HomeMy WebLinkAbout06-22 BZA Staff ReportAPPEAL APPLICATION #06-22
TRUSTLAND INVESTMENT PROPERTIES
Staff Report for the Board of Zoning Appeals
Prepared: June 7, 2022
Staff Contact: Mark R. Cheran, Zoning Administrator
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This report is prepared by the Frederick County Planning Staff to provide information to the
Board of Zoning Appeals to assist them in making a decision on this request. It may also be
useful to others interested in this zoning matter.
BOARD OF ZONING APPEALS HEARING DATE:
June 28, 2022
Public Hearing Action Pending
LOCATION: The subject property is located at Northwest corner at the intersection of Tasker
Road (Route 642) and Warrior Drive (Route 719) Stephens City.
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBER: 75-A-104
PROPERTY ZONING & USE: Zoning: B2 (General Business)/RP (Residential Performance)
Land Use: Vacant
ADJOINING PROPERTY ZONING & USE:
North: RP (Residential Performance) Use: Residential
East: RP (Residential Performance) Use: Residential Open Space
South: B2 (General Business) Use: Self-storage (under construction)
West: RP (Residential Performance) Use: Residential
APPEAL: An appeal of the decision of the Zoning Administrator in the administration of the
Frederick County Zoning Ordinance
REASON FOR APPEAL: The Applicant is appealing the determination of the Zoning
Administrator, dated May 13, 2022. The Applicant is appealing the determination regarding Chapter
165, Section 202.03 D Pedestrian access, as related to the application for approval of Site Plan #08-
21.
ZONING ADMINISTRATOR DETERMINATION: That Section 165-202.03 D Pedestrian
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access requires safe pedestrian walkways to be provided to all uses on land included in a Master Plan
or Site Plan approved by Frederick County. Sidewalks and multi-use trails shall be provided in
conformance with adopted Comprehensive Plan policies for present and future roadway
classification and/or approved Master Development Plans. Sidewalks shall be installed in the right-
of-way and adjacent to the boundary of all proposed and existing streets and shall contain adequate
handicapped ramps at all intersections at intervals acceptable to the Virginia Department of
Transportation. There shall be a minimum two-foot-wide grass strip or swale between the street edge
and the sidewalk, where sidewalks are required. Sidewalks shall be a minimum of five feet wide,
multi-use trails shall be a minimum of 10 feet wide. Therefore, for Site Plan # 08-21 to be approved
by Frederick County safe pedestrian access shall be provided along Tasker Road (642)
and Warrior Drive (Route719) .
STAFF COMMENTS: The applicant applied for a site plan approval (Site Plan#08-21) for a self-
storage facility on the above-referenced property. Planning Staff reviewed the above-referenced site
plan to determine if administrative approval can be granted. Staff was in no position to approve the
site plan as presented. The Applicant did not address or prepare a revised site plan which adequately
addresses the below comment.
Sidewalks and Pedestrian Walkways:
Safe pedestrian walkways shall be provided to all uses on land included in a Master Plan
or Site Plan approved by Frederick County. Sidewalks shall be provided in conformance
with adopted corridor or walkway plans or approved Master Development Plans. The Site
Plan could not be approved in its current form, as the Site Plan did not include sidewalks or
pedestrian walkways along Tasker Road (Route 642) and Warrior Drive (Route 719) as
required per the Frederick Zoning Ordinance Section 165-202.03 D
As noted in the request for a zoning determination letter a meeting was held with Staff on November
22, 2021, regarding the above-referenced comment’s applicability to approval of Site Plan #08-21.
On December 21, 2021, Staff advised the Applicant to seek a Zoning Determination from the Zoning
Administrator for an interpretation of the Section 165-202.03 D. regarding the sidewalk requirement.
The Applicant submitted a request on May 10, 2022, to the Zoning Administrator for a Zoning
Determination regarding the interpretation of the Section 165-202.03 D sidewalk requirement,
relative to the requested approval of Site Plan #08-21. On May 13, 2022, the Zoning Administrator’s
Determination advised the Applicant that Section 165-202.03 D required a sidewalk, and that Site
Plan #08-21 could therefore not be approved as submitted. The Frederick County Comprehensive
Policy Plan, at pages 55 and 57, identifies Tasker Road (Route 642) as a major collector road and
Warrior Drive (Route 719) as a proposed major collector road. In addition, the VDOT Road Design
Manual calls for pedestrian accommodations on all roads in urban areas. In this instance, the two
roads are in the County’s Urban Development Area.
Between the time of the submission of Site Plan #08-21 The Frederick County Board of Supervisors
on January 26, 2022, amended Section 165-202.03 D of the Frederick County Ordinance. The
Section states: Safe pedestrian walkways shall be provided to all uses on land included in a
master plan or site plan approved by Frederick County. Sidewalks and multi-use trails shall be
provided in conformance with adopted Comprehensive Plan policies for present and future
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roadway classification and/or approved master development plans. Sidewalks shall be installed
in the right-of-way and adjacent to the boundary of all proposed and existing streets and shall
contain adequate handicapped ramps at all of intersections at intervals acceptable to the
Virginia Department of Transportation. There shall be a minimum two-foot-wide grass strip or
swale between the street edge and the sidewalk, where sidewalks are required. Sidewalks shall be
a minimum of five feet wide, multi-use trails shall be a minimum of 10 feet wide.
The only issue this Board of Zoning Appeals must address is to affirm or overrule the Zoning
Administrator’s decision regarding the sidewalk requirement.
STAFF CONCLUSIONS FOR THE JUNE 28, 2022 MEETING: Staff is requesting the Board of
Zoning Appeals to affirm the decision of the Zoning Administrator in the administration of the
Frederick County Zoning Ordinance, Section 165-202.03 D Pedestrian access.
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