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HomeMy WebLinkAboutPC 03-17-99 Meeting AgendaAGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia MARCH 17, 1999 7:00 P.M. CALL TO ORDER TAB 1) February 17, 1999 Minutes ........................................... A 2) Application Action Summary .......................................... B 3) Committee Reports .............................................. (no tab) 4) Citizen Comments ......... .......................................(no tab) PUBLIC HEARING 5) Conditional Use Permit #01-99, submitted by David L. Shull, Sr. to operate a public garage with body repair. This property is located at 7317 Northwestern Pike, and is identified with Property Identification Number 27-A-91 in the Back Creek Magisterial District. (Mr. Mohn)....................................................... C 6) Proposed Amendments to Chapter 165, Zoning, Article IV, Supplemental Use Regulations, establishing Section 165-23.F(7); "Protective Entrance Canopies" of the Frederick County Code. This amendment would allow the placement of protective entrance canopies and associated support structures within the front yard setback areas. Uses that might utilize this proposed amendment include funeral homes, schools, churches, day care facilities, and libraries. (Mr. Lawrence) ..................................................... D 2 PUBLIC MEETING 7) Subdivision Application #03-99, Tybrooke, L.C., submitted by Painter -Lewis, P.L.C., for the subdivision of a 4.1277 -acre tract into two lots. The property is located on Front Royal Pike (Rt. 522), one mile north of Winchester Bypass (Route 37), and is identified with Property Identification Number 42-A-253 in the Gainesboro Magisterial District. (Mr. Lawrence) .................................................... E 8) Request for Exemption from the 50 -foot Right -of -Way Requirement of the Subdivision Ordinance [§144-31.C(3)], submitted by Greenway Engineering for Charles Willis. The property is located northeast of the intersection of Redbud Road and Milburn Road, and is identified with Property Identification Number 44-2-28 in the Stonewall Magisterial District. (Mr. Lawrence) .................................................... F 9) Request for Exemption from the Five -acre Minimum Lot Size and the 50 -foot Right - of -Way Requirements of the Subdivision Ordinance [§144-31 and 144-241, submitted by G. W. Clifford & Associates for the Frederick County Sanitation Authority and Fruit Hill Orchards. The property is located southwest of the Route 522 North and Route 37 interchange and will be accessed via a right-of-way at the terminus of Thwaite Lane. The property is further identified with Property Identification Number 42-A-180 in the Gainesboro Magisterial District. (Mr. Lawrence) .................................................... G 10) Planning Commission Retreat Summary (Mr. Lawrence) .................................................... H 11) Other MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on February 17, 1999. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District, Robert A. Morris, Shawnee District; Marjorie H. Copenhaver, Back Creek District; John H. Light, Stonewall District; W. Wayne Miller, Gainesboro District; Terry Stone, Gainesboro District; George L. Romine, Citizen at Large; Robert M. Sager, Board Liaison; Vincent DiBenedetto, Winchester City Liaison; and Jay Cook, Legal Counsel. ABSENT: Roger L. Thomas, Opequon District; Richard C. Ours, Opequon District; John R. Marker, Back Creek District; and S. Blaine Wilson, Shawnee District. STAFF PRESENT: Kris C. Tierney, Planning Director; Evan A. Wyatt, Deputy Planning Director; Eric R. Lawrence, Zoning Administrator; Michael T. Ruddy, Planner II; and Renee' S. Arlotta, Clerk. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. APPLICATIONS ACTION SUMMARY Chairman DeHaven accepted the report for the Commission's information. COMMITTEE REPORTS Comprehensive Plans & Programs Subcommittee (CPPS) Mrs. Copenhaver, subcommittee member, reported that the CPPS will be holding two public meetings on the South Frederick Land Use Study; one on Thursday, March 18, and one on Wednesday, March 31, both at 7:00 p.m., at the Armel School. Frederick County Planning Commission Minutes of February 17, 1999 Page 304 -2 - Historic Resources Advisory Board (HRAB) - 02/16/99 Mtg. Mr. Robert M. Morris, Planning Commission liaison to the HRAB, reported that the HRAB discussed a rezoning request on Tasker Road, which is adjacent to the potentially significant Sherman - Rogers -Sargent house. Mr. Morris said that they also reviewed a proffer revision request for the Wampler property in relation to the L. 0. Dick house. Sanitation Authority (SA) - 02/11/99 Mtg. Mrs. Copenhaver, Planning Commission liaison to the SA, reported that the water tank problem has finally been resolved; the water line from Senseny Road to Route 7 will be finished this month; and the water and sewer to Apple Valley will be finished by June, 1999. Mrs. Copenhaver also reported that three senior students from Sherando High School have undertaken a project with the Sanitation Authority to formulate opinions concerning combining the City and County water systems. PUBLIC MEETING Master Development Plan 9001-99 of Oakdale Crossing II, submitted by G. W. Clifford & Associates, Inc. to develop a 21.49 -acre site for single family detached homes. This property is located on the south side of Senseny Road (Rt. 657), adjacent to the southern limits of the Oakdale Crossing subdivision, and is identified with P.I.N.s 64-A-17 and 64-A-119 in the Shawnee Magisterial District. Action - Recommended Approval Mr. Evan A. Wyatt, Deputy Planning Director, stated that the tract zoned for residential use is approximately 154 acres; however, the request for this master plan is for about a 21'/z -acre phase, which is located in the northwestern portion of the larger tract. He said that the 21'/2 acres is accessible through the existing Oakdale Crossing subdivision, which contains 68 lots; it provides connections through the existing subdivision on Hunters Ridge Road and Fairfield Drive; and all traffic would exit out of Crestleigh Drive onto Senseny Road. Mr. Wyatt stated that the applicant's proposal is for 49 additional lots, with 15,000 square foot minimums, with curb, gutter, and street lights, which is consistent with the development of Oakdale Crossing I. A member of the Commission stated that this land was zoned for residential development back in 1983. Mr. Charles W. Maddox, Jr. with G. W. Clifford & Associates, Inc., the design engineers for the project, stated that this project is consistent with the proper density for this area and is a continuation of existing development. He said that the first phase of Oakdale Crossing is now at build -out and this master Frederick County Planning Commission Minutes of February 17, 1999 Page 305 sm plan is necessary for the addition of 49 lots into the inventory. Mr. Maddox showed slides of the project area. Chairman DeHaven called for public comments, and the following persons came forward to speak: Mrs. Margaret DiPietro, resident at 308 Hunters Ridge Road, was concerned how the additional development would affect local schools, because the schools in the area were already overcrowded and in need of repair. Mrs. DiPietro said that she understood the land has been zoned since 1983, but much has changed since then. Mr. Ron Place, resident at 311 Hunters Ridge Road, asked if a traffic study was done for the proposed project. Mr. Place was concerned about the amount of traffic on a single lane entering Senseny Road, which he believed was difficult to access now, considering the existing traffic congestion. Mr. Vince Chamino, resident at 209 Fairfield Drive, was concerned about increased traffic congestion on Fairfield and Hunters Ridge Roads. Mr. Michael Popp, resident at 100 Fairfield Drive, inquired ifthe homes in the second phase would be under the same restrictions as Phase I. Mr. Popp was also concerned about construction traffic damaging the road and if roads would be resurfaced after all construction was completed. Mr. Maddox came forward again to address the concerns of the citizens. Mr. Maddox said that Oakdale Phase I had 68 units and Phase 11 will have 49; for a total of 117 houses, VDOT uses ten trips per day per house which equates to 1,170 trips per day. He explained that 1,170 trips per day is in the range of a local street to a minor collector; the County Zoning Ordinance also classifies a minor collector as having between 1,000-3,000 trips per day. Mr. Maddox said that this project will produce trips somewhere between a local street and a minor collector and this road is sufficient to meet those conditions. He stated that both connections will be extended to a common, central road that enters onto Senseny Road. Mr. Maddox continued, stating that the same restrictions will apply to Phase II as were applied to Phase I. Concerning the question of resurfacing roads, Mr. Maddox said that this is not a requirement; however, the developer's contractor will need a permit issued from VDOT allowing access to this site and extension of the roads. He said the permit will specify certain things intended to protect the road system; and, if in fact the road is damaged and they are blamed for it, the State will have recourse against the permit holder. A member of the Planning Commission noted that Hunters Ridge Road is already a state - maintained road and if construction vehicles cause damage to it, recourse would be up to the State. The Planning Commission believed that the proposed master plan was consistent with the requirements of the Zoning Ordinance. No outstanding issues of concern were raised. Upon motion made by Mr. Morris and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Master Development Plan 4001-99 of Oakdale Crossing II, submitted by G. W. Clifford & Frederick County Planning Commission Minutes of February 17, 1999 Page 306 -4 - Associates, Inc., to develop a 21.49 -acre site for single-family detached homes contingent upon the applicant's ability to adequately address all comments or concerns of the Planning Commission and the Board of Supervisors, as well as any technical comments of all review agencies. 1999 PRIMARY ROAD IMPROVEMENT PLAN Action - Recommended Approval Mr. Michael T. Ruddy, Planner II, said that the 1999 Primary Road Improvement Plan has been prepared in anticipation ofthe Commonwealth Transportation Board's Pre -allocation Hearing to be held on Friday, March 19, 1999 at the Augusta County Government Center. He said that the Primary Road Plan identifies the County's priorities within the primary road system,. Mr. Ruddy stated that the plan continues to focus upon the completion of the limited access arterial road around the eastern part of the County, Route 37, and improvements to arterial collector roads within the Urban Development Area. He added that the improvements recommended in the plan are consistent with the Winchester Area Transportation Study and the Interstate 81 Improvement Study, and will complete the primary road system necessary to manage the traffic demands in Frederick County and the City of Winchester into the foreseeable future. Mr. Ruddy next reviewed the priorities and additions with the Planning Commission. A member of the Commission inquired if it was possible in this document to express desires for design corridor appearance improvements, for example, underground utilities. The staff believed that the Primary Road Plan was primarily used to identify the nature of the work to be done, without detailing particular aspects of the work proposed. The subject of the Route 669 bridge reconstruction was also raised and whether any preliminary plans had been made. Mr. Jerry Copp, VDOT's resident engineer, said that there were no preliminary plans at this time; however, Staunton District has the interstate widening through Winchester as its second priority. He said that the bridge is also a high priority, based on its present condition along with the traffic it is accommodating today, versus what was planned for it when it was built. A member of the Commission stated that there is the potential for another rezoning for a truck stop in this area and he inquired if this would assist in moving the bridge reconstruction further up on the priority list. Mr. Copp replied that reconstruction may be years down the road; however, he believed that VDOT and the County needed to work together to see what can be accomplished through both land use rezoning, as well as what VDOT is trying to accomplish. He said that the developer would need to provide VDOT with the proposed generated traffic count; VDOT would then require the developer to enhance the system accordingly to meet a level of service that would be appropriate for that location. Mr. Copp said that VDOT would require the developer to make improvements, if their traffic exceeded that level of service. comments. No other issues of concern were raised by the Commission. There were no citizen Upon motion made by Mr. Miller and seconded by Mr. Light, Frederick County Planning Commission Minutes of February 17, 1999 Page 307 -5 - BE IT RESOLVED, That the Frederick County Planning Commission does hereby endorse the 1999 Primary Road Improvement Plan as presented by the Transportation Committee and unanimously recommends approval to the Board of Supervisors. AYLOR ROAD (ROUTE 647) IMPROVEMENT PROJECT - TYPICAL SECTION Action - Recommended approval of Alternative 2 with sidewalks along the eastern side of Aylor Road throughout the project, along the western side of Aylor Road in the vicinity of the Greenbriar Subdivision and the Bass Hoover Elementary School, and along the western side of the relocated section of Aylor Road in the vicinity of the commercial area. Mr. Michael T. Ruddy, Planner II, stated that staff recently attended a VDOT meeting regarding the Aylor Road (Rt. 647) Improvement Project. He said that VDOT asked the County to provide a typical road section and they also asked if it was the County's desire to provide sidewalks and bike lanes in association with the project. Mr. Ruddy said that VDOT has provided three alternatives and, ultimately, will be seeking a recommendation from the Board of Supervisors. Mr. Ruddy reviewed each of the three alternatives with the Commission. Mr. Ruddy said that he met with several parties who may be impacted, such as Bass Hoover Elementary School, the Department of Parks & Recreation, and the Public Works Department. He said that the Bass Hoover School would like to see the provision of sidewalks and bicycle paths and a safe pedestrian crossing in the vicinity of the main entrance to Greenbriar, which is directly opposite the school entrance. Mr. Ruddy stated that the another minor impact would be to a few Little League baseball fields where backstops would have to be relocated to accommodate the curvature of the road; he noted that there appears to be sufficient space to relocate those in the area. Mr. Ruddy stated that the staff is recommending approval of the second alternative forwarded by VDOT, which is the 63' right-of-way which provides for two I F travel lanes, a 12' center turn lane, a 5' bike lane on each side within the pavement, and sidewalk space. Mr. Ruddy said that in addition, staff would recommend as part of the road project, that sidewalks be provided in the following manner: along the eastern side of Aylor Road throughout the project, along the western side of Aylor Road in the vicinity of Greenbriar Subdivision and Bass Hoover Elementary School, and along the western side of the relocated section of Aylor Road in the vicinity of the commercial area. Mr. Jerry Copp, VDOT's resident engineer, came forward to answer a question from the Commission on the proposed timing of the project and how it would relate to the I-81, Tasker Road, and Route 277 projects. Mr. Copp stated that financially, VDOT is looking at a proposed advertising date sometime in the year 2003. Mr. Copp explained that as things stand today, the Route 277 project would be the first, then Aylor, then I-81. Commission members inquired if there was a significant cost difference between the proposed alternatives. Mr. Norman Sparks, also with VDOT, stated that the addition of the two five-foot Frederick County Planning Commission Minutes of February 17, 1999 Page 308 I ms bike lanes will cost approximately $500,000 additional. Commission members believed that improvements to Aylor Road were needed and they were very much in favor of adding the bike paths and sidewalks because of the proximity of the school, the residential subdivision, and the future location of the new library. Upon motion made by Mr. Miller and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the Aylor Road Improvement Project with Alternative 2 as the typical section, consisting of a 63' right-of-way which provides for two I P travel lanes, a 12' center turn lane, a 5' bike lane on each side within the pavement, and sidewalk space; and, as an additional part of the road project, that sidewalks be provided in the following manner: along the eastern side of Aylor Road throughout the project, along the western side of Aylor Road in the vicinity of Greenbriar Subdivision and Bass Hoover Elementary School, and along the western side of the relocated section of Aylor Road in the vicinity of the commercial area. PROPOSED AMENDMENT ESTABLISHING REDUCED FRONT YARD SETBACKS FOR PROTECTIVE ENTRANCE CANOPIES Action - Recommended Approval Mr. Eric R. Lawrence, Zoning Administrator, stated that a request has been received from Mr. Stephen M. Gyurisin with G. W. Clifford & Associates, Inc. to amend the Zoning Ordinance to allow the placement of protective entrance canopies and associated support structures within the front yard setback areas. He said that the Development Review & Regulations Subcommittee (DRRS) reviewed the request and endorsed the proposal as long as the canopy and support structures do not encroach on the front yard setbacks any closer than 20'. Mr. La-vvrence said that this recommendation was based on the fact that some of the main thoroughfares within the County have 35' setback requirements and the DRRS did not want road widening to be obstructed by entrance canopies. There were no particular areas of concern raised by the Commission and they instructed the staff to proceed with advertising the amendment for a public hearing. Frederick County Planning Commission Minutes of February 17, 1999 Page 309 IFFM ADJOURNMENT No further business remained to be discussed and the meeting adjourned at 8:00 p.m. by unanimous vote. Respectfully submitted, Kris C. Tierney, Secretary Charles S. DeHaven, Jr., Chairman Frederick County Planning Commission Minutes of February 17, 1999 Page 310 APPLICATION ACTION SUMMARY (printed March 4, 1999) Application newly submitted. REZONING: Lynnehaven (REZ #007-99) newall Ft—o 8 1. 4 ac. from RA to RP for 203 s. f. homes; 10.0 ac. from RA to B2 for commercial use Location: � West of Beans Pond Ln., 400' from the intersection with Senseny Rd., & adjacent to the Carlisle Heights subdivision Submitted: 02/05/99 PC Review: 03/03/99 - tabled; applicant waived time requirement BOS Review: not yet scheduled Sheppard/ Futral (REZ #006-99) Stonewall 132.70 ac. from RA to RP for 293 single-family homes Location: On Eddy's Ln. (Rt. 820), approx. 0.8 mi. from the intersection with Valley Mill Road Submitted: 02/05/99 PC Review: 03/03/99 - tabled; applicant waived time requirement BOS Review: not yet scheduled Giles Farm (REZ #005-99) Stonewall 140.2 ac. from RA to RP for 350 s. f. homes; 12.0 ac. from RA to B2 for commercial use Location: No. side of Senseny Rd., 850' east of Beans Pond Ln., across from the Burning Knolls & C.M. Lockhart subdivisions, & adj. to the Bedford Village & Apple Ridge subdivisions. Submitted: 02/05/99 PC Review: 03/03/99 - tabled; applicant waived time requirement BOS Review: not yet scheduled AMK Products, Inc. (REZ #004-99) Shawnee 7.354 ac. from RA to MI for industrial/ warehouse use Location: So. side of Airport Rd. (Rt. 645), approx. 300'+ west of the Victory Lane (Rt. 728) intersection Submitted: 02/05/99 PC Review: 03/03/99 - recommended approval with proffers BOS Review: 04/12/99 Aikens & Allen L.P. (REZ #003-99) Stonewall 0.91 ac. from RP to B2 Location: Ross St., 90' from intersection w/ Berryville Pk. (Rt. 7), & near the Rt. 7/ I-81 intersection Submitted: 02/05/99 PC Review: 03/03/99 - recommended approval BOS Review: 04/12/99 Tybrooke, L.C. (REZ 902-99) Stonewall I Rezone 2.99 ac. from RA to B2 Location: E. side of N. Frederick Pk. (Rt. 522); 1 mile N. of Rt. 37 Interchange, adjacent to Ridge Country Store Submitted: 01/22/99 PC Review: 03/03/99 - recommended approval with proffers BOS Review: 04/12/99 K & M Enterprises (REZ #01-99) Stonewall Rezone 0.60 ac. from RP to B2 Location: West side of Martinsburg Pike, across from Brooke Road Submitted: 01/06/99 PC Review: 02/03/99 - recommended approval with proffers BOS Review: 02/24/99 - approved with proffers Applications Action Summary Printed March 4, 1999 MASTER DEVELOPMENT PLANS: Oakdale Crossing II (MDP #01-99) Shawnee 49 single family detached homes on 21.49 ac. (RP) Location: S. side of Senseny Rd. (Rt. 657) adjacent to southern boundary of Oakdale Crossing Submitted: 01/25/99 PC Review: 02/17/99 - recommended approval BOS Review: 03/10/99 Admin. Approved: pending Dawson Industrial Park (MDP #005-98) [Back Creek Office & Industrial Park on 26.4493 ac. (MI) Location: NW quadrant of the Shady Elm Rd. (Rt. 65 1) & Rt. 37 intersection Submitted: 09/25/98 PC Review: 12/02/98 - recommended approval with conditions BOS Review: 01/13/99 - approved with conditions Admin. Approved: 02/23/99 SUBDIVISIONS: Applications Action Summary Printed March 4, 1999 Viola M. Destefano (SUB #010-99) (NO MDP) Shawnee Subd. of one 15,000 sq.ft. lot & one 1 29,789 sq.ft. lot (RP) Location: Intersection of Front Royal Rd. (Rt. 522S) & Bentley Ave. Submitted: 02/10/99 PC Review: 03/03/99 - recommended approval BOS Review: 03/10/99 Subd. Admin. Approved: Pending Fort Collier - Lot 32 (SUB #009-99) Stonewall Subdivision of 1 lot consisting of 4.7374 acres (Ml) Location: Property fronts the northwest corner of the intersection of Brooke Rd. (Rt. 1322) & West Brooke Rd. (Rt. 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 #006-99) Gainesboro 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 MDP #006-93 MDP approved by BOS 07/14/93; MDP admin. approved 07/28/93 Subd. Admin. Approved: Pending Canter Estates - Section I (SUB #005-99) 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 March 4, 1999 JASBO, Inc. (SUB #004-99) NO MDP Back Creek Subd. of 45.6727 ac. into 5 lots with dedicated r -o -w Location: West side of Shady Elm Rd. (Rt. 651), so. of Rt. 37 02/08/ 99 Subinitted: PC Review 03/03/99 - recommended approval BOS Review 03/10/99 Subd. Admin. Approved: Pending Tybrooke, L.C. (SUB #03-99) NO MDP Gainesboro 2 Lots; TI. Acreage 4.1277 (B2 & RA) Location: Front Royal Pk (Rt. 522) at Albin; 1 mile N. of Winch. Bp (Rt. 37) Submitted: 01/22/99 PC Review: 03/17/99 BOS Review: 04/12/99 - tentatively scheduled Subd. Admin. ApprovegL._____Jl pending RT&T Partnership (SUB #02-99) Opequon 1 1 Lot (Lot 16); Tl. Acreage 29.6 (B2) Location: Rt. 11S, no. of Horton Nursery across from Miller Honda Dealer- ship; 1/2 mi. so. of Rt. 37 & Rt. 11S Submitted: 01/22/99 MDP#03-91 (Kernstown Bus. Pk) MDP approved by BOS 07/10/91; MDP admin. approved 09/03/91 Subd. Admin. Approved: Pending Applications Action Summary Printed March 5, 1999 Scully, Ltd. (SUB #01-99) NO MDP Opequon 3 Lots; TI. Acreage 5.8366 (Bl & B2) Location: So. sd. of Fairfax Pk. (Rt. 277), along the east side of Stickley Dr. (Rt. 1085) Submitted: 01/04/99 PC Review: 02/03/99 - recommended approval BOS Review: 02/24/99 - approved Subd. Admin. Approved: 02/25/99 Autumn Glen, Sect. I (SUB 015-98) Opequon 21 lots - duplex & multiplex (52 1 dwellings) on 14.8 ac. (RP) Location: South side of Tasker Rd. (Rt. 642), 0.25 mi. East of Rt. 647 Submitted: 06/30/98 MDP#00498 (Tasker Rd Land Bays) MDP approved by BOS 07/08/98; MDP Pending Admin. Approval Subd. Admin. Approved: [Phase I approved on 11/04/98 for 21 dwellings Briarwood Estates (SUB #01498) FStonewall 1 184 s.f. lots on 55.7887 ac. (RP) Location: East side of Greenwood Rd. (Rt. 656) midway between Senseny Rd. (Rt. 657) & Valley Mill Rd. (Rt. 659) Submitted: 06/29/98 MDP #003-98 MDP approved by BOS 05/27/98; MDP admin. approved 06/29/98 Subd. Admin. Approved: Pending Mark & Rachelle Repine (SUB #00498) NO MDP Shawnee Subdivision of 1.3719 ac. into 3 s.f. I lots (RP) Location: Heritage Hills Subd.; along the eastern portion of Idlewood Drive Submitter]: 01/26/98 PC Review: 02/18/98 - recommended approval BOS Review: 03/11/98 - approved Admin. Approved: Pending Applications Action Summary Printed March 4, 1999 Lenoir City Co. Lot 2; Stonewall Indust. Pk. (SUB #007-97) 1Gainesboro Subdivision of a 2.6584 ac. lot (M1) Location: McGhee Rd. (Rt. 861); approx. 1,000' from Tyson Dr. intersection Submitted: 07/28/97 MDP #006-93 Approved by BOS 07/14/93; Admin. Approved 07/28/93 Subd. Admin. Approved: Pending Dominion Knolls (SUB #005-97)Stonewall Back Creek 75 s.f. zero lot line lots on 20.278 ac. (RP) Location: So.west corner of Baker Ln. (Rt. 1200) & Ft. Collier Rd. (Rt. 1322) Submitted: 05/16/97 MDP #001-97 Approved by BOS 04/09/97; Admin. Approved 06/30/97 Subd. Admin. Approved: Section 1 (25 lots) approved 06/02/98; Sections 2 & 3 Pending 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 Pending 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 plat Applications Action Summary Printed March 4, 1999 Stimpson (SUB) iropequon --FHarry Two B2 Lots Location: Town Run Lane Submitted: 09/23/94 PC Review: 10/19/94 - recommended approval BOS Review: 10/26/94 - approved Pending Admin. Approval: Awaiting signed plat. SITE PLANS: Location: 11 Lenoir Drive, Stonewall Industrial Park Submitted: 11 0303/99 Location: 11 Between I-81 & Rt. 647 at the intersection of Rt. 647 & Rt. 641 Submitted: 11 02/11/99 Applications Action Summary Printed March 4, 1999 8 L.P. Strosnyder, Inc. [Back Creek Office, Service Bays, Warehouse; 2 ac. (SP #004-99) site developed (133) 882 Baker Lane Submitted: Location: Prosperity Drive, Kernstown Business Park Submitted: 02/03/99 Approved: Pending I Monoflo, Inc. (SP #02-99)Stonewall Gainesboro 78,000 sq. ft. addition; 5 ac. developed; (MI) Location: 882 Baker Lane Submitted: 01/15/99 Approved: 1P pending Insulated Building Systems (SP #03-99) Gainesboro Change of use and parking lot modifications; 2 ac. developed; (Ml) Location: 326 McGhee Drive Submitted: 01/15/99 Approved: pending Winchester Countertop (SP #001-99) Stonewall 625 sq. ft. addition; 3.0708 ac. developed; (Ml) Location: 183 Imboden Drive Submitted: 01/04/99 Approved: 03/01/99 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: Pending Applications Action Summary Printed Marcie 4, 1999 VDO-YAZAKI Corp. (SP #072-98) Stonewall 2,160 sf warehouse addition; 0.118 ac. developed on 16.927 ac. site (Ml) Location: Submitted: Approved: 188 Brooke Road 12/07/98 Pending Kraft Foods, Inc. (SP #071-98) Stonewall Parking Lot Expansion; entire one - acre parcel to be developed (Ml) Location: 441 Park Center Drive Submitted: 12/03/98 Approved: Pending J.R.'s Auto Body (SP #070-98) Stonewall 4,000 s.f. bldg. addition; 2.3986 ac. site (B3) Location: Welltown Pike (Rt. 661) Submitted: 11/23/98 Approved: Pending Jones & Frank (SP #064-98) Stonewall Warehouse & office use; 5.0 ac. developed on a 5.0 ac. site (Ml) Location: 150 Fort Collier Road, Fort Collier Industrial Park Submitted: 10/19/98 Approved: Pending Applications Action Summary Printed March 4, 1999 10 God's Glory Land (SP #061-98) [Back Creek Church Retreat; 26.45 ac. to be developed of a 85.7 ac. site (RA) Location: Back Creek Road Submitted: 10/01/98 Approved: Pending World Wide Automotive (SP #062-98) Stonewall industrial/Manufacturing; 12.2 ac. to be developed on a 12.203 ac. site (Ml) Location: Fort Collier Industrial Park; West Brooke Road Submitted: 10/01/98 Approved: Pending Kim Henry Property - Mini Warehouse (SP #057-98) Stonewall 7,504 s.f. warehouse; 4 ac. developed of a 7.74 ac. site (B3) Location: Intersection of Baker Lane & Fort Collier Road Submitted: 08/26/98 Approved: Pending 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 Applications Action Summary Printed March 4, 1999 11 T.P. & Susan Goodman (SP #04498) Stonewall Hackwood/ Minor Site Plan (RA) Location: 534 Redbud Road Submitted: 06/10/98 Approved: Pending Cives Steel Company (SP #042-98) Stonewall Addition of paper storage bldg.; 1,200 s.f. of 18.07 -ac. site (Ml) Location: 210 Cives Lane (behind Shade Equipment Co.) Submitted: 06/17/98 Approved: Pending Southeast Container (SP #001-98) Stonewall District Parking Lot; 0.2 ac. Disturbed on a 89.6 ac. Site (Ml) Location: Ft. Collier Industrial Park Submitted: 01/06/98 Approved: Pending Agape Christian Fellowship Church Sanctuary (SP #005-97) Shawnee Church Expansion; 2.5 ac. to be developed of a 29.5115 ac. site (RA) Location: East side of Rt. 642; approx. 2,500' so. of the Rt. 37/1-81 Interchg. Submitted: 02/12/97 Approved: Pending Applications Action Summary Printed March 4, 1999 12 Shenandoah Bldg. Supply (SP #056-96) [Gainesboro Warehouse on 5 acres (Ml) Location: 195 Lenoir Drive (Stonewall Industrial Park) Submitted: 12/16/96 Approved: Pending Stimpson/Rt. 277 Oil & Lube Service (SP #030-96) Opequon Oil & Lube Serv., Car Wash, Drive - Thru on 2.97 ac. (B2) Location: 152 Fairfax Pk. (behind Red Apple Country Store) Submitted: 07/03/96 Approved: Pending AMOCO/House of Gifts (SP #022-96) [Gainesboro Gas Pump Canopy 880 sq. ft. area of a 0.916 acre parcel (RA) Location: 3548 North Frederick Pike Submitted: 05/08/96 Approved: Pending American Legion Post #021 (SP #018-96) Stonewall Addition to lodge building on 3.4255 acre site (B2) Location: 1730 Berryville Pike Submitted: 04/10/96 Approved: Pending Applications Action Summary Printed March 4, 1999 13 CONDITIONAL USE PERMITS: David L. Shull, Sr. (CUP #O1-99) Back Creek Public Garage w/ body Repair (RA) Location: 7317 Northwestern Pike (Rt. 50) Submitted: 01/25/99 PC Review. 03/17/99 BOS Review: 04/12/99 - tentatively scheduled Applications Action Summary Printed March a, 1999 14 PC RENIIEW: 03/1711919 BOS REVIEW: 04/12/99 CONDITIONAL USE PERMIT #01-99 DKVID L. SHULL, SR. Public Garage with Body Repair LOCATION: This property is located at 7317 Northwestern Pike. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 27-A-91 PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas); Land Use: Residential ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas); Land Use: Residential and Vacant PROPOSED USE: Public Garage with Body Repair 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: Existing building shall comply with the Virginia Uniform Statewide Building Code and Section 311, Use Group S (Storage) of the BOCA National Building Code/1996. Other codes that apply are CABO Al 17.1-92, Accessible and Useable Buildings and Facilities. Please submit a floor plan of existing building showing the areas and their use. A change of use permit shall be issued and inspection performed before a new Certificate of Occupancy can be issued. Fire Marshal: Emergency vehicle access shall be maintained at all times. No application of flammable finishes will be allowed without proper protection. David L. Shull, Sr, CUP #01-99 Page 2 March 3, 1999 Health Department: No increase in sewage disposal from the body shop proposed. The Health Department has no objections to this conditional use permit. Frederick Co. Sanitation Authority: No comment. Planning and Zoning: Public garages with auto body repair are permitted in the RA 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 (5) feet in height. This application was submitted following a site inspection by staff that revealed the operation of a public garage with 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 of the site which could be resolved, in part, through the successful attainment of a CUP. The requested use consists of general automobile repair activities, as well as body repair that occurs within an existing two -car garage attached to the dwelling. Such body repair has been observed to involve the application of paints and finishes. There is very limited natural screening between the subject property and the adjoining parcel in closest proximity to the requested use. Furthermore, during periods of heavy business activity, vehicles awaiting service, as well as automobile parts, have been observed unscreened and visible from Route 50. Therefore, in accordance with applicable Zoning Ordinance standards, the applicant must install an opaque device at least five (5) feet in height to effectively screen such outdoor storage from view from both Route 50 and the adjoining property. Upon installation of the required screening and assuming compliance with all review agency comments, staffbelieves that the proposed use could operate on the subject property without significant impact on the surrounding community. STAFF RECOMMENDATION FOR 03/17/99 PLANNING COMMISSION MEETING: Staff recommends approval of this application with the following conditions: All review agency comments 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. David L. Shull, Sr. CUP #01-99 Page 3 March 3, 1999 3. No more than five (5) inoperable vehicles shall be permitted to be stored on the property at any one time. These inoperable vehicles shall be screened from view from adjoining properties and Route 50. 4. An opaque device at least five (5) feet in height shall be installed to screen all activities associated with the operation of the public garage from view from adjoining properties and Route 50. 5. All repair activities shall occur entirely within an enclosed structure. 6. Any expansion of the business shall require a new Conditional Use Permit. O:\Agendas\COMM EM'S\CUP's\DavidShull.CUP CUP #01-99 PIN. 27-A-91 David L. Shull, Sr. Produced by Frederick County Planning and Development, 02-08-99 jb 4'fJr. J Submittal Deadline P/C Meeting B©S Meeting F #ov- APPLICATION FOR CONDITIONAL USE PEP141T FREDERICK COUNTY, VIRGTN A 1. iicant fT ,e applicant if the o�rner _ other) NAME: ADDRESS: TE. EPHONE 2. Please list all owners, occupants, or parties in interest of` the property: 3. The property is lccated at: (please give exact- directions and include the route number of your road or street) ^ ` �, The propQrty AA^S a road frontage of fee' and a depth of feet and consists of acres. please be exact) by a as The property is owned _ ice, recorded evidenced by deed from � �-�.�.,�._.._..�. s3 �ZS1- � (previous owner) indeed boo,ms on rte 2 , as recorded in the F^'g records or the Cle-rk of the Circuit Court, County of Frederick. 6, i4 --Digit Property Idertif:.ca' ion �;o. � ��� Magisterial District -------- Current Zoning F� 7. Adjoining Property :406 tj �;J "w "t USS ZG IriG �<` 1,4 ortll East West �� 8. The type of use proposed is (consult with the Planning Dept. before completing)_ -__-- 9. It is proposed that the following buildings will constructed: C -Ai- Qr, U'iv,1 r,� Nf\ `O �) Q .rte t ! L 10. The following are all of the individuals, firms, or corporations owning property adjacent to,both skies 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 A C1 , �;.c il PROPERTY ID#� NAME d,4 PROPERTY ID# Z% O(JZ NAME PROPERTY ID#— NAME 1,)F r � `V� PROPERTY ID# ADDRESS tv Z7teO ) :ADDRESS / /? X �/ 7 // ADDRESS !r j -3r vt k°st �t i7i.' ADDRESS Lj ,� 0J -'FC I'JI-I " NAME ��.J L� �E Wil_ ADDRESS PROPERTY ID# ;Z -7 - � � ` �7 (t NAME 1F s(G P�Kf r" S tS t ADDRESS PROPERTY ID# � A- - �' NAME ADDRESS PROPERTY In# NAME PROPERTY ID# ADDRESS �3 ox 7 i 12 - r 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 t1 i application. i understand that the sign issued to me when this application is submitted must be placed at the front property line at least se��en (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public rearing. Your application for a Conditional use Permit authorizes any melrber 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' ?wiling Address owners' Telephone No y 'I'�5 BB �C1+iF�E`i'FD l�'� ZQP;II+TG ADMIY�tI3°i'RATo�t: USE CODE: RENEWAL DATE: N. BOCK 391 F,ku 392 sc a I e. l'- 200-1 nov, 15,1963 Whitacre (lA1 lit) W -SO (7) iL� 1 � (4\ 0) 782 acres. (31 77n7c 0% 12 a S �? COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 5401678-0682 MEMORANDUM TO: Frederick County Planning Commission FROM: Eric R. Lawrence, Zoning Administrato&t_1___ SUBJECT: Public Hearing: Amendment Establishing Reduced Front Yard Setbacks for Protective Entrance Canopies DATE: March 2, 1999 Staff has received a request from Mr. Stephen Gyurisin, G.W. Clifford & Associates, to amend the Zoning Ordinance to allow the placement of protective entrance canopies and associated support structures within the front yard setback areas. In particular, uses that might utilize this proposed amendment include funeral homes, schools, churches, day care facilities, and libraries. Background Currently, canopies associated with retail petroleum pumps are permitted to be located within front yard setbacks. The fuel pumps have a setback requirement of 20 feet; the canopy has a setback of five feet. Parking lot setbacks for most uses are five feet from road right-of-ways. Proposal It is staff's belief that allowing certain uses that utilize canopy structures to encroach front yard setbacks may be appropriate. The typical front yard setback is either 35 or 50 feet from road right-of- ways, depending on the road's classification. Therefore, staff would propose that a canopy setback of 20 feet be considered. This 20 -foot setback would essentially allow for a canopy to cover what would commonly be parking spaces or driveways. The 20 -foot setback would also maintain an area that would be structure -free; future road widening projects would not be complicated by the placement of structures within the areas necessary to expand right-of-ways. Proposed Amendment: _...... . 107 North Kent Street • Winchester, Virginia 22601-5000 Proposed Amendment Page 2 March 2, 1999 The Development Review and Regulations Subcommittee (DRRS) reviewed this request during their January 28, 1999 meeting and they endorsed the proposal. This proposed amendment is presented to the Commission as a public hearing. Staff will be available to address your questions. Thank you. U:\Eric\Conunon\DRRS\canopies.pe.ph.wpd �1L To: Mr. Eric Lawrence, Zoning Administrator From: Stephen M. Gyurisin CC: DR&R Subcommittee ©ata: 01108/99 Ra: Zoning Ordinance Amendment We would ask that the DR&R Subcommittee consider the following change to the zoning ordinance to allow protective entrance canopies to extend into the front setback area along road right-of-ways. Currently such canopies when attached to a structure are part of the structure and must meet the setback requirement of the particular zone, generally either 35 or 50 feet. Gas pump canopies are exempt and may be located within 5 feet of the right -of --way as long as the support columns and pumps are 20 feet from the right-of-way. The following change is suggested: o Page 1 ZONING CHAPTER 155 165-23. SETBACK REQUIREMENTS F. EXTENSION INTO SETBACK YARDS THE FOLLOWING FEATURES MAY EXTEND INTO SETBACK YARDS AS DESCRIBED: 7. Protective entrance canopies and support columns for semi-public or assembly -type buildings such as: funeral homes and churches; and, public buildings such as: schools and libraries which are attached to the primary structure may extend into the front setback area. The primary purpose of the canopy is to provide protection to patrons from the elements of the weather as the patrons enter or exit the structure. Canopy support columns shall be located at least twenty (20) feet from any road right-of-way. Entrance canopies shall be no closer than five (5) feet to the lot line. We are proposing the above ordinance change so that we may provide an entrance canopy for a funeral home. Copies of the current zoning regulations governing these matters are attached for your reference. • Page 2 PC REVIEW: 03-17-99 BOS REVIEW: 04-12-99 Subdivision Application #03-99 TYBROOKE, L.C. LOCATION: The property is located on Front Royal Pike (Route 522) at Albin, one mile north of Winchester Bypass (Route 37). MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 42-A-253 PROPERTY ZONING & PRESENT USE: B2 (Business General) and RA (Rural Areas) District; Land Use: Country Store and Vacant ADJOINING PROPERTY ZONING & USE: RA (Rural Areas) District; Land Use: Agricultural and Residential SUBDIVISION SPECIFICS: Subdivision of a 4.1277 -acre tract into two lots. REVIEW AGENCY COMMENTS: Department of Transportation: No objection to the subdivision of this property. Before development, this office will require a complete set of construction plans for review. Entrances will have to be constructed to VDOT minimum standards to allow for safe egress and ingress of the property. Fire Marshal: Plan approval recommended. Inspections: No comment required at this time. Public Works/Engineering: The subdivision is approved as submitted. This approval is contingent upon the development of on-site stormwater management which will incorporate the existing development. Subdivision #03-99, Tybrooke, L.C. Page 2 March 2, 1999 Health Department: See attached letter from John Dailey, Environmental Health Specialist, dated 2-20-98. Planning and Zoning: Public Meeting Requirement The Subdivision Ordinance requires that land divisions in the B2 (Business General) Zoning Districts, without an approved master development plan, be presented to the Board of Supervisors for final approval. This project is zoned B2 and does not contain an approved MDP; therefore, Board review and action is necessary. Staff Review This parcel presently contains a country store ("Ridge Country Store"); the northern portion of the parcel is vacant. The immediately surrounding properties are dominated by agricultural use, although a historic structure (residence) does exist to the north. The proposed division would establish two lots: (Lot 1) 1.1931 and (Lot 2) 2.9346 acres. The area depicted on the accompanying plat as Lot 1 is presently zoned B2 (Business General); Lot 2 is presently zoned RA (Rural Areas). A rezoning application has been submitted to the County, requesting that the area depicted as Lot 2 be reclassified as B2 (Business General). Prior to approval of this subdivision request, it will be necessary for the parcel to be rezoned to B2, as the applicant has requested in Rezoning Application #02-99. The parcel is located on Route 522 North (North Frederick Pike), west of the Armel community. Based on the location of this parcel, I would encourage the utilization of a shared entrance onto Route 522 North. STAFF RECOMMENDATION FOR 03/17/99 PLANNING COMMISSION MEETING: Staff recommends approval of this subdivision application contingent upon the applicant's satisfying all review agency comments, and receiving approval of Rezoning Application #02-99. 0 \Agendas\COMMENTS\SUBDIVISION\Tybrooke.sub �g , Lord Fairfax Health District 150 Commercial Street ® P. O. Box 2056 da„a; Winchester, Virginia 22604 (540) 722-3470 FAX (540) 722-3475 Counties of. Clarke, Frederick, Page, Shenandoah, Warren, and City of Winchester February 20, 1998 John C. Lewis, PE Painter -Lewis, PLC 302 S. Braddock St., Suite 200 Winchester, Va. 22601 RE: Frederick Co. Tax Map # 42-A-253; Health Dept. ID # 98025205, 98025289. Dear Mr. Lewis: The Frederick Co. Health Department has no objection to the proposed rezoning and subdivision of the above referenced property as described in the attached preliminary plat dated 2/12/98 by Marsh and Legge. The proposed 1.1931 acre parcel has an existing drainfield on the property with a design use of 400 gpd. The water supply for this parcel is a private well. This drainfield was installed in 1987 and currently serves the Ridge Country Store. The system appeared to be functioning properly on 2/20/98. This is no guarantee that the drainfield will continue to perforin satisfactorily. The owner is responsible for any repairs to the system that might be necessary in the future. The proposed 2.9346 acre parcel has an existing drainfield on the property with a design use of 625 gpd. This system was installed in 1994 and has never been used. Care must be taken during any future construction not to disturb the drainfield area. No vehicles should be allowed on the area. Any building foundations must be a minimum of 10 feet from the drainfield and septic tank (20 feet if the building has a basement) and no parking lots can be constructed over the drainfield site. A permit from the health department will be required before the installation of any additional components (sewer line, pump tank, etc.) needed to utilize this existing drainfield. The water supply for the proposed 2.9346 acre parcel will likely be a well. The construction and testing requirements for this well will vary depending on the proposed use of the property. The owner must contact the Frederick Co. Health Department for a permit prior to drilling the well. Depending on the proposed use, the local health department may refer the owner to the department's Office of Water Programs in Lexington. If you have any questions, call me at (540) 722-3480. Since, John Dailey Environmental Health Specialist cc: Chester and Rebecca Renner Rodney Cowley /�vrRcrnria DEPARTMENT OF HEALTH Prate hng You and Your Environment 230-37 2 pts_ ••E IMMORtims, CO' *"- i Edwards Ln. -\/E Rt. 1301 Rt. 1302 Dunbar Ln. Rt. 852 Dunbar St. Hudson/, D 2.30-37 e�:-)) 2 pts. 229-94 301-405 ". " 2 '*' 1 . 6 95 T 91 279 4' �+ , 4 102 251 2 pts. %0 103 ;a 120 19 E. Barnhart lor. Subdivision #03-99 PIN: 42—A-253 Tybrooke, L.C. Produced by Frederick County Planning and Development, 02-09-99 liz126 - 137 239 240 IPA is 107 248 11311427 111 108 247 9 in 109 :Z 246 138 238 241 2 6 C"017 -9 13 0 4 r. ell 0#0" 0. W Cooper 2 3,63 Roodti a°1 141 131 E. ornhort 7 See 2 4-4 233 'k 2 pts. 0- 215-343 133 ru LO See 136 136 M^ Subdivision #03-99 PIN: 42—A-253 Tybrooke, L.C. Produced by Frederick County Planning and Development, 02-09-99 137 239 240 138 238 241 2 6 C"017 -9 13 4 r. ell 0#0" 140 2 3,63 Roodti a°1 141 234 7 See 142 143 233 X47 Ashton Dr. R t. 72 V ;JA ovenner Trailer Par 4f) Subdivision #03-99 PIN: 42—A-253 Tybrooke, L.C. Produced by Frederick County Planning and Development, 02-09-99 APPLICATION AND CHECKLIST SUBDIVISION FREDERICK COUNTY VIRGINIA Date: Application # -03- 130 5 3 Applicant/Agent: P. L • C Address: C). S. fes_ ( -c k a Svi VC uu 1305. 04I -1 n-99 Fee Paid Phone: 54Iu CV(G�)-57-'i 7 - Owners name : Q r Address: e IrJnt►.�S��-w-. �l� zzc� c, Phone : W - -) a- a-- 14 `I 8 -7 -- Please list names of all owners, principals and /or majority stockholders: Contact Person: 1� '� �-'c ::J Phone: 5 4 Q (, to a- 5 J "i -. Name of Subdivision: Number of Lots Total Acreage Property Location: R e�� d c A l b I ^' I N c: 4t - (Give State Rt.#, name, distance and direction from intersection) Magisterial District Property Identification Number (PIN)) q2 -J; 153 0 Property zoning and present use: 15Z F21AI COWk%4A-(Ws[AL1 Adjoining property zoning and use: Has a Master Development Plan been submitted for this project? Yes No X If yes, has the final MDP been approved by the Board of Supervisors? Yes No What was the MDP title? Does the plat contain any changes from the approved MDP? Yes No If yes, specify what changes: Minimum Lot Size (smallest lot) I 114a 51 T^T Number and types of housing units in this development: Number Types 9 F ZZG TID _ 0.0520 ACKE5 �PORTION OF LOT 1 N83 0031'y�r TO BE RAETO BE2FROM LOT 1 1.1931 ACKE5 a k 0. NOTES 1. NO TITLE REPORT FURNISHED. \ 2. EASEMENTS MAY EXIST THAT ARE NOT SHOWN ON THIS PLAT. \ 3. LOTS i AND 2 SHOWN ARE CURRENTLY DESIGNATED AS P.I.N. 42—A-253. H op U S.W. MARSH No. 001843 5UBDIYI510N PLAT OF THE LAND OF TYLWOOKE, L. C. DEED 1300K 887 - PAGE 404 GAINE580R0 MAG15TERIAL DISTRICT FREDERICK COUNTY, VIRGINIA 12 FEBRUARY 1998 SCALE: 1" =100' MARSH & jLd1EGG1E BLARIDGE �Q�r i�4 rbr, Land Surveyors, P.L.C. SURv� ' 139 North Cameron Street Winchester, Virginia 22601 a (540) 667-0468 Far: (340) 667-0469 rol Ar it N6�A0 jY- t 101. LOT 2 2.9346 ACKE5 sh TO BE REZONED FROM RA TO B-2 N F ZZG TID _ 0.0520 ACKE5 �PORTION OF LOT 1 N83 0031'y�r TO BE RAETO BE2FROM LOT 1 1.1931 ACKE5 a k 0. NOTES 1. NO TITLE REPORT FURNISHED. \ 2. EASEMENTS MAY EXIST THAT ARE NOT SHOWN ON THIS PLAT. \ 3. LOTS i AND 2 SHOWN ARE CURRENTLY DESIGNATED AS P.I.N. 42—A-253. H op U S.W. MARSH No. 001843 5UBDIYI510N PLAT OF THE LAND OF TYLWOOKE, L. C. DEED 1300K 887 - PAGE 404 GAINE580R0 MAG15TERIAL DISTRICT FREDERICK COUNTY, VIRGINIA 12 FEBRUARY 1998 SCALE: 1" =100' MARSH & jLd1EGG1E BLARIDGE �Q�r i�4 rbr, Land Surveyors, P.L.C. SURv� ' 139 North Cameron Street Winchester, Virginia 22601 a (540) 667-0468 Far: (340) 667-0469 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/678-0682 MEMORANDUM TO: Planning Commission FROM: Eric & Lawrence, Zoning Administrate SUBJECT: Request for Exemption from the Subdivision Ordinance Requirement, Charles Willis Property DATE: March 1, 1999 Staff has received a request from Mr. Gary Oates, Greenway Engineering, on behalf of Mr. Charles Willis, to gain an exemption to the 50 -foot right-of-way width requirement ofthe Subdivision Ordinance [§ 144-31.C(3)]. The Board of Supervisors may allow for exemptions to the Subdivision Ordinance in cases of unusual situations or when strict adherence to the general regulations would result in substantial injustice or hardship [§144-5]. Mr. Willis owns a 16.725 -acre parcel northeast of the intersection of Redbud Road and Milburn Road [Property Identification Number 44-A-28]. This property is used for agricultural use; no residential structures are presently located on the property. Access to this property is via Marquis Court, a private road with a 20 -foot right-of-way width. The Subdivision Ordinance requires that lots be created with a minimum 50 -foot right-of-way width [§ 144-31. C(3) ]. As access to the parcel in question is via an existing right-of-way across property owned by others, the request asks that the Board of Supervisors exempt this land division from the 50 -foot requirement so that the existing right-of-way may be utilized. Based on the location of this land division and the nature of the surrounding properties, staff feels that a waiver to allow for use of the existing right-of-way is reasonable. Staff is available to address your concerns. ERL/cc Attachments FILE: U.\ErSalCommon\SUBDIVISIWillis.Waiver.WPD 107 North Dent Street • Winchester, Virginia 22601-5000 IS 1 Windy Hill [.ane Windleste., Virginia 226ii2 Founded in 1977 Februa-y 24, 1999 Frederick County Department of Planning and Development 107 North Kent Street Winchester, VA 22601 Attn: Eric Lawrence Dear Sir: I am writing of behalf of my client Charles (Buddy) Willis in regards to the subdivision of his land near Redbud Road. The parcel is identified as 44-A-28 and is zoned RA; furthermore, the parcel has not been subdivided since 1979. In order for this land to be subdivided by the current requirements a waiver must be granted by the Planning Commission and the Board of Supervisors for a right of way that is less than 50' wide. The property is currently accessed by a 20' right of way known as Marquis Court in the County system. I am requesting that this item be entered into the Planning Commission and Board of Supervisors. Thank you, Gary R. Oates Site Planner/ Surveyor CC: Charles Willis Engineers Surveyors Telephone 540-662-4135 FAA 540-722-9520 RECEIVED FEB 2 4 1999 DEPT. OF PLANNING/DEVELOPMENT COUNTY of FREDERICK Department of Planning and Development i 540/665-5651 FAX: 540/678-0682 MEMORANDUM TO: Planning Commission FROM: Eric R. Lawrence, Zoning Administ:rator6�1 SUBJECT: Public Meeting: Request for Variations from the Subdivision Ordinance Requirements DATE: March 3, 1999 a Staff has received a request from Mr. Steve Gyurisin, G.W. Clifford & Associates, to allow for variations from the Subdivision Ordinance. These requested variations are necessary for the Frederick County Sanitation Authority to establish a land parcel for the location of a water tank. The Board of Supervisors may allow for exemptions to the Subdivision Ordinance in cases of unusual situations or when strict adherence to the general regulations would result in substantial injustice or hardship [§144-5]. The site under consideration is zoned RA (Rural Areas), and is located southwest of the Route 522 North and Route 37 interchange (PIN 42-A-180). The site will be accessed via a right-of-way at the terminus of Thwaite Lane. There is a minimum lot size requirement of five acres for land zoned RA [§ 144-24.B and § 144-3 LC]. The Ordinance also requires a minimum right-of-way width of 50 feet [§ 144-31.C(3)] for access to the established land parcel. The Authority requests that these requirements be waived so that a lot 2.5712 acres in size may be established, and be served by a 30 - foot right-of-way. This waiver request is supported by the fact that the created land parcel will be utilized for the placement of a water storage tank; such a facility requires minimal traffic and maintenance. Mr. Gyurisin's letter of request is attached. Staff is available to address your concerns. ERL/cc Attachment U:\Eric\Common\SUBDIVIS\WaterTankSite.Waiver.wpd 107 North tient Street 0 Winchester, Virginia 22601-5000 gilbert w. clifford & associates, inc INCORPORATED 1972 Engineers — Surveyors — Land Planners — Water Quality 2 March 1999 Mr. Eric Lawrence Zoning Administrator Frederick County Planning Department 107 N. Kent Street Winchester, Virginia 22601 RE: Variation or Exception to the Provisions of Chapter 144, Subdivision of Lane, Code of Frederick County Pin: 42-A-180 Dear Eric: Please find enclosed six (6) original plats for your signature and approval. Board of Directors: President: Thomas J. O'Toole. P.E. Vire Presidents: Charles E. Maddox, Jr., P.E. Earl R. Sutherland, P.E. Ronald A. Mislowsky, P.E. David J. Saunders, P.E. Directors: P. Duane Brown, L.S. William L. Wright Michael A. Hammer Thomas W. Price As provided in Section 144-5 of the Frederick County Subdivision Ordinance it is requested that a variation or exception be granted to allow the subdivision of the 2.5712 acre lot with a 30 ft. ingress/egress easement as -'gown on the attached plats dated February 24, 1999 and prepared by Marsh & Legge Land Surveyors, P.L.C. Your cooperation in having this placed on the Board of Supervisors agenda for action in March 1999 is greatly appreciated. If this time frame cannot be met please notify me immediately. Sincerely, gilbert w. clifford & associates, inc. Gyurisin Enclosure cc: Mr. Wellington Jones, P.E., Frederick County Sanitation Authority Mr. Chuck Maddox, Jr. P.E., VP, Gilbert W. Clifford & Associates, Inc. Mr. John Riley, Frederick County Administrator RECEIVED MAR 0 2 1999 DEPT, OF PLANNING/DEVELOPMENT 200 North Cameron Street, Winchester, Virginia 22601 04000% (540) 667-2139 Fax (540) 665-0493 e-mail gwcliff@mnsinc.com Member American Consulting Engineers Council IlkpVl Pie :VI II it /�� � - V .\\C \�11 I I� � r„ _'u1y�15c all � •i: _0 .•U%IT2'1Lg 'dl W it �I alane Ch iX ?J/ VICINITY MAP r , 1"-2000'\ APPROVED BY PLANNING COMMISSION DATE BOARD OF SUPERVISORS DATE OWNER'S CONSENT THE ABOVE AND FOREGOING SUBDIVISION OF THE LAND OF FRUIT HILL ORCHARD, INC., AS APPEARS IN THE ACCOMPANYING PLAT, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IF ANY. NOTARY PUBLIC I, , A NOTARY PUBLIC IN AND FOR THE STATE OF AT LARGE, DO CERTIFY THAT WHOSE NAME IS SIGNED TO THE FOREGOING OWNER'S CONSENT, HAS ACKNOWLEDGED THE SAME BEFORE ME IN MY STATE. GIVEN UNDER MY HAND THIS DAY OF 19— MY COMMISSION EXPIRES 5URVEYOR'5 CERTIFICATE I HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS SUBDIVISION IS A PORTION OF THE LAND DESIGNATED AS PROPERTY IDENTIFICATION NUMBER 42—A-180 WHICH WAS CONVEYED TO FRUIT HILL ORCHARD, INC. BY DEED DATED 21 JUNE 1976 AND RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF FREDERICK COUNTY, VIRGINIA IN DEED BOOK 459 AT PAGE 844. DOUGLAS LEG E, L.S. VA. REG. o. 001197 P.I.N. 42—A-180 ZONED: RA USE: ORCHARD & AGRICULTURAL DATE: FEBRUARY 24, 1999 DWG. # PWL-7 SHEET 1 OF 2 rSNLTH pFFPlat Showing Subdivision r�C11 of a Portion of the Land of I FRUIT HILL ORCHARD, INC. ` S6. Galne5boro Magisterial Plotrict Nou LBtE J Frederick County, Vrginia o �-1 4 MARSH & LEGGE Land Surveyors, P.L.C. SURv 560 North LoudounStreet Winchester, Virginia 22601 (540) 667-0468 Fax: (540) 667-0469 LOT 15 I 1 LOT 14 , N I I ca inI J \ ALBIN ACRES\ SECTION II X111 \\ / NI � 'D t I co wi i y TI i ZI 1 \ I I I FRUIT HILL ORCHARD, INC. I ( 30' INGRESSJEGRESS, UT1t.tiY & 53-A-2 /PERMANENTWATER FA5EMENT �N FRUIT HILL ORCHARD, INC. \ \ \ N 20^41-a'N D6 459 PG 844 \ 553z SEE PLAT FCSA-AD PIN 42-A-180 \ `pry FOR EASEMENT AREA REMAINING 1N PARENT TRACT \ g?A \ 105.26 ACRES 13Y SUBTRACTION Z5712 ACRES NOTES: \\�\ 1. NO TITLE REPORT FURNISHED. \ / g�200c 5 p o \ 2. EASEMENTS MAY EXIST THAT ARE NOT SHOWN. 90' 3. PROPERTY LINES SHOWN ARE BASED ON 9�0 DEEDS AND PLATS OF RECORD. n Plat Showing 5ubdiviolon ©0110BAMMUM,� of a Portion of the Land of FRUIT HILL ORCHARD, INC. G� Gaine5boro Magisterial District c Frederick County, Y(rginla SHEET 2 OF 2 Uoucv,s L� No. 0C. SCALE: 1" = 100' DATE: FEBRUARY 24, 1999 DWG. # PWL-7 �qO� MARSH & LEGGE Land Surveyors, P.L.C. BOOM ff MUM Plat Showing 5ubdiviolon TH O� of a Portion of the Land of FRUIT HILL ORCHARD, INC. G� Gaine5boro Magisterial District c Frederick County, Y(rginla SHEET 2 OF 2 Uoucv,s L� No. 0C. SCALE: 1" = 100' DATE: FEBRUARY 24, 1999 DWG. # PWL-7 �qO� MARSH & LEGGE Land Surveyors, P.L.C. 560 North Loudoun Street Winchester, Virginia 22601 (540) 667-0468 Fax: (540) 667-0469 COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/678-0682 MEMORANDUM TO: Planning Commission FROM: Eric R. Lawrence, Zoning Administratotl- S U BJ ECT: Summary: Planning Commission Retreat DATE: March 3, 1999 Once again, the Annual Planning Commission Retreat on February 6, 1999, was a day full of thought- provoking presentations followed by productive discussions. These discussions are important for the Commission and the Board, and especially for staff as we gain guidance in preparing a work program for the year. Thank you for participating in these retreats. During the retreat, a number of issues were raised and followed by intense discussion. Two of these issues, residential development in the RA zoning district and road improvement project prioritization, raised serious concern about the future of our County. Residential development in the RA Zoning District accounts for approximately 1/3 of the new houses built in 1998; i.e., one in every three new homes are built outside of the Urban Development Area (UDA). This development is devouring our rural countryside and agricultural land. Based on the discussions, staff will review existing policies and ordinance requirements for subdividing land in the RA District. As growth continues in the County, the existing roads become congested and in need of repairs, and the demand for new road networks is realized. The process by which the County evaluates and prioritizes the road projects and manages the improvements should be closely linked to commercial, industrial, and residential development proposals. In 1999, staffwill review and revise, as appropriate, the County's existing procedures and policies concerning road improvement projects. It is necessary to link new construction to a healthy road network. Attached is the 1999 Priority Planning Projects list that the Planning Department will undertake in 1999. Please contact staff with any questions. Thank you. En/cc Attachment U:1EriclCommon\99letter\PC.RetreatSummary.020699.wpd 107 North Kent Street 9 Winchester, Virginia 22601-5000 1999 Priority Planning Projects - Results (Modified) - In an effort to assist the Planning Department with the preparation of our 1999 work program, we asked members of the Planning Commission and Board of fi�ipercncnrg t^ rev.e::'the 11St be�o'.' and rank the projects 1 through 18 in order of their relative importance ("1" being most important). Below are the results from this survey. Rank Project Titie 1 Paying for Growth - lobbying efforts for impact fees, transfer tax, adequate - public facilities ordinances - ongoing 2 Design and Construction of Warrior Road from Route 277 to Tasker Road - ongoing 3 Eastern Road Plan Update to Conform to WATS - manageable in 1999 4 Zoning and Subdivision Ordinance Updates - Rural Areas Issues - Major project for 1999, likely to run into 2000 5 Major Road Improvement Projects Prioritization - manageable in 1999 6 Land Use Study: Route 11 North, Clearbrook to WVA line -Major project, not likely prior to 2000 7 Long -Range Planning / Future Expansion of the UDA/SWSA 8 Battlefield Preservation - ongoing 9 Land Use Study: Rural Community Centers 10 Encourage the Donation of Open Space Easements 11 Wireless Communication Tower Regulations 12 Affordable Housing 13 Hog Farm Update 14 Institute 15.2-2232 review of public improvement projects as required by code 15 Define Requirements for `Minor' Site Plan Application 16 Intermodal Transportation 17 Review and Revise Application Packages and Procedures 18 Census Preparation and Future Demographic Work Project Descriptions 1999 Planning Projects Priori 1 Paying for Growth - Review and pursue opportunities that would assist the county in maintaining a low tax rate, manageable growth rate, and broad tax base. Encourage and support efforts legalizing (at the state level) impact fees, transfer taxes, and/or adequate facilities plans. 2 Design and Construction of Warrior Road from Route 277 to Tasker Road - Continue to work towards the completion of the Warrior Road project. 3 Eastern Road Plan Update to Conform to WATS - Review and revise appropriately the Eastern Road Plan so that it conforms to the recently approved Winchester Area Transportation Study (WATS). 4 Zoning and Subdivision Ordinance Updates - The core zoning and subdivision ordinances were adopted in 1990 and 1991 respectively. It is important to review these ordinances and update them to reflect current community goals. Ordinance areas to be considered include existing land use buffer and screening, design standards, and the preservation of rural area land. 5 Major Road Improvement Project Prioritization - Comprehensive review of major secondary road improvement projects to determine if priorities are consistent with level of service deficiencies created by increased travel demands. Potentially establish a rating system for new project requests. 6 Land Use Study: Route 11 North, Clearbrook to WVA line - Conduct a land use study for the northeastern part of the county. This study would address the land area located north of Clearbrook (from Clearbrook to the West Virginia State Line). Presently there are no adopted land use plans for this area of the county. With the recent opening of the Flying "F' facility north of Clearbrook, and the relocation of Ziegler Mechanical to this area, it is anticipated that additional development pressures will be soon to follow. 7 Long -Range Planning / Future Expansion of the UDA/SWSA - Review the land available in the UDA and SWSA, and determine if additional land should be placed within these boundaries in order to maintain a land base that is affordable for development. Additionally, establish a policy to address the timing of growth, i.e., should the County expand the UDA and rezone property if infrastructure is unavailable? Consider growth rates and project 10-, 20 -years into the future; what do we envision the county to look like? Are we comfortable with our future? Update the Comprehensive Policy Plan to reflect the results of the UDA/SWSA expansion study. 8 Battlefield Preservation - Continue to promote and support battlefield preservation through the implementation of the Battlefield Network Plan Action Program. Coordinate with local and regional efforts (Kernstown Battlefield Association, Cedar Creek Battlefield Association, Shenandoah Valley National Historic Commission, etc) in an effort to implement a tourism effort to promote the area while generating a source of revenue. 9 Land Use Study: Rural Community Centers - Begin to conduct land use studies for each of the identified Rural Community Centers (RCC) within the County. These plans would be important tools for guiding growth within the RCC. 10 Encourage the Donation of Open Space Easements - Promote land and open space preservation through the donation of easements to non-profit organizations. This action will preserve open space throughout the county, and compensate property owners through state and federal tax deductions. An educational component would be included to educate property owners of the benefits incurred by the property owner and the community. 11 Wireless Telecommunication Tower Regulations - In 1997 and 1998, the County adopted and subsequently amended, respectively, revisions to the Commercial Telecommunication Facilities ordinance. As the telecommunication industry continues to thrive and demand additional sites for towers, local governments around the country have developed more through approaches at regulating the locating and appearance of the towers. It may be desirable for the county to review the new technologies and local government's responses, and amend the ordinance to better protect the community from the unsightly placement of the towers. One aspect of recent local government regulation is the tree -top ordinance; simply put: tower height cannot exceed tree heights of the immediately surrounding area. 12 Affordable Housing - Research ways to make the construction of affordable housing more attractive to the development community. This research would include a review of the existing ordinance language to determine if ordinance regulations discourage the construction of affordable housing. Modify the ordinance as appropriate to simplify affordable housing construction. 13 Hog Farm Update - Review and amend the hog farm portion of the ordinance as necessary. Compare our ordinance to that of other counties and the Virginia Association of Counties' (VACo) model ordinance [adopted by VACO in 1997]. 14 Institute 15.2-2232 review of public improvement projects as required by the Code of Virginia - Establish procedures for Planning Commission review of public facility projects to ensure that they are in substantial conformance with the Comprehensive Policy Plan. 15 Define Requirements for `Minor' Site Plan Application - Review existing site plan requirements and establish a procedure for `minor' site plans. Such a procedure would minimize the information and process necessary for small commercial and industrial additions. The "minor' site plan would also apply to most Cottage Occupation Conditional Use Permits granted in the RA district. 16 Intermodal Transportation - Utilizing community forums, determine the intermodal transportation elements the county should plan for the future. Results from the forum may lead to the creation of a `Bikeway Plan' and a `Sidewalk Plan'. Both documents would be included in the County's Comprehensive Policy Plan. 17 Review and Revise Application Packages and Procedures - Review the development review applications and procedures. Revise as necessary to make the process more user friendly. Possibly revise the CUP process to allow for additional assistance from staff for the coordination of application reviews. U:\Eric\Common\RETREAT\retreat99.priority.survey.results2.wpd