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HomeMy WebLinkAboutPC 04-03-02 Meeting AgendaAGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia APRIL 3, 2002 7:00 P.M. CALL TO ORDER TAB 1) February 6, 2002 and February 20, 2002 Minutes ............................. (A) 2) Committee Reports ................................................ (no tab) 3) Citizen Comments ................................................. (no tab) PUBLIC HEARING 4) Conditional Use Permit #06-02 of Floyd L. Lee for a restaurant, "Our Little Diner." This property is located at 3131 Front Royal Pike and is identified with Property Identification Number 87-A-66 in the Shawnee Magisterial District. (Ms. Ragsdale) ........................................................ (B) 5) Conditional Use Permit #07-02 of Charles G. Lloyd for a Cottage Occupation for custom furniture and repair. This property is located at 240 Gough Road and is identified with Property Identification Number 60 -A -40B in the Back Creek Magisterial District. (Ms. Ragsdale)........................................................(C) 6) Conditional Use Permit #08-02 of Kim A. Nail for an expansion of Conditional Use Permit #001-92, Nail's Archery Shop, to include an outdoor archery range. This property is located at 307 Whitetail Lane and is identified with Property Identification Number 19 -A -27A in the Gainesboro Magisterial District. (Ms. Ragsdale) ........................................................ (D) 7) Request to Expand the Sewer and Water Service Area (SWSA) to incorporate a 57.87 - acre site owned by Kathryn M. Perry and identified with P.I.N. 64-A-116, zoned B2 (Business General) District. This property is located on Millwood Pike (Route 50E), north of the Westview Business Center, in the Shawnee Magisterial District. A small portion of the property is currently in the SWSA. (Mr. Lawrence) .......................................................(E) PUBLIC MEETING 8) Waiver Request of Glen W. Russell, submitted by Mr. Edwin Yost, for an exception to the Frederick County Subdivision Ordinance, Chapter 144-17G(1) regarding cul-de-sac length requirements. The property is identified with Property Identification Number 43-A-16 in the Stonewall Magisterial District. (Mr. Davenport) ........................................., ............ M 9) Other • i 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 6, 2002. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; Charles E. Triplett, Gainesboro District; George J. Kriz, Gainesboro District; Richard C. Ours, Opequon District; Greg L. Unger, Back Creek District; Cordell Watt, Back Creek District; Robert A. Morris, Shawnee District; John H. Light, Stonewall District; Gene E. Fisher, Citizen at Large; William C. Rosenberry, Shawnee District; Pat Gochenour, Red Bud District; Marie F. Straub, Red Bud District; Sidney A. Reyes, Board Liaison; and Jay Cook, Legal Counsel. ABSENT: Roger L. Thomas, Vice Chairman/ Opequon District; and Vincent DiBenedetto, Winchester City Liaison. STAFF PRESENT: Evan A. Wyatt, Planning Director; Eric R. Lawrence, Deputy Planning Director; Jeremy F. Camp, Planner II; Abbe S. Kennedy, Senior Planner; and Renee' S. Arlotta, Clerk. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. INTRODUCTION OF PAT GOCHENOUR AND MARIE STRAUB NEWLY APPOINTED COMMISSIONERS TO THE RED BUD DISTRICT On behalf of the entire Planning Commission, Chairman DeHaven welcomed the two newly appointed Planning Commissioners representing the Red Bud District, Ms. Pat Gochenour and Ms. Marie Straub. MEETING MINUTES - DECEMBER 19, 2001 Upon motion made by Mr. Kriz and seconded by Mr. Triplett, the minutes of December 19, 2001 were unanimously approved as presented. Frederick County Planning Commission Minutes of February 6, 2002 Page 798 -2 - PUBLIC HEARINGS 2002-2003 Capital Improvements Plan (CIP). The CIP is a prioritized list of projects requested by numerous County agencies, to be reviewed for potential allocation in the ensuing five-year period. The plan is created as an informational document to assist in the development of the County's annual budget. The CIP is an advisory document; projects are not necessarily funded because of their inclusion in the CIP,. Action - Recommended Approval Deputy Planning Director, Eric R. Lawrence, stated that the proposed 2002-2003 Capital Improvements Plan (CIP) was brought to the Planning Commission and the Board of Supervisors last month as a discussion item, and both the Commission and Board instructed the staff to proceed with advertisement for a public hearing. Deputy Director Lawrence briefly reviewed the plan and some of the highlights of his review included: the CIP includes 28 projects; total capital costs are $165.2 million, including $67.9 million estimated project costs and $55.5 million estimated debt service over the next five years; new project requests include: a new western county library; a parking lot expansion and sidewalk extension for the Bowman Library; the relocation of Round Hill Fire and Rescue; and the construction of a new fire station on Fairfax Pike, within a County Administration annex. He added that the top five projects of the CIP include the Millbrook High School, the James Wood Middle School Renovations, the Public Safety Center, the fourth middle school construction; and the Airport Road relocation construction. There were no public comments. No issues of concern were raised and the Commission believed a recommendation of approval was appropriate. Upon motion made by Commissioner Ours and seconded by Commissioner Kriz, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend to the Board of Supervisors the adoption of the 2002-2003 Capital Improvements Plan for Frederick County as presented by the Comprehensive Plans and Programs Subcommittee. Rezoning Application #07-01 of Rutherford's Farm Industrial Park, submitted by Greenway Engineering, to rezone 5.1 acres of RP (Residential Performance) and 149.3 acres of RA (Rural Areas) to 116.7 acres of MI (Light Industrial); 23.2 acres of B2 (Business General); and 14.5 acres of B3 (Industrial Transition). This property is bounded by I-81 on the west and Martinsburg Pike on the east and south; it is identified with P.I.N.s 43-A-96; 43-A-97; 43-A-98; 43/-A-99; 43-A-100; and 43-A-111 in the Stonewall Magisterial District. Action - Recommended Approval Frederick County Planning Commission Minutes of February 6, 2002 Page 799 -3 - Chairman DcHaven announced that as an adjoining property owner, he was going to abstain from discussion and voting on this item, due to a possible conflict of interest. Commissioner Light said that he also was going to abstain from discussion and voting on this item, due to a possible conflict of interest. Chairman DeHaven pointed out that since Vice Chairman Thomas was not present, he would entertain a motion to elect Commissioner Morris as the temporary chairman to handle the upcoming item. A motion was made by Commissioner Kriz, seconded by Commissioner Ours, and unanimously passed to have Commissioner Morris act as the temporary chairman on this application. Deputy Planning Director, Eric R. Lawrence, stated that the Planning Commission reviewed this rezoning application at their meeting of November 7, 2001, at which time the Commission tabled the rezoning because significant transportation issues were a concern. Deputy Director Lawrence said that the applicant has since submitted a revised transportation impact analysis and a revised proffer statement that addresses the concerns of both the Planning Staff and VDOT. He stated that the revised proffered conditions provide for the installation of a traffic signal at the southbound ramp for I-81; a more defined time frame as to when the traffic improvements would be completed; and right-of-way dedication along I-81 to accommodate the planned I-81 improvement project. He said that the Planning Staff and VDOT are comfortable with what has been done by the applicant and believe that the proposal will mitigate the traffic impacts in this area. Commissioner Rosenberry inquired if and when the Board of Supervisors extended the Sewer and Water Service Area (SWSA) to this property. Deputy Director Lawrence noted that when the Urban Development Area (UDA) was established with the SWSA in the late 1980's, this particular site was included in the initial SWSA of the County. In addition, he said that when the Route 11 North Study was undertaken in 1996, that plan reaffirmed that this area was within the SWSA; most recently, the Northeast Land Use Plan, adopted last year, along with the Comprehensive Plan Update in 2000, included this property within the SWSA. Commissioner Gochenour was concerned about the source of water for the proposed development; she was not certain that a viable water source existed for the proposed development. She was also concerned that the property was in a karst area with sink holes and limestone out-croppings. Commissioner Gochenour did not believe this area was appropriate for the the construction of parking lots, buildings, and roads. Commissioner Rosenberry shared Commissioner Gochenour's concern for the water situation. Mr. Homer Coffman, Assistant Resident Engineer with VDOT at Edinburg, came forward to provide additional comments relative to the interchange in the Rt. 11 corridor immediately south of the Rutherford Project. Regarding signalization, he said that a VDOT engineer is working on the Crown, Cork, & Seal signal, the Welltown Road signal, the northbound off -ramp signal; and has tied -in the Park Center Drive signal. Specifically, Mr. Coffinan said a master device has been installed to control all four signals and VDOT will continue to monitor those and make adjustments, which involve increased greens for left-hand turn lanes and a "permissive left" for the Park Center Drive signal. Regarding the northbound and southbound off -ramps, Mr. Coffman said they are aware that the applicant's traffic impact analysis shows a Level of Service (LOS) "F" during peak hours in the evening and they are attempting to improve that through signalization. He said they are also pursuing other investigations for improvement methods, possibly improved lane markings or increased stacking in left-hand turn lanes. Finally, with regards to I-81 widening, Mr. Coffman said that VDOT does not have any firm I-81 plans in -hand detailing what and how it is to be widened, nor do they have Frederick County Planning Commission Minutes of February 6, 2002 Page 800 -4- a definite time frame. Chairman Morris inquired what was proposed for southbound 81 from Rt. 11, in regards to this particular application. Mr. Coffinan said the applicant has proffered to Frederick County the installation of a signal at the intersection of the southbound off -ramp which will incorporate the movement on southbound 81. He said the signal is to be installed "when warranted" by VDOT and is not tied to a specific number. Mr. Mark Smith of Greenway Engineering, representing the Rutherford's Farm Industrial Park rezoning application, spoke briefly about the inclusion of a lighting proffer and their attempts to work in as many comments from the adjacent property owners as they could. Mr. Smith pointed out the various proposed zoning designations on a map of the site and also pointed out a graphic of the type of road improvements proposed. Mr. Smith estimated approximately $1.2 - $1.5 million in road improvements are proposed; he said that when the first site plan comes in, a warrant analysis will be submitted to Frederick County and VDOT and if improvements are needed to maintain a LOS "C," those improvements will go in with that plan. He stated, however, that when the second site plan is submitted, all the improvements will be bonded and completed. Chairman Morris called for public comments and the following persons came forward to speak Mr. Mike Weber, a resident of Stonewall District, stated that his business, Weber's Nursery, was located across the road from the proposed development. Mr. Weber inquired if it was possible for the proposed development's traffic to enter and exit from the rear of the property to Rt. 37. He believed 50% of the traffic congestion on Rt. 11 could be alleviated, if this was possible. Mr. Weber elaborated on the severe traffic problems in this area that needed to be rectified. He was also concerned about contamination of the ground water supply because of the karst topography on this site. Mr. James D. Stillwell, a resident of Stephenson and President of the Wine -Stillwell Corporation, stated that he spoke before the Commission at their November 7, 2001 meeting regarding design standards and master planning for this property. Mr. Stillwell followed his comments up with a letter, which he submitted to the Commission, and asked that it also be forwarded to the Board of Supervisors. He said that he met with Mr. Smith and the developer to discuss the rezoning and he was in favor of the rezoning with caveats: architectural and landscaping design standards needed to be established; efforts needed to be made towards improvement of the visual image approaching the City of Winchester; and buffer protection was needed for the back sides ofthe adjacent residential properties. Mr. Stillwell also preferred to see a master plan for the entire area, including the adjoining Carroll and Zuckerman properties, submitted up front, which included traffic flow patterns. In conclusion, Mr. Stillwell asked the Board of Supervisors and the Planning Commission to establish guidelines for visual beautification and better planning. Mrs. Pam Kennedy, a resident of Gainesboro District, was also concerned about water availability, traffic congestion, and the maintenance of the quality of life in the County. Mrs. Kennedy believed there was a point when there was too much development and this particular area was already over -saturated; she did not believe the solution was to add additional lanes or accesses on the interstate. Mrs. Kennedy believed that the Commission should know at the time of rezoning, what type of businesses will be established and their water requirements. She questioned whether the Sanitation Authority was the best place to seek information on water issues. Frederick County Planning Commission Minutes of February 6, 2002 Page 801 -5 - Mr. David Darcey, a resident of Stonewall District, believed this was one of the better sites in the Northeast Land Use Plan for development, however, he believed there were severe transportation problems and water issues that needed to be addressed. Mr. Darcey was concerned that this was just the beginning of the future development of this area. He wanted the Board of Supervisors and the Planning Commission to go back and re-examine the Comprehensive Policy Plan and the Northeast Land Use Plan. Mr. Kevin Kennedy, a resident of Gainesboro District, agreed with Mr. Darcey that the property seemed to be an ideal location for industrial or business growth; however, he believed it needed better planning and it needed to be incorporated into an overall master plan for the whole area. Mr. Kennedy believed the water issues, traffic concerns, and aesthetics were all excellent points to be considered. Mr. R. J. Turner, the broker for the property owners, the Duncans, recalled that everyone applauded the recent Kraft Foods expansion and he said it will probably use more water than any conceivable user on the Duncan tract. In addition, Mr. Turner gave the following facts: this site is rail -served with 54 acres on the west and 50 acres on the east; this site has the shortest distance from an interchange than any other commercial/ industrial site, which will disrupt the least number of residential people; the land is flat; pre -zoned sites are necessary to attract business; there are no other industrial sites in Frederick County larger than this, there are 55 acres in Fort Collier and about 150 acres in Stonewall, however, they are not rail -served; and finally, every railroad car is the equivalent of eight trucks for in -and -out delivery. Mr. Turner asked the Commission to take this information into consideration. Commissioner Fisher spoke about the industrial needs of the area and the lack of available suitable sites; he believed it was an issue as far as the County's tax base was concerned. He pointed out the County's continued residential growth that will need to be supported in some form. He stated that existing properly -zoned and suitable sites are essential to attract business and industrial prospects. Commissioner Fisher pointed out that with recent changes in technologies, some industrial processes may not be as detrimental as they were once thought to be and the County needs to be open to the possibilities. Commissioner Fisher believed that one of the things that Frederick County has had going for it in the past is its diversity of industry. He commented that because of sites similar to this one, Frederick County has a variety of industry and business that allows our economy to continue to thrive. He believed the need for this property to be rezoned to an industrial use overweighs his concerns with the other issues. Other Commissioners agreed with Commissioner Fisher's comments. Commission members also appreciated Mr. Stillwell's comments about the need to establish design standards for future industrial sites. Upon motion made by Commissioner Unger and seconded by Commissioner Fisher, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval, by a majority vote, of Rezoning Application #07-01 of Rutherford's Farm Industrial Park, submitted by Greenway Engineering, to rezone 5.1 acres of RP (Residential Performance) and 149.3 acres of RA (Rural Areas) to 116.7 acres of M 1 (Light Industrial); 23.2 acres of B2 (Business General); and 14.5 acres of B3 (Industrial Transition); this property is identified with P.LN.s 43-A-96; 43-A-97; 43-A-98; 43-A-99; 43-A-100; and 43-A- 111 in the Stonewall Magisterial District. Frederick County Planning Commission Minutes of February 6, 2002 Page 802 The vote on this application was: YES (TO APPROVE): Triplett, Fisher, Kriz, Ours, Morris, Unger, Watt NO: Rosenberry, Gochenour, Straub ABSTAIN: DeHaven, Light A motion was next made by Commissioner Ours, seconded by Commissioner Triplett, and unanimously passed to make Mr. James D. Stillwell's letter, dated November 8, 2001, a part of the official record. At this point, Chairman DeHaven resumed the conduction of the meeting. PUBLIC MEETING Request for a waiver to increase woodlands disturbance on Lot 4 in the Westview Business Center submitted by Mr. Mark Smith of Greenway Engineering. The property consists of 35.62 acres, zoned MI, and is identified with P.I.N. 64 -A -159F. Action - Recommended Approval Deputy Planning Director Eric R. Lawrence said this request was received from Greenway Engineering on behalf of Westview Business Center and involves an increase in woodlands disturbance up to 38% (4.2 acres) in the master planned area in order to more fully develop the property for light industrial use. Director Lawrence stated that if the Plaiming Commission found this request to be appropriate, the Planning Staff would recommend that the Commission include in the recommendation a statement requiring a survey description of the perimeter tree -save area which would assist in site plan review. Deputy Director Lawrence added that the applicant has provided documentation from the Winchester Regional Airport stating that the airport has no objections to the tree removal request. Commissioner Gochenour expressed concern about the removal of trees for the sole reason of providing additional industrial sites. She expressed concern about additional paving, increased water run- off, and additional buildings. Commissioner Gochenour was also concerned about the possible degradation of the existing pond and increased water run-off, if additional trees were removed. Commissioner Rosenberry inquired how the 25% woodlands disturbance designation in the ordinance came about. Planning Director Evan A. Wyatt noted that the 25% designation was on the books prior to 1989. Director Wyatt commented that when an area is already zoned and master planned, and is Frederick County Planning Commission Minutes of February 6, 2002 Page 803 -7 - targeted to focus industrial and commercial development, it is not surprising that the subsequent development will use a considerable amount of land. He explained that in Frederick County, and most of suburbia, for example, the tendency is to build out instead of up and surface parking is used in lieu of parking garages. Director Wyatt advised that this is one reason why there is a need to review the woodlands ordinance and revise it to protect the maximum amount of woodlands possible, while making the maximum use of the land that is already slated for development. Mr_ Mark Smith of Greenway Engineering, representing the owners of the Westview Business Park, stated that no specific user has been identified at this time. He said that the illustration in the agenda package was a previous potential user who decided the site was unuseable for their purposes. Mr. Smith explained that when they did the layout, they realized something needed to be done to piovide good, reasonable pad sites and they conducted the grading study. Mr. Smith said their proposed layout covers all the level areas of the site; he noted that quite a bit of buffering and screening remains around the perimeter of the site. Commissioner Unger asked if a trade-off could be accomplished with some street trees. Mr. Smith believed they could supplement additional trees on Independence Drive. Commissioner Rosenberry was opposed to the waiver and believed the applicant should adhere to the ordinance requirements; he commented that trees within this wooded area were not entirely comprised of scrub trees. There were no public comments. Upon motion made by Commissioner Light and seconded by Commissioner Morris, BE IT RESOLVED, That the Frederick County Planning Cormnission does hereby recommend approval of the request for a waiver to increase woodlands disturbance on Lot 4 in the Westview Business Center of up to 38% (4.2 acres) in the master planned area in order to more fully utilize the property for light industrial use, contingent on the submittal of a survey description of the perimeter tree -save area to ensure that subsequent site development plans do not encroach into this area. This waiver request was approved by the following majority vote: YES (TO APPROVE): Watt, Unger, Morris, Light, DeHaven, Ours, Kriz, Fisher, Triplett NO: Straub, Gochenour, Rosenberry Request for a waiver to the Zoning District Buffer Requirements of the Frederick County Zoning Ordinance, submitted by Mr. Timothy G. Painter of Painter -Lewis, P.L.C., on behalf of Hilltop House Adult Care Facility, located at 1811 Berryville Pike in the Stonewall Magisterial District. Action - Approved Planner Jeremy F. Camp stated that the staff has received a letter from Timothy Painter of Frederick County Planning Commission Minutes of February 6, 2002 Page 804 -8 - Painter -Lewis, P.L.C., requesting the County to consider approving a waiver to the zoning district buffer requirements for the property of Hilltop House Adult Care Facility. Planner Camp explained that if approved, the waiver would allow a portion of the parking lot to extend into the 25 -foot inactive portion of a zoning district buffer between the B2 (Business General) and RP (Residential Performance) Zoning Districts. He said during site plan review, the staff identified a portion of the parking lot, approximately 10 to 15 feet, which intrudes into the required buffer area. Ms. Sara Saurino, project designer with Painter -Lewis, P.L.C., the design firm representing the Hilltop House Adult Care Facility, pointed out the site layout for the Commission. Ms. Saurino explained that this site has had several face-lifts in the past and the last time design work was done, it was advised that if additional work was done, the entrance would need to be moved onto Denny Lane. She pointed out the new entrance. She said that the eight additional parking spaces are not required, but are overflow spaces needed for additional visitors over holidays and special occasions. Ms. Saurino stated that they have provided the full landscaped screen along the buffer line, behind it will be a six-foot board -on -board fence, and, in addition, all of the existing, undisturbed vegetation will remain in front of the fence and full buffer screen, providing a three -fold screen. Commissioner Unger inquired if the adjoining property owners were contacted to inform them of Hilltop's plans. Mr. Timothy Painter, of Painter -Lewis, P.L.C., said that he has not personally contacted the adjoining property owners, however, he knows the owners of Hilltop House have spoken with them on many occasions to discuss the project. There were no public comments. Commissioner Light believed the new entrance created a safer access and was visually more attractive for the facility. Other than questions about whether adjoiner notification on waivers was required by the ordinance, no other issues of concern were raised by the Commission. Upon motion made by Mr. Light and seconded by Mr. Kriz, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve the request for a waiver to the Zoning District Buffer Requirements of the Frederick County Zoning Ordinance, submitted by Mr. Timothy G. Painter of Painter -Lewis, P.L. C., on behalf ofHilltop House Adult Care Facility, located at 1811 Berryville Pike in the Stonewall Magisterial District, to allow the parking area to protrude into the buffer area by approximately 10 to 15 feet. DISCUSSION ITEMS Discussion pertaining to a proposed amendment to the Frederick County Zoning Ordinance to allow public schools in the B2 (Business General) Zoning Districts. Frederick County Planning Commission Minutes of February 6, 2002 Page 805 -9 - No Action Required Planning Director Evan A. Wyatt stated that at their meeting of January 24, 2002, the Development Review and Regulations Subcommittee (DRRS) considered a request submitted by G. W. Clifford & Associates, Inc. on behalf of the Frederick County Public Schools for consideration of an ordinance amendment to allow "schools" as a permitted use in the B2 Zoning District. Director Wyatt reported that the proximity to residential land uses, the ability to be served by public water and sewer, the location along road systems designed to accommodate larger volumes of traffic, and the potential to allow for pedestrian movement to nearby services were cited as reasons for permitting this land use in the B2 Zoning District. Director Wyatt said the DRRS unanimously recommended the addition of schools with or without residential components in the B2 District. Commissioner Ours suggested defining schools specifically as either "for-profit schools" or "non-profit schools;" he expressed concern about "non-profit schools" in a B2 Zoning District because it would be removing land that has been "comprehensive planned" to be revenue - generating land and putting in a use that will not generate revenue. Both Commissioners Morris and Straub were not in favor of public schools in B2 Districts because of compatibility issues and traffic concerns. Ms. Straub cited possible problems with the intermixed traffic of strip malls and convenience stores competing with schools buses and inexperienced student drivers. Another suggestion was to allow it using a conditional use permit. Chairman DeHaven said his initial reaction was to just downzone the property, however, the more he thought about it, the less concern he had with it. Chairman DeHaven advised that the public school system is going to be the contract purchaser of the property and he had confidence in the school system not to develop any portion of the property in a way that would endanger or impede their mission, which is the education the community's children. Commissioner Unger reported that the DRRS discussed this issue in great detail and when everything was taken into consideration, the only negative side was the price of the B2 property. He said that the B2 land would cost more, but if lower-priced RA land was acquired, additional expenses would be required for digging wells, hauling sewer, improvement of roads, etc. Mr. Charles W. Maddox, Jr., of G. W. Clifford & Associates, Inc., representing the Frederick County School System, was present, along with Al Orndorff, Administrative Assistant to the Superintendent of the Frederick County Public School System. Mr. Maddox said that the school system targets the area geographically best served and initiates a search of all possible available sites. He said that the very best site happens to be a B2 -zoned site; he said that the school system has the ability to judge whether this is the best site or not from a long-term developmental view. Mr. Maddox was confident they could deal with the issues that may arise in a B2 Zone. He cited the excellent traffic characteristics, water and sewer availability, and the price. He pointed out that the City of Winchester's ordinance allows, public schools in a B2 Zone, as well as Clarke County. Mr. Maddox commented that due to topographic constraints, there are not many sites in this geographical area to Frederick County Planning Commission Minutes of February 6, 2002 Page 806 -10 - choose from; he believed this was an ideal site for the school's use and it met all of their conditions. No action was taken or required by the Commission at this time. Discussion regarding a proposed amendment to the Frederick County Zoning Ordinance to modify residential road efficiency buffer requirements. No Action Required Planning Director Evan A. Wyatt advised that staff has concerns with the current requirements for road efficiency buffers, including disparity between full and reduced vegetative planting requirements, the spacing requirements for plant materials, and the ability to place this feature within residential lots. Director Wyatt said this issue was discussed by the Development Review and Regulations Subcommittee (DRRS) in October 2001, and again in January of 2002, and concurred with the concerns raised by the staff. He explained that the DRRS considered proposed amendments to alleviate these issues, while providing flexibility to the development and design community, and those were included in the Commission's agenda for discussion. Director Wyatt said that the design, development, and engineering community was also given the opportunity to review the amendment proposal and they believed it was well written and had no concerns. Director Wyatt reviewed the proposed zoning ordinance amendment in detail with the Commission. The following points were highlighted by Director Wyatt: the staff and DRRS's rewrite of the road efficiency buffers section of the ordinance is only applicable to a residential setting; it requires the road efficiency buffer to be located outside of individual lots; it creates useable land space of the remainder of the land for the property owner; it creates more parity in the type of landscaping measures necessary; it clearly defines the types of road systems used and those definitions are consistent with the County's Comprehensive Plan. Commissioner Morris inquired if the inactive space would become a part of the homeowners associations' responsibility for maintenance. Director Wyatt replied this was correct; it would become part of the open space and, therefore, an association would control and maintain the land. Commissioner Morris also asked if the land could be used toward the developer's requirement for open space and Director Wyatt replied that it could. Chairman DeHaven believed the committee and staff did an outstanding job and believed this was a "win-win" situation for everyone involved. Director Wyatt said that staff would forward the Commission's comments to the Board of Supervisors for discussion. Frederick County Planning Commission Minutes of February 6, 2002 Page 807 -11 - OTHER Raven Pointe MDP Revisions - Request for Additional Time Action - Approval of a Waiver to the Time Restriction Planning Director Evan A. Wyatt said that the Planning Commission considered a revision to the Ravens Master Development Plan (MDP) on December 19, 2001 and during the presentation, there were several concerned citizens who spoke. Director Wyatt said that Mr. Petry and Mr. Maddox, who represent the owners of the development, requested additional time to work out some of the issues with the residents who spoke. He said that the Commission granted a 60 -day tabling at the applicant's request. Director Wyatt advised that the 60 -day time period is up at the Commission's second meeting in February and Mr. Maddox has requested additional time. He said that Mr. Maddox needs more time to meet with the property owners in the existing subdivisions and to make sure all concerns are understood. Director Wyatt said that the Planning Commission had also requested a pedestrian access plan and Mr. Maddox needs additional time to finalize that work also. Director Wyatt said that the letter received from Mr. Maddox requests a tabling of their application until the Commission's April 17, 2002 meeting, but they would not object to a waiver ofthe time limit restrictions altogether. Mr. Charles W. Maddox of G. W. Clifford & Associates, Inc. requested that the Commission allow a waiver of the time limit restrictions. Upon motion made by Commissioner Ours and seconded by Commissioner Kriz, the Commission unanimously agreed to waive the time limit restrictions for the Raven Pointe MDP Revisions per the applicant's request. Administrative Approvals of Site Plans Planning Director Evan A. Wyatt inquired if the Commission believed it would be beneficial for them to receive copies of site plan approval letters on projects occurring in their particular district. Commission members believed it would be very helpful and requested that the staff send the copies digitally to those with access to email. Introduction of Abbe S. Kennedy, Senior Planner Planning Director Evan A. Wyatt introduced the Planning Department's newly -hired Senior Planner, Abbe S. Kennedy, who began employment on January 28, 2002. Director Wyatt said Frederick County Planning Commission Minutes of February 6, 2002 Page 808 -12 - that Mrs. Kennedy will be focusing her efforts with issues regarding comprehensive planning and master planning. On behalf of the entire Commission, Chairman DeHaven welcomed Mrs. Kennedy to the Planning Department. ADJOURNMENT unanimous vote. No further business remained to be discussed and the meeting adjourned at 9:10 p.m. by Respectfully submitted, Evan A. Wyatt, Secretary Charles S. DeHaven, Jr., Chairman Frederick County Planning Commission Minutes of February 6, 2002 Page 809 • • J 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 20, 2002. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; Roger L. Thomas, Vice Chairman/ Opequon District; Charles E. Triplett, Gainesboro District; George J. Kriz, Gainesboro District; Richard C. Ours, Opequon District; Greg L. Unger, Back Creek District; Cordell Watt, Back Creek District; Robert A. Morris, Shawnee District; John H. Light, Stonewall District; Gene E. Fisher, Citizen at Large; Pat Gochenour, Red Bud District; Marie F. Straub, Red Bud District; Sidney A. Reyes, Board Liaison; Vincent DiBenedetto, Winchester City Liaison; and Jay Cook, Legal Counsel, ABSENT: William C. Rosenberry, Shawnee District STAFF PRESENT: Evan A. Wyatt, Planning Director; Eric R. Lawrence, Deputy Planning Director; Abbe Kennedy, Senior Planner; Jeremy F. Camp, Planner II; Rebecca Ragsdale, Planner I; and Renee' S. Arlotta, Clerk. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MEETING MINUTES - JANUARY 2 2002 AND JANUARY 16 2002 Upon motion made by Commissioner Kriz and seconded by Commissioner Ours, the minutes of January 2, 2002 were unanimously approved as presented. Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the minutes of January 16, 2002 were unanimously approved as presented. Frederick County Planning Commission Minutes of February 20, 2002 Page 810 -2 - COMMITTEE REPORTS Comprehensive Plans & Proilrams Subcommittee (CPPS) - 02/11/02 Mtg. Commissioner Light reported that the CPPS discussed a proposed ordinance amendment that would allow schools in B2 Zoning Districts. Historic Resources Advisory Board (HRAB) - 02/19/02 Mtg. Commissioner Morris reported that the HRAB reviewed the proposed McTiernan rezoning, consisting of 159 acres on Rt. 7 East, of which a portion of the property lies within the core battlefield of Third Winchester as identified by the National Park Service. Commissioner Morris said that this property is not in an area of preservation according to the County's Comprehensive Policy Plan. He said the committee voted on a split vote to support and recommend to the Planning Commission and the Board of Supervisors that the property not be rezoned. Economic Development Commission - 02/02 Mtg. Commissioner Thomas reported that the EDC discussed new mission and visions statements for the Economic Development Commission. He said that the EDC is undergoing changes with personnel and philosophies. Sanitation Authority (SA) - 02/19/02 Mtg. Commissioner Fisher said the Engineer/Director, Mr. Wellington Jones, reported the following information: the County is currently in a 16.5 -inch deficit of rainfall; normal flow at the Shenandoah River in Strasburg at this time of year is in the 500-700 cubic feet per second range and yesterday it was measured at 70 cubic feet per second; a study of the extension of water and sewer service north from Clearbrook to the Rest Church area was recommended; denial of consideration of exploratory drilling of wells on the McCann property was recommended; and the SA's five-year plan was presented. Frederick County Planning Commission Minutes of February 20, 2002 Page 811 -3 - Winchester City Planning Commission (WPC) Winchester City Liaison, Mr. Vincent DiBenedetto, reported that based on police reports, the WPC denied a conditional use permit for a nightclub and, consequently, will be revisiting some of the previously -approved nightclubs for compliance issues. He reported that the WPC will be having a mini -retreat this weekend to discuss a number of issues, including the possibility of joint efforts with Frederick County, on projects such as corridor appearance standards. Mr. DiBenedetto said the possibility of converting the parking lot in front of the judicial center into a courthouse green was also discussed. CITIZEN COMMENTS Mr. Al Hayes, resident of Gainesboro District, brought the Commission's attention to a change in the State Code, which occurred in 2000, which allows for advertisement of legal notices to be placed on web sites. Mr. Hayes believed this was a good idea and he suggested that the Planning Commission request the Planning Staff consider this for the County's web page. Chairman DeHaven said the Commission whole-heartedly supports the concept and, although it seems slow, the County is working towards the goal of having a great deal of the information available to the general public. Planning Director Evan A. Wyatt commented that the County Administrator's Office is currently spear -heading an effort and is using a resource volunteer from Shenandoah University who is working with the County towards consistent web page design. He said that the Parks & Recreations' web site has been completed and the next departments slated are Planning and Development and the GIS Department. Director Wyatt agreed that the legal advertisements, as well as the agendas, were goals for placement on the web. PUBLIC HEARINGS Conditional Use Permit #04-02 of Rose M. Lauck for a Cottage Occupation to operate a piano school. This property, zoned RP, is located at 303 Tanager Drive and is identified with P.I.N. 75E-3-2-154 in the Shawnee Magisterial District. Action - Recommended Approval with Conditions Planner Rebecca Ragsdale read the background information and review agency comments. She said the proposed piano school would take place in the applicant's home and the applicant would like to teach up to 25 students per week. Planner Ragsdale said there were no disapproving agency review comments. She next read a list of recommended conditions, should the Commission find the use appropriate. Mrs. Rose M. Lauck, the applicant and property owner, was available for questions. Frederick County Planning Commission Minutes of February 20, 2002 Page 812 -4 - Chairman DeHaven asked Mrs. Lauck if she was comfortable with the conditions as stated and Mrs. Lauck replied that she was. There were no public comments regarding this use. The Planning Commission raised no issues of concern regarding the use and believed the conditional use permit was appropriate at this location. Upon motion made by Commissioner Thomas and seconded by Commissioner Ours, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #04-02 of Rose M. Lauck for a Cottage Occupation to operate a piano school at 303 Tanager Drive with the following conditions: All review agency comments shall be complied with at all times. 2. No business sign shall be permitted. Any change of use or expansion of this use will require a new Conditional Use Permit. Revision of Conditional Use Permit #18-01 for the Cross Junction Tower, submitted by Shared Towers, Inc., for a height increase from the approved 195 -foot lattice -type telecommunications facility to 260 feet. This property is located at the corner of Collinsville Road and Cross Junction Road, approximately 290 feet from Northwestern Pike (Rt. 522N), and is identified with P.I.N. 18-A-38 in the Gainesboro Magisterial District. Action - Recommended Approval with Conditions & Waivers Deputy Planning Director Eric R. Lawrence explained that this is a revised request to a tower the Commission reviewed, and recommended approval of, at their December 5, 2001; he said the Board subsequently granted approval of the tower on January 23, 2002. Deputy Director Lawrence reported that as a result of discussions at the Planning Commission level, the Board of Supervisors level, and between the two tower companies who were simultaneously submitting conditional use permits (CUPS) for towers, the applicant worked with his RF (radio frequency) engineer and deternuned that increasing the height on the tower from 195 feet to 260 feet would better serve the Summit community and portions of the Rt. 522 Corridor. He said that as a result of these discussions, the applicant has come back to request a revision to the CUP to allow for the additional height. Deputy Director Lawrence said that a result of increasing the height, the setback issue is brought to the table again. Deputy Lawrence said that the applicant is placing the tower in the middle of the three parcels they own, essentially, minimizing the setbacks against their own properties and maximizing the setbacks against adjoiners' properties. He said that the applicant is requesting to continue the waiver for Frederick County Planning Commission Minutes of February_ 20, 2002 Page 813 -5 - allowance of the lattice tower instead of the monopole tower; the applicant has provided a letter certified by the Tower Manufacturers Professional Engineer indicating the tower can be built with a safety stress point to reduce its fall zone. Commissioner Morris asked for verification that Triton/SunCom is in agreement that the additional height of the tower will now meet their requirements for serving the Summit community. Deputy Director Lawrence said there is still some debate over the Summit and the Rt. 522 corridor, however, everyone is in agreement that increasing the tower height will serve the Summit community much better than the previous height. Commissioner Light inquired if the setback requirements regarding the easement were written within the CUP or the lease agreement, in case the property is ever sold. Mr. Kamal Doshi of Shared Towers, LLC, the applicant, replied that this issue is taken care of legally through a recorded lease agreement between Shared Towers and the landowner. Commission members had some discussion ofthe need to specify exactly that the tower height will be 260 feet with a six-foot lightening rod on top. It was noted that the FAA (Federal Aviation Administration) requires the tower to be equipped with a strobe light. Mr. Doshi explained that he strives to choose a tower location that contains woodlands and other buildings so that the base of the tower is less visible and less prominent from the road. He said that these locations are not as prominent as his RF engineer would like, but they are more palatable to the community. Mr. Doshi presented computer-generated pictures of lattice and monopole tower structures at the proposed locations, so the Commission members could visualize its appearance once it is constructed. Mr. Doshi explained that the tower/communications industry's theory is that the monopole and lattice towers have similar impact in a rural area, however, in an urban area, the monopole is preferred because the lines are straight and it fits better with artificial, man-made structures which all have straight lines and corners. He said that in the rural environment, however, the lattice structure is more suitable because the tower is not closely approached and is observed from a distance. He said that from a distance, the lattice structure is not as imposing because you can see sky through it. In response to another question, Mr. Doshi added that the communication industry also prefers to construct the lattice towers because of the cost and, more importantly, their flexibility for future uses. Commissioner Straub inquired if Frederick County could be held liable if the tower would collapse. The Planning Commission's legal attorney, Mr. Jay Cook, replied no. Recalling a previous meeting, in which SunCom/Triton stated that the Shared Towers' facility would not meet their needs and they intended to submit their own tower application, Commissioner Ours asked if there was still the potential for two towers to be placed in relatively close proximity. Mr. Doshi stated that meetings were arranged by County officials between him and representatives of SunCom/Triton to discuss the possibilities for them to utilize his tower. Mr. Doshi said that SunCom/Triton is aware of the request for the increased height and he would like for them to be his customer. Mr. Doshi went on to explain the situation as he knew it. In response to a question of whether or not Shared Towers' original facility request for this area would have adequately served the Summit, Mr. Doshi replied that his main objective was good coverage of the Rt. 522 Corridor from the Winchester City line to the West Virginia line. He explained that the majority Frederick County Planning Commission Minutes of February 20, 2002 Page 814 of cell phone usage is still on the road, in automobiles, and not in homes or by pedestrians. He said that if a neighborhood community becomes important to serve and good service is sought, then a taller tower would be required, especially in the case of the Summit because of all the dips and hills and the lake. Mr. Doshi said that residents from the Summit community carne before the Board and requested that good service be provided to their community. Commission members discussed with Mr. Doshi the contents of the certified letter indicating that the tower will be built with safety stress points to reduce the fall zone to within the landlord's properties and specifications regarding the wind load design. It was noted that the tower height increase would require additional setback waivers. Chairman DeHaven called for public comments and the following person came forward to speak: Mrs. Collins, an adjoining property owner, had the following questions and concerns: the distance from the tower to her property line; concerns about the possibility of the tower collapsing; and the affect on the viewshed from her property and for the Cross Junction community as a whole. The Planning Commission believed the increased height of the tower was appropriate in light of the increased service area capability and usability by other service providers Upon motion made by Commissioner Thomas and seconded by Commissioner Kriz, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval ofthe revision to Conditional Use Permit #18-01 for the Cross Junction Tower, to be located at the corner of Collinsville Road and Cross Junction Road, submitted by Shared Towers, Inc., for a height increase from the approved 195 -foot lattice -type telecommunications tower to 260 feet with a six-foot lightening rod placed at the top, with the requested setback waivers, and with 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 co -locating personal wireless services providers. 3. A minor site plan shall be approved by the County. 4. The tower shall be removed by the applicant or property owner within twelve (12) months of abandonment of operation. In the event a telecommunications tower is not erected within twelve (12) months of the approval of this Conditional Use Permit, then the CUP will be deemed invalid. Frederick County Planning Commission Minutes of February 20, 2002 Page 815 -7 - The vote on this recommendation was as follows: PRS (TO APPROVE): Watt, Unger, Morris, Light, Thomas, Ours, Kriz, Fisher, Triplett, DeHaven ABSTAIN: Straub, Gochcnour Conditional Use Permit #05-02 for the Hunting Ridge Tower, submitted by Shared Towers, Inc., for a 195 -foot -high lattice -type telecommunications facility. This property is located at 329 Hunting Ridge Road and is identified with Property Identification Number 30 -A -98C in the Gainesboro Magisterial District. Action - Recommended Approval with Conditions & Waivers Deputy Planning Director Eric R. Lawrence read the background information and review agency comments. Deputy Director Lawrence explained that what is sought here is the relocation of a tower that was approved by the Board for the Hunting Ridge area (CUP #19-01) and, again, it is being requested in order to work with the SunCom/Triton service providers to eliminate the possibility of additional towers. He said that the relocation of the tower approximately 1,000 feet south of the previously -approved location will satisfy SunCom/Triton's needs to cut through the ridge line. Deputy Director Lawrence advised that if CUP #05-02 is approved, SunCom/Triton has indicated that they will use this site. He added that the applicant has requested the approval of a lattice tower, instead of the previously -approved monopole tower, and a waiver for the reduction of the setbacks against the property owners' internal parcel boundary line. He further added that the setback against the adjoining property owner has been met. There next ensued some discussion between the Commissioners and the applicant regarding fall zones for the proposed towers. Commission members were happy to see that by moving the location of the previously -approved tower or by raising the height of a tower, that the potential for an additional tower in this same area had been eliminated. Upon motion made by Commissioner Thomas and seconded by Commissioner Kriz, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #05-02 for the Hunting Ridge Tower, to be located at 329 Hunting Ridge Road, submitted by Shared Towers, Inc., for a 195 -foot -high lattice -type telecommunications facility with a waiver of the setbacks for the internal parcel boundary line and with 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 collocating personal wireless service providers. 3. A minor site plan shall be approved by the County. Frederick County Planning Commission Minutes of February 20, 2002 Page 816 -8- 4. The tower shall be removed by the applicant or property owner within twelve (12) months of abandonment of operation. 5. In the event a telecommunications tower is not erected within twelve (12) months of the approval of this Conditional Use Permit, then the CUP will be deemed invalid. 6. Issuance of CUP #05-02 shall make the Conditional Use Permit (CUP#19-01) previously issued for an adjoining property (same property owner) invalid. Expansion of the Sewer and Water Service Area (SWSA) to incorporate approximately 199 acres of property located south of Fairfax Pike (Rt. 277), in the vicinity of Hudson Hollow Road (Rt. 636) and Sherando Park, in the Opequon Magisterial District. Action - Recommended Approval Deputy Director Eric R. Lawrence stated that during the Board of Supervisors' January 23, 2002 meeting, the staff presented four alternatives in response to the Board's request for consideration of the expansion of the Sewer and Water Service Area (SWSA) in the vicinity of Hudson Hollow Road (Rt. 636). He said that as a result of this discussion, the Board selected Alternative #4 as the choice for the SWSA and, accordingly, the staff has scheduled this public hearing in an effort to process a formal SWSA amendment. Deputy Director Lawrence and Director Evan Wyatt gave some background information and history for the benefit of the new members on the Commission. Deputy Director Lawrence reported that in 1994, when the Fultons received approval to extend sewer to their property, the Board of Supervisors' action required the Fultons to provide an easement, so that the residents along Hudson Hollow Road with failing septic systems could access the line, and it required the Fultons to provide a line with the capacity for the residents to tap in. He said that in 2001, it was decided that the official SWSA maps should indicate that these properties were within the SWSA boundaries to guarantee sewer and water availability, policy -wise, for the residents to utilize public sewer and water, in the event they had the money and chose to do so. Director Wyatt believed the greatest benefit of inclusion in the SWSA was that it entitled properties within it to be legally served by sewer and water. He explained that through the County's agreement with the Sanitation Authority (SA), the SA has the opportunity to plan for appropriate facilities and capacities to serve the area. He said that the practice of extending service outside of the SWSA has been one where smaller lines with limited capacities are provided; therefore, the benefit is to have an area within the SWSA which gives it the opportunity to be served correctly, which wouldn't be possible by individual property owners piece -milling it. Director Wyatt recalled that when he spoke with the Commission during their discussions of all four alternatives, he spoke in favor of Alternative 41 because it took into account the frontage properties along Rt. 277, from Double Church Road to Sherando High School, and the majority of those properties are already zoned and will probably develop over time. He said that if that entire corridor from Double Church Road down to White Oak Road is going to be a developing corridor, it would make sense to include them into Frederick County Planning Commission Minutes of February 20, 2002 Page 817 the SWSA and allow the Sanitation Authority to do the appropriate infrastructure planning to serve the area. There were no public comments. No other issues were raised by the Commission. The Commission believed the SWSA expansion was appropriate as presented utilizing Alternative #4, as preferred by the Board of Supervisors and recommended by the Comprehensive Plans and Programs Subcommittee. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the expansion of the Sewer and Water Service Area (SWSA) to incorporate approximately 199 acres of property located south of Fairfax Pike (Rt. 277), in the vicinity of Hudson Hollow Road (Rt. 636) and Sherando Park, in the Opequon Magisterial District, and also referred to as Alternative #4. Proposed Text Amendments to Section 165-28, Loading Areas, and Section 165-145, Definitions of the Frederick County Zoning Ordinance. These changes would allow greater flexibility to small businesses with minimal loading space activity. It would also clarify several ambiguities in the current language of the Zoning Ordinance. Action - Recommended Approval Planner Jeremy F. Camp reported that the Development Review and Regulations Subcommittee (DRRS) and the staff have drafted text amendments related to modifying the Zoning Ordinance as it relates to loading spaces. Planner Camp explained that the primary goal of the amendments is to provide flexibility to smaller industrial and commercial users with minimal loading space activity, in addition to clarifying several ambiguities within the existing text. He added that the Industrial Park Association has participated in the discussions held during various DRRS meetings and supports the proposed changes. Some Commissioners expressed concern that the proposed amendments may diminish the design standards previously developed. In addition, a concern was expressed for access by emergency services vehicles to motels, hotels, or restaurants, etc. The staff explained that the amendments were a reduction of standards, but only for the small businessman with only two or less loading areas; the business would have to meet the same standards as everyone else in the front of the building, but would be permitted to use the less stringent standards in the rear of the building. It was also pointed out that establishments such as fast food restaurants and hotels only have one or two loading spaces, so a reduction of standards could be realized in that scenario. Members of the DRRS commented that in that particular situation, the parking and public access would have to be separated from the loading area. Members of the DRRS believed this was a good compromise in order to help the small businessman with the financial burden. There were no public comments. Frederick County Planning Commission Minutes of February 20, 2002 Page 818 -10 - The Planning Commission believed that the proposed amendments were a good compromise between assisting small businesses with the financial costs associated with paving and upholding design standards that will reduce impacts on the surrounding area. Upon motion made by Commissioner Light and seconded by Commissioner Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval ofthe proposed text amendments to Section 165-28, Loading Areas, and Section 165-145, Definitions, of the Frederick County Zoning Ordinance to allow greater flexibility to small businesses with minimal loading space activity and to clarify ambiguities in the current language. OTHER Work Session Scheduled Regarding Water Issues Planning Director Evan A. Wyatt spoke with the Commission about an available opportunity to hold a work session at the Commission's second meeting in March concerning water - related issues with the Sanitation Authority's Director, Mr. H. Wellington Jones. Commission members were unanimously in favor of the work session, however, they believed that questions needed to be developed beforehand, so that Mr. Jones has the opportunity to respond to specific questions. It was suggested that all questions be turned in to Director Wyatt by the evening of March 6, as the informal cut-off. Procedural Issues Chairman DeHaven said the Planning Commission's Bylaws require adherence to Robert's Rules of Order and it has been brought to his attention that Robert's Rules of Order does not permit discussion after a motion to table. Since he had permitted discussion in the past, Chairman DeHaven requested an opinion from the Commission's legal counsel and the other Commissioners as to whether the Commission should eliminate debate on items moved to be tabled, or to amend the Bylaws. The Commission's legal counsel, Mr. Jay Cook, believed that the Commission could choose either alternative. The members unanimously agreed that the Commission should strictly follow Robert's Rules of Order henceforth. Frederick County Planning Conunission Minutes of February 20, 2002 Page 819 ADJOURl'V1'VIF.l'V 1 unanimous vote. -11- No further business remained to be discussed and the meeting adjourned at 8:45 p.m. by Respectfully submitted, Evan A. Wyatt, Secretary Charles S. DeHaven, Jr., Chairman Frederick County Planning Commission Minutes of February 20, 2002 Page 820 s • s PC REVIEW: 04/03/02 BOS REVIEW: 04/24/02 CONDITIONAL USE PERMIT #06-02 FLOYD L. LEE Restaurant Use ("Our Little Diner") LOCATION: This property is located at 3131 Front Royal Pike. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 87-A-66 PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) District; Land Use: Residential and Vacant ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land Use: Vacant, Armel Store, and Residential PROPOSED USE: Restaurant ("Our Little Diner") REVIEW EVALUATIONS: Virginia Dept. of Transportation: The application for a conditional use permit for this property appears to have little measurable impact on Route 522, the VDOT facility which would provide access to the 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 standards. Inspections Department: Existing restaurant shall comply with The Virginia Uniform Statewide Building Code, Part III - Maintenance of Existing Structures, and The BOCA National Property Maintenance Code/1996. No permits required unless renovations are to occur. Existing kitchen range shall be located under the existing hood and the use of electrical extension cords shall be eliminated. Fire Marshal: Recommendations: a kitchen fire suppression hood for appliances and processes that produce grease -laden vapors; automatic fire alarm system, and residential sprinkler system. Exit signs at normal and emergency means of egress. Plan approval is CUP #06-02, Floyd L. Lee Page 2 March 22, 2002 recommended. Health Department: The Health Department has no objection. No increase in seating to occur. Planning and Zones: The Frederick County Zoning Ordinance allows for restaurants in the RA (Rural Areas) Zoning District. The applicant is proposing to establish a small diner. This proposed use would take place in an existing one-story structure that is approximately 800 to 900 square feet in size. The structure has been utilized in the past as a restaurant. The structure has a capacity of 23 seats and the applicants do not intend to expand seating. The property is a 1.46 -acre nonconforming lot of record on which the structure proposed for the restaurant does not meet current RA setback requirements. Also located on the property is a brick residence and a mobile home. The applicant plans to continue renting the mobile home and the brick house. There were no disapproving agency comments. Staff feels reestablishing a restaurant at this location would not be appropriate. STAFF CONCLUSIONS FOR THE 4-3-02 PLANNING COMMISSION MEETING: Ifthe Planning Commission should find this use to be appropriate, staff would recommend approval with the following conditions: 1. Hours of operation shall be limited to between 5:00 a.m. and 9:00 p.m. 2. Only one business sign shall be permitted and limited to fifty (50) square feet in size, and fifteen (15) in height. 3. No additional dwellings shall be permitted on the property. 4. All review agency comments shall be complied with at all times. 5. An engineered site plan shall be approved by the County. All improvements shall be installed prior to operation of the restaurant. These improvements shall include a minimum of nine (9) parking spaces which shall be located to ensure vehicles do not back onto Front Royal Pike or adjoining properties. 6. Any expansion or change of use will require a new Conditional Use Permit (CUP) / 87 A 72 \' V Hutchinson RITTER P 97 A 87 , \, aC.QFFEIL COFFELT,' 87 A 85 522 O� \ SPICER 87 A 84 O . C MONWt-ALT OF VIRGINIA \\ 87 A 814-1 \ COMMONW OF 87 gIR�GI ror 4-j 11 CUP #06 -02 Location. Map For: Floyd L. Lee PIN. 87-A-66 �R-171 f5(i5ifi eSS Conditional Use Permit 106-02 Submittal Deadline P/C Meeting BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA, 1. Applicant (The applicant if the owner��l�c-other) NAME: r i ADDRESS: �2o TELEPHONE 2. Please list all owners, occupants, or parties in interest of the property: Per'-f'� �J-' - 3. The property is located at: (please give exact directions and include the route number of your road or street) 4. 5. 6. The property has a road frontage of -7'5- feet and a depth of feetrand consists of /, 4/� acres. (Please be exact) The property is owned by 'Po �z as evidenced by deed from Rh, ; recorded .74/ (previous owner) in deed book no. 7 2, on page 1 f o' , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 14 -Digit Property Identification.No. Magisterial District SV-hC'W Current Zoning RA 7. Adjoining Property: USE North s East South West IPS r�+�•�\ C� c,� ZONING fZA (Z f -A. —... 9 A 8. The type of use pr sed is (consult with the Planning Dept. before completing) Z 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: (A 676 cf �r-o?6P'rI NAME :, w �n -� 7' ADDRESS PROPERTY ID# Y? - 65 NAME ^/o4�7/ Z, TKau, C ADDRESS %ZII , i G A Pi Z -Al PROPERTY ID# -7- A NAME ADDRESS PROPERTY ID# �S? - 4 - ?a NAME 44 � .ii r,- ADDRESS PROPERTY ID#?- - Gel NAME _ �on c2�!lfh n�.'r�; ADDRESS` PROPERTY ID# $r7 -.tq - 6 i NAME ADDRESS PROPERTY ID# NAME PROPERTY IDI ADDRESS NAME C'D IC� /: �;� l-% %}r���_ ADDRESS "f f ,"kits o -�/� l c+✓�✓LI PROPERTY ID# _ (�r✓�1'/ �� `' 11. Please use this page for your sketch of the property. Show proposed and/or existing structures on the property, including measurements to all property lines. 7 1( /Yv 17� 12. Additional comments, if any: aJj- '�d ra �;', eX%5AilitCA, �-ou 0,NA -iro,X E F - Am � o t -j f�PjPraVQ1 �-� �; s a� P t` coo -k- 4 otj 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 /� ./ / JYLI a �d Owners' Mailing Address Owners' Telephone No.{�7� TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: Or W -Q 810.1 ARMEL, FREDEfUCK CO_ yq_ Ya :� If�Ii;It1 F'_UE ICK CMITY, (SCT. vablt /ery This insti+sment of writing ras rroduced to c:e on the 29tia day of June I944 at 3:30 P. If. and with certificate of acknowledgment thereto annexed was admitted to record. ,Clerk D5 w i 20 0(� -NG —SGT p - V 13 „4 cXp Q " \ j �l. R 09A c SSC Br• - 4g �7 , . F • �; m B 125 N 4 56 �o, �� . Sal• `• � — ,, � 67 CD b O u, Q "=; Sept Rea � F 0f � r 5rO b o_ ash 119 D ,4CEScIodo ° s & Br PNLY � , 4' O• L — � S 2� 2 -- / v N . CL w Q ,. n �, O� CCF,, E �' o e E & V �% LS• FELT x m C 3 Rig �� �. P Y CCS P9 423LE N q. NCE R �� E cn �'� p• o ADA MA?202 ���� D.B.B. ZOO P9 h �0 N c 12 M REFERENCES • `� O A . s MtPROFILES, DETAIL DRAINAGE x . CD �o<' SGRIPTION 51 ETS, ETC,1 R� AIM 7A 03 CG NTY of FREDERICK Department of Planning and Development 540/665-5651 FAX- 540/665-6.395 Zoning Review for a Business License Please provide the following information about your business It is important that all -'the requested information is provided completely to ensure accurate review by the Planning Department staff. If you have any questions about this form or the zoning regulations of Frederick County, please contact the Planning Department at (540) 665-5651. The completed zoning review form must he submitted to the Commission of the Revenue's office in order to apply for a business license APPLICANTNAME: floyd 1 fee DAYIIMEPHONE ri: 540 868 0537 STET ADDRESS: (actual location of business - this address may be different from the mailing address): 3131 front royal piye winche Lr va 22602 OWNER(s) OF PROPERTY (ifdy BUSINESS/TRADE NAM E: our DESCRIPTION OF BUSINESS: erentfroin applicant): little diner a food diner APPLICANT SIGNATURE:DATE: U Please Do Not Write Below This Line - For Planning Department Review - - --............................................................... ............... .................................................... ........ -------------------------------- -- C'rr PROPERTY IDENTIFICATION n (PIN): S'— %moo �cr�s' ZONP-G DISTRICT: 4 IF BUST ESS IS HOME-BASED (Home or Cottage Occuparen): 1. Number of Employees OtheraThA Members of Household: 2. New Construction or Alteration Required: Yes No 3. Business Located Within: flouse Accessory Structure _ 4 Based upon the information provided by the applicant, is the use proposed for the above -referenced location permitted in -the identified zoning district?`' YES NO STAFF CO'NUvIENI': v�,�- Cc�, � tiil'��, � �rd /� °/oma � a � �/ ��r'+G,� ST^ •t�r �� ��'��(C'A,'� fV � a !p a � �rl ✓t',^(�✓�?C,SJn _ AFF SIGNATURE: �)1 DATE: 107 NorTh hent Street - WinchesTer. ', r ;-.Jn TOff. LNDIVEDUALS ONLY CERTIFICATE REQUIRED TO BE FILED BY A PERSON CONDUCTING BUSINESS IN THE COMMONWEALTH OF VIRGINIA UNDER AN ASSUMED OR FICTITIOUS NAME_ I hereby certify in accordance with the provisions of § 59.1-69 of the 1950 Code of Virginia that I am conducting business of: a food diner At 3131 front royal pike winchester va 22602 (Street Address) (City) (State) (Zip) Under the name of: our little diner (Name of Business) and that no other person has any interest of any kind in said business and that I am the sole owner and proprietor thereof. My Post Office address is: My Residence address is: 1908 fairfasr pike whi tap ost va 22663 Given under inyhand this 22 day of -jan>2Ary 190/2002 Commonwealth of Virginia County of Frederick, To-ff'it. Subscribed and sworn before me on the above date by Floyd L. Lee My Commision Expires: floyd l lee `Printed Name v Signature Deputy Clerk / In the Clerk's Office of the Circuit Court of the County of Frederick, Virginia on the 22nd Day of January, 2 0 0 2 at 9 :10 AM this Certificate with the Certificate of Acknowledgement annexed, was recorded, filed, and admitted to record. -fit / Deputy Clerk `. • i PC REVIEW: 04/03/02 BOS REVIEW: 04/24/02 CONDITIONAL USE PERMIT #07-02 CHARLES G. LLOYD Cottage Occupation - Custom Furniture and Repair LOCATION: This property is located at 240 Gough Road. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 60 -A -40B PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) District; Land Use: Residential ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land Use: Residential PROPOSED USE: Cottage Occupation for Custom Furniture and Repair REVIEW EVALUATIONS: Virginia Dept. of Transportation: The application for a conditional use permit for this property appears to have little measurable impact on Route 618, the VDOT facility which would provide access to the 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 standards. Inspections Department: Building utilized for the furniture production shall comply with The Virginia Uniform Statewide Building Code, and Section 306, Use Group F (Factory) of the BOCA National Building Code/1996. Other code that applies is CABO A 117.1-92, Accessible and Usable Buildings and Facilities. If existing structure is utilized, please submit a floor plan of the area for review at the time of Change of Use Building Permit application. A new certificate of use and occupancy shall be issued prior to operation. CUP 407-02, Charles G. Lloyd Page 2 March 22, 2002 Fire Marshal: Virginia Statewide Fire Prevention Code F-1304 requires a spray booth with fire suppression system if over one gallon of flammable or combustible liquid is used on any given day. Portable fire extinguishers with a rating 2A/20BC are required within 50 feet of all woodworking equipment. VSFPC Code F-3203 states that an approved flammable liquids storage cabinet is required for a combination of flammable or combustible liquids exceeding 30 gallons. Plan approval is recommended. Planning and Zoning: The Frederick County Zoning Ordinance allows cottage occupations in the Rural Areas (RA) Zoning District with an approved Conditional Use Permit (CUP). The applicant is proposing a custom-built furniture and furniture repair business. The applicant plans to utilize an existing accessory structure as a workshop. The custom furniture would be handmade and there would be little equipment or chemicals involved in the production or repair of the furniture. There would be no employees associated with the business and the applicant does not intend to have customers to the property. There were no disapproving agency review comments. Based upon the limited scale of the proposed use and evaluation of the property, it appears this use would not have significant impacts on the adjoining properties. STAFF CONCLUSIONS FOR THE 4-3-02 PLANNING COMMISSION MEETING: Should the Planning Commission determine that this request is appropriate, staff would suggest the following conditions: 1. All review agency comments shall be complied with at all times. 2. On-site retail sales shall be prohibited. One business sign no larger than four (4) square feet in size shall be permitted. 3. Any change of use or expansion of this use will require a new Conditional Use Permit. 0 \Agendas\COMMIiNTS\CUP's\2002\Charles Lloyd.wpd �f t off ,l. 160 A 40B Cur mut-02 Location Flap For: Charles G. Lloyd PIN: 60 A 40B +Fog' F E I V E D Submittal Deadline WAR p 4 ZOQZ P/C Meeting BOS Meeting APM'1tdXTtdW R66fiDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 3- - 7 4-3-0i 1. Applicant (The applicant if the owne other) NAME: ADDRESS: TELEPHONE 6T D • `K' / iV��_� 2. Please list all owners, occupants, or parties in interest of the property: &hAiq 1�6 3. The property is located at: (please give exact directions and include the route number of your road or street) 4. The property h s a road frontage of feet and a depth of 4fl,1.01 gSfjvJ feet and consists of acres. (Please be ex t) 5. The property is owned by , �,� as evidenced by deed from dbAdIL5 A., 0.4 md., recorded (previou� s caner) in deed book no. ��a% on page, as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. 14 -Digit Property Identification No. Magisterial District • I age Current Zoning 7. Adjoining Property: U E ZONING North ; ► '41 East; ,#�. Southam -- West 9. The type of use propos before completing) OA Planning Dept. 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: II AA A -P-4 NAME l.�t1�•- . e��c. ADDRESS+ PROPERTY ID# nnoo 4 NAME .}i d�• ADDRESS PROPERTY ID# to -A NAME A !lam .IiA ADDRESS" PROPERTY ID# - A -7-6144 NAME Lei;Q L•� L•�i! ADDRESS q PROPERTY ID# &-�o -A -z i' NAME IL•,/4-&A. 4 DRESS PROPERTY ID# / 0 NAME ADDRESS PROPERTY IDI NAME ADDRESS PROPERTY ID# ADDRESS PROPERTY IDI 12. Additional comments, if any: k T: Llw" : CSSF: th 1�„i i I Ar � !_) :'1 I .iJ �' 3*� � r >•' 4 i +�i''� T 4 �i�� A r"' I! t i0 3 `r'^ i � � ee, i � � i 'l$ �.yy 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 ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: SN N /F MICHAEL L., SR. & 30 B. 0. PATSY A. STRAWDERMAN LEGEND: DB 723 PG 761 IPF = iRON PIPE FOUND \ SS TAX ID# 60-2-5 IRS = !RON ROD SET �o ��%�\530, / ED = WOODEN BUILDINGOop�sS� / x — = FENCE / — \ O cyj �,�� ry�` 16.70' 0 125 250 ���+o . IPF S33'50'00"W i ` POND 92.52' i i IPF i N /F DAVID L., III & + i BARBARA L. BELL 4.9695 ACRES' �; DB 660 PG 325 / IRS CHARLES A., JR. & JULIE A. NEFF TAX ID# 60-A-53 DB 683 PG 200 " TAX ID# 60-A-406 7 i RONALD D. & S25'16'07"W LINDA M. LINK 123.92' i i DB 515 PG 251 �!�00 �7?)j\ �� `\TAX ID## 60 -A -54B �N/F � iAe LESLIE D. & MARGARET C. PHELPS 1 DB 294 PG 302 20.16' IPF TAX ID# 60-A-40 NOTES: 1. NO TITLE REPORT FURNISHED. EASEMENTS OTHER THAN SHOWN MAY EXIST. 2. NO PART OF THIS PROPERTY LIES WITHIN THE DESIGNATED 100 YEAR FLOOD ZONE AS SHOWN ON F.I.R.M. PANEL•# 510063-0100B 7/17/78 AAJH OF 5 , P. DUANE 4� BROWN NO. 1285 Jan..28� /999 O SURVE�,_r-l- �N i N /F CHARLES S. & ANGELA B. SCHRANTZ DB 892 PG 1500 TAX ID# 60 -A -54F HOUSE LOCATION SURVEY 240 COUGH ROAD BACK CREEK MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA DATE: JANUARY 28, 1999 SCALE: 1" = 125' I FILE#: 99004 -DSF Laud Surveying SHEET 1 P.D. Box 1517 OF Inwood. WesC Virginia 25428 1 Phone & Fax #/: 540-67B-1082 PC REVIEW: 04/03/02 BOS REVIEW: 04/24/02 CONDITIONAL USE PERMIT #08-02 KIM A. NAIL ( NAIL'S ARCHERY SHOP) Expansion of CUP #001-92 - Retail Archery Sales to Include Outdoor Archery Range LOCATION: This property is located at 307 Whitetail Lane. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 19 -A -27A 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: Expansion of CUP 9001-92 (Retail Archery Sales) to include an Outdoor Archery Range. REVIEW EVALUATIONS: Virginia Dept. of Transportation: The application for a conditional use permit for this property appears to have measurable impact on Route 522, the VDOT facility which would provide access to the property. 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. Health Department: Health Department has no objection to request. Archery Shop has restroom facility for use of shooters. CUP #07-02, Nail's Archery Shop Page 2 March 22, 2002 Fire Marshal: A 14.5 -foot vertical clearance must be maintained over the width of the roadway for emergency vehicle access per NFPA 299. Plan approval is recommended. Planning and &A"n : The Frederick County Zoning Ordinance„ allows for outdoor recreation facilities in the Rural Areas (RA) zoning district with an approved conditional use permit (CUP). The applicant currently has an approved CUP to for a retail shop selling archery equipment and an ofd premises business sign. The approval letter for that CUP follows this staff report. The sales shop is located in an accessory building adjacent to the applicant's residence. The applicant is proposing to revise the previously approved CUP to include an outdoor shooting course. The property is located approximately 1/4 mile off Route 522 North on White Tail Lane. The proposed archery course would be located on wooded portions of the 20 -acre property. The applicant has designed the course with safety in mind. To prevent arrows from straying, targets are surrounded by trees and are set up to ensure that users of the course are not shooting towards White Tail Lane or towards houses. The applicant prohibits the use of sharp pointed arrows on the course and only allows the use of field -point arrows which have blunt ends. No new structure would be built in association with the archery course. The applicant proposes to have the course open one day a week, usually Sundays. There were no disapproving agency review comments. Staff feels the proposed use would not adversely affect adjoining properties and it would be appropriate to approve this application for an outdoor archery range. STAFF CONCLUSIONS FOR TBE 4-3-02 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, staff would recommend the following conditions: All review agency comments shall be complied with at all times. 2. No parking shall be allowed on White Tail Lane. 3. The off -premises business sign must be maintained in accordance with the requirements of the Frederick County Zoning Ordinance and the Virginia Department of Transportation. 4. Any expansion or change of use will require a new Conditional Use Permit (CUP). 0:1AgendaslCOMMENTSICNP's120021Nail's Archery Shop.wpd COUNTY of FREDERICK Department of Planning and Development 703-665-5651 FAX 703-678-0682 March 6, 1992 Mr. Kim A. Nail HC 36, Box 358-A Winchester, Virginia 22601 Dear Mr. Nail: This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting of February 26, 1992. Your application for a conditional use permit, #001-92, for retail sales of archery equipment (cottage occupation) was approved with the following conditions: 1. All outstanding comments from review agencies must be adequately addressed. 2. If the use changes or intensifies to the point of causing traffic problems, a new conditional use permit will be required. Also, your application for a conditional use permit, #002-92, for an off premise sign was approved at the same meeting with the following conditions: 1. The sign will be maintained in accordance with the requirements of the Frederick County Zoning Ordinance and the Virginia Department of Transportation. 2. If the dimension of this sign is changed, a new conditional use permit will be required. This property is located off of 522 North, past Back Creek Bridge, in the Gainesboro District, and is identified as GPIN 190000A0000270. THE COURTHOUSE COMMONS 9 N. Loudoun Street - P.O. Box 601 - Winchester, Virginia - 22601 Page -2- K. Nail March 6, 1992 If you have any questions regarding the approval or conditions of these conditional use permits, please do not hesitate to call this office. Sincerely, Y- # - W. Wayne er Zoning Administrator WWM/slk cc: Esten Rudolph, Commissioner of Revenue Roy Jennings, Commissioner of Revenue's Office George C. Whitacre, Clerk- of Circuit Court Sandi Jett, Business License Technician Frank. L_ Fout C. William Orndoff, Jr., Treasurer Location Archery Shop Expansion of CUP #001-92 NAIL'S ARCHERY SHOP Conditional Use Permit #08-02 Submittal Deadline 03-08-02 P/C Meeting 04-03-02 BOS Meeting 04-24-02 APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (The applicant if the :i owner other) �/ 1 r NAME: /1 f� 1 / r ADDRESS: 0 '� /ail; ��6D3 TELEPHONE 15 - 4 2. Please list all owners, occupants, or parties in interest of the property: S. r � G�,1�(�? � r nuc° _ ��r4►`�—� Ldlr$,% 3.. The property is located at: (please give exact directions and include the route number It of your road or street) i N 1' 4. The property has a road frontage of feet and a depth of feet and consists of 0,4 j- acres. (Please be exact) � r 5. The property is owned by c �`� J�'j� ; �- as evidenced by deed from recorded (previous owner) in deed book no .on page ] y , as recorded in the records of the Clerk ---of the Circuit Court County y of 6. 14 -Digit Property Identification No/. �t ---2 AA Magisterial District^ Current Zoning 7. Adjoining Property: USE ZONING North East w,c rel r!5 aux ,F -- South West j .ccn. Cic p c e of use proposed completing) It is proposed 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: 1' , J '(vl 1) � NAME c k 0,, /7 C4 j7, <� q -C ICWI"ADDRES S PROPERTY% IDI < I "" " O(,5 NAME / ►G���f`%P/'C7�1! ADDRESS PROPERTY ID#_ G "J c, NAME , Zc7Lv,oa4 ADDRESS PROPERTY ID#a //0- A, ' � 7 NAME X1011C I V„ RA AC ADDRESS PROPERTY IDI / %°- C A -, -i NAME PROPERTY ID# NAME PROPERTY IDS` NAME PROPERTY IDI NAME PROPERTY ID# ADDRESS ADDRESS ADDRESS ADDRESS I � 48� Xa1o1vcVJ- /),D ;�o l -7� 8&705 lg /�,� 91d ;U /Sc ? loll l �''31U/, �I ESQ 141)116hUf.r UA :22�6�.S' 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 c Owners' Mailing Address .4, Owners' Telephone No. - - a g�� TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: 11. Please use this page for your sketch of the property. Show proposed and/or existing structures on the property, including measurements to all property lines. I' W�rwC��e� VE cuA v ESRI ArcExplorer 2.0 Bail's Archery CUP /g, Up'���o xxxx /Jsc1 Uy WAIUge nxxx — — — - — - - W c'l tNPA4I,°r S4nioAr� Milc. J 0 0.025 0.05 0.075 N roads (NAME) • House (ADDRESS) parcels floodplain ag2001 Hydrography (LAYER) W1 W 1 T W2 zonecomp (ZONE) B1 f B2 B3 EM HE MI M2 MH1 R5 RA RP • P�o�e 661*rvErS i�cT v� w19Y Wednesday, Feb 6 2002 February 11, 2002 Department of Planning and Development 107 North Kent Street Winchester, Virginia 22601 To Whom It May Concern: I Kim A. Nail of Nail's Archery Shop is petitioning to have an archery range on my property located at 307 Whitetail Lane. The range would be set up on a 15 -acre lot. The targets will be set up on a trail like atmosphere, but not directly on the trail itself. Backstops will be placed behind the 3-D targets (foam life -like animals) for safety. These targets will not be placed in the direct paths of other targets to prevent incident or injury. This range will be for family and friends to have fun outdoors as a sport and safety will never be compromised. I hope you will consider my request. Sincerely, Kim A. Nail ��-d C �s b e. rvh S�©oar To: ASO. 60. �✓�atOAQl�A From: Subject: Date: Pages (including transmittal): M-I-lelPwl-EV i FiG V44 zl^rEs f,'•W/O -57-1,e-e- ,Yee,-7— `%DD� .57,WV4'91*ae�05 . l f��d� .5�r�'!F-a1 7Z� �✓�? 4% &- Ate® /f// 2275 Northwestern Pike Winchester, VA 22603 Phone: (540) 535-1818 Fax: (540) 535-1846 COMMERCIAL, E N__TRANCr4 DESIGNS ALONG HIGHWAYS WITH. SHOULDERS is (English Units) SINGLE TWO-WAY ENTRANCE —Limits a1 Porpinq lot r I i I S� I W N I R!W ^� U U C I \. F ----{ j— F -� Edge of Pavement - NGLE WITH IRIGHT TWO-WAY URN LANENAND NTAPER i ararng LOI I F � I Iv I R/W� U C �( 15 Edge of Pavement —/ LEITER SYMBOL DIMENSIONS A As determined by the Engineer 8 100' or greater. C 25' or greoteli 1n developing areas where it is onlicipoled that the right turn lone will become o continuous thru Ione in the future. on additional 12'is recommended. F 45'or 9reotor, C 12' U 12.5' • 50', The rodit selected shop occommodote the anticipated type of vehicle us0 9e. Larger r0d4should be considered by the designer or may be required by the Engqineer it larger vehicles ore anlitlpoted: however, in no case shollrodius be less thon 12.5'. W 30' • 40' Y 60• 90, Notes: Entrance details shown on this shoot moX be modified to meat specific.site requirements as directed or approved by the Enginter, when based on sound engineering principles, If an Accessible route as delined in 24 VAC 30-71.10 is present, Curb romps in accordance with St'd CC -12 wifl be nr nviel.d 'Ito leer TO: I COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 MEMORANDUM Frederick County Planning Commission Eric R. Lawrence, Deputy Director Public Hearing - Sewer and Water Service Area (SWSA) Expansion Request, Kathryn M. Perry Property DATE: March 21, 2002 Included within this agenda item is information that has been prepared by Chuck Maddox, G. W. Clifford & Associates. Mr. Maddox has requested the expansion of the Sewer and Water Service Area (SWSA) to incorporate a 57.87 -acre parcel in the Shawnee Magisterial District. A small portion of the property is currently in the SWSA. The subject site is identified by Property Identification Number 64-A-116, is zoned B2 (Business General) District, and is located on Millwood Pike (US Route 50 East), north of Westview Business Center. Sewer and water currently exists on the south side of Route 50, within the Westview Business Center. The site is included in the Route 50 East Corridor land use plan, the plan resulting from the land use study undertaken in 1994. The Plan identifies the site for commercial use. The Comprehensive Plans and Programs Subcommittee (CPPS) considered this request during their meeting on February 11, 2002. The CPPS believed that based on the site's present B2 (Business General) District zoning and its proximity to other commercial and industrial uses, it would be appropriate to include the site in the County's Sewer and Water Service Area (SWSA). The Planning Commission and the Board of Supervisors have both reviewed this request in a discussion format. Following the Board's discussion, staff was directed to schedule the SWSA request for public hearing. Attached is the information and mapping provided by the applicant and staff. The mapping illustrates the location of the SWSA, and current zoning in the general vicinity of the subject site. This is a public hearing item, therefore, it would be appropriate to forward a recommendation to the Board of Supervisors. ERL/ch Attachments 107 North Kent Street • Winchester, Virginia 22601-5000 School Board S1 -"L( -j- SWSA Expansion Request Draft �n Inc I1 ICORPORATED 1972 Engineers — Land Planners — Nater Quail --b/ 14 January 2002 Mr. Evan Wyatt, Planning Director County of Frederick 107 N. Kent Street Winchester, Virginia 22601 RE: Kathryn NI. Perry Property Route 50 East 57.87 Acres Dear Evan, Board of Directors: President: Thomas J. O'Toole, P.E. Vim presidents: Charles E. Maddox, Jr., P.E. Earl R. Sutherland, P.E. Ronald A. Mislows6-v. P.E. David J. Saunders_ P.E. Directors: William L. Wright Michael A. Hammer Thomas W. Price Thank you for our recent meeting and phone conversation regarding the above referenced tract. This property is zoned B-2 and is under option for purchase by the Frederick County School Board for use in part as a new middle school site. There are three issues which require your assistance prior to clearing this site for use as a school_ First, the site, although zoned B-2, does not exist within but is adjacent to the County's Sewer and Water 'ervice Area. We need to amend the SWSA map to include this site. The attached Figure I shows how this line ,;an be adjusted to service the 57.87 acres. Second, at present, the County Zoning Ordinance does not specifically allow "schools" as a permitted use. The ordinance for B-2 allows public buildings but schools are not specifically mentioned We know that schools are often included in business zoned areas and we see no good reason why that use should not be included into the list of uses permitted in B-2. Please consider this letter our formal request for "Text Amendment" to the County ordinance in this regard. Finally, the proffers accepted at the time of the 1990 rez:,ning are at"Lached At this time, the County Comprehensive Plan showed this roadway as a major collector extending into the Senseny Road corridor to the north (see Figure 2). The comprehensive plan has since been revised due to Route 37 and VDOT Greenwood Road (S.R. 656) planning to eliminate this collector roadway. The approved proffer calls for the 4 lane road (items 1-5 of proffer) to be extended 700' into the site during phase one of the development (points A to B). Item 5 of the proffer speaks to the construction of a two lane roadway from B to C as development goes from front to rear (south to north) on the site. Paragraph 1 also offers for dedication of 70'right of way from A to C "upon development" of the trace. 117 East Piccadilly Street, Suite 200, Winchester, Virginia 22601 (540) 667-2139 Fax (540) 665-0493 e-mail gwcliff@mnsinc.com Member American Consulting Engineers Council -11be "t ,w-. cilftDi d anij assvciailC s' i Page 2 The changes we request be made to the proffer are attached. These changes request the right of way dedication from B to C and the need for construction of the 2 lane road be eliminated_ The justification is that this road is - not called for extension by the Comprehensive Plan. All other items in the proffer would remain as originally approved_ Please advise of any comments you have on our three requests and we would look forward to any instructions you have on the approval sequence for this request_ Sincerely yours, giibert w. clifford & associates, inc. C_ E. Maddox, Jr., P.E., Vice President CENW Enclosure cc: Nlr_ Rupert Werner, Perry Engineering Co_, Inc_ Mr_ All Omdorff, Frederick County Schools 86�\ \ '� z2579 'j' 7z9 N 1 8SA 1 ism\ I Rt. 655 �� °79A \ "' �?hU� .9 2 • va Rt. 655 SroNEW�' 77 82^,�p0 Li Y � Lane 31 i �` DIST 'a 67f, 81 ,�' ,� a �, X r JH,�WNE DfST. 1c�5 6� Supr�ur st Side MHP ,� yy/ 97 91®, '`wa ,y�P' 95 / )' 3"-721 O 81A �� 54 1O2A' 98 e 104 ,`P o c 80L �h 1 A� OpR h ,o p rF , s 8OK 014 8oF 20-174 EXISTING ` ^ WSA LIN r 80Q \ BGG *1038 t 800 SCH bj 801$-� 103C x//109 . lie 0 1O3A 110 1� 159EJo `\ yy , 80E eb 9 A �` 7s9 159F 116 / I 103 jS9 1 4 x,1590 T` 3 IS �9/ / 159P, 2 (159M 1\ ° 00 a 159D 159H �' r7 113 i � � 1 112 159A , 159E 1136 � y Q i ` j Q 12OA 12 1 y � ]]3A �\ 159 122 149 �... 2 pts. t2 1� cO�rs 150 ° Z47--913 161 123 1463 ey �oDa 151 �s �\ �' 1OA 9 8 / l9rys ��9 177 •, 7 152 �1,24 10 6 0 y 3 2 a o � s � �a � 163 yA ss \ / 153 144 1 178 > 7,3 2 ��..'?' 2 404 e` , 1408 �� 154 137 FREDERICK COUNTY S{�YSA gilbert w. clifford Vassociates,8c inc. II` o SCHOOL BOARD SITE Engineers Land PIaaners Water Quality 0 O II� f 17 E Picedilly St. Winchester, Virginia 22601 fREDER7CK COVA7Y, V/RCIMA VOICE: (540) 667--2139 FAX(540) 665-0493 EWIL gwdiff9mhsinc.cnm COUNTY of FREDERICK Department of Planning and Development 540/665-5651 MEMORANDUM TO: Planning Commissioners FROM: Patrick T. Davenport, Zoning and Subdivision Administrator RE: Request of Exception - Glen W. Russell DATE: March 13 2002 FAX: 540/665-6395 Attached are two exhibits and a letter dated February 21, 2002 from Edwin B. Yost ofKuykendall, Johnston, McKee and Butler, P.L.C., representing Glen W. Russell, potential owner of approximately 81.07 acres, zoned RA (Rural Areas) in the Stonewall Magisterial District. Mr. Russell is proposing a rural preservation subdivision of the undeveloped property currently owned by Cheryl Grim Morris. Exhibit "A" illustrates the proposed rural preservation subdivision containing 16 "cluster lots" and a 40 -acre remaining "rural preservation parcel' on a cul-de- sac length of 2,400. The proposed subdivision layout is possible only with a waiver to the minimum cul-de-sac length requirement. The Subdivision Ordinance § 144-17G(1) specifies that: "Culs-de-sac, permanently designed as such, shall not exceed one thousand (1,000) feet in length. The Planning Commission may waive this 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 turnaround provided shall have a right -of- way radius of not less than fifty feet and a paved radius of not less than forty-five (45) feet. Loop streets are preferred to culs-de-sac, where possible." The subject property contains approximately 800 feet of road frontage along Glendobbin Road. The irregular-shaped property is approximately 4,200 feet long and 1,200 feet wide at the widest point but narrows to 250 feet in width at one point. The irregular shape of the parcel does not allow for the practical development of a loop road nor is a continuation of the proposed road possible due to the existing development of the adjoining property. Exhibit `B" illustrates an undeveloped, irregular-shaped parcel containing approximately 0.87 acres adjoining the southeast corner of the subject property. This parcel is owned by the same owner as the subject property. If the adjacent property located in the Stonewall Industrial Park is developed adjoining this parcel, the developer may not be required to provide the required buffer (Category "C") along this portion of land. An attached comment sheet provided by Frederick County Fire and Rescue Department gives favorable comments with recommended conditions. Should the Planning Commission determine that this waiver request is appropriate, staff requests that as part of the motion for approval, consideration be given to: 1. A lot consolidation with the aforementioned irregular-shaped parcel. 2. Incorporating Fire/Rescue comments into the roadway design plan. 3. Should the proposed layout be altered as a result of inability to obtain health systems, the revised layout will need to be resubmitted for consideration by the Planning Commission. PTD/ch Attachments U-U'atrick\Common\S_D Waivers\Russell waiver reportwpd 107 North Kent Street • Winchester, Virginia 22601-5000 Law Offices KUYKENDALL, JOHNSTON, MCKEE & BUTLER, P.L. C. 112 South Cameron Street jan Kuykendall (19061995) Winchester, Virginia 22601-4733 Peter K. McKee (1934-1967) TELEPHONE 540-662-3486 Benjamin M. Batter FAX 540-667-2180 Stephen G. Butler George W. Johnston III* J. Sloan Kuykendall III Please Reply To: Edwin B. Yost February 21, 2002 Post Office Drawer 2097 *also admitted in West Virginia Winchester, Virginia 2260¢1297 Mr. Patrick Davenport Frederick County Planning Development 107 North Kent Street Winchester, VA 22601 Re: My Client: Glen W. Russell Tax Map Id No.: 43-A-16 Waiver Dear Mr. Davenport: I am writing this letter on behalf of my client Glen W. Russell. At the current time Mr. Russell is attempting to buy 81.0749 acres from Cheryl Grim Morris. Said property is located in Stonewall District and has a tax identification number of 43-A-16. We are requesting a waiver to Section 144-17G(1). What we are requesting is to be allowed to have a cul-de-sac that has a length of 2,300 feet rather than 1,000. I am attaching to this letter a sketch plan of the subject property. The main reason why this is necessary is because the land is oddly shaped. It is not feasible to put two roads or a loop through it. It is a long thin tract of land that is extremely narrow at one point. Please note that this parcel is 81 acres and that 40 acres of it is going to be in the reserve area. This road will only service a total of 16 lots. I would like also to reserve all my rights under Section 144-5. I would ask that this matter be scheduled at the earliest possible date namely the meeting to be held on March 20, 2002 if possible. If you have any questions or need to discuss this matter further, please do not hesitate to call. Very truly yours, C� Edwin B. st FEB " J 2082 EBY/cmj Enclosure ESRI ArcExplorer 2.0 Russell cul-de-sac waiver n0 0 0.1.� 0.2 zonecomp (ZONE) B1 B2 B3 EM HE M1 M2 MH1 R5 RA M RP Thursday, Mar 7 2002 roads (NAME) +� House (ADDRESS) parcels ® floodplain ag2001 Hydrography (LAYER) /`/ W1 /`/ W1T W2 zonecomp (ZONE) B1 B2 B3 EM HE M1 M2 MH1 R5 RA M RP Thursday, Mar 7 2002 FM Planning Commission Request Location Map For: 43-A-16 0 300 800 900 1200 Feet DRAFT .- CURTIS f 43 A WE I O'BRIEN j DOKKEN 43A 17A / I j RUTHERFORD " 43 14 2 RUTHERFORD I' 43 14 3 j !..MARSHALL MILLS, IN6. 43 94 63 ( �, 'I M1 /f MA HALL MILLS, INC. _ 3 9 4 64 i LENOIR CITY COMPANY _ 43 19 40 - li MA 16 ORRIS IMCKOWN jMI RA i 13 RAA 16 I " LENOIR CITY COMPANY MARSHALL MILLS, INC. J I M7 M7 - 43 84 65 % ( / 43 19 2 43 19 44 ' I i f LENOIR CITY COMPANY LBR ASSOCIATES LLC 1 43 Bd BB (f MORRIS -1 M1 43 19 47 MARSHALL MILLS, INC, I 43 A 1i s� Mt SPAHR METRIC INC; r \ i I 43 9467 I _ MARSHALL MILLS, INC t I . LENOIR CITY COMPANY 1 �I 43 19 2 Mt y 43 9468 iY MARSHALL MILLS, INC. 43 9 4 89 MARSHALL MILLS, INC. i T- MARSHALL MILL8, INC43 94 M . � 43 91 71 MARSHALL MILLS. INC. MAiiSHALL MILLS, INC. 43 94 72 % i 43 94 4 j MA3HA MILLS, INC. FM Planning Commission Request Location Map For: 43-A-16 0 300 800 900 1200 Feet DRAFT Other recommendion A pond with a dry hydrant would be beneficial to five protection and possibly insurance rates Emergency Vehicle Access Not Identified Siamese Location Not Identified R�M.Cjulrements Hydrant Location Not Identified Roadway/Aisleway Width Not identified Fire Lane Required No Special Hazards yes Emergency Vehicle Access Comments IIJ;:;DA 293 requires 'a wj:lth of 2,2 tee# ml a va tiz:3l clenrunza zf 341.3 5zet. 7h,3 ril- a13-5n: 5,11zJJ1 ?7373 D iS77.Y73m3Jm rv:.3za s OF 57 13Z't f.i'OM tIS2 rentar Joint ,Fou' n to"231 3jjmms.i2Y Df I f2e'i Dr g1eMter,7e7 7:PA X39 S-2's'"tld".37 5-3.'1D. Access Comments All z37'1-1e,vm-J5 Shm11 b73 U 17-In7:r7 lim C$ 12 :ane# i° i4e tD pey-mit n Hre i" epriY'tmant pU7]m]: aY to PUB anti"aly Dr t"ve rand"V:31 so thr't O'th27 MAP- tutus MM MM -12 M-rES5 par N;:PA 339 sact5on 5 -3.2 - Additional Comments '01e would ecomrnend approval contingent on all of the preceding comments. A road of this length without any cross streets or loops creates a difficult turn around situation for large emergency vehicles.When a fire incident occurs, multiple large vehicles respond. If we do not have these preceding din-ensions, a battl;; nick would be created 'because of the inability to turn around thereby hindering cur agility to get Water or other resources to the scene. Plan Approval Recommended Reviewed By Signiture t Yes K 3teudl Title Ass -1. 1 i�\ ' - � rr arsr Control number Date received Date reviewed Date Revised SD02-0007 2/29/02 3/5/02 Project Name Applicant RUSSELL SUBDIVISION cul-de-sac waiver GLEN RUSSELL Address City State Zip Applicant Ph PO BOX 2097 WINCHESTER VA 22601 540-662-3496 Type Application Tax ID Number Fire District Rescue District SUBDIVISION 43-A-16 73 13 Current Zoning R Election District Recommendations STONEWALL Automatic Sprinkler System Automatic Fire Alarm Syste Residential Sprinkler System No No No Other recommendion A pond with a dry hydrant would be beneficial to five protection and possibly insurance rates Emergency Vehicle Access Not Identified Siamese Location Not Identified R�M.Cjulrements Hydrant Location Not Identified Roadway/Aisleway Width Not identified Fire Lane Required No Special Hazards yes Emergency Vehicle Access Comments IIJ;:;DA 293 requires 'a wj:lth of 2,2 tee# ml a va tiz:3l clenrunza zf 341.3 5zet. 7h,3 ril- a13-5n: 5,11zJJ1 ?7373 D iS77.Y73m3Jm rv:.3za s OF 57 13Z't f.i'OM tIS2 rentar Joint ,Fou' n to"231 3jjmms.i2Y Df I f2e'i Dr g1eMter,7e7 7:PA X39 S-2's'"tld".37 5-3.'1D. Access Comments All z37'1-1e,vm-J5 Shm11 b73 U 17-In7:r7 lim C$ 12 :ane# i° i4e tD pey-mit n Hre i" epriY'tmant pU7]m]: aY to PUB anti"aly Dr t"ve rand"V:31 so thr't O'th27 MAP- tutus MM MM -12 M-rES5 par N;:PA 339 sact5on 5 -3.2 - Additional Comments '01e would ecomrnend approval contingent on all of the preceding comments. A road of this length without any cross streets or loops creates a difficult turn around situation for large emergency vehicles.When a fire incident occurs, multiple large vehicles respond. If we do not have these preceding din-ensions, a battl;; nick would be created 'because of the inability to turn around thereby hindering cur agility to get Water or other resources to the scene. Plan Approval Recommended Reviewed By Signiture t Yes K 3teudl Title Ass -1. 1 i�\ ' - \ LOT 68 LOT 67 SP LOT gs RING ✓pLLE Y SECTION 4 i LOT 64 LOT 6,3 o i <o 0 rl a G SKETCH PLRN FOR CUL DE SRC WRIVER o + 1 sGe LRND OF s 1 Q CHERYL GRIM MORRIS �Q RESERV s0.4C3' S AC 3 14 ZS <O� STONEWALL DISTRICT E CEss AC, SO FREDERICK COUNTY, VIR6INIR RESERVE �RgCr ; / ✓ 2 AC, 0 0 �� !1 NS U 16 2 AC . G :IDS115 to, 3 5 AC Vol zl 13 �/ a0 , 'k4 �i rM 3 AC. 2 AC. C �� 2 2 AC. O 2 2 AC. m Ig S 22022'4 2 AC, i 7 ; \ 2 STRIP TO BE COMBINED WITH RESERVE TRACT co MCKOW 2"W 203! 2 AC; 6 , _ l ~ 3 5 11022' "W 1161.26' — N 24' 2 AC, ' S 4 , 2 qC. -� LENOIR CITY 16 .57' * AC, I 2 AC ' Oy (STONEWALL INDUSTRIAL PARK) 5 18038'5 • 472. 1' 37373_.55, � :...It NOTE: CUL pE SAC LEN, 5 16013' 16"W_ 5 15058'29 1 r IS 2400 FEET CONTRACT OWNER: GLEN W. RUSSELL REV, 2/28/02 FURSTENAU SURVEYING 540 662-9323� z, '' ' TDATE: FEBR. 20, 2002 111 SOUTH LOUDOUN STREET WINCHESTER, VIRG1NU 22601 ale: r• = 300• AX MAP 43-A-15A,16,i7 --