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PC 03-01-23 Meeting Agenda
1.Call to Order 2.Adoption of Agenda – Pursuant to established procedures, the Planning Commission should adopt the Agenda for the meeting. 3.Meeting Minutes 3.A.January 4, 2023 Meeting Minutes 4.Committee Reports 5.Citizen Comments 6.Public Hearings 6.A.Conditional Use Permit #01-23 Frederick-Winchester Service Authority (D.R. Horton) - (Mrs. Peloquin) This is a request for a Conditional Use Permit (CUP) for an off-premises freestanding residential subdivision entrance sign on +/- 24.07 acres in the RA (Rural Areas) Zoning District. The property is identified by Property Identification Number (PIN) 56-A-19 and is located in the Red Bud Magisterial District. 7.Information/Discusion 7.A.Northeast Land Use Plan - (Mr. Pearson) 8.Other 9.Adjourn AGENDA PLANNING COMMISSION WEDNESDAY, MARCH 1, 2023 7:00 PM THE BOARD ROOM FREDERICK COUNTY ADMINISTRATION BUILDING WINCHESTER, VIRGINIA PC03-01-23Minutes2023January4.pdf PC03-01-23CUP01-23_Redacted.pdf PC03-01-23NortheastLandUsePlanUpdate_Redacted.pdf 1 Planning Commission Agenda Item Detail Meeting Date: March 1, 2023 Agenda Section: Meeting Minutes Title: January 4, 2023 Meeting Minutes Attachments: PC03-01-23Minutes2023January4.pdf 2 Frederick County Planning Commission Page 3995 Minutes of January 4, 2023 MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on January 4, 2023. PRESENT: John F. Jewell, Chairman; Roger L. Thomas, Vice Chairman/Opequon District; Robert S. Molden, Opequon District; William A. Orndoff, Stonewall District; Justin Kerns, Stonewall District; H. Paige Manuel, Shawnee District; Elizabeth D. Kozel, Shawnee District; Charles E. Triplett, Gainesboro District; Jason Aikens, Gainesboro District; Betsy Brumback, Back Creek District; Mollie Brannon, Back Creek District; Kathleen Dawson, Red Bud District; Charles Markert, Red Bud District; Austin Cano, Assistant County Attorney. ABSENT: None STAFF PRESENT: John A. Bishop, Assistant Director; Shannon L. Conner, Administrative Assistant. CALL TO ORDER Chairman Jewell called the January 4, 2023 meeting of the Frederick County Planning Commission to order at 7:00 p.m. Chairman Jewell commenced the meeting by inviting everyone to join in a moment of silence. ADOPTION OF AGENDA Upon a motion made by Commissioner Thomas and seconded by Commissioner Manuel the Planning Commission unanimously adopted the agenda for this evening’s meeting. MEETING MINUTES Upon motion made by Commissioner Orndoff and seconded by Commissioner Dawson, the Planning Commission unanimously adopted the minutes from the October 19, 2022 meeting. ------------- 3 Frederick County Planning Commission Page 3996 Minutes of January 4, 2023 ELECTION OF OFFICERS, MEETING SCHEDULE, AND ADOPTION OF BYLAWS AND RULES & RESPONSIBILITIES FOR 2023 Assistant Director, John A. Bishop, presided over the election of the Chairman for 2023. Election of John F. Jewell, Chairman for 2023 Assistant Director, John A. Bishop, declared nominations open for Chairman for the 2023 calendar year. The nomination of Mr. John F. Jewell for Chairman was made by Commissioner Thomas and seconded by Commissioner Triplett. BE IT RESOLVED, that by a unanimous vote, the Frederick County Planning Commission does hereby elect Mr. John F. Jewell as Chairman of the Planning Commission for the calendar year 2023. Election of Roger L. Thomas, Vice Chairman for 2023 Chairman, John F. Jewell, declared nominations open for Vice Chairman for the 2023 calendar year. The nomination of Mr. Roger L. Thomas for Vice Chairman was made by Commissioner Orndoff and seconded by Commissioner Kerns. BE IT RESOLVED, that by a unanimous vote, the Frederick County Planning Commission does hereby elect Mr. Roger L. Thomas as Vice Chairman of the Planning Commission for the calendar year 2023. Election of Wyatt G. Pearson, Secretary for 2023 Chairman Jewell declared nominations open for Secretary for the 2023 calendar year. The nomination of Mr. Wyatt G. Pearson was made by Commissioner Jewell and seconded by Commissioner Triplett. BE IT RESOLVED, that by a unanimous vote, the Frederick County Planning Commission does hereby elect Mr. Wyatt G. Pearson as Secretary of the Planning Commission for the calendar year 2023. PLANNING COMMISSION BYLAWS AND ROLES & RESPONSIBILITIES AND MEETING SCHEDULES FOR 2023 Chairman Jewell stated the Planning Commission’s Bylaws and Roles and Responsibilities and Meeting Schedules have been reviewed by the Commission and are ready for the Commission’s consideration and adoption. Upon motion made by Commissioner Thomas and seconded by Commissioner Manuel 4 Frederick County Planning Commission Page 3997 Minutes of January 4, 2023 BE IT RESOLVED that the Frederick County Planning Commission does hereby unanimously adopt the Planning Commission’s Bylaws and the Roles & Responsibilities and Meeting Schedules for the calendar year of 2023 as presented. COMMITTEE ASSIGNMENTS Chairman Jewell reported all Committee assignments for calendar year 2023 will remain the same at this time. ------------- COMMITTEES City of Winchester – 01/03/23 Commissioner Pifer, Winchester City Planning Commission Liaison, reported the Commission discussed a CUP at Zero Pack and two ordinance amendments. Board of Supervisors – 12/14/23 Supervisor Ludwig reported, the Board of Supervisors tabled a CUP for Richard Byess to be brought back before the Board at a later date. ------------- CITIZEN COMMENTS Chairman Jewell called for citizen comments on any subject not currently on the Planning Commission’s agenda or any item that is solely a discussion item for the Commission. No one came forward to speak and Chairman Jewell closed the public comments portion of the meeting. ------------- PUBLIC HEARING Conditional Use Permit #13-22 for Seven Bends Nursery (Jerry See and Iara Lacher), submitted for the retailing or wholesaling of nursery stock and related products. The undeveloped property is located on Town Run Lane (Route 1012) southwest of the intersection with Peace and Plenty Lane (private road), east of the Town of Stephens City. The property is identified with Property Identification Number 85-A-134 in the Opequon Magisterial District. Action – Recommend Approval John A. Bishop, Assistant Director, reported this is an application for a Conditional Use Permit (CUP) to allow a Retail Nursery. The 13-acre undeveloped parcel is located at Town Run Lane (Route 1012) and Peace and Plenty Lane (private road) in the Opequ on Magisterial District and is zoned RA (Rural Areas). He shared a zoning map of the property and surrounding area. He noted, retailing and 5 Frederick County Planning Commission Page 3998 Minutes of January 4, 2023 wholesaling of nursery stock and related products is permitted within the RA Zoning District with an approved CUP. Mr. Bishop shared, the Applicant intends to conduct this use as follows and construct: • 2,600 square feet retail office • (3) 3,600 square feet green houses • A fenced area for display of retail products and plants • Pond (.33 acre) for irrigation purposes • Parking area Mr. Bishop concluded should the Planning Commission find this application to be appropriate, Staff would recommend the flowing condition be assigned to this CUP: 1. All review agency comments shall be complied with at all times. 2. An engineered minor site plan in accordance with Article VIII be submitted and approved by Frederick County prior to establishing the use. 3. One, non-illuminated, freestanding monument business sign is permitted no more than five feet in height and fifty square feet in size. 4. Any expansion or change of use shall require a new Conditional Use Permit. Commissioner Orndoff requested clarification of where the access point will be. Dr. Iara Lacher, the Applicant came forward and clarified the location would ideally be facing north towards Stephens City. Commissioner Kerns inquired about water and sewer for the property. Dr. Lacher stated they will be putting in a drain field. Commissioner Brumback asked if there would be three or four greenhouses on the property. Dr. Lacher commented that is to be determined and is based on how things are placed on the property and the sizes. Commissioner Molden inquired about mulch sales and the truck traffic this could generate. Dr. Lacher commented there will be bags of mulch sold and a small trailer will be used to haul these to the location. Commissioner Brannon commented she would like to be sure the Applicant understands if changes are made a new CUP will need to be applied for. Dr. Lacher stated she is aware of that. Commissioner Thomas commented regarding the square footage and that this would be done in phases. Mr. Bishop noted that is correct. Chairman Jewell called for anyone who wished to speak regarding this Public Hearing to come forward at this time. Ms. Susie Hertzler of the Gainesboro District, Mr. Eric Morgan of the Opequon District, Ms. Michelle Fontaine of the Gainesboro District, Mr. Brady Boyer, and Mr. Phil Harper of the Gainesboro District came forward and shared their support of this Application; they believe focusing on native plants will be beneficial to the community and this is a great opportunity. Mr. William Ramey of the Opequon District share is concerns with the uncertainty of the legal right-of-way to the land. He noted he is not against the nursery, he would just like clarification of this. No one else came forward to speak and Chairman Jewell closed the public comment portion of the hearing. 6 Frederick County Planning Commission Page 3999 Minutes of January 4, 2023 Commissioner Brannon requested Staff address the right-of-way concerns. Mr. Bishop commented, VDOT cannot landlock a parcel and that Town Run terminates at the corner of the property. Upon a motion made by Commissioner Orndoff and seconded by Commissioner Manuel BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval of Conditional Use Permit #13-22 for Seven Bends Nursery (Jerry See and Iara Lacher), submitted for the retailing or wholesaling of nursery stock and related products. The undeveloped property is located on Town Run Lane (Route 1012) southwest of the intersection with Peace and Plenty Lane (private road), east of the Town of Stephens City. The property is identified with Property Identification Number 85 -A- 134 in the Opequon Magisterial District. ------------- DISCUSSION ITEM Discussion regarding Staff recommended changes to the Development Review Fee Schedule. John A. Bishop, Assistant Director, shared the changes proposed to the Development Review Free Schedule: • Increase of the fee for postponement of advertised public meeting or public hearing at the applicant’s request from $500 to $750 • Decrease in the Bond Replacement fee from $500 to $300 • Implementation of a $200 fee for Short Term Lodging permits and renewals Commissioner Dawson inquired about building fees and if any changes. Mr. Bishop commented that is not reflected is the fees being discussed and that would be through Inspections and Public Works Departments. Commissioner Brannon asked if there was a fee it an item is tabled. Mr. Bishop explained the applicant would only pay again if they would withdraw or make changes. ------------- ADJOURNMENT No further business remained to be discussed and a motion was made by Commissioner Orndoff to adjourn the meeting. This motion was seconded by Commissioner Thomas and unanimously passed. The meeting adjourned at 7:40 p.m. Respectfully submitted, ____________________________ John F. Jewell, Chairman ___________________________ Wyatt G. Pearson, Secretary 7 Planning Commission Agenda Item Detail Meeting Date: March 1, 2023 Agenda Section: Public Hearings Title: Conditional Use Permit #01-23 Frederick-Winchester Service Authority (D.R. Horton) - (Mrs. Peloquin) Attachments: PC03-01-23CUP01-23_Redacted.pdf 8 CONDITIONAL USE PERMIT #01-23 FREDERICK-WINCHESTER SERVICE AUTHORITY (D.R. HORTON) Staff Report for the Board of Supervisors Prepared: February 10, 2023 Staff Contact: Kayla Peloquin, Planner This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 03/01/23 Pending Board of Supervisors: 04/12/23 Pending EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit (CUP) for an off- premises freestanding monument residential subdivision entrance sign on +/- 24.07 acres in the RA (Rural Areas) Zoning District. Should the Planning Commission find this application to be appropriate, staff recommends that the following conditions be placed on the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. Only one (1) monument sign not to exceed eight (8) feet in height and thirty-two (32) square feet in area is permitted. 3. Any expansion or change of use shall require a new Conditional Use Permit. Following this public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. 9 Page 2 CUP #01-23, Frederick-Winchester Service Authority (D.R. Horton) February 10, 2023 LOCATION: This property is located south of Berryville Pike (Route 7) approximately 0.3 miles west of the boundary with Clarke County. The property is at the southwest corner of the intersection of Berryville Pike (Route 7) and future Hallowed Crossing Way. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBER: 56-A-19 PROPERTY ZONING & PRESENT USE: Zoned: Rural Areas (RA) Land Use: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: RA Use: Agriculture South: RA Use: Vacant East: RA Use: Frederick-Winchester Service Authority Treatment Plant West: RA Use: Residential PROPOSED USE: The Applicant proposes an off-premises freestanding monument residential subdivision entrance sign. REVIEW EVALUATIONS: Planning and Zoning: The Applicant proposes an off-premises freestanding monument sign at the northeast corner of the parcel that is owned by the Frederick-Winchester Service Authority. The parcel is located within the Sewer and Water Service Area (SWSA) and the Urban Development Area (UDA). The proposed sign identifies the entrance to a future residential subdivision, the Retreat at Winding Creek, for which a Master Development Plan (MDP) #01-22 was approved in March 2022. The Frederick County Zoning Ordinance defines an off-premises sign as “A sign which directs attention to a business, commodity, service, activity or entertainment conducted, sold or offered on the parcel of land other than the one on which the sign is located” (§165-101.02). Furthermore, a monument sign is defined as “A freestanding sign placed directly on the ground by means other than a support pole or brace in which the message portion is either on top of, or affixed to, the support structure. The width of the support structure for the monument sign must 10 Page 3 CUP #01-23, Frederick-Winchester Service Authority (D.R. Horton) February 10, 2023 be a minimum of 50% of the width of the sign face area” (§165-101.02). The proposed off- premises freestanding monument sign meets the qualifications of the ordinance and is an allowed use with an approved CUP. The sign area shall be measured using the definition of sign area contained in §165-101.02. Virginia Department of Transportation: The VDOT review has been completed for the Retreat at Winding Creek conditional use application. Based on the review of the application/drawings, VDOT offers the following comments: • The proposed sign will need to be on private land. • The placement of the sign will need to follow VDOT clear zone requirements, (from the VDOT Road Design Manual), measured from the edge of pavement. (See attached) • Based on the above information, the Site Plan is acceptable. Frederick County Inspections Department: No comments at this time. Frederick County Fire Marshall: Plans approved. Historic Resources Advisory Board (HRAB): Please see the letter dated December 27, 2022 from Kayla Peloquin, Planner. STAFF CONCLUSIONS FOR THE 03/01/23 PLANNING COMMISSION MEETING: This is a request for a Conditional Use Permit (CUP) for an off-premises freestanding monument residential subdivision entrance sign on +/- 24.07 acres in the RA (Rural Areas) Zoning District. Should the Planning Commission find this application to be appropriate, staff recommends that the following conditions be placed on the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. Only one (1) monument sign not to exceed eight (8) feet in height and thirty-two (32) square feet in area is permitted. 3. Any expansion or change of use shall require a new Conditional Use Permit. Following this public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. 11 ¬«7 56 A 19 233EDDYS LN 283EDDYS LN 301EDDYS LN 3100BERRYVILLEPIKE 1494VALLEYMILL RD 159EDDYS LN 151EDDYS LN 145EDDYS LN 125EDDYS LN 137EDDYS LN 111EDDYS LN 1560VALLEYMILL RD 1580VALLEYMILL RD 2826BERRYVILLEPIKE 2851BERRYVILLEPIKE 112BURNTFACTORY RD VA LL EY M IL L R D EDDYS LNBERRYVILLE PIKE Application Sewer and Water Service A rea Parcels Future Rt 37 Bypass µ Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: January 31, 20 23 BERRYVILLE PIKE EDDYS LNV A L L E Y M I L L R D BURNT FACTORY RD¬«7 0 375 750187.5 Feet CLARKECOUNTY CUP # 01 - 23: Winchester-Frederick Service Authority PIN: 56-A-19Freestanding Off-Premises Monument SignLocation Map CUP #01-23 12 ¬«7 56 A 19 233EDDYS LN 283EDDYS LN 301EDDYS LN 3100BERRYVILLEPIKE 1494VALLEYMILL RD 159EDDYS LN 151EDDYS LN 145EDDYS LN 125EDDYS LN 137EDDYS LN 111EDDYS LN 1560VALLEYMILL RD 1580VALLEYMILL RD 2826BERRYVILLEPIKE 2851BERRYVILLEPIKE 112BURNTFACTORY RD VA LL EY M IL L R D EDDYS LNBERRYVILLE PIKE Application Sewer and Water Service A rea Parcels Future Rt 37 Bypass µ Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: January 31, 20 23 BERRYVILLE PIKE EDDYS LNV A L L E Y M I L L R D BURNT FACTORY RD¬«7 0 375 750187.5 Feet CLARKECOUNTY CUP # 01 - 23: Winchester-Frederick Service Authority PIN: 56-A-19Freestanding Off-Premises Monument SignZoning Map CUP #01-23 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Planning Commission Agenda Item Detail Meeting Date: March 1, 2023 Agenda Section: Information/Discusion Title: Northeast Land Use Plan - (Mr. Pearson) Attachments: PC03-01-23NortheastLandUsePlanUpdate_Redacted.pdf 30 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 MEMORANDUM TO: Frederick County Planning Commission FROM: Wyatt Pearson, AICP Director of Planning & Development SUBJECT: Planning Commission Discussion – Northeast Land Use Plan Update DATE: February 22, 2023 At the Planning Commission’s December 7th, 2022, meeting, Staff presented the draft update to the Northeast Land Use Plan (NELUP) for discussion and sought a recommendation from the Commission to forward to the Board of Supervisors. The Commission requested staff present the same information to the Comprehensive Plans and Programs Committee (CPPC) for discussion. On February 13th the CPPC met and discussed the staff recommendations. Consensus was reached by the CPPC to accept some of the staff recommendations, but to redesignate properties in the vicinity of Branson Springs Road, Woodbine Road, & Grace Church Road for primarily Extractive Mining uses, and properties southwest of Rest Church Road & Zachary Ann Lane for Industrial uses Staff has incorporated the CPPC’s modifications into the draft maps and text for the updated NELUP. Below is a summary of the process to date. Study Area The NELUP study area consists of 21,000 acres which are generally located north of Berryville Pike (Route 7) and the limits of the City of Winchester, west of the Opequon Creek at the County boundary with Clarke County, south of the West Virginia State line and east of Apple Pie Ridge Road and Stonewall Industrial Park. Interstate 81 and Martinsburg Pike (Route 11 North) extend from the southwestern limits of the study area to the northern area that borders West Virginia. The NELUP area consists of significant areas planned for future commercial and industrial land uses. The study area also contains two rural community centers, a developing Residential Planned Community, and significant areas of historic/natural resources. NELUP Update The current NELUP was adopted in July of 2011 and amendments were passed in 2014 and 2015 adding text for specific properties (McCann-Slaughter & Blaine Properties). This is the first small area plan being conducted as part of a broader attempt to update all the small area plans. In November 2021, a citizen workgroup comprised of residents from the study area was formed to review the existing plan and make recommendations on how they envision this area to develop 31 over the next twenty years. Stakeholders consisting of landowners, prospective developers, utility providers, and the representative of the County’s Economic Development Authority also provided their input to the workgroup throughout the process. The group met weekly from December 2021 through March 2022 and forwarded their work product to the CPPC for further consideration. The Comprehensive Plans and Programs Committee (CPPC) met three times to discuss the NELUP and request modifications by staff. At their July 11, 2022, meeting, the CPPC forwarded a draft plan to the Planning Commission for consideration and further public involvement. The Planning Commission was presented with the draft plan in a work session format on August 3, 2022, and since that time staff has conducted additional public outreach on the draft plan. Results of Public Outreach In order to solicit public opinion on the draft plan, staff sent direct mailers to all property owners in the Northeast Land Use Plan area, posted roadside signs, posted on social media, and requested the Winchester Star provide coverage. Most of this outreach was intended to direct interested citizens and stakeholders to fill out the online survey and/or attend the public information meetings we hosted at local schools. The end result of this outreach effort was 217 survey responses, and 100+ attendees at both public information sessions. The Planning Commission was previously emailed the full detail of this survey data, and it is available on the website for any other interested parties. Staff will provide further detail and graphics during the presentation on December 7th. Some common themes from the survey feedback are expressed in an abbreviated form below. • The community is very concerned about the continued management of heavy truck traffic, traffic circulation, and interstate access. • The community is very concerned about the protection of natural and historic resources for future generations, and the preservation of agricultural/rural land. • Expansions of extractive mining and industrial development are not a priority for the community. • There is some interest in more affordable housing options, but additional residential is generally not preferred by the community. • Fixing existing transportation issues and congestion are of great concern to the community. • The community desires additional commercial development with a specific focus on a grocery store. Staff has received five developer/owner requests for additional information on these requests please reference the December 7th Planning Commission packet. Since the Planning Commission had not seen the Shenandoah Valley Battlefields Foundation (SVBF) request previously , that is attached along with the associated maps prepared by the Planning Department. Shenandoah Valley Battlefields (SVBF) has requested a wide range of properties be designated as Sensitive Natural Areas. The CPPC recommended not entertaining this request at this time, but communicated further information from SVBF on these changes in the future would be welcome. 32 Staff is seeking a recommendation from the Planning Commission to forward to the Board of Supervisors on the draft plan. Attachments: 1. Draft NELUP Text 2. Draft NELUP Maps a. Land Use – CPPC Recommendation b. Community Facilities and Natural Resources c. Transportation d. Transportation Lane Divides 3. SVBF Sensitive Natural Areas Request Memo a. SVBF Parcel Map 1 b. SVBF Parcel Map 2 4. Current adopted NELUP text 5. Current adopted NELUP Land Use map - acreage table with existing planned uses 33 APPENDIX I - AREA PLANS Northeast Land Use Plan DRAFT 1 DRAFT – 02/22/23 NORTHEAST LAND USE PLAN NELUP 34 APPENDIX I - AREA PLANS Northeast Land Use Plan DRAFT 2 NORTHEAST LAND USE PLAN (NELUP) The Northeast Land Use Plan (NELUP) study area consists of 21,000 acres which are generally located north of Berryville Pike (Route 7) and the limits of the City of Winchester, west of the Opequon Creek at the County boundary with Clarke County, south of the West Virginia State line and east of Apple Pie Ridge Road and Stonewall Industrial Park. Interstate 81 and Martinsburg Pike (Route 11 North) extend from the southwestern limits of the study area to the northern area that borders West Virginia. A series of maps have been prepared which identify future land uses, transportation, natural resources, historic resources, and community facilities within the study area. Within this plan, the Martinsburg Pike/Interstate-81 corridor continues to be predominantly planned for commercial and industrial (C/I) land uses. Two Rural Communities Centers are located in the study area, Brucetown and Stephenson, both are located east of Martinsburg Pike. The eastern and western portions of the study area which are outside the limit of the Sewer and Water Service Area (SWSA) continue to form the boundary between the County’s rural and more intensely developed areas. The NELUP also contains significant historical and natural resources which have been identified in this plan. The completion of the Route 37 Eastern Bypass, part of which extends through the southern portion of the study area, continues to be a top transportation priority in this area of the County. Land Use BUSINESS DEVELOPMENT LAND USES Interstate and Highway Commercial at Exits 317, 321 and 323 Located at highly visible locations on interstate interchanges, these areas should be designed to accommodate and promote highway commercial land uses. Particular effort must be made to ensure that access management for the supporting transportation network is a key priority as the function of the interstate and primary road network is critical. As these areas are highly visible, building and site design should be of a high quality to ensure that these areas put forth an attractive view for both residents and visitors; enhanced buffers and screening is also important along Interstate 81 and adjoining roadways. Mixed Use Industrial Office The NELUP identifies a number of areas designated as future mixed use industrial office. These areas are intended to develop with targeted growth sectors identified by the County’s EDA as well as similar industries that are likely to bring higher wages, professional and/or technology jobs. 35 APPENDIX I - AREA PLANS Northeast Land Use Plan DRAFT 3 Uses which contribute to air, significant noise, and light pollution, and businesses that create large volumes of truck traffic are discouraged in these areas. Consideration of uses outside the identified targeted businesses should only be considered if they are secondary and complementary to these targeted businesses. It should be noted that areas North of Hopewell Road and exit 321 to the West Virginia line are within reasonable proximity of significant electrical transmission capability. In turn, these areas may be well suited to energy intensive development, if the other necessary utilities could be provided to sites, and the development provides benefit to Frederick County. Interstate and Martinsburg Pike Commercial and Industrial Areas Significant areas for industrial opportunities are identified along Martinsburg Pike, Hopewell Road, and Cedar Hill Road and areas west of Woodside Road. These areas are intended to further enhance the County’s commercial and industrial areas and to provide focus to the County’s regional employment centers. These areas are strategically located with direct interstate and regional highway routes, and rail access in certain areas. Sites with rail access should develop with uses that capitalize on this opportunity to reduce impacts on local roadways. It should be recognized that while these areas are located near major roadways, the transportation network is strained. Future development should ensure that their impacts on local infrastructure are adequately mitigated. Furthermore, new development applications should not be considered in areas where the transportation network cannot meet acceptable levels of service. The area situated between Old Charlestown Road and Stephenson Road located immediately east and west of the existing rail corridor is identified for future business uses. More specifically, business uses in this area east of the rail corridor should be of a neighborhood or community scale and be intended to serve the nearby residents of Snowden Bridge and the Stephenson Rural Community Center. Properties west of the rail corridor may be well suited to meet community needs for anchor retail, and further study of these properties may be appropriate to determine whether the inclusion of residential uses would be necessary to support such activity. Existing residential uses are located along Martinsburg Pike, in close proximity to areas planned for more intensive uses. While many of these residential uses are planned to transition in the future to higher intensity uses, development applications should seek to mitigate their impact on these residences near term. Extractive Manufacturing Areas Located in the northern portion of the study area, east of Martinsburg Pike, is a large limestone quarry. As a primary industry, mining should be supported and protected as long as the quarries remain productive. 36 APPENDIX I - AREA PLANS Northeast Land Use Plan DRAFT 4 In addition to the existing quarry location, the plan identifies future areas of extractive manufacturing land uses north of Turkey Run to Woodbine Road. It should be recognized that extractive manufacturing uses are generally incompatible with residential uses due to the prevalence of outdoor storage and the emission of noise, dust, vibrations, and industrial truck traffic. Considerable buffers between these uses, existing residences and roadways are desirable to ensure compatibility and maintain commercial viability. Additionally, impacts on viewshed should be addressed when considering new development applications. Stockpiling of material should be avoided adjacent to residential uses and roadways, to minimize the visual disruption of the landscape; reduction in the size and visibility of existing stockpiles along Martinsburg Pike should also be considered. RESIDENTIAL AND RURAL LAND USES Residential Areas The NELUP contains a mix of historical small lot residential uses, larger rural lots, and suburban residential within a planned community. There are 2,340 acres of the study area that within the limits of the Urban Development Area (UDA). This area primarily encompasses existing Snowden Bridge development. Snowden Bridge is approved to develop with a mix of higher density housing types and an area of future commercial. This development is adjacent to the Jordan Springs Elementary School and a future public park. Residential land uses outside the limits of the UDA consist of a mix of historical small lots and larger rural lots. Existing residential uses along Martinsburg Pike are envisioned to transition to commercial areas as the community grows, while residential uses within the Rural Community Centers could evolve and expand should public facilities become available in the future as identified below. Residential land uses outside of the SWSA, UDA and RCC’s which are within the study area are envisioned to remain rural in character. Clearbrook-Brucetown and Stephenson Rural Community Centers (RCC) The NELUP study area contains two Rural Community Centers (RCC); The Clearbrook-Brucetown RRC and Stephenson RRC. The Clearbrook-Brucetown RCC is located in the northeastern portion of the study area, east of Martinsburg PikeI-81, north and south of Brucetown Road and along a portion of Sir Johns Road. Brucetown is one of the oldest communities located in the County and contains a number of significant historic structures. 37 APPENDIX I - AREA PLANS Northeast Land Use Plan DRAFT 5 The Stephenson RCC is located in the eastern/central area of the NELUP study area, east of Martinsburg Pike along Stephenson Road. Stephenson is a 19th century crossroads community which was established with the Winchester and Potomac Railroad in the 1830’s. While the commercial elements of the community are no longer present, a number of historic dwellings remain. Residential is the predominate land use in the Clearbrook-Brucetown and Stephenson RCC’s. It should be recognized that most residential lots in these RCC’s are less than one-half acre and contain single family detached housing. These houses are on wells and on-site septic (drainfield) and typically the structures are located closer to roadways. This historic development pattern cannot be accommodated within the existing RA (Rural Areas) Zoning District, which allows one residence for every five acres and requires primary and reserve drainfield areas. Given that the Clearbrook-Brucetown RCC extends to I-81 in close proximity to exit 321, it should be recognized that viable commercial uses in that area will likely need to meet the needs of interstate travelers as well as the surrounding residents. The NELUP seeks to further define these RCC’s and promote future consideration of these unique areas. Future development within these centers should ensure that their historic rural character is retained. Creation of individual small area plans should be considered for these RCC’s in the future, should public utilities become available. Defined Rural Areas The NELUP seeks to further define the boundary between the rural and urban areas of the community using the identified limits of the SWSA Areas planned for more intensive development (with the exception of the existing quarry) are within the limits of the SWSA. Land outside of the SWSA except as noted above is planned to remain rural in nature. Significant areas of prime agricultural soil and working farms are located in the western portion of the study area between Welltown Road and the limits of the SWSA. Areas east of the SWSA and outside the limits of the RCC’s are also planned to remain rural in nature. The NELUP also identifies significant sensitive natural areas in the southern portion of the study area; this area contains the Red Bud Agricultural and Forestal Area. The County should promote the preservation of its rural areas and support future expansions of its Agricultural and Forestal Districts. CORRIDOR DESIGN AND PEDESTRIAN ACCOMMODATIONS A significant corridor appearance buffer is proposed along Martinsburg Pike, like what has been established for Route 50 West corridor in the Round Hill Land Use Plan. This corridor buffer consists of a 50-foot buffer area, landscaping, and bike path. Roadway designs should plan for multi-modal street designs that will take all users into consideration. A 10’ paved multipurpose path is identified along the southbound section of Martinsburg Pike, as 38 APPENDIX I - AREA PLANS Northeast Land Use Plan DRAFT 6 established with the Rutherford Crossing development, sidewalks are planned for the northbound section. Pedestrian and bicycle accommodations such as sidewalks and bicycle lanes should be provided along all primary and collector roadways within the SWSA. Bike paths or lanes should be constructed on the same grade as the adjacent roadway. Intersection accommodations should also include pedestrian refuge islands and pedestrian access signals. Pedestrian and bicycle connections between residential, employment and recreational opportunities such as the 3rd Battle of Winchester trail network should be provided for. Where gaps exist in the pedestrian network, use of state programs such as Transportation Alternatives to address gaps in the system should be considered. TRANSPORTATION In support of the land uses indicated in the NELUP, a transportation network has been proposed which relates to the location and context of proposed land uses, promotes multi-modal transportation choices and walkability, and furthers the efforts of the Win-Fred MPO. In this study, there is a direct nexus between transportation and land use. As noted in the Transportation Chapter of the Plan, as road projects and development or redevelopment take place, the development and associated transportation facilities should be accessible to all users. Transportation improvements to the interstate, arterial, and collector road systems will contribute to improved levels of service throughout the study area and will shape the land use patterns in the short and long term. The County’s Eastern Road Plan and the NELUP identify several significant transportation improvements within the study area boundaries. Within this study area, Martinsburg Pike (Route 11), future Route 37, and I-81 are the key corridors supporting future land uses. The plan calls for improvements to existing roadways and interchanges, new and extended major and minor collector networks and the construction of the Route 37 bypass. Route 37 has long been the County’s top priority. The completion of the Route 37 loop around the eastern portion of the County would relieve congestion on numerous local routes that have become congested as the County has grown and would offer relief to I-81. Development applications within the identified corridor right-of-way for Route 37 shall be expected to recognize this area to facilitate future improvements. Improvements at Exit 317 are also critical due to congestion and safety concerns. The realignment of the northbound exit ramp of I-81 onto Route 11 to the location where Redbud Road currently intersects with Route 11 is needed and has recently been awarded funding through the VDOT SmartScale program. This improvement will align the interstate ramps which are currently offset and allow the removal of a signal on Route 11 north. The realignment of Redbud Road to a new intersection with Snowden Bridge Boulevard is also 39 APPENDIX I - AREA PLANS Northeast Land Use Plan DRAFT 7 planned. This realignment would reduce congestion and improve safety in this area as well as reduce stacking of traffic at the exit ramps. This ramp realignment will act as an important first phase of the future larger upgrade of Exit 317 to a diverging diamond interchange (DDI). A new interchange configuration for Exit 321 has been identified which would split the interchange between Hopewell Road and Cedar Hill Road. This improvement would provide for enhanced access to the interchange and takes advantage of proposed frontage roads planned for this area. As commercial and industrial land uses develop, the widening of Route 11 will become critical. Development applications should identify and preserve the right-of-way necessary to accommodate future widening and provide for improvements identified as necessary to accommodate the development. In addition, as the Snowden Bridge Subdivision continues to develop, the completion of Snowden Bridge Boulevard from Milburn Road to Old Charlestown Road will allow additional opportunities of ingress and egress for citizens of the community. The close proximity of the intersections of Brucetown Road and Hopewell Road with Route 11 have created conflicts and congestion for the road network in this area. The alignment of the intersections for these two roadways is a necessary improvement for this area. This alignment should be completed prior to the consideration of future development applications which would access this area. Alternatively, it may be an appropriate to consider rerouting Hopewell Road east of exit 321 through the parcel immediately north to intersect Route 11 at a new location further north. This alternative would require additional study and coordination with VDOT and would likely require the closure of the existing Hopewell Road at grade rail crossing. Access Management is a significant priority for the transportation network planned for this study area. Proper access management is key to provide for a safe and efficient transportation network. Furthermore, access management can reduce the need for roadway widenings. Access management should be implemented through the following: • Use of frontage roads • Construction and use of planned minor collector roadways • Proper entrance spacing and use of interparcel access points to bring traffic to common access points • Proper traffic signal spacing and locations • Use of medians where appropriate; medians should utilize attractive and consistent treatments While access management is important for all roadways within the study area, primary and major collector roadways are critical. Route 11, in particular, will experience significant growth and redevelopment in the coming years. As this takes place, shared and consolidated entrances will be key in protecting the safety and efficiency of the corridor; this is particularly important as existing smaller lots along corridors redevelop. 40 APPENDIX I - AREA PLANS Northeast Land Use Plan DRAFT 8 Roundabouts should continue to be considered as the preference for intersection design, consistent with existing VDOT policy; the use of roundabouts is preferred over signalization of intersections where traffic control is needed. Roundabouts are particularly effective when used in series. The intersection of Old Charlestown Road and Route 11 will be transitioned to a roundabout in the future. Consistent application of Comprehensive Plan goals to achieve an acceptable Level of Service (LOS) on area roads and overall transportation network, LOS C or better, should be promoted. Further, efforts should be made to ensure that additional degradation of the transportation beyond an acceptable LOS should be avoided. Future development within the study area should only occur when an acceptable LOS has been achieved and key elements and connections identified in this plan have been provided. It should also be recognized that State and Federal government, as well as private development, will continue to carry the primary responsibility to fund transportation improvements necessary to ensure the future health of the road networks and maintain an acceptable LOC. Development projects which impact planned future roadways, such as Route 37, are expected to preserve these corridor right-of-ways. WATER AND SEWER The NELUP study area contains 7,500 acres within the Sewer and Water Service Area (SWSA). The SWSA is a growth boundary that designates the limit of where public water and sewer could be extended if infrastructure and capacity is available. In 2020, the County and Frederick Water examined the boundary of the SWSA for the NELUP study area. Through this effort, adjustments were made to the boundary of the SWSA to include all areas identified for future industrial and commercial uses; these areas are expected to connect to public water and sewer. It must be recognized that the capacity of the sewer system in this area is limited. While Frederick Water and the County will continue to plan for adequate water and sewer capacities in conjunction with the identified future land uses, the development community is expected to work with Frederick Water and provide for the infrastructure necessary to facilitate service. NATURAL RESOURCES, HISTORIC RESOURCES AND COMMUNITY FACILITIES The Natural Resources, Historic Resources, and Community Facilities elements discussed below should directly correlate to and expand upon the applicable chapters of the Comprehensive Plan. The Plan identifies Sensitive Natural Areas which encompass historic, agricultural, and environmental areas. NATURAL RESOURCES The County should continue to identify and support the protection of environmentally sensitive areas. Efforts should focus on the creation of greenways and stream buffers around 41 APPENDIX I - AREA PLANS Northeast Land Use Plan DRAFT 9 waterways. Pedestrian facilities should be constructed to facilitate connectivity to other public facilities. Development applications should complete detailed environmental analysis for properties proposed for development which identify significant natural resources. Environmental corridors should be incorporated with all development activities to ensure safe movement and protection of species and future development within the study area should take into account the natural resources located on and around their property. HISTORIC RESOURCES There are several historic structures and sites within the NELUP. Some of these include Kenilworth, the Branson House, Milburn, Byers House, the Milburn Road corridor, and core areas for the Second Battle of Winchester. The NELUP identifies some of these areas with a Sensitive Natural Areas designation; these areas include core battlefields and historic structures. Sensitive Natural Areas along with other historic resources should be buffered from adjacent development activities and preserved in their original condition whenever possible. It should be recognized that the Shenandoah Valley Battlefield Foundation (SVBF) has preserved areas of the Second Battle of Winchester; including portions associated with Stephenson Depot located north and south of McCann’s Road. SVBF has also developed a historic trail network south of Redbud Road; future preservation efforts for historic sites and structures should continue to be supported by the County. Development proposals which would impact historic resources should conduct architectural and archaeological surveys. Surveys should identify and evaluate all resources, and structures over 50 years old, and determine their historic significance and context to the surrounding area. Proposals that have historic resources on the property should incorporate the resources into their development and are encouraged to rehabilitate, restore, and investigate adaptive reuses. Historic roadways such as Milburn Road and McCann’s Road should be buffered; access via these roadways for future development should be prohibited. COMMUNITY FACILITIES The public facility element of the NELUP should directly correlate to and expand upon the Public Facilities chapter of the Comprehensive Plan. The study area contains two existing elementary schools, two existing park sites and one future park site. The Clearbrook Volunteer Fire Station is also within the study area. The importance of public spaces and facilities within the study area needs to be recognized and incorporated into future development. The development community should work with Frederick County Public Schools, Fire & Rescue, and Parks and Recreation to determine future public facility needs. 42 ³n³n ³n ³n ³n City of Winchester StephensonRural CommunityCenter Clear Brook & B rucetownRural CommunityCenter§¨¦81 §¨¦81 §¨¦81 £¤11 £¤50 £¤522 £¤11 £¤11 ¬«7 ¬«7 ¬«7 ¬«37 Copyright:© 2013 National Geographic Society, i-cubed 0 0.5 1 1.50.25 Miles µ ³n Existing Elementary ³n Existing High School Eastern R oad Plan - Draft New Major Arterial Improved Major Arterial New Minor Arterial Improved Minor Arterial New Major Collector Improved Major Co llecto r New Minor Collector Improved Minor Collector Ramp Roundabout Trails Northeast FrederickLand Use PlanStaff Recommendation sFebruary 2023 Area Plan The Comprehensive PlanDraft Urban Develo pm ent Area Fu tu re Rt 37 BypassSewer an d Water Service Area Land Use Le gend Residential Planned Unit Development Business Mixed Use Industrial \ Office Extractive Mining Industrial Recreation Institutional Rural Community Center Business 1,128.29Extractive Mi ni ng 1,514.92Industrial3,626.29Institutional30.40MUIO801.02PUD731.24Recreation87.89Residential209.30Rural Community Center 3,125.97SNA0.00 Draft NELUP Acreages 43 City of Winchester §¨¦81 §¨¦81 §¨¦81 §¨¦81 £¤11 £¤50 £¤11 £¤522 £¤11 £¤11 ¬«7 ¬«7 ¬«7 ¬«7 ¬«37 MORRISONSRDKINGSPANWAY BAKERLNCOLELN SENSENYRD BRICK KILN RD BROOKE RDGREENWOODRDN F R E D ERI CKP I KEAPPLEPIERIDGERDMCGHEERDSTEPHENSON RD JOHNDEERECTYARDMASTERCT WHITEHALLRD JORDAN SPRINGS RDMICHAEL DRBRANSONSPRINGRD MORGANMILLRDHOPEWELL RD S I R J O HNS RD FORTCOLLI ERRDGREEN SPRIN G R D APPLEPIERIDGERDSNOWDEN BRIDGEBLVD BURNTFACTORYRDMILBURNRDLENOIR DRBERRYVILLE PIKEGLENDOBBIN RDWELLTOWNRDBRUCETOWN R D OLDCHARLESTOWNRD WOODBINE RD MARTINSBURG PIKEWARM SPRINGS RDPARKCENTER DRS PLEASANT VALLEY RDTYSON DRFROG HOLLOW RDPAYNE RDWELLTOWNRDWBROOKERDSHADY CREEK RD PINE RD VALL EY M I LL RDWAVERLY RDGUNCLUBRDMARTINSBURGPIKEROCKYFORD RDWOODSMILLRDEDDYS LNFAIR LNCEDARHILLRDREST CHUR C H RDWRIGHT RDHIATT RD GRACECHURCHRD REDBUDRD Copyright:© 2013 National Geographic Society, i-cubed µ Area Plan Facilities ³n Elementary School ³n High School Community Facilities Recreation Water Resources Area Natural Resource & Recreation Areas Sensitive Natural Areas Rural Community C enter Northeast Frederick Land Use Pla nCommunity FacilitiesNatural, Historic, and RecreationalResources PlanWorking Group Draft The Compre hensive PlanDraft00.5 10.2 5 Miles Future Rt 37 BypassUrban Development Area Sewer and Water Service Area 44 City of Winchester StephensonRural CommunityCenter Clear Brook & BrucetownRural CommunityCenter§¨¦81 §¨¦81 §¨¦81 §¨¦81 £¤11 £¤50 £¤11 £¤522 £¤11 £¤11 ¬«7 ¬«7 ¬«7 ¬«7 ¬«37 MORRISONSRDKINGSPANWAY BAKERLNCOLELN SENSENYRD BRICK KILN RD BROOKE RDGREENWOODRDN F R E D ERI CKP I KEAPPLEPIERIDGERDMCGHEERDSTEPHENSON RD JOHNDEERECTYARDMASTERCT WHITEHALLRD JORDAN SPRINGS RDMICHAEL DRBRANSONSPRINGRD MORGANMILLRDHOPEWELL RD S I R J O HNS RD FORTCOLLI ERRDGREEN SPRIN G R D APPLEPIERIDGERDSNOWDEN BRIDGEBLVD BURNTFACTORYRDMILBURNRDLENOIR DRBERRYVILLE PIKEGLENDOBBIN RDWELLTOWNRDBRUCETOWN R D OLDCHARLESTOWNRD WOODBINE RD MARTINSBURG PIKEWARM SPRINGS RDPARKCENTER DRS PLEASANT VALLEY RDTYSON DRFROG HOLLOW RDPAYNE RDWELLTOWNRDWBROOKERDSHADY CREEK RD PINE RD VALL EY M I LL RDWAVERLY RDGUN CLUB RDMARTINSBURGPIKEROCKYFORD RDWOODSMILLRDEDDYS LNFAIR LNCEDARHILLRDREST CHUR C H RDWRIGHT RDHIATT RD GRACECHURCHRD REDBUDRD Copyright:© 2013 National Geographic Society, i-cubed µEastern Road Plan - Draft New Major Arterial Improved Major Arterial New Minor Arterial Improved Minor Arterial New Major Collector Improved Major Collector New Minor Collector Improved Minor Collector Ramp Roundabout Trails The Compre hensive PlanDraft00.5 10.25 Miles Northeast FrederickLand Use PlanTransportation MapWorking Group Draft Area Plan Future Rt 37 BypassSewer an d Water Service AreaUrban Development Area 45 City of Winchester StephensonRural CommunityCenter Clear Brook & BrucetownRural CommunityCenter§¨¦81 §¨¦81 §¨¦81 §¨¦81 £¤11 £¤50 £¤11 £¤522 £¤11 £¤11 ¬«7 ¬«7 ¬«7 ¬«7 ¬«37 MORRISONSRDKINGSPANWAY BAKERLNCOLELN SENSENYRD BRICK KILN RD BROOKE RDGREENWOODRDN F R E D ERI CKP I KEAPPLEPIERIDGERDMCGHEERDSTEPHENSON RD JOHNDEERECTYARDMASTERCT WHITEHALLRD JORDAN SPRINGS RDMICHAEL DRBRANSONSPRINGRD MORGANMILLRDHOPEWELL RD S I R J O HNS RD FORTCOLLI ERRDGREEN SPRIN G R D APPLEPIERIDGERDSNOWDEN BRIDGEBLVD BURNTFACTORYRDMILBURNRDLENOIR DRBERRYVILLE PIKEGLENDOBBIN RDWELLTOWNRDBRUCETOWN R D OLDCHARLESTOWNRD WOODBINE RD MARTINSBURG PIKEWARM SPRINGS RDPARKCENTER DRS PLEASANT VALLEY RDTYSON DRFROG HOLLOW RDPAYNE RDWELLTOWNRDWBROOKERDSHADY CREEK RD PINE RD VALL EY M I LL RDWAVERLY RDGUN CLUB RDMARTINSBURGPIKEROCKYFORD RDWOODSMILLRDEDDYS LNFAIR LNCEDARHILLRDREST CHUR C H RDWRIGHT RDHIATT RD GRACECHURCHRD REDBUDRD Copyright:© 2013 National Geographic Society, i-cubed µProposed Lane Divides 4 Lane Limited Access w/ CD Lanes (if required) 6 Lane Divided 4 Lane Divided Northeast Frederick Land Use PlanTransportation Map - Lane DividesWorking Group Draft Area Plan The Comprehensive P lanDraft00.5 10.25 Miles Urban Development Area Sewer an d Water Service Area 46 SHENANDOAH VALLEY BATTLEFIELDS FOUNDATION P.O. Box 897 ● 9386 Congress St. ● New Market, VA 22844 ● 540.740.4545 ShenandoahAtWar.org ● facebook.com/ShenandoahBattlefields Frederick County Department of Planning & Development 107 N. Kent St. Winchester, VA 22601 Dear Mr. Pearson, As per the Frederick County Department of Planning & Development request for comments and changes by the Shenandoah Valley Battlefields National Historic District to the current NELUP draft for the upcoming Planning Commission meeting, the National Historic Districts request are as follows: • Parcel 43-A-159, change to Sensitive Natural Area land use category. This 2-acre property owned by the Shenandoah Valley Battlefields Foundation and is a part of the Third Winchester Battlefield Park and has been in the process of being restored to its war time appearance with the removal of a mobile home, the construction of historic fence, and the replanting of native hardwood trees to the property. • Parcel 43-A-159A, change to Sensitive Natural Area land use category. This 5-acre property is owned by the Shenandoah Valley Battlefields Foundation and is protected under a conservation easement with the Virginia Department of Historic Resources. This property is also a part of the Third Winchester Battlefield Park and is the location of the James R. Wilkins Winchester Battlefields Visitor Center. • Parcel 44-A-25B, This property is owned by the Shenandoah Valley Battlefields Foundation and a majority of the parcel is under the Sensitive Natural Area land use category in the existing draft, however we are requesting that the southwest corner of the parcel that is separated in the current NELUP draft by the Future Rt 37 Bypass overlay, also be placed under the Sensitive Natural Area land use category like the remainder of the property to the north. • Parcel 44-A-27, This 21.50-acre property is at times referred to as the “Cole Property”, the Shenandoah Valley Battlefields National Historic District is requesting that this property be placed under the Sensitive Natural Area land use category as the parcel is within the National Park Service, American Battlefield Protection Program Study Area for the Third Battle of Winchester. At the time of the war the property was a wood lot and when preserved and restored, would act as a viewshed buffer for the Third Winchester Battlefield Park and the current industrial development to the north. 47 • Parcel 54-A-81G, Change to Sensitive Natural Area land use category. This 10-acre property houses the Civil War era earthen fortification known as Fort Collier and is open to the public and interpreted and managed as a Civil War Battlefield Park, this property is also protected under a conservation easement by the Virginia Outdoors Foundation. • Parcels 45-A-64, 45-A-65, 45-A-66, 45-A-67, 45-A-55, 45-A-55D, 45-A-55C, 45-A-63, 45-A-63A, 45-A-62, 45-A-61, 45-A- 55A, 45-A-55B, 45-A-57, 45-A-56, 45-A-60, 45-A-57A, 45-A-49, 45-A-48, 45-10-1, 45-10-2, 45-10-3, 45-10-4, 34-A-95B, 34-A-95A, 34-A-95C, 34-A-93C, placed under the Sensitive Natural Area land use category. These parcels are not preserved or protected but retain much of their historic and cultural resources. The area made up by these parcels was the location of fighting that took place during the Third Battle of Winchester through the village of Brucetown and along the Opequon Creek at Locke’s Ford and look much as they did at the time of the Battle. • Parcels 45-8-16A, 45-8-28, 45-8-29, 45-A-32, 45-A-31, 45-A-30, 45-A-32A, placed under the Sensitive Natural Area land use category. These parcels are not preserved or protected but retain much of their historic and cultural resources. The area made up by these parcels was the location of fighting that during the Third Battle of Winchester near the hamlet of Leetown and along the Opequon Creek at Seiver’s and Rocky Ford and look much as they did at the time of the Battle. Parcel 45-A-32A, has the 1790s era home called “Cleridge”, also referred to as “Sunnyside Farm”, located on it. The home has been designated as a contributing property to the Third Battle of Winchester Site. “Cleridge” has been placed on the U.S. National Register of Historic Places and the Virginia Landmarks Register. • Parcels 43-A-149, 43-A-147, 44-A-26A, 43-A-151C, 43-A-100, 43-A-99, 43-A-98, 43B-8-22, 43-21-6, 43-21-5, 43-21-4, 43- 21-3, 44-A-5, 44-A-42, 44-A-12, 44-A-24, 43-A-146, 43-21-9B, placed under the Sensitive Natural Area land use category. These parcels are not preserved or protected but retain much of their historic and cultural resources as they have not been developed. The area made up by these parcels are all with in the National Park Service American Battlefield Protection Programs Core Battlefield Area for the Battle of Rutherford’s Farm. Many of the parcels listed are also with in a Potential National Register Boundary. Sincerely, Jack Owens 48 £¤11§¨¦81 ¬«37 Winchester SNOWDEN BRIDGE BLVD OLD CHARLESTOWN RD LENOIR DRMCGHEE RD WELLTOWN RDBROOKE RDMILTON RAY DRMCCANNS RDMARTINSBURGPIKETYSON DRW BROOKE RDREDBUD RDSVBF Request to Change Land Use Parcels Future Rt 37 Bypass Map Produced by Frederick County Planning and Development Dept.February 7, 2023 0 0.4 0.80.2 Miles SVBF Requests to Change to Sensitive Natura l Area s Part 1 I 49 CLARKECOUNTYVIRGINIAWELCOMEHOME LNWHIFFLETREELNMACABOYLNWRIGHTDR WOODDR DOGWOODLN COUNTRYLNROPERDRWALNUTDRGUNCLUB RDS IS T E R C H IP M U N K L N SOJOURNERLNMONASTERYRIDGE RD GRASSHOPPERLNSIRJOHNS RDPEACH GROVE LN BACKWOODSLN HOMESTEADPL L A D YHAWK L N JOBESMILL LN SABER LN OPEQUONWOODS CIR D EVILS B A C K B O N E O L O O K FRASHER DRBRUCETOWN RD OLD CHARLES TOWN RD SH A D Y C REEK RD ROCKY FORD RDSLATE LNSVBF Request to Change Land Use Parcels Map Produced by Frederick County Planning and Development Dept.February 7, 2023 0 0.35 0.70.175 Miles S V B F R e q u e s t s t o C h a n g e t o S e n s i t i v e N a t u r a l A r e a s P a r t 2 I 50 APPENDIX I - AREA PLANS Northeast Land Use Plan 1 NORTHEAST FREDERICK LAND USE PLAN (NELUP) - INCLUDING TEXT APPROVED WITH THE FOLLOWING AMENDMENTS: • MCCANN-SLAUGHTER AMENDMENT Approved by the Board of Supervisors on August 13, 2014 • BLAIN AMENDMENT Approved by the Board of Supervisors on February 25, 2015 51 APPENDIX I - AREA PLANS Northeast Land Use Plan 2 The Northeast Frederick Land Use Plan, NELUP, was approved by the Board of Supervisors on July 14th, 2011. At that time, the series of four maps detailing the Plan were approved. Text describing the Plan was not included. Subsequently, the two amendments to this plan noted above have included a text component. The text component of the plan follows. 52 APPENDIX I - AREA PLANS Northeast Land Use Plan 3 MCCANN-SLAUGHTER AMENDMENT (BOS APPROVED AUGUST 13, 2014) The Comprehensive Plans and Programs Committee (CPPC), at their April 14, 2014 meeting, recommended that the following amendment be incorporated into the Northeast Land Use Plan: The CPPC proposed the following balanced approach as an amendment to the Northeast Land Use Plan for the McCann-Slaughter properties located near the intersection of Martinsburg Pike (Route 11) and Old Charlestown Road (Route 761). This location has historically been identified as a Sensitive Natural Area (SNA) due to the environmental and historical features on and around the site, most notably Stephenson’s Depot. • Protection of the environmental features of the site. • Preservation of those areas identified with NSA’s and development limited to those areas to the south of the NSA’s and south of McCann’s Road. • Utilizing McCann’s Road and other historical features, such as Milburn Road, as features to be protected and potentially used in a manner that promotes their historical context (an extension of the historical trail system in the area). • An O.M. (Mixed Use Office/Industrial) land use designation. • Access to be provided via a new north south road that would generally be adjacent to the border of the Sensitive Natural Area (SNA) providing access from Old Charles Town Road to McCann’s Lane and the southern portion of the property. Ultimately, Route 37 would divide the southern portion of the property. No access would be permitted to McCann’s Lane for vehicular access to Martinsburg Pike or Milburn Road. Subsequently, the proposal was further evaluated to determine if other elements could be incorporated into the proposed amendment that would further ensure the environmental, historical, and development resources were protected, promoted, and sensitively integrated together in this balanced amendment to the Northeast Land Use Plan. To that end, the following items should be addressed with the future development of this area. • A buffer adjacent to McCann’s Lane that is approximately 50’ in width (from the centerline). Contained within this area; native landscape plantings and preservation of the existing hedgerows aimed at preserving this resource and its character, interpreting the historical landscape, and buffering the future development. • A transitional buffer between the existing floodplain and future land uses that promotes environmental best management practices and buffers the historical SNA from the future land uses (landscaping, building height transitions, view sheds). This buffer may include areas of the identified environmental resources. • The ability to include a small area of neighborhood commercial land use in support of the proposed OM land use. This would be located in the northern portion of the OM land use adjacent to the future road. • An interpretive trail head/parking area in the northern portion of this area adjacent 53 APPENDIX I - AREA PLANS Northeast Land Use Plan 4 to the proposed road could be incorporated into the design of the project, potentially in conjunction with a small area of neighborhood commercial. The interpretation may be reflective of the environmental and historical resources of the site and area. • The CPPC recommended the OM land use designation extends to the center of the stream. (A subsequent evaluation of this indicated it would be more appropriate to have the edge of the ultimate floodplain be the common boundary as a floodplain is, by definition in the 2030 Comprehensive Plan, an identified Sensitive Natural Area). • The location and design of the road should be sensitive to the environmental and historical resources and should have minimal impact. • Historical signage consistent with currently used signage should be provided. • Historically relevant features, such as split rail fences, should be considered as a feature of the future development. But care should be taken to ensure the character of the resource isn’t changed. • Appropriate traffic controls should be provided on McCann’s Lane to ensure that it is used only for pedestrian and bicycle users. In general, balance was maintained as the overarching theme of the discussion of the CPPC, and subsequently, the discussion of the ad-hoc CPPC/HRAB group. 54 APPENDIX I - AREA PLANS Northeast Land Use Plan 5 BLAIN PROPERTIES AMENDMENT (BOS APPROVED FEBRUARY 25, 2015) Approved language: The area of land use northwest of Exit 321, Interstate 81, Hopewell Road, and south of Cedar Hill Road is commercial and industrial in character. In general, the north–south major collector road that has been identified and is necessary to support this area of land use serves as a boundary between the commercial and industrial land uses. Flexibility should be offered in the final balance and location of land uses. Future applications for rezoning in this area shall adequately address any potential impacts to public facilities, in particular transportation, and shall implement any necessary transportation improvements. 55 [j ³n³n ³n ³n ³n City of Winchester StephensonRural CommunityCenter Clear Brook & BrucetownRural CommunityCenter§¨¦81 §¨¦81 §¨¦81 £¤11 £¤50 £¤522 £¤11 £¤11 ¬«7 ¬«7 ¬«7 ¬«37 Copyright:© 2013 National Geographic Society, i-cubed 0 0.5 1 1.50.25 Miles µ ³n Existing Elementary ³n Existing High School [j Existing Park Eastern Road Plan New Major Arterial Improved Major Arterial New Minor Arterial Improved Minor Arterial New Major Collector Improved Major Collector New Minor Collector Improved Minor Collector Ramp Roundabout Trails Northeast FrederickLand Use Plan Area Plan The Comprehensive PlanAdopted November 10, 2021 Urban Development Area Future Rt 37 BypassSewer and Water Service Area Land Use Legend Residential Planned Unit Development Urban Center Business B2 / B3 Heavy Industrial Mixed Use Industrial \ Office Extractive Mining wwwwwwwwwwwwwwwwwwww Warehouse Industrial Natural Resources & Recreation Fire & Rescue Institutional School Rural Community Center Sensitive Natural Areas Park Interstate Buffer High-Density Residential, 12-16 u/a Residential, 4 u/a Mixed-Use 56 City of Winchester StephensonRural CommunityCenter Clear Brook & BrucetownRural CommunityCenter§¨¦81 §¨¦81 §¨¦81 £¤11 £¤50 £¤522 £¤11 £¤11 ¬«7 ¬«7 ¬«7 ¬«37 Copyright:© 2013 National Geographic Society, i-cubed µ Area Plan Facilities ³n Elementary School ³n High School [j Park Community Facilities Elementary School Middle School High School Fire & Rescue Station Park Future Park Water Resources Area Natural Resource & Recreation Areas Sensitive Natural Areas Rural Community Center Northeast Frederick Land Use PlanCommunity FacilitiesNatural and RecreationalResources Plan The Comprehensive PlanAdopted November 10, 202100.5 10.25 Miles Future Rt 37 BypassUrban Development Area Sewer and Water Service Area 57 City of Winchester StephensonRural CommunityCenter Clear Brook & BrucetownRural CommunityCenter§¨¦81 §¨¦81 §¨¦81 £¤11 £¤50 £¤522 £¤11 £¤11 ¬«7 ¬«7 ¬«7 ¬«37 Copyright:© 2013 National Geographic Society, i-cubed µEastern Road Plan New Major Arterial Improved Major Arterial New Minor Arterial Improved Minor Arterial New Major Collector Improved Major Collector New Minor Collector Improved Minor Collector Ramp Roundabout Trails The Comprehensive PlanAdopted November 10, 202100.5 10.25 Miles Northeast FrederickLand Use PlanTransportation Map Area Plan Future Rt 37 BypassSewer and Water Service AreaUrban Development Area 58 City of Winchester StephensonRural CommunityCenter Clear Brook & BrucetownRural CommunityCenter§¨¦81 §¨¦81 §¨¦81 £¤11 £¤50 £¤522 £¤11 £¤11 ¬«7 ¬«7 ¬«7 ¬«37 Copyright:© 2013 National Geographic Society, i-cubed µProposed Lane Divides 4 Lane Limited Access w/ CD Lanes (if required) 6 Lane Divided 4 Lane Divided Northeast Frederick Land Use PlanTransportation Map - Lane Divides Area Plan The Comprehensive PlanAdopted November 10, 202100.5 10.25 Miles Urban Development Area Sewer and Water Service Area 59