HomeMy WebLinkAboutPC 04-06-94 Meeting AgendaAGENDA
FREDERICK COUNTY PLANNING COMMISSION
The Old Frederick County Courthouse
Winchester, Virginia
APRIL 6, 1994
7:00 P.M. CALL TO ORDER TAB
1) Meeting Minutes of Feb. 2, and Feb. 16, 1994 ................... A
2) Monthly and Bimonthly Reports ............................. B
3) Committee Reports .................................... C
4) Citizen Comments ..................................... D
5) Resolutions of Appreciation ............................... E
6) Discussion regarding a request from Taco Bell for a wavier from buffer
requirements.
(Mr. Watkins) ........................................ F
7) Discussion regarding a request from C. E. Maddox, Jr., of G. W. Clifford and
Associates, for a waiver from the minimum driveway spacing requirements.
(Mr. Watkins) ........................................ G
PUBLIC HEARINGS
8) Conditional Use Permit #001-94 God's Glory Land for a church retreat. This
property is located on the northwest side of Route 704 (Back Creek Road),
3.3 miles southwest of Gore, in the Back Creek District.
(Mr. Miller) ............. H
9) Conditional Use Permit #002-94 of Boyer Landscaping, Inc., for the expansion
of an existing business. This property is located on Route 277 (Fairfax Pike),
past the intersection of Route 277 and Route 636 (White Oak Road), in the
Shawnee District.
(Mr. Miller) ......................................... I
2
10) Rezoning application #001-94 of Nealey Construction to rezone 2.5 acres from
B3 (Industrial Transition) to B2 (Business General) for uses allowed in the
B2 district. This property is located off of 'Polite 1 1 nn Welltnwn Road, in
the Stonewall District.
(Mr. Tierney) ........................................ J
11) Rezoning application #002-94 of Thomas C. Glass to rezone 2.38 acres from Bl
(Neighborhood Business) to B2 (Business General) for uses allowed in the B2
district. This property is located east of Winchester, at the northwest
corner of the intersection of Senseny Road and Greenwood Road, in the Shawnee
District.
(Mr. Tierney) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . K
12) An amendment to Chapter 165 of the Frederick County Code, Zoning, Article III,
Supplementary Use Regulations, Section 165-37, Buffer and Screening Requirements,
and Article VI, RP (Residential Performance District), Section 165-58 Intent,
and Section 165-62, Gross Density. The proposed amendments pertain to perimeter
and interior residential separation buffers, permitted gross densities in the RP
District, and multi -family housing percentages.
(Mr. Watkins) ........................................ L
MISCELLANEOUS
13) Memo regarding recommendations from the Comprehensive Plans and Programs
Subcommittee concerning sewer to the Rural Community Centers.
(Mr. Tierney) ....................................... M
14) Other (no attachment)
MEETING MINUTES
OF THEE
1 1 L
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board Room of the Old Frederick County Court House in Winchester, Virginia on
February 2, 1994.
PRESENT: Planning Commissioners present were: James W. Golladay, Jr., Chairman; John
R. Marker, Vice Chairman/Back Creek District; Marjorie H. Copenhaver, Back
Creek District; Todd D. Shenk, Gainesboro District; S. Blaine Wilson, Shawnee
District; Roger L. Thomas, Opequon District; Manuel C. DeHaven, Stonewall
District; John H. Light, Stonewall District; Robert A. Morris, Shawnee District
and Robert M. Sager, Board Liaison.
ABSENT: Ronald W. Carper, Gainesboro District; George L. Romine, Citizen at Large
Planning Staff pn=nt were: W. Wayne Miller, Zoning Administrator; and Kris
C. Tierney, Deputy Planning Director.
CALL TO ORDER
Chairman Golladay called the meeting to order at 7:00 p.m.
INTRODUCTION OF ROBERT M_ SAGER, NEWLY APPOINTED BOARD LIAISON
Chairman Golladay introduced Mr. Robert M. Sager, the newly appointed Board
of Supervisors Liaison to the Planning Commission.
MINUTES
Upon motion made by Mr. Wilson and seconded by Mr. Thomas, the minutes of
December 1, 1993 were unanimously approved as presented.
Upon motion made by Mr. Marker and seconded by Mr. Thomas, the minutes of
December 15, 1993 were unanimously approved as presented.
COMMITTEE REPORTS
Development Review & Regulations Subcommittee (DR&RS) - 1/24/94 Mtg_
Mr. Miller reported that the DRRS discussed the proposed 1994 subcommittee
work program which will focus on corridor appearance issues, landscaping requirements,
conditional use permits, amendment requests and design review. He reported that the DRRS
informally discussed requirements pertaining to major and minor collector roads with Chuck
Maddox of G. W. Clifford & Associates and that this item will be brought back to the DRRS
in February. Mr. Miller said that the DRRS will forward recommendations for RP density
requirements and conditional use permit fees to the Planning Commission in March.
Sanitation Authority (SA) _-1 / 19!94 _Mtg-
Mrs. Copenhaver reported that the Diehl Water Treatment Plant was placed in
operation on January 12 and is operating smoothly. She said that the plant is producing between
1.7 to 2.0 million gallons per day. Mrs. Copenhaver reported that the SA is looking into the
design for the 522 South sewer project.
Mrs. Copenhaver added that the SA's regularly scheduled meeting night has been
changed from the third Wednesday of each month to the third Thursday of each month at 5:30
p.m.
Transportation Committee - 2/1/94 Mtg
Mr. Miller reported that the Transportation Committee reviewed the Frederick
County Primary Road Improvement Plan and the proposed National Highway System Plan as
recommended by VDOT. He said that both plans will be forwarded to the Planning Commission
for review.
Mr. Miller also reported that the Transportation Committee also endorsed the
overall concept for the Civil War Battlefield Tour Network/Kernstown Battlefield Enhancement
Proposal and the proposal to relocate a portion of Warrior Drive along the boundary of the
Sherando Park property.
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C
1994 Subcommittee and Liaison Positions
Mr. Tierney presented a list of subcommittees and liaison appointments that were
in effect during 1993. He said that the staff has not been contacted regarding any changes and
has no recommended changes.
The Commission decided to keep the same assignments for 1994.
PUBLIC HEARINGS
Conditional Use Permit #013-93 of HCMF Corporation for VanGilders Care Center to
expand their existing convalescent -nursing home facility from 48 beds to 78 beds. This
property, zoned RP (Residential Performance), is identified as PIN 54-A-32 and is
located at the end of Pennsylvania Avenue in the Stonewall District_
Action - Approved
Mr. Miller said that VanGilders Care Center has been operating as a legal
nonconforming use and cannot expand more than 50% under this status. Mr. Miller said that
a 50% expansion would allow the addition of 3,973 square feet, but the HCMF Corporation
wishes to add 8,974 square feet to the facility and, therefore, a conditional use permit is
required.
Mr. Miller said that written comments have been received from the City of
Winchester's Planning Director regarding transportation issues, the Winchester Public Works
Director regarding water supply, and the City Fire Chief, regarding access for emergency
vehicles.
The Planning Commissioners were concerned about alternate access to the site in
the event of an emergency and asked about the extension of Pennsylvania Avenue beyond the
nursing home to Lee Street. Staff noted that the road beyond this point is unpaved and there is
no le�a1 access or right-of-way to Lee Street from this point.
Mr. Rick Frizzell, Director of Development for the HCMF Corporation and the
applicant for this CUP, said that this facility is inspected and licensed by the State of Virginia
and access is taken under consideration in this process.
The Commissioners also asked the applicant about the adequacy of their water
supply. Mr. Frizzell said that the main facility is served by a 1 1/2" water line from the City
of Winchester and a secondary water supply is supplied to their two smaller buildings by a 2
1/2" meter from Frederick County. Mr. Frizzell felt that they had adequate water capacity for
3763
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the existing facility, the proposed addition, and for sprinkling. It was also noted that there is an
existing fire hydrant on the site, which is served by the Sanitation Authority.
Mr. Frizzell read a prepared statement to the Commission which stated that: 1)
The proposed addition would provide the community with 11 new full-time positions; 2) the
addition will cost roughly $1,000,000; 3) the addition will provide the residents with a larger
recreation area and fresh decor; and 4) it will provide better services with a new kitchen,
laundry, and business office. Mr. Frizzell said that the state has a one, two, and three-year
license program. He said that their facility in Roanoke was one of the first facilities in the state
to receive a three-year license. Mr. Frizzell said that they are recognized in the state as
providing quality health care.
Mr. Frizzell also presented letters of support from Dr. Gary W. Wake from
Amherst Family Practice, from Sheriff Robert T. Williamson of the Frederick County Sheriffs
Office, and from Caroline Hastreiter, Program Services Director for Blue Ridge Hospice, Inc.
Upon motion made by Mr. DeHaven and seconded by Mr. Wilson, the Commission unanimously
voted to make the letters a part of the official record (letters attached at end of minutes).
Ms. Ellen Ford, the Administrator at VanGilders Care Center, came forward to
introduce three community citizens that were present to speak in behalf of VanGilders Care
Center. She introduced Karen Shipp from Frederick County Social Services, Jean Hinsen, Trust
Officer at the Bank of Clarke County, and John Poux, Executive Director of the Tri -County
O.I.C.
Ms. Karen Shipp, the adult protective services worker for Frederick County's
Department of Social Services, said that she has been a social worker for a number of years
working with the disabled and the elderly. Ms. Shipp said that at present, over 75% of her
department's adult home placements are out of the Frederick County area because of a shortage
of adult care beds and the unwillingness of many adult homes to accept individuals who need
financial assistance. She said that these people have been forced to leave the Frederick County
area and enter facilities far from family and home. Ms. Shipp said that she was pleased that
VanGilders wanted to expand their facility. She said that they have consistently provided
excellent care to their residents and have been willing to accept those who must depend on the
state to supplement the cost of their care. Ms. Shipp said that as an advocate for the disabled
and the elderly, she sees the need for additional adult home beds in this area and hoped that the
Commission would favorably consider HCMF's request to enlarge their facility.
Ms. Jean Hinsen, Trust Officer from the Bank of Clarke County, said that as trust
officer, she is frequently called upon to find facilities for people, many of whom do not qualify
for a skilled care facility, but who must be placed in an adult care situation. Ms. Hinsen said
that she has found that VanGilders provides excellent care for these individuals and is the only
facility that will accept people who are dependent on resources provided by the state. She said
It is also comforting to know that when state resources are exhausted, VanGilders does not
require these placements to move elsewhere. Ms. Hinsen said that the employees are very
3764
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cooperative and people that have been placed at VanGilders have enjoyed a good residency. Ms.
Hinsen encouraged the Commission to grant the permit because the facility was much needed in
this area.
Mr. John Poux, the Executive Director of Tri -County O.I.C., spoke in support
of the VanGilders Care Center and said that it was one of the really fine adult care centers in this
area. Mr. Poux said that the Tri -County O.I.C. trains nursing assistants and has placed many
of them at VanGilders. He said that he knows the facility well and has a great deal of
admiration for them.
Mrs. Copenhaver also spoke in support of VanGilders based on her personal
experience of having a relative stay there and also in her previous capacity as a loan officer. She
felt that very good care was given to the residents and that this type of facility was needed in
Frederick County.
The Commissioners were in agreement that good adult care facilities, such as
VanGilders, were needed in Frederick County and they supported the expansion proposed. The
Commissioners felt, however, that to be safe in the case of an emergency, it was important for
this facility to have a loop waterfeed and two ways into the facility. They encouraged the
applicant to strive to acquire access to Lee Street.
Upon motion made by Mr. Light and seconded by Mr. Wilson,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
approve Conditional Use Permit #013-93 of HCMF Corporation for an addition (24 bed addition
to the existing main building and a 6 bed addition to two existing cottages) to the VanGilders
Care Center with the following conditions:
1) A determination of water requirements must be made and any required upgrade or
modifications must be addressed during the site plan process.
2) The owner must maintain the street serving this facility from the Winchester/Frederick
County line into the facility.
3) A site plan for this facility must be submitted and approved prior to any construction on
this facility.
4) The applicant must comply with all requirements of the state and county codes pertaining
to nursing/convalescent homes at all times.
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D
LETTER OF _APPRECIATION TO MANUAL C. DEHAVEN FROM KENNETH Y.
TILES
Mr. Miller read a letter of appreciation that was submitted by Kenneth Y. Stiles,
a former Board of Supervisors Chairman, to Manuel C. DeHaven, retiring Stonewall District
Representative.
Upon motion made by Mr. Wilson and seconded by Mr. Marker, the Commission
unanimously voted to make the letter a part of the official record. (letter attached at end of
minutes) .
DISCUSSION REGARDINQ A PROPOSAL TO REVISE THE APPROVED MASTER
DEVELOPMENT PLAN AND SITE PLAN FOR LAKE CENTRE
Mr. Charles W. Maddox, Jr. of G. W. Clifford & Associates gave a presentation
concerning the revision of the master development plan (MDP) and site plan for the Lake Centre
project located at the corner of Macedonia Church Road (Route 642) and Chinkipin Drive. Mr.
Maddox said that this property has a current approved MDP for a townhouse development,
however, the subdivision plats have never been administratively approved or recorded. He said
that the original developer has now sold the tract approved for townhouses to another individual
who wishes to put apartment buildings on the site.
The Commissioners were not supportive of the proposed large increase in density,
to almost the maximum allowed by the ordinance, with the requested change to apartments.
They did not want this area to become unsightly, especially in light of the county's recent
attempts to improve corridor appearance. The Commission felt that the revised plan would have
to have extensive landscaping improvements to make the high-density area aesthetically
appealing.
VIDEOTAPE FROM VDOT REGARDING PUBLIC MEETING PROCEDURES
The staff showed a videotape from VDOT concerning public meeting procedures
for the Commission's information.
3766
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ADJOURNMENT
There being no further business to discuss, the meeting adjourned at 8:30 p.m.
Respectfully submitted,
Robert W. Watkins, Secretary
James W. Golladay, Jr., Chairman
3767
coUNTY SHERIFFS
ROBERT T. WILLIAMSON
Sheriff
5 NORTH KENT STREET
WINCHESTER, VIRGINIA 22601
703/662-6162
FAX 703/722-4001
January 28, 1994
TO WHOM IT MAY CONCERN:
MAJOR J. ALVIN JOHNSON
Chief Deputy
It has come to my attention that VanGilder's Care Center is currently
being considered for approval of a conditional use permit. I would like
to go on record showing my support of VanGilder's Care Center.
I have been Sheriff of Frederick County for the -past two years and
served as a deputy sheriff for most of the 16 years preceding that.
During my tenure with Frederick County, VanGilder's Care Center has
enjoyed an excellent reputation with no extraordinary history of
complaints or service calls.
On a personal note, I am the guardian for one of the residents currently
housed at VanGilder's. Both personally and professionally, I have
always found VanGilder's reputation to be admirable; therefore, I do not
hesitate to support them in their current endeavor.
Respectfully submitted,
Robert T. Williamson
Sheriff
lac
3768
:hoard of `.Directors
Nate L Adams, III
Christine E. Andreae
Scott Ball
R. William Bayliss, III
John H. Borg
Bonnie Brockschmidt
Susan Burke
David A. Costello
Ann H. Dunlap
Sharen E. Gromling
Adel B. Guirguis, M.D.
W. Jackson Helm, M.D.
Ronald R. Potter
Lynne C. Sayles
Lawrence K. Van Hoose
Helen H. Zebarth
BLUE RIDGE HOSPICE, INc.
333 WEST CORK STREET
WINCHESTER, VA 22601
(703) 665-5210
January 27, 1994
Ms. Ellen Ford, Manager
Van Gilder's Care Center
1011 Pennsylvania Avenue
Winchester, VA 22602
Dear Ellen,
It is our understanding that the owners of your facility are planning to add an additional
thirty beds to provide care for a larger adult population. The Blue Ridge Hospice staff
is very pleased to hear this because of the need we see for this type of care among our
terminal patients.
Many of the adult homes in our service area are reluctant to admit terminally ill patients
because of the perceived extra and more intensive care required. You and your staff
have been quite willing to take on this care, understanding that hospice resources will be
available to you 24 hours a day to assist in this terminal care.
The philosophy of care at Van Gilders is much the same as the philosophy of hospice
care -- to provide comfort through symptom control while making the quality of life as
good as possible. We have been pleased that you would recognize the choices patients
make in the determination of their care.
We are delighted that, with the addition of thirty more beds, more people will have
access- to the compassionate care at Van Gilders.
Most sincerely,
Caroline Hastreiter
Program Services Director
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January 31, 1994
To whom it may concern:
Amherst Family Practice, P.C.
Gary W. Wake MD
H. Nelson Gustin MD
William J. Bender
Don G. Karolyi iv.j
Samuel N. Whitacre MD (retired 1991)
I have been associated with VanGilder's Care Center for over 25 years as an
attending physician and also as Medical Director. The care at this facility is
of high quality and the cost for the care is reasonable.
Our community would benefit from additional bed capacity at this home for
adults. This home provides an obvious service for the patients in the home,
but additionally assures the relatives of these patients that their loved ones
are receiving the care they need. Fortunately for us with aged parents or
relatives in need of constant supervision and care, an institution such as
VanGilders is available.
The reality of today's economics shows us that two paychecks per household
are needed. This leaves the care of our elderly to others. We have
VanGilders to fill this need. I hope this wonderful facility can be expanded.
Sincerely,
Gary W. Wake, M.D.
GWW/mdm
522 Amherst Street Winchester, VA 22601 (703) 667-8724 FAX (703) 662-5638
5011 Main Street Stephens City, VA 226,55 (703) 869-5050 FAX (703) 869-0264
3770
MEETING MINUTES
OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board Room of the Old Frederick County Court House in Winchester, Virginia on
February 16, 1994.
PRESENT: Planning Commissioners present were: James W. Golladay, Jr., Chairman;
Marjorie H. Copenhaver, Back Creek District; Todd D. Shenk, Gainesboro
District; S. Blaine Wilson, Shawnee District; Roger L. Thomas, Opequon
District, Charles C. DeHaven, Stonewall District; George L. Romine, Citizen at
Large; John H. Light, Stonewall District; Robert A. Morris, Shawnee District;
Robert M. Sager, Board Liaison; and Vincent Dibenedetto, Winchester City
Liaison
ABSENT: Ronald W. Carper, Gainesboro District; John R. Marker, Vice Chairman/Back
Creek District
Planning Staff present were: Robert W. Watkins, Director/Secretary; W. Wayne
Miller, Zoning Administrator; and Kris C. Tierney, Deputy Planning Director.
CALL TO ORDER
Chairman Golladay called the meeting to order at 7:00 p.m.
INTRODUCTION OF CHARLES C. DEHAVEN, NEWLY APPOINTED STONEWALL
REPRESENTATIVE
Chairman Golladay introduced Mr. Charles C. DeHaven, the newly appointed
Commissioner representing the Stonewall District.
INTRODUCTION OF VINCENT DIBENEDETTO, NEWLY APPOINTED
WINCHESTER CITY LIAISON
Chairman Golladay introduced Mr. Vincent Dibenedetto, the newly appointed
liaison from the City of Winchester.
2
MINUTES OF JANUARY 5, 1994
Upon motion made by Mr. Romine and seconded by Mr. Wilson, the minutes of
January 5, 1994 were unanimously approved as presented.
BIMONTHLY REPORT
Chairman Golladay accepted the Bimonthly Report for the Commission's
information.
COMMITTEE REPORTS
Comprehensive Plans & Programs Subcommittee (CP&PS) - 2/14/94 Mtg.
Mrs. Copenhaver reported that the CP&PS discussed the sewage problem in the
community centers of Round Hill, Clearbrook, and Brucetown. They also discussed the
suggested alternative solutions.
Economic Development Commission (EDC)
Mr. Romine reported that the EDC will hold a planning retreat on March 5, 1994
to discuss a variety of issues.
Transportation Committee - 2/1/94 Mtg
Mr. Sager reported that the Transportation Committee reviewed the Frederick
County Primary Road Improvement Plan and the proposed National Highway System Plan as
recommended by VDOT. He said that both plans will he forwarded to the Planning Commission
for review.
Report from the City of Winchester
Mr. DeBennedetto reported that the City is Iooking into extending Jubal Early
Drive west out of Meadowbranch to Route 37. He added that the City is also reviewing a site
plan for a McDonalds restaurant along the Route 50 Corridor, near the hospital.
DISCUSSION ITEMS:
Discussion with Mr, Charles C. Maddox, Jr., of G. W. Clifford & Associates, regarding
a proposed rezoning of 59 acres from RA (Rural Areas) to Ml (Light Industrial). This
property is located on the west side of route 11, across from the intersection of Route 664
(Stephenson Road), in the Stonewall District.
Chairman Golladay stated he would not participate in discussion of this matter
because he and the applicant are first cousins.
Charles W. Maddox, Jr., engineer with G. W. Clifford & Associates, presented
the proposal to the Commission and showed slides of the area. He said there was a definite trend
towards non -single family uses in this area.
In describing the site, Mr. Maddox stated there was no central sewer here and only
three septic field disposal sites were available. He said that a wet industry could not locate here
and the Health Department has limited the site to 200 employees.
Some of the concerns raised by the Commission were: 1) the possible pollution
of the numerous springs in the area and subsequently, the aquifers, by salts, oils, lubricants,
gasoline, and/or kerosene from truck parking lot areas should be addressed; 2) traffic control
issues would need to be addressed because of the additional traffic that would be generated on
Route 11; and 3) the proposed site would need to be attractive, presentable, and well -landscaped
because of its location across from the visitors center on the I-81 corridor.
The Commissioners felt that a rezoning would be acceptable, if their concerns
were adequately addressed.
Discussion with Matt McHale, Realtor with Colony Realty, regarding a proposed rezoning
of 2.5 acres from B3 (Industrial Transition) to B2 (Business General). This property is
located on the east side of Welltown Road, north of the intersection with Route 11, in the
Stonewall District.
Matt McHale, Realtor with Colony Realty, came forward to answer questions from
H
the Commission concerning a proposed rezoning of 2.5 acres of the Negley property situated on
Route 661 (Welltown Road), behind the Days Inn and EconoLodge.
There were some questions on comments received from the Frederick County Fire
Marshal. Mr. McHale said that the fire marshal had concerns about a water source. Mr.
McHale said that Perry Engineering was contracted to drill under the road to bring the water
across the road. He said that a fire hydrant was also available.
The Commissioners had no problems with the rezoning, however, it was noted that
the site plan would not be approved unless the County Fire Code was met.
Discussion regarding the proposed National Highway System as recommended by the
Virginia Department of Transportation
Mr. Tierney stated that Frederick County has received information pertaining to
the proposed National Highway System (NHS). He said the NHS is a new major funding
category and program required under the Intermodal Surface Transportation Efficiency Act of
1991. He said that this program requires each state to create a system of primary roads that will
provide principal connections internally, as well as principal connections with bordering states.
Each state is allotted a specific amount of road mileage that will qualify for the NHS. Mr.
Tierney said that funding for roads that are part of the NHS is based on an 80% Federal/20%
State match.
Mr. Tierney presented a map that detailed the proposed NHS as developed by the
Virginia Department of Transportation (VDOT). He said that roads within Frederick County that
are considered part of this plan include Interstate 81, Route 522 (North Frederick Pike) North
of Winchester, Route 37 West of Winchester, Route 7 (Berryville Pike) East of Winchester, and
Route 55 (Wardensville Pike). He said that all other primary roads within Frederick County
would fall under the Surface Transportation Program (STP) for funding.
Mr. Tierney further stated the Frederick County Transportation Committee
considered this plan during their regular meeting of February 1, 1994. He said that the
Transportation Committee recommended that all roads proposed as Frederick County's
component of this plan be included as part of the NHS, with the exception of Route 55, based
on the resolution passed by the Board of Supervisors pertaining to Corridor H. He said that the
Transportation Committee was concerned that projects in our district would suffer if the money
for the 20% match for upgrades came out of the Staunton District budget and not the general
state fund.
The Commissioners agreed with the Transportation Committee's recommendation
not to include Route 55 as part of the NHS.
5
Upon motion made by Mr. Thomas and seconded by Mr. Light,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
recommend to the Board of Supervisors that all roads proposed as Frederick County's
component, with the exception of Route 55, be included as part of the NHS. The Planning
Commission felt it was inappropriate to include Route 55, based on the resolution passed by the
Board of Supervisors pertaining to Corridor H. The Planning Commission also felt that the 20%
funding match required under the NHS Program would create an unnecessary burden upon the
Staunton District.
1993 ANNUAL REPORT
Mr. Watkins presented the Commission with the 1993 Frederick County
Department of Planning and Development Annual Report. Mr. Watkins said that the report
contains information concerning the state of the County, current planning issues, development
and land use proposals that were approved, and planning progress during the previous year. He
said that this document is used as part of the Comprehensive Plan review process. Mr. Watkins
reviewed some of the highlights of the report with the Commission.
Chairman Golladay accepted the report for the Commission's information.
1994 WORK PROGRAM FOR THE DEPARTMENT OF PLANNING &
DEVELOPMENT
Mr. Watkins said that the work program for the 1994-95 fiscal year would be
submitted to the Board of Supervisors in March. Mr. Watkins presented information and
discussed the work that is currently underway in the current year work program. Mr. Watkins
requested that commissioners let the staff know if there were any other areas they wished the
planning staff to pursue for the upcoming year.
III
ADJOURNMENT
There being no further business to discuss, the meeting adjourned at 8:40 p. m.
Respectfully submitted,
Robert W. Watkins, Secretary
James W. Golladay, Jr., Chairman
M E M O R A N D U M
TO: Frederick County Planning Commission
FROM: Robert W. Watkins, Secretary
SUBJECT: Bimonthly Report
DATE: March 25, 1994
(1) Rezonings Pending: (dates are submittal dates)
Twin Lakes 4/04/90 Shaw RA to B2/RP
Negley Construction 2/03/94 Ston B3 to B2
Thomas C. Glass 3/14/94 Shaw B1 to B2
(2) Rezonings Approved: (dates are BBS meeting dates)
None
(3) Rezonings Denied: (dates are BOS meeting dates)
None
(4) Conditional Use Permits Pending: (dates are submittal dates)
God's Glory Land 3/08/94 BkCk Church Retreat
Boyer Landscaping 3/11/94 Shaw Expansion of Existing
Business
(5) Conditional Use Permits Approved: (dates are approval dates)
None
(6) Site Plans Pending: (dates are submittal dates
Wheatlands Wastewater
Fac. 9/12/89
Opeq
Trmt.facil
Grace Brethren Church
6/08/90
Shaw
Church
Flex Tech
10/25/90
Ston
Lgt. Industrial
Lake Centre
05/15/91
Shaw
Townhouses
Red Star Express Lines
05/24/91
Ston
Whse. Addition
Freeton
04/27/92
Opeq
Townhouses
84 Lumber
01/26/94
Ston
Storage Addition
Corrigated Container
02/22/94
BkCk
Light Industrial
Shenandoah B1dg.Supply
03/01/94
Gain
Warehouse
2
(7) Site Plans Approved: (dates are approval dates)
Salvation Army
03/15/94 Ston
Ofc/Housing
Albin Ridge Storage
03/221/94 Gain
Storage Facilities
Franklin Mobile Home
03/25/94 Shaw
Mobile Home Park
(8) Subdivisions Pending:
(dates are submittal dates)
Briarwood Est.
01/04/94
Stonewall
(9) Subdivisions Pending
Final Admin. Approval: (P/C or BOS_approval
dates
Abrams Point, Phase I
06/13/90
Shawnee
Lake Centre
06/19/91
Shawnee
Coventry Courts
12/04/91
Shawnee
Freeton
05/20/92
Opequon
Village at Sherando
06/16/93
Opequon
Paul Negley
08/11/93
Stonewall
Fredericktowne Est.,
Sec 8 & 9 10/06/93
Opequon
Lake Holiday Sec. 1B
12/08/93
Gainesboro
(10) PMDP Pending: (dates are submittal dates)
Woodside Estates 02/22/94 Opequon
(11) FMDP Pending Administrative Approval: (dates are BOS approval
dates
Battlefield Partnership 04/08/92 Back Creek
James R. Wilkins III 04/14/93 Shawnee
(12) FMDP Administ. Approved (dates are admin. approval dates)
None
(13) Board of Zoning Appeals Applications Pendinq:(submit. dates)
None
(14) BZA Applications Approved: (aRProval dates
Fred E. Unger 03/15/94 Gaine 3.1' side and 5.5'
rear -existing house
Toby Savolainen 03/15/94 BkCk 30' side -two story
detached garage
Charles A. Bennett 03/15/94 Shaw 4.25' front -attached
one car garage
3
(15) BZA Applications Denied:
None
(16) PLANS RECD. FOR REVIEW FROM CITY OF WINCHESTER
None
Honthly Report
Zoning
uom arison of
January -December
Accumulative
Total
monthly 'totals
anuary- ecem er
Total
_ ?
1 _129_1i
-12
22_Q
-12
1989
- 2
1988
1-12
1987
O'-�
O
U 7
1-4�
vii
14
14H
0
CoU)
o
p'
4J
O
E
� j
0
N
O
•rl
-
r1
.-1
Cd
O
U
N
F4
5G
U
o
ctS
;j�'
tr
O,
Cd
0
O
U
'-,
Cd
0
O
+J
t)
-4
d
0
H
4j
o
U
1�
H
a
r4
Cd
0
H
o
r4
C1
4
0
TOTAL PERMITS AP-
PROVED FOR ZONING
1, multi-family
291
0
391
18
263
1
374
15b
333
27
1652
202
279
2
28 9
13
246
0
276
36
309
48
1399
99
1566
148
1911
262
1899
238
1975
2016
244
24
2. Single-family
dwellings
3. Mobile Homes
- New Units
- Replacements
4. Industrial
82
24
11
13
1
151
51
37
14
1
76
8
4
4
0
43
5
2
3
0
95
24
8
16
0
447
112
62
50
2
95
19
10
9
0
83
43
15
28
2
53
11
8
3
0
91
3
0
3
0
59
12
7
5
0
381
88
40
48
2
385
105
61
44
_ 22
459
133
59
74
27
682
120
59
62
21
661
64
155
75
80
0
17''
8
8
5. Commercial
6. Miscellaneous
0
184
1
169
1
177
3
167
1
186
6
883
0
163
0
148
0
182
2
144
2
188
4
825
32
874898
132
50
788
148
767
10(
85
1'hRM19'S
2000
1500
1000
500
0
--on
C011111. -y Total
1. Xtil.-
MONTHLY REPORTCompari
son of l.nd.ividna.l
MonLhly
1'oLals
7,on;.nq
ecem
er
'Total
ecem
er
Total
.1991
1990
198911988
1987
H
tj
o
in
a
r
z
E
a
0
o
W
o
H
Ej
E'
0
F+
H
0
o
u
il
�,'
w
z
&4
N
E�
y
p'
7
7.
:i
(
F
H
>
E�
r4
.��.'
to
v
:r
J
C7
to
M
N
O
U
U
_
to
Oq
v]
p
V
O'
U`
O
U
U
U
U
TOTAL PrRMITS AP-
---------
PROVED FOR ZONING
9
19
20
19
16
83
9
18
9
4
14
_
54
105
81
70
98
117
1. Multi -family
0
0
0
0
0
0
0
0
0
0
0
0
34
6
8
0
15
2. SinyLe-family
dwellings
0
6
8
3
6
23
4
5
3
1
3
16
27
24
28
42
38
3. Motile [Ionics
1
1
0
1
1
4
0
4
0
0
0
4
2
5
2
9
5
- New Unil-s_2
- Replacements
1
0
0
1
0
2
_
0
0
0
0
5
0
6
2
0
4
0
0
0
4
2
0
2
3
3
4. Industrial
0
0
S. Commercial
0
1
0
1
0
2
0
0
0
0
0
O I'
0
4
6
15
3
6. I li scel latieous
1
8
11
12
14
9
54
5
9
6
3
11
34
42
42
26 1
32
56
PERMT'TS - CounL-y 'Total
200
150
100
50
0
���-tuUNfY TUPAL--RE91DENTIAL- — — — -COMMERCIAL & INDTISTRIAL-
E. PLANNING AND DEVELOPMENT - ACTIVITY REPORT #53 (March 1-15)
1. Route 642
We have received a draft of a formal agreement between
the County and VDOT. The agreement comes from Richmond and
specifies the responsibilities of both the County and VDOT in terms
of the tasks remaining to complete the project. Kris Tierney has
reviewed the agreement and returned comments to Mr. Bushman as well
as forwarding a copy of the agreement to Mr. Ambrogi's office for
review and comments
The agreement will ultimately have to be approved by the Board of
Supervisors.
2. Other Transportation Issues
Bob Watkins attended the meeting of the Planning
District's Transportation Technical Committee. ISTEA applications
and other issues were discussed.
Bob Watkins and John Riley met with VDOT and Virginia
Department of Historic Resources officials to discuss concerns
about the Route 37 Project's impact on historic resources and to
discuss moving the project to a conclusion.
3. Battlefield Preservation and Historic Issues
Bob Watkins attended the Heritage Tourism Seminar held by
the Lord Fairfax Planning District Commission. Heritage tourism
planners from Canada and New York State discussed their efforts in
relation to battlefields from the War of 1812.
Bob Watkins and Mark Lemasters attended a meeting of the
Opportunities and Threats Subcommittee of the Battlefield Task
Force. Possible actions in relation to battlefield sites were
discussed.
Bob Watkins and Mark Lemasters attended the monthly
meeting of the Battlefield Task Force. A possible application for
an American Battlefield Protection Program grant was discussed. A
resolution of support for the ISTEA project was adopted.
Lanny Bise wrote battlefield descriptions for the Civil
War Tour Network guide and he also worked on battlefield land use
maps.
Bob Watkins and Evan Wyatt met with John Riley; Richard
Dick; June Wilmot; Dick Kerns; City Planning Director, Tim Youmans;
and City Manager, Ed Daley to discuss strategies for the joint
proposal to purchase the Grim Farm.
Evan Wyatt continued work with City Planning Director,
Tim Youmans, on the ISTEA Project application for submittal of a
final proposal. Evan met with Mark Lemasters to discuss the
graphics and mapping necessary for final proposal. Evan is also
continuing work on obtaining official and civic support and
endorsements for the fJ- -L proposal.
4. GIS and Maptaing
Construction of battlefield mapping has been completed
for six critical sites and 11 other sites.
The staff is finishing up tax map updates and corrections
in preparation of the conversion from AutoCad to Arc/Info.
Procedures for map conversion are being finalized and the
conversion process has begun.
The staff is assisting the Public Works Department with
their street sign erection project by verifying street names.
Maps are being constructed and coordinated with the City
of Winchester for ISTEA application.
5. Site Meetinas
Bob Watkins met with Chuck Maddox and John Foote to
discuss development proposals.
On March 8, Kris Tierney met with representatives of the
Handley Library Board to discuss issues surrounding the possible
establishment of a library facility in the Stephens City area. The
Library Board is pursuing the donation of some RP land from JASBO,
Inc. for a library site. Two ordinance amendments would be
required in order to accomplish their plan. One would be to allow
public libraries as a permitted use in the RP Zone and the other
would be to allow public libraries as a use allowed in required
open space. The planning staff will work with the library to
pursue the necessary amendments.
On March 9, Kris Tierney met with Harry Benham to discuss
a rezoning application for the Country Park Plaza on Senseny Road
from B-1 to B-2. There are a number of issues that will need to be
addressed with this proposed rezoning. An application for rezoning
from B-1 to B-2 has been submitted.
Lanny Bise met with John Tiedeman, of Shenandoah Foods,
Inc., to discuss the site plan requirements for a Tastee Freez
restaurant.
Evan Wyatt had the following meetings:
Met with Chuck Maddox and Bruce Edens to discuss proposed
revisions to the RP District sections pertaining to gross density,
multifamily percentages, and residential separation buffers.
Met with Bill Stovall on site at Delco Plaza to inspect
SLte improvements for the Food Lion store.
Met with Tim Painter to finalize plan requirements for
Albin Ridge Mini Storage addition.
Met with Pat Brasher to obtain a performance bond for
proposed site work at Delco Plaza.
Met with Pat Snapp to obtain a letter of credit for
proposed site work at Snappy Lube.
Met with Lynn Welch to discuss plan requirements for
improvements to the Kentucky Fried Chicken near Stephens City.
6. Sanitary Districts and Sanitary Survey Efforts
Lanny Bise submitted information to the Comprehensive
Plans and Programs Subcommittee regarding sanitary districts.
Lanny is also putting together information regarding the
department's sanitary survey efforts in the Round Hill and
Clearbrook/Brucetown Rural Community Centers for the Comprehensive
Plans and Programs Subcommittee.
7. Plans Review and Approval
Lanny Bise reviewed the Woodside Estates Master
Development Plan.
Evan Wyatt approved plans for the Salvation Army's
"Center of Hope" Headquarters and the Franklin Mobile Home Park.
8. Census Maps
Began review and verification of proposed census maps of
Frederick County.
9. Department Personnel Issues
The vacant Clerk Typist/Receptionist position on the
Planning Staff has been filled. Karen Allison Clark's first day on
the job was March 1, 1994.
Bob Watkins and Kris Tierney interviewed candidates for
the vacant planner position.
COUNTY of FREDERICK
Department of Planning and Development
703 / 665-5651
Fax 703/678-0682
To: Planning Commission Members
From: Robert W. Watkins, Director A111 --
Date: Friday, March 25, 1994
Subject: Resolutions for Former Planning Commission Members
Please find enclosed resolutions honoring Beverly Sherwood, Manuel DeHaven, Ron
Carper, and James Barnett for loyal, dedicated, and outstanding service to the
Frederick County Planning Commission.
Please join me in congratulating them.
O Noilel Loudoun Strect P.O. RoK 601
Winchcsicr, VA 2121601 Winchcslcr. VA 212604
Resolution of Appreciation
Honoring
Beverly J. Sherwood
WHEREAS, Beverly J. Sherwood served on the Frederick
County Planning Commission with dedication,
professionalism, and insight from January 13, 1988 to
December 31, 1993; and,
WHEREAS, during her tenure, the Frederick County
Planning Commission did make great strides towards huilding
a hetter future for the people of Frederick County; and,
WHEREAS, the members of the Frederick County
Planning Commission and the staff of the Frederick County
Department of Planning and Development wish Beverly J.
Sherwood continued success in her term as Delegate to the
Mate House of Delegates;
NOW, WHEREFORE, BE I'T RESOLVED, 'That on
this 6th day of April 1994, the Frederick County Planning
Commission does express its deep appreciation and gratitude
to Beverly J. Sherwood for a joh well done!
Resolution of Appreciation
ii liouoring
Manuel C. DeHaven
WHEREAS, Manuel C. DeHaven served on the Frederick
County Planning Commission with dedication,
professionalism, and insight from January 10, 1972 to
February 12, 1994; and,
WHEREAS, during his tenure, the* Frederick County
Planning Commission did make grant strides towards building
a hotter future for the people of Frederick Countyl and,
WHEREAS, the memhers of the Frederick County
Planning Commission and the staff of the Frederick County
Department of Planning and Development wish to encourage
Manuel C. DeHaven to remain active in community affairs
and to continue to provide his insight to the Commission;
NOW, THEREFORE, BE IT RESOLVED, That on
this 6th day of April 1994, the Frederick County Planning
Commission does express its deep appreciation and gratitude
to Manuel C. DeHaven for a joh well donel
Resolution of Appreciation
Honoring
Ronald W. Carper
WHE RE, AS, Ronald W. Carper served on the Frederick
County Planning Commission with dedication,
professionalism, and insight From January, %, 1992 to March
16, 1994; and,
WHEREAS, during his tenure, the Frederick County
Planning Commission did make great strides towards hudding
a hotter future for the people of Frederick County; and,
WHEREAS, (he me—hers of the Frederick County
Planning Commission and the staff of the Frederick County
Department of Planning and Development wish to encourage
Ronald W. Carper to remain active in community affairs and
to continue to provide his insight to the Commission;
NOW, THEREFORE, BE IT RESOLVED, That on
this 6th day of April 1994, the Frederick County Planning
Commission does express its deep appreciation and gratitude
to Ronald W. Carper for a joh well donel
Resolution of Appreciation
Honoring
James W. Barnett
WHEREAS, .Tames W. Barnett served on the Frederick
County Planning Commission with dedication,
professionalism, and insight from July 18, 1990 to December
31, 1993; and,
WHEREAS, during his tenure, the Frederick County
Planning Commission did make great strides towards building
a better future for the people of Frederick County; and,
WHEREAS, the ...hers of the Frederick County
Planning Commission and the staff of the Frederick County
Department of Planning and Development wish to encourage
.Tames W. Barnett to remain active in community affairs and
to continue to provide his insight to the Commission;
NOW, THEREFORE, BE IT RESOLVED, That on
this 6th day of April 1994, the Frederick County Planning
Commission does express its deep appreciation and gratitude
to ,Tames W. Barnett for a ioh well done!
COUNTY of' FREDERICK
Dcpartmcnt of Planning and Dcvclopmcnt
703 / 665-5651
Fax 703/678-0682
MEMORANDUM
TO: Frederick County Planning Commission
FROM: Evan A. Wyatt, Planner II k
RE: Buffer Waiver Request By Taco Bell Restaurant
DATE: March 25, 1994
Mr. Guy C. Tudor, P.E. & L.S. of Ingram -Tudor & Co., P.L.C., has requested that a waiver
be granted by the Planning Commission under the provisions specified by Section 165-371)(5)
of the Frederick County Zoning Ordinance. This section allows the Planning Commission to
waive any or all of the requirements for zoning district buffers on a site plan if the proposed
uses are allowed on the proposed parcel and the adjoining parcel.
Taco Bell is interested in developing a new restaurant on parcel 43-2-A which is zoned M-1,
Light Industrial District. The adjoining parcel 43-3-D, located on the southwest side, is zoned
B-2, Business General District. Restaurants are permitted by -right in each zoning district, as
are their accessory uses such as parking lots, enclosed trash dumpsters, and light poles.
Mr. Tudor has provided the Planning Commission with a copy of the plat for parcel 43-2-A, and
a copy of a preliminary site sketch for the Taco Bell Restaurant. Mr. Tudor has provided the
location of the required buffer. This required buffer is defined as a B -Category Buffer with Full
Screening. A minimum distance of fifty (50) feet is required, as is an opaque screen with
landscaping.
This waiver is being requested as a fall back position by Taco Bell, as they are planning to
rezone the property to B-2 in the near future. The dimensional requirements for the B-2 District
will allow more design flexibility.
Staff recommends that the distance buffer and the opaque screen be eliminated for this parcel
if the zoning remains M-1. However, staff suggests that the Planning Commission require Taco
Bell to provide a landscaped easement that is ten (10) feet in width with a minimum of three
trees per ten (10) linear feet. Two-thirds of the trees within this landscaped easement should
be evergreen and one-third deciduous, with all trees being a minimum of four feet in height
when planted.
1) Nor(h 1.010OL111 SuLcl P.O. 13OV 001
Winchc:lcr, VA 22001 Winchc"�(cr. VA 22004
,A0 INGRAM-TUDOR & CO., P.L.C.
'9%ir SURVEYORS • ENGINEERS • PLANNERS • FORESTERS
March 24, 1994
Mr. Evan A. Wyatt
Planner II
Frederick County Department of Planning an Development
P.O. Box 601
9 N. Loudoun Street
Winchester, Virginia 22601
RE: Waver of Buffer Requirements for proposed Taco Bell Restaurant (Tax Map # 43-
((2))- parcel A) near the comer of Welltown Road (Va. State Route 66 1) and Martinsburg
Pike (U.S. Route 11)
Dear Evan,
By this letter and the accompanying site Sketch, I would like to request a waver in
accordance with Section 165-37-D-5 of the Frederick County Zoning Code (page 16563)
of the buffer requirement on behalf of the site owners and developers. The site is currently
zoned M1 and the adjoining lot (First Virginia Bank) is zoned B2.
The proposed use is compatible with the commercial usage in the adjacent B2 lot and
required 50 buffer would place a hardship on the 0.84 acre site making the site difficult to
develop and impossible to place the proposed restaurant on the site under the present
zoning requirements for setbacks, parking, and landscaping areas. In addition, imposing a
physical screen on line between this site and the bank lot would inhibit visibility of the
restaurant from Route 11.
If your require any additional information please call me. Thank you for your
assistance in this matter.
Very truly yours,
Guy C. Tudor P E. & L. S.
Ingram - Tudor & Company P.L.C.
attachment: Site Sketch
Route 2, Box 204, Mount Crawford, Virginia 22841-9718 Telephone (703) 828-2778
Q
a � /
�S uutDoliNEY, E7 AL
A!shai km4: 3.1684 Acr.s
Rat D8 221—P .ae
Ad}j4t.d Arc/3,4724 Aaot
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IPF -- Iron Pipe Found
IRF -- Iron Rod Found
IRS — Iron Rod Set
10-.) — Utility Pole
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_
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GRAPHIC SCALE
too 0 810 1100 200
t
COUNTY of FREDERICK
Dcpartmcnt of Planninc anti Dcvclopmcnt
703 % 665-5651
Fax 703 / 678-0682
MEMORANDUM
TO: Frederick County Planning Commission
FROM: Evan A. Wyatt, Planner H
RE: Entrance Spacing Waiver Request For First Virginia Hank Property
DATE: March 25, 1994
Mr. C.E. Maddox, P.E., of Gilbert W. Clifford & Associates has requested that a waiver be
granted by the Planning Commission under the provisions specified by Section 165-29B(1) of
the Frederick County Zoning Ordinance. This section permits the Planning Commission to
allow other means of motor vehicle access provided that left turns are restricted and one-way
travel is ensured.
The request is for a property identified as 43-3-D. The First Virginia Bank is currently located
on this property. The owner plans to develop a fast food restaurant and a convenience store
with gasoline pumps. These uses will necessitate a new commercial entrance. The new entrance
is proposed to connect to Martinsburg Pike (Route 11N). The spacing requirements for
entrances on arterial highways with speeds greater than 35 miles per hour is 200 feet.
Mr. Maddox has provided the Planning Commission with a copy of a preliminary commercial
development plan for this site. The proposed new commercial entrance indicated on this plan
is less than 200 feet from the existing commercial entrance. However, the entrance is located
in a position where left turn movements are not possible. Staff recommends that the Planning
Commission allow the new entrance to be located as indicated on the preliminary development
plan.
1) North 1.0t](J(1nn SH -CCI P-0. lik)� 001
Winchcslcr. VA 22601 Winclics(cr. VA 22004
gilbert w. cli f ford & associates, inc.
200 North Cameron Street • Winchester, Virginia 22601
703-667-2139 • Fax: 703-665-0493
i"arch 15, 1994
Mr. Robert Watkins
Frederick County Planner
P.O. Box 601
Winchester, Virginia 22604
Re: Holtzman Oil Company
First Virginia Bank
Route 11 North
Dear Bob,
Thank you for our talk on Friday regarding this project. The developer
intends to purchase the available land around the First Virginia Bank branch
and construct a complex of convenience store and fast food on the site. This
complex will result in a net investment of about $1.8 million and generate
annual sales of $4.5 million and employee 55 people. Attached is a sketch
showing a preliminary layout.
In order to proceed an interpretation or variance needs to be obtained
from the Planning Commission. Paragraph 165 -25P -B-1 of the Frederick County
Zoning Ordinance allows entrances on arterial highways which have less
spacing than required if left turning movements are restricted.
We
appreciate your efforts
to
bring this question before the Commission
for discussion
and to request the
Commission to assign administrative review
authority
to staff in order that
this
project can move to implementation this
summer.
We understand that
this
will be heard as an agenda item at a
Planning
Commission meeting on
the
earliest date possible.
Thank you for your assistance.
cc: Mr. William Holtzman
Since l 1 oury,
`E. Madd x, Jr., ISE., Vice President
Gilbert W. Clifford & Associates, Inc.
GS Rta It ,yaro
a
R IESTERN 80
a Supremo Block —�
¢ood
�O,�f\ /
ool—
Exxon
Donn
Gilbert R*Clifford and Associates, Inc. ROUTE It NORTH
Awl CONYBMk DEVELOPMENT PLAN
or •�'vr� v wM v��ar.�"eew
erk•
aos eaeu.»»
P/C Review Date: 4/06/94
CONDITIONAL USE PERMIT #001-94 -
GOD'S GLORY LAND
C/O THOMAS G. ADAMS
LOCATION: Fronting on the northwest side of Route 704 (Back Creek
Road, 3.3 miles southwest of Gore
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER 37-A-45, 37-A-46, 37 -A -46A, and 37 -A -46B
PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas)
Land use - Residential & Vacant
ADJOINING PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas),
Land use - residential/agricultural
PROPOSED USE: A Church retreat--�✓wo lodges, three retreat cottages,
one staff cottage, two bath houses, two pavilions, twelve one -room
cabins, one pool, snack bar and game room, one chapel, one field
house, one sewage treatment plant.
REVIEW EVALUATIONS:
Virginia Department of Transportation: No objections to a
conditional use permit for this property. However, prior to
operation, entrances will have to be constructed/ upgraded to
meet minimum VDOT sight distance and design requirements. Prior
to making any final comments, this office will require a
complete set of site plans which detail entrance design,
drainage features, and traffic flow data from the I.T.E. Manual,
4th Edition for review. Any work performed on the State's
right-of-way must be covered under a land use permit.
Fire Marshal: See attached letter to Thomas G. Adams from Doug
Riracofe, Fire Marshal, dated February 11, 1994.
Inspections Departments Building shall comply with the Virginia
Uniform Statewide Building Code and the BOCA National Building
Code/1990. Other codes that apply are Title 28 Code of Federal
Page 2
Regulation, Part 36 Nondiscrimination on the Basis of Disability
by Public Accommodationw and in Commercial and Residen al
Facilities. Please check 41l
for ADA and sprinkler requirement
(exception A-4, chapel). Locate ADA parking on site plan.
(Plan for Use Group classification of buildings).
Health Department: The regulations which are implemented by the
VA Dept. of Health only supervise and regulate systems for
individual single family dwellings with a flow of less than or
equal to 1,000 gallons per day. Please contact Larry Simmons of
the Dept. of Environmental Quality in reference to this project.
See attachment from the Dept. of Environmental Quality.
Planning Department: This proposal is for a religious retreat
that will cover four separate tracts of land, three of which
already have a residence located on them. Each parcel can only
be permitted to contain one permanent residence. Seasonal
residences for staff members may be permitted as accessory to
the primary use. Since the sketch plan indicates that the
existing residences are for staff, residences for those other
than staff will be limited to one per parcel.
This is a very ambitious proposal and if allowed to develop,
will take very careful planning to insure it's success and to
insure that developed uses are properly serviced by the
necessary infrastructure. It will be necessary to have the
water system, sewer system and road system in place prior to
public use for whatever facilities are installed.
The roads will be constructed and maintained by the owner.
Roads must be constructed to have the width and weight bearing
capacity as requested by fire and rescue services. The entrance
will need to be constructed to meet the requirements of the
Virginia Department of Transportation (VDOT). Also, the
developer will need to meet the requirements of VDOT as spelled
out in their comments on this proposal.
The Planning Commission will need to make a determination if the
sewage treatment plant being proposed in is in conformance with
the Comprehensive Plan. The appropriate restrictions will need
to be placed on the facility to insure future compliance if
necessary. The sewage treatment plant, if allowed, will need to
be installed and operating before any public use is permitted on
the property. The sewage treatment plant should only be allowed
to service one parcel of land for this activity. To do
otherwise would violate the intent of the Comprehensive Plan.
The Comprehensive Plan specifically states that "When allowed,
require that small community sewage systems in rural
developments be dedicated to a public authority. Such systems
should not be allowed in areas intended to remain rural into the
indefinite future, including areas west of Interstate 81." The
Page 3
four parcels could be consolidated through the lot consolidation
process. Requiring the complex to he accomodated on one parcel
V 11G
would allow control over the sewage system so that it does not
become a "public" system. All housing, other than one allowed
permanent residence, would be temporary or seasonal staff
housing that is accessory to the retreat activity. The water
system will also need to be installed and operating to provide
adequate fire protection prior to any public use. The water
system will also need to meet the requirements of the Department
of Environmental Quality (DEQ) office of water programs for
installation and operation.
An engineered site plan must be submitted to the County and
approved prior to any construction work on this development. A
plan outlining the phasing or timing of the development must
also be provided in conjunction with the site plan. The County
would reserve the right to inspect and approve all aspects of
the construction and operation before any facilities are placed
into public use.
STAFF RECOMMENDATIONS FOR APRIL 6 1994 PC MEETING: Approval with
the following conditions:
1. That an engineered site plan be presented for approval prior
to any construction or developmental activity taking place.
This plan will be formally reviewed by the Planning Commission.
2. That final County approval be received for all phases of the
construction and prior to the placement of any facilities into
public use.
3. Non -staff housing will be restricted to one residence per
parcel.
4. The use of the sewage treatment plant will be restricted to
one specific parcel.
5. All applicable state agencies must review and approve all
aspects of the proposal prior to placing any facility into
public use.
6. All review agency comments must be complied with prior to
public use of these facilities.
7. This use shall comply with all other requirements of the
Rural Area Zoning District.
COUNTY OF FREDERICK, VIRGINIA
FIRE MARSHAL'S OFFICE
LAND DEVELOPMENT COMMENTS
Control No. 0202941070 Date Received 020294 Date Reviewed 021194
Applicant Name Thomas G. Adams
Address _ 3632 Valley _Pike
Winchester, VA 22602
Project Name God's Gloryland, Inc.
Phone No. 703-869-3100
Type of Application C.U.P. Current Zoning RA
1st Due Fire Co. 14 1st Due Rescue Co. 19
Election District Back Creek
RECOMMENDATIONS
Automatic Sprinkler System Residential Sprinkler System
Automatic Fire Alarm System Other
Emergency Vehicle Access;
Adequate Inadequate X Not Identified
Fire Lanes Required; Yes X No
Comments See Attached.
Roadway/Aisleway Widths;
Adequate X Inadequate Not Identified
Special Hazards Noted; Yes X No
Comments See Attached.
- Continued -
w z
w �
ti�RE RESCUE
VIRGINIA
Thomas W. Owens
Director
Thomas G. Adams
3632 Valley Pike
Winchester, VA 22602
Re: God's Gloryland, Inc.
Conditional Use Permit
Dear Mr. Adams,
COUNTY OF FREDERICK, VIRGINI:�
FIRE AND RESCUE DEPARTNIEIN
9 N. Loudoun Street, 2nd Flu.
Winchester, Virginia 220
February 11, 1994
Douglas A. Kira40i
Fire Marshal
I have completed my review of the Conditional Use Permit
Application for God's Gloryland located on Rt. 704 in Frederick
County.
Since the mid 1970s there has been a migration of people
from cities and urban areas back to the woodlands and rural
areas. Homes, recreational areas, and large camps have been
built in increasing numbers in the "Urban Wildland Interface"
areas of our state. The fire service has learned a hard lesson
in dealing with fires in these areas, that being, the
ineffectiveness of conventional firefighting techniques in the
wildland environment. As a result of these lessons we approach
new developments of this nature with a strong emphasis on fire
prevention and building an infrastructure conducive to fighting
wildland fires.
For that reason, I am asking for the following conditions as
contingencies for approval of this application:
1. A second and independent point of access is needed. This
limits the chance of fire blocking access to the site and
evacuation from the site. Two egress points also enable
ingress by the fire dept. as evacuation of patrons is taking
place.
2. Install a warning signal or siren of some type that can be
an emergency signal for all patrons to assemble at a
determined point or evacuation. This would be used in
accordance with the emergency response plan. (Item #3)
rte•
DIRECTOR - (703) 665-5618 FIRE MARSHAL - 1703) 665-6350 FAX - (703) 678-0b82
Thomas G. Adams
February 11, 1994
Page 2
3. Establish an emergency response plan for assembly or
evacuation of patrons in the event of a fire, storm, or
other emergency. This should be coordinated with the Fire
and Rescue Dept. and the Gore Volunteer Fire Co. This plan
must be thoroughly understood by all staff members.
4. All roads must have a minimum width of 20' with an all
weather surface capable of supporting a 20 ton vehicle. The
canopy clearance of these roads must be a minimum of 13'6"
at all times and roads must be constructed with no more that,
a 150-. grade.
5. All occupiable structures on the site must have addresses or
numbers and a plan showing these numbers must be given to
the Gore Volunteer Fire Company and the Fire and Rescue
Dept.
6. Provide a 20' all weather access to the existing pond on the
southern corner of the property. At this location a dry
hydrant should be installed to facilitate water supply for
firefighting.
7. All structures, including retreat cottages, staff cottages,
pavilians, and bath houses must have a 30' perimeter of
"green space" kept clear of combustibles at all times to
give the fire dept. a defensible space.
8. Buildings cannot be constructed on poles with open
foundations. This eliminates the potential for leaves and
other fuels to accumulate beneath buildings.
9. Any buildings in which patrons will be sleeping must be
equipped with working smoke detectors at all times during
occupancy.
10_ At a location easily accessible by staff, fire fighting
tools such as shovels, rakes, and axes must be stored. This
should be coordinated with representatives of the Virginia
Forestry Dept. along with some training in forest fire
suppression.
11. There must be very strict rules and enforcement of the rules
on outside camp fixes and bon fires. Staff of this facility
must be aware of these rules as well as patrons utilizing
the facility.
Thomas G. Adams
February 11, 1994
Page 3
By adhering to these conditions, the rural asthetics of this
site can be maintained while making the site conducive to
effective fire fighting operations.
The Fire and Rescue Dept. will be a willing partner in pre-
planning and training for your staff to ensure the highest level
of life safety.
Should you have any questions, please do not hesitate to
call me.
Sinc,erely,
Douglas A. Kiracofe
Fire Marshal
DAK:jlc
CC: Frederick Co. Planning Dept.
Fred Burlingame - Chief Forest Warden, Frederick Co.
Steve Holiday - Chief, Gore Vol. Fire Company
File
FR:UI'I HL,::, F 1 E EF--' UiaH— F' H J Uk U
GOD'S GLORYLAND
P RP E
The purpose of this study Is to investloa_te the alternatives to rrovide water and 'AT-ste-water for
God's Gloryiand. The study provides a preliminary analysis of the water demands and requirements to
be met based on the first phase and ultimate number of occupants of the retreat A preliminary analysis
of the wastewater effluent limits and the required treatment to meet the limits is also included. The study
provides a cost estimate for each recommended alternative.
This study is being prepared for Mr. T. G. Adams to meet the requirements of the Conditional
Use Permit for this project.
SITE DESORIPTION
God's Gloryland Is located In Frederick County on the west side of State Route 704
approximately 4 miles southwest from its intersection with State Route 50. The site contains
approximately 88 acres of mostly wooded land. Back Creek meanders along Route 704, the front of the
property.
WATER SYSTEM
EXISTING:
There are currently two wells on the site both of which serve a single resident Information
provided by the well driller note that one well is 320 feet deep and has a yield of approximately 4 gallons
per minute.
PROPOSED:
The water demand for the site development based on the 'Waterworks Regulations' Is as
follows:
Daily consumption rate for Resorts and Camps = 50 gpd
1 st phase development of 100 persons = 5,000 gpd
The equivalent residential connections (ERC) = 5000/400
The equivalent residential connections (ERG) = 12.5
Weil yield (min) - 0.5 GPM x ERC
Well yield (min) - 0.5 GPM x 12.5
Well yield (min) = 6.3 GPM
Storage Capacity - 200 GAL_ x ERC
Storage Capacity = 200 x 12.5
Storage Capacity - 2,500 GAL
Ultimate capacity @ 350 people = 17,500 GPD
ERC = 17,500/400
ERC = 43.75
Well Yield = 0.5 x 43.75
Well Yield = 21.8 GPM
r;�
Storage Capacity = 200 GAL X ERC
Storage Capacity = 8,750 GAL
RECOMMENDATIONS:
The requirements for the 1 st phase of development provide for a well yield of 6.3 gallons per
minute and a storage capacity of 2,500 gagons. The future needs of the project require a well
produk—"ion,� of 22 gallons per Minute -and a .s!orage capacity _f 8,750 gallons,
The well driller estimated that a well located in the lower areas of the site could effectively yield
greater than 20 gallons per minute. One good producing well could provide the capacity for the ultimate
capacity.
• It is recommended that a 10,000 gallon storage tank be Installed during the 1st phase of
development to provide for the future demand. A new well has to be drilled to provide the required Row.
This well may be adequate for the ultimate.
FIRE PROTECTION
Fire protection for the facilities is an essential part of the operation. The Fire Marshal, in his
report, required that a dry hydrant be installed at the existing pond along Route 704. This would be an
excellent way of providing fire protection at a fairly low cost. An alternative method is to provide water
storage through the domestic water system. This would require enlarging the 10,000 gallon storage tank
to as much as 20 to 25,000 gallons. This alternative method will be costly to provide.
WASTEWATER
The wastewater treatment alternatives Include either subsurface absorption fields or a packaged
treatment plant.
Information gathered from the county sanitarian indicate the exlsting soils are marginal. The
majority of the site is shale rock with shallow soil depths. There has been a permit issued for a septic
system for two lots on this site. The county has also denied a permit for several other sites. It appears
that a mass drainfield to serve this project may not be feasible since there is insufficient area of suitable
soil.
A packaged wastewater treatment plant will have to be constructed to serve the project. Back
Creek is very pristine and will require a high quality of discharge into the stream- The preliminary
effluent limits that were estimated by the Department of Environmental Quality office In Bridgewater are
more stringent that secondary treatment (15 to 25 mg/I BOD & S.S.). The ammonia limit should be
between t and 3 mg/l.
The proposed wastewater treatment plant should be an extended aeration plant sized for 10,000
gallons per day with components to meet the nitrification requirements.
COST ESTIMATE
The capital cost for the recommended systems are discussed below. These costs are very
preliminary and will require additional review when the actual discharge limits are established and a well
Is drilled.
Well Water System: The cost Includes a wail, pump house, associated waterlines
and a 10,000 gallon storage tank.
Estimated Cost: $50,000 to $60,000
-= --- -- - - FN„F,�,t-,t
MAR 8 94 10 : '13Q FROM -'1STIN-BR0CKENBROUGH-
PA6E . 005
Wastewater Treatment Plant: The cost includes a 10,000 gallon a day mended aeration plant
with nitrification, a discharge line and any laboratory equipment,
Estimated Cost: $150,000 to $175,000
�uL1111LLal DCddllne
P/C Meeting
bGj McCtiny
APPLICATION FOR CONDITIONAL. USE 2E1cMIT
FREDERICK COUNTY, VIRGINIA
1. Applliclnt (The applicant if tha X ownar atn+•r)
ADDRESS: 3632 Valley Pike Winchester, Va. 22n02
TELEPHONE h09-19OO(ofc) 8b9 -3100(h)
2. Please list all owners, occup4AnLa, or parLles In 1nL..r4.ac ur
the property:
Thomas C. Adams
Rosalie F. Adams
Alice M. Fox
3. The property is locaLGd at: (plcusc ylve CXatrL tllrtst,:LIClGa. 4JW
include the route number or your ro"u or street)
Frontinf, northwest silo of Rouro 704 (back Craik 1{uu d)
1 mi l p4 Sn,iChW,> ;1 C) F (.i,ry
4. The property has a road frontage of 1544' _ rsgst. ana 4
depth of 2300' te4t anu oonalaca of 85.86b 4or+sa..
(Please ba exact) in d68re6nte
5. The property is owned by Thom" -s G. Ad"m-? . UL A I L, 44D
evidenced by need from b e e revc-cso recoraa%a
(pravious owner)
in need book noon page , as r= -cora" in LA.m
records of the Clerk of Le Circuit Court, County of
Frederick.
6. 14 -Digit Property IaenLlflcaLlon too. 37-A-45, 4o,
Magisterial DiSLricL Back Cce,�k
Current Zoning 1:-A
7. Adjoining Property:
UAL .:vIJ 11 J%L
North Res i JL*nr i 1 /Aorip
East jiN.i,l -n idl /Av.ri3_ L' -A
South RPsidentiAl_/Ailrio. R -A
West ��Sidenti_�� Aim= k -A
0
16,623 ,,Acres by Deed book 099 Page 50
:ruin Billy R. Presley, LC Al.,
ii. Parcel 37-A-46 57.229 Acres remjining portion of Deed huok 535
from Thomas M. Dickinsun, Jr. a Joseph A. Mu55ie, Jr.
Special commissioners
iii. Parcel 37 -A -46A 5.b14 Acres by llued b:iuk 7Ps, L•' 457
grow 'Tliuwas GAd. Addws, L Al.-,.
iv.` Parcel 37-A-4bb 5.uuo acres c)y Deed buok 7nb Pa�,u 311
i rum Thomas G. AdawS, EL A15
85.6b6 Acres 'Total
8. The type or use prQPQsi- t 15 (con—ic with tnw Vlannlny Dvk., ..
betarrs coropleriny1t" r , r
t
*9. It is proposed that the following r,uildings will
constructed: l c�cl ryls _ I ri-t rr_ I t ,I -Fr
2 -bath houses 2 paviIIions, 12 onu colon k.*"L).1r151�
bar & game roo111, 1 Cha2ul. 1 field_ C1:c!jLu.,-iJ ulll.t
8 teepees or A -frame cabins
10. The following are all or the inctiviauals, flr,sam, at
corpordtiony owning property ao3uoent to bock si"es, rwar ana
in front. of (also across stre=c from) the property wr4arrr
requested use will be conductec. (Continue on bacx it
necessary.) Thcsc people will bC notified by mail of UXIA
application: (pLEASe LIST C01dYLLTk; li-DI_GIT Nuril ",_
NAME
* These units may be subject to revision when detailed site plans
are prepared.
1403 11unters Mill Rd. -^
Aadre�s
ViellllLtVa. 2211do
property
IDS
'i7
James C. Hayes, Et Al
-A-37 _ -
Address
1600 Pondview 1)r.
Wirlcllostzr. Va. 22b01
Maurice W.
Eckman
Property
ID,i 37-A_47 _
Address
Rt. 1 box 156
India K. &
Norltrarn K.
Jones
property
IL't ,
tiodres5
Kc. 2 Box 78A
genwyn T. Triplett
property
IDO
1936 Back Creek Rd.
Address
Core VL -1- __637
William A.
Shores, Et U
property
IDw 37_A-44
�.
Address
7509 Gdry Rd.
Carolyn G.
Chappel
property
IDS
C/o Bolt
Realty
17-o-27 u _o
* These units may be subject to revision when detailed site plans
are prepared.
12. Additional ccn,iucnLi, ii any:
I (we) , the unaarsigned, do here:t�)y rCapGetrully ma4e applicaL.Lon
and petition the governing body of rre:dzricx County, Virginia CG
allow the use describe a in this application. I unde^r>tand tnat tam
sign issued to me when this application is sunmitted must bo placAad
aC the front property line at least ;;.=vv --n (7) days prior to for
first public hearing and maintained so as to be visible uncil Attrt
the Board of Supervisors' public haariny. Your applic4tion ror a
Cpnditional Use Permit authorizes any member of the Fraaar i"
Cpunty Planning Commission, Board of suNervisors or Planning and
Development Department to inspect your property waaru they propo,.rd
use will be conducted.
/
�1 2
Signature of Applicant !f I
Signature of Owner
Owners' Mailing
Owners' Telephone No.
USE CODE:
RENEWAL DATE.
3632 Valley PIL! Wi-tictio.srel' V,L. 2ou_
869-1900(old bb9-3100(h)
Il
lif[ol
Zg 58
MIN
I/ 17
r
u' 30
414 7
1 29 28\ 27
18 /~--—
25 126
37
CUP — # 001-94
God's Glory Land
65
WO
M.
22
37—A-45, 46, 46A, 46B
12
Phone: 869-1900
Mr. & Mrs. T. G. Adams
ECHO VILLAGE MOTEL
3632 Valley Pike WINCHESTER, VA. 22602
3�/2 Miles South on U. S. I 1
March 24, 1994
Marjorie H. Copenhaver
John R. Marker
Representatives to Back Creek District
Frederick County Planning Commission
Dear Ms. Copenhaver and Mr. Marker:
I have made application for a Conditional Use Permit for property in your District.
is for this reason I am enclosing a statement which I believe you will find self—
explanatory.
I am sending a copy of this letter and statement to Mr. Golladay, Chairman, and
other members. If you or they have any questions please call me at 869-1900 or my home
869-3100.
I will appreciate any and all considerations you and they may give this matter.
Yours very sincerely,
T. G. Adams
Statement
Concerning
God's Glory Land
Thomas G. Adams, Rosalee F. Adams and Alice M. Fox own land, the former home
property of Rosalee F. Adams and Alice M. Fox, located 3.3 miles south of Gore,
Virginia and fronting on Route 701 in Back Creek District. Knowing it would have been
the desire of their parents to see this property developed and used for Christian
purposes they wish to fulfil this desire by the developing of God's Glory Land to
provide facilities for churches, other Christian Organizations and individuals to
use for spiritual refreshment, recreation, and encouragement during Conventions, Soul
Winning Clinics, Bible Study, Seminars, Gospel Missions and other religious functions,
and to provide gifted and called Men of God who have a message for today's Christian
Generation, assist local churches in Spiritual growth, evangelism, and financial support
for foreign mission fields, and will be willing to assist any group or church who may
or may not have trained Counsellors.
P/C Review Date: 4/06/94
CONDITIONAL USE PERMIT #002-9.4
BOYER LANDSCAPING, INC.
C/O LEWIS A. BOYER, II
LOCATION: Route 277 East (Fairfax Pike), fourth house on the left
after the intersection of Route 277 and Route 636
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBER 86-A-1.59 & 160
PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas)
Land use - Landscaping Business
ADJOINING PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas),
Land use - residential and vacant
PROPOSED USE:
REVIEW EVALUATIONS:
Virginia Department of Transportation: No objections to a
conditional use permit for this property. However, we
respectfully ask the County to withhold approval until the owner
makes satisfactory permit application to VDOT for the
construction of a standard commercial entrance to serve the
business. We indicated during the original review for a CUP for
this location in June 1992, a commercial entrance would be
required. The entrance has yet to be constructed. The existing
private entrance on the east side of the property will be
adequate to serve the single family rental home only.
Absolutely no business related traffic can be allowed to use
this private entrance.' The on -premise sign may require an
outdoor advertising permit from our Staunton District
Environmental Section. Applicant will need to contact Larry
Curry for determination.
Fire Marshal: 20' access to rear area must be maintained at all
times for emergency vehicles. Additional area should not
adversely effect fire and rescue resources. Access must be
maintained all times.
Page 2
Inspections Department: Building shall comply with the Virginia
Uniform Statewide Building Code and Section 308, Use Group M
(Mercantile) and Section 303, Use Group B (Business) of the BOCA
National Building Code/1990. Other codes that apply are Title
28 Code of Federal Regulation, Part 36 Nondiscrimination on the
Basis of Disability by Public Accommodations and in Commercial
Facilities. All buildings accessible to the public shall meet
the building code and be permitted, non -accessible buildings can
be agricultural exempt. Permits required for change of use on
existing residence to Business Use Group. Floor plan must be
submitted.
Health Department: See attached letter dated March 11, 1994, to
Lewis A. Boyer, II, from Gregory M. Lloyd, Environmental Health
specialist.
Sanitation Authoritv: Water is available, sewer is not.
Planning Department: Applicant received CUP approval for his
existing landscaping business on September 9, 1992. (CUP #010-
92) This application is requesting expansion of the business
onto an adjoining lot to the east of the operating location.
Applicant has advised that he now owns parcels 159, 159D and
160. The internal property lines to these three parcels will
need to be respected for proper setbacks. This can be
eliminated by combining the three parcels into one. This will
give much more flexibility to the use of this land.
Virginia Department of Transportation (VDOT) comments for the
original CUP required that a commercial entrance be installed
for this property and use. This entrance has not yet been
installed. The applicant has also been very slow in completing
the requirements of his approved site plan. The VDOT comments
for this current application reiterates the requirement for the
commercial entrance and states that absolutely no business
traffic will be permitted to use the private entrance for the
residence on parcel 160. VDOT has requested that the County
withhold approval of this request until applicant makes
satisfactory permit application for installation of a standard
commercial entrance. We have been advised that this permit has
been applied for and issued.
If this application is approved, the original site plan should
be revised to include the expansion area. Staff feels it would
be reasonable to require the applicant to complete the
requirements of the site plan in a specified period of time.
In his application, the applicant has requested approval of
several specific items as follows:
Page 3
1. Request increase in allowed sign size from 2' X 4' to 3' X
5'.
2. Addition of 1.95 acres on east side of existing site to be
used for a rental residential unit and storage of planting
materials and equipment as indicated on diagram.
3. Request an increase in the number of employees from 2 to 4.
4. Request an increase in the number of off-site employees from
3 to 8.
Staff has no objections to any of these items and is not aware
that the number of employees was ever restricted. The permitted
sign was restricted to 8 square feet in the original permit in
recognition of the neighborhood. It is our opinion that a sign
of 15 square feet in size would be acceptable.
STAFF RECOMMENDATIONS FOR APRIL 6, 1994 PC MEETING: Approval with
the following conditions:
1. Any change in use or expansion of this use shall require a
new permit.
2. No more than one sign shall be allowed and it shall be
limited to 15 square feet in size.
3. A revised site plan must be submitted and approved.
Requirements of the site plan must be completed within 6 months
of the final approval date of this permit.
4. The commercial entrance must be completely installed and
approved within 30 days of the final approval of this permit.
5. If allowed to continue in existence, internal lot lines must
be honored with proper setback restrictions.
6. All review agency comments must be addressed and requirements
completed in conjunction with the completion date of the site
plan requirements.
R VEST FOR CONDITIONAL USE PERMITS COMMENTS
Frederick -Winchester Health Department
Attn: Sanitation Engineer
P_C7_ Box 2056
Winchester, Virginia 22604
(703) 722-3480
The Frederick -Winchester Health Department is located at the
intersection of Smithfield Avenue and Brick Kiln Road, if you
Prefer to hand deliver this review form
Applicants name, address and phone number:
"htLGA5 The .Q . L30X 787
+VC4 703 No 7`f)
Name of development and/or description of the request:
• Mae / e
r
Health Department Comments:
Health Signature and Date:
(NOTICE TO HEALTH DEPT. PLEAS R URN THIS FORM TO APPLICANT.)
NOTICE_TO APPLICANT
It is your responsibility to Complete this form as accurately as
possible in order to assist the agency with their review. Also,
please attach a copy of your application form, location map and all
other pertinent information.
Lord Fairfax Environmental Health District
., 800 Smithfield Avenue
let
K. Winchester, Virginia 22601
.i4. (703) 722-3480 FAX (703) 722-3479
�•;,,,e
Courufef nf.' Clarke, Frederick, P,7ge, Shenandoah, if'arren, and City of Win(.'he•S1er
Lexis A. Boyer II March 11, 1994
c/o Boyer Landscapes, Inc.
P.C. Box 787
Stephens City, VA 2655
RE: Conditional uae permit comments for landscape business
1) Public water is provided for the project.
2) The existing septic system is adequate for the requested use of 4
onsite employees and 8 off-site employees.
3) This comment does not guarantee that this system will function properly
in the future- the owner- is responsible for any repairs that may
become necessary. Owner has been informed that if existing septic
system requires major repairs, the Health Dept. may require hook-up
to public serer if available, or use of alternative sewage disposal
methods. This is due to the poor soils in this area of RT, 277.
4) These comments do not address the drainfield serving the rental unit.
It comments are required for the rental unit, then further
evaluation would be required. Owner would have to make a written
request for an existing system evaluation (use standard application
form; no fee), then at a minimum uncover the components of that
system for Health Department observation.
Please contact me if you have any questions.
CC: Frederick County Zoning Administrator r:
Health Dept. files
Thank you,
Gregory M_ Lloyd
Environmental Health Specialist
11
//'1HOF
DFPARTmtNT
HEALTH
Pmht f- V— and Ynu. fnr,n+�m(v+i
Submittal Deadline
P/C Meeting
BOS Meeting
APPLICATION FOR CONDITIONAL USE PERMIT
FREDERICK COUNTY, VIRGINIA
1' ge- 14 11 1914g'
9 Q �yv
fit'- /q9/
1. Applicant (The applicant if the X' owner other)
NAME: Le.�.J lS lA- I
ADDRESS : I� �Os FG I I -Fa X PJ k< N 4 i f e p3 T VGi %fin 3
TELEPHONE 7y3 06 9 ZOJTI
2. Please list all owners, occupants, or parties in interest of
the property:
Leviis A- $ever iZ
3. The property is located at: (please give exact directions and
include the route number of your road or street)
Kos1re a--17 2451 Ta�rr,,t tfoic e or f e 'F a'�T�Y TIS¢ lh S-ec� I �h
o X77 � 0-S,
4. The property has a road frontage of I 41 feet and a
depth of 73q feet and consists of 3,� acres.
(Please be exact)
5. The property is owned by LeLj 15 A. go ar -Z as
evidenced by deed from 2,)F -T1 -1Y AtJD w roN recorded
(previous owner)
in deed book no. 3 4 on page 539 , as recorded in the
records of the Clerk of the Circuit Court, County of
Frederick.
C2
14 -Digit Property Identification No.
Magisterial District Al,J tiJL--E-
Current Zoning
7. Adjoining Property:
ZONING C
ryov
A-
USE
North
VACAn"r
East
f aIDEnnArL
South
L.6 IJ71✓nT/AM-
West
t�eS lb'4,'r1At
ZONING C
ryov
A-
a. The type of use proposed is (consult with the P1 nning Dept.
before completing) elockfloh of -� x ist� hg Iasi CO' x
('p1.�"heCt�•� b�1SIH-CSS
9. It is proposed that the following buildings will be
constructed: WOe'o-
10. The following are all of the individuals, firms, or
corporations owning property adjacent to both sides, rear and
in front of (also across street from) the property where
requested use will be conducted. (Continue on back if
necessary.) These people will be notified by mail of this
application: (PLEASE LIST COMPLETE 14 -DIGIT NUMBER.)
Iii 10
v L�
Address ?.o . 50)e `f `1 ST• C( T�(
Vq 2-7,L- '
Property ID# 8 Uv M S(o
6�ynn
Address
f05
3,11 5'('_ C I TY VC,22�
Property ID# S G A (s$
G
• �ObT
Address
Yt-r f
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I (we), the undersigned, do hereby respectfully make application
and petition the governing body of Frederick County, Virginia to
allow the use described in this application. I understand that the
sign issued to me when this application is submitted must be placed
at the front property line at least seven (7) days prior to the
first public hearing and maintained so as to be visible until after
the Board of Supervisors' public hearing. Your application for a
Conditional Use Permit authorizes any member of the Frederick
County Planning Commission, Board of Supervisors or Planning and
Development Department to inspect your property where the proposed
use will be conducted.
Signature of Applicant
Signature of Owner
Owners' Mailing Address
if 0. 90 V 2#7 .57 G,pkZj,,, f C 17z VC, q� &S57-
Owners' Telephone No. �Q�j U('? 265D
TO BE COMPLETED BY ZONING ADMINISTRATOR:
USE CODE:
RENEWAL DATE:
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P/C review date: 4/06/94
REZONING APPLICATION #001-94
NEGLEY CONSTRUCTION
C/O Matt McHale
To Rezone 2.5 acres
From B3 (Industrial Transition District)
To B2 (Business General)
LOCATION: Off of Route 11 on Welltown Road, behind Days Inn and
Econo Lodge
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER: 43-A-52
PROPERTY ZONING & PRESENT USE: Zoned B3 (Industrial Transition
District), present use - vacant
ADJOINING PROPERTY ZONING & PRESENT USE: M-1 (Light Industrial)
and B-2 (Business General); land use - industrial park, motel, gas
station, and Blue Flame Gas Co.
PROPOSED USE: Uses allowed under B2 zoning
REVIEW EVALUATIONS:
Virginia Dept. of Transportation• No objection to the
rezoning of this property. Before development of this
property, this department will require a complete set of
construction site plans detailing entrance designs, drainage
features, and traffic flow data from the ITE Trip Generation
Manual, 4th edition, for review. Any work performed on the
State's right-of-way must be covered under a land use permit.
This permit is issued by this office and requires an
inspection fee and surety bond coverage.
Fire Marshal: Posted fire lanes required at all fire hydrant
and siamese connection locations. Fire lanes may also be
required on buildings in accordance with B.O.C.A. Building
Code. See attached letter, dated February 9, 1994, from Doug
Riracofe, Fire Marshal, to Matt McHale, Colony Realty.
Sanitation Authority: Water is available. Sewer will be
provided by the City of Winchester.
City of Winchester: No comment.
County Engineer: We have no comments at this time. A
thorough review will be made at the time of site plan
Page 2
Negley Construction
submittal.
PLANNING
Location: The property is within the UDA and adjacent to an
interstate interchange area and an existing industrial park.
Site Suitability: The property is generally level and open.
The site to be rezoned has frontage on Route 661 (Welltown
Road). Water and sewer are available to the property.
Potential Impacts: There would be little anticipated impact
to the area resulting from the proposed rezoning. The County
Impact Model indicates that the anticipated costs for the
portion of Fire and Rescue services not already funded by the
County would be $1,331.09 for this site as presently zoned.
The cost for the site under B-2 zoning would be $1,376.76.
This an increase of roughly $45.00.
STAFF RECOMMENDATIONS FOR 4/06/94 PC MEETING: Given the lack of
anticipated impact of the rezoning the staff recommendation is for
approval.
Z
'o E RESCUE
I� VIRGINIA
Thomas W. Owens
Director
Mr. Matt McHale
c/o Colony Realty
112 N. Cameron Street
Winchester, VA 22601
Ref: Negley Construction Rezoning
Dear Mr. McHale:
COUNTY OF FREDERICK, VIRGINIA
FIRE AND RESCUE DEPARTMENT
9 N. Loudoun Street, 2nd Floor
Winchester, Virginia 22601
February 9, 1994
Douglas A. Kiracofe
Fire Marshal
I have reviewed the information submitted for rezoning Lot
#2 of Negleyland. This is the fifth time I've reviewed this
property for various rezonings, subdivisions, and site plans.
With each review, the placement of hydrants on this site has
become an issue as fire protection is severely lacking. The site
plan for Lot #1 was approved based on incorrect information
submitted to this office in January of 1992. Attached is
documentation from the Frederick County Sanitation Authority and
the Public Utilities Dept., City of Winchester that public water
service is available to this site for domestic use and fire
protection. The lack of hydrants on Lot #1 is to the detriment
of fire protection and will increase the hazards associated with
fire suppression efforts should the need arise.
Through all of these processes, the first commitment this
department has seen towards placing hydrants on this site, is on
the "See's Mercedes Benz" site plan. That site plan is now being
processed and its approval is subject to this rezoning to meet
buffer requirements.
Should a revised site plan be submitted after this rezoning
is complete, the applicant, the owner, the engineer, and any
potential purchaser must understand that no site plan or further
development of this site will be approved by the Fire and Rescue
Dept. unless adequate hydrant coverage is provided in accordance
with Frederick County Chapter 10. Further, the hydrant shown on
the existing site plan must be in place and in service prior to a
Certificate of Occupancy being issued.
DIRECTOR - (703) 665-561; FIRE MARSHAL - (703) 665-6350 FAX - (705) 678-0682
Mr. Matt McHale
February 9, 1994
Page 2
The current site plan shows a 1" domestic water line to the
See's Mercedes Benz Building. If a spray painting operation is
anticipated in this facility, a 1" water line will not be
adequate to supply the sprinkler system that will be required in
a spray painting booth. I would suggest an evaluation of future
water needs in the building prior to installing the domestic
water line.
In closing, comments from Clear Brook Volunteer Fire and
Rescue Company are to be considered addendums to these comments.
While I realize, some of the issues I've addressed here are not
related to the rezoning application, the issue of hydrant
coverage on this site has been a frustration since the first
review in August of 1991. Through this correspondence, all
involved parties will know the position of the Frederick County
Fire and Rescue Dept.
know.
Should you require additional information, please let me
Sincerely,_
Douglas A. Kiracofe
Fire Marshal
DAK : j lc
Attachments: Site Plan Comments 02/19/92
Memo to File 05/20/93
Letter to Planning Commission 06/28/93
F.C.S.A. Letter 07/06/93
City of Winchester Letter 07/12/93
Memo to File 09/17/93
CC: Frederick County Board of Supervisors
Frederick County Planning Commission
Kris Tierney, Deputy Director Planning Dept.
Paul Negley, Owner "Negleyland"
John C. Lewis, Engineer "Negleyland"
File
REZONING APPLICATION FORM
FREDERICK COUNTY, VIRGINIA
-------------------------------------------------------
To be completed by Planning Staff:
Zoning Amendment Numberpj -q4 Date Received-Ph/17V
Submittal Deadline a -y-9t/ Application Date e—,
PC Hearing Date 3,2--9�1 BOS Hearing Date
-------------------------------------------------------
The following information shall be provided by the applicant:
All parcel numbers, tax map numbers, deed book pages and numbers
may be obtained from the Office of the Commissioner of Revenue, 9
Court Square, Winchester.
1. Applicant: (1-7�-7� /
Name: JV G L. C C0AL5Tk,64,---7-1'
/U
Address:
14 rn� U Iq (E
2 �. C ►'11 C�vJ sus ELT �- �l LLE 5-� 2r q Z ?tea l
Telephone: '-703 R rl f 0
r) O 3 (� Ca 2. - v 3 a3 m� 7 -7J me (r n ( �
2. Owner:
Name: A/ & C9
Address:
6-42 ':�25LE-,f 2 Z 0 /
Telephone: Z o 3 (o SOS a `-( l
In addition, the Code of Virginia allows us to request full
disclosure of ownership in relation to rezoning applications.
Please list below all owners or parties in interest of the land to
be rezoned:
5
3. zoning change: It is requested that the on.in of the property
be changed from to
4. Location: The property is located at (give exact directions):
--- 95�a�-7"/J�
S. Parcel Identification:
21 Digit Tax Parcel Number: �` 0000x/nV�
6. Magisterial District: L/,-
7. Property Dimensions: The dimensions of the property to be
rezoned.
Total Area: :;7, Acres
The area of each portion to be rezoned to a different zoning
district category should be noted:
Acres Rezoned to
Acres Rezoned to
Acres Rezoned to
Acres Rezoned to
Frontage: Sod Feet S F- E f? o
Depth: A&3, a 4 Feet i tz(; e. 'LA 1 �v
8. Deed Reference: The ownership of the property is referenced by
the following deed:
Conveyed from: D 41
Deed Page: � 3�
Deed Book Number: —1(p pZ
2
9. Proposed Use: It is proposed that the property will be put to
the following uses.
N
10. Checklist: Check the following items that have been included
with this application.
Location map
Survey or plat
�`—
Deed to property
Statement verifying taxes
�—
Sign receipt
Agency Comments
Fees
Impact Analysis Statement
Proffer Statement
11. signature:
I (we), the undersigned, do hereby make application and
petition the governing body to amend the zoning ordinance and
to change the zoning map of Frederick County, Virginia and do
hereby certify that the application and accompanying materials
are true and accurate to the best of my (our) knowledge.
Applicant:
Owner:
12. Representation:
If the application is being represented by someone other than
the owner or application and if questions about the
application should be directed to that representative, please
list the following. /
Representative's Name:
Representative's Phone Number:
7
ADJOINING PROPERTY OWNERS
Owners of property adjoining the land will be notified of the
public hearing. For the purposes of this application, adjoining
property is any property abutting the requested property on the
side or rear or any property directly across a road from the
requested property. The applicant is required to obtain the fol-
lowing information on each adjoining property including the
21 -digit tax parcel identification number which may be obtained
from the office of the commissioner of Revenue.
0
Address
-]Name
and Property Identification
1 Winchester North Inc.
Address:
11841 Canon Blvd.
New Port News, VA 23606
Property
ID: 43000 A000000O00000500
2 Penbern Winchester
Address:
1509 Martinsburg_ Pike
c/o Days Inn
Winchester, VA 22603
Property
ID: 43000 A000000O0000050A
3 Paul D. Muldowney
Address:
P. 0. Box 478
Hagerstown, MD 21740
Property
ID: 43000 A000000000000510
4 North Stephenson, Inc.
Address:
1800 Martinsburg Pike
Winchester, VA 22603
Property
ID: 43000 A000000O00000530
5 Emma S. Duncan
Address:
Rt- 8, P. O. Box 698
Winchester, VA 22601
Property
ID: 43000 A000000O00000990
6 Poly Processing Co., Inc.
Address:
4009 Old Sterlingston Rd.
Monroe, LA 71203
Property
ID: 430000190000000000170
7 Lenoir City Co. of VA
Address:
P. O. Box 117
Boyce, VA 22622
Property
ID: 430000019000000000020
8 Paul D. Muldowney
Address:
P. O. Box 478
Hagerstown, MD 21740
Property
ID: 430000020000000000A0
9 Johnson's Exxon Corp.
Address-
P. 0. Box 5.3
Houston, TX 77001.
Property
ID: 430000-A0000-0049
10
Address:
Property
ID:
0
IMPACT STATEMENT
A. The site is relatively level, open, and undeveloped.
It is not in the 100 year flood plain.
The soil type at the site is 32B (Oaklet silt loam), a well—drained soil with 2
to 7% slopes.
One would not suspect any bedrock conditions which would create
construction difficulties or hazards.
B. There are no residences on any of the adjoining parcels
To the South is a motel & a gas station.
To the Southwest is a M-1 Industrial Park.
To the North is North Stephenson, Inc.
To the East is Interstate Sl.
C. Traffic: Rezoning from B-3 — B-2, no expectation of
increased traffic.
D. 1,000 gallons of sewage conveyance has been deeded with the land by
Cloverdale, Inc. This is part of the City sewage allotment that was worked
out with the motel and is of record in the City.
E. Water supply: To be supplied by County.
F. The property drains generally toward Route 661 to be handled by a storm
water management pond per site plan.
AMENDMENT
FREDERICK COUNTY ZONING ORDINANCE
ACTION:
Planning Commission
Board of Supervisors
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
#001-94 OF NEGLEY CONSTRUCTION, INC.
WHEREAS, Rezoning application #001-94 of Negley Construction, Inc., was submitted to
rezone 2.5 acres from B3 (Industrial Transition) to B2 (Business General) located off of Route
11 on Welltown Road, in the Stonewall District, and designated by PIN 43-A-52.
WHEREAS, the Planning Commission held a public hearing on this application on April 6,
1994; and
WHEREAS, the Board of Supervisors held a public hearing on this application on ,
1994; and
WHEREAS, the Frederick County Board of Supervisors finds this rezoning to be in the best
interest of the public health, safety, welfare, convenience and good zoning practice;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as
follows:
That Chapter 165 of the Frederick County Code, Zoning Ordinance, is amended to revise the
Zoning District Map to change 2.5 acres from B3 (Industrial Transition) to B2 (Business
General) located off of Route 11 on Welltown Road, in the Stonewall District, and designated
by PIN 43-A-52.
This resolution was approved by the following recorded vote:
Richard G. Dick
W. Harrington Smith, Jr.
Charles W. Orndoff, Sr.
This ordinance shall be in effect upon its passage.
Passed this day of , 1994.
Jimmie K. Ellington
James J. Longerbeam
Robert M. Sager
A COPY ATTEST
John R. Riley, Jr.
Frederick County Administrator
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;gley Construction
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AREA TABULATION
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AREA LOT 1
5.9f'3
ACRES
AREA LOT 2
2.500
ACRES
HS5
STREET DEDIC.
TOTAL AREA
0.475
8.9.44
ACRES
ACRES
FUR,STENAU SURVEYING
STEPHENS CITY, YIRGIN1A 22655
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98.13' 100.0(5' '150.08' — 307700' —?1999'
WELLTOWN PIKE ROUTE 661
DATES JUNE 4. 1993 = F I NRL PLRT
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SCALE: =120• ' NEGLEY LAN
STONEWRLL DISTF
otnt. 01c FREDERICK COUNTY, VIF
2OF3
P/C review date: 4/06/94
REZONING APPLICATION #002-94
THOMAS C. GLASS
To Rezone 2.38 Acres
From B1 (Neighborhood Business District)
To B2 (Business General)
LOCATION: East of Winchester, at the northwest corner of the
intersection of Senseny Road and Greenwood Road
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBER: 55-A-194
PROPERTY ZONING & PRESENT USE: Zoned B1 (Neighborhood Business
District), present use - retail and restaurant
ADJOINING PROPERTY ZONING & PRESENT USE: Zoned RP (Residential
Performance) and RA (Rural Areas) - Land use - residential and
vacant
PROPOSED USE: Limited B2 uses.
REVIEW EVALUATIONS:
Virginia Dept. of Transportation• No objection to the
rezoning of this property. Existing entrances are adequate,
however, should use ever expand in the future they may have to
be upgraded.
Fire Marshal: This rezoning should have no significant impact
on fire and rescue department resources. Approved by Fire
Marshal. Eddie Reeler, Chief, Greenwood Fire Company - As
building changes from original lay -out, Fire and Rescue should
be updated as to changes in building. Also, any conditions
that may cause a new hazards must be reported immediately
Sanitation Authority_ No comment.
County Engineer: The engineering department has no comments
on this rezoning request provided it does not alter the
existing parking area and/or increase the. off-site runoff.
Page 2
T. Glass Rezoning
County Attorney:
PLANNING
Proffers appear to be in proper form.
Location: The property is located at the intersection of Route
657 (Senseny Road) and Route 656 (Greenwood Road). The site
is within the Urban Development Area and adjoins RP,
Residential Performance, zoning to the north (rear) and west
of the property. The zoning of the property across both
streets from the site is RA, Rural Areas.
Background: A previous request to rezone this parcel from B-1
to B-2 was considered in 1983. As a part of that same
application, a portion of the adjoining property (roughly 15
acres) was rezoned from B-1 to RP, Residential Performance.
The portion of the application requesting B-2 zoning on the
subject property was denied.
Site Suitability: The site is quite flat and contains a
30,000 square foot building and associated paved parking. The
site is developed to very nearly the maximum extent permitted
under the present B-1 zoning in terms of FAR (floor -to -area
ratio, or lot coverage).
Potential Impacts: The applicant proffers that the site would
conform to the current FAR limitations of B-1 zoning which is
.3. This proffer further states however, that the maximum
floor area for the site would be 35,000 square feet. This
would exceed the stated FAR of .3. The FAR for the site as
presently developed with the 30,000 square foot building is
.289. The addition of 5000 square feet would result in a FAR
of .34 thus exceeding the .3 limit. If the portion of the
statement concerning the 35,000 square feet were to be
eliminated, little or no additional construction could take
place on the site.
Impacts to sewer and water should be minimal. There may be
some increase in traffic as a result of some of the uses
permitted in B-2, drawing trips from a larger area.
The applicant has proffered out a number of the uses which are
permitted in the B-2 zone. The staff feels that there are
additional uses that could be proffered out. Some of these
uses would be golf driving ranges and miniature golf courses,
motion picture theaters, model home sales offices, and self
service storage facilities. These uses are either not
practical given the present development of the site or could
potentially draw traffic from a much larger area.
Conclusions: The zoning ordinance states that the intent of
Page 3
T. Glass Rezoning
B-2 zoning is "to provide large areas for a variety of
business, office and service uses. General business areas are
located on arterial highways at major intersections and at
interchange areas." The ordinance further states that General
business areas "should have good access to major thoroughfares
and should be properly separated from residential areas."
This language indicates that the site does not fit the
description of a desirable B-2 location. The proffers
submitted as a part of the application eliminate a number of
the more intensive uses permitted in B-2. The staff questions
at what point the proffers associated with a B-2 zoning
request have the effect of "watering down" the zoning enough
to make the description of intended locations for such zoning
no longer applicable.
The rational for locating B-2 zoning at major intersections or
interchange areas is due to the high traffic volume associated
with a number of the permitted uses. Assuming the applicant
proffers out the high traffic generators and limits the FAR to
that of B-1, then the reasoning behind the statement of
desired location no longer applies.
Given the potential impact of some of the permitted uses which
remain a part of this application however, the staff feels the
rezoning would not be appropriate.
STAFF RECOMMENDATIONS FOR 4/06/94 PC MEETING: Denial.
REZONING APPLICATION FORM
FREDERICK COUNTY, VIRGINIA
To be completed bV Planning Staff:
Zoning Amendment Number ooh,-qq
Submittal Deadline 3 -LI -94
PC Hearing Date U -U -q4
Date Received
Application Date
BOS Hearing Date
The following information shall be provided by the applicant:
All parcel numbers, tax map numbers, deed book pages and numbers
may be obtained from the Office of the Commissioner of Revenue, 9
Court square, Winchester.
1. Applicant:
Name: Thomas C. Glass
Address: 847 Lake Saint Clair Drive
Winchester, Virginia 22603
Telephone: 703-667-7447
2. Owner:
Name: Thomas C. Glass
Address: 847 Lake Saint Clair Drive
Winchester, Virginia 226
Telephone: 703 - 667 - 7447
In addition, the Code of _Virginia allows us to request full
disclosure of ownership in relation to rezoning applications.
Please list below all owners or parties in interest of the land to
be rezoned:
None
5
3. Zoning Change: It is requested that the zoning of the property
be changed from B-1 to B-2
4. Location: The property is located at (give exact directions):
Northwest corner of intersection of Senseny Road and Greenwood Road,
just East of Winchester in Frederick County, Virginia
5. Parcel Identification:
21 Digit Tax Parcel Number:
6. Magisterial District:
7. Property Dimensions:
rezoned.
Total Area: 2.38
Shawnee
55-A-194
The dimensions of the property to be
Acres
The area of each portion to be rezoned to a different zoning
district category should be noted:
2.38 Acres Rezoned to B-2
Acres Rezoned to
Acres Rezoned to
Acres Rezoned to
Frontage: 500
Depth: 200
Feet, more or less, on Senseny Road
Feet, more or less
S. Deed Reference: The ownership of the property is referenced by
the following deed:
Conveyed from: H. Benj amine Crim and wife
Deed Page:
Deed Book Number: 572
9. Proposed Use: It is proposed that the property will be put to
the following uses.
Primarily retail in the form of a shopping center - in the building
presently existing on the property.
10. Checklist: Check the following items that have been included
with this application.
Location map
x
Survey or plat
x
Deed to property
x
Statement verifying taxes
x
Sign receipt
x
Agency Comments
x
Fees
x
Impact Analysis Statement
x
Proffer Statement
x
11. Signature:
I (we), the undersigned, do hereby make application and
petition the governing body to amend the zoning ordinance and
to change the zoning map of Frederick County, Virginia and do
hereby certify that the application and accompanying materials
are true and accurate to the
best of my (our) knowledge.
Applicant:
Owner:
12. Representation:
If the application is being represented by someone other than
the owner or application and if questions about the
application should be directed to that representative, please
list the following.
Representative's Name: ( ti. K. Benham, III ) Harrison & Johnston
Representative' s Phone Number: 703-667-1266
7
ADJOINING PROPERTY OWNERS
Owners of property adjoining the land will be notified of the
public hearing. For the purposes of this application, adjoining
property is any property abutting the requested property on the
side or rear or any property directly across a road from the
requested property. The applicant is required to obtain the fol-
lowing information on each adjoining property including the
21 -digit tax parcel identification number which may be obtained
from the office of the Commissioner of Revenue.
Name
Address
and Property Identification
1
Address:
214 Monmouth Street
William F. Cowley
Winchester, Virginia
22601
Property
ID: 55-A-198
2
Address:
381 Mitchell Avenue
John Henry Giles
Elmhurst, Illinois 60126
Property
ID: 55-A-195
3
Address •
847 Lake Saint Clair
Drive
Thomas C. Glass
'
Winchester, Virginia
22603
Property
ID: 55D-1-27-34
4
Address:
Route 5, Box 525
Country Park Home Owners
Winchester, Virginia
22601
Property
ID: 55D -1-34A
5
Address:
Route 5, Box 525
Country Park Home Owners
Winchester, Virginia
22601
Property
ID: 55D -2-39A
6
Address:
847 Lake Saint Clair
Drive
Thomas C. Glass
Winchester, Virginia
22603
Property
ID: 55D-2-39
7
Thomas C. Glass
Address:
847 Lake Saint Clair
Drive
Winchester, Virginia
22603
Property
ID: 55D-2-38
8
Address:
Property
ID:
9
Address:
Property
ID:
10
Address:
Property
ID:
9
IMPACT ANALYSIS STATEMENT
RE: Property of Thomas C. Glass containing 2.38
Acres and improved by a shopping center
building partial occupied (located at the
Northwest corner of intersection of Senseny
Road and Greenwood Road in Shawnee
Magisterial District of Frederick County,
Virginia)
REZONING: B-1 to B-2
PURPOSE: For existing shopping center - to change
rezoning from B-1 to B-2 to allow additional
shopping center uses for the existing
shopping center spaces.
QUESTION: Will there be any impact resulting from the
changing of the rezoning from B-1 to B-2?
SUITABILITY
OF THE SITE - The site is suitable for a shopping center with
the uses permitted by B-2 as it is located at the
intersection of two major roads East of
Winchester and is currently satisfactorily being
used for a shopping center as permitted by B-1.
SURROUNDING
PROPERTIES - The use of the property under B-2, rather than
B-1, should not change the impact on the
surrounding properties in regard to noise, glare,
fumes, pollution, smells or other nuisance
factors.
TRAFFIC - There should not be any significant increase in
traffic as the bulk of the tenants of this site
will be tenants which were permitted under B-1.
However, there may be some increase in traffic
resulting from those tenants permitted only by
B-2 zoning which might draw from an area larger
than the immediate neighborhood. However, this
does not appear to be substantial. Again, the
primary appeal of the shopping center will be to
tenants appealing to neighborhood users.
WATER, SEWER
AND DRAINAGE - Public water and sewer is already supplied to the
shopping center and there will be no need for any
change in the current water and sewer set up.
Likewise, there will be no change in the drainage
from the property. There is no need for nor any
planned change in the building presently con-
structed. In addition, if the property is
rezoned B-2, the anticipated volume of water
and sewage usage should not change.
EMERGENCY
SERVICES - The property is located within 200 feet of the
Greenwood Fire Department. No additional
services should be needed as the only effect
of the rezoning is to increase the number of
types of potential tenants.
SOLID WASTE
DISPOSAL - The additional potential users should not have any
greater use of solid waste disposal facilities.
HISTORIC
SITES - Not applicable.
ENVIRONMENT - The rezoning of this property should not affect
the environment as the site is already con-
structed for a shopping center and there will
be no change in the site.
In summary, as the property is already improved for a
shopping center, there is no significant impact on the property
or the community as a result of the property being rezoned from
B-1 to B-2, other than an increase in the number of potential
tenants that can use the property. The Applicant through his
proffer has attempted to eliminate any potential tenants that
would have an impact on the neighbors or would result in
significant increase parking.
Thomas C. Glass
Rezoning
Thomas
— # 062
C. Giass
IM
55—A-194
THIS LOT DOES NOT FALL IN A FLOOD HAZARD ZONE.
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"N 2.382 w o co
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34.96'
' x o SENSENY RORD - ROUTE 657
DAVI M. Fi i(a, iiAU
U
NO. 1455
PARCEL C SECTION 2
swolll COUNTRY PARK
FREDERICK COUNTY, VIRGINIA
LOT SURVEY DATEmG.8.`1988
FURSTENAU SURVEYING SCALE: 1"-100'
Dwa. BY:
STEPHENS CITY, VIRGINIA 22655
AMENDMENT
FREDERICK COUNTY ZONING ORDINANCE
Planning Commission April 6,1994
Board of Supervisor
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
#002-94 of THOMAS C. GLASS
WHEREAS, Rezoning application #003-94 of Thomas C. Glass was submitted to rezone 2.38
acres, located east of Winchester, at the intersection of Senseny Road and Greenwood Road, in
the Shawnee District, and designated by PIN 55-A-194, from B1 (Neighborhood Business
District) to B2 (General Business District); and,
WHEREAS, the Planning Commission held a public hearing on this application on April 6,
1994; and,
WHEREAS, the Board of Supervisors held a public hearing on this application on
, 1994; and,
WHEREAS, the Frederick County Board of Supervisors finds this rezoning to be in the best
interest of the public health, safety, welfare, convenience, and in good zoning practice;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors,
That Chapter 165 of the Frederick County Code, Zoning Ordinance, is amended to revise the
Zoning District Map to change 2.38 acres, designated as PIN #55-A-194, from B1
(Neighborhood Business District) to B2 (General Business District) as described by the
application and plat submitted, subject to the following conditions voluntarily proffered in
writing by the applicant and property owner:
The attached proffer statement being submitted by Thomas C.
Glass has been reviewed by the undersigned County Attorney with
the following comment:
COUNTY ATTORNEY FOR FREDERICK COUNTY
I: i
LawVen-,e R. AmbrogiL--,
REZONING REQUEST
Re: Thomas C. Glass Property
Thomas C. Glass - Owner and Applicant
Rezoning Case No. 002-94
The undersigned Applicant, being the sole owner of the
property to be rezoned under the above referenced Rezoning Case
Number, hereby voluntarily proffers that if the Board of
Supervisors for the County of Frederick, Virginia approves the
rezoning application of the undersigned for 2.382 Acres, more or
less, (being the Northwest corner of the intersection of Senseny
Road and Greenwood Road in Shawnee Magisterial District of
Frederick County, Virginia) from B-1 to B-2, the development of
the subject property shall be done in accordance with the
following terms:
1. The subject property to be rezoned shall not be used for
the following:
A. Communication facilities and offices.
B. Electric, gas and other utility facilities.
C. Retail nurseries.
D. Automotive dealers.
E. Hotels and motels.
F. Organizational hotels and lodging.
G. Car washes.
2. The subject property to be rezoned shall be used
primarily for retail and personal service uses.
3. The subject property shall be subject to the dimension
requirements of the B-1 Zoning Districts of Frederick County,
Virginia and shall be subject to a maximum floor area of 35,000
Square Feet.
4. The conditions proffered above shall be binding upon the
heirs, executors, administrators, assigns and successors in
interest of the Applicant and owner. In the event the Frederick
County Board of Supervisors grant said rezoning and accepts these
conditions, the proffered conditions shall apply to the land
rezoned in addition to other requirements set forth in the
Frederick County Code.
Respectfully submitted,
Thomas C. Glass
(Owner and Applicant)
- 2 -
This resolution was approved by the following recorded vote:
Richard G. Dick
W. Harrington Smith, Jr.
Charles W. Orndoff, Sr.
This ordinance shall be in effect upon its passage.
Passed this day of , 1994.
Jimmie K. Ellington
James J. Longerbeam
Robert M. Sager
A Copy Attest
John R. Riley, Jr.
Frederick County Administrator
I
COUNTY of FREDERICK
Department of Planning and Development
703 / 665-5651
Fax 703 / 678-0682
MEMORANDUM
TO: Frederick County Planning Commission
FROM: Evan A. Wyatt, Planner II
RE: RP (Residential Performance) District Gross Density, Multi -Family
Percentage and Residential Separation Buffer Amendments
DATE: March 28, 1994
The following amendments pertain to the discussion with the Planning Commission during the
March 16, 1994 meeting. The purpose of that discussion was to present the proposed ordinance
amendments and address questions and concerns. Staff believes that the proposed language will
assist in the reduction of overall gross density for multifamily developments while still providing
developers the opportunity to create marketable developments. The proposed "sliding scale" and
permitted multifamily dwelling percentages were discussed with and agreed upon by the Top of
Virginia Builders Association.
Staff has provided a copy of the proposed amendments to the Commonwealth Attorney for
review. Mr. Jay Cook, Assistant Commonwealth Attorney, has reviewed preliminary drafts of
these amendments and does not see any problems with the proposed language. Staff asks that
the Planning Commission consider the proposed amendments and forward a favorable
recommendation to the Board of Supervisors.
9 Norlh I.0LId0Ull SlrCet P.0. Hoy 001
Winchc.stcr. VA 21?001 Winchostcr. V.\ 22hO4
AMENDMENT
Approvals:
PLANNING COMMISSION April 6, 1994
BOARD OF SUPERVISORS
AN ORDINANCE AMENDING
THE FREDERICK COUNTY CODE
CHAPTER 165, ZONING
WfIEREAS, An ordinance to amend Chapter 165, Zoning, of the Frederick County Code, Article
III, Supplementary Use Regulations, Section 165-37, Buffer and Screening Requirements, and
Article VI, RP (Residential Performance District), Section 165-58, Intent, and Section 165-62,
Gross Density, was referred to the Planning Commission on April 6, 1994; and,
WIJEREAS, the Planning Commission held a public hearing on this ordinance adoption on April
6, 1994; and,
WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on
1994; and
WHEREAS, the Frederick County Board of Supervisors finds the adoption of this ordinance to
be in the best interest of the public health, safety, welfare, convenience, and in good zoning
practice;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as
follows:
That Chapter 165 of the Frederick County Code, Zoning, Article III, Supplementary Use
Regulations, Section 165-37, Buffer and Screening Requirements, and Article VI, RP
(Residential Performance District), Section 165-58, Intent, and Section 165-62, Gross Density,
is amended as described on the following attachment:
165-58 Intent
C. It is the intent of this Article to allow a mixture of housing types on the land within an
approved master development pian. within this Article, the permitted multifamily
development percentages and densities are identified. Multifamily housing types are
allowed only when they adjoin similar uses or are properly separated from different uses.
The preliminary master development plan shall specify the amount and percentages of
all proposed housing types. The preliminary master development plan requires specific
approval of the Planning Commission and the Board of Supervisors.
165-62 Gross Density
A gross density shall be established for each proposed development, including all land contained
within a single master development plan, according to the characteristics of the land, the capacity
of public facilities and roads and the nature of surrounding uses. Because of these
characteristics, some developments may not be allowed to employ the maximum density allowed
by these regulations. The following density requirements shall apply to all parcels as they exist
at the time of the adoption of this section:
A. Subsequent divisions of land shall not increase the allowed density on parcels of land.
B. In no case shall the gross density of any development within an approved master
development plan exceed ten (10) dwellings per acre.
C. In no case shall the gross density of any development within an approved master
development plan which contains more than ten (10) acres and less than one -hundred
(100) acres exceed five and one-half (5.5) dwellings per acre.
D. In no case shall the gross density of any development within an approved master
development plan which contains more than one hundred (100) acres exceed four (4)
dwellings per acre.
165-62.1 Multifamily Housing
A. Developments that are less than twenty-five (25) acres in size may include more than
fifty percent (50%) multifamily housing types.
B. Developments that are more than twenty-five (25) acres and less than fifty (50) acres in
size shall be permitted to contain up to fifty percent (50%) multifamily housing types.
C. Developments that are over fifty (50) acres in size shall be permitted to contain up to
forty percent (40%) multifamily housing types.
165-37C. Residential Separation Buffers
Perimeter and interior residential separation buffers shall be established to adequately buffer
single-family detached traditional and cluster dwellings from other housing types. The function
of the perimeter separation buffer shall be to adequately separate different housing types within
adjoining developments, while the interior separation buffer shall adequately separate different
housing types within mixed-use developments. The requirements for perimeter and interior
residential separation buffers are as follows:
(1) Perimeter single-family separation buffers
* Maintain the current language - only change is subsection heading.
(2) Perimeter apartment or multiplex separation buffers
* Maintain the current language - only change is subsection heading.
(3) Interior residential screening
(a) This buffer shall be designated as a continuous landscaped easement that will be
placed between single-family detached traditional and cluster dwellings and other
housing types. This landscaped easement shall be at least ten (10) feet in depth
and contain a double row of evergreen trees. Each row of evergreen trees shall
be a minimum of four (4) feet in height at time of planting and spaced no more
than eight (8) feet apart. If natural barriers, topography or other features achieve
the function of an interior separation buffer, the requirement may be waived by
the Planning Commission.
This ordinance shall be in effect upon its passage.
Passed this day of , 1994.
A Copy Attest
John R. Riley, Jr.
Frederick County Administrator
This resolution was approved by the following recorded vote:
Richard G. Dick Jimmie K. Ellington
W. Harrington Smith, Jr. James J. Longerbeam
Charles W. Orndoff, Sr. Robert M. Sager
COUNTY (A FREDERICK
Dcpartment of Planning and Dcvclopmcnt
703 i Oo5- 651
Fax 703 / 678-0682
To: Planning Commission Members
From: Kris C. Tierney, Deputy Planning Directo>ol—�
Date: Tuesday, March 15, 1994
Subject: Recommendation from Comprehensive Plans and Programs
Committee Concerning Sewer to Rural Community Centers
The Comprehensive Plans and Programs Committee has reviewed the results of the
report on Alternative Wastewater Treatment Systems for our Rural Community Centers.
The Committee discussed the possible implications of providing sewer service to the
three Centers that were evaluated. The recommendations in the report for the Round
Hill Community Center were of particular interest, as one of the alternatives suggested
for this area is the connection to the County's central sewer system just east of Route
37.
The Committee expressed concern over the effect that sewer availability would have on
growth pressure within the Centers and how much control the County could maintain
over this pressure. The Committee felt that the County should establish clear
objectives and guidelines regulating the boundaries of areas that would be provided
with sewer service as well as clear policies governing the types and scale of use that
would be considered within the Community Centers.
In light of the numerous issues which the Committee felt should be addressed prior to,
or a least in conjunction with, any decisions being made on whether or not to provide
sewer service, and if so, in what fashion, the recommendation of the Committee is that
land use plans should be developed for the Centers. The Committee agreed that to
attempt to choose an appropriate means of providing sewer, let alone try to scale and
design a system, prior to having an understanding of the long range goal for the
Centers would be inappropriate.
The Committee felt that land use plans for the Community Centers should look at
existing structures and uses and their relationship to one another, the size of the
() Norlh Loudoun Slrcci
Winclicslcr, VA -1-1001
1'.O. I I o \ 001
WVinchcslcr. VA 260-1
centers, their location relative to surrounding uses, and the transportation network in
and around the Centers. The Committee also felt that an effort should be made early
on in the process to receive input from residents of the Centers in an effort to reach a
consensus on a "vision" for the future of the Centers.
The Committee hopes to be able to revive its Corridor Study efforts in the coming
months and will begin the annual review and update of the Comprehensive Plan in
mid -summer. In light of these other tasks, the Committee is seeking guidance as to
whether the Commission feels that the preparation of landuse plans for the Community
Centers is the proper approach and, if so, what priority should be assigned to this
effort.