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HomeMy WebLinkAboutPC 12-01-99 Meeting AgendaAGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia DECEMBER 1, 1999 7:00 P.M. CALL TO ORDER TAB 1) October 6, 1999 and October 20, 1999 Minutes ............................ A 2) Application Action Summary ........................................... B 3) Committee Reports ............................................... (no tab) 4) Citizen Comments.................................................(no tab) PUBLIC HEARING 5) Conditional Use Permit #26-99 of Nanette M. McFarland for a kennel (pet -sitting business). The property is located at 3782 Wardensville Grade and is identified with Property Identification Number 59 -A -20E in the Back Creek Magisterial District. (Mr.Cheran)........................................................0 6) Conditional Use Permit #27-99 of Stuart M. Perry, Inc. for a Commercial Outdoor Recreation Facility (golf course). This property is located at 1052 Merrimans Lane and is identified with Property Identification Number 52-A-313 and 52-A-88 in the Back Creek Magisterial District. (Mr.Cheran)......................................................... D 7) Conditional Use Permit #28-99 of Kenneth E. Hottinger for a public garage without body repair. This property is located at 1057 Ridings Mill Road and is identified with Property Identification Number 92-A-313 in the Opequon Magisterial District. (Ms.Lohr)..........................................................E 2 PUBLIC MEETING 8) Request for a Waiver to the Cul -de -Sac Length Requirement, Section 144-17.G(1) of the Subdivision Ordinance, submitted by Artz & Associates, Inc. on behalf of Norman J. Secrist, to permit a cul-de-sac length of 2,500 feet. This property is located on Wright's Road (Rt. 66 1) and is identified with Property Identification Number 23-A-5 in the Stonewall Magisterial District. (Mr. Ruddy) ........................................................ F 9) Other MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION This meeting was held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on October 6, 1999. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; John R. Marker, Vice -Chairman/ Back Creek District; Marjorie H. Copenhaver, Back Creek District; John H. Light, Stonewall District; W. Wayne Miller, Gainesboro District; Robert A. Morris, Shawnee District; Roger L. Thomas, Opequon District; S. Blaine Wilson, Shawnee District; Richard C. Ours, Opequon District; George L. Romine, Citizen at Large; and Jay Cook, Legal Counsel. ABSENT: Terry Stone, Gainesboro District; Robert M. Sager, Board Liaison; and Vincent DiBenedetto, Winchester City Liaison STAFF PRESENT: Kris C. Tierney, Planning Director; Evan A. Wyatt, Deputy Director; Michael T. Ruddy, Zoning Administrator; Mark Cheran, Planner I; Amy M. Lohr, Planner 1; and Renee' S. Arlotta, Clerk. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MEETING MINUTES - AUGUST 4, 1999 AUGUST 18 1999 & SEPTEMBER 1, 1999 Upon motion made by Mr. Marker and seconded by Mr. Wilson, the minutes ofthe August 4, 1999 meeting were unanimously approved as presented. Upon motion made by Mr. Romme and seconded by Mr. Thomas, the minutes of the August 18, 1999 meeting were unanimously approved as presented. Upon motion made by Mr. Ours and seconded by Mr. Thomas, the minutes of the September 1, 1999 meeting were unanimously approved as presented. Frederick County Planning Commission Minutes of October 6, 1999 Page 412 -2 - APPLICATIONS ACTION SUMMARY Chairman DeHaven accepted the report for the Commission's information. COMMITTEE REPORTS Development Review & Regulations Subcommittee (DRRS) - 09/23/99 Mtg. Mr. Roger Thomas, subcommittee member, reported that the DRRS discussed cul-de-sac lengths and the number of housing units permitted around a cul-de-sac. He said that the DRRS believed the wording and requirement was appropriate and recommended no change. Mr. Thomas said that the DRRS also reviewed a few minor changes to the SIC codes and those will be forwarded to the Planning Commission for additional discussion. Comprehensive Plans & Programs Subcommittee (CPPS) - 09/13/99 Mtg. Mrs. Marjorie Copenhaver, subcommittee member, reported that the CPPS discussed the request by Fellowship Bible Church to run a sewer line from the area at the Coca-Cola plant to the church. She said that the new land use study for the Route 11 North corridor was also discussed and the staff will be meeting with the Board of Supervisors to verify the boundaries for the study. Transportation Committee - 10/05/99 Mtg. Mr. Roger Thomas, committee member, reported that the Transportation Committee discussed the 2000-2001 Frederick County Secondary Road Improvement Plan. Mr. Thomas said that it was approved unanimously with some minor changes. Sanitation Authority (SA) - 09/14/99 Mtg. Mrs. Marjorie Copenhaver, liaison to the SA, reported that the SA approved the request of the Allen Estate to allow the City of Winchester to provide water and sewer to the parcel on the south side of Cedar Creek Grade. She said that the SA is proceeding with the Back Creek well on Middle Road. Mrs. Copenhaver remarked that there has been considerable publicity and a brochure was mailed Frederick County Planning Commission Minutes of October 6, 1999 Page 413 -3 - explaining that the water is very safe and there are no harmful chemicals or microbes within it. She also reported that the Northwest Storage Tank should be completed in November. Modification of Agenda Items Chairman DeHaven announced that Item 48, Conditional Use Permit # 18-99 of Michael M. Milam, can not be heard this evening because it did not meet sign posting requirements. Chairman DeHaven stated that this item will need to be re -advertised and heard at a subsequent meeting. Chairman DeHaven also announced that Item # 13, Conditional Use Permit #23-99 ofCFW Intelos/ VA PCS Alliance, the Justus Russell, Jr., et als property, has been withdrawn by the applicant. Upon motion made by Mr. Miller and seconded by Mr. Thomas, the agenda was adopted by unanimous vote. PUBLIC HEARINGS Rezoning Application #15-98 of Jack K. Wampler to rezone 0.69 acres of a 20 -acre parcel from B3 (Industrial Transition) District to RA (Rural Areas) District and to amend the proffers that were adopted by the Board of Supervisors on December 9,1998. This property is located on the west side of Martinsburg Pike (Rt. 11) approximately 0.5 miles south of the intersection with Hopewell Road (Rt. 672) and is identified with P.I.N. 33 -A -164D in the Stonewall Magisterial District. Action - Recommended Approval with Proffers Mr. Evan A. Wyatt stated that this application was a continuation of a public hearing which was tabled at the Commission's August 4, 1999 meeting. Mr. Wyatt said that the primary reason for tabling of this application was because of some concerns the staff had regarding the applicant's proffer statement. He said that the applicant requested the tabling to allow them some time to work with the staff on the areas of concern. Mr. Wyatt reported that the revised proffer statement was submitted and has been reviewed by the County Attorney. He said that the revisions have addressed the concerns identified during the August 4, 1999 Planning Commission meeting. There were no citizen comments. The Planning Commission believed the rezoning request and the revised proffers were appropriate. No other issues were raised. Frederick County Planning Commission Minutes of October 6, 1999 Page 414 -4 - Upon motion made by Mr. Light and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Rezoning Application #015-98 of Jack K. Wampler to rezone 0.69 acres of 20 - acre parcel from B3 (Industrial Transition) to RA (Rural Areas) District and to amend the proffers that were adopted by the Board of Supervisors on December 9, 1998. Conditional Use Permit #16-99 of Martha Tatum for a Cottage Occupation/Graphics Workshop. This property is located at 337 Mumau Mill Lane and is identified with P.I.N. 93-A-47 in the Opequon Magisterial District. Action - Recommended Approval with Conditions Mr. Mark Cheran, Planner I, stated that this application is in response to a zoning violation complaint that staff received. He said that the applicant was cited for the operation of an illegal business and obtaining the conditional use permit is an available option to resolve the violation. Mr. Cheran stated that based on the limited scope of activities proposed and the requirements of a cottage occupation, it appears that the proposed use would not have any significant impacts on the adjoining properties. Chairman DeHaven called for public comment, but no one came forward to speak. Chairman DeHaven brought the Commission's attention to a letter received from Mr. Mark J. Unger, an adjoining property owner, who did not appear to be in opposition to the use, but had concerns about whether it may someday restrict the agricultural use of their adjoining property. Upon motion made by Mr. Marker and seconded by Mrs. Copenhaver, the Commission unanimously voted to make the letter a part of the official record. No issues of concern were raised by the Planning Commission. Upon motion made by Mr. Ours and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit 416-99 of Martha Tatum for a Cottage Occupation/Graphics Workshop at 337 Mumau Mill Lane with the following conditions: All review agency comments shall be complied with at all times. 2. Health Department comments shall be addressed within 90 days of approval. 3. All work shall be accomplished inside of a completely enclosed building. 4. Any proposed Cottage Occupation sign shall not exceed four (4) square feet in area. Frederick County Planning Commission Minutes of October 6, 1999 Page 415 -5 - Conditional Use Permit #17-99 of Garland L. Boyce, Sr. for a Public Garage/Auto Repair (without auto body repair). This property is located at 641 McDonald Road (Rt. 616), approximately two miles west of Wardensville Grade (Rt. 608), and is identified with P.T.N. 51-22-G in the Back Creek Magisterial District. Action - Recommended Denial Ms. Amy Lohr, Planner I, stated that public garages without auto body repair are permitted in the RA (Rural Areas) Zoning District with an approved conditional use permit provided that all repair work takes place entirely within an enclosed structure and all exterior storage of parts and equipment is fully screened from the view of surrounding properties. Ms. Lohr stated that the owners have obtained building permits for both a house and a detached garage. She reported that the applicants intend to construct the house and garage approximately 100 feet from McDonald Road and they have stated that their proposed use will be conducted wholly within the detached garage. Ms. Lohr continued, stating that the parcel is currently occupied by a recreational vehicle which is being used for residential purposes and this constitutes a violation of the zoning ordinance. Ms. Lohr stated that the approval of the conditional use permit will be conditioned upon the removal of the illegal residence within 30 days. Ms. Sallie J. Boyce, the applicant, was available to answer questions from the Commission. In response to a question from a commissioner on the use of the recreational vehicle, Ms. Boyce replied that the camper is used for dog -raising and for camping on weekends. Ms. Boyce said that she has read the conditions of the permit and understands that they need to be complied with at all times. Chairman DeHaven called for public comment and the following persons came forward to speak in opposition to the permit: Mr. Gilbert Strosnider, resident at 779 McDonald Road, said that over the last two years on the applicant's property, he has observed the camper being used as an illegal residence, numerous junk cars, unsightly appearance of the property, visits to the property by the sheriff, noise from dogs, and noise from four -wheelers all hours of the night. Mr. Strosnider did not believe the applicant would adhere to the conditions placed on the conditional use permit. Mr. Eric Heflin, resident at 1061McDonald Road, was concerned about the proposed public garage adding to the existing traffic problem on Route 608. Mr. Heflin said that five vehicles can be seen on the property from McDonald's Road at all times. Mr. Heflin said that sometimes his work gets him home at 2:00 or 3:00 in the morning and driving by the property he has observed lights, people, and noise at the camper, which leads him to believe that the camper is being used as a residence. Mr. Daniel Whitacre, resident at 519 Turtle Meadow Drive, agreed with the previous comments made by the residents on McDonald Road. Mr. Whitacre asked for a show of hands from members of the audience who were opposed to the conditional use permit and about five to six people Frederick County Planning Commission Minutes of October 6, 1999 Page 416 raised their hands. Chairman DeHaven broughtthe Commission's attention to three letters that were submitted in opposition to the proposed conditional use permit. Upon motion made by Mr. Ours and seconded by Mr. Marker, the Commission unanimously voted to make the letters a part of the official record. Members of the Commission were concerned about the issues the neighbors had raised. They also had concerns about issuing a conditional use permit when no residence or garage existed on the property from which to operate the conditional use permit. The Commission considered tabling the permit until the house and garage were constructed, but decided against this because the construction ofthe facility would not necessarily guarantee the approval of a conditional use permit. They also believed that postponing the decision until a later date would not be fair to either the applicant, because ofthe investment that would be made, or the neighbors. Upon motion made by Mr. Marker and seconded by Mrs. Copenhaver, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend denial of Conditional Use Permit # 17-99 of Garland L. Boyce, Sr. for a Public Garage/Auto Repair at 641 McDonald Road. Conditional Use Permit #19-99 of OTAN (Outreach to Asia Nationals) for a humanitarian aid organizational office. This property is located at 261 Bethany Hill Drive and is identified with P.I.N. 30-7-10 in the Gainesboro Magisterial District. Action - Recommended Approval with Conditions Mr. Mark Cheran, Planner I, stated that the applicant proposes to establish a humanitarian aid organizational office and proposes to build a two-story, 40'X 44' frame office building on the property. Mr. Cheran said that this building will be in addition to the existing office and residence located on the property. He recalled that OTAN had obtained a conditional use permit in 1991 to establish an office as a cottage occupation. Mr. Cheran continued, stating that VDOT has commented that the existing entrance is inadequate and significant improvements must be made to the existing crossover and entrance. He also noted that the Fire Marshal has stated that a 20' -wide roadway must be provided to ensure emergency access. Mr. Cheran said that, in addition, an engineered site plan will be required for the proposed conditional use permit. Mr. Cheran next read the staffs recommended conditions. Members ofthe Commission questioned whether the wording of Condition #5, regarding the number of employees, was consistent with what the Health Department had intended in their letter of August 12, 1999. In order to accurately reflect the Health Department's comments, Commission members decided that Condition #5 should be revised to read, "No more than 15 employees and two full-time residents shall be located at this property." Frederick County Planning Commission Minutes of October 6, 1999 Page 417 -7 - Mr. Neil Taylor, representing OTAN, was available to answer questions from the Commission. Chairman DeHaven called for public comment and the following person came forward to speak: Mr. Murrell K. Renner, adjoining property owner at 178 Chestnut Grove Road, had concerns about the construction of the 20' roadway and whether OTAN would be required to obtain approvals from the adjoining property owners for additional right-of-way. In addition, he inquired if the road would be built prior to any other construction on the site. Mr. Neil Taylor responded to Mr. Renner's question by stating that OTAN had made arrangements with the adjoining church property to secure additional right-of-way. Mr. Taylor explained OTAN's plans for improvements to the entrance and crossover. The staff added that prior to site plan approval, all easements must be legally executed and recorded. Members of the Commission assured the adjoining property owner that the County will insure, through the site plan process, that all easements will be in writing and legally recorded before OTAN can operate. Upon motion made by Mr. Miller and seconded by Mr. Ours, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #19-99 of OTAN (Outreach to Asia Nationals) for a humanitarian aid organizational office at 261 Bethany Hill Drive with the following conditions: All review agency comments must be complied with at all times. 2. The approval of this conditional use permit is conditioned upon the approval of a site plan by the Frederick County Planning Commission. All signs shall conform to the Cottage Occupation sign requirements. (The sign shall not exceed four (4) square feet in area.) 4. No marketing of merchandise shall occur from this property. 5. No more than 15 employees and two full-time residents shall be located at this property. 6. Any expansion of this use would require a new conditional use permit. Frederick County Planning Commission Minutes of October 6, 1999 Page 418 -8 - Conditional Use Permit #20-99 of CFW Intelos/VA PCS Alliance for a 140' monopole telecommunications tower. This site is located at 294 Footstone Lane (James L. Patton property) and is identified with P.I.N. 42-A-332 in the Gainesboro Magisterial District. Action - Recommended Approvai with Setback "waiver & Conditions Mr. Michael T. Ruddy, Zoning Administrator, read the background information and review agency comments. He stated that the applicant is a personal wireless service provider and, therefore, the requirements of the Telecommunications Act would be applicable. Mr. Ruddy reported that in evaluating this application it has been demonstrated that there is a need for the infrastructure within the area of the County identified. He said that the approval of this application would be in conformance with the requirements of Section 704 of the Telecommunications Act of 1996. Mr. Thomas Whitacre, representing VA PCS Alliance/ CFW Intelos, stated that this tower was not intended to be a spec tower, but is needed to improve their existing and growing customer base. Mr. Whitacre next answered questions from the Commission on such issues as structural capacity, co -users, lighting, and facility needs. There were no citizen comments. Members of the Commission agreed with the staff's recommendation that this application for a commercial telecommunications facility had adequately addressed the requirements of the Zoning Ordinance in that a need for the facility, based upon a lack of coverage and capacity in this part of the County, had been demonstrated. They also agreed that the waiver of the setback requirements was appropriate to minimize the impact of the tower on the surrounding area. Upon motion made by Mr. Miller and seconded by Mr. Ours, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #20-99 of CFW Intelos/ VA PCS Alliance for a 140' monopole telecommunications tower at 294 Footstone Lane (James L. Patton property) with a waiver of the setback requirements and the following conditions: All Zoning Ordinance requirements and review agency comments shall be addressed and complied with at all times. 2. The tower shall be available for locating personal wireless service providers. A minor site plan is approved by the County. 4. The tower shall be removed by the applicant or landowner within 12 months of the abandonment of operations. Frederick County Planning Commission Minutes of October 6, 1999 Page 419 KIM Conditional Use Permit #21-99 of CFW Intelos/ VA PCS Alliance for a 140' monopole telecommunications tower. This site is located on 161 Trinity Lane (hound Hill United Methodist Church property) and is identified with P.I.N. 52 -A -142A in the Back Creek Magisterial District. Action - Recommended Approval with Setback Waiver & Conditions Mr. Michael T. Ruddy, Zoning Administrator, read the background information and review agency comments. He said that the applicant is a personal wireless service provider and, therefore, the requirements of the Telecommunications Act would be applicable. Mr. Ruddy stated that in evaluating this application, it has been demonstrated that there is a need for the infrastructure within the area of the County identified; however, the applicant had not identified other sites in the area that are large enough to accommodate this facility. Mr. Thomas Whitacre, representing CFW Intelos/ VA PCS, was available to answer questions from the Commission. An adjoining property owner, Mr. Francis J. Kowalski residing at 3015 Northwestern Pike, was concerned about the overloading of an electrical transformer which both he and the church share, and which could adversely affect his household appliances. Mr. Kowalski's other concern was whether emissions from the tower would adversely affect the reception of his AM/FM radio, television, on-line computer, and portable telephone. Another adjoining property owner, Mrs. Olive W. Gardiner residing at 3021 Northwestern Pike, did not have objections to the tower location, but asked if there was a similar tower in the area they would be able to see. In response to Mr. Kowalski's concerns, Mr. Whitacre stated that CFW IntelosNA PCS will apply for and install a new, independent commercial power service which would operate off of a new, independent transformer, and will not impact others' electrical needs. Mr. Whitacre also explained why the opportunity for interference with AM/FM radio and television was very low. Mr. Winston McKay, representing the Round Hill United Methodist Church, came forward to speak in favor of the proposed tower. Mr. McKay believed the tower would not negatively affect the visual aesthetics of the church or the surrounding area. Members of the Commission were concerned about the proximity of the tower to the adjoining properties and right-of-ways. Mr. Whitacre stated that they have documented their search process in which six properties were identified that could meet coverage objectives; however, only the church property owners were interested in speaking with them. The Commission next discussed with Mr. Whitacre the applicant's search for co -location on nearby existing facilities and towers. The Planning Commission believed that the applicant had demonstrated a need for a facility in this area and the need for a waiver of the setbacks. Upon motion made by Mr. Marker and seconded by Mr. Romine, Frederick County Planning Commission Minutes of October 6, 1999 Page 420 -10 - BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommended approval of Conditional Use Permit #21-99 of CFW IntelosNA PCS Alliance for a 140' monopole telecommunications tower at 161 Trinity Lane (Round Hill United Methodist Church property) with a waiver of the setback requirements and the following conditions: All Zoning Ordinance requirements and review agency comments shall be addressed and complied with at all times. 2. The tower shall be available for locating personal wireless service providers. 3. A minor site plan is approved by the County. 4. The tower shall be removed by the applicant or landowner within 12 months of the abandonment of operations. Landscaping and opaque screening shall be provided to ensure that equipment buildings and other accessory structures are not visible from adjoining properties and road right-of-ways. Conditional Use Permit #22-99 of CFW Intelos/ VA PCS Alliance for a 180' monopole telecommunications tower. This site is located near the intersection of Mahlon Drive and Route 50 West (Calvin L. Ritter property) and is identified with P.I.N. 40-A-148 in the Gainesboro Magisterial District. Action - Recommended Approval with Setback Waiver & Conditions Mr. Michael T. Ruddy, Zoning Administrator, read the background information and review agency comments. He said that the applicant is a personal wireless service provider and, therefore, the requirements of the Telecommunications Act would be applicable. Mr. Ruddy stated that in evaluating this application, it has been demonstrated that there is a need for the infrastructure within the area of the County identified; however, it was possible that the provision of the same services could be achieved using alternative methods and alternative locations not identified by the applicant. Mr. Thomas Whitacre, representing CFW Intelos/ VA PCS Alliance, was available to answer questions from the Commission. Members of the Planning Commission raised concerns over the request for a setback waiver. Mr. Whitacre stated that if they moved the tower further away from the property line, they would be working on a very steep slope and would encounter other types of development problems. It was determined that the slope was about 120'. There were no public comments concerning this item. Members ofthe Commission believed the applicant had demonstrated a need for a facility Frederick County Planning Commission Minutes of October 6, 1999 Page 421 -11 - in the proposed location and had also demonstrated that a waiver of the setback requirement would be appropriate in this case. However, members ofthe Commission commented that the intent ofthe ordinance was not to permit setback waivers for convenience sake and they expressed concern that all three tower applications contained a requested waiver. Upon motion made by Mr. Thomas and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit 422-99 of CFW Intelos/ VA PCS Alliance for a 180' monopole telecommunications tower near the intersection of Mahlon Drive and Route 50 West (Calvin L. Ritter property) with a waiver of the setback requirements and the following conditions: All Zoning Ordinance requirements and review agency comments shall be addressed and complied with at all times. 2. The tower shall be available for locating personal wireless service providers. A minor site plan is approved by the County. 4. The tower shall be removed by the applicant or landowner within 12 months of the abandonment of operations. Proposed amendments to Chapter 165, Zoning, amending Section 165-59, Permitted Uses - RP (Residential Performance) Zoning District, establishing Single Family Small Lot Housing; Section 165-65F; Defining dimensional requirements for single family small lot housing; Section 165-29, Motor Vehicle Access; Section 165-37.C.(1) Perimeter single family separation buffers; Section 165- 63, Open Space Requirements; Section 165-64, Recreational Facilities. In addition, a proposed amendment to Chapter 144, Subdivision, amending Section 144-25, Lot Access. The proposed amendments modify a previously -existing housing type providing additional flexibility within the ordinance and increased design standards and amenities. Action - Recommended Approval Mr. Michael T. Ruddy, Zoning Administrator, stated that the text amendment has been refined in an effort to combine patio homes with the proposed senior housing to form a single housing type referred to as Single Family Small Lots. He explained that this housing type would not be limited to elderly housing and a higher quality development would be assured through the provision of additional amenities, such as recreational facilities, increased landscape standards, and quality private road designs, regardless of the status of ownership. He said that it is the staff's and DRRS's belief that this amendment enhances the existing RP requirements and provides additional flexibility within the ordinance. Chairman DeHaven called for public comments and the following persons came forward to speak: Frederick County Planning Commission Minutes of October 6, 1999 Page 422 -12 - Mr. Stephen M. Gyurism, representing Oakcrest Companies, and Mr. James Vickers, President of Oakerest Companies, were present to speak in favor of the proposed amendments. Mr. Vaughn Foura, with the Top of Virginia Home Builders Association, was in favor of components in the amendment that would provide flexibility and allow the developer some creativity in development. The Planning Commission extensively discussed the subject of curb and gutter and sidewalk requirements. The discussion focused on providing increased flexibility in the ordinance to allow for creativity in development and ensuring high design standards to provide for a quality development. Although the amendment as presented did much to accomplish this, the Planning Commission also revised the last sentence of Section 165-29,Motor Vehicle Access, as follows: "In addition, curb and gutters, Standard Curb CG -6, CG -7, or roll top curb, and sidewalks shall be provided along private roads; however, the Planning Commission may approve a waiver of sidewalks on private streets, provided another recreational amenity is substituted for the sidewalk." Upon motion made by Mr. Marker and seconded by Mr. Miller, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of amendments to Chapter 165, Zoning, amending Section 165-59, Permitted Uses - RP (Residential Performance) Zoning District, establishing Single Family Small Lot Housing; Section 165- 65F; Defining dimensional requirements for single family small lot housing; Section 165-29, Motor Vehicle Access; Section 165-37.C.(1) Perimeter single family separation buffers; Section 165-63, Open Space Requirements; Section 165-64, Recreational Facilities. In addition, aproposed amendmentto Chapter 144, Subdivision, amending Section 144-25, Lot Access. This amendment includes the revision to the last sentence of Section 165-29,Motor Vehicle Access, as follows: "In addition, curb and gutters, Standard Curb CG -6, CG -7, or roll top curb, and sidewalks shall be provided along private roads; however, the Planning Commission may approve a waiver of sidewalks on private streets, provided another recreational amenity is substituted for the sidewalk." The proposed amendments modify a previously -existing housing type providing additional flexibility within the ordinance and increased design standards and amenities. Proposed Amendment to Chapter 165, Zoning, amending Section 165-50, Permitted Uses - RA (Rural Areas) Zoning District; Section 165-51, Conditional Uses, permitting schools with a residential component as a conditional use in the RA (Rural Areas) Zoning District; Section 165- 145, Definitions, Redefining schools with and without a residential component. Action - Recommended Approval Mr. Michael T. Ruddy, Zoning Administrator, stated that this amendment is to allow schools with a residential component in the RA (Rural Areas) Zoning District. Mr. Ruddy stated that both the Planning Commission and the Board of Supervisors have held discussions regarding this amendment and have recommended forwarding the amendment for public hearing. Frederick County Planning Commission Minutes of October 6, 1999 Page 423 -13 - There were no public comments regarding the proposed amendment. Upon motion made by Mr. Thomas and seconded by Mr. Wilson, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the amendment to Chapter i65, Zoning, amending Section 165-50, Permitted Uses - RA (Rural Areas) Zoning District; Section 165-51, Conditional Uses, permitting schools with a residential component as a conditional use in the RA (Rural Areas) Zoning District; Section 165-145, Definitions, Redefining schools with and without a residential component, Proposed amendment to Chapter 165, Zoning, Article X, Business and Industrial Zoning Districts, Section 165-82, District Use Regulations, to allow fire stations, companies, and rescue squads as a permitted use in Sections A) BI (Neighborhood Business) District; B) B2 (Business General) District; C) B3 (Industrial Transition) District; and D) MI (Light Industrial) District. The proposed amendment would establish fire stations, companies, and rescue squads as a permitted use in the above -referenced Business and Industrial Zoning Districts. Action - Recommended Approval Mr. Michael T. Ruddy, Zoning Administrator, stated that this amendment is to allow fire stations, companies, and rescue squads as a permitted use in the B1 (Neighborhood Business), B2 (Business General), B3 (Industrial Transition), and M1 (Light Industrial) Zoning Districts. Mr. Ruddy stated that both the DRRS and the Planning Commission expressed their support of the proposed amendment at a joint work session held on September 15, 1999 and recommended forwarding the amendment for public hearing. There were no public comments regarding the amendment. Upon motion made by Mr. Miller and seconded by Mr. Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval ofthe amendment to Chapter 165, Zoning, Article X, Business and Industrial Zoning Districts, Section 165-82, District Use Regulations, to allow fire stations, companies, and rescue squads as a permitted use in Sections A) B1 (Neighborhood Business) District; B) B2 (Business General) District; C) B3 (Industrial Transition) District; and D) M1 (Light Industrial) District. The proposed amendment would establish fire stations, companies, and rescue squads as a permitted use in the above -referenced Business and Industrial Zoning Districts. Frederick County Planning Commission Minutes of October 6, 1999 Page 424 B[! ADJOURNMENT No further business remained to be discussed and the meeting adjourned at 10:00 p.m. by unanimous vote. Respectfully submitted, Kris C. Tierney, Secretary Charles S. DeHaven, Jr., Chairman Frederick County Planning Commission Minutes of October 6, 1999 Page 425 MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION This meeting was held in the Board Room ofthe Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on October 20, 1999. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; John R. Marker, Vice -Chairman/ Back Creek District; Marjorie H. Copenhaver, Back Creek District; Robert A. Morris, Shawnee District; S. Blaine Wilson, Shawnee District; Richard C. Ours, Opequon District; George L. Romine, Citizen at Large; and Jay Cook, Legal Counsel. ABSENT: John H. Light, Stonewall District; W. Wayne Miller, Gainesboro District; Roger L. Thomas, Opequon District; Terry Stone, Gainesboro District; Robert M. Sager, Board Liaison; and Vincent DiBenedetto, Winchester City Liaison STAFF PRESENT: Evan A. Wyatt, Deputy Director; Michael T. Ruddy, Zoning Administrator; and Renee' S. Arlotta, Clerk. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. APPLICATIONS ACTION SUMMARY Chairman DeHaven accepted the report for the Commission's information. COMMITTEE REPORTS Transportation Committee - 10/05/99 Mtg. Mr. Michael T. Ruddy, Zoning Administrator, reported that the committee discussed the Secondary Road Plan_ Frederick County Planning Commission Minutes of October 20, 1999 Page 426 -2 - Historic Resources Advisory Board (HRAB) - 10/19/99 Mtg. Mr. Robert M. Morris, HRAB member, reported that the HRAB discussed possible projects the HRAB could embark upon this year. Mr. Morris said that in the past, the HRAB has only responded to zoning requests; however, the HRAB believes there is a great deal more the group could do, perhaps pursuing opportunities for historic overlay districts, or becoming a certified local government for historic preservation. Mr. Morris also reported that Maral Kalbian was present at the meeting with a number of copies of her new book entitled, "Frederick County, Virginia - History Through Architecture." Sanitation Authority (SA) -10/18/99 Mtg. Mrs. Marjorie Copenhaver, Planning Commission liaison to the SA, said that Wellington Jones, the SA's Engineer/Director, reported that 10'/z" of rain fell in September, which raised and stabilized quarry levels. She reported that the SA concluded test pumping at the Back Creek well and during the test, 1,200 gallons per minute were pumped for 96 hours. She said the results were positive. Mrs. Copenhaver also reported that new connections for water and sewer have been running about 400 per year for the past few years, according to Mr. Jones. She said Mr. Jones had commented that these figures point to the fact that growth within the County is "controlled growth," as compared to the end of the 1980's, when the SA was averaging about 1,000 new connections per year. PUBLIC HEARINGS Request to expand the Urban Development Area (UDA) by incorporation of a 16.9 -acre portion of a 41 - acre parcel. This parcel is located on the south side of Cedar Creek Grade (Route 622), adjacent to the City of Winchester Corporate Boundary, in the Back Creek Magisterial District, and is identified with P.I.N. 63-A-2, zoned RA (Rural Areas). Action - Recommended Approval with Condition Mr. Evan A. Wyatt, Deputy Planning Director, said that the Comprehensive Plans and Programs Subcommittee (CPPS) considered a request to allow the expansion of the Urban Development Area (UDA) to incorporate a 16.9 -acre portion of a 41 -acre parcel, which is severed by the City/County boundary line. He said the property is owned by Joseph A. Allen, et als. Mr. Wyatt advised the Commission that the Frederick County Sanitation Authority Board approved a request to allow this acreage to be served with public water and sewer by the City of Winchester Public Utilities, as there are no lines from the Frederick County Sanitation Authority in this area. Frederick County Planning Commission Minutes of October 20, 1999 Page 427 -3 - Mr. Wyatt continued, stating that the CPPS believed the Allen request was analogous to the Westridge Subdivision UDA expansion request, which was also a portion of a larger tract that was severed by the City/County line. He said the CPPS believed the Allen request would allow for improved public services by creating a local street network between the Allen parcel and the Westridge Subdivision, connecting Cedar Creek Grade (Rt. 622) and Middle Road (Rt. 628). Mr. Wyatt stated that the CPPS recommended approval of the Allen request with the condition that the development of the property provide access from Cedar Creek Grade to a connection with the Westridge Subdivision to ensure improved public services through a complete road network. Mr. Stephen M. Gyurisin with G. W. Clifford & Associates, Inc., the engineering/design firm representing the applicant, was available to answer questions from the Commission. Mr. Gyurisin pointed out two different connection points that could be made with Westridge Subdivision. Members of the Planning Commission believed the extension of Westview Lane in Section III was the most important connection needed because it would allow direct access to the Frederick County portion of the development, via Cedar Creek Grade. It was noted that the County's public service personnel, such as the sheriff, fire and rescue, and school buses, would not have to traverse streets in the City of Winchester to get to the site. The Planning Commission unanimously recommended approval of the request with the condition that the development provide access to Cedar Creek Grade from Westview Lane in Section III to ensure improved public services. There were no citizen comments. Upon motion made by Mr. Ours and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the request to expand the Urban Development Area (UDA) by the incorporation of a 16.9 -acre portion of a 41 -acre parcel, identified with P.I.N. 63-A-2 in the Back Creek District, and owned by Joseph A. Allen, et als with the condition that the development provide access to Cedar Creek Grade from Westview Lane in Section III to ensure improved public services. Request by Fellowship Bible Church to extend water and sewer service outside of the Sewer and Water Service Area (SWSA). This parcel is located on the south side of Middle Road (Rt. 628) and the north side of Apple Valley Road (Rt. 652) in the Back Creek Magisterial District and is identified with P.I.N. 63-A-14. Action - Recommended Approval Mr. Evan A. Wyatt, Deputy Planning Director, stated that the Comprehensive Plans and Programs Subcommittee (CPPS) considered a request to allow the extension of public water and sewer service to the Fellowship Bible Church property during their September 13, 1999 meeting. Mr. Wyatt said the Frederick County Planning Commission Minutes of October 20, 1999 Page 428 -4 - representatives of the Fellowship Bible Church are limited in their ability to expand their facility due to the inability to expand their drainfield area, as well as the fact that their well system does not have the capability to provide adequate fire suppression. He said the church desires to install a 2%" force main sewer line and a water line of adequate size to provide fire protection. He explained that the Frederick County Sanitation Authority (FCSA) requires developers to provide a minimum of an eight- inch fire line and it must be dedicated to the Authority. Therefore, this request would result in the development of a private sewer force main and a public water system for the fire suppression. Mr. Wyatt continued, stating that the CPPS felt two issues had changed since they denied a similar request for this service in 1996. First, the recent extension of the Sewer and Water Service Area (SWSA) boundary along the south side of Apple Valley Road (Rt. 652) to the intersection of Middle Road (Rt. 628), places the SWSA boundary directly across Apple Valley Road from the Fellowship Bible Church property, whereas, this boundary previously existed '/2 mile south. Secondly, the 1996 request proposed to connect to the City of Winchester Public Utilities system within the Westridge Subdivision which was located 3/4 mile from this property, whereas this request would connect to the Apple Valley Water and Sewer System which will ultimately be developed across from the Fellowship Bible Church property, when the Blackburn Limited partnership tract is developed. Mr. Wyatt stated that the CPPS recommended unanimous approval of allowing public water and private sewer service extension to the Fellowship Bible Church property based on these changes in conditions. Mr. Richard Hardison, representing the Fellowship Bible Church, was available to answer questions from the Commission. There were no public comments. The Planning Commission agreed with the recommendation made by the CPPS that the request was appropriate, based on the two significant changes in conditions which had occurred since 1996. The Planning Commission had no other issues of concern. Upon motion made by Mr. Marker and seconded by Mr. Morris, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the request by Fellowship Bible Church to extend water and sewer service outside of the Sewer and Water Service Area (SWSA). PUBLIC MEETING Subdivision Application #21-99 of Frank W. Nichols, submitted by Smallwood Homes, to subdivide a 0.682 -acre tract into two lots. This property is located on Fairfax Drive, 239' northwest of its intersection with Montgomery Circle, and is identified with P.I.N. 75-A-7213 in the Opequon Magisterial District. Action - Recommended Approval w/ Exception of Sidewalks Frederick County Planning Commission Minutes of October 20, 1999 Page 429 -5 - Mr. Michael T. Ruddy, Zoning Administrator, stated that the request is for the subdivision of a 29,740 -square -foot tract into two lots and the Master Development Plan requirement has been waived due to the size and scale of the request. Mr. Ruddy said that this is a residual parcel located between both the Fredericktowne and the Fredericktowne Estates subdivisions. He explained that the proposed lots comply with the dimensional requirements of the single-family detached urban housing type, in particular, the minimum lot size of 12,000 square feet. Mr. Ruddy continued, stating that the subdivision as submitted appears to satisfy the requirements of the Subdivision Ordinance with the exception of the required sidewalks. Mr. Ruddy said that sidewalks are required to be installed in the right-of-way along local streets in any subdivision containing one or more lots of less than 15,000 square feet in size. He said that due to the fact that the developments surrounding this proposed subdivision do not contain any sidewalks, and due to the size of the proposed lots, it may be appropriate to allow an exception to this requirement in this case. Mr. Steve Smallwood was representing this application and he was available to answer questions from the Commission. There were no citizen comments concerning this subdivision application. No major issues of concern were raised by members of the Commission. Upon motion made by Mr. Ours and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the Frank W. Nichols property subdivision with an exception to the Frederick County Subdivision Ordinance, Section 144-18, Provision of Sidewalks, contingent upon the applicant satisfying all of the review agency comments. ADJOURNMENT unanimous vote. No further business remained to be discussed and the meeting adjourned at 7:25 p.m. by Respectfully submitted, Kris C. Tierney, Secretary Charles S. DeHaven, Jr., Chairman Frederick County Planning Commission Minutes of October 20, 1999 Page 430 APPLICATION ACTION SUMMARY (printed November 17, 1999) Application newly Ysubmitte d. REZONINGS• Jack K Wampler, Sr., et als (REZ #15-98) Stonewall 1 .69 ac. from B3 to RA & modification of approved proffers Location: W. side of Martinsburg Pk. (Rt. 11), about 0.5 mi. so. of the intersection w/ Hopewell Rd. (Rt. 672) Submitted: 07/09/99 PC Review: 08/04/99 - tabled; scheduled for 10/06/99; 10/06/99 - recommended approval w/ revised proffers BOS Review: 10/27/99 - approved w/ revised proffers Manuel C. & Pearl A. DeHaven & W.D. & Dorothy Orndorff (REZ #10-99) "Mr. Fuel' Stonewall 9.4382 acres from M2 to B3 and .8263 acres from RA to B3; 10.2645 ac. of IA Overlay District Location: 500'+ so. of intersection of Rest Church Rd. (Rt. 669) & Martinsburg Pk. (Rt. 11), betwn Rt. 11 & I-81, & continuing so. to Duncan Run. Submitted: 04/13/99 PC Review: 05/05/99 - recommended approval with proffers BOS Review: 05/26/99 - tabled Channing Drive (REZ #15-99) Stonewall 354.3 ac. from RA to RP for 846 homes; (Previously: Lynnhaven, 22.0 ac. from RA to B2 for commercial She ard/Futral, & Giles) use Location: North side of Senseny Rd., on both sides of Beans Pond Lane, & at the end of Eddy Lane Submitted: 02/05/99; resubmitted 10/08/99 PC Review: 03/03/99 -tabled (applicant waived time req.); 11/03/99 - recommended approval with proffers BOS Review: 12/08/99 MASTER DEVELOPMENT PLANS: Shenandoah University - Revision to MDP #001-91 Shawnee New 2,500 seat football stadium & eliminate 500 -unit dormitory (HE) Location: East side of I-81 adjacent to College Park and Pembridge Heights subdivisions Submitted: 07/30/99 PC Review: 08/18/99 - recommended approval BOS Review: 08/25/99 - approved Admin. Approved: Pending Lexington Court (MDP #04-99) Opequon 26 townhouse units & 3 urban single- family lots on 4.8635 ac. (RP) Location: Fairfax Pike (Rt. 277) Submitted: 07/14/99 PC Review: 12/15/99 - tentatively scheduled BOS Review: 01/12/99 - tentatively scheduled Admin. Approved: Pending Oakdale III, Raven Pointe, Raven Oaks, Ravenwin (MDP #02-99) Shawnee 668 residential dwelling units on 247 acres of RP -zoned land Location: North side of Rt. 50. East of Winchester Submitted: 05/11/99 PC Review: 06/02/99 - recommended approval BOS Review: 07/14/99 - approved Admin. Approved: Pending Applications Action Summary Printed October 20, 1999 SUBDIVISIONS• Ft. Collier Industrial ,Park (Win- chester Pasta) (SUB #26-99) Stonewall Subdivision of 82.136 acres into two lots - Lot 27A & Lot 27B (MI) Location: SE end of Park Center Dr. (Rt. 1323), approx. 0.15 mi. SE of the Westbrooke Rd. (Rt. 1320) intersection Submitted: 10/13/99 MDP #004-91 MDP approved by BOS 10/09/91; MDP admim_ approved 02/24/98 Subd. Admin. Approved: Pending Adams Family Ltd. Ptnrshp. SUB #25-99 Shawnee Subdivision of 26.45 acres into 2 lots (MI) Location: Airport Business Center, Parcel 4, Airport Road Submitted: 10/07/99 MDP #009-87 last revision of MDP was admin. approved 06/22/99 Subd. Admin. Approved: Pending Airport Parc Bldg. A (Airport Business Center (SUB #23-99) Shawnee Subdivision of 64.2 ac. into 2 lots 1 w/ Flex Tech Overlay) Location: Intersection of Airport Road & Admiral Byrd Drive Submitted: 10/05/99 MDP #009-87 MDP approved by BOS 09/23/87; latest MDP revision [administratively approved 06/22/99 Subd. Admin. A moved: endin Applications Action Summary Printed October 20, 1999 Prince Frederick Office Park, Phase II SUB #22-99) Shawnee Subdivision of 49.910 acres into 5 lots (132) Location: 1/4 mi. so. F Rt. 50E., 1/4 mi. east of Rt. 522N., immediately west of Prince Frederick Dr., immediately south of Winchester Reg. Airport Submitted: 09/30/99 MDP #001-93 MDP approved by BOS 04/14/93; MDP admin. approved 06/08/93 Subd. Admin. Approved: Pending Frank W. Nichols PropertyII SUB #21-99) NO MDP Opequon Subdivision of 2 lots: Lot 1 -14,742 s.f.; Lot 2 -14,987 s.f. (RP) Location: 239' northwest of the Montgomery Circle/ Fairfax Dr. intersection Submitted: 09/27/99 PC Review: 10/20/99 - recommended approval w/ sidewalk exception BOS Review: 11/10/99 - approved w/ sidewalk exception Subd. Admin. Approved: Pending RavenWing, Section 1 SUB #20-99 Shawnee 80 single-family urban lots on 24.5711 acres (RP) Location: North side of Rt. 50 East of Winchester Submitted: 08/27/99 MDP #02-99 MDP Approved by BOS 07/14/99; Admin. Approval is Pending �Subd. Admin. Approved: Pending Applications Action Summary Printed October 20, 1999 Thomas A & Helen S. Grove Subdivision (SUB #19-99) I NO MDP Shawnce Subdivision of 5.958 acres into 2 lots (Ml) Location: South side of Airport Road (Rt. 645) Submitted: 08/06/99 PC Review: 09/01/99 - recommended approval BOS Review: 09/08/99 - approved Admin. Approved: Pending Merriman's Chase (SUB #13-99) Back Creek Subdivision of 26.895 ac. into 48 single- family residential lots (RP) Location: W. side of Merrimans Ln. (Rt. 621), along Rt. 37 at Abrams Creek and Winchester & Western Railroad Submitted: 04/26/99 MDP #006-98 (formerly known as Willow Branch) Approved by BOS 01/13/99; Admin. Approved 02/12/99 Subd. Admin. Approved: Pending The Camp/Tasker Rd. (JASBO, Inc. /F. Glaize) (SUB #011-99) Opequon 1 Subd. of 50.52 ac. into 170 single-family residential lots w/in 3 sections (RP) Location: So.west corner of Tasker Rd. (Rt. 642) & White Oak Rd. (Rt. 636) Submitted: 02/18/99 MDP #004-98 (Tasker Rd. Land Bays) MDP approved by BOS 07/08/98; MDP approved admin. 09/04/98 Subd. Admin. Approved: Section 1 approved 10/27/99; Sections 2 and 3 are pending Applications Action Summary Printed October 20, 1999 Fort Collier - Lot 32 Stonewall 1 Subdivision of 1 lot consisting of 4.7374 1 SUB #09-99) Location: acres (Ml) Location: Property fronts the northwest corner of the intersection of Brooke Rd. 01/27/99 (Rt: 1322) & West Brook:, Rd. (R1.1320) Submitted: 01/29/99 MDP #004-91 MDP approved by BOS 10/09/91; admin. approved 11/22/91 Subd. Admin. Approved: Pending Stonewall Industrial Pk. - Lot 32 SUB #06-99) Gainesboro Subdivision of 24.5524 ac. into 60 lots for single-family det. traditional homes Subdivision of 1 lot consisting of 5.4455 ac. (Ml) Location: Corner of Century Ln. (Rt. 862) & Lenoir Dr. (F-732) Submitted: 01/27/99 Subd. Admin. Approved: MDP #006-93 MDP approved by BOS 07/14/93; MDP admin. approved 07/28/93 Subd. Admin. Approved: LPending Canter Estates - Section I (SUB #05-99) Shawnee Subdivision of 24.5524 ac. into 60 lots for single-family det. traditional homes Location: Northwest corner of intersection of White Oak Rd. (Rt. 636) & Macedonia Church Rd. (Old Rt. 642) Submitted: 02/08/99 MDP #004-98 (Tasker Rd. Land Bays) MDP approved by BOS 07/08/98; MDP admin. approved 09/04/98 Subd. Admin. Approved: Pending Applications Action Summary Printed October 20, 1999 Tybrooke, L.C. (SUB #03-99) NO MDP Fainesboro 7 2 Lots; TI. Acreage 4.1277 (BZ & RA) Location: Front Ro A Pk (Rt. 522) at Albin; 1 mile N. of Winch. B (Rt. 37) Submitted: 01/22/99 PC Review: 03/17/99 - recommended approval BOS Review: 04/12/99 - approved Subd. Admin. A roved: I pending Autumn Glen, Sect. I SUB #015-98) Opequon 21 lots - duplex & multiplex (52 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 Land Bays) MDP approved by BOS 07/08/98; MDP Pending Admin. Approval Subd. Admin. A roved: [Phase I approved on 11/04/98 for 21 dwellings Lenoir City Co. Lot 2; Stonewall Indust. Pk. SUB #007-97) Gainesboro Subdivision of a 2.6584 ac. lot (Ml) Location: McGhee Rd. (Rt. 861); approx. 1,000' from Tyson Dr. intersection Submitted: 07/28/97 MDP #006-93 by BOS 07/14/93; Admin. Approved 07/28/93 Subd. Admin. Approved: LApproved endin Dominion Knolls (SUB #005-97) 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: Sect. 1 (25 lots) approved 06/02/98; Sect. 2 approved; Sect. 3 pending Applications Action Summary Printed October 20, 1999 Winchester -Fred Co. IDC (SUB) Back Creek 2 M1 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 rPendin Admin. Approval Awaiting signed plats. 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 lat Harry Stimpson (SUB) Fopeguon Two B2 Lots Location: Totivn 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: Applications Action Summary Printed October 20, 1999 Kraft Foods Wastewater Treatment Bldg, (SP #54-99) Stonewall 2,300 s.f. addition to existing mfg. facility; 20 -acre site (M1) Location: 220 Park Center Drive Submitted: 10/12/99 Approved: Pending Applications Action Summary Printed October 20, 1999 Pentecostal Holiness Church SP #53-99 Stonewall Church Addition; 2.12 -acre parcel (RA) Location: Martinsburg Pike (Rt. 11), north of Old Charlestown Rd. (Rt. 76 1) & south of Stephenson Rd. (Rt. 664) Submitted: 10/14/99 Approved: Pending Kraft Foods Capri Sun 2000 SP #52-99 Stonewall 8,727 s.f. addition to existing mfg. facility; 20.00 -acre parcel 1) Location: 220 Park Center Drive Submitted: 10/12/99 Approved: Pending Bandit Karts III (SP #51-99) Shawnee 6,000 s.f. warehouse,1,500 s.f. office for manufacturing use on 1.34 -ac. site OLl Location: Lot 9, Westview Business Centre Submitted: 10/13/99 Approved: Pending Applications Action Summary Printed October 20, 1999 10 Kraft Foods Phase I Bldg. Stonewall 8,573 s.f. office addition; 708 s.f. lobby; Expansion (SP #50-99) 90 s.f. vestibule; 1,334 s.f. outdoor em Flo ec break area 1) Location: 220 Park Center Drive Submitted: 09/16/99 Approved: 11/01/99 Applications Action Summary Printed October 20, 1999 10 Jim Wilson Warehouse #2 SP #49-99) Stonewall Reconstruct 30,000 s.f. warehouse bldg. On existing foundation (Mi) Location: Lenoir Drive Submitted: 08/31/99 Approved: Pending Irongate, Inc. (SP #48-99 Opequon Addit. to exist. steel fabrication shop; 0.25 ae. develop. on 1.438 ac. site (M1 Location: 201 Ridings Lane Submitted: 08/30/99 Approved: Pending Park Place Condominiums, Section II SP #44-99) Shawnee 88 unit apartment complex; 9.52 ac. of II - ac. parcel developed (RP) Location: S.E. corner of Valley Mill Rd. (Rt. 659) & Brookland Ln. (Rt. 658) Submitted: 08/18/99 Approved: Pending Stonewall Industrial Park, Lots 26, 27, & 28 (SP #42-99) Gainesboro 10,450 s.f. office/ 154,325 s.f. warehouse; 12.08 ac. parcel (M1) Location: McGhee Road; Stonewall Industrial Park Submitted: 07/30/99 Approved: Pending Omega Drywall, Ltd. (SP #41-99) ILGainesboro I 34'X 60' storage bldg.; (M1) Location: Stonewall Industrial Park, Lot 15-A; 1671 Tyson Drive Submitted: 07/19/99 Approved: 10/25/99 Applications Action Summary Printed October 20, 1999 11 Shenandoah Valley Baptist Church (SP #40-99 Opequon 2- 756 s.f. additions to existing church bldg. for storage use (RA) Location: 4699 Valley Pike Submitted: 07/12/99 Approved: Pending Fairfax Court (SP #38-99) Opequon Single-family & Multi -family Residential Use (RP) Fairfax Pike (Rt. 277) Location: Submitted: 07/14/99 Approved: Ip Pending Appleland Sports Center, Inc. SP #37-99) Back Creek Expansion of existing commercial recreation area; (RA) Location: 4490 Valley Pike Submitted: 07/14/99 Approved: Pending Kim & Marietta Walls SP #34-99) Stonewall office (B2); 1.58 ac. parcel (1.0 ac. in City of Wine.; 0.58 ac. in Fred. Co.) Location: 909 North Loudoun St. Submitted: 06/22/99 Approved: Pending Greenwood Volunteer Fire Co. (SP #28-99) Shawnee 11,400 sq.ft. addition to existing bldg.; 2.66 ac. developed of 4.00 ac. parcel (RA) Location: 1366 Greenwood Road Submitted: 06/08/99 Approved: 10/26/99 Applications Action Summary Printed October 20, 1999 12 Winc.-Fred. Co. Chptr. of the American Red Cross (SP #23-99) [Stonewall 16,160 sq.ft. office facility on 2.0213 ac. parcel (132) Location: E. side N. Frederick Pk; approx. 1/4 mi. N. of Wine. Corp, limits Submitted: 05/13/99 Approved: Pending Burning Tree Apts. & Town- houses (SP #19-99) Shawnee Multiplex development on 1.3 acres (RP) Location: Williamson Road (Rt. 1213) Submitted: 05/26/99 Approved: 11/02/99 America House Assisted Living SP #073-98) Opequon Assisted living facility/4.6 ac. developed on 73.4749 ac. site (RP) Location: South side of Tasker Rd. (Rt. 642); 1,100 feet east of Aylor Rd.(Rt. 647) Submitted: 12/02/98 Approved: 11/01/99 Kim Henry Property - Mini Warehouse (SP #057-98) Stonewall 1 7,504 s.f. warehouse; 4 ac. developed of a 7.74 ac. site (133) Location: Intersection of Baker Lane & Fort Collier Road Submitted: 08/26/98 Approved: Pending Applications Action Summary Printed October 20, 1999 13 Moffett Property (SP #050-98) Stonewall Metal warehse. addition (4,800 g.s.f.); 1.392 ac. site; 0.465 disturbed (B3) Location: 1154 Martinsburg Pike Submitted: 07/21/98 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 Southeast Container (SP #001-98) Stonewall District Parking Lot; 0.2 ac. Disturbed on a 89.6 ac. Site (M1) Location: Ft. Collier Industrial Park Submitted: 01/06/98 Approved: Ip Pending Agape Christian Fellowship Church Sanctuary (SP #005-97) Shawnee 1 Church Expansion; 2.5 ac. to be developed of a 29.5115 ac. site ) Location: East side of Rt. 642; approx. 2,500' so. of the Rt. 37/1-81 Interch . Submitted: 02/12/97 Approved: 11 Approved: IP Pending Shenandoah Bldg. Supply (SP #056-96) Gainesboro Warehouse on 5 acres (M1) Location: 195 Lenoir Drive (Stonewall Industrial Park) Submitted: 12/16/96 Approved: P Pending Applications Action Summary Printed October 20, 1999 14 Stimpson/Rt. 277 Oil & Lube Service (SP #030-96) Opequon Oil & Lube Serv., Car Wash, Drive - Thru on 2.97 ac. (132) 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 1 acre site (132) Location: 1730 Berryville Pike Submitted: 04/10/96 Approved: Pending CONDITIONAL USE PERMITS: Applications Action Summary Printed November 17, 1999 15 Andrew Reh (CUP #25-99) Back Creels —Tice Sculpting (RA) Location: 8068 Valley Pike Submitted: 10/06/99 PC Review: 11/03/99 - recommended approval w/ conditions BOS Review: 12/08/99 Rhoda W. Kriz (CUP #24-99) Gainesboro Bed & Breakfast; 3 rooms available; owner/operator will live in house Location: 547 Apple Pie Ridge Road Submitted: 09/30/99 PC Review: 11/03/99 - recommended approval w/ conditions BOS Review: 12/08/99 Applications Action Summary Printed November 17, 1999 16 CFW Intelos - VA PCS Alliance Cal. Ritter Prop.) (CUP #22-99) Gainesboro 180' monopole telecommunications facility (RA) Location: Rt. 50W to last driveway before Mahlon Dr.; proceed up drive to quarry, site on right of hillside Submitted: 09/10/99 PC Review: 10/06/99 - recommended approval with conditions & granting of setback waiver request BOS Review: 10/27/99 - approved w/ conditions & granting of setback waiver req. CFW Intelos - VA PCS Alliance (Rnd. Hill U.M.C.) (CUP #21-99) Gainesboro 140' monopole telecommunications facility (RA) Location: 161 Trinity Lane, off of Rt. 803 Submitted: 09/10/99 PC Review: 10/06/99 - recommended approval w/ conditions & granting of setback waiver request BOS Review: 10/27/99 - approved w/ conditions & granting of setback waiver req. CFW Intelos - VA PCS Alliance Jim Patton Pro (CUP #20-99) Gainesboro 140' monopole telecommunications facility (RA) Location: Footstone Lane, off of Rt. 522 North Submitted: 09/10/99 PC Review: 10/06/99 - recommended approval w/ conditions & granting of setback waiver request BOS Review: 10/27/99 - approved iv/ conditions & granting of setback waiver reg. Outreach to Asia Nationals OTAN) (CUP #19-99) Gainesboro Humanitarian Aid Organizational Office (RA) Location: 261 Bethany Hill Drive Submitted: 08/25/99 PC Review: 10/06/99 - recommended approval w/ conditions BOS Review: 10/27/99 - approved w/ conditions Applications Action Summary Printed November 17, 1999 17 Milam's Landscape (CUP #18-99) Gainesboro landscape contractors business & garden center; expansion of previously approved CUP #012-97 (RA) Location: Round Hill Road Submitted: Submitted: 09/10/99 10/06/99 - recommended denial . PC Review• 10/06/99; rescheduled for 11/03/99; 11/03/99 - recommended approval with conditions BOS Review: 12/08/99 Garland L. Boyce, Sr. CUP #17-99 Back Creek Public Garage for Auto Repair (RA) Location: East side of McDonald Rd. (Rt. 616), approx. 1-1% mi. from Wardensville Grade (Rt. 608) Submitted: 09/07/99 PC Review: 10/06/99 - recommended denial BOS Review: 10/27/99 - denied Martha Tatum (CUP #16-99) O e uon I Graphics Worksho (RA) Location: 337 Mumau Lane, Stephens City Submitted: 07/07/99 PC Review: 10/06/99 - recommended approval w/ conditions BOS Review: 10/27/99 - approved w/ conditions SBA, Inc. (Richard Miller Cooley (CUP #03-99) Opequon Commercial Telecommun. Facility: 250' self-supporting lattice tower (RA) —Property) 173 Catlett Lane, Middletown —Location: Submitted: 03/12/99 PC Review: 04/07/99 - tabled at the applicant's request for 90 days to 07/07/99; 07/07/99 - tabled at the applicant's request for 30 days to 08/04/99 08/04/99 - tabled at the applicant's request indefinitely BOS Review: not yet scheduled Applications Action Summary Printed November 17, 1999 18 VARIANCES: Applications Action Summary Printed November 17, 1999 19 PC REVIEW: 12/01/99 BOS REVIEW: 01/12/00 CONDITIONAL USE PERMIT ,a#26-93 NANETTE M. McFARLAND Kennel LOCATION: This property is located at 3782 Wardensville Grade. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 59 -A -20E PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) District; Land Use: Residential ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District, Land Use: Residential and Vacant PROPOSED USE: To establish a kennel for a "pet sitting" service REVIEW EVALUATIONS: Virginia Dept. of Transportation: No objection to a 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: Area of building shall comply with The Virginia Uniform Statewide Building Code and the BOCA National Building Code/1996. Please submit a floor plan of the area for a change of use building permit. Note the requirements in the International Mechanical Code for the proper air change for kennels within buildings. Fire Marshal: Emergency vehicle access (width and overhead clearances) must be maintained to accommodate fire apparatus. Plan approval is recommended. Nanette McFarland CUP #26-99 Page 2 November 18, 1999 Health Department: A walkover of the sewage disposal system was conducted on 10/14/99; no problems with the system were evident. As there will be no increased use of the sewage disposal system for the proposed conditional use permit, the Health Department has no objection to the proposed conditional use permit. Sanitation Authority: No comment. Planning and Zoning: Kennels are a permitted use in the RA (Rural Areas) Zoning District with an approved conditional use permit. As defined in the Frederick County Zoning Ordinance, a kennel is a place to house, board, breed, handle or otherwise care for dogs for sale or in return for compensation. The applicant states that their operation will involve boarding of approximately five (5) animals in the basement of the dwelling. The property is currently being used as a home occupation for a pet -sitting service, in which the applicant pet - sits at the clients' homes. The property is surrounded by natural mature woodlands; the nearest property is 150 feet from the residence in which the applicant is proposing to use for the business. Based upon the limited scale of the proposed use and a review and evaluation of the property, it appears this use would not have any significant impacts on the adjoining properties. STAFF CONCLUSIONS FOR 12-01-99 PLANNING COMMISSION MEETING: Staff recommends approval of this request with the following conditions: All agency comments should be complied with at all times. 2. All requirements of the Frederick County Code and the Code of Virginia pertaining to kennels shall be complied at all times. 3. No more then five (5) animals other than those owned by the applicant shall be boarded at one time. 4. Any proposed business sign shall conform with the Cottage Occupation requirements (sign shall not exceed four (4) square feet). 5. Any expansion of this use would require a new Conditional Use Permit. O:\Agend&%\COMMENTS\CUP's\ 1999\McFarland.CUP.wpd N ej? W E J I soff r t Smith N IT ® Lambert Ba er an Aa Ott r X de CUP #26-99 Nanette M. McFarland PIN: 59—A -20E Produced by Frederick County Planning and Development, 11-1e-99 C w3yr Submittal Deadline P/C Meeting BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA -/a-- CC 1. Applicant (The applicant if t``he,, _ V,- owner other) NAME: r. t�l.0 M. &K L n n J ADDRESS: UdA(211S�Ji Le &VJ,--- windled-ep, �y a-�c TELEPHONE r} - q 2. Please list all owners, occupants, or parties in interest the property: E DEPT. OF PLANN'�!NIG/DEVEi OPMENT of 3. The property is located at: (please give exact directions and include the route number of your road or street) West 4. The property has a road frontage of 35-6.8�R feet and a depth of toe��.�,� feet and consists of C•-,'� acres. (Please be exact) (f )Ayer fie.. MoP,C a 0 _ +-,me- of "DEED ) 5. The property is owned by hoe -We .� M� �y+� t r�na as evidenced by deed from & ,p Ana �-Apon �_UJcn - recorded (previous owner) in deed book no. `k, on page t 514 , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. - t Property Identification No. 51- fl -7,61C Magisterial District Current Zoning j 7. Adjoining Property: ZONING -ZE2V -tie- til �kI-, USE North 1lf�CARi Eastt4�r�F.F�� South West ZONING -ZE2V -tie- til �kI-, 8. The type of use proposed is (consult with the Planning Dept. before completing) SL�) 6-A 1 9. It is proposed that the following buildings will be constructed:__���,� 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property where the requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this application: �o. F NAME rAt2uL �� S n�. � h ADDRESS (031 �Cl� �e� � , [JA s��ss PROPERTY ID# rJ9 a� I� 20 �' NAME �pnn l 5 p. LA/r1b2K ADDRESS -3Z0(,( .dZJeetSc� `� (jat,i�e PROPERTY ID#� t Fl -10 'D �'1 R NAME ENII�L Vir&,nt',l ( LUSe✓tADDRESS 3137 �4�eJK��ie O cie �jW PROPERTY ID# 2a 5-7 2� Z2,23 A NAME-,�CYSAQ T' (UeADDRESS r)40 (gmdow C.inc'i-- ES4es PC'LP,k Color�c�do PROPERTY ID# Sct A Z NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# ADDRESS PROPERTY ID# -'- S. '7Z-/0' -67" E. N• 7z° /O' 25 At 31 k3 1` 4 Lo'?' S � TELE, ZioX M�¢ ,9 /Oo/.97'- �$A.'/�1 6 q, y5/ LAP 0' h' "lkcl 12 � Q,JTh N id E St/owin�G ,�fousE, Locf/ronJ SuRV,Ey onl Lo'Y � � � � ° lP Sf 51 S�c'Yion1 11 �F-ER 1-��71/E�J E57'.c1 i�Es' �HCK CAGE/.( DIS?: FA,EDE.Q/CK CO•/ !//RGI./p �Sc�GE /"_ /pp• CgRRInlG7o� S. Loses 'c'es. CER'YjFlED SURVEy/o/Q £ALT$ 0 'k, tn/iNc1-%Es7�211//RG�iJ11j _ ,-/&RE$y CZR^/iIFY 'MAWY 04J'Y11E peov� �47� _ Mgo.E gccueg7� sunwey yrs of P^/V115E 'YJiE 5 SNoW.J lgaae l) 9.Jv 7i1y7' ^1//F_P�t A.eENb ",gSEMEW Y6 aye CARR GTON S. COBBS E.Jc�eoacNMrr 1J?'s Vis/azA- o'YNE,2 '7'Nan1 7NosE SH'Maeew ) CERTIFICATE No Z� 9 476 '%'NE ,�fBo✓E Lo7 /s No7 /A) q c400D )I#ZgRD 2o.t1E eb�URVE�'y'tIE MBOV<_ s i✓Is10A) 15 RCC01WED IA) -DEED -Boo/( 52o1 PG. 4¢0. 12. Additional comments, if any: `��rat2e vP��C��S�:y�Ce �J1�E�2e C)`"� �OL<i e- 1 \ C�A5 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 Applicants<C'��2,'k Signature of Owner 1 / Owners' Mailing Address ` r�x,� )a/Zda? Ui/A 6fra c,I Ott?(J%n[(rr Owners' Telephone No. �S�U� Y-7-7— ;C) `t S TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: PC REVIEW: 12/01/99 BOS REVIEW: 01/12/00 CONDITIONAL USE PERMIT #27-99 STUART M. PERRY, INC. Commercial Outdoor Recreation 18 -Hole Golf Course LOCATION: This property is located at 1052 Merrimans Lane. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBERS: 52-A-313 and 52-A-88 PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) District, Land Use.- Orchard, se:Orchard, Residential ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas)and EM (Extractive Manufacturing) District; Land Use: Residential, agricultural, Perry's quarry PROPOSED USE: Construct an 18 -hole golf course REVIEW EVALUATIONS: Virginia Dept. of Transportation: No objection to conditional use permit for this property. However, prior to operation of the business a commercial entrance must be constructed to our minimum standards to allow for safe egress and ingress of the property. Any work performed on the State's right-of-way must be covered under a land use permit. The permit is issued by this office and requires an inspection fee and surety bond coverage. Inspections Department: No comment required for the construction of the golf course. Any existing structures to be utilized shall require a change of use permit. Please submit a floor plan at the time of permit application. Question the location of restrooms on the property and travel distance. Fire Marshal: Emergency vehicle access must be maintained. Plan approval is recommended. Stuart M. Perry, Inc. CUP #27-99 Page 2 November 19, 1999 Health Department: No objection if the property will be served by public sewer and water services. Any proposal to use on-site sewage disposal must be initiated with an application that includes a design by a Virginia Professional Engineer and a soil evaluation completed by a soil consultant. City of Winchester: No comment. Planning and Zoning: The Frederick County Zoning Ordnance, allows commercial outdoor recreation facilities in the RA zoning district with a conditional use permit. The proposed golf course would be a commercial outdoor recreational facility. This property is located in the RA zoning district and is presently being used as an orchard. The property is surrounded by a quarry to the west, Route 37, and vacant property to the east. The southern part of the property is surrounded by RA -zoned property that is used residentially and as an orchard. Generally, a golf course would have minimal impact on the surrounding land use, and would be keeping with the character of the area. Presently, this property contains a migrant worker labor camp. The applicant is proposing to convert two of the buildings into a pro shop and snack bar. In addition, two large trailers that are currently being used residentially by the migrant workers are to be removed from the property. The Health Department has commented that there are no objections to this Conditional Use Permit, if the property is served by public sewer and water services. This property is located outside of the SWSA as noted in the Frederick County Comprehensive Plan. Therefore, public sewer and water services are not available to this property. The Health Department noted any use of an on-site sewage disposal system must be initiated by an application with a design by a Virginia Professional Engineer, following a soil evaluation of this property. The applicant is in the process of addressing the Health Department comments. The approval of this Conditional Use Permit should be conditioned upon addressing these issues. Staff would recommend limiting the number of signs along Route 37 to one (1) and limiting the size of the sign to a maximum of fifty (50) square feet in area. This is in keeping with the rural character of this area, and will eliminate the potential for excessive signage along Route 37. An engineered site plan will be required for this proposed use; this site plan will address all the requirements of the Frederick County Zoning Ordinance and the concerns of the various reviewing agencies. The entrance to this site may be impacted by the future extension of Jubal Early Drive. It would be appropriate to consider this potential impact during the site plan development process. Any expansion of use or change of use would require a new Conditional Use Permit, and an engineered site plan to address any new requirements. Stuart M. Perry, Inc. CUP #27-99 Page 3 November 19, 1999 STAFF CONCLUSIONS FOR 12-01-99 PLANNING COMMISSION MEETING: Staff recommends approval with the following conditions: All review agency comments must be addressed and complied with at all times. 2. One (1) business sign shall be allowed along Route 37; this sign shall be limited to a maximum of fifty (50) square feet in area. An engineered site plan shall be approved by the County. 4. Any expansion of use beyond the proposed 18 holes or construction of additional facilities would require a new Conditional Use Permit. OAAgendas\COMMENTS\CUP's\ 1999\SNactPeny.wpd CUP #27-99 PIN: 52-A-313 Stuart M. Perry, Inc. 52-A-88 Produced by Frederick County Planning and Development, 11-16-99 jb Submittal Deadline P/C Meeting BOS Meeting Ay';`QN„j°�IZj�i�(j7NDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA I. Applicant (The applicant if the �4 Owner_ other) NAME: (-� JQ '-pplc r ADDRESS: "� L 1VY}e,'�le ncl TELEPHONE �� ��p'� - 34:'6 1 2. Please list all owners, occupants, or parties the in interest of property: Uad 3. The property is located at: (please give exact include the route number directions and of your road or street) t 0 5 a rs-', l -a n e. 4. The property has a road frontage of QQ feet and a depth of feet and consists of (Please be exact) acres. 5. The property is owned by -� `{ ,,1� , (�C� evidenced by deed from q as recorded (previous owner in deed book no. `j on page •t L. , as recorded in the records of the Clerk of the Circuit Court, Frederick. County of or Book no. 913 on page no. 219 6. 14 -Digit Property Identification No.13, Magisterial District c C�eeK Current Zoning l 7. Adjoining Property: .,e,., North East South West 8. The type of use proposed is (consult with the Planning Dept. before completing) Course r • 9. It is proposed that the following buildings will be U constructed: 10. The following are all of the individuals, firma or corporations owning property adjacent t�iear and in front of (across street from) the property where the requested use will be. conducted. (Continue on back if necessary.) These people will be notified by mail of this application: NAME d77 PQ, 1 Yl ADDRES S '�o �( a$ PROPERTY ID,i�_rJ_%�(��I�Oo�3�� NAME �QY'�1�,5l� ADDRESS PROPERTY ID, x.QQaJ�Q �'3 ��'C1&C� NAME ADDRESS PROPERTY IDS 2, Q() ��� 1'n�E �� 2C' � \ f p aWQ) , NAME ADDRESS 2 S PROPERTY NAME ADDRESS 1 DSS C)td Va\l12 PROPERTY IDO 5`Z-�OOO��OOO�I I PO b Ox �q % �] � , NAME ADDRESS ADDRESS PROPERTY IDJ.J�.� Pk(-)Dnq NAME C7( ADDRESS 2-1 ci Kn, xna I C�ll1 PROPERTY ID#5z-OOoC Wr1C�(12S-}eS NAME °- x,11 ADDRESS'EQ_bQj( PROPERTY IDI 5ZZC)MAC)CQ � f� 1 t` I VN alavj+ NAME �C'_U CSV �O e C)'` nV-)I ADDRESS R-� 2 5 S � yL PROPERTY ID,iE IWVV 2.5 4 11 NAME W2.�1C�J `�- r'1U�- lUf �1�"�k'rCya(j ADDRESSQCcl PROPERTY IDS \Ili,nwesier I V k Q D, NAME W nk 1 �C� LG ADDRESS !S�j PROPERTY ID NAME Q j -C, ADDRESS 3Q.me asIQ PROPERTY IDIQQ� NAME W I _Cl ADDRESS PROPERTY I jDf S3QO NAME S� \ r �Q _,(�, ADDRESS (D W\r&ec,:S�er , V as(Oo4 PROPERTY ID# clir NAME �(- ADDRESS CSO (L PROPERTY ID#5SQ C= 2QQoo1(o v�(i r�Clr�2s-�2�- VIS �l'al(pQ NAME PROPERTY ID# ADDRESS NAME ADDRESS PROPERTY ID # . NAME PROPERTY ID# ADDRESS NAME ADDRESS PROPERTY IDf NAME PROPERTY IDI NAME PROPERTY ID# ADDRESS ADDRESS 12. Additional comments, if any: 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 1\9L�mesbr�e i.-ra�ne. , enc �� aac�o�. Owners' Telephone No. �r� �p> �pVa - 2�A -::� I TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: N L40, - PC REVIEW: 12/01/99 BOS REVIEW: 01/12/00 CONDITIONAL USE PERMIT ##28-99 KENNETH E. HOTTINGER Public Garage without Body Repair LOCATION: This property is located at 1057 Ridings Mill Road. MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER: 92 -A -3B PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) District; Land Use: Residential ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas); Land Use: Residential PROPOSED USE: Public Garage without Body Repair 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: Existing building shall comply with the Virginia Uniform Statewide Building Code and Section 311, Use Group S (Storage) of the BOCA National Building Code. Other codes that apply are CABO Al 17.1-92, Accessible and Usable Buildings and Facilities. Please submit a floor plan at the time of change of use permit application. Question the access to plumbing facilities within 500' of the building. Fire Marshal: Spray booth as required by Chapter 13 of BOCA Fire Prevention Code for application of Flammable Finishes. Flammable liquids storage cabinet as required by Chapter 13 of BOCA Fire Prevention Code section F-1304.7.1. Plan approval is recommended. Kenneth E. Hottinger CUP #28-99 Page 2 November 19, 1999 Health Department: The Frederick County Health Department has no objection to Mr. Hottinger's proposal as long as the business has no employees besides the house occupants. Mr. Hottinger has indicated that he plans to be the sole employee of the business. Planning and Zoning: Public garages without auto body repair are permitted in the RA (Rural Areas) Zoning District with an approved conditional use permit provided that all repair work takes place entirely within an enclosed structure and all exterior storage of parts and equipment is fully screened from the view from surrounding properties. If necessary, such screening should be accomplished through the installation of an opaque fence at least five (S) feet in height. This application was submitted following a site inspection by staffthat revealed the operation of a garage without auto body repair on the subject property without the required CUP. It should be noted that this inspection was initiated by a citizen complaint. The applicant was notified by certified mail that staff had observed violations of the Zoning Ordinance during their inspection ofthe site which could be resolved, in part, through the successful attainment of a CUP. During the site inspection, staff had observed approximately twenty (20) inoperable vehicles on the property. Prior to consideration for the CUP, staff instructed the applicant to remove all unscreened inoperable vehicles from the property. In addition, the applicant was instructed that no more than five screened inoperable vehicles are permitted in the RA Zoning District. Subsequent site inspection by staff revealed that all inoperable vehicles have been removed from the property with the exception of one screened inoperable vehicle. A 1,200 -square -foot garage is currently located on the property and will serve as the location for the garage. This garage is situated approximately 900 feet from Ridings Mill Road and is generally screened from adjoining properties by mature vegetation and trees. All repair activities must occur within the garage. Given the adequate natural screening and assuming compliance with all review agency comments, staff believes that the proposed use could operate on the subject property without significant impact on the surrounding community. Kenneth E. Hottinger CUP #28-99 Page 3 November 19, 1999 STAFF CONCLUSIONS FOR 12-01-99 PLANNING COMMISSION MEETING: Staff recommends approval of this application with the following conditions: 1. All review agency continents and requirements shall be complied with at all times. 2. In accordance with Cottage Occupation sign requirements, signage for the proposed use may not exceed four (4) square feet in area. 3. All repair activities shall occur entirely within an enclosed structure. 4. No more than five (5) vehicles awaiting repair shall be permitted. 5. No more than five (5) inoperable vehicles, as defined by the County Zoning Ordinance, shall be located on the property. 6. No employees other than residents of the household shall be permitted. 7. Hours of operation shall be from 7:00 a.m. to 7:00 p.m. 8. Any expansion of the business shall require a new Conditional Use Permit. 0:\Agendas\COMMENTS\CUP's\1999\KennethHottinger.wpd VauaNw O / o r �•. % f Dynatec Dynatec K6w MM O Haines a 10 o Davey o q o MIDMiOM 4 O CUP #28-99 Kenneth E. Hottinger PIN: 92—A-313 -Lill 11 T31 ill ilE i. �' Produced by Frederick County Planning and Development, 11-16-99 Submittal Deadline �� ( � P/C Meeting C/T BOS Meeting f - z- p0 APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA, 1. Applicant (The applicant if the t/ owner other) F.1,10i�F ADDRESS: /057 k A NGs rri:11 Rd, I►(rcl��Ctnwn� ���• 2211 5 TELEPHONE 5 yO - $ (o q - q � le 5 2. Please list all owners, occupants, or parties in interest of the property: Z4 NNr--1It L- Ho ttI IV e F—Fi-r71 3. The property is located at: (please give exact directions and include the route number of your road or street) 105 -2 --did i to s M,11 k. M4dd le -town VA . — kg- 11's -Lc,� O (&Je.m eh a-rqoi-, 9b-- ap p p c, Ira 4. The property has a road frontage of ,�j(n , j j( feet and a depth of '7�,), (off{ feet and consists of 10 , y acres. (Please be exact) 5. The property is owned by �eE-4- on E N e as evidenced by deed from ; 11;ge,, �VNe 'i'R. «,`�; �, recorded (previous owner) k -c -o in deed book no. '/(@ on page (`�J , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. 14 -Digit Property Identification No. - - /9 -~ 5-8 Magisterial District k -N-1:.. 010-'11 Current Zoning 7. Adjoining Property: USE ZONING North rr East , South} West �a 8. The type of use proposed is (consult with the Planning Dept. before completing) 9. It is proposed that the following buildings will be constructed: `- �Xqg Ui Id,'aa RIQe►4 Jc, on Quo Der'tu 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property where the requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this application: NAME _2(4 r Az ie o e_L , ADDRESS ....jf- -/ PROPERTY ID# 92 OOQO Jg0004()aA NAME C ADDRESS PROPERTY ID# g 0000 R000J00 30 NAME 0,} /'nes ADDRESS %7D PROPERTY ID# 9410000 Jq OdOOp .3L [- nfi D�f�e ��• a ���3 NAME R I cue- e-1) ADDRESS 'd, a PROPERTY ID#_ q�?00001iOyw0,3O 122, -del le- '7LO w r? e L44. NAME ADDRESS !O� �v S e c PROPERTY ID#a00001g0001f0t7 �' � Z Sc hen C�y� Vt4. 2Z(aSrSr NAME1'�Yrr t�p©!+e ADDRESS L/ PROPERTY ID#_q-� 6O Q0 p• 0 0 000 I m d olletjZdnl ,q NAME Ari, `f l J Yl (I�� L r� ADDRESS /V PROPERTY ID# 820000 R 00000 / A IYI �� w� } 04- Int."V PROPERTY IDI ADDRESS No�ry i j ►ai:?s•...R `ANS POWER UN! 0.02_ $ I 'S $ ° 35� 3 a I voY 100+ � � p0 4d5 I ivCo / o V W� N/1 •tJ a W -� �Ol.� O a y w ^ x 1 � f W� I I I I I 1 I 1 .. MN�It'/J"M Rovrc I 709 PLAT of A RJRT/ON OF Me LAS0 0 r Lp _ -�y ' ,d 7/�+ Sr!lARr P. ,/ONES LAND �OPEOUON D/STR/Cr, FR£OER/CX COUNTY V/RO/N/A —(.;tC SLAZZ / ZX' Awu5r9, ls-z PRIA-Ara Sr RTC! max CERTmCATE N0. .� /37 - C 5:•17.3 (4955 ^� 5!-17.3 (D)162 c e a M LA.113 1 � f W� I I I I I 1 I 1 Y" S .. MN�It'/J"M Rovrc I 709 PLAT of A RJRT/ON OF Me LAS0 0 r Lp _ -�y ' ,d 7/�+ Sr!lARr P. ,/ONES LAND �OPEOUON D/STR/Cr, FR£OER/CX COUNTY V/RO/N/A —(.;tC SLAZZ / ZX' Awu5r9, ls-z PRIA-Ara Sr RTC! max / !YI/-�.Y J w✓ /37 - C iciON APPROVED / gAr$UG4!„ L:.;/6 Y" S a 12. Additional comments, if any: C1 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. TO BE COMPLETED BY ZONIWG ADMINISTRATOR: USE CODE: RENEWAL DATE: 1�9 2265 vw� COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/678-0682 MEM014ND UM To: Frederick County Planning Commission. From: Michael T. Ruddy, Zoning Administrator 1_ Subject: Secrist Cul -De -Sac Length Waiver Request Date: November 17, 1999 The Planning Commission has received a waiver request from Mike Artz of Artz & Associates to allow a cul-de-sac to extend beyond the maximum length mandated by the Subdivision Ordinance. The request is to allow a cul-de-sac of 2,200' (north) and 2,500' (south) in length as opposed to the required maximum length of 1,000'. The cul-de-sac is located in a proposed traditional five (5) acre lot subdivision, submitted on behalf of Norman J. Secrist. A copy of the proposed subdivision is included for your information. The Subdivision Ordinance provides the Planning Commission with the ability to waive the 1,000' requirement in cases where extreme topography or other factors make it impractical. In no case shall the street serve more than twenty-five (25) lots. The proposed cul-de-sacs will contain thirteen (13) lots. Recently, the Planning Commission approved a request to permit an increase of 160' in the length of a cul-de-sac which contained eleven (11) lots and a request to permit an increase of 2,900' in the length of a cul-de-sac which contained twenty-five (25) lots. The Planning Commission should determine if they believe the waiver is appropriate in this case. Please contact our department if you need additional information. Enclosure 107 North Kent Street . Winchester-, Virginia 2-1601-5000 Artz * A55oclate5, Inc. 35 West Bcscawen Street Wmche5ter, VA 22601 540-667-3233 540-667-9158 (Fax) Toll free 800-755-7320 mikesrtz@5hentel.net October 27, 1999 Frederick County Department of Planning and Development 107 North Kent Street Winchester, VA 22601 Attention: Mike Ruddy, Zoning Administrator Dear Mr. Ruddy: This letter is on behalf of my client Norman J. Secrist in regards to the proposed subdivision of his land located on Wright's Road (Va. Rte 661). The parcel is designated as Map #23-A-5 and is zoned RA. Mr. Secrist is proposing a 13 lot subdivision with the minimum lot size being five acres. A waiver as described in the Subdivision Ordinance Section 144-17-G-1 is requested to allow the proposed cul-de-sacs to extend to a maximum length of 2500' for the southern cul-de-sac and 2200' for the northern cul-de-sac rather than the 1000' existing limit defined in the ordinance. Due to the lot dimension limitations of the RA zoning district and the configuration of the existing boundary and topography of this site, it is my opinion that a waiver is justified. Please place this item on the agenda for the next Planning Commission meeting. Sincerely, / Michael M. Artz Artz & Associates REGES 23 -A -5J STOPfWA -L V15MC1; I-MMIaCK COUMY, MWINIA GANSE 5C.ALE : I" — 400' t2A*M: OCrOMR 28, 1999: 23 -A -5H GROVE 1�l�CG1, 1.� /�t��, �b r 1�f.5e cN"zR., 23 -A -5K NORMAN J. 5ZCM5r u+a UM FLw � LOT 1 SECRIST 23-A-51. 5 AC. Q SECRIST SYLVAN 23 -A -5K SECRIST 23 -A -5M DAVIS 23-A-50 LOT 13 5 AC. LOT12 5 AC LC 5 KIDWELL -A- ,23 51-1 LOTAH LEIGHT C �o 33-A-4 `'J o�� 1 LOT t LOT 8� 5 AC.` rMLIMINt Y 5M rCH PLAT' Or. SYL VAN 5MI N65 VILA -6e STOPfWA -L V15MC1; I-MMIaCK COUMY, MWINIA 5C.ALE : I" — 400' t2A*M: OCrOMR 28, 1999: arta and Ass7-7 1�l�CG1, 1.� /�t��, �b r 1�f.5e cN"zR., Formerly SDert k A NORMAN J. 5ZCM5r u+a UM FLw TM 423-A-.* Vp 910, ra 303 wu+ 35 "sig 60BCSMM PROJECT 1995255 TEL 540-667-3M FAX 54 TOLL FREE