PC 07-03-24 Meeting Agenda1.Call to Order
2.Pledge of Allegiance
3.Adoption of Agenda – Pursuant to established procedures, the Planning Commission
should adopt the Agenda for the meeting.
4.Meeting Minutes
4.A.May 15, 2024 Meeting Minutes
5.Committee Reports
6.Citizen Comments
7.Public Hearings
7.A.Conditional Use Permit #03-24 for 172 Fire House, LLC and Barbara
Singhas - (Mrs. Peloquin)
Submitted for a landscape contracting business. The property is located at 171 Old
Firehouse Lane, Winchester, Virginia and is identified by Property Identification Number
52-A-287B in the Back Creek Magisterial District.
8.Action Item
8.A.Rezoning #05-24 for Silver Lake, LLC (Round Hill Crossing) - (Mr. Bishop)
Submitted a request for a minor amendment to the approved proffer statement
associated with Rezoning application #01-09 (Silver Lake) to provide for a monetary
contribution to Frederick County in lieu of the design and construction of Phase 1 and
Phase 2 improvements to the U.S. Route 50 and Virginia Route 37 interchange. This
AGENDA
PLANNING COMMISSION
WEDNESDAY, JULY 3, 2024
7:00 PM
THE BOARD ROOM
FREDERICK COUNTY ADMINISTRATION BUILDING
WINCHESTER, VIRGINIA
PC07-03-24MinutesMay15.pdf
PC07-03-24CUP03-24_Redacted.pdf
1
amendment has been coordinated with the County and VDOT staff in support of the
County's SmartScale application for interchange upgrades at the Route 37/US 50
interchange.
9.Public Meeting Item
9.A.Subdivision Waiver #03-24 for Darien, LLC - (Mr. Cheran)
10.Other
10.A.Current Planning Applications
11.Adjourn
PC07-03-24REZ05-24_Redacted.pdf
PC07-03-24SubdivisionWavier03-24_Redacted.pdf
2
Planning Commission
Agenda Item Detail
Meeting Date: July 3, 2024
Agenda Section: Meeting Minutes
Title: May 15, 2024 Meeting Minutes
Attachments:
PC07-03-24MinutesMay15.pdf
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Frederick County Planning Commission Page 4121
Minutes of May 15, 2024
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 May 15, 2024.
PRESENT: Tim Stowe, Chairman/Red Bud District; Roger L. Thomas, Vice Chairman/Shawnee District;
Elizabeth D. Kozel, Shawnee District; Robert S. Molden, Opequon District; Kevin Sneddon, Opequon
District; Justin Kerns, Stonewall District; Charles S. DeHaven III, Stonewall District; Betsy Brumback,
Back Creek District; Jeff McKay, Back Creek District; Charles Markert, Red Bud District; ; Mollie
Brannon, Member at Large; Roderick B. Williams, County Attorney.
ABSENT: Charles E. Triplett, Gainesboro District; Jason Aikens, Gainesboro District.
STAFF PRESENT: Wyatt G. Pearson, Director; John A. Bishop, Assistant Director; M. Tyler Klein,
Senior Planner; Kayla Peloquin, Planner I; Shannon L. Conner, Administrative Guaranty Coordinator.
CALL TO ORDER
Chairman Stowe called the May 15, 2024 meeting of the Frederick County Planning
Commission to order at 7:00 p.m.
PLEDGE OF ALLEGIANCE
ADOPTION OF AGENDA
Upon a motion made by Commissioner Thomas and seconded by Commissioner McKay,
the Planning Commission unanimously adopted the agenda for this evening’s meeting.
MINUTES
Upon motion made by Commissioner Thomas and seconded by Commissioner Kozel, the
Planning Commission unanimously adopted the minutes from the March 6, 2024 and March 20, 2024
meetings.
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Frederick County Planning Commission Page 4122
Minutes of May 15, 2024
COMMITTEES
City of Winchester – Mtg. 5/14/24
Commissioner Burnett, Winchester City Planning Commission Liaison, reported a work
session was held for discussion on Green Space and the Corridor Enhancement.
Board of Supervisors – Mtgs. 04/24/24 and 05/08/24
Supervisor Liero, Board of Supervisor Liaison, reported the Board approved the following:
two ordinance amendments; two Agricultural and Forestal District changes. CPPA for Jordan Springs was
denied. A subdivision waiver appeal was denied also.
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CITIZEN COMMENTS
Chairman Stowe 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 Stowe closed the public comments portion of the meeting.
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PUBLIC HEARINGS
Rezoning #04-24 for CStore Town Run, LLC (Stickley Farm, LC)
Action – Recommend Approval
M. Tyler Klein, Senior Planner, reported this is a request to rezone approximately 8.29+/-
acres from RA (Rural Areas) Zoning District to the B2 (General Business) Zoning District and the IA
(Interstate Area) Overlay District with proffers to allow for a convenience store with fueling stations
(Wawa). He shared a zoning map of the area. The property is east of Interstate 81, west of Town Run Lane
(Route 1012), and south of Fairfax Pike (Route 277), in Stephens City and is identified by Property
Identification Number 85-A-143 in the Opequon Magisterial District. He continued, the proposed rezoning
does not implement uses typically associated with a rural land use designation and may have a potentially
negative impact on identified environmentally sensitive areas in the County’s Comprehensive Plan.
However, the rezoning to the B2 Zoning District and IA Overlay District may otherwise be appropriate
given the location of the subject properties at the interstate interchange (Exit 307) and proximity to the
Town of Stephens City and the Route 277 commercial corridor.
Mr. Klein reported, the rezoning proposal also seeks an IA (Interstate Area) Overlay
District designation for the 8.29+/- acres subject property that adjoins Interstate 81. The IA Overlay District
(§165-704) is intended to: Provide commercial businesses within an identified area the ability to utilize
business signs that are in excess of the limits specified in the Sign Ordinance. This flexibility is provided
to inform the traveling public of business service opportunities at specific interstate interchange areas. He
5
Frederick County Planning Commission Page 4123
Minutes of May 15, 2024
continued, the IA Overlay District regulations permit additional signage for establishments and allows the
sign to exceed maximum height and size (square footage) allowances permitted elsewhere in the ordinance.
Staff would note that without use of IA Overlay District, the maximum sign height and size is determined
by the frontage roadway classification. If the rezoning were to be approved the property would be allowed
two signs. He shared a comparison table of permitted maximum sign size and height. The proffer statement
dated April 17, 2024 proposes the following: Conformance with the included GDP; Restriction on allowed
uses to only a convenience store and service station; Transportation improvements including two full
movement entrances from Town Run Lane, and adjustments to signal splits at the Route 277, Aylor Road,
and Stickley Drive intersection. The proffer statement, as proposed, appears to mitigate potential impacts
of the proposed development, including those impacts to the transportation network identified in the Traffic
Impact Analysis. Mr. Klein concluded, the proposal does not implement uses typically associated with
rural land use designation; however, it could be appropriate given proximity to the interstate, Route 277
corridor and the Town of Stephens City if plan policies for Exit 307 are further incorporated.
The primary discussion of the Planning Commission Members was traffic and circulation
in the vicinity of subject property and the recommendation from the Traffic Impact Analysis. Several
Commissioners expressed concern with the potential for increased vehicle traffic further diminishing the
level of service along Route 277, and circulation from and around the interchange with Interstate 81.
Chairman Stowe called for anyone who wished to speak regarding this Public Hearing to
come forward at this time. Two citizens spoke in opposition of the proposed rezoning, citing traffic
concerns. No one else came forward to speak and Chairman Stowe closed the public comment portion of
the hearing.
Upon a motion made by Commissioner Molden and seconded by Commissioner Thomas
to include the addition of improvements to pedestrian access and more signage to Stickley Drive
BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval
of Rezoning #04-24 for CStore Town Run, LLC (Stickley Farm, LC).
(Note: Commissioner Triplett and Commissioner Aikens were absent from the meeting)
Waiver #02-24 for O-N Minerals (Chemstone) Company dba Carmeuse Lime & Stone
Action – Recommend Approval
Chairman Stowe would abstain from all discussion on these items for a possible conflict
of interest.
Kayla Peloquin, Planner I, reported this is a request for a waiver of the structure height
limitation for the EM (Extractive Manufacturing) Zoning District of 45’ as specified in §165-608.06. The
waiver request includes a proposed silo of 72’, a proposed conveyor height to feed the silo of 85’, a proposed
bucket elevator height of 87’, and a proposed screen tower height of 90’. The height waiver for 90’ provides
a maximum for all proposed equipment.
The Planning Commission asked about the height of existing equipment at this quarry and
Staff noted there is existing equipment at 90’ in height. The Commissioners thought that restricting the
height to a specific figure for each piece of equipment would be too burdensome and Staff noted that this
information was included as it was proposed by the applicant and the waiver would be considered to limit
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Frederick County Planning Commission Page 4124
Minutes of May 15, 2024
the maximum height overall to 90’. Logan Thompson representing Carmeuse shared a brief presentation
along with photos of the area and the equipment involved in this waiver.
Chairman Stowe called for anyone who wished to speak regarding this Public Hearing
to come forward at this time. One citizen spoke in favor of this application and noted the business is a good
neighbor and business. No one else came forward to speak and Chairman Stowe closed the public comment
portion of the hearing.
Upon a motion made by Commissioner McKay and seconded by Commissioner Brumback
BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend approval
of Waiver #02-24 for O-N Minerals (Chemstone) Company dba Carmeuse Lime & Stone.
(Note: Commissioner Triplett and Commissioner Aikens were absent from the meeting)
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ADJOURNMENT
No further business remained to be discussed and a motion was made by Commissioner
Thomas to adjourn the meeting. This motion was seconded by Commissioner Markert and unanimously
passed. The meeting was adjourned at 8:25 p.m.
Respectfully submitted,
____________________________
Tim Stowe, Chairman
___________________________
Wyatt G. Pearson, Secretary
7
Planning Commission
Agenda Item Detail
Meeting Date: July 3, 2024
Agenda Section: Public Hearings
Title: Conditional Use Permit #03-24 for 172 Fire House, LLC and Barbara Singhas -
(Mrs. Peloquin)
Attachments:
PC07-03-24CUP03-24_Redacted.pdf
8
CONDITIONAL USE PERMIT #03-24
172 Fire House LLC and Barbara Singhas (Robert Sproul POA)
Landscape Contracting Business
Staff Report for the Planning Commission
Prepared: June 17, 2024
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: 07/03/24 Pending
Board of Supervisors: 08/14/24 Pending
EXECUTIVE SUMMARY:
This is a request for a Conditional Use Permit (CUP) for a landscape contracting business located
at 171 Old Firehouse Lane, Winchester in the Back Creek Magisterial District.
Should the Planning Commission find the use to be appropriate, Staff would suggest the following
conditions be attached to the CUP:
1.All review agency comments and requirements shall be complied with at all times.
2.Hours of operation for the site shall be limited to 6:00 AM to 6:00 PM daily. Customer
visits shall be limited to 8:00 AM to 5:00 PM daily.
3.No more than 30 employee vehicles on the property at any one time.
4.A site plan shall be approved by Frederick County, and the improvements shown on the
site plan shall be completed prior to the establishment of this use.
5.Any expansion or change of use shall require a new Conditional Use Permit.
Following the 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 #03-24 172 Fire House LLC & Barbara Singhas
June 17, 2024
LOCATION: This property is located at 171 Old Firehouse Lane, Winchester, Virginia.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 52-A-287B
PROPERTY ZONING & PRESENT USE: Zoning: RA (Rural Areas)
Land Use: Landscape Contracting Business
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RA (Rural Areas) Use: Private school & residential
South: RA (Rural Areas) Use: Special event facility
East: RA (Rural Areas) Use: Agriculture/vacant
West: RA (Rural Areas) Use: Special event facility
PROPOSED USE: This is a request for a Conditional Use Permit for a landscape contracting
business on a +/- 5.00-acre property.
REVIEW EVALUATIONS:
Frederick-Winchester Health Department: Please see attached letter from Jim Davis, REHS,
AOSE Environmental Health Manager, dated July 20, 2023.
Virginia Department of Transportation: Please see attached email from Tim Rhodes, Land
Development Engineer/Edinburg VDOT, dated August 4, 2023.
Frederick County Fire Marshal: Approved with conditions – see attached form from Adam
Hounshell, Lieutenant/Assistant Fire Marshal, dated August 12, 2023.
Frederick County Inspections: Please see attached letter from Mark Fleet, Building Official,
dated July 19, 2023.
Historic Resource Advisory Board: Please see attached letter from Amy Feltner, Planner, dated
May 20, 2024.
Planning and Zoning:
Current Operations: The applicant operates a landscape contracting business with roughly 30
employees that meet at the site each morning. Hours of operation are 6:00 AM to 6:00 PM with
potential variation seasonally and due to inclement weather. Many employees carpool, which
reduces the number of trips and vehicles parked on the property. The applicants state that the site
can comfortably accommodate 30 vehicles. There is a detached garage/shop on the property with
a bathroom for employees. No customers visit the site. Currently, the house is not being used as a
residence or an office. Numerous trucks and various other landscaping equipment are stored on
the property along with flowers and plants, mulch, stone, and other materials.
10
Page 3
CUP #03-24 172 Fire House LLC & Barbara Singhas
June 17, 2024
Future Expansion: The applicant plans to utilize the existing residence, which is currently vacant,
as an office space for 2 full-time administrative staff members and 5 employees that will use the
office infrequently. The applicant proposes a maximum of 75-100 employees who would meet at
the site during peak season, typically March through October. Carpooling would continue to
be encouraged; therefore, no parking expansions are proposed. The applicant proposes customers
visit the site between 8:00 AM and 5:00 PM by appointment only. An additional 40’x 60’
building would be added for storage. There are no plans to use the property as a retail location.
A site plan would be required should the CUP be approved, to show parking areas, surface
material for outdoor storage, and address screening requirements. The site plan could be phased
out, such that if the applicants open the site to customers in the future, the second phase would
require elements such as an ADA accessible route from a parking area to the office.
Comprehensive Plan Conformance:
The Comprehensive Plan provides guidance when considering any land use action. The
property is located outside of the Sewer and Water Service Area (SWSA) and the Urban
Development Area (UDA). The long-range land use of the property is designated to remain
rural in nature. The property is located within the Round Hill Rural Community Center as
identified in the Round Hill Land Use Plan, which mainly discusses residential development
patterns. One goal in the Rural Areas section of the Comprehensive Plan is to support the
growth of the county’s rural communities by encouraging appropriate mixes of residential,
commercial, and business uses within the Rural Community Centers (pg. 15). The proposed
landscaping contracting business is in general conformance with the Comprehensive Plan.
Zoning Ordinance Requirements:
The Zoning Ordinance does not include additional regulations for a landscape contracting business
and the use is not defined. §165-201.10 on Outdoor Storage and Processing requires that “outdoor
storage or processing shall be completely screened from the view of road and street right-of-way
and from surrounding properties by a six-foot-tall opaque fence, wall, berm or evergreen screen.”
Furthermore, “outdoor storage surface areas shall consist of asphalt, concrete, stone, gravel or any
other impervious surface approved by the Zoning Administrator.” These requirements must
be shown on the site plan for the property.
A landscape contracting business is allowed in the RA (Rural Areas) Zoning District with
an approved CUP.
Following the public hearing, it would be appropriate for the Planning Commission to offer a
recommendation concerning this application to the Board of Supervisors.
11
52 A 287B
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Planning Commission
Agenda Item Detail
Meeting Date: July 3, 2024
Agenda Section: Action Item
Title: Rezoning #05-24 for Silver Lake, LLC (Round Hill Crossing) - (Mr. Bishop)
Attachments:
PC07-03-24REZ05-24_Redacted.pdf
39
REZONING APPLICATION #05-24
SILVER LAKE, LLC (ROUND HILL CROSSING)
Staff Report for the Planning Commission
Prepared: June 26, 2024
Staff Contacts: John A. Bishop, AICP, Assistant Planning Director
Reviewed Action
Planning Commission 07/03/24 Pending
Board of Supervisors: 07/10/24 Pending
EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 07/03/24 PLANNING
COMMISSION MEETING:
This is a request for a minor amendment to the approved proffer statement associated with rezoning (REZ)
application #01-09 (Silver Lake) to provide for a monetary contribution to Frederick County in lieu of the
design and construction of Phase 1 and Phase 2 improvements to the U.S. Route 50 and Virginia Route 37
interchange. This amendment has been coordinated with County and VDOT staff in support of the
County’s SmartScale application for interchange upgrades at the Route 37/US 50 Interchange.
Following a public hearing, a recommendation from the Planning Commission regarding this
rezoning application to the Board of Supervisors would be appropriate. The Applicant should be
prepared to adequately address all concerns raised by the Planning Commission.
40
Rezoning #05-24 Silver Lake, LLC (Round Hill Crossing)
June 26, 2024
Page 2
This report has been 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 application. It may also be useful to others interested in this zoning matter. Unresolved
issues concerning this application are noted by staff where relevant throughout this staff report.
PROPOSAL: This is a request to update proffers from Rezoning #01-09 (Silver Lake) to provide the
ability to give cash proffers in place of specific physical improvements to the Route 37/US 50 interchange.
LOCATION: The subject properties are generally located Route 50 West on the corner of Lutheran
Boulevard and Northwestern Pike (Route 50).
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBERS: 52-A-C, 52-A-50, 52-A-50A, 52-A-52 and 52-A-63
PROPERTY ZONING: MS (Medical Services) District and B2 (General Business) District
PRESENT USE: Vacant and Continuing Care Retirement Community
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RA (Rural Areas) Use: Agricultural/Vacant
South: RA (Rural Areas) Use: Residential/Vacant/Church
East: B2/RA (General Business & Rural Areas) Use: Vacant/Agricultural
West: B2/RA (General Business & Rural Areas) Use: Residential/Commercial
REVIEW EVALUATIONS:
Planning & Zoning:
1) Site History
The property was included in the 2006 update to the Round Hill Land Use Plan which expanded the
Sewer and Water Service Area to include these and other properties and provided for an improved land
use plan for the Round Hill Community. This was approved by the Board of Supervisors in November
2007. The property was rezoned to a mix of B2 and MS Zoning Districts with Rezoning #01-09.
2) Comprehensive Plan
Land Use Compatibility
The Comprehensive Plan is an official public document that serves as the community's guide for
making decisions regarding development, preservation, public facilities, and other key components of
community life. The Plan is developed with the input of the public and adopted by the Board of
Supervisors (last updated in November 2021). The Plan is a vital tool that provides direction for future
growth, aimed at ensuring orderly, well-planned development to promote, preserve and protect the
health, safety, general welfare, and quality of life for the citizens and businesses of Frederick County.
The Area Plans in Appendix I of the Comprehensive Plan are the primary implementation tools and are
41
Rezoning #05-24 Silver Lake, LLC (Round Hill Crossing)
June 26, 2024
Page 3
instrumental to the future planning efforts of the County.
The Plan and Round Hill Area Plan (approved 2007) identifies the subject property with a “business”
land use designation, reflective of the current zoning (B2) and as being within the limits of the Sewer
and Water Service Area (SWSA) and outside of the Urban Development Area (UDA).
3) Site Access and Transportation
No changes are being made to the proposed site access. The update to the transportation proffers is to
allow cash proffers instead of physical improvements in support of a funding application for upgrades
to the interchange at Route 37 and US 50.
4) Potential Impacts & Proffers
No new impacts are projected at this time, as this is a modification of an existing proffer package.
Other Review Agency Comments:
Review Agency Comment Issuance Date Status
Virginia Department of
Transportation (VDOT)
May 9, 2024 addressed
Following a public hearing, a recommendation from the Planning Commission regarding this
rezoning application to the Board of Supervisors would be appropriate. The Applicant should be
prepared to adequately address all concerns raised by the Planning Commission.
42
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699POORHOUSE RD
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365ROCKHARBOR DR
219ROUNDHILL RD
219ROUND HILL RD 183ROUNDHILL RD190WOODCHUCK LN
106STONEWALL DR108STONEWALL DR
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551ROUNDHILL RD 457ROUND HILL RD 405ROUNDHILL RD
395ROUNDHILL RD
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729ROUNDHILL RD 120WOODCHUCK LN126WOODCHUCK LN 635ROUNDHILL RD
615ROUNDHILL RD 571ROUNDHILL RD
532ROUNDHILL RD 492ROUNDHILL RD
488ROUNDHILL RD 478ROUNDHILL RD
440ROUNDHILL RD 422ROUNDHILL RD
402ROUNDHILL RD
386ROUND HILL RD
344ROUNDHILL RD
368ROUNDHILL RD
324ROUNDHILL RD 2275NORTHWESTERN PIKE2275NORTHWESTERNPIKE
658ROUNDHILL RD 622ROUND HILL RD
170MOUNTVISTA DR572ROUNDHILL RD
121PINGLEY LN
704ROUNDHILL RD
2581NORTHWESTERNPIKE 2539NORTHWESTERNPIKE
2178NORTHWESTERNPIKE
110CROCK WELLSMILL 150CROCK WELLS MILL
696ROUND HILL RD
2691NORTHWESTERN PIKE
163PINGLEY LN
179MOUNTVISTA DR172MOUNTVISTA DR
188MOUNTVISTA DR
2541NORTHWESTERNPIKE
501WALMART DR160POORHOUSE RD
2693NORTHWESTERNPIKE
2633NORTHWESTERN PIKE
185PINGLEY LN 2587NORTHWESTERN PIKE
2478NORTHWESTERNPIKE 2454NORTHWESTERNPIKE
2765NORTHWESTERNPIKE
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2578NORTHWESTERNPIKE 141WALMART DR
2680NORTHWESTERN PIKE
2106NORTHWESTERNPIKE2774NORTHWESTERNPIKE
2754NORTHWESTERN PIKE
2740NORTHWESTERNPIKE2726NORTHWESTERNPIKE 2696NORTHWESTERN PIKE
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302POORHOUSE RD
350POORHOUSE RD
315POORHOUSE RD
373POORHOUSE RD
393POORHOUSE RD
345POORHOUSE RD 425POORHOUSE RD413POORHOUSE RD
445POORHOUSE RD
479POORHOUSE RD
492POORHOUSE RD
227SKYVIEW LN
227SKYVIEW LN 509POORHOUSE RD
956POORHOUSE RD
516POORHOUSE RD
661POORHOUSE RD
675POORHOUSE RD
699POORHOUSE RD
435INDIANHOLLOW RD
731POORHOUSE RD
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$1,000.00$1,000.00
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PROFFER STATEMENT AMENDMENT
REZONING #01--09
SILVER LAKE, LLC
DATE: _____, 2024
REZONING: REZ# _____ - 24.
PROPERTY: Tax Parcel 52-A-C; 52-A-50; 52-A50A; 52-A52; 52-A-63 Acres (hereafter the
“Property”)
MAGISTERIAL
DISTRICT: Gainesboro Magisterial District
RECORD OWNER: Silver Lake, LLC
APPLICANT: Silver Lake, LLC
PROJECT NAME: Round Hill Community Center & The Village at Orchard Ridge a National
Lutheran Home Community
ORIGINAL DATE
OF PROFFERS: Rezoning #01-09 – MARCH 20, 2009
The original Proffer #01-09, Section Transportation Enhancements, Item #2, Paragraph h and i and Item
#3, Paragraph g, h, and i, related to improvements at U.S. Route 50/VA Route 37 interchange are
amended as follows:
D. Transportation Enhancements.
2. Phase 1 - Transportation Program
h. The Applicant shall be responsible for the construction of improvements to
southbound off ramp at the Route 37 interchange with Northwestern Pike to
provide for a free flow right turn lane onto Northwestern Pike. Prior to the
approval of any Site Plan that exceeds 180,000 square feet of commercial land use
or equivalent trip generations, as described in Section D (2)(a) of the proffer
statement on the B2 portion of the Property, the requirements of paragraph i
below shall be completed.
i. The Applicant agrees to provide a monetary contribution in lieu of the improvement
described in Section 2(h). This monetary contribution shall be equivalent to the amount
associated with the improvement described in that section based upon an engineering
estimate agreed upon by VDOT, Frederick County and the Applicant. The Applicant
agrees to provide this monetary contribution to Frederick County prior to approval of a
50
Site Plan that exceeds 180,000 square feet of commercial land use or equivalent trip
generations as described in Section D(2)(a) of the proffer statement on the B2 portion of
the Property, or within 30 days of written request by the County made after 1 January
2030 and further agrees to allow for this monetary contribution, which satisfies the
Applicant’s responsibility for the Section 2(h) improvements, to be utilized as matching
funds by Frederick County for qualifying transportation improvements programs or
grants.
3. Phase 2 - Transportation Program
g. The Applicant shall be responsible for the design and construction, of
improvements to the northbound off ramp at Route 37 interchange with
Northwestern Pike to provide for a second right turn. Prior to the approval of any
Site Plan that exceeds 350,000 square feet of commercial land use and 105,000
square feet of office land use or equivalent trip generation as described in Section
D(3)(a) of the proffer statement on the B2 portion of the Property, the requirements
of paragraph i below shall be complete.
h. The Applicant shall be responsible for the design and construction, of
improvements at the Route 37 interchange with Northwestern Pike to provide for a
third westbound thru lane on Northwestern Pike under the Route 37 bridge
structure continuing east to the transition for Route 37 northbound on-ramp, to
include the relocation of the existing Route 37 northbound on-ramp. Prior to the
approval of any Site Plan that exceeds 350,000 square feet of commercial land use
and 105,000 square feet of office land use or equivalent trip generation as
described in Section D(3)(a) of the proffer statement on the B2 portion of the
Property, the requirements of paragraph i below shall be completed.
i. The Applicant agrees to provide a monetary contribution in lieu of the improvements
described in Section 3(g) and 3(h). This monetary contribution shall be equivalent to the
amount associated with the improvements described in those sections based on an
engineering estimate agreed upon by VDOT, Frederick County and the Applicant. The
Applicant agrees to provide the monetary contribution to Frederick County prior to
approval of a site plan that exceeds 350,000 square feet of commercial land use and
105,000 square feet of office land use or equivalent trip generation as described in
Section D(3)(a) of the proffer statement on the B2 portion of the Property. And further
agrees to allow for this monetary contribution, which satisfies the Applicant’s
responsibility for the Section 3(h) and 3(i) improvements, to be utilized as matching
funds by Frederick County for qualifying transportation improvements programs or
grants. The applicant recognizes that the County is seeking funding for improvements to
the Route 37 interchange with Northwestern Pike that differ from those described in 3(g)
and 3(h), as recommended by a recent VDOT study. Monetary contributions offered here
may be used to support future improvements to the Route 37 interchange with
Northwestern Pike as identified by Frederick County.”
All other previously approved Proffers associated with Rezoning #01-09 remain in effect. Other than
with respect to monetary contributions to satisfy the applicant’s responsibilities for design and
construction
51
of improvements to the U. S. Route 50 and VA Route 37 interchange, does this proffer statement amend
in anyway otherwise modify any GDP or MDP previously approved for the property.
Owner Signature
The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and
successors in the interest of the Owner. In the event the Frederick County Board of Supervisors grants
this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in
addition to other requirements set forth in the Frederick County Code.
Respectfully Submitted
BY: _________________________________________ DATE: ___________________
Silver Lake, LLC., Manager
Commonwealth of Virginia,
City/County of _________________________ To Wit:
The foregoing instrument was acknowledged before me this ____ day of ___________
20___ by ______________________________________________________________
________________________
Notary Public
My Commission Expires: __________________
Round Hill Crossing, LLC. Manager
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Property Map - Frederick County, VA
Da te : M ay 22, 2024
Fre d e rick C o un ty In fo rmat ion Tech no log ie s107 N K e nt St W in che st er, VA 2260 1540-665 -56 14Frederick C ounty do es not give an y ex pres s ed or i mpl ied wa rrent ies ,con ditio ns, repre sen tat ions , ind em nit ies of a ny k ind, s t atu tory, or othe rwise, con ce rning any or a ll o f th e F rede rick C ounty GIS dat a.
.
0 1,0 00 2,0 00500 Fee t
1:8,4 00
Round Hill Crossing , LLC; Zoned B2 with Proffers
Tax Map 52-A-C; 52-A-50A; 52-A-63; 52-A-52
Rezoning for Minor Proffer Amendment for Round Hill Crossing Community Center.
LOCATION MAP
53
From: John Bishop <jbishop@fcva.us>
Sent: Thursday, May 9, 2024 1:42 PM
To: Ronald A. Mislowsky
Subject: FW: '[External]'RE: Silverlake (aka Lutheran Home) proffer revision
Ron, Please see below for Brad’s feedback on Proffer Update for Silverlake.
Jb
From: Reed, Brad (VDOT) <Brad.Reed@vdot.virginia.gov>
Sent: Monday, May 6, 2024 2:43 PM
To: John Bishop <jbishop@fcva.us>
Cc: Johnson, Joseph (VDOT) <JosephW.Johnson@vdot.virginia.gov>; Lineberry, Jeff, PE (VDOT)
<Jeff.Lineberry@VDOT.Virginia.gov>; Campbell, Adam (VDOT) <AdamF.Campbell@vdot.virginia.gov>
Subject: '[External]'RE: Silverlake (aka Lutheran Home) proffer revision
John,
Thanks again for sharing these proposed proffer revisions. We recommend they add a statement to 3i
along the lines of the following to emphasize that the contribution is for generalized improvements to
the interchange and not the specific items from 3g and 3h:
“The applicant recognizes that the County is seeking funding for improvements to the Route 37
interchange with Northwestern Pike that differ from those described in 3(g) and 3(h), as recommended
by a recent VDOT study. Monetary contributions offered here will be used to support future
improvements to the Route 37 interchange with Northwestern Pike as identified by Frederick County.”
Otherwise, this looks like it’ll fit the bill!
Thanks,
Brad
Brad Reed, AICP
District Planner / Staunton
Virginia Department of Transportation
Office: 540-332-2266
brad.reed@VDOT.Virginia.gov
From: Johnson, Joseph (VDOT) <JosephW.Johnson@vdot.virginia.gov>
Sent: Monday, May 6, 2024 2:23 PM
To: Reed, Brad (VDOT) <Brad.Reed@vdot.virginia.gov>
Cc: Lineberry, Jeff, PE (VDOT) <Jeff.Lineberry@VDOT.Virginia.gov>; Campbell, Adam (VDOT)
<AdamF.Campbell@vdot.virginia.gov>
Subject: Re: Silverlake (aka Lutheran Home) proffer revision
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Planning Commission
Agenda Item Detail
Meeting Date: July 3, 2024
Agenda Section: Public Meeting Item
Title: Subdivision Waiver #03-24 for Darien, LLC - (Mr. Cheran)
Attachments:
PC07-03-24SubdivisionWavier03-24_Redacted.pdf
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COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO: Frederick County Planning Commission
FROM: Mark R. Cheran, Zoning and Subdivision Administrator
SUBJECT: Public Meeting – Waiver Request #03-24 Darien, LLC
Property Identification Number (PIN): 53-5-1
DATE: June 26, 2024
CODE 144 REQUIREMENTS:
§144-17 L: Curbs and gutters. Curbs and gutters shall be constructed along both sides of all
streets in any subdivision containing lot(s) less than 15,000 square feet or lot widths of 80 feet
or less at the street. The subdivider shall determine the curb cuts necessary for entrance
locations for any subdivision that requires curbs and gutters at the subdivision design plan
stage. The Subdivision Administrator may allow for alternatives to curbs and gutters where
it is determined that improved stormwater management, such as reduced concentration of
peak flow for a drainage shed, would be achieved without it. Such alternatives shall only be
permitted when acceptable to the Subdivision Administrator and when approved by the
Director of Public Works
§144-18 A: Sidewalks shall be installed in the right-of-way and adjacent to the boundary of
the right-of-way 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 sidewalks, where sidewalks are required.
PROPERTY LOCATION AND ZONING: The Property is identified with Property
Identification Number 53-5-1 within the Stonewall Magisterial District and is zoned RP
(Residential Performance) Zoning District
ADJOINING PROPERTY ZONING & USE:
North: RP (Residential Performance) Use: Residential
East: RP (Residential Performance) Use: Residential
85
Darien, LLC Waiver
Page 2
South: RP (Residential Performance) Use: Residential
West: RP (Residential Performance) Use: Residential
BACKGROUND: The above-referenced property is located within the subdivision known as the
Lauck Lots. This subdivision was created in 1982 via deeds and plats. (Enclosed) Frederick County
adopted zoning in 1967. The Frederick County historical zoning map shows this property as being
zoned R-1 (Residential Limited) in 1967. Frederick County amended its Ordinance in 1989 to
change the R-1 Zoning District to the RP (Residential Performance) Zoning District.
The Frederick Code requires any subdivision within the RP Zoning District to have an approved
Master Development Plan (MDP) to subdivide property. This subdivision does not have any
approved MDP on record. However, the Frederick Code requires any subdivision located in the
RP Zoning District to have curb and gutter (Section 144.17. L. Streets), and sidewalks and
pedestrian walkways (Section 144-18. A. Sidewalks and Pedestrian Walkways), The applicant is
requesting a waiver from these sections of the County Code.
This 25,319 Sq. Ft. parcel fronts Lauck Drive (Route 832). The proposed subdivision plan for the
property seeks to create two (2) lots of 12,379 SF and 12,940 SF respectfully. The Lauck Lots
subdivision was created prior to the requirements of the County Code and the subdivision does not
have curb and gutter or sidewalks. The property is located within the Urban Development Area
(UDA) as noted within the Frederick County Comprehensive Plan. Therefore, granting waivers
for this proposed subdivision may be justified.
Conclusion:
Following a public meeting, staff is seeking a recommendation from the Planning Commission to
forward to the Board of Supervisors on these waiver requests.
MRC/pd
Attachments: 1. Application for Waivers
2. Letter of Request
3. Copy of Lauck Lots subdivision
4. Proposed subdivision plats
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53 5 1
1015FOREMAN LN
117LAUCK DR
110LAUCK DR
1025FOREMAN LN
100FORTRESS DR
145LAUCK DR
1031FOREMAN LN
1045FOREMAN LN
1124PURCELL LN
168LAUCK DR
165LAUCK DR1057FOREMAN LN
1140PURCELL LN
176LAUCK DR
1063FOREMAN LN
1144PURCELL LN 175LAUCK DR
1095FOREMAN LN
1147PURCELL LN 1150PURCELL LN
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SENTINEL DRLAUCK DRREDWOODLNAUTUMN VIEW LNFORTRESS DRFOREMAN LNSUNNYSIDE DRCARPERS DR0 60 12030 Feet
FORTRESS DR
WAV # 03 - 24: Darien, LLCPIN: 53 - 5 - 1Waiver of MDP (Curb and Gutter and Sidewalks and Pedestrian Walkways)Zoning Map
WAV #03-24
87
53 5 1
1015FOREMAN LN
117LAUCK DR
110LAUCK DR
1025FOREMAN LN
100FORTRESS DR
145LAUCK DR
1031FOREMAN LN
1045FOREMAN LN
1124PURCELL LN
168LAUCK DR
165LAUCK DR1057FOREMAN LN
1140PURCELL LN
176LAUCK DR
1063FOREMAN LN
1144PURCELL LN 175LAUCK DR
1095FOREMAN LN
1147PURCELL LN 1150PURCELL LN
LAUCK DRFOREMAN LNApplication
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FORTRESS DR
WAV # 03 - 24: Darien, LLCPIN: 53 - 5 - 1Waiver of MDP (Curb and Gutter and Sidewalks and Pedestrian Walkways)Location Map
WAV #03-24
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Planning Commission
Agenda Item Detail
Meeting Date: July 3, 2024
Agenda Section: Other
Title: Current Planning Applications
Attachments:
100