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HomeMy WebLinkAboutPC 09-02-98 Meeting Agenda7•nn P M A'1Ped6 AGENDA � FREDERICK COUNTY PLANNING COMMISSION V The Board Room Frederick County Administration Building Winchester, Virginia SEPTEMBER 2, 1998 CALL TO ORDER TAB 1) Minutes of July 1, 1998 and August 5, 1998 ............................... A 2) Bi -Monthly Report .................................................. B 3) Committee Reports.................................................(no tab) 4) Citizen Comments.................................................(no tab) PUBLIC HEARING 5) Conditional Use Permit #005-98 of Appleland Sports Center, submitted by Ralph S. Gregory, to amend Conditional Use Permit #006-96 by adding the following uses: 1) Go- cart track (indoor or outdoor); 2) Ice-cream/food convenience concession stand, 3) Par 3 golf course; 4) Water slide; and 5) Accessory retail associated with the permitted recreation uses. The property is located at 4506 Valley Pike and is identified with Property Identification Numbers 75-A-27 and 75 -A -27A in the Back Creek Magisterial District. (Mr. Ruddy) ...................................................... C 6) Rezoning Application #011-98 of R T & T Partnership (Kernstown Business Park) to rezone 17.84 acres from B2 (Business General) to B3 (Industrial Transition). This property is located on Valley Pike (Route 11 South), approximately'/4 mile south of the Route 37 interchange and is identified with Property Identification Number 75 -A -2D in the Back Creek Magisterial District. (Mr. Wyatt) ....................................................... D Proposed Modification o he Comprehensive Policy Plan, Eastern Road Plan Map, to relocate and revise t nctional classification of existing and proposed collector roads between a eyRoad 659) and Millwood Pike (Route 50). (Mr. Wyatt) ..................... .............................. E 8) Other MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on July 1, 1998. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; John R Marker, Vice-Chairman/Back Creek District; Robert A. Morris, Shawnee District; Marjorie H. Copenhaver, Back Creek District; John H. Light, Stonewall District; W. Wayne Miller, Gainesboro District; George L. Romine, Citizen at Large; Robert M. Sager, Board Liaison; and Jay Cook, Legal Counsel. ABSENT: S. Blaine Wilson, Shawnee District; Terry Stone, Gainesboro District; Richard C. Ours, Opequon District; Roger L. Thomas, Opequon District; and Vincent DiBenedetto, Winchester City Liaison. STAFF PRESENT: Kris C. Tierney, Director; Evan A. Wyatt, Deputy Director; Eric R Lawrence, Zoning Administrator; Michael T. Ruddy, Planner 11; and Renee' S. Arlotta, Clerk. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. BIMONTHLY REPORT Chairman DeHaven accepted the report for the Commission's information. COMMITTEE REPORTS Comprehensive Plans & Programs Subcommittee (CPPS) Mrs. Copenhaver reported that the CPPS will be having a joint work session with the Board of Supervisors Wednesday, July 8, 1998 from 6:00 - 7:00 p.m. in the Board Room to discuss the Southern Frederick Land Use Study. rredenck County Planning Commission Minutes of July 1, 1998 Page 225 -2 - Economic Development Commission (EDC) Mr. Romine reported that the EDC is working on four issues from the retreat: 1) economic direction from the City and the County; 2) redevelopment of the downtown area; 3) work force development for the City and the County relationships; and 4) water and sewer delivery. CITIZEN COMMENTS Mr. Michael Milam, owner of Milam's Landscape and Garden Center located at 2186 Northwestern Pike in Frederick County, stated that as of today, he has complied with all County requirements and has been issued a conditional use permit. Mr. Milam thanked the Planning Commission and Planning Staff for their time and patience; he said it was a long, expensive process, but it has now been completed. PUBLIC HEARING Rezoning Application 9010-98 of W. S. Frey, Inc. (Cedar Land Co., L.C.), submitted by G. W. Clifford & Associates, Inc. to rezone 31.74 acres from RA (Rural Areas) to EM (Extractive Manufacturing) District. This property is located approximately 1,600 + feet east of the intersection of Martinsburg Pike (Rt. 11N) and Walters Mill Lane (Rt. 836), and is identified with Property Identification Number 44-A-96 in the Stonewall Magisterial District. Action - Recommended Approval with Proffers Mr. Evan A. Wyatt, Deputy Planning Director, stated that there were no significant issues raised by any of the reviewing agencies. He said that the 31.74 acres proposed to be rezoned are part of a larger tract which is comprised of 121 acres; this acreage is located in the Frederick County Sewer and Water Service Area and is also part of the land that was studied and ultimately placed into the Route 11 North Corridor Plan, which depicts this area for future industrial use. Mr. Wyatt stated that potential impacts resulting from the expansion of the use would be the necessitation of the relocation of Walters Mill Lane (Rt. 836) and the potential for additional generation of noise and dust. Mr. Wyatt said that the applicant has proffered to relocate Walters Mill Road, as required by VDOT, and has proffered no access to Rt. 836 by W.S. Frey Company vehicles. He said that the applicant has submitted an addendum to the original proffer statement which prohibits habitable structures from being constructed on the 31.74 acres and prohibits the addition of any new entrances on Route 836, along the subject acreage. Mr. Wyatt reported that the W.S. Frey Company is subject to permitting through the Division of Mines, Minerals, & Energy (DMME), as well as the Department of Environmental Quality (DEQ) to ensure compliance with dust and noise regulations. Mr. Stephen M. Gyurisin with G. W. Clifford & Associates, the design engineering firm for this project, introduced himself and Mr. David Frye, the owner of the quarry operation, and Mr. Mark Georgiana, Frederick County Planning Commission Minutes of July 1, 1998 Page 226 -3 - Plant Manager_ Mr. Gyurisin said that no significant changes are planned for the existing operation, other than its extension southward. Mr. Gyurisin spoke about their plans for designing and construction of the road relocation and terming the quarry operatiom He informed the Commission that the proposed site is 1,800'-2,000' from the nearest residence, which is the Roberts' house at the entrance of Walters Mill Lane. He said that the existing traffic on Walters Mill Road is low, with about 76 vehicles per day, and serves five houses and a kennel (Aberdeen Acres). Mr. Gyurisin believed that relocation of the road will facilitate traffic flow, by improving access, by improving the ability of the residents to use their property, and may improve the value of the land. Chairman DeHaven called for public comment and the following persons came forward to speak: Mr. Ross Ebersole, owner of Aberdeen Acres, began his statement by voicing his support for the Frey Company's quarry expansion project. Mr. Ebersole then proceeded to tell the Commission about his work experience before owning Aberdeen Acres, in which he was employed by companies which specialized in automating industrial and mining processes. He said that he was very familiar with mining operations, along with their impacts on the environment and adjoining properties; and, he stated that mining is an extremely dirty, dusty, and noisy process which, in almost all cases, leaves long-term detrimental scarring on surrounding areas. Mr. Ebersole said that he contacted a real estate appraiser from Reston to solicit guidance regarding the anticipated impact of the expanded mining operation on his commercial property and it was calculated that he would experience a monetary loss in excess of $120,000. He stated that other property owners surrounding the quarry expansion could also expect similar decreases in their property values. Mr. Ebersole continued, stating that Frey Company representatives met with adjoining property owners last evening; however, they continue to be vague on details about the location of the road and the amount of extra noise, dust, and vehicular traffic that is anticipated. Mr. Ebersole believed the adjoining property owners had a right to know how their properties and the environment will be impacted. He requested that the Planning Commission delay voting until all of the neighbors' concerns were addressed, until the Frey Company had completed preliminary engineering studies and submitted plans for approval, until VDOT and the County agreed on what portion of the road would be upgraded and who will pay for it, and, until it was determined if any homes along Walters Mill Lane would be condemned during road construction. Ms. Tina Funk, representing her parents T. Earl and Hazel T. Haines, adjoining property owners, remarked that they already experience considerable dust and window -shaking, and her parents had to install a new water system because they suspect their well may be cracked. Ms. Funk said they are farmers --her family owns cattle, horses, and hogs --and they are concerned about environmental issues, such as water pollution to Hot Run Spring and the affects of limestone dust on their livestock. She was concerned about who would be responsible for the pollution and land depreciation. Ms. Tina Bragg, resident along Walters Mill Lane, stated that the quarry expansion will also affect residents on Gun Club Road and she believed those residents should also be contacted. Ms. Bragg said that the Frey Company representatives assured the residents there would not be any increase in noise or dust, however, Ms. Bragg didn't agree because it would take some time to actually dig a hole. She said that there's going to be some surface mining going on for a while and this activity would contribute to additional noise and dust for the neighbors. Ms. Bragg raised the subject of the relocated road paralleling the existing railroad tracks and she was concerned that the proposed 200' between the road and the tracks was not enough separation to provide safety. In addition, Ms. Bragg asked for clarification on the road surface and whether it would be hard - surfaced or tar and chip; and, she inquired if VDOT would improve the remainder of the road, at least to the end of state maintenance. Frederick County Planning Commission Minutes of July 1, 1998 Page 227 -4 - Mr. Gregory G. Roberts, adjoining property owner, also inquired about plans for the remaining section of road, between Route 11 and the relocated portion, and how the road would be surfaced. Mr. Roberts mentioned that at one section of Walters Mill Lane, his kitchen is a mere 15' from the center of the road, while his well is approximately 15'-20' away. He said that he realized when he moved into the house that the road may someday have to be upgraded and he wondered whether the road could be widened from the other side. Mr. Roberts continued, stating that as far as environmental impact or damage, his property is sitting on top of a fault. He said that if the quarry expansion would cause physical damage to anyone's home, it would be his and the Frey Company assured him that their insurance would cover the liability. Mr. Alan N. Cutshaw, adjoining property owner, said that he was concerned about vibration and its cumulative effect on the foundation of his home and the ability of his lake to hold water. Commissioner Miller addressed the road issue for members of the public; he said that Frederick County does not own any roads --roads are either "state-owned" or "privately -owned." Commissioner Miller stated that if a state -maintained road has 250 trips per day or less, it is only required to have a tar and chip surface; it is not required to have bituminous concrete (black top). He explained that the base of the road is essentially the same, however, the surface can be different. Commissioner Miller said that Frederick County does not make that decision, it is made by VDOT. Mr. Gyurisin returned to the podium and addressed the concerns raised by the citizens. Commissioner Miller believed that if the property is rezoned, it should be stipulated that no mining of limestone will occur until Walters Mill Lane (Route 836) was relocated; that assurance be given by the W. S. Frey Company that they will initiate and complete the road abandonment procedure after relocated Route 836 is constructed; and, that assurance be given to Mr. Roberts that the road will not be moved closer to his house. Commissioner Morris stated that with this request, he sees tremendous advantage to one property owner and many disadvantages for multiple property owners. He noted that the disadvantages expressed seem not so much in opposition to the expansion of the mining operation, but are for some simple assurances up front. Chairman DeHaven did not believe it was within the Planning Commission's power to give Mr. Roberts assurances on where the road right-of-way would come from. He did believe that most of the concerns expressed by the citizens are addressed by the DEQ's and the DMME's permitting process and yearly inspections. The majority of members believed that the request to rezone the additional 34.71 -acre area was appropriate, provided that the applicant address the issues raised. It was noted that the quarry has been at this location for more than 30 years; and, considering the existing size and scope of the quarry, which is almost two miles long, they are only requesting an additional 500'-600' to expand operations for a few more years. As far as the road was concerned, Commission members noted that the quarry cannot move forward without VDOT's approval and VDOT cannot move forward without the County's approval. Upon motion made by Mr. Light and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend Frederick County Planning Commission Minutes of July 1, 1998 Page 228 -5 - approval of Rezoning Application #010-98 of W. S. Frey Company, Inc."to rezone 31.74 acres from RA (Rural Areas) to EM (Extractive Manufacturing) with a recommendation to the Board of Supervisors that they request that VDOT improve Walters Mill Lane (Route 836) from Route 11 to the Frye property line, at which point the W.S. Frey Company will be responsible for improvements. The vote on this recommendation was as follows: YES (TO APPROVE): Miller, Romine, Marker, Copenhaver, Light, DeHaven NO: Morris (Note: Mr. Wilson, Mr. Stone, Mr. Ours, and Mr. Thomas were absent from the meeting.) DISCUSSION OF SITE PLAN #032-98 OF KENTUCKY FRIED CHICKEN Mr. Michael T. Ruddy, Planner 11, said that at the Planning Commission's meeting on June 3, 1998, the Commission requested that the pending site plan for Kentucky Fried Chicken (KFC), proposed for the Fox Drive area, be presented to the Commission for formal review and to allow citizens impacted an opportunity to review the plan. Mr. Ruddy said that the applicant has addressed all review agency comments. Commissioner Miller said that he requested that this site plan be brought before the Commission because of the telephone calls he received from concerned citizens who live on Foxridge. Commissioner Miller did not see any problem with the entrance into the proposed KFC off Foxridge Lane, however, his concern was the eventual construction of Foxridge Lane as a state -maintained road back to the perimeter of the property. He said that he realized the road cannot be taken into the State's system at this particular time, but there needs to be some commitment from the developer of this parcel, and future developers along this lane, to participate in the completion of Foxridge Lane as a state -maintained facility. Mr. Tierney said that the KFC parcel is part of the entire remaining tract of land behind the Sheetz convenience store. He stated that there is a note on the site plan which stipulates that at the time the KFC parcel is severed from the rest of the parent parcel or at the time of any future development on the parent parcel, the road will have to be built and/or bonded back to the property line. Chairman DeHaven was concerned how the developer of the KFC parcel planned to construct the approved geometry and the continuation of Foxridge Lane without eliminating the drainage easement and the buffer that they were proposing to install during this phase of development. Mr. Stephen M. Gyurisin of G. W. Clifford & Associates, Inc., the design engineers for the KFC project, assured the Commission that the roadway and drainage could be accomplished without affecting the integrity and workability of the parking lot for the KFC restaurant. He added that the drainage may have to go underground at that point. Mr. Ron Wooley, a resident of the Foxridge development and spokesperson for the 28 homeowners in Foxridge, stated that from the onset, the homeowners believed Foxridge Lane was a private drive rredenck County Planning Commission Minutes of July 1, 1998 Page 229 for their development and have maintained the road as such. He said that they had not realized this was a right- of-way for future development. He stated that Foxridge residents were concerned about their children's safety -- this road is presently a school bus stop, and they are concerned about the additional traffic. Mr. Wooley inquired if the KFC could be accessed from Fox Drive, rather than Foxridge Lane. Mr. Wooley also inquired about how the road would work when additional development goes in behind KFC. It was explained to the residents that direct access to Fox Drive is impossible, because the zoning ordinance's spacing requirements cannot be met. Mr. Ruddy stated that development plans are currently underway for the expansion of the Food Lion and the addition of some retail spaces within the shopping plaza. He said that VDOT, in coordination with that site plan, is obtaining right-of-way for three -lane improvements to Fox Drive, and continuing to the intersection with Rt. 522. Mr. Ruddy said that VDOT is addressing at this time, not only the development of the KFC, but the development that is occurring on the other side of the road, to make a safe and improved situation along Fox Drive and its intersection with Route 522. No action was needed or taken by the Planning Commission at this time. PROPOSED BOUNDARY LINE ADJUSTMENT BETWEEN FREDERICK COUNTY AND STEPHENS CITY Action - Unanimously Endorsed Mr. Kris C. Tierney, Planning Director, stated that at the June 16, 1998 meeting of the Joint Stephens City/ Frederick County Planning Committee, a determination on a boundary line adjustment proposal was reached that was acceptable to both the Town representatives and County representatives; and, the Committee is now prepared to recommend to both governing bodies that they proceed with the proposed boundary line adjustment. Pointing to a map, Mr. Tierney explained that the adjustment involves an area along Fairfax Pike, in the vicinity of the lime kiln and the quarry, and an area north and east of the current town boundary, which contains a small sliver of land currently located within the County, but lying between Route 81 and the eastern edge of the town, that would be conveyed to the Town. He said that a small area at the comer of Springdale and Passage Roads, currently in the Town, would go into the County. He said that the net acreage change would result in approximately 350 acres being added to the Town_ Mr. Tierney said that the Commissioner of Revenue's Office has analyzed the proposed change and concluded that there would be no significant impact to the County's tax base. He said that if the County agrees to pursue the adjustment, the Town's attorney will draft an agreement which would be reviewed by the county attorney. He concluded by saying that details of the arrangement would need to be worked out, including surveying portions of the area intended to be transferred. Members of the Commission inquired about the pursuit of a boundary line adjustment versus an annexation and whether or not public hearings would be held. Frederick County Planning Commission Minutes of July 1, 1998 Page 230 -7 - Mr. Tierney explained that there are a number of ways for a town to change its boundary; the mutual boundary adjustment, which is what is being pursued, is a fairly simple process. He said that the town draws up a proposed agreement, the county attorney reviews it, and it's forwarded to the courts for approval. He said that it is essentially a friendly process and low cost, relative to protracted court hearings that might be more typical of an annexation or a contested adjustment. Stephens City Town Mayor, Ray Ewing, stated that the Town has had several concerns for a number ofyears; in particular, a boundary line adjustment in order to increase the Town's tax base and to provide more room for commercial and industrial economic development; and secondly, groundwater protection. Mayor Ewing believed that both of these issues were being addressed with this boundary line proposal. He said that with this adjustment, the town would be encompassing land enabling them to design a groundwater protection ordinance contained wholly within the Town. Another issue of concern raised by Mayor Ewing was the impact of growth and development on their Historic District which has been recognized by the Department of Historic Resources and the national historic register. Mr. Stephen Chadwell, part owner of a 120 -acre farm bordering Valley Pike and the CSX railroad, stated that 13 of his 120 acres is currently located within the Town of Stephens City and approximately 1/3 of their property will be affected by the boundary line adjustment. Mr. Chadwell said that not only have they paid taxes to the County for over a quarter century, he believed the County was in a better position to manage the area. He added that the road changes proposed in the WATS Plan would result in improvements that would help Stephens City with their issues. Mr. Chadwell concluded by saying that the owners of the Chadwell property are totally opposed to any changes that would affect their real estate along Valley Pike and the CSX Mr. Michael Kehoe, Stephens City Town Administrator, said that there are no areas for Stephens City to expand commercially, because of Stephens City's established historic areas and agricultural district. Mr. Kehoe assured the Commission that the development of the areas anticipated as expansions will be a cooperative venture between the Town and the County; any rezonings that occur would fall under the proffer system and Frederick County would have input on impacts to the school system. Mr. Kehoe continued, stating that he was recently appointed to the Advisory Council on the Economic Development Commission (EDC) and they are working closely with the EDC to ensure that Stephens City is recognized as an economic development area, not only for its historic resources, but for the railroad system and tourism as well. He believed that the entire package being assembled will be beneficial for Frederick County, Stephens City, and property owners. He noted that part of the responsibility of the Commission on Local Government is to make sure all governments are strong within the Commonwealth, including towns. He said that throughout the State, towns are having to expand to compete with outside growth. Members of the Planning Commission were in favor of the boundary line adjustment proposal and believed it to bein the best interest of the Town of Stephens City. They were comfortable that the proposal did not involve farmland to the west or areas south of I-81 and considered this to be a minor boundary line adjustment. Upon motion made by Mr. Miller and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby forward the proposed boundary line adjustment between Frederick County and Stephens City, as presented by the Joint Stephens City/ Frederick County Planning Committee, to the Board of Supervisors with a unanimous recommendation of approval. rreaencic Uounty Ylammng Commission Minutes of July 1, 1998 Page 231 -8- ---X--------- OTHER INFORMATIONAL ITEMS: Woodlands & Steen Slopes Amendments Mr. Eric R. Lawrence, Zoning Administrator, said that the Development Review & Regulations Subcommittee (DRRS) forwarded the proposed woodlands/steep slopes amendment to the Planning Commission in June as a discussion item and the Commission recommended that it be brought back for public hearing. Mr. Lawrence said that the staff has been examining the terminology and is somewhat uncomfortable with some of the wording in the "Bonus Section." He asked for the Commission's permission to take the amendment back to the subcommittee in order to fine-tune the wording. The Planning Commission fully supported the concept of the amendment and had no problems with having it presented back to them as a public hearing item, if all that was done was grooming of definitions. Chairman DeHaven directed Mr. Lawrence to let the DRRS decide whether or not it comes back to the Commission for discussion or public hearing. American Planning Association Memberships for Plannine Commission Mr. Kris C. Tierney, Planning Director, asked the Commission if they were interested in renewing their membership to the American Planning Association (APA). Members of the Commission felt that the APA was an organization for professional planners and although the journal contained some articles of interest, they were not certain of the personal benefit to those at the non-professional level. In light of the renewal fee ($71.00 per member), the Commissioners instructed the staff not to renew the membership. Commission members stated that the Virginia Certified Planning Association (VCPA) membership, however, was tailored to non-professional planners, and interest was expressed that Commissioners remain members of that organization. Frederick County Planning Commission Minutes of July 1, 1998 Page 232 ADJOURNMENT unanimous vote. No further business remained to be discussed and the meeting adjourned at 9:00 p.m. by Respectfully submitted, Kris C. Tierney, Secretary Charles S. DeHaven, Chairman Frederick County Planning Commission Minutes of July 1, 1998 Page 233 11 0 MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on August 5, 1998. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; Robert A. Morris, Shawnee District; Marjorie H. Copenhaver, Back Creek District; S. Blaine Wilson, Shawnee District; John H. Light, Stonewall District; W. Wayne Miller, Gainesboro District; Terry Stone, Gainesboro District; Richard C. Ours, Opequon District; George L. Romine, Citizen at Large; Robert M. Sager, Board Liaison; and Jay Cook, Legal Counsel. ABSENT: John R Marker, Vice-Chairman/Back Creek District; Roger L. Thomas, Opequon District; and Vincent DiBenedetto, Winchester City Liaison. STAFF PRESENT: Kris C. Tierney, Director; Michael T. Ruddy, Planner II; and Renee' S. Arlotta, Clerk. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MEETING MINUTES - NNE 3,1998 & JUNE 17,1998 Upon motion made by Mr. Miller and seconded by Mr. Ours, the meeting minutes of June 3, 1998 were unanimously approved as presented. Upon motion made by Mr. Romine and seconded by Mr. Wilson, the meeting minutes of June 17, 1998 were unanimously approved as presented. BIMONTHLY REPORT Chairman DeHaven accepted the report for the Commission's information. Frederick County Planning Commission Minutes of August 5, 1998 Page 234 -2 - COMMITTEE REPORTS Development Review & Rejzulations Subcommittee (DRRS) - 07/23/98 Mtg. Mr. Morris, subcommittee member, reported that the DRRS discussed a conditional use permit for a Christian organization to make use of their 51 acres of land for an expanded project for their mission efforts. He said that the DRRS also informally discussed the disturbance of steep slopes. Comprehensive Plans & Programs Subcommittee_(CPPS) - 07/08/98 Mtg. & 07/13/98 Mtg. Mrs. Copenhaver, subcommittee member, reported that the CPPS held a worksession with the Board of Supervisors on July 8, 1998 concerning the South Frederick Land Use Study Area and during that meeting, the boundaries of the study area were changed somewhat. She also reported that the CPPS met on July 13, 1998, where they received a request from Mark Smith of Greenway Engineering to extend water service to Lynwood Ritter's mobile home development on Route 636. She said that the CPPS did not object to the request because it was only a two-inch water line to supplement the existing well. She said that the CPPS also discussed the Southeast Frederick Land Use Study at that meeting and are trying to set up several public information meetings. Sanitation Authority (SA - 07/09/98 Mtg. & 07/21/98 Mtg. , Mrs. Copenhaver, Planning Commission liaison to the SA, reported that the SA held a forum on July 9, 1998 to hear representatives of development, housing, and real estate voice their concerns about the proposed fee increases. Mrs. Copenhaver reported that the SA also met on July 21, 1998, and topics included: 1) a resolution passed to bid the Rt. 642/ Rt. 522 water line and the Hogue Run intercepter; 2) adoption of the fee increases; and 3) granting permission to Ronald Walter of Valley Avenue Rental Properties at 3186 Valley Pike to hook onto City sewer. Joint Frederick County/ Stephens City Planning Committee - 07/28/98 Mtg. Mr. Tierney reported that the Town has drafted a proposed agreement on the proposed boundary line adjustment, which will be reviewed by the County Attorney. Mr. Tierney said that the staff will compile a summary for the Planning Commission and Board of Supervisors describing the process. Frederick County Planning Commission Minutes of August 5, 1998 Page 235 SIE PUBLIC HEARING Conditional Use Permit 9003-98 of America House Assisted Living for an assisted living facility. The property is located northeast of Stephens City on the south side of Tasker Road (Rt. 642),1,000' east of Aylor Road (Rt. 647) and 4,000' west of White Oak Road (Rt. 636) and is identified with P.I.N. 75-A-104 in the Opequon Magisterial District. Action - Recommended Approval with Conditions Mr. Michael Ruddy, Planner II, stated that the property is a part of the recently approved "Land Bays" residential master development plan and the location of this proposed facility is consistent with the design of the master plan, in particular, the design of Land Bay 1. He stated that an engineered site plan will be required for the construction of the facility and will need to address all the concerns of the reviewing agencies and requirements of the Zoning Ordinance. Mr. Ruddy said that a road efficiency buffer is required along Tasker Road and a residential separation buffer is required adjacent to the residential uses of Frederick Woods Subdivision. He said that the Planning Staff is recommending that, in providing the required full screen, the applicant implement an earthen berm onto which the landscape elements are placed; a significant earthen berm already exists along Tasker Road and a modification of this, along with an earthen berm adjacent to the residential uses, will fulfill the opaque element requirement of the full screen and will provide a permanent, natural buffer that would significantly mitigate the impact of the facility on the adjoining residential properties and road right- of-way. Mr. Richard Opal, Senior Vice President of America House Assisted Living, introduced himself and Mr. Charles Rice, the owner of the company, and Mr. Charles Engleheart, architect and land planner. Mr. Opal informed the Commission of the various locations in which they have existing facilities and where they are planning future locations in Virginia. He also described the services this proposed facility will provide. Mr. Charles Engleheart, architect and land planner, described the floor plan of the facility. He said that the entrance will be off Spanish Oak Road. Mr. Engleheart stated that they calculated one parking space for every three rooms, of which there are 35 rooms total, and one parking space for the resident manager. He said that this calculation totals 13 parking spaces and they have provided for 19 spaces. Mr. Engleheart said that if the staff decides that additional parking spaces are needed, they will be able to provide them. Questions from the Commission included whether Spanish Oak Road would serve this facility exclusively and whether the applicants anticipated providing a higher level of care at this facility in the future. Mr. Engleheart replied that physical expansion of the facility was not possible on this particular site because of the required setbacks. Mr. Charles Rice, the owner of the company, said that operational design, staffing, and support are all in place, should it be decided that more intensive care will be provided. Mr. Rice explained that it is an administrative process to make the facility intensive or not. He said that the building design is important; however, even more important, are the policies and procedures and the level and quality of staff. He added that they are planning to place about 20 facilities throughout the smaller communities of Virginia. He said that their company is privately owned. There were no public comments. Frederick County Planning Commission Minutes of August 5, 1998 Page 236 Commissioners nett discussed whether a change in the level of care would constitute a change in the conditional use permit and whether this situation should be addressed with an additional condition to the permit Commissioners did not foresee a change in impacts, if this occurred, and decided an additional condition was not necessary. Upon motion made by Mr. Miller and seconded by Mr. Wilson, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit 4003-98 of America House Assisted Living for an assisted living facility with the following conditions: 1. All review agency comments must be addressed and complied with at all times. 2. A site plan shall be approved by the County. A six-foot high earthen berm shall be constructed to meet the opaque requirements of the residential separation buffer. 4. Any expansion of this facility will require a revised conditional use permit and a revised site plan. 5. Applicant must comply with all requirements of the state and county codes pertaining to assisted living care facilities. Conditional Use Permit #004-98 of Wenzel R. and Glenda F. Dousa for a natural miniature golf course (seasonal). The property is located at 154 Gainesboro Road, and is identified with P.I.N. 29 -A -73C in the Gainesboro Magisterial District. Action - Recommended Approval with Conditions Mr. Michael T. Ruddy, Planner II, read the background information and review agency comments. He reported that there were no significant issues raised by any of the reviewing agencies, however, an engineered site plan will be required for the development of this facility. Mr. Ruddy also reported that the County Administrator has issued a pump and haul sewage disposal permit for this operation, as there is no water or sewer on the property. Mr. Ruddy said that in keeping with the rural nature of the Gainesboro Community Center, the staff has recommended limitations on the size of on -premise business signs. Mr. Ruddy said that the staff has recommended approval with conditions. Mr. Wenzel R. Dousa and Mrs. Glenda F. Dousa came forward to describe the proposed operation and answer questions from the Commission. Also present was the Dousa's general contractor, Mr. Kenes of Kenes Landscaping. Commission members informed the Dousas that North Frederick Pike (Rt. 522) was a Federally - funded primary highway and as such, placement of any signs along Route 522 would require VDOT's approval. They also informed the Dousas about the history of the property-- that the existing building was constructed Frederick County Planning Commission Minutes of August 5, 1998 Page 237 -5 - illegally, without a pen -nit; the building was constructed in violation of the setbacks; and as such, it impinges on the adjoining property. They also pointed out that the building was eventually given a Certificate of Occupancy as a "residential storage building." Mrs. Dousa said that they were aware of the history and problems with the building and they have been working with the Building Official to do whatever was necessary to bring the building into compliance. Commission members inquired as to whether refreshments would be sold. Mrs. Dousa replied that they did not want to get into the food industry in any way, however, they would probably provide a few vending machines for soda and candy. She said that the reason they applied for use of the building was because they were thinking of expanding on the miniature golf course to include corporate, birthday, and family parties, where a group could come in and play for the day. Mrs. Dousa added that if someone wanted food on the premises, the customer could arrange on their own to have a caterer bring the food in. Chairman DeHaven called for public comment and the following persons came forward to speak: Mr. and Mrs. Edward R Fowler, adjoining property owners at 140 Gainesboro Road, requested that instead of the applicant placing pine trees along their property line, they preferred that shrubbery be used. The Fowlers said that by screening their western and northern property lines with pine trees, in addition to the existing block building, they would feel too "boxed -in." The Dousas were agreeable to accommodating the Fowler's request. The staff advised the Commission that in the RA Zoning District, there are no buffer or screening requirements; in light of the proposed business, the staff had recommended implementation of a full screen, however, they pointed out that the Commission had the ability to modify the recommended condition as they desired. Planning Commission members were in favor of waiving the buffer condition for a full screen along the Fowler's property line. Commissioners discussed the issue in the event the Fowlers moved out and new property owners moved in. It was pointed out that any new homeowners would be aware of the situation before they purchased the property. Upon motion made by Mr. Miller and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #004-98 of Wenzel and Glenda Dousa for a commercial outdoor recreation - miniature golf facility at 154 Gamesboro Road with a waiver of the full screen condition along the Fowler's property line and the following conditions: All review agency comments must be addressed and complied with at all times. 2. A site plan shall be approved by the County. A full screen shall be provided adjacent to the adjoining residential properties (with the exception of the Fowler's property line). 4. Any on -premise business sign along North Frederick Pike shall be limited to a maximum of 50 square feet in area. Any on -premise sign along Gainesboro Road shall be limited to a maximum of 20 square Frederick County Planning Commission Minutes of August 5, 1998 Page 238 M Teet in area and ten feet in height. Commercial entrances shall be located along Gainesboro Road Any expansion of use or change of use would require a new conditional use permit. OTHER CANCELLATION OF THE AUGUST 19,1998 PLANNING COMMISSION MEETING Chairman DeHaven announced that no action items were pending for the next regularly scheduled meeting of the Planning Commission. Upon motion made by Mr. Miller and seconded by Mr. Wilson, the Commission unanimously voted to cancel the August 19, 1998 meeting of the Planning Commission. VIRGINIA CITIZENS PLANNING ASSOCIATION ANNUAL MEETING, CERTIFIED PLANNING COMMISSIONERS' PROGRAM, AND INSTITUTE_ _. FOR PLANNING Chairman DeHaven announced that the Virginia Citizens Planning Association, Inc. will be holding their 1998 Institute for Planning Commissioners Program and the 31st Class of the Virginia Certified Planning Commissioners' Program on October 11 through 13 at the Koger Holiday Inn Conference Center located near Richmond Chairman DeHaven announced that any interested Commissioners should contact the Planning Staff to arrange registration. ADJOURNMENT unanimous vote. No further business remained to be discussed and the meeting adjourned at 8:15 p.m. by Respectfully submitted, Kris C. Tierney, Secretary Charles S. DeHaven, Chairman Frederick County Planning Commission Minutes of August 5, 1998 Page 239 BIMONTHLY REPORT OF PENDING APPLICATIONS (printed August 20, 1998) Application newly mi PP Y su b tted REZONING: W. S. Frey Co., Inc. (Cedar Land Co., L.C.) (Rez #010-98) Stonewall 31.74 ac. from RA to EM Location: Approx. 1,600' east of the Martinsburg Pk. (Rt. 11) & Walters Mill Rd. (Rt. 836) intersection; along & south of Walters Mill Rd. Submitted: 06/05/98 PC Review: 07/01/98 - recommended approval w/ proffers and condition BOS Review: L08/12/98 - tabled until 09/09/98 MASTER DEVELOPMENT PLANS: Tasker Road Land Bays 1-9 (MDP #004-98) Opequon & Shawnee commercial & residential uses for prop - erties along Tasker Rd; 490 ac.(RP&B2) Location: New Tasker Road (Route 642) Submitted: 05/29/98 PC Review: 06/17/98 - Recommended approval with conditions BOS Review: 07/08/98 - approved with conditions Admin. Approved: Pending SUBDIVISIONS: Star Fort (SUB #016-98) —� Stonewall I Subdivision of a 2.0213 -ac. lot (112) Location: Rt. 522 North at Lauck Drive Submitted: 07/16/98 MDP #004-94 MDP Approved by BOS 09/14/94; MDP Admin Approved 04/10/95 Subd. Admin. Approved: Pending Autumn Glen, Sect. I (SUB 015-98) Opequon 21 lots - duplex & multiplex (52 1 dwellings) on 14.8 ac. (RP) Location: South side of Tasker Rd. (Rt. 642), 0.25 mi. East of Rt. 647 Submitted: 06/30/98 MDP#004-98(Tasker Rd Lnd Bays) MDP approved by BOS 07/08/98; MDP Pending Admin. Approval Subd. Admin. Approved: Pending Briarwood Estates (SUB #014-98) Stonewall 184 single-family lots on 55.7887 ac (RP) Location: East side of Greenwood Rd. (Rt. 656) midway between Senseny Rd. (Rt. 657) & Valley Mill Rd. (Rt. 659) Submitted: 06/29/98 MDP #003-98 MDP approved by BOS 05/27/98; MDP Admin. Approved 06/29/98 Subd. Admin. Approved: Pending Bimonthly Report Printed August 19, 1998 Mark & Raehelle Repine (SUB #004-98) NO MDP Shawnee Subdivision of 1.3719 ac. into 3 s.f. lots I (RP) Location: Heritage Hills Subd.; along the eastern portion of Idlewood Drive Submitted: 01/26/98 PC Review: 02/18/98 - recommended approval BOS Review: 03/11/98 - approved Admin. Approved: Pending Chapel Hill Subdivision (SUB #014-97) Shawnee 34 S.F. Det. Urban Lots on 14.4214 acres (RP) Location: East side of Rt. 522, 0.15 mi. south of Lon croft Rd. (Rt. 785) Submitted: 10/30/97 MDP #006-96: Approved by BOS 08/14/96; Admin. Approved on 09/17/96 Subd. Admin. Approved: Pending Star Fort, Sect. H (SUB #010-97) Stonewall Subdivision of 11.6182 ac. for 26 s.f. detached traditional lots Location: U.S. Rt. 522 and VA Rt. 832 Submitted: 09/16/97 MDP #004-94 Approved by BOS 09/14/94; Admin. Approved 04/10/95 Subd. Admin. Approved: :::JPending Pending Lenoir City Co. Lot 2; Stonewall Indust. Pk. (SUB #007-97) Gainesboro Subdivision of a 2.6584 ac. lot (MI) Location: McGhee Rd. (Rt. 861); approx. 1,000' from Tyson Dr. intersection Submitted: 07/28/97 MDP #006-93 Approved by BOS 07/14/93; Admin. Approved 07/28/93 Subd. Admin. A roved: Pending Bimonthly Report Printed August 19,1998 Dominion Knolls (SUB #005-97) 10 Stonewall 75 s.f. zero lot line lots on 20.278 ac. (RP) Location: So. west corner of Baker Ln. (Rt. 1200) & Ft. Collier Rd. (Rt. 1322) Submitted: 05/16/97 MDP #001-97 Approved by BOS 04/09/97; Admin. Approved 06/30/97 Subd. Admin. Approved: [.Section 1 (25 lots) approved 06/02/98; Sections 2 & 3 Pending Wine -Fred Co. IDC (SUB) Back Creek 1 2 MI Lots (0.552 acres & 20.285 acres) Location: Southeast side of Development Lane Submitted: 09/08/95 MDP #003-87: Approved by BOS 07/08/87; Admin. Approved 06/08/88 Pending Admin. Approval Awaiting signed plats. RT&T Partnership (SUB) Back Creek 1 Lot - 29.6 Acres (132) Location: Valley Pike (Rt. 11 So.) Submitted: 05/17/95 MDP #003-91 Approved by BOS 07/10/91; Admin. Approved 09/03/91 Pending Admin. Approval: Awaiting submission of signed plat & deed of dedication Abrams Point, Phase I (SUB) Shawnee 230 SF Cluster & Urban Lots (RP) Location: South side of Rt. 659 Submitted: 05/02/90 PC Review: 06/06/90 - recommended approval BOS Review: 06/13/90 - approved Pending Admin. Approval: Awaiting deed of dedication, letter of credit, and signed plat Bimonthly Report Printed August 19, 1998 Harry Stimpson (SUB) I O uon Two B2 Lots '. Location: —771 Town Run Lane Submitted: 09/23/94 PC Review: 10/19/94 - recommended approval BOS Review: 10/26/94 - approved Pending Admin. Approval: Awaiting signed plat. SITE PLANS: Bimonthly Report Printed August 19, 1998 Moffett Property (SP #050-98) Stonewall Metal warehse addition (4,800 g.s.f.); 1.392 ac. site; 0.465 disturbed (B3) Location: 1154 Martinsbur Pike Submitted: 07/21/98 Approved: Pending Hayfield Assembly of God (SP #049-98) Gainesboro 3,789 s.f, addition to existing church; 3.053 ac. site (RA) Location: 5118 Northwestern Pike, Gore Submitted: 07/20/98 Approved: Pending Trex Company, L.L.C. (SP #048-98) Back Creek 8,120 s.f. addition to existing mfg. bldg.; 16.7184 -ac. site (M2) Location: 158 Capitol Lane Submitted: 07/15/98 Approved: Pending Stonewall Industrial Park, Lot 31 (Revision) (SP #047-98) Gainesboro Parking Lot Addition to 6.64 ae. site (I'll) Location: Lenoir City Co., Inc.; 30 Ricketts Drive Submitted: 07/13/98 Approved: Pending Bimonthly Report Printed August 19, 1998 Abundant Life Church (SP #046-98) Opequon Addition to Existing Church - 2 ac. 1 developed on 17.4 ac. site (Bl) Location: 700 Aylor Rd; East of I-81 on Rt. 647, beside Fredericktowne Subd. Submitted: 06/29/98 Approved: Pending Waffle House (SP #045-98) Opeguon I Restaurant on 0.5732 ac. site (B2) Location: Fairfax Pike, Stephens City Submitted: 06/24/98 Approved: Pending T.P. & Susan Goodman (SP #044-98) Stonewall Hackwood/ Minor Site Plan (RA) Location: 534 Redbud Road Submitted: 06/ 10/98 Approved: Pending AT&T Corp. (SP #043-98) Opequon ,183 s.f. storage bldg; .Ol ac. Ldeveloped . on a 2.1 ac. site (Ml) Location: 8209 Valley Pike, Middletown Submitted: 06/18/98 Approved: 07/23/98 Cives Steel Company (SP #042-98) Stonewall Addition of paper storage bldg.; 1,200 s.f. of 18.07 -ac. site (Ml) Location: 210 Cives Lane (behind Shade Equipment Co.) Submitted: 06/17/98 Approved: Pending Bimonthly Report Printed August 19, 1998 Zeigler Mechan5cal (SP #036-98) Stonewall 22,870 sf mfg./office bldg; 6.809 ac. site (Ml) Location: NE corner of Rt. 11/ Rt. 668 intersection Submitted: 06/10/98 Approved: Pending Frederick County Sanitation Auth. (SP #035-98) Gainesboro Water Storage Tank; 1.85 ac. disturbed of a 2.7 ac. site (RA) Location: Southwest quadrant of Rt. 522 & Rt. 37 interchange Submitted: 06/03/98 Approved: Pending Frederick Plaza (SP #030-98) Gainesboro One-story bldg. w/ 7,000 sf retail & 2,000 sf drive-thr bank; 1.3 ac. (B2) Location: 263 Sunnyside Plaza Circle Submitted: 04/21/98 Approved: Pending 7/11 Conven. Store w/ Gas Sales - Southland Corp. (SP #029-98) Back Creek 1 2,808 sf conven. store w/ gas sales; 1.22 1 ac. to be developed (RA) Location: Intersection of Rt. 50 and Ward Avenue Submitted: 04/24/98 Approved: Pending Blue Ridge Grace Brethren Church (SP #026-98) Back Creek Sanctuary Addition; 1.2 ac. developed on a 10 ac. site (RA) Location: 1025 Cedar Creek Grade Submitted: 04/01/98 Approved: Pending Bimonthly Report Printed August 19, 1998 Barrett Machine, Inc. (SP #020-98) Gainesboro 10,253s.f. mfg.; 1,875 s.f. office; 2.5ac. of a 2.675 ac. site disturbed (Ml) Location: Lakeview Circle, Lot 4, Stonewall Industrial Park Submitted: 03/26/98 I� Approved: 08/03198 II Autumn Wind Apts. (SP #010-98) Gainesboro 19.06 ac. tract (RP/B2) Garden apartments on 7.3 acjCableCo. Location: Rt. 522N., 0.8+ mi. southeast of Rt. 37, behind Adel hia Submitted: 02/02/98 Approved: Pending 11 Southeast Container (SP #001-98) Stonewall District Parking Lot; 0.2 ac. Disturbed on a 89.6 ac. Site (MI) Location: Ft. Collier Industrial Park Submitted: 01/06/98 Approved: Pending Mobil -Wendy's Rt. SOW Conven. Center (SP #026-97) Back Creek Gas-Conven. Cntr.; 3,783 sq ft floor area; 1.072 ac. site disturbed (RA) Location: Rt. 50 West Submitted: 07/23/97 Approved: Pending Agape Christian Fellowship Church Sanctuary (SP #005-97) Shawnee Church Expansion; 2.5 ac. to be developed of a 29.5115 ac. site (RA) Location: East side of Rt. 642; approx. 2,500' so. of the Rt. 37/I-81 Interchg. Submitted: 02/12/97 Approved: Pending Bimonthly Report Printed August 19, 1998 Shenandoah Bldg. Supply (SP #056-96) Gainesboro Warehouse on 5 acres (Ml) Location: 195 Lenoir Drive (Stonewall Industrial Park) Submitted: 12/16/96 Approved: Pending Stimpson/Rt. 277 Oil & Lube Service (SP #030-96) Opequon Oil & Lube Serv., Car Wash, Drive - Thru on 2.97 ac. (B2) Location: 152 Fairfax Pk. (behind Red Apple Country Store) Submitted: 07/03/96 Approved: Pending AMOCO/House of Gifts (SP #022-96) Gainesboro Gas Pump Canopy 880 sq. ft. area of a 0.916 acre parcel (RA) Location: 3548 North Frederick Pike Submitted: 05/08/96 Approved: Pending American Legion Post #021 (SP #018-96) Stonewall Addition to lodge building on 3.4255 acre site (B2) Location: 1730 Berryville Pike Submitted: 04/10/96 Approved: Pending Wheatlands Wastewater Facility (SP #047-89) Opequon Treatment Facility on 5 Acres (115) Location: So. West of Double Tollgate; adj. & west of Rt_ 522 Submitted: 09/1289 Note: Being held at applicant's request. Bimonthly Report Printed August 19, 1998 10 Flex Tech (SP #057-90) Stonewall I M1 Use on 11 Ac. (MI) Location: East side of Ft. Collier Rd. Submitted: 10/25/90 Note: Being held at applicant's request. CONDITIONAL USE PERMITS: Wenzel R. & Glenda Dousa (CUP #004-98) Gainesboro Recreational (seasonal) Natural Mini - Golf (RA) Location: 154 Gainesboro Road; Rt. 522 North & Rt. 684 Submitted: 07/07/98 PC Review: 08/05/98 - Recommended approval w/ conditions & buffer waiver BOS Review: 08/12/98 - Approved w/ conditions America House Assisted Living (CUP #003-98)a Opequon Assisted Living Facility; construction of 41 -room facility (RP) Location: NE of Stephens City on south side of Rt. 642; 1,000' east of Rt. 647 & 4,000' west of Rt. 636 Submitted: 07/10/98 PC Review: 08/05/98 - Recommended approval w/ conditions BOS Review: 09/09/98 Bimonthly Report Printed August 19,1998 11 VARIANCES: Richard & Nancy Ileisey (VAR #022-98) Gainesboro variances from the min. lot width re - quirement & variances from the max. 4:1 lot depth requirement (RA) Location: 669 Dicks Hollow Road Submitted: 07/27/98 BZA Review: 08/18/98 - approved Kentucky Fried Chicken (parking area) (VAR #021-98) Gainesboro 15' inactive zon. dist. buffer var. & a 1 15' active zon. dist. buffer var. (B2) Location: NW corner Fox Dr. (739) & Foxridge Ln; So. & adj. to exist. Sheetz Submitted: 07/24/98 BZA Review: 08/18/98 - withdrawn by applicant prior to vote. Bimonthly Report Printed August 19, 1998 12 Ralph Gregory (VAR #020-98) Opequon front setbk var.(s) & variances from requirmts. of zon. dist. buffers (B2/RP) Location: W. side of Aylor Rd. (647) at intersctn w/ Double Church Rd. (641) Submitted: 07/24/98 BZA Review: 08/18/98 - approved front setback variances; tabled zoning district buffer variances until 09/15/98. Kentucky Fried Chicken (sign) (VAR #019-98) Gainesboro 31.583 s.f. variance for a standardized, franchised business sign (B2) Location: NW corner of Fox Dr. (Rt. 739) & Foxridge Ln.; South & adjacent to the existing Sheetz Store Submitted: 07/24/98 BZA Review: 08/18/98 - denied Hayfield Assembly of God (VAR #018-98) Gainesboro 55.5' north side yard variance for a building addition (RA) Location: 5118 Northwestern Pike; Gore Submitted: 07/27/98 BZA Review: 08/18/98 - approved Gary L. & Janice R. Tusing (VAR #017-98) Back Creek 12.5' side yd. var. for an addition Location: 172 Long Meadows Ln. (Rt. 841); approx. 1 mi. So. of Middletown Submitted: 07/23/98 BZA Review: 08/18/98 - approved Bimonthly Report Printed August 19, 1998 13 Richard Dye (Appeal #016-98) Gainesboro Appeal the approval of a building permit Location: 631 Light Road �v6i26/98 ISubmitted: BZA Review: 08/18/98 - tabled until 09/15/98 I Bimonthly Report Printed August 19, 1998 14 PC REVIEW: 09/02/98 BOS REVIEW: 10/14/98 CONDITIONAL USE PERMIT #005-98 APPLELAND SPORTS CENTER Amend CUP #006-90 LOCATION: This property is located at 4506 Valley Pike. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBERS: 75-A-27 and 75 -A -27A PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) District; Land Use: Commercial Sports Center ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land Use: Agricultural and Retail Business PROPOSED USE: Amend CUP #006-96 to add the following uses: 1) Go-cart track (indoor or outdoor); 2) Ice-cream/food convenience concession stand; 3) Par 3 golf course; 4) Water slide; and, 5) Accessory retail associated with the permitted recreation uses. REVIEW EVALUATIONS: Virginia Dept. of Transportation: No objection to conditional use permit for this property. Existing entrance is adequate for proposed use. However, should use ever expand in the future, the entrance may have to be upgraded to VDOT minimum commercial standards. Inspections Department: Structures shall comply with the Virginia Uniform Statewide Building Code. Additional comments will be made at the time of site plan review. Fire Marshal: Site plan should show utilities and access. Sanitation Authority: Water service would be by City of Winchester. Sewer service would come from Battlefield Industrial Park. Appleland Sports Center CUP #005-98 Page 2 August 21, 1998 V Health Department: See attached letter from Karl Evans, Environmental Health Supervisor, dated 7-I5-98 Also, the necessary permits for the ice cream stand must be obtained. City of Winchester: No comments Planning and Zoning: A commercial outdoor recreation facility is a permitted use in the RA (Rural Areas) Zoning District with an approved conditional use permit. The applicant currently has an approved CUP for the existing recreational uses and wishes to expand the CUP to include several new uses including a Par 3 golf course, water slide, go-cart track and accessory retail associated with the permitted recreation uses. These proposed uses meet the definition of a commercial outdoor recreation facility. In addition, restaurants are also permitted uses in the RA (Rural Areas) Zoning District with an approved conditional use permit. Therefore, the expansion of the previously approved snack bar use to the proposed ice cream/food convenience concession stand would be appropriate. A copy of the approval letter for the previously approved CUP is included for your information. The Route 11 South Land Use Plan aims to provide for additional commercial uses in the vicinity of this property. The land use plan also aims to preserve and enhance the appearance of the Route 11 corridor through a combination of increased setbacks, vegetative screening, planting of shade trees along the edge of the right-of-way, and the provision of bike way and pedestrian access. In addressing the goals of the Route 11 South plan, this development proposal would be fitting and appropriate for the area and would be in conformance with the approved plan. Many of the design standards associated with commercial development do not apply to developments in the RA Zoning District. The existing facility has a paved and landscaped parking area. To ensure the continued quality of the future development, staff would recommend requiring that the parking standards for the B2 Zoning District, with the exception of curb and gutter, be implemented during future development of this property. This would include parking lot paving and landscaping. In addition, staff would encourage an increased parking lot setback from the Route 11 right-of-way in which vegetative screening could be placed if development occurred directly adjacent to Route 11. No additional entrances should be permitted onto Route 11 from this property, and the signage on the property should be limited as the Route 11 plan also encourages the use of monument signs. Staff would encourage limiting the signage to the existing monument sign and prohibiting additional signs along Route 11. It would be appropriate to consider ensuring that the noise generated by the proposed go-cart Appleland Sports Ctnter CUP #005-98 Page 3 August 21, 1998 facility does not impact the adjoining residential properties to the south. Staff would recommend a condition that prevents excessive noise beyond the limits of this property. A decibel level of (75) dba (A scale) has been established as an acceptable level at the perimeter boundary of industrial development in the County. Obviously, this would not be an issue if, initially, the go-cart facility would be an indoor facility. An engineered site plan will be required for the additional development of this facility. This site plan will address all requirements of the Frederick County Zoning Ordinance and any concerns of the various reviewing agencies. In addition, the previous conditions approved with CUP #006-90 that are still valid have been incorporated into the conditions recommended below. STAFF RECOM ffNDATTON FOR 9-2-98 PLANNING COMMISSION MEETING: Staff recommends approval with the following conditions: 1. All review agency comments must be addressed and complied with at all times. 2. A site plan shall be approved by the County. 3. Lighting must be directed away from Route 11 and the adjoining residential properties. 4. No ABC license will be applied for at this establishment. 5. Hours of operation shall not exceed 11:00 p.m. 6. Noise shall be controlled to prevent excessive levels from impacting the adjoining residential properties (75 dba at the property line). 7. Additional commercial entrances shall not be permitted onto Route 11 from this facility. 8. No additional signs advertising the business shall be located along Route 11. 9. Parking lot design standards for the B2 Zoning District, with the exception of curb and gutter, shall be implemented during the future development of this property. 10. An increased setback area containing vegetative screening shall be provided along Route 11. 11. Any expansion of use, or change of use, would require a new CUP. O:\Agendas\COMMENCSW PPLELND.CUP Lord Fairfax Environmental Health District 107 N. Kent St. P. O. Box 2056 Winchester, Virginia 22604 (540) 722-3480 FAX (540) 722-3479 Counties of Clarke. Frederick Page. Shenandoah Warren. and Citv of Winchester July 15, 1998 RE: Application # 99028458 Tax Map # 75-A-27 & 27A Ralph Gregory 101 Carter Pl. Winchester, VA Dear Mr. Gregory: This office has completed the site and soil evaluation for the above listed property. According to the application, your proposal is to construct a go-cart track at the existing Appleland Sports Center. As stated in my June 16, 1998 letter to Mr_ Steve Gyurisin, it appears that the existing sewage disposal system is presently operating at peak flow, therefore this office can not grant an approval for the business expansion unless additional area is found for another sewage disposal system. You plan to have 100+ patrons per day and 4 employees at the track. During the visit, you also mentioned that a ice cream convenience stand may be moving to the site and would be connected to the new sewage disposal system. During the evaluation on this date, a suitable area (see attached site sketch) was found that would support the following: 100 patrons per day at the proposed go-cart track 4 employees (working 8 hour shifts) per day at the track Ice cream convenience stand operation including (2 employees working 8 hour shifts per day) This would equate to a total approval of 730 gallons per day. Page 2 July 15, 1998 I.D_ 99028458 As we discussed, before a construction permit can be issued by this office, you must first gain the approval from the electric utility in order to install the pumped force main under their over -head power lines. When we receive written confirmation of the approval from the utility, this office will then issue the construction permit for the new sewage disposal system. Thank you for your cooperation. Sincerely, Karl E. Evans Environmental Health Supervisor Pc: Steve Gyurisin COUNTY of FREDERICK Department of Planning and Development' 7031665-5651 FAX 703/667-0370 July 17, 1990 Gregory Land Trust Ralph S. Gregory, Trustee P.O. Box 520 Stephens City, Virginia 22655 Dear Mr. Gregory: This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting of July 11, 1990. Conditional Use Permit #006-90 was approved for a recreational area including golf, driving range, batting cages, mini golf, arcade and snack bar. This property is located on the west, side of U. S. Route 11 approximately 1 1/4 miles south of Route 37 across from the Glass Barn Outlet Store and is identified as parcel 76A on tax map 74 and parcel 27 on tax map 75 in the Back Creek Magisterial District. This conditional use permit is approved with the following conditions: I. This permit is to be reviewed and renewed annually by the staff, the Planning Commission and the Board of Supervisors. Additional conditions may be attached if additional impacts occur. 2. If the use, occupancy or ownership of the property changes, this permit shall expire. 3. A formal site plan must be submitted to address parking, lighting, buffering and all other normal site plan requirements. 4. All RA (Rural Areas) Zoning District setback requirements must be maintained. 5. The applicant shall comply with all items listed in the "specifications foresight" listing attached to the application. 6. Lighting must be directed away from U.S. Route 11 and the adjoining residential areas. 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 Page -2- Gregory CUP July 17, 1990 7. If parking lot is approved to be covered with 21A stone, it must be upgraded to'ordinance requirements, if this property is rezoned in the future. 8. No ABC license to be applied for at this establishment. 9. Hours of operation will not exceed 11:00 p.m. 10. All Health Department requirements must be met. 11. Landscaping will be provided in the setback zone fronting on Route 11. If you have any questions regarding the approval or the conditions of this permit, do not hesitate to call this office. Sincerely, ?� Wr W. Wayne Miller Zoning Administrator WWM/slk cc: Esten Rudolph, Commissioner of Revenue Roy Jennings, Commissioner of Revenue's Office George Whitacre, Clerk of Circuit Court C. William Orndoff, Treasurer 68 12 N + j III a 71 WIE � ZA ro a1 3 e 5 s'3 sz 69 i IV 16 C� 57 Il 2 ats 72 3 14 18 57C aA� 19 118 0 ' 55 57 See 57 2 ata 74 21 Mgi_ 86 sst ne Rt. (oma° 85 25 f 86A 25A z, 22 ? 98 54 26%SP�iny 746 Petrie QyY fl�cy� 86D 0 �8 75A 75 27A Morris CUP #005-98 PINS: 75—A-27, 75—A -27A Appleland Sports Center Produced by Frederick County Planning and Development, 8-18-98 • .. 41 77 o av vlp �p SMA DO bip ��► LIN vo s© vo� d p 0 l^ �f©©Q„Q�n, ' \ o � �Ao o�bago aDpo oe oo�Q�oo `foo °o�� ooaa�+� F���p ��• 00 AAME� to 1s�\ CUP #005-98 PINS: 75—A-27, 75—A -27A Appleland Sports Center Produced by Frederick County Planning and Development, 8-18-98 Submi.ttal Deadline P/C Meeting BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (The applicant if the x owner other) NAME: Gregory Land Trust, Ralph S. Gregory, Trustee ADDRESS: P.B. Box 520, Stephens City, VA 22655 TELEPHONE 540-869-3500 2. Please list all owners, occupants, or parties in interest of the property: Gregory Land Trust, Ralph S. Gregory, Carolyn P. Gregory, Jeff S. Gregory, David A. Gregory, Tracy S. Gregory, Lisa C. Gregory 3. The property is located at: (please give exact directions and include the route number of your road or street) .S. Route 11 Approx. 1 1/4 miles south of route 37 on west side of Route 11 across from the Glass BArn Store 1:506 Valle% j pig ) 4. The property has a road frontage of 624 feet and a depth of 1336.38 feet and consists of 23.6 acres. (Please be exact) 5. The property is owned by Gregory Land Trust as evidenced by deed from Helen J. Moore recorded (previous owner) in deed book no. 719 on page 256 as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 75000-A00-0000-0000-0027-0 6. 14 -Digit Property Identification No. A00-0000-0000-�' Magisterial District Backcreek t=, Current Zoning RA 7. Adjoining Property: USE ZONING North Agricultural RA East R„s; ness-Retail RA South Residential RA West Agricultural RA of use proposed is (consult with the Planning Dept. 8. The typeapproved conditional use before completing) To amend the existin ermit to allow the following additional uses: co Carts (indoor or outdoor), a :Nater slide, par three golf course. ice cream/food concessand unit or stanu' 9. It is proposed that the following buildings will be Go Carts & mobil ice cream / food stand constructed: enclosure for are all of the individuals, firms, or 10. The following ert adjacent to both sides and rear corporations owning prop Y the property where the and in front of (across street from) Continue on back if requested use will be conducted. necessary.) These people will be notified by mail of this application: ^ Buracrex & Etals ADDRESS 4548 Valley Pike NAME Judy K. Stephens City, VA 2 PROPERTY ID # 74-A-76 Lowell 'I: -Carol n F. Monk ADDRESS 6 VAllev Pike Stephens Ci.tY, VA 22 77- NAME PROPERTY ID# 74 -2 - NAME Mary Ann Chadwell ADDRESS 6825 Valle Pike Middletown, VA 22645 PROPERTY IN 74-A-2 NAME C. Petrie PROPERTY ID# 75 -A -26,C ADDRESS 4107 Dundee DRive Murrysuille, PA 15668 NAME Martha E. & Alice L. Furxk ADDRESS 4527 Valley Pike Stephens City, VA 22655 PROPERTY ID# 75-A-28 NAME Winifred W. Hall Etals ADDRESS 974 Tasker Ro-I 226 5 Stephens City, VA PROPERTY IDI 75-A-78 NAME Mary Lynne Rao PROPERTY ID# 75-A-29 NAME Janet J. Lon & James Malcolm Morris PROPERTY ID# 74-A--75 ADDRESS 317 Center Street Vienna, VA 22180 ADDRESS 369 Sprin 17a1e Rd. Winchester, VA 2-1603 12. Additional comments, if any: J :��,✓`ter/ 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 a�� Ralph S. Gregory Owners' Mailing Address P.o. Box 520, Stephens city, VA 22655 Owners' Telephone No. 540 869-3500 TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: r"r-M IV I" Or%./ %iL IV 14.f%- •--• — -. ..---, SITE 4.f%- SIT'E PLAN SHOWING EXISTING AND PRoPoSED USES W. p. 7- IF- — -- - - - - - - ,YAMHSYCHA0V,'.-:LL r.P. 334 PAR 7WIZEE GOLF COURSE AREA D.E.AV913E D.E. 3E9' P. 618 T WD -4- RA ir x5o YDS� RALp" &GREGORY 8.119 po. 256 Z077E•) RA 200 yps—Cr14D:7j0:lAL USE p10 AIT .9o r .APPROVAL GOLF ("JI& FLEC SLIDE AREA ,IF .EUJ.A Cttn.aL114F. moix V.S. 418-P. 280 II b WATTIZ V11E. h: se 11 I I 7 i _.) G6 CAR Couj�SE AREA +1,A� SII �- i ,. L _-- - .` • � .l -r 6 v crTKI MIVINQRANQX, GOLD, Sf(op AND 13ATTIWAIZEA ........... S VG Al lf�F Ayell C'. Dp. fjA AF EA: 12ACSES US^ nt CODE 130 (CW CC L VA. 2-11 5 MIPS C.Ay. CR, EST.Tl,PSFEnDll. Al Pli•lvt..l J :-z- .7 —AL ,1411-3TE—AT O -A T WD -4- RA ir Al Pli•lvt..l J :-z- .7 —AL ,1411-3TE—AT O -A PC REVIEW DATE: 09/02/98 BOS REVIEW DATE: 10/14/98 REZONING APPLICATION #011-98 R T & T PARTNERSHIP (Kernstown Business Park) To rezone 17.84 acres from B2 (Business General) to B3 (Industrial Transition) LOCATION: This property is located on Valley Pike (Route 11 South), approximately 1/4 mile south of the Route 3 7 interchange. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 75 -A -2D PROPERTY ZONING & PRESENT USE: Zoned: B2, General Business District Land Use: Kernstown Business Park ADJOINING PROPERTY ZONING & PRESENT USE: North: Zoned B2, General Business District South: Zoned B2, General Business District B3, Industrial Transition District East: Zoned B2, General Business District West: Zoned M1, Light Industrial District RA, Rural Areas District PROPOSED USE: Kernstown Business Park Use: Vacant Use: Horton's Nursery Shenandoah Foods Use: Miller Auto Sales Use: Corrugated Container Agricultural R T & T Partnership, REZ #01.1-98 Page 2 August 21, 1998 REVIEW EVALUATIONS: Virginia Dept. of Transportation: No objection to rezoning of this property. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T,E. Trip Generation Manual Sixth Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization and off-site roadway improvements and drainage. 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: Site plan required to show the utilities. Sanitation Authori : No comment. County Engineer: See attached letter from Harvey E. Strarwsnyder, Jr. dated July 29, 1998 Stephens City Fire & Rescue: Approved without comment. Planning & Zoning: 1) Site History The original zoning map for Frederick County indicates that this property was assigned a B2, General Business District, classification when zoning was adopted. The U. S. G. S. Stephens City Quadrangle demonstrates the assignment of this zoning classification for 4,000 linear feet along Valley Pike for all properties south of Route 37, between Valley Pike and the railroad track. Frederick County approved a master development plan for RMT Partnership on September 3, 1991. The master development plan calls for the development of 29.627 acres zoned B2, General Business District, with all properties served by a 60 -foot right-of-way. To date, no development has occurred on this property. 2) Location The 29.627 -acre site is located within the County's Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). This acreage is within the study area planned for the Route 11 South Corridor Plan. The Route 11 South Corridor Plan, found on page 6-23 in the Land Use Chapter of the Comprehensive Policy Plan, calls for business and office land use for this acreage. R T & T Partnership, REZ #011-98 Page 3 August 21, 1998 3) Site Suitability The 29.627 -acre site is suitable for development provided that sites are developed in accordance with the approved master development plan. The County Engineer has stated that the geology associated with the higher topographic elevations of this site may have the potential for the development of sinkholes. The County Engineer has recommended that additional geotechnical work be conducted as site plans are prepared for development in these areas. 4) Potential Impacts a) Land Use; The request to rezone 17.84 acres of the 29.627 -acre site would allow for the development of heavy commercial uses that are prohibited by the B2, General Business District. Examples of heavy commercial uses include offices and storage facilities for construction contractors, commercial printing, motor freight transportation, warehousing, and automotive repair. Land use in the B3, Industrial Transition District, has the potential for generating a greater amount of truck traffic than land use in the B2, General Business District. b) Winchester Area Transportation Study (WATS): The WATS demonstrates the potential for the existing interchange at Route 37 and Valley Pike to be relocated to a new interchange at Route 37 and Shady Elm Road (Route 651). The WATS depicts the need for two connecting roads between Shady Elm Road and Valley Pike to accommodate this improvement. The WATS is not property -specific for these locations, nor has preliminary engineering studies been conducted; however, it is prudent to recognize the future improvements and consider appropriate options at this time. Staff has discussed this issue with the applicant to determine if the extension of Prosperity Drive to the west would be a viable option. The applicant is willing to work with the county on this issue which may result in the development of an agreement for right-of-way dedication for a future connection that is tied to a future road location and design project. This agreement would be developed prior to the consideration of the rezoning application by the Board of Supervisors. 5) Capital Facilites_Impact Model The Frederick County Capital Facilities Impact Model demonstrates a greater negative fiscal impact to fire and rescue services for the B2, General Business District, development potential than the B3, Industrial Transition District, development potential. R T & T Partnership, REZ #011-98 Page 4 August 21, 1998 STAFF RECOMMENDATION FOR 09/02/98 PLANNING COMMISSION MEETING: The proposal to rezone 17.84 acres of the 29.627 acres within the Kernstown Business Park is consistent with the land use policies specified in the Comprehensive Policy Plan. The 17.84 acres are located in the back portion of the Kernstown Business Park which adjoins the CSX railroad track, the Shenandoah Foods property which is zoned B3, Industrial Transition District; the Horton's Nursery property which is zoned B2, General Business District, and other property which is zoned B2 that is currently vacant. The Zoning Ordinance requires the development of buffers and screening between properties zoned B3, Industrial Transition District, and B2, General Business District; therefore, the impact associated with the allowance of heavy commercial use development could be adequately mitigated if this rezoning was approved. Staff believes that this rezoning request is appropriate, and would recommend that a revised master development plan depicting various zoning classifications and required buffer and screening areas is provided to the county for administrative approval should this request be approved by the Board of Supervisors_ COUNTY of FREDERICK Department of Public Works 5401665-5643 FAX: 540/678-0682 July 29, 1998 Mr. Thomas C. Baker P.O. Box 3243 Winchester, Virginia 22604 RE: RT & T Partnership - Kernstown Business Park Rezoning Request Dear Tom: We have no objection to the proposed rezoning request from B-2 to B-3. However, the impact analysis statement needs to be revised to address the following issues: A. Suitability of the Site: The site does have evidence of sinkhole potential as demonstrated by the presence of major sinkhole activity to the immediate south of the area to be rezoned. This same geology is present under the higher topographic elevations on the site. A geotechnical investigation may be warranted in these areas for proposed budding structures located with this area of the site. F. Drainage: Only drainage ditches incidental to road construction have been installed to date. The MDP dated September 3, 1991, indicates four (4) stormwater ponds will be constructed during the development of the entire site. A detailed storrawater design will be required during the site plan phase of the project. In all probability, the construction of the stormwater management ponds will be dependant on the phased development of the site. 107 North Kent Street 9 Winchester, Virginia 22603-5000 COUNTY of FREDERICK Department of Public Works IST & T Partnership Page 2 July 29, 1998 Please provide us with a revised impact analysis statement including the revisions referenced above. HE S/kch cc: file 540/665-5643 FAX: 540/678-0682 Sincerely, V Harvey E.rawsnyder, Jr., P.E. Director of Public Works 107 North Keret greet ® Winchester, Virginia 22601-5000 Rezoning #011-98 PIN: 75—A-21) RT & T Partn-ership Produced by Frederick County Planning and Development, 8-18-98 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To becompleted by Planning,Sta Zoning Amendment Number 5 l.. Date Received" PG Heanug- Datc BOS Hearing Date The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Naive: R T & T PARTNERSHIP Address: Post Office Box 3243 Winchester, Virginia 22604 2. Property Owner (if different than above) Name: SMIE Address: Telephone: ( 540) 678-0736 Telephone:' 3. Contact person if other than above�,� Name: T(540-')---&'18� - e Telephone: - -0736 4. Checklist: Check the following items that have been included with this application. Location map x Agency Comments x Plat x Fees X Deed to property X Impact Analysis Statement X Verification of taxes paid X Proffer Statement X 11 5. 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 - Thomas C. Baker Thomas C. Glass Ralph Gregory 6. A) Current Use of the Property: Business Park B) Proposed Use of the Property: Business Park 7. Adjoining Property: PARCEL ID NUMBER USE ZONING 75 -A -6-B41 North (Vacant Land) 8Z 75-A-3 North (vacant Land) B2 75-A-2 South (Hortons Nursery) $2 75 -A -2C South(Shenandoah Foods) B3 75 -A -11C East(Miller Auto Sales) B2 75-A-71 West(Rural) RA 75 -A -1C West(Industrial Park) MI 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): Route 11 South - North of Horton's Nursery across from Miller Honda dealership in Back Creek Magisterial District I Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. � otherwise, the planning staff will use the maximum possible density or intensity scenario for the proposed Zoning District as described on Page 9 of the application package. 7 5- A- �D 9. Parcel Identification/Location: Parcel Identification Number 2D Tax Map 75 Magisterial: Back Creek Fire Service: _Stephens .city Rescue Service: Stephens city Districts High School: Sherando Middle School: Aylor Elementary School:—Bass-Hoover 10. Zoning Change: List the acreage included in each new zoning category being requested. 11. The following information should be provided according to the type of r proposed Number f Units Proposed Single Family homes: Townhome: Multi -Family: Non -Residential Lots: 9 -?A Lots Mobile Home: Hotel Rooms: Office: Retail: Restaurant: Square Footage of Proposed Uses 13 ,.y 4 ezajning ; 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. - I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant( . `�'�. 'e, Date: Date: Tyl 7- Owner(s): / Dater' o Date: 14 Adjoining Propefty Owners Rezoning Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name and Property Identification Number Address Name James Horton Property # Tax Map 75-A-2 9084 Cedar Creek Grade Winchester, Virginia 22601 Name Shenandoah Foods, Inc. Post Office Box 2198 Winchester, Virginia 22604 c/o Corporate tax Dept. RE824 1 State Fram Plaza Bloomington, IL 61710-0001 Property # Tax Ma 75 -A -2C Name State Farm Mutual Automobile Pro e # Tax Ma 75-2E Name Maurice Perry & Garland E. Perr c/o Stuart Perry South Stewart Street Winchester Virginia 22601 Property # Tax Map 75-A-1316 Name Corrugated Container CorporatiOIL 100 Development Lane W inchester, Virginia 22602 501 Jefferson Street Winchester, Virginia 22601 c/o Miller Auto Sales 3985 Valley Pike Winchester, Virginia 22602 Property # Tax Ma 75 -A -1C Name Monsen Sadeghzadeh Property # Tax Map 75-A-3 Name George & John Miller Pro ertv # Tax Map 75 -A -11C Name Engle Properties, Inc. c,to Mrs. Raleigh Engle 20 North Washington Street Winchester, Virginia 22601 124 Springdale Road Winchester, Virginia 22602 831 Shady Elm Road Winchester, Virginia 22602 Pro ertv # Tax Map 75-A-10 Name Louise S. Brim Property # tax Map 74-A-71 Name HenryJ. & Nora Carbau h Pro ertv# Tax Map 74-A--68 15 Name and Property Identification Number Address Name Tom's Partnership Post Office Box 3243 Winchester, Virginia 22604 -Property # Tax Map 75 -A -6-B41 Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Pro ertv # 16 135. G9' LOT 10 2.000 AC. 200.12 - LOT 9 2.000 AC. 222' I -W I'! LOT 12 LOT 11 2.000 AC. n7A Af� LOT 0 2.000 AC. :01 LOT 7 1 2.000 AC. Aj �a Ox - 2GG' 1377. 000 6' 2 zZ, fi 00 ViClNlTY to v ERNSTOWN BUSINESS PARK' BY R. T. a T. PARTNERSHIP FREDERICK COUNTY VIRGINIA p LOT 5 1.0-10 AC. LOT 1.3 2.000 AC. . n 30".33' LOT 11 1,000 Ac. o 302.29' LOT lel AC. LOT 3 LOOO AC. .17- 302. 2E;---� LOT 15 1.000 AC, 'C' �D �,,'j wYI~ILOT 2 7, 0- cn 0 1.000 AC. 248.36I --- 302.22- ib 1. 'I LOT IG �; .'l bl L:. I LOT 2.381 AC, 2.000 AC. C! 74-2 S. ROUTE It ,LIGZ 'VALLE'( PIKE U. ( 80- R/W COUNTY Of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/678-0682 MEMORANDUM TO: Frederick County Planning Commission FROM: Evan A. Wyatt, Deputy Director c RE: Comprehensive Policy Plan Eastern Road Plan Map Modifications DATE: August 21, 1998 The Comprehensive Plans and Programs Subcommittee (CPP S) considered a request from Mr. Mark Smith, of Greenway Engineering, to modify the County's Eastern Road Plan Map during their August 10, 1998 meeting. The Eastern Road Plan, contained in the Transportation Chapter of the Comprehensive Policy Plan, was created to establish necessary arterial and collector road connections and improvements within the county's development area. The plan describes existing and proposed roads according to their functional classification and utilizes the following color scheme to depict these classifications: • Red identifies primary arterial roads such as Route 37 and Front Royal Pike (Route 522). • Magenta identifies minor arterial roads such as Fairfax Pike (Route 277). • Blue identifies major collector roads such as Senseny Road, Tasker Road and Warrior Road. • Green identifies minor arterial roads such as Lakeside Drive, Westmoreland Drive and Farmington Boulevard. Mr. Smith's proposal modifies the Eastern Road Plan Map between Valley Mill Road (Route 65 9) and Millwood Pike (Route 50 East). A map depicting this proposal has been provided which demonstrates these modifications. This map utilizes the same color scheme that identifies road classifications on the Eastern Road Plan and has been enumerated to correspond with the following narrative: 1) The elimination of one of the two new major collector roads between Senseny Road and Valley Mill Road. 107 North Kent Street 9 Winchester, Virginia 22601-5000 Eastern Road Plan Modification Page -2- August 21, 1998 2) An adjustment to Channing Drive which is identified as a major collector road to connect Senseny Road and Valley Mill Road. 3) The reclassification of a portion of the new major collector road that is proposed to be eliminated to establish a minor collector road connection from Apple Ridge and Senseny Heights to Valley Mill Road. 4) The extension of a new major collector road from Senseny Road to Millwood Pike (Route 50) which will create a "T" intersection with Sulphur Spring Road. 5) The reclassification of Greenwood Road between Senseny Road and Sulphur Spring Road from an existing major collector road requiring improvements to a local road without improvements. Members ofthe CPPS expressed concern with reducing the number of major collector roads because the road network was developed to accommodate the number of residences that could be built in this area. The committee felt that it would be appropriate to modify the existing major collector road system in this area to create two north -to -south segments, and felt that the extension of one of the two major collector roads to Millwood Pike (thus creating a "T" intersection with Sulphur Spring Road), was preferable to the improvements depicted on the current plan. However, the CPPS felt that the functional classification of Greenwood Road between Senseny Road and Sulphur Spring Road should only be reduced to a minor collector status. Staff asks that the Planning Commission consider the information provided by Mr. Smith, as well as the recommendations of the CPPS, and develop a recommendation which may be forwarded to the Board of Supervisors. A copy of the current Eastern Road Plan may be found on the last page of the Transportation Chapter in the Comprehensive Policy Plan. Please contact staff if you have any questions regarding this agenda item, or if you desire additional information. EAW/cc Attachment U:\Evan\Common\CompP]an\RoadPlan\modify.pc.wpd Filp bi"M I ITIVELI M mi I rAa l A i a