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AGENDA
FREDERICK COUNTY PLANNING COMMISSION
The Old Frederick County Courthouse
Winchester, Virginia
FEBRUARY 2, 1994
7:00 P.M. CALL TO ORDER TAB
1) Meeting Minutes of December 1 and December 15, 1993 ............. A
2) Bimonthly Report ...................................... B
3) Committee Reports .................................... C
4) Citizen Comments ..................................... D
5) Discussion regarding the 1994 Subcommittee and Liaison positions.
(Mr. Watkins) ........................................ E
PUBLIC HEARINGS
6) Conditional Use Permit #013-93 of HCMF Corp., for VanGilders Nursing Home
to expand the existing convalesent-nursing home facility from 48 beds to
78 beds. This property is located at the end of Pennsylvania Ave., in
the Stonewall District.
(Mr. Miller) ......................................... F
PA
MISCELLANEOUS
7) Discussion regarding a proposal to revise the approved master development
plan and site plan for Lake Centre.
(Mr. Miller) ......................................... G
8) Videotape from VDOT regarding public meeting procedures.
(Mr. Watkins) ........................................ H
9) Other (no attachment)
MEETING MINUTES
OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board Room of the Old Frederick County Court House in Winchester, Virginia on
December 1, 1993.
PRESENT: Planning Commissioners present were: James W. Golladay, Jr., Chairman; John
R. Marker, Vice Chairman/Back Creek District; Roger L. Thomas, Opequon
District; Manuel C. DeHaven, Stonewall District; Robert Morris, Shawnee
District; Marjorie H. Copenhaver, Back Creek District; Todd D. Shenk,
Gainesboro District; S. Blaine Wilson, Shawnee District; Ronald W. Carper,
Gainesboro District; John H. Light, Stonewall District; and George L. Romine,
Citizen at Large.
ABSENT: Beverly Sherwood, Board Liaison
Planning Staff present were: Robert W. Watkins, Director/Secretary; W. Wayne
Miller, Zoning Administrator; Ronald Lilley, Planner II; Kris C. Tierney, Deputy
Planning Director
CALL TO ORDER
Chairman Golladay called the meeting to order at 7:00 p.m.
MEETING MINUTES—OCTOBER 6 & OCTOBER 20 199
Upon motion made by Mr. Marker and seconded by Mr. Carper, the minutes of
October 6 were unanimously approved as presented.
Upon motion made by Mr. Marker and seconded by Mr. Carper, the minutes of
October 20 were unanimously approved as presented.
BIMONTHLY REPORT
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Chairman Golladay accepted the Monthly and Bimonthly Reports for the
Commission's information.
COMMITTEE REPORTS
Comprehensive Plans & Programs Subcommittee (CP&PS)
Mrs. Copenhaver reported that the CP&PS is working on the CIP requests for
1994. She said that CP&PS met with the County Administrator, representatives of the School
Board, the Parks & Recreation Department, and the library on November 23 for further
explanation of their requests.
Development Review & Regulations Subcommittee DR&RS
Mr. Thomas reported that the DR&RS had a joint meeting with the Top of
Virginia Building Association (TOPVA) on November 30 to discuss the DR&RS's intent to
modify the RP (Residential Performance) section of the zoning ordinance to require a mixture
of housing types on certain size tracts of land. Mr. Thomas said that DR&RS had sent a
proposal to the Board, through the Planning Commission, and the Board asked that the DR&RS
review the proposal again with the TOPVA. Instead of the previous proposal's three categories,
the TOPVA's suggestion of using areas of 10 acres or less, areas between 10-25 acres, areas of
25-50 acres, and areas 50 acres and greater was agreed upon. Mr. Thomas said that the group
also discussed revising the internal buffering zones on a planned, mixed development area. He
said that current buffer requirements make some of the developments cumbersome and removes
some of the innovative designs that could be accomplished by a developer.
Sanitation Authority (SA)
Mrs. Copenhaver reported that the Route 522/50 line, connecting the airport, is
scheduled to be put into service today. She reported that the James H. Diehl Water Filtration
Plant will be dedicated at a ceremony on December 17 at 4:00 p.m; and when this system goes
on line, the Authority will have the capability of pumping water from Stephens City to
Clearbrook. Mrs. Copenhaver also reported that the Virginia Resources Authority is reviewing
the financial feasibility of the Route 522 South Sewer Project.
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Economic Development Commission ,(FDC)
Mr. Romine reported that EDC is in the final stages of their recertification
process. Mr. Romine said that this will be our community's third recertification.
PUBLIC HEARINGS
Rezoning Application #004-93 of Hunts Cycle Shack to rezone 1.05 acres from RA (Rural
Areas) to B2 (Business General) for the sales and service of motor cycles and the sales
of used motor vehicles. This property is identified as PIN #28-A-133 and is located eight
miles west of Winchester on Northwestern Pike (Route 50 West) in the Back Creek
District.
Action - Approved with Proffers
Mr. Tierney said that this item was tabled at the Commission's November 3
meeting. He said that the staff's recommendation at that time was for denial of the application
based on concerns about location and the potential of setting a precedent of business zoning in
rural areas of the county. He said that there was also some concern over the potential
appearance of future uses of the property under B2 zoning, which was in part fueled by the
vagueness of the proffers submitted by the applicant. He added that the Commission tabled the
rezoning so that the applicant could fine tune the proffers.
Mr. Tierney stated that the revised proffers clarify that the use of the property
would be limited to motor cycle sales and service; a used car lot with no more than 12 vehicles
for sale at any given time; and a residence. He further stated that the proffers also preclude the
use of streamers, etc., to attract attention to the property, and limit any sign(s) to those permitted
by the RA regulations in place at the time.
Mr. Tierney added that the concerns about visual impacts have been addressed in
light of the revised proffers, however, the staff still has concerns about precedent setting.
Mr. Jessie Richardson, Jr., legal counsel representing Mr. and Mrs. Hunt, said
that several persons were present to speak in support of the rezoning. Mr. Richardson said that
the applicant feels that he has done everything within his power to make this a palatable
proposal.
Chairman Golladay called for citizen comments and the following persons came
forward:
Mr. Robert Shean, area business owner, came forward to speak in favor of the
rezoning. Mr. Shean said that he remembers this property when it was in a run-down state. He
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said that since Mr. Hunt purchased the property, the parking lot has been paved, the building
resided, and the overall appearance of the property has improved. Mr_ Shean felt that Mr. Hunt
was an honorable person and would carry through on his promises.
Mr. Sam Hunt, brother and business partner of Gary Hunt, came forward and said
that he and his brother were anxious to get the property rezoned because without it, they can not
accept a used car or truck on trade for a motorcycle. Mr. Hunt said that the number of vehicles
they have is limited by the size of their lot and he didn't think they would be able to fit more
than 12 vehicles on the lot. Mr. Hunt added that used car sales would be a supplementary use
to their motorcycle sales. He said that motorcycle sales was seasonal and they felt that used car
sales would help to pull them through the winter until sales start again in spring.
The Commissioners felt that the revised proffers addressed all of their concerns
and upon motion made by Mr. Romine and seconded by Mr. Marker,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
recommend approval of Rezoning Application #004-93 of Hunts Cycle Shack to rezone 1.05
acres from RA (Rural Areas) to B2 (Business General) for the sales and service of motor cycles
and the sales of used motor vehicles as described by the application and plat submitted, subject
to the following conditions voluntarily proffered in writing by the applicant and property owner
as follows:
1. Uses of the property shall be limited to the following: (a) motorcycle sales and repair;
(b) automobile sales; and/or (c) residential.
2. No more than twelve automobiles shall be kept for sale on the premises and not under
roof at any one time.
3. No flags, streamers or similar items designed to call attention to the property shall be
posted on the premises.
4. Any sign(s) added to the premises shall comply with the RA zoning rules for sign(s) at
the time of the addition.
Conditional Use Permit #011-93 of White Properties for an off -premise business sign_
The sign will be situated on property identified as PIN #85-A-148 and located at the
intersection of Fairfax Pike (Route 277) and Stickley Drive in the Opequon District_
Action - Approval
Mr. Miller said that an on-site inspection of the proposed sign location and review
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of the proposed drawing location seemed to indicate that this location and placement would not
impact sight visibility of traffic exiting Stickley Drive onto Fairfax Pike (Rt. 277) and the staff
would, therefore, recommend approval.
Mr. Willis White, the applicant, said that this will be a five foot wide painted
wood sign constructed onto seven foot high redwood posts, with lettering on both sides.
There were no public comments.
The Commissioners felt that the sign would meet required setbacks and distances
from other existing business signs if installed in accordance with the submitted plan and upon
motion made by Mr. Shenk and seconded by Mr. Thomas,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
recommend approval of Conditional Use Permit ##011-93 of White Properties for an off -premise
business sign with the following condition:
The sign must meet all the requirements of the Frederick County Zoning Ordinance and
the Code of Virginia.
1994 FREDERICK COUNTY_ COMPREHENSIVE POLICY PLAN
Action - Approved
Mr. Tierney presented the 1994 Update to the Comprehensive Policy Plan and he
reviewed the sections of the document that were updated by the Comprehensive Plans &.
Programs Subcommittee.
The Commission felt that the Comprehensive Policy Plan did an excellent job of
presenting the current state of affairs in the county. They also felt that the plan would become
an increasingly important tool for the Commission in deciding on actions they take in the future
and, in light of that, a suggestion was made that some added emphasis be included regarding the
intent for future development in the county. Concern was also expressed that the public may not
be fully aware of the document and they felt that more effort should be made to educate the
public and to involve them in the updating process.
There were no citizen comments about the plan,
Upon motion made by Mr. Romine and seconded by Mr. Wilson,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
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recommend approval of the 1994 Comprehensive Policy Plan as presented.
DISCUSSION REGARDING OPEN SPACE REQUIREMENTS IN THE SUMMIT
SUBDIVISION
Mr. Carper said that he would abstain from discussion, due to a possible conflict
of interest.
Mr. Ronald Lilley said that his presentation was a follow-up to the subdivision
application of Donald L. Bayliss for 28 lots on 10.7 acres at The Summit, which the Commission
considered at their October 6 meeting.
Mr. Lilley said that Mr. Bayliss's application included a request for exemption
from the normal R5 open space requirement and that the County Planning staff forwarded the
application to the Planning Commission with a recommendation for denial due to potential
problems with water availability and uncertainties about open space issues. Mr. Lilley noted that
the Planning Commission voted unanimously (with Carper abstaining) to recommend denial of
the application to the Board of Supervisors until an acceptable master plan was presented and the
water system was proven to have adequate capacity.
Mr. Lilley stated that the application went to the Board of Supervisors on October
27 with a recommendation from the staff for tabling to allow time for the staff to complete
research on the history of The Summit, the existing open space, the degree of vesting involved,
and the water situation. He stated that the Board voted to table the application until their
December 8 meeting, at which time they must act on the application.
Mr. Lilley further stated that the staff has done considerable research and
organization of the files on The Summit, along with a technical review of the applicant's request
for exception from the normal open space requirements. He said that the water situation is being
addressed separately through the Virginia Department of Environmental Quality (DEQ) Office
of Water Programs.
Some of the highlights of Mr. Lilley's presentation were:
The first section of The Summit was approved in 1970. It was zoned R2
(Residential General) which did not require a master plan or open space. The Summit property
was rezoned to R5 effective November 1, 1973, which required developments to be done in
accordance :with a master plan to include 35% dedicated open space. This R5 zoning applied to
all 1,936.4 acres of The Summit property.
After November 1973, it appears to have been understood that the then -current
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zoning requirements would apply to new sections. In the June 1974 rezoning application that
clarified that all 1,936.4 acres would be zoned R5, the applicant's Economic Impact Study
stated:
.All of these lands will simply be a continuation of the present concept of Lake
Holiday Estates, Inc. and will not materially change the ideas that have been put
forth and accepted to this time. They will-c-ontioug tQ comply with all of the
z9ning reguirementS designated by R5 with regard to densities, Men spaces, land
uses, and physical configurations,"
The total acreage of The Summit property is 1,936.4 acres (just over three square
miles). Not including the proposed subdivision, there are presently 2,667 lots platted on 1,044.1
acres. This accounts for about 54% of the entire Summit property. The lake, golf course,
beaches, and miscellaneous green areas account for about 27% of the entire development (or just
under 34% of the presently developed area). The unplatted areas shown as belonging to
Independent Mortgage Trust, now in the name of IFS Corp., account for about 14% of the entire
property. The remaining 5 % is in the dam area, commercial area, and miscellaneous unplatted
areas.
There are no deed covenants which restrict the use of the golf course or other
"green areas" to open space. Therefore, if such areas are to be counted towards any open space
requirement, it should be made clear that they would remain as open space. The staff feels that
unplatted areas belonging to IFS Corp. should not be counted as open space since they are not
dedicated as open space, as the ordinance requires.
Mr. Lilley next presented three options for open space requirements for The
Summit:
Option l: Since a case can be made that this development was expected to provide large
portions of open space from its very beginning and the lot purchasers presumably expected as
much, it could be argued that 35 % of the entire development should be dedicated as open space.
That would translate to about 678 acres of open space when everything else was fully developed.
If the lake, golf course, two beaches, and miscellaneous green areas were all counted towards
the open space requirement, they would provide about 530 acres of open space, which leaves a
shortage of approximately 148 acres. The unplatted IFS property, along with the dam area and
a few smaller areas account for about 362 acres, so it is possible that 148 acres could be
provided out of those areas. To apply this option, a master plan for the entire development
would need to be submitted, designating the areas to count towards the 35% requirement.
Option 2: Since 764 acres were platted prior to November 1973, when R5 requirements came
into effect, the open space requirement should only be imposed on the remaining 1,172 acres that
had not yet been platted. That would translate to about 410 acres of open space. Again, if the
lake, golf course, beaches, etc. are counted towards the requirement, they would provide more
n.
than enough open space for the remainder of the development. Assurances about the golf course,
lake, etc. remaining as such would be needed and a determination would need to be made about
whether the existing open space located within the environmental areas would all be counted
toward the required total.
Option 3: A third approach would be a compromise between the previous two approaches. The
existing "green areas," along with the lake, beaches, etc., could be dedicated as open space and
the 35% open space requirement could be applied to the unplatted areas. Since the unplatted IFS
property, along with the dam area and a few smaller areas total about 362 acres, roughly 127
acres of this would need to remain as dedicated open space if the remainder was platted for
development. This would result in about 21 acres less open space than the first option would.
Commissioners asked about the ownership of the lake and golf course and access
to both.
Mr. Carl Simms, the president of the Board of Directors of the Lake Holiday
Country Club (LHCC) and president of the utility company, came forward to speak. Mr. Simms
said that the LHCC owns the utility company, the lake, the marina, the roads (the first eight
sections), the green areas, a couple hundred lots, and has control of the development. Mr.
Simms said that LHCC is able to dedicate the green areas and the lake as open space. He said
that he spoke with representatives of IFS Corporation and they are willing to give up some of
their area to make up the approximate 127 acres needed. He said that the golf course is the only
entity that is open to the public and all other entities are strictly limited for use by the residents
of the Summit.
Mr. Simms further explained that the LHCC is a non -stock corporation, consisting
of 1700 property owners, which owns the utility company, the lake, the marina, the roads, a
couple hundred lots and has control of the development. Mr. Simms said that IFS Corporation
is the bank that owns property located on the south side of the lake and one section along Rt.
703 that was left by the developer after foreclosure. He explained that the golf course is owned
by 30 property owners who are stock holders and have formed a corporation.
Commissioners discussed whether or not the golf course could be considered as
open space since the residents of the Summit could not freely access the area.
Mr. John Lewis, design engineer for the Bayliss project, felt that development
of a master plan for the Summit would be a long, arduous process. In regard to Mr. Bayliss
setting aside 35% open space, Mr. Lewis said that the Bayliss property consists of approximately
10 acres containing 28 lots. He said that if 35% of the ten acres, which amounts to 3 1/2 acres,
is used for open space, Mr. Bayliss would lose 11 lots and the project will no longer be viable_
Mr. Lewis said that it was possible that Mr. Bayliss could secure 3 1/2 acres at another location
within the Summit and Mr. Lewis asked the Commission to consider that as an option_
9
The Planning Commission recognized that development of a master plan and
dedication of open space would take some time to accomplish, however, they felt it would not
be in the county's best interest to let it drag on. The general consensus of the Commission was
that Mr. Bayliss should be required to meet the 35% open space requirement.
Since the ordinance does not require open space land to be contiguous with the
land being subdivided, Commissioners felt that Mr. Lewis's suggestion would be a viable option;
however, the property must be clearly identified and dedicated.
Mr. Wilson stated for the record that this subject has been discussed at committee
meetings and committee members were opposed to the practice of purchasing property at another
location to meet open space requirements and felt it could set a dangerous precedent.
Mr. Light brought the Commission's attention to the fact that as of four o'clock
this day, the taxes on Mr. Bayliss's property were delinquent. Mr. Light said that he had a
problem with the Planning Commission and staff assisting someone to develop a property in
which the taxes have not been paid. He felt that the Commission's recommendations should be
made after the property taxes were paid.
The Commissioners felt that the two main issues that needed to be addressed were
the water issue and the open space issue.
Commissioners inquired if the entire acreage at the Summit could be served by
the one sewer plant. Mr. Simms replied no. He said that only half the plant is currently
operating and as development increases, they will have to bring the other half of the plant on
line. He said that if the land on the other side of the lake is developed, another sewer plant will
need to be built. Mr. Simms added that the State has approved water and sewer hookup for the
Bayliss subdivision.
Chairman Golladay called for citizen comments and the following person came
forward:
Mr. Fred Hamer, resident at The Summit, said that he did not object to Mr.
Bayliss's subdivision, however, he felt some consideration should be given to the study of the
sewer and water. Mr. Hamer said that there were terrible problems. He said that the system
does not handle the sewerage between the houses and the processing plant. He said that the
pumps constantly overflow raw sewerage directly into the lake with a heavy rain or heavy
weekend use. He said that this problem has been occurring for the nine years that he has lived
at The Summit. Mr. Harper said that last Saturday, the pump behind his lot ran over for 10-12
hours directly into the lake. He said that in the summer, he can not use his outdoor deck
because of the heavy stench. Mr. Harper felt that adding more hookups to the existing plant
would only increase problems.
Some of the Commissioners stated that they would not support a project with
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delinquent property taxes. The Commission wanted assurances that the property could be served
by public water and sewer without burdening other property owners. They also felt that the
additional land purchased to meet open space requirements should be one contiguous parcel.
Mr. Shenk moved to support all three of the staffs options and recommended that
these options be forwarded to the Board of Supervisors. This motion was seconded by Mr.
Thomas and unanimously approved as follows:
YES: Light, Copenhaver, Marker, DeHaven, Wilson, Romine, Thomas, Shenk, Morris,
Golladay
ABSTAIN: Carper
Mr. Thomas next moved that the Commission place a moratorium on any future
development at The Summit at Lake Holiday until a master development plan for the entire
development is submitted and approved by the Planning Commission and the Board of
Supervisors. This motion was seconded by Mr. Shenk and unanimously approved. (Mr. Carper
abstained)
Chairman Golladay requested that the staff look into the issue of entertaining
subdivision and zoning matters on properties with delinquent taxes.
DISCUSSION REGARDING THE STATUS OF THE ROUTE 642 REALIGNMENT
PROJECT
Mr. Tierney said that the Route 642 Project was initiated in May of 1989 when
the Board of Supervisors approved a resolution for revenue sharing to straighten Route 642. He
said that ultimately, the intention is to improve Route 642 from the overpass with Interstate 81
to Route 522. Numerous public meetings where held and during a public hearing in 1992, the
Board endorsed one of many alternative routes for the realignment.
Mr. Tierney said that design plans were sent to VDOT about one year ago and
were tentatively approved. He said that subsequent to that, the County learned that if they
wanted VDOT to participate in the right-of-way acquisition, the project would have to comply
with certain VDOT requirements and would he required to meet new State stormwater
management requirements. This meant that the design had to be redone to meet those
stormwater requirements. Mr. Tierney said that redesign has now been accomplished, the plans
have been resubmitted to VDOT, and the County anticipates approval.
Mr. Tierney explained that most of the properties that the redesigned Route 642
would traverse are large holdings owned by developers. He said that the County has agreements
from them that they will provide the necessary rights-of-way. There are three instances,
however, where the proposed route crosses land owned by smaller, individual property owners.
Mr. Tierney said that someone, either the county or the state, will have to purchase the rights-of-
way from these property owners. He said that verbal agreements have been reached in two of
these instances.
Mr. Tierney said that the County's portion of the revenue sharing funds for the
project were forwarded to VDOT in October of this year. The County is anticipating that actual
construction of the project will begin this spring or summer, however, this depends on how
quickly VDOT can acquire the necessary rights-of-way.
Commissioners asked if the old Route 642 would remain in tact. Mr. Tierney
replied that the old route would be cul -de -sacked, just east of its current intersection with Route
647. He said that this will allow those residents that live on 642 to continue to use the road.
The Commissioners also asked if Route 647 would eventually be straightened with
Oak Ridge Drive. Mr. Tierney replied that it would. He said that it will be a squared -off
intersection and the southern portion of the intersection will move to line up with Oak Ridge
Drive.
Since this was an informational discussion item, no action was needed by the
Commission.
ADJOURNMENT
p.m.
No further business remained to be discussed and the meeting adjourned at 9:05
Respectfully submitted,
Robert W. Watkins, Secretary
James W. Golladay, Jr., Chairman
MEETING MINUTES
OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board Room of the Old Frederick County Court House in Winchester, Virginia on
December 15, 1993.
PRESENT: Planning Commissioners present were• James W. Golladay, Jr., Chairman; Todd
D. Shenk, Gainesboro District; S. Blaine Wilson, Shawnee District; Ronald W.
Carper, Gainesboro District; Robert Morris, Shawnee District; Roger L. Thomas,
Opequon District; Manuel C. DeHaven, Stonewall District; Marjorie H.
Copenhaver, Back Creek District; John H. Light, Stonewall District; and George
L. Romine, Citizen at Large.
ABSENT: John R. Marker, Vice Chairman/Back Creek District
Planning Staff present were: Robert W. Watkins, Director; 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.
MINUTES
The first order of business was the consideration of the minutes of November 3,
1993. Upon motion made by Mr. Carper and seconded by Mr. Romine, the minutes of
November 3, 1993 were unanimously approved as presented.
BIMONTHLY REPORT
Chairman Golladay accepted the Bimonthly Report for the Commission's
information.
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COMMITTEE REPORTS
Sanitation Authority (SA) - Mtg. of 12/15/93
Mrs. Copenhaver reported that all SA water transmission lines are in service from
north to south and east to west. She said that the Southview subdivision is now receiving
municipal water and the wells are off line. She reported that the James H. Diehl Water
Treatment Plant, located in Stephens City, is scheduled for inspection on Monday and will
commence operation upon Health Department approval. Mrs. Copenhaver added that by next
week, there will be quarry water in the lines and the Sanitation Authority will be operating
independent of river water.
Mrs. Copenhaver added that dedication of the James H. Diehl Water Treatment
Plant is scheduled for Friday, December 17.
Economic Development Commission
Mr. Romine reported that the budget and plans for the next fiscal year have been
completed.
WAIVER TO SHARED PRIVATE DRIVEWAY WIDTH BY HAZEL V. REHBOCK
Action - Approved
Mr. Miller said that this request is for a waiver to the width requirement of a
shared private driveway owned by Mrs. Hazel V. Rehbock. Mr. Miller said that Mrs. Rehbock,
an elderly woman, is being represented by Mr. and Mrs. Cockerham, who take care of Mrs.
Rehbock and her property. He explained that Mrs. Rehbock wants to subdivide a 5.335 acre
tract off her 76.36 acre property, zoned RA, for construction of a home by Mr. and Mrs.
Cockerham. He said that Mrs. Rehbock will retain ownership of the lot and the house. Mr.
Miller said that the problem is that the applicant has only a 14' to 16' width on an approximately
one half mile strip of land used for access through the Gordon C. Hildebrand property to Cedar
Grove Road.
Mr. Miller said he believed that every effort has been expended by the applicant
to acquire the necessary 50' right-of-way width; however, since this is not possible, the staff
recommends that the request be approved with the restriction that the property be limited to
division of just three lots. Mr. Miller said that the surveyor has agreed to place this wording
on the plat.
The staff noted that the ordinance allows for the division of three lots on a shared
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private driveway; however, with the division of a fourth lot, a state -maintained road is required
to serve the lots.
The Planning Commissioners were concerned that problems may arise concerning
use of the right-of-way because two parties were involved, possibly three in the future, and
because of the length of this narrow section of right-of-way (approx. 1l2 mile). The
Commissioners also debated whether or not this situation could be considered a "farm -tenant"
operation and, therefore, subdividing a second lot would not be necessary.
Mr. Allen Ebert, the applicant's surveyor, said that he would place specific
wording on the plat stating that an easement is granted across the Hildebrand and Kirby
properties to the 5.335 acre parcel so that there would be no question about access. Mr. Ebert
said that this could also be specifically stated in the deed of dedication.
Mr. Earl Cockerham felt that Mrs. Rehbock's property should be considered as
a farm operation and he and his wife tenants because they maintained cattle on a 24-hour basis.
After some discussion, it was the consensus of the Commission that possible future
access problems could be alleviated if specific wording was placed on the final plat restricting
further division of the parent tract to only one more lot unless the necessary 50' right-of-way was
obtained.
Upon motion made by Mr. Carper and seconded by Mr. Wilson,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
approve a request for waiver of a shared private driveway width by Mrs. Hazel V. Rehbock with
the restriction that only one more lot can be divided from the parent tract unless the necessary
right-of-way is acquired to permit construction of a state -maintained road. This restriction should
be required on the final plat so as to become a part of the recorded instrument.
RECOMMENDATION AND FINAL REPORT ON THE ALTERNATE WASTEWATER
TREATMENT_. STUDY
Mr. Tierney began by giving the Planning Commission some background
information regarding the report and study. He said that this study originated in the winter of
1491 when the Planning District Commission applied for and received a 604B Grant through the
State Water Control Board to look for possible alternative wastewater treatment systems that
could be applied to three rural community centers in the county. He said that the three
community centers chosen were Roundhill, Clearbrook, and Brucetown because they were
somewhat representative of the other community centers in the county and it was thought that
whatever technology was used for these could be applied elsewhere and also, these areas had a
demonstrated need for improved wastewater treatment. Mr. Tierney said that concerns have been
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expressed on all three of these areas for a number of years in terms of groundwater
contamination.
Mr. Tierney said that the reason for looking for alternatives to conventional large
scale treatment systems were primarily cost and also the desire not to promote large scale growth
in those areas.
He said that subsequent to the grant, the county formed a Technical Advisory
Committee to oversee the grant and resulting recommendations. That committee was made up
of representatives of the Board of Supervisors, the Planning Commission, a citizen representative
from each of the areas, a representative from the Health Department, the Sanitation Authority,
the Soil Conservation Service, and the State Water Control Board.
Mr. Tierney continued, stating that the first meeting of the TAC was held in
November of 1991. He said that Mr. Stephen Dicks, with the EPA Small Flows Clearing House
in Morgantown, West Virginia, presented some recommendations to the TAC on systems the
county may want to pursue in the three selected areas. Mr. Tierney said that a septic survey of
the selected areas was conducted July through October of 1992 and it was concluded that there
was reason for concern for groundwater contamination. He said that following that survey, in
January of 1993, an engineering firm, P.M. Brooks & Associates, was hired to study the selected
areas and develop recommendations on possible alternative treatment methods. Mr. Tierney said
that the report presented in the Commission's agenda is the result of P.M. Brooks & Associate's
study and recommendations.
Mr. Tierney reviewed the report with the Commissioners. He said that the report
calls for the use of a central collection system for each of the core (densely populated) areas,
which are characterized as small lots with little room for repair of existing systems. He said that
from the central collection point, it would be possible to connect to a central sewer system (at
Rt. 37 in the Roundhill area) or discharge into a designated creek (Brucetown, Clearbrook). The
remaining larger lots could be treated on-site, either by repairing existing systems or installing
individual discharge systems. The report suggested that some of the large lot areas may be
suitable for using either spray irrigation systems or non -discharge systems.
Mr. Tierney said that the overall cost estimate was $1.4 - $2.8 million for the
Roundhill area and $1.9 - $2.5 million for the combined Clearbrook/Brucetown areas, depending
on the actual systems used.
Mr. Tierney stated that the report recommends that whichever system is used, it
should be maintained and operated by the Winchester -Frederick County Service Authority. He
said that Wellington Jones, the Engineer/Director for the Sanitation Authority, has stated that the
best way to accomplish this is through a Sanitary District. The advantage is that assessed taxes
could help to supplement fees for service and the Authority would own and operate the system.
Mr. Tierney added that another advantage of using the Sanitary District was that the service area
could not be expanded and, therefore, growth in the area could be controlled.
5
Mr. Tierney said that the TAC studied the consultant's report at length and they
concluded that the report amounts to a first step in solving the existing and anticipated
wastewater problems for the three areas, however, they felt that some key policy questions/issues
needed to be addressed at this point. He said that the TAC feels that the issues needing resolved
are:
1. Will the Roundhill area be permitted to tie into the existing sewer line lying just to the
east of Route 37?
2. Will the Sanitation Authority accept the responsibility for operation and maintenance of
the proposed collection and treatment systems?
3. Will connection to a system be mandatory? TAC believes that the feasibility and
effectiveness of any of the proposed systems will depend greatly on the participation of
the homeowners/residents within the study areas.
Mr. Tierney said that another issue, somewhat outside the scope of this discussion,
was whether the county would entertain the possibility of running waterlines to the
Clearbrook/Brucetown area at the same time as the proposed central collection system. Mr.
Tierney stated that there could be significant economic benefits in coordinating the two efforts.
The Planning Commission felt that the consultant's report and the TAC's
recommendations were a major step forward in the process for improved wastewater treatment
in the three study areas. The Commission felt that the next logical step in the continuation of
this process was for the Comprehensive Plans & Programs Subcommittee to study the policy
issues and report back to the Commission. No other action was taken by the Commission at this
time.
THE PROPOSED 1994-1995 CAPITAL IMPROVEMENTS PLAN
Mr. Tierney presented Frederick County's 1994-1995 Capital Improvements Plan
(CIP) as recommended by the Comprehensive Plans and Programs Subcommittee (CP&PS) at
their meeting of November 23, 1993. Mr. Tierney said that the proposed CIP contained 33
projects with a total cost of $87,986,001 which included an estimated debt service on all projects
except the county offices (funding for this project is as yet undecided). He said that the total
cost did not include Sanitation Authority projects or landfill projects, which are paid for out of
fees generated. He explained that 51,724,700 of this amount would come from the county's
general fund over a five-year period (not including debt service). Mr. Tierney said that the
projects proposed for the first year would have a total county cost of $10,763,353 including
estimated debt service for all projects, with the exception of the county offices.
1
Mr. Tierney summarized the proposed projects for the Commission. He said that
the only new projects in this year's School Board request were the replacement of chillers at
Aylor Middle School and Bass Hoover Elementary School and the replacement of a section of
roof at James Wood. He said that the Parks & Recreation Department has proposed a new
bicycle facility as their number one priority and the bulk of the cost will be funded through the
ISTEA grant which the county received. Mr. Tierney said that this is the first year the Airport
Authority has been included in the CIP. He said that the Airport Authority has their own CIP
which is reviewed and approved by the FAA, however, many of their projects rely in part on
county funding. He said that the airport projects include a taxiway relocation, land acquisition
for and the construction of a T -hanger taxiway, and a lb -unit T -hanger.
Mr. Tierney continued, stating that there were a number of new landfill related
projects, including closure of two landfill sections, development of ten acres of new landfill
space, construction of a leachate treatment facility, a composting/waste inspection facility, and
the expansion of the citizen's convenience center at the landfill.
Mr. Tierney stated that the Sanitation Authority projects remain essentially the
same as last year.
Mr. Tierney concluded by saying that a number of changes were made in the way
in which projects were ranked as well as the information which was required from the
departments submitting requests. Mr. Tierney reviewed the revised project request forms with
the Commission and he explained the structured evaluation process which was developed by the
Planning Staff and used to rate proposed projects.
The Commission questioned the feasibility of renovating and air conditioning some
of the elementary schools instead of using the money for construction of new facilities. They
also commented that some of the debt service figures presented by the School Board seemed to
be high. Other than these items, the Commission had no major problems with any of the
proposed projects and had no changes to the priority listing.
Upon motion made by Mrs. Copenhaver and seconded by Mr. Light,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
endorse Frederick County's 1994-1995 Capital Improvements Plan and recommends approval to
the Board of Supervisors.
7
REPORT ON THE 1993 PLANNING COMMISSION RETREAT
Mr. Watkins presented a report on the 1993 Annual Planning Commission Retreat
for the Commission's information.
ADJOURNMENT
No further business was discussed and the meeting adjourned at 7:45 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: January 21, 1994
(1) Rezonin s Pending: dates are submittal dates
Twin Lakes
4/04/90 Shaw RA to B2/RP
(2) Rezonin s Approved:
dates are
BOS meeting
dates
Woodside Estates
Hunts Cycle Shack
01/12/94
01/12/94
Opeq
BkCk
RA to RP
RA to B2
(3) RezoninCts Denied: dates are BOS meeting dates
None
(4) Conditional Use Permits Pending: dates are submittal dates
Maria S. Yost 12/07/93 Gain Cottage Occup. -Public
Account
HCMF Corp. 12/17/93 Ston Convalescent & Nursing
Home
(5) Conditional Use Permits Approved: dates are approval dates
White Properties 01/12/94 Opeq Off Premise Sign
(6) Site Plans Pending: dates are submittal dates
Wheatlands Wastewater
Fac. 9/12/89
Opeq
Trmt.facil
Grace Brethren Church
61/n8/90
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
Salvation Army
12/03/92
Ston
Ofc/Housing
2
Franklin Mobile Home
11/30/93
Shaw
Mobile Home Park
Cliff Borden
12/07/93
BkCk
Retail/Warehouse
Southeastern Container
12/07/93
Ston
Mfg./Warehouse
Veterans Texaco Svc.Sta.
12/10/93
Opeq
Addition
Valley Proteins
01/05/94
Gain
Utility Bldg Add.
Winc.Reg.Health Systems
01/07/94
Shaw
Medical Center Annex
(7) Site Plans Approved: (dates are approval dates)
Timber Ridge Res.Tmt.Ctr. 1/14/94 Gain Dormitory
(8) Subdivisions Pending: (dates are submittal_ dates)
Briarwood Est. 01/04/94
Stonewall
(9) Subdivisions Pending Final Admin. Approval: (P/C or SOS approval
dates
Abrams Point, Phase I
Hampton Chase
Lake Centre
Coventry Courts
Freeton
Village at Sherando
Paul Negley
Fredericktowne Est., Sec 8 & 9
Lake Holiday Sec. 1B
6/13/90 Shawnee
02/27/91 Stonewall
06/19/91 Shawnee
12/04/91 Shawnee
05/20/92 Opequon
06/16/93 Opequon
08/11/93 Stonewall
10/06/93 Opequon
12/08/93 Gainesboro
(10) PMDP Pending: (dates are submittal dates)
None
(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) PMDP Administ. Approved (dates are admin. approval dates)
None
(13) Board of Zoning Appeals Applications Pending:(submit. dates)
Fred. Co. Sanitation Auth 12/06/93 Shaw 341front & 43'side
expansion of Parkin -
Mill Wastewater Trmt. Plan
3
Kerry Poche 12/08/93 Ston 1'8" front -existing
house
(14) BZA Applications Approved• (approval dates)
None
(15) BZA Applications Denied•
None
(16) PLANS RECD. FOR REVIEW FROM CITY OF WINCHESTER
None
E. PLANNING AND DEVELOPMENT - ACTIVITY REPORT #48 (Dec 16-31)
1. GIS & Maiming
Digital tax maps are being updated and corrected by Chris
Mohn, an intern to the Planning Department. Several problems and
projects concerning tax maps that have been on hold are now being
completed. The digital tax maps in Autocad format are being
converted to .DXF files, which the GIS/ArcInfo Program will accept.
Planning staff members are using Autocad and ArcInfo to
produce the maps which will be used by the consultant to the
Battlefield Task Force. Multiple layers of information are being
researched and digitized into the system.
2. Public Education
Lanny Bise spoke with the Blue Ridge Kiwanis Club on
December 16 about planning efforts in Frederick County.
3. Violations
Lanny Bise filed criminal charges on four zoning
violations. He is continuing to update the department's violation
database.
E. PLANNING AND DEVELOPMENT - ACTIVITY REPORT #49 Jan. 1-15
1. Corridor H
Bob Watkins attended the Corridor H Advisory Committee
meeting. Among other topics, plans for a February 10 public
meeting at Signal Knob Middle School in Strasburg were discussed.
2. Route 642
On January 11, Kris Tierney met with Mrs. Hack and her
children, along with supervisors Smith and Sager, to discuss the
1.05 acres of land needed from Mrs. Hack for the proposed
realignment of the Route 642/647 intersection. Mrs. Hack was
offered the same per acre rate for her land as was offered to Mr.
Sargent and Mr. Heflin. As of this date, Mrs. Hack has not
responded to the offer.
On January 14, Kris Tierney met with numerous
representatives of VDOT and staff from G.W. Clifford & Associates
to coordinate details of the final design for Route 642.
3. Other Transportation Issues
Bob Watkins attended the Lord Fairfax Planning District
Commission Transportation Technical Committee meeting. various
issues were discussed.
4. Battlefield Task Force
Bob Watkins and Mark Lemasters met with the Battlefield
Task Force. Economic benefits and the ISTEA proposal were
discussed. The Task Force decided to contact legislators and other
parties to request support for the battlefield preservation
efforts.
Bob Watkins and Mark Lemasters conducted an on-site
evaluation of the Grim Farm Battlefield site.
Lanny Bise is working with Mark Lemasters to produce a
battlefield sites inventory.
5. Other Historic Issues
Bob Watkins and Kris Tierney met with representatives of
the Historical Society to discuss publication of a book on historic
structures in the County.
6. CTP
On January 10, Kris Tierney met with Stan Hough, editor
of the Frederick County Edition, to discuss the proposed CIP.
7. GIS and Mapping
Evan Wyatt updated tax maps and zoning maps for
publication and produced the Primary Road Improvement Plan Map.
Both Mark Lemasters and Chris Mohn are producing Battlefield Plan
Location Maps and Evan Wyatt is digitizing the zoning onto those
maps.
8. Plans Review
Evan Wyatt reviewed plans for Briarwood Subdivision, the
Cliff Borden Retail Truck Parts Site Plan, and the Valley Protein
Utility Building Addition.
9. Site Inspections
Evan Wyatt conducted site inspections at the L & L
Builders Warehouse addition, the Glaize Truss Plant Manufacturing
Building addition, the Freeton Townhouse Development, and the
Lakeview Townhouse Development
Lanny Bise conducted a site inspection for Valley Bible
Church.
10. Development Meetings
Bob Watkins and Evan Wyatt met with Chuck Maddox to
discuss master development plan requirements for a potential
multifamily residential development on Greenwood Road, adjacent to
Country Park subdivision. Bob also met with Chuck Maddox on
several other new development proposals.
11. Comprehensive Plan
Lanny Bise finalized work on the Comprehensive Plan.
12. Annual Report
Lanny Bise is currently working on the department's 1993
Annual Report.
J -
MEMORANDUM
TO: Frederick County Planning Commission
FROM: Robert W. Watkins, Director
SUBJECT: 1994 Subcommittees
DATE: January 21, 1994
COUNTY cif FREDERICK
Department of Planning and Development
703 / 665-5651
Fax 703/678-0682
Please find attached a listing of the Subcommittees and liaison positions that were in effect
during 1993. Staff has not been contacted regarding any changes and has none to recommend.
RWW/slk
attachment
1) I oi(h I-OLO(1U11 SH -CCI P.O. 13o\ 001
Winehcstcr, VA 22601 Winchcslcr. VA 212604
Committee
Comprehensive Plans
and Programs:
Development Review
and Regulations:
Liaisons:
1994
PLANNING COMMISSION
SUBCOMMITTEES
Members
Ronald W. Carper
George Romine
Manuel DeHaven
Marjorie H. Copenhaver,
John Light
Todd Shenk
Blaine Wilson
Roger Thomas, Chairman
Sanitation
Economic Development
City of Winchester
Historic Resources
Chairman
Transportation
Joint Transportation
Joint Stephens City
Planning Committee
Battlefield Task Force
Alt. WstWater Trmt Study TAC
COMMITTEE MEETING SCHEDULE
Worksessions
HRAB
Transportation
City of Winchester
Sanitation
EDC
Joint Transportation
Joint Stephens City Planning
Meeting Time
2nd Monday of each month
7:30 p.m.
2nd Tuesday of each month
7:30 p.m.
Marjorie Copenhaver
George Romine
Ronald W. Carper
Todd Shenk
Roger Thomas
Jim Golladay
Marjorie Copenhaver/
Roger Thomas
John Light
George Romine
4th Monday of each month at 7:30 p.m.
3rd Tuesday of each month at 7:30 p.m.
1st Monday of each month at 7:30 p.m.
3rd Tuesday of each month at 3:00 p.m.
3rd Wednesday of each month at 5:30 p.m.
3rd Thursday of each month at 8:00 a.m.
5th Monday of each month at 7:30 p.m.
3rd Monday of each month at 7:30 p.m.
(Meeting schedule for the Transportation Committee may change to the first Tuesday of each month)
P/C Review Date: 02/02/94
CONDITIONAL USE PERMIT #013-93
HCMF CORPORATION
Addition to the VanGilders Care Center
LOCATION: From Route 11 North to Jackson Ave., right Pennsylvania
Avenue to the end of the street. Property is on the left.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER 54-A-32
PROPERTY ZONING & PRESENT USE: Zoned RP (Residential Performance)
Convalescent/Nursing Home
ADJOINING PROPERTY ZONING & PRESENT USE: Zoned RP (Residential
Performance), Land use - Residential
PROPOSED USE: Convalescent and nursing home. 24 bed addition to the
existing main building and a 6 bed addition to two existing cottages.
REVIEW EVALUATIONS:
Virginia Department of Transportation• Since this property is
on a privately maintained street, this department has no
comment.
Ins ections De artment: Building shall comply with VA Uniform
Statewide Building Code and Section 307, Use Group I
(Institutional), 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. NOTE: Minimum
type of construction permitted is 5-A, protected. Requires
firewalls between old and new structures. Shall be completely
sprinkled throughout. All building plans shall have a Virginia
A/E seal.
Fire Marshal: A 201 fire lane will be needed along the north
side of the large addition for adequate access to the west side
of the building. The existing hydrant on site is not shown on
the sketch. Please show this hydrant and fire lane on site
plans when submitted. Burning of construction debris is not
permitted on site. Access for emergency vehicles must be
maintained at all times during construction. If construction
occurs during cold weather, use of portable kerosene or propane
heaters will be strictly regulated by the Fire Marshal's office.
All work shall comply with the applicable Use Group.
Health Department: Health Dept. has no objection to conditional
use permit.
Sanitation Authority: I have no problem with building
additions. I will need to review the site plan for this new
work for water and sewer lines.
City of Winchester: See attached memos from Tim Youmans, City
Planning Director, dated November 11, Jessie Moffett, Utilities
Dept., dated December 6, and L.A. Miller, Winchester Fire and
Rescue, dated December 13.
Planning Department: A convalescent and nursing home is
permitted in the RP zone with an approved conditional use
permit. This facility has been operating as a legal
nonconforming use and cannot expand more than 50% in that
status. A 50% expansion would allow addition of 3973 square
feet and they desire to add 8974 square feet to the facility.
The desired expansion is the force behind this application.
The comments of Tim Youmans, Winchester Planning Director, are
certainly worth mentioning and bringing to everyone's attention.
Since the material presented is not an official transportation
plan for the area, although a reasonable consideration, staff
does not believe this can be allowed to significantly influence
the decision on this application. Denying or requiring
modification of this application based on an unofficial
transportation plan could well be considered a "taking".
The comments of the Winchester Public Works Director and the
Fire Chief indicate that the current water supply from
Winchester is probably not adequate to meet the demands of an
expanded facility. Staff believes it would be reasonable to
require the owner to have the system evaluated for water
requirements and then upgrade the Winchester connection or
connect to the Sanitation Authority system if additional water
capacity is required. Fire protection would be a major
consideration in making this determination.
Pennsylvania Avenue is a Winchester street that is only
maintained up to the Frederick County line. Basically this is
the bridge that is south of the VanGilder facility. The
facility is actually served by a private street which is an
extension of Pennsylvania Avenue. The concerns of the
Winchester Fire Chief are valid as far as there being somewhat
of a restriction for ingress/egress to this property. This is
simply caused by the location and configuration of the property
and the deadend street. The applicant must be responsible for
maintaining the street from the city line to the entrance to the
nursing home facility.
A site plan will be required for any construction on this site.
STAFF RECOMMENDATIONS FOR FEBRUARY 2 1994 PC MEETING: Approval
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. Applicant must comply with all requirements of the state and
county codes pertaining to nursing/ convalescent homes at all
times.
WING
CITY OF WINCHESTER, VIRGINIA
Rouss City Hall
15 North Cameron Street
1R GI�1 Winchester, VA 22601
703-667-1815
MEMORANDUM
TO: Wayne Miller, Zoning Administrator, Frederick County
FROM: Timothy Youmans, Planning Director, City of Winchester
RE: Conditional Use Permit- 1011 Pennsylvania Avenue
DATE: November 11, 1993
I have reviewed the Request for C.U.P. Comments pertaining to the
proposal by HCMF Corp to expand the Vangilder's Care Center at the above
address. Because the City provides utility service and often serves as the
first emergency response to this site, T_ have asked our Public Utilities and
Fire and Rescue Departments to provide comments also.
My planning comments are primarily related to transportation issues. In
addition to the site having relatively poor street access, the site of this
e.xpanded conditional_ use falls within an identified long-range roadway
corridor extending Brooke Road west from its current terminus at Route 111`T
to a ne�,i westerly terminus at Route 522N. The attached map entitled
"Alternative 4, Long -Range Roadway Improvements, Winchester Area
Transportation Study" and the aerial photograph depict this proposed new
alignment.
While it is premature to determine an exact alignment of this roadway,
the length of this improvement and the pattern of existing develor_ment allow
for fairly precise estimating of the alignment. Given this, there should be
careful evaluation of the impact that approval of this conditional use will
have relative to the transportation and landuse planning policies of the
Frederick County Comprehensive Policy Plan. This roadway corridor offers a
major enhancement to access between Fort Collier Industrial Park and Route
522 North. Currently, trucks heading south on 522 must exit 522 and make a
left turn onto Route 37, make a left off of Rte 37 Just east of where 37 and
Rte 11 merge, make another left onto Rte 11 south in front of Crown_ Cork and
Seal, and make a final left turn from Rte 11 into Ft Collier Tndustrial
Park. The only alternative currently is to weave down through the City.
While there is little concern over the compatibility of this use with
adjacent landuses, I question the wisdom of intensifying any conditional use
on this specific site. This concern is most closely related to the standards
listed as 'C' and 'E' under Section 165-15 of the County Zoning Ordinance.
Acquiring right-of-way for needed hiahway corridors has proven to be the
most difficult and expensive element of roadway implementation- far
exceeding the engineering challenges of roadway construction. Given this, it
is troubling to encourage "exceptional" uses of land which will only delay
the improvement or increase the cost.
"THE APPLE CAPITAL"
Wa-me Miller
November 11, 1993
Page 2
Perhaps, as a ccupromise, the applicant can demonstrate how a two-lane
roadway can be accommodatedalong the northerly end of the site while still
allowing expansion of the use upon the remainder of the site. While it may
be unreasonable to expect the property owner to dedicate all the necessary
right-of-wav, far less contribute to the cost of constructing this future
road, it would not be unreasonable to ask the applicant to design the
expansion (buildings and parking) in a way that preserves a usable corridor
for future acquisition and roadway construction at public expense with due
compensation to the owner.
Please call me if you have any questions regarding this response to the
request for C.U.P. comments.
Attachments
N
iGal
a
grepNe "aft In (set 7 11 61
O 500 1000 Z 4 ' ,�,.•..•...•Z
6
FUNDS TO BE A (A)
PROVIDED BY 4
WINCHESTER
MEDICAL Q REMOVE 81 ry
CENTER -^ RAMPS
to
50
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/. 7
/ Winchester 4 ti
59
A/
07 Q / 4
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I/
REMOVE rO
INTERCHANGE A
1 4 ,
11 �' 77
a Frederick n County LEGEND
2 OEVEIOPEq OR. 2
4 81 �� N STUOY AREA BOUNDARY
S(e h• 6s.\ 4 N " """" IMPROVEMENTS ASSUMED
p'• L TO BE IN PLACE FOR
--: 1311Y��' 6a NO -BUILD CONDITIONS
•� - 2 oT 4 14 22 IMPROVEMENTS TO ROADWAY ON
N EXISTING AL!GNMENT
X. 3b ROADWAY ON NEW ALIGNMENT
XXXXXXXXX ROADWAY REMOVED
1 4 27" ...n•........ IMPROVEMENT TO CORRECT
4 EXISTING GEOMETRICOEFICIENCY
1
4 NUMBER OF LANES
(Imues Bosh Oiradiona l
• NEW INTERCHANGE
NOTE: The Weailons of roadway RECONSTRUCT INTERCHANGE
kvwansnu eh~ art the map are
spprmlmua end lor pimm ig punme mly- (A) FULL CLOVERLEAF INTERCHANGE
Route 77 Eatenelon (Emil keaum I. SWGLE POINT URBAN
graphically shown for modeling purpwe DEFICIENT SEGMENT (B) WTERCHANGE
mly. The I" WaWn wNl be deferrmred
by a separate P.E. aludy conducted by -------DENOTES SEGMENTS TO BE REMOVED DIAMOND INTERCHANGE WITH
Frederick Courtin c Jordon wah VOOT. FROM MODELED THOROUGHFARE SYSTEM (C ) FIVE LANE DECK
ALTERNATIVE #4
LONG-RANGE ROADWAY IMPROVEMENTS
WINCHESTER AREA TRANSPORTATION STUDY
Nur�`.t°Cr [a lUii (.ih""''ry'r'WQ On 1//V/!CS
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Nx
MEMORANDUM
TO: Wayne Miller
FROM: Jesse Moffett 1�
1
DATE: December 6, 1993
RE: Conditional Use Permit, 1011 Pennsylvania Avenue
Our review of the utility needs of the expansion of the Vangilder Care Center brings a few
points of consideration. At the present time, the City does provide water service to the existing
facility through an 1 1/2" water meter and also provides sewer service through the Pennsylvania
Avenue lift station. Considering the development of further structures and consideration for fire
protection, it may be in the best interests of the county to have the developer consider
reconsidering his water supply and acquiring water and sewer service from Frederick County
Sanitation Authority. It is my understanding that both water and sewer service is available
through the county system immediately adjacent to this property.
We bring this up due to the fact that there may not be adequate fire protectj'on to meet the
developer's needs. If that should be deemed inappropriate, there would have to.Tine upgrading
done from the intersection of approximately Locust Avenue and PennsylvaniaAvenueto the
county line, providing an upgrade in the line for fire protection purposes. We will leave this
to the developer's discretion.
bhm
Attachments
J
7L
Wimhester 3ire aid Rescue
L. A. MILLER, FIRE CHIEF 126 NORTH CAMERON STREET, WINCHESTER, VIRGINIA 22601
EDDIE M. LILLIS, SR., CAPTAIN PHONE (703) 662-2298
FRANK E. WRIGHT, CAPTAIN FAX (703) 667.0118
TO: Tim Youmans, Planning Director
Winchester Planning Department
FROM: L. A.
Miller __✓/✓,
Fire Chief
RE: Vangilder Care Center - Proposed Expansion
DATE: December 13, 1993
I have reviewed the submitted information relating to the before
referenced as well as made a site review. The following comments
are based on these reviews.
As the property is located within Frederick County primary
responsibility for Fire & Rescue Services is Frederick County
Station 13, Clearbrook Fire Company. However, as a practical
matter a City Fire & Rescue Station has been requested to respond
to this facility on a first call basis and due to travel distance
is normally first to arrive on the scene..
The physical location of this property creates some potential
difficulties as related to apparatus ingress and egress. The
ability to ingress and egress may become particularly acute in
the event of an incident requiring resident evacuation.
Specifically, access concerns are created as the facility is
located at the end of a dead end street which must be accessed by
a bridge.
The second concern relates to the water, supply for fire
protection. The water main system and hydrant locations may be
inadequate to provide water supply for either built in fire
protection systems or fire department operations. I understand
the facility is currently served by a 1-1/2° water main/meter and
there is no main of significant size extending from Pennsylvania
Avenue to the facility. Furthermore, the extension of a main
from Pennsylvania Avenue to the facility will result in a dead
end main. Jesse Moffett has addressed this issue and has
suggested an alternate water supply.
I appreciate the opportunity to address concerns as related to
this facility. Should there be questions, please contact me.
pc: File
Submittal Deadline
�c'`"� P/C Meeting
BOS Meeting
APPLICATION FOR CONDITIONAL USE PERMIT
FREDERICK COUNTY, VIRGINIA
1. Applicant (The applicant if the owner X other)
NAME: HCMF Corporation
ADDRESS: 2965 Colonnade Dr Roanoke, VA 24018-3541
TELEPHONE (703) 774-4263
2. Please list all owners, occupants, or parties in interest of
the property:
Health and Equity Resources Winchester,
3. The property is located at: (please give exact directions and
include the route number of your road or street)
1011 Pennsylvania Ave. from Rt. 11 North Left
on to Jackson Ave. Right, on to Pennsylvania, to
end of Road property on Left.
4. The property has a road frontage of 380.01 feet and a
depth of 209.76 feet and consists of1,601471 acres.
{Please be exact)
5. The property is owned by Health Equity Resources of Winchersster, Inc.
evidenced by deed froml)Vangilder's Care Center, Inc recorded
2)Fred Boyce and Brenda Whit6previous owner)
in deed book no.1)6632)722on page 1)1222)34,5 as recorded in the
records of the Clerk of the Circuit Court, County of
Frederick.
6. 14 -Digit Property Identification No. ��f -" 0a
Magisterial District Stonewall.
Current Zoning Residential Performance
7. Adjoining Property:
USE ZONING
North Residential Residential Performance
East Pennsylvania Ave. ---------
South Residential Residential Performance
West Cumberland Railroad---------
_s -A i+- r..;+-1, +-},o Dlanninn Pant'_
8 . The type of use proposed is kc— , - w i �-.. -1-- 1-11111 ' --r --
before completing) Convalescent and Nursing Home.
9. It is proposed that the following buildings will be
constructed: Proposed 7,474 sq. ft. 24 Bed addition to
the main building. Proposed 1,800 s . ft. 6 Bed addition
to the two Cottages, This will connect them together.
l0. 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.
NAME
5hockey & Howard and
Address Martiansburg
Pike Winchester VA 22603
Sons, Inc.
-
- - -0012-0
Property ID#
Property
5400 -OA -00-0011-0
Mr. and Mrs. Jamie
Address 191 Lee
Ave. Winchester VA 22603
Lupton
Property ID#
54000 -OA -00-0029-0
54000 -OA -00-0030-0
Harris & SInders
Address 1625
22601
South Loudan St. Winchester VA
Property ID#
54A-02-00-0001-0
Company
Address 1007
Pennsylvania Winchester VA 2260.
Collen Helsey
Property ID#
City tax Map #1141-1-130
Address
Property ID#
Address
Property ID#
11. Please use this page for your sketch of the property. Show
proposed and/or existing structures on the property, including
measurements to all property lines.
T
CDVG(t6
LPOfI'.h
nI FvN ADUT oN
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P�lelNS` L\WAIA
12. Additional comments, if any: This proposed contstruction
will bring the total number of Beds to 78. The Square
footaae will change from 7,947 to around 16_,921.. We are
planingto renovate the existing property. When finished the
residents will have more recreation space, a new kitchen, a
new laundry and a new fresh atmosphere. Also, because
the facility is larger it will require an increase in staff,
which means more jobs to the local community.
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
Owners' Telephone No.
460 East 26th Street Suite 1 Erie Pa
16504-2802
814-453-5137
TO BE COMPLETED BY ZONING ADMINISTRATOR
USE CODE:
RENEWAL DATE:
'114
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CUP #013-93 PIN: 54-A-32
HCMF CORP,
M E M O R A N D U M
TO: Frederick County Planning Commission
FROM: Wayne Miller, Zoning Administrator
SUBJECT: Proposal for Lake Centre
DATE:
January 18, 1994
COUNTY of FRFDFRICK
Department of Planning and Development
703 / 665-5651
Fax 703/678-0682
Mr. Chuck Maddox of G. W. Clifford & Associates has requested time to make a presentation
to the Commission concerning the revision of the Master Development Plan and Site Plan for
the Lake Centre project located at the corner of Macedonia Church Road (Route 642) and
Chinkipin Drive.
This property has a current approved MDP and subdivision for a townhouse development. The
subdivision plats have never been administratively approved or recorded. The original developer
has now sold the tract approved for townhouses to another individual who wishes to put
apartment buildings on this site. These proposed apartments are intended to be sold for private
ownership.
Staff has advised that a new master plan and site plan will be required for this proposal.
WWM/slk
9 North Loudoun StI-CC[ P.U. 13o\ 601
Winchcstcr, VA 22601 Winchesicr. VA 12-004
gilbert w, clifford & associates, inc.
INCORPORATED 1972
Engineers Land Planners Surveyors Water Quality Analyses
Corporate Office: 150C Olde Greenwich Drive • P. O. Box 781 Fredericksburg, VA 22401 • (703) 898-2115
Winchester Office: 200 North Cameron Street • Winchester, VA 22601 • (703) 667-2139
January 3, 1994
Mr. Robert Watkins
Frederick County Planning Department
P.O. Box 601
Winchester, Virginia 22604
Re: January 12 Planning Commission Agenda
Dear Bob,
Representatives from our firm would like to discuss informally, the Lake
Centre Condos project with the Planning Commission at their January 12th
scheduled bi-monthly meeting. You may recall, this site has been approved for 23
townhouses by both master plan and site plan subject to bonding; h ew
owner desires to ask for a master plan revision to a changed us of 32 condo units.
If you have any questions please do not hesitate to call.
Sincerely,
q 9 a
C. E. Maddox, Jr., P.E, VP
Gilbert W. Clifford & Associates, Inc.
CEM/kf
cc Sarkis Satian, Satian Enterprises, Inc.
BOARD OF DIRECTORS
C `J Thomas J. O'Toole, P. E. Charles E. Maddox, Jr. P. E. Earl R. Sutherland, P. E.
C P. Duane Brown, C. L. S. William L. Wright, Laboratory Director
/j
I
0
--- -- - — JOE NO 9 1 'i U
AN' 1994
PROJECT SUMMARY
Total Acreage = 3.4113 Acres
Existing MDP Density = 6.74 TH's/Acre
Proposed MDP Density = 9.38 Condos/Acre
N
Gilt�crt. W. Clifford ajid Assocjak--,. In(--
2ngm—,, Lend Planner- Sur�ecOrs
75�-C IJldry (1reenw;0, Dr. 20U NcrtlCe7� r i_
Fredericksburg, Virginia 22401 =Inches mer, `.'irq�nc 2601
FREDERICK COUNM',
X1)0
i
VIRGINIA
MEMORANDUM
COUNTY of FREDERICK
Dcpartmcnt of Planning and Dcvclopmcnt
703 / 665-5651
Fax 703/078-0682
TO: Frederick County Planning Commission
FROM: Robert W. Watkins, Planning Director R,/j/l'kl
SUBJECT: Public Meeting Procedures
DATE: January 21, 1994
The staff will be showing a videotape from VDOT on public meeting procedures for your
information.
RWW/rsa
9 North Loudoun Slrcct P.O. BoK 001
Winchcslcr, VA 212601 Winchester. VA 212604