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HomeMy WebLinkAboutPC 01-15-03 Meeting AgendaAGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia JANUARY 15, 2003 7:00 P.M. CALL TO ORDER TAB 1) Election of Officers, Meeting Schedule, & Committee Appointments for 2003 ... (no tab) 2) November 20, 2002 and December 4, 2002 Minutes .......................... (A) 3) Committee Reports ................................................. (no tab) 4) Citizen Comments .................................................. (no tab) PUBLIC HEARING 5) Conditional Use Permit #16-02 of Shared Towers, Inc./White Tail Lane Tower, submitted by Greenway Engineering, for a time extension to a previously -approved condition associated with CUP #22-01 for a 195 -foot -high lattice -type telecommunications facility. This' property is located on White Tail Lane off of North Frederick Pike (Route 522N) and is identified with Property Identification Number 19-A-27 in the Gainesboro Magisterial District. (Mr. Lawrence) ........................................................ (B) 6) Conditional Use Permit #01-03 of Jackie F. Lichliter for a Cottage Occupation - Gunsmith/Gunshop. This property is located at 251 Christmas Tree Lane and is identified with Property Identification Number 45-A-25 in the Stonewall Magisterial District. (Ms. Ragsdale)....................................................... (C) 7) Conditional Use Permit #02-03 of Timothy E. Felty for a Dog Kennel (breeding only). This property is located at 536 Fletcher Road and is identified with Property Identification Number 26 -A -39G in the Back Creek Magisterial District. (Ms. Ragsdale)....................................................... (D) 8) Conditional Use Permit #03-03 of Daniel E. Whitacre for a Cottage Occupation - Machine Shop. This property is located at 519 Turtle Meadow Drive and is identified with Property Identification Number 51-A-9 in the Back Creek Magisterial District. (Mr.Cheran).......................................................... (E) 9) Rezoning #01-03 of Frederick Block Company, submitted by Greenway Engineering, to rezone 2.63 acres from RP (Residential Performance), B2 (Business General), and M1 (Light Industrial) to B2 (Business General); and 2.01 acres from RP (Residential Performance), B2 (Business General), and Ml (Light Industrial) to B3 (Industrial Transition). This property is located on the eastern side along Martinsburg Pike (Route 11 North, approximately 3,400 feet north of the intersection of Rt. II and Lee Avenue, and is identified with Property Identification Numbers 54A -1-15B, 54A -1-15C, 54A-1-151); and 54A-1-16 and 54A-1-17 in the Stonewall Magisterial District. (Mrs. Kennedy)........................................................ (F) PUBLIC MEETING 10) Master Development Plan #01-03 of Canter Estates, Section V, submitted by Greenway Engineering, for 200 single-family detached urban lots. This property is located on the west side of Front Royal Pike (Rt. 522 South) approximately 1,200 feet south of Parkins Mill Road (Rt. 644), and is identified with Property Identification Numbers 76-A-22 and 76-A-23 in the Shawnee Magisterial District. (Mr. Camp) .......................................................... (G) 11) Substantial -in -Accord Review of the Proposed 4" Middle School, as submitted by Frederick County Public Schools, for conformance to the County's Comprehensive Policy Plan. The proposed site is located along the Front Royal Pike (Route 522 South) corridor, close to the intersection of Paper Mill Road, in the Shawnee Magisterial District. (Mr. Lawrence) ....................................................... (H) 12) Request for Sewer and Water Services to extend beyond the Sewer and Water Service Area (SWSA) to serve the proposed 4t' Middle School site. The proposed site is located along the Front Royal Pike (Route 522 South) corridor, close to its' intersection with Paper Mill Road, in the Shawnee Magisterial District. (Mr. Lawrence) ........................................................ (I) 13) Request to Expand the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA), submitted by Greenway Engineering, to incorporate approximately 7 acres of property referred to as the Russell Farm. The property is identified by Property Identification Numbers 76-A-5 and 64-A-37, zoned RA (Rural Areas) District, in the Shawnee Magisterial District. (Mr. Lawrence) ........................................................ (J) 14) Other MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on November 20, 2002. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; Roger L. Thomas, Vice Chairman/ Opequon District; Cordell Watt, Back Creek District; Robert A. Morris, Shawnee District; Pat Gochenour, Red Bud District; Marie F. Straub, Red Bud District; Richard C. Ours, Opequon District; Charles E. Triplett, Gainesboro District; John H. Light, Stonewall District; Gene E. Fisher, Citizen at Large; Vincent DiBenedetto, Winchester City Liaison; and Jay Cook, Legal Counsel. ABSENT: George J. Kriz, Gainesboro District; Greg L. Unger, Back Creek District; William C. Rosenberry, Shawnee District; and Robert Sager, Board of Supervisors' Liaison. STAFF PRESENT: Eric R. Lawrence, Planning Director; Christopher M. Mohn, Deputy Planning Director, Abbe S. Kennedy, Senior Planner; Rebecca Ragsdale, Planner I; and Renee' S. Arlotta, Clerk. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. COMMITTEE REPORTS Comprehensive Plans & Programs Subcommittee (CPPS) - 11/11/02 Mtg. Commissioner Light reported that the CPPS again discussed the Northeast Land Use Plan, focusing on several of the boundaries in the vicinity of the Shockey property, and entertained a HUD proposal for the Shockey properties. Commissioner Light said that after considerable discussion, the members were tasked with submitting their own individual ideas for the area. Frederick County Planning Commission Minutes of November 20, 2002 Page 964 -2 - Historic Resources Advisory Board (HRAB) - 11/19/02 Mtg. Commissioner Gochenour reported that the HRAB heard a presentation from Charles W. Maddox, Jr. of G.W. Clifford & Associates, Inc. regarding two tracts of land. Cormnissioner Gochenour said she expressed the desire to see a map developed by the Shenandoah Valley Battlefields Foundation, which is anticipated for public release on December 9. She believed everyone was anxiously awaiting the release of this map because the County's Comprehensive Plan is very clear concerning preservation of historic sites. Winchester Planning Commission (WPC) - 11/19/02 Mtg. Mr. Vincent DiBenedetto, Winchester City Liaison, reported that the WPC held a public hearing on a subdivision for 17 new homes and a number of issues were raised; he said that action on the subdivision was tabled. Mr. DiBenedetto said that the WPC has begun to study several text amendments regarding definitions and by -right uses. PUBLIC HEARING Conditional Use Permit #14-02 of Barbara and Casey Ray for a Day Care Facility to be located at 1501 Jordan Springs Road. This property identified with P.I.N. 56-3-2-10 in the Stonewall Magisterial District. Action - Recommended Approval with Conditions Commissioner Ours and Commissioner Fisher said they would abstain from all discussion and voting on this application. Planner Rebecca Ragsdale reported that day care facilities are permitted in the RP (Residential Perforniance) District with an approved Conditional Use Permit. She said a day care facility is defined by the zoning ordinance as a facility in which more than five children, not including those children related to the people who maintain the facility, are received for care, protection, and guidance during only part of the 24-hour day. Planner Ragsdale said the proposed day care facility would be conducted within the principal structure on the two -acre property. She noted that the applicant does not propose to have employees and would care for no more than 12 children. There were no disapproving agency review comments. Mrs. Barbara Ellen Ray, the owner and applicant, was in the process of obtaining a license with the Commonwealth of Virginia Department of Social Services as a Family Day Home. Mrs. Ray explained that State licensing requirements allow her to care for a maximum of eight children, ages three to four, or a maximum of 12 older children without additional employees. She did not plan on having additional employees, but wanted her conditional use permit to allow for the maximum number of children permitted under the State licensing requirements. Frederick County Planning Commission Minutes of November 20, 2002 Page 965 -3 - Chairman DeHaven called for public comments and the following person came forward to speak: Mrs. Ethel Anderson, resident at 1482 Jordan Springs Road, was opposed to the conditional use pen -nit because of the possible negative impact this business might have on the neighboring residential property values. The Planning Commission had no outstanding issues with this request. Upon motion made by Conunissioner Light and seconded by Commissioner Morris, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit # 14-02 of Barbara and Casey Ray for a Day Care Facility at 1501 Jordan Springs Road with the following conditions: The applicant shall satisfy the licensing requirements of the Virginia Department of Social Services and the County of Frederick. 2. The number of non-resident children allowed at this day care facility shall total no more than twelve (12). Any proposed business sign shall conform to Cottage Occupation sign requirements and should not exceed four (4) square feet in size. 4. All review agency comments shall be complied with at all times. Any expansion or change of use will require a new Conditional Use Permit (CUP). (Please Note: Commissioners Fisher and Ours abstained; Commissioners Kriz, Rosenberry, and Unger were absent from the meeting.) Rezoning #08-02 of Bowman/ Shoemaker (tabled at the 09/04/02 meeting) submitted by Greenway Engineering to rezone 10.09 acres from RA (Rural Areas) to B2 (Business General) District. This property is located south on Fairfax Pike (Rt. 277), approximately 800' east of the intersection of Rt. 277 and Double Church Road (Rt. 641), and is identified with P.I.N. 86-A-81 in the Opequon Magisterial District. Action - Tabled Until 12/18/02 Planner Jeremy F. Camp stated that if rezoned, the property would be developed in two phases; Phase I would include the utilization of the existing dwelling for an office building and Phase II would include the development of additional offices and/or conunercial uses. Planner Camp stated that on September 4, 2002, the Planning Commission tabled the rezoning for 60 days in order to give the applicant the opportunity to Frederick County Planning Commission Minutes of November 20, 2002 Page 966 -4 - address the transportation concerns identified by the Planning Commission. In particular, the Planning Commission was concerned about the potential impacts of Phase II, if it were to be developed prior to the future road improvements of Fairfax Pike (Rt. 277). Planner Camp reported that a revised application, impact analysis statement, and proffer statement were submitted on October 25, 2002 by the applicant; he proceeded to summarize each of the documents for the Commission. One significant item was that Phase II was now proposed for office or commercial uses; the original application proposed only office uses. Planner Camp calculated a 40% increase in traffic to Fairfax Pike with this change. In addition, Planner Camp noted that a list of restricted land uses were included in the revised proffer statement. He pointed out that the revised proffer indicates that detailed traffic studies will be conducted for each site plan proposed for Phase II and any improvements necessary to maintain a Level of Service C or better will be implemented by the applicant. As with previous reviews, Mr. Camp again raised the staffs concern regarding the appropriateness of the rezoning, due to the fact that the property is not located within the Urban Development Area (UDA) or the Sewer and Water Service Area (SWSA). Mr. Evan A. Wyatt with Greenway Engineering came forward to represent the applicant, Beverly B. Shoemaker, in this rezoning. Mr. Wyatt argued that there was not necessarily a County requirement or policy stipulating that properties be within the UDA or the SWSA to qualify for rezoning approval. He pointed out that the application did include a revised proffer that precluded development in Phase II until the property is entitled to have public sewer and water service. Mr. Wyatt continued, stating that the proffers have been revised to address the Commission's transportation concerns. Specifically, he explained that the revised proffer stated that a detailed traffic study would be conducted for each site plan of Phase II and, furthermore, the developer would pay for all road improvements required by VDOT. Mr. Wyatt also pointed out the potential to enter into a signalization agreement with VDOT and the provisions for establishing a collector road providing a linkage from Rt. 641 into the site. Despite the revisions, Commissioners continued to have concerns regarding the impacts of Phase II traffic on Fairfax Pike (Rt. 277), especially at peak traffic periods when trips generated by the high school, the proposed office building, and shopping centers would simultaneously converge on the roadway. It was noted that the transportation impacts of the proposed Phase II development may be difficult to mitigate until Fairfax Pike was improved to accommodate the projected traffic volume. It was acknowledged that the scope of improvements necessary to enable the additional trips may ultimately involve the expansion of Fairfax Pike to a four -lane roadway extending from the I-81 interchange all the way to Double Tollgate. Due to these outstanding concerns, the Commission did not believe they could forward a recommendation of approval to the Board of Supervisors until the issue of Phase II traffic impacts was satisfactorily resolved. Some discussion ensued on the possibility of establishing a maximum number of vehicle trips per phase. Mr. Wyatt offered to revise the proffer statement by eliminating B7 in its entirety and specifying that Phase Il will be done in two steps: maximum of 250 trips for the first step and the second step conditioned on the Rt. 277 improvements. Chairman DeHaven called for public comments, but no one came forward to speak. Conunissioner Thomas made a motion, which was seconded by Commissioner Ours, to recommend approval of the rezoning with the revised proffer statement and conditions offered by the applicant. Frederick County Planning Commission Minutes of November 20, 2002 Page 967 -5 - Mr. Jerry Copp, VDOT's resident engineer, expressed concern that the established traffic impact analysis process would be undermined by agreements between the County and the applicant that artificially establish the maximum vehicle trips permitted for a given development, regardless of their location on the road and the ultimate impact of the proposal on the system as a whole. This approach was identified as possibly piecemeal in nature and, therefore, contrary to identifying the managing impacts comprehensively. f r. Copp adv..,ed that deviation from the traffic impact process in this case would be especlaily risky given the general agreement that Fairfax Pike had already reached its saturation point as it could result in the introduction of "fatal flaws" into the transportation system. Chaim-ian DeHaven called for a vote on the motion, however, it was defeated by the following vote: YES (REC. APPROVAL): Thomas, Ours, DeHaven, Morris NO: Triplett, Fisher, Light, Watt, Gochenour, Straub (Please Note: Commissioners Kriz, Unger, and Rosenberry were absent from the meeting.) Mr. Wyatt returned to the podium and offered to produce written revisions to the transportation component of his proffers addressing the stated concerns of VDOT and the Commissioners so that a negative recommendation from the Commission could be avoided. On the applicant's behalf, Mr. Wyatt agreed to waive the statutory time requirements for action on the application to enable its tabling so that sufficient time would be available for preparation and submission of the revised proffer language. Mr. Wyatt offered a revision that would state the following: 1) Phase Il, Step A, will not exceed 250 tpd; 2) Phase II, Step B, will not be developed until Fairfax Pike (Rt. 277) is improved; and 3) a traffic study will be conducted for each site plan of Phase II to ensure that acceptable levels of service will be maintained. Planning Conunissioners and VDOT's resident engineer believed these revisions represented an appropriate resolution of identified concerns and, therefore, the Commission unanimously agreed to the tabling of the rezoning until the Commission's second meeting in December. Upon motion made by Commissioner Ours and seconded by Commissioner Triplett, BE IT RESOLVED, That the Frederick County Planning Commission does hereby accept the applicant's request to waive the statutory time requirements for action on the rezoning and does hereby unanimously agree to table Rezoning Application #08-02 of Bowman/ Shoemaker, submitted by Greenway Engineering, to rezone 10.09 acres from RA (Rural Areas) to B2 (Business General), until December 18, 2002, in order for the applicant to have sufficient time for preparation and submission of the revised proffer language. Rezoning Application #10-02 of The Village at Harvest Ridge (tabled at the 09/18/02 meeting), submitted by G. W. Clifford & Associates, Inc. to rezone 16.92 acres from RA (Rural Areas) to RP (Residential Performance) District. This property is located south and adjacent to Route 622 (Cedar Creek Grade) bordering the City/ County line, and is identified with P.I.N. 63-A-2. An adjoining 9.82 -acre tract, zoned Frederick County Planning Commission Minutes of November 20, 2002 Page 968 KIM RP and identified with P.I.N. 63-A-3, is submitted for proffer amendments to the residential density. The combined tracts, totaling 26.74 acres, are located within the Shawnee Magisterial District. Action - Recommended Approval with Stipulations Commissioner Ours stated that he would abstain from all discussion and voting on this application due to a possible conflict of interest Senior Planner Abbe S. Kemiedy gave the background information and summarized previous meeting discussions concerning this rezoning. Planner Kennedy stated that the revised application appropriately met county requirements and the final plat includes the necessary revisions to address issues raised by the Planning Commission and citizens from the September 18, 2002 public hearing. She added that one concern of the staff remains involving potential impacts to surrounding residential land uses and the staff is recommending that a residential separation buffer or landscape screen be formally specified in terms of distance and plant materials as part of the rezoning request. She said that staff is advising that the buffers be implemented on the east, south, and west of the project, as the small -lot housing will adjoin single-family detached homes in the City of Winchester and existing single-family homes in the RA District. Planner Kennedy continued, requesting that the Commission forward a recommendation to the Board regarding the following: 1) the provision of a state road connection to Cedar Creek Grade near the Homespun property be eliminated as a condition of the original Urban Development Area (UDA) expansion; and 2) the inclusion of the Homespun property (P.I.N. 63 -A -2H) within the UDA. Mr. Charles W. Maddox, Jr., of G. W. Clifford & Associates, Inc., representing Graystone, an L.L.C. owned by Mr. Ritchie Wilkins and Mr. James Vickers, came forward to answer questions from the Commission. Mr. Maddox presented a generalized development plan to the Commission. The Commissioners believed that an issue raised by the City of Winchester, concerning setbacks for proposed homes against the adjacent existing conventional development within the City was a legitimate concern. Specifically, the concern was that an adjacent, existing homeowner within the City, would expect a 25'-35' rear yard for any new homes backing up to their side yard. Mr. Maddox stated that those expectations will be met. The Commissioners also discussed with the applicant the design revisions involving the provision of evergreen screening, the preservation of existing vegetation, and buffers. Mr. Maddox stated that the screening between the proposed development and the City of Winchester will meet the County's internal landscape screen requirements and, in addition, the perimeter of the proposed development will meet Frederick County's ordinance requirements for a full or landscape screen. Chairman DeHaven called for public comments and the following persons came forward to speak: Mr. Tony Govello, an adjacent property owner within the City of Winchester, at 915 Westview Lane, was pleased with the increased buffer and the elimination of the direct access to Cedar Creek Grade. Mr. George Cather, an adjacent property owner, was concerned about whether or not the existing fence would remain in order for the property line to be well -marked. Frederick County Planning Commission Minutes of November 20, 2002 Page 969 -7 - Mr. R. J. Turner of Turner, L.L.C., the owner of the Homespun property, stated that he and the developers have worked out a mutually satisfying agreement on the Homespun's access. Mr. Turner believed the result would be beneficial to the County because it was one of the entrance areas into the City of Winchester. The Planning Commission believed the revisions presented addressed the issues previously raised by the Commission and citizens. No other areas of concern were raised. Upon motion made by Commissioner Triplett and seconded by Commissioner Light, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of the revised Rezoning Application #10-02 of The Village at Harvest Ridge, submitted by G. W_ Clifford & Associates, Inc. to rezone 16.92 acres from RA (Rural Areas) to RP (Residential Performance) District and to amend the residential density proffers on the adjoining 9.82 -acre tract, zoned RP, with the following stipulations: 1) the provision of a state road connection to Cedar Creek Grade, near the Homespun property, is to be eliminated as a condition of the original UDA expansion; and, 2) the inclusion of the Homespun property (P.I.N. 63-A-21-10 in the UDA. (Please note: Commissioner Ours abstained from voting; Commissioners Kriz, Unger, and Rosenberry were absent from the meeting.) Request to Expand the Urban Development Area (UDA), submitted by Christopher Consultants, LTD, to incorporate approximately 26 acres of a 132 -acre parcel known as the "Racey Tract." This tract is identified with Property Identification Number 85-A-140, zoned RA (Rural Areas) District, and is located southwest of the Woodside Estates subdivision in the Opequon Magisterial District. Approximately 106 acres of the tract are presently located within the UDA. Action - Recommended Approval Planning Director Eric R. Lawrence stated that the Commission has previously seen this request as a discussion item and it is now before the Commission as a public hearing. Director Lawrence stated that the staff has received the request from Christopher Consultants, LTD to incorporate approximately 26 acres of the 132 -acre "Racey" tract within the Urban Development Area (UDA); approximately 106 acres of the tract are presently located within the UDA. Director Lawrence said the Comprehensive Plans and Programs Subcommittee (CPPS) believed that having the entire property within the UDA made sense from a comprehensive planning prospective, even though there were concerns about the adjoining agricultural district, located immediately south and east of the property. He said that during discussion by the Planning Commission, it was believed that if and when a rezoning request was ever presented, the applicant would be expected to address and resolve the transportation and buffering concerns against the Agricultural District. He pointed out that although the property is currently landlocked, some easements and local streets could be utilized. Mr. Louis Canonico, P.E., Vice President with Christopher Consultants, came forward as the representative for the applicant, SCP, Inc. Mr. Canonico explained that since the initial discussions about this Frederick County Planning Commission Minutes of November 20, 2002 Page 970 -8 - property, basically all of the active development area has been moved away from the agricultural district boundaries a minimum of 150' and wider in certain areas. He said that approximately 14 acres, about half of the area moved into the UDA, would remain as a permanent open space buffer adjoining the Agricultural District boundary. In addition, he said the applicant will berm and landscape the boundary in accordance with some of the recommendations in Mr. Stetzel's proposal. In addition, Mr. Canonico stated that they understand the Commission's and the Board's concerns regarding transportation. He said that SCP, Inc. has retained a traffic consultant who has been working on a detailed traffic study analyzing existing conditions, as well as the potential impacts, from the Racey tract; he said they've had several meetings with VDOT. Mr. Canonico said he completely understood that the transportation and traffic situation will have to be dealt with as a part of a rezoning application. He pointed out that the focus of the request tonight, however, was on adjusting the UDA boundary, which needs to be approved before they could move forward. Chairman DeHaven inquired ifthe 150' distance from the agricultural boundary was measured from the edge of the right -of --way or the center of the pavement. Mr. Canonico replied that the 150' minimum would be from the existing property line, which would be the UDA boundary, and the 80' right-of-way would be totally within that 150'. Commissioner Thomas did not doubt that residential use was appropriate for this property; he was pleased with the buffer along the adjacent agricultural property, noting it was far above what is normally required. Commissioner Thomas advised Mr. Canonico, however, that inclusion of this property within the UDA did not guarantee its rezoning. Commissioner Thomas said the proposal is for the majority of traffic to come out on Town Run Lane, which empties into one of the five worst intersections in Frederick County on Rt. 277. He cautioned the applicant to come up with a different transportation plan; he was emphatic that this was not where the traffic should go. Mr. Canonico conceded they have received this message in all of their meetings with County officials and neighboring citizens. He maintained that this option continues to be examined through traffic consulting work and consultations with VDOT. Mr. Canonico reaffirmed they understood the problems of trying to come out in that direction and were continuing to explore other options; he hoped to have the rezoning application mitigate the impacts and potentially improve the situation. Commissioner Ours advised Mr. Canonico to inform prospective buyers of their proximity to the adjacent working farms in the Agricultural District. Mr. Canonico believed they would be able to craft the language necessary to put prospective purchasers on notice. Commissioner Ours agreed with Mr. Thomas on the transportation issues and believed the transportation plan should encompass everything down to and including Double Church. Chairman DeHaven called for public comments and the following persons came forward to speak: Mr. Richard Racey, resident of Redbud District and the property owner's nephew, spoke in favor of the development of the Racey property. He believed the developer had worked very closely with the County, that the proposal presented would be good for the County, and he believed the traffic issues could be worked out. Mr. Racey asked the Commission to move forward with this proposal so things could be Frederick County Planning Commission Minutes of November 20, 2002 Page 971 -9 - accomplished for his family and the County. Mr. Gary Stonton, property owner to the south, stated that a very large buffer is needed where residential subdivisions and the agricultural community adjoin; he believed a 300' buffer was necessary, not just 150'-200'. Mr. Stonton pointed out problems with litter and people trespassing on farmers' property by walking their dogs, running four -wheelers, etc. Commission members agreed that the UDA should be based on property line boundaries and not on drainage or other boundaries. Upon motion made by Conmussioner Thomas and seconded by Commissioner Ours, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of the request to expand the Urban Development Area (UDA), submitted by Christopher Consultants, LTD, to incorporate approximately 26 acres of a132 -acre parcel known as the "Racey Tract." This tract is identified with Property Identification Number 85-A-140, zoned RA (Rural Areas) District, and is located southwest of the Woodside Estates subdivision in the Opequon Magisterial District. Approximately 106 acres of the tract are presently located within the UDA. The vote was as follows: YES (REC. APPROVAL TO INCORPORATE IN UDA): Triplett, Fisher, Ours, Thomas, Light, Morris, Watt NO: Gochenour, Staub (Note: Commissioners Rosenberry, Unger, and Kriz were absent from the meeting.) PUBLIC MEETING Request of Foxe Towne Plaza, submitted by G. W. Clifford & Associates, Inc., for a waiver to the Frederick County Code, Chapter 144, Subdivision Ordinance, Section 144-24(C), which would enable access to proposed commercial lots via private easement, in lieu of direct access from a public roadway. The site is located southeast of the intersection of North Frederick Pike (Rt. 522 North) and Route 37, and to the west of Fox Drive (Rt. 739). The property is identified with P.I.N. 42-A-195 in the Stonewall Magisterial District. Action - Recommended Approval Deputy Planning Director Christopher M. Mohn stated that Mr. Charles E. Maddox, Jr., P.E. of G. W. Clifford & Associates, Inc., representing KRA Food Services, L.L.C., owner of approximately 5.649 acres, zoned B2, has submitted a request for a waiver of the public road access requirements for the proposed Foxe Towne Plaza subdivision. Deputy Director Mohn said the proposal involves the creation of four commercial lots from a 5.649 -acre parcel. He said that in this case, the applicant has proposed that the internal Frederick County Planning Commission Minutes of November 20, 2002 Page 972 -10- lots of the subdivision be accessed by private easement; the approved MDP for Foxe Towne Plaza depicts the development of four individual commercial uses on a single parcel. Deputy Director Mohn noted that the provision of public access to this site was a concern of the Board of Supervisors during their consideration of the MDP; the result of this concern was the required F F dge Lane r VDOT standards from its intersection ivith Fox Drive to the entrance of the it;lprovemcnt of i vxr iurJ�. i.cuie w commercial center. He said that the proposed subdivision represents a departure from the parcel configuration presented on the approved MDP and, therefore, involves an alternative circulation plan that includes direct public road access for each proposed lot. He explained that if granted, the requested waiver will result in a circulation system that relies exclusively on independently owned and maintained parking and travel areas for access to the internal lots. He advised that traffic generated by the internal uses will be required to cross adjoining lots and possibly contribute to an unsafe, inefficient circulation pattern. Deputy Director Mohn continued, stating that it is possible to serve each of the proposed lots by a public roadway as required by the subdivision ordinance and he pointed out that a cul-de-sac built to VDOT standards could be extended into the proposed development from Foxridge Lane, resulting in direct public access to the internal commercial uses. Mr. Charles E. Maddox, Jr., P.E. with G. W. Clifford & Associates, Inc. came forward to represent the request. Mr. Maddox said that during the initial implementation of their project, it was anticipated that all of the parcels would be on "lease-hold" interest; however, as the process progressed, the possible future need to partition off these parcels and sell them as "fee-simple" parcels was realized. He said that this change of development has brought him before the Commission today; he stated that nothing has been proposed that would change the approved MDP. Mr. Maddox said their request is simply for a waiver of the subdivision ordinance requirement that requires all lots to have a useable access point to a state-maintained road. He added that they are proposing a property owners association to manage the system of right-of-ways through the project that will be owned and maintained by the commercial interests. Mr. Maddox continued, presenting his proposal for a circular traffic motion throughout the project, which he believed was superior to a single point of access, such as a cul-de-sac. He reasoned that a cul-de-sac could not adequately handle commercial traffic with multiple access points. In his opinion, moving traffic tangentially through a cul-de-sac, while circular motions are possible, leads to confusion and does not function as an effective commercial connector. Mr. Jerry Copp, VDOT's resident engineer, stated that if the County Board of Supervisors requested that VDOT take in the section of Foxridge Lane extending from Fox Drive, VDOT would grant the request only because the private residences along Fox Lane would qualify that street to come into the system. His primary concern was for adequate radius of the turn -around at the point between the residential and commercial area. Chainnan DeHaven stated that before he would cast a favorable recommendation on this waiver request, he would want to see a turn -around that was acceptable to VDOT. Chainnan DeHaven asked Mr. Maddox if he believed he could provide an acceptable turn -around without destroying the existing vegetative screening that is so important to the residents of Fox Ridge. Mr. Maddox felt confident he could turn traffic around inside the project by granting an easement to the State, which he has accomplished with other projects. Frederick County Planning Commission Minutes of November 20, 2002 Page 973 Chairman DeHaven called for public continents and the following persons came forward to speak: Mr. Erin Howard, a resident of Fox Ridge, did not believe there was enough room to accomplish the turn -around Mr. Maddox described. Mr. Howard was also concerned about commercial traffic, blowing trash and debris, noise, and trespassing because of the proximity of his driveway. Mr. Ted Kiracoff, a resident at 103 Fox Court, stated that the Planning Commission recommended approval of the MDP to the Board of Supervisors with the deletion of the entrance road onto Foxridge Lane, which was agreeable to the residents in Fox Ridge. He pointed out that sometime between the Commission and Board meetings, that decision was changed. Mr. Kiracoff was concerned about the commercial traffic the residents would be exposed to, the possibility that a proposed cul-de-sac may interfere with a stormwater detention pond near his property, and who would be responsible for any liability. Members of the Commission preferred to have the emergency access through the Kentucky Fried Chicken site, which was their previous recommendation during their review and approval of the subdivision stage of this development. However, in light of how this proposal has progressed to this point in time, they believed the use of Foxridge Lane for access to the proposed commercial development should be minimized to the extent possible. It was generally agreed that utilization of a privately -maintained circulation system to access internal lots was more desirable than the extension of a public road into the subdivision. Upon motion by Commissioner Light and seconded by Commissioner Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of the request of Foxe Towne Plaza, submitted by G. W. Clifford & Associates, Inc., for a waiver to the Frederick County Code, Chapter 144, Subdivision Ordinance, Section 144-24(C), which would enable access to proposed commercial lots via private easement, in lieu of direct access from a public roadway, with the condition that the applicant incorporate the turn -around radius desired by VDOT with the design of the public section of Foxridge Lane. The vote was as follows: YES (REC. APPROVAL): Triplett, Ours, Thomas, Light, Morris, Watt, DeHaven, Fisher, Straub NO: Gochenour (Please Note: Commissioners Kriz, Unger, and Rosenberry were absent from the meeting.) Frederick County Planning Commission Minutes of November 20, 2002 Page 974 -12 - OTHER FREEDOM OF INFORMATION ACT MEETING Plarming Director Eric R. La-,NTcnce announced an upcoming meeting regarding the Freedom of Information Act on Monday, December 2, 2002. PLANNING COMMISSION RETREAT Planning Director Eric R. Lawrence announced that the 2003 Planning Commission Retreat is scheduled for February 8, 2003. Director Lawrence requested that Commissioners please forward any suggestions for presentation ideas for the retreat to the staff. TELEVISED PLANNING COMMISSION MEETINGS Planning Director Eric R. Lawrence announced that beginning on December 4, 2002, the meetings of the Frederick County Planning Commission will be televised. ADJOURNMENT unanimous vote. No further business remained to be discussed and the meeting adjourned at 9:15 p.m. by a Respectfully submitted, Eric R. Lawrence, Secretary Charles S. DeHaven, Jr., Chairman Frederick County Planning Commission Minutes of November 20, 2002 Page 975 • 0 c: 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 December 4, 2002, PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; Roger L. Thomas, Vice Chairman/ Opequon District; George J. Kriz, Gainesboro District; Greg L. Unger, Back Creek District; Cordell Watt, Back Creek District; Robert A. Morris, Shawnee District; Pat Gochenour, Red Bud District; Marie F. Straub, Red Bud District; Charles E. Triplett, Gainesboro District; William C. Rosenberry, Shawnee District; John H. Light, Stonewall District; Gene E. Fisher, Citizen at Large; and Jay Cook, Legal Counsel, ABSENT: Richard C. Ours, Opequon District; Robert Sager, Board of Supervisors' Liaison; and Vincent DiBenedetto, Winchester City Liaison. STAFF PRESENT: Eric R. Lawrence, Planning Director; Christopher M. Mohn, Deputy Planning Director, Abbe S. Kennedy, Senior Planner; 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 - NOVEMBER 6, 2002 Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the minutes of November 6, 2002 were unanimously approved as presented. PUBLIC HEARING Conditional Use Permit 915-02 of Cynthia Lou Foglia for "Pet Watchers" Animal Training kennel. The property is located at 211 Bryarly Road and is identified with P.I.N. 42-A-134 in the Gainesboro Magisterial District. Frederick County Planning Commission Minutes of December 4, 2002 Page 976 -2 - Action - Recommended Approval with Conditions Planner Rebecca Ragsdale stated that ate applicant is proposing a dog-trainuig and pet - watching kennel from her home, located on 0.6 acres. She said the applicant is proposing to conduct daytime dog training classes with a maximum class size of seven dogs w:th ov,mers and week-long overnight training sessions with one dog at a time; the applicant is proposing pet -watching services that would involve boarding one additional dog; and there would be no more than two client dogs boarded at one time. Planner Ragsdale stated that the applicant currently owns six dogs that live on the property; she said the applicant has indicated that no dogs would be left outdoors overnight. In addition, Planner Ragsdale stated that there will be no employees associated with the business. She further added that there were no disapproving agency review comments. In conclusion, Planner Ragsdale read a list of conditions that would be appropriate, should the Commission recommend approval of the CUP. Ms. Cynthia Lou Foglia, the owner and applicant, came forward to answer questions from the Commission. In response to a Commissioner's question regarding the type of dogs Ms. Foglia owns and whether the dogs do any amount of barking, Ms. Foglia said she owns five dobermans and one retriever/collie mix, all of which are house dogs. She said that her dogs do not bark. Commissioner Straub inquired about outdoor facilities or structures. Ms. Foglia replied that client's dogs would be in her home; she said she is training dogs for house manners. Ms. Foglia said there are no outdoor facilities. Commissioner Triplett asked for the distances to the nearest residences. Ms. Foglia replied that the residence on her right is approximately 200' away and the residence on the left is approximately 200'- 300'. Chairman DeHaven called for public comments, but no one came forward to speak. Commissioner Kriz said that he received two phone calls from a neighbors who complained about odor and barking. Upon motion made by Commissioner Thomas and seconded by Commissioner Light, BE IT RESOLVED, That the Frederick County Planning Commission, by a majority vote, does hereby recommend approval of Conditional Use Permit #15-02 of Cynthia Lou Foglia for "Pet Watchers" Animal Training kennel, located at 211 Bryarly Road, with the following conditions: All review agency comments shall be complied with at all times. 2. No more than (2) two client dogs shall be boarded at this facility at any given time. No more than (15) fifteen dogs, including those owned by the applicant, shall be allowed on the property at any given time. Frederick County Planning Commission Minutes of December 4, 2002 Page 977 -3- 4. All dogs kept at the kennel must be controlled so as not to be a nuisance to any adjoining property by barking or roaming free. All dogs must be placed inside a completely enclosed building by 9:00 p.m. All requirements of the Frederick County Code and the Code of Virginia pertaining to dog kennels shall be complied with at all times. 6. Any expansion or modification shall require approval of a new Conditional Use Permit. The vote was as follows: YES (REC. A PPROVA L): Rosenberry, Fisher, Thomas, Light, Morris, Unger, Watt, Gochenour, Straub NO: Triplett, Kriz, DeHaven (Please Note: Commissioner Ours was absent.) Rezoning Application #12-02 of Kernstown United Methodist Church to rezone 1.621 acres from M2 (Industrial General) to B2 (Business General) District. This property is located at 3239 Valley Pike and is identified with P.LN.s 63-A-96 and 63 -A -107A in the Shawnee Magisterial District. Action - Recommended Approval Senior Planner Abbe S. Kennedy stated that the proposed rezoning is a request to down -zone from M2 (Industrial General) District to the B2 (Business General) District in order to alleviate the legally nonconforming status of the existing church use. Planner Kennedy explained that as a legal nonconformity, the church is subject to limitations regarding its expansion on the site. She said the proposed rezoning would allow the church to operate without restriction concerning possible future modifications or expansions which would be permitted by the requirements of the B2 District. Chairman DeHaven explained that when the very first zoning maps were developed for Frederick County, some areas were mistakenly given erroneous zoning classifications and those areas were overlooked. Mr. Tim Youmans, representing the Kernstown United Methodist Church, introduced himself and Mr. Donald Long, another member of the Board of Trustees for the Kernstown United Methodist Church. Mr. Youmans stated that the M2 Zoning District does not permit churches and places of worship, nor does it permit expansion. He explained that their church is growing and they have been studying different options for future expansion, therefore, they are pursuing a rezoning. Frederick County Planning Commission Minutes of December 4, 2002 Page 978 -4 - Chairman DeHaven called for public hearing, however, no one came forward to speak. No issues were raised by the Commission and they believed the request was appropriate. Upon motion made by Commissioner Morris and seconded by Commissioner Fisher, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Rezoning Application 412-02 of Kernstown United Methodist Church, located at 3239 Valley Pike, to rezone 1.621 acres from M2 (Industrial General) to B2 (Business General) District. DISCUSSION DISCUSSION ON A PROPOSAL TO RESTRICT TRUCK TRAFFIC ON SECTIONS OF WARRIOR DRIVE (RT. 719), REST CHURCH ROAD (RT. 669), WELLTOWN ROAD (RT. 661), BURNT FACTORY ROAD (RT. 659), AND OLD CHARLES TOWN ROAD (RT. 761). Senior Planner Abbe S. Kennedy stated that the Code of Virginia provides the Commonwealth Transportation Board with the authority to restrict through truck traffic on State -maintained roads, if a reasonable alternative route is provided. She said the Planning Staff has received three requests to consider truck restrictions on secondary roads throughout the County. Planner Kennedy stated that the Transportation Committee met on November 5, 2002 and recommended forwarding their concerns to the Planning Commission for discussion. She said that Item # 1 is a response to citizen concerns initiated last Spring regarding Warrior Drive, scheduled to open in January 2003, and is a request to prohibit through trucks on Warrior Drive (Rt. 719) between Fairfax Pike (Rt. 277) and Tasker Road (Rt. 642). She said alternate routes for trucks exist via I-81 and Route 522 for north -south travel and Fairfax Pike (Rt. 277) for east -west access; she noted that Tasker Road is already posted for "No Through Trucks." Planner Kennedy explained that the second request, Item #2, is in response to Stonewall District citizens and is a request to consider truck restrictions on Rest Church Road (Rt. 669) from Flying J Travel Plaza to Welltowri Road (Rt. 66 1) to McGhee Road at Stonewall Industrial Park. She noted that a viable alternative and most direct route is I-81. Planner Kennedy further stated that the third request, Item #3, is also a response from citizens in the Stonewall District, and is a request to prohibit through truck traffic from Rt. 11 to Old Charles Town Road (Rt. 76 1) to Jordan Springs Road (Rt. 664) to Woods Mill Road (Rt. 660). She said that segments of these roads are now being used by trucks to travel between Rt. 11 and Rt. 7. Planner Kennedy advised that during the Transportation Committee meeting, VDOT expressed concerns about trucks using Burnt Factory Road to Rt. 7 if they were prohibited on Woods Mill Road; Burnt Factory Road would be a hazardous outlet onto Rt. 7 because there is no crossover and trucks can only go west. She said the Transportation Committee decided to recommend the inclusion of Burnt Factory Road as a part of this request. She added that suitable alternatives are available via I-81 and Rt. 7, Frederick County Planning Commission Minutes of December 4, 2002 Page 979 -5- Conmussioner Unger expressed concern for orchardists and farmers who drive tractor -trailers along these roads, especially Welltown Road. Commissioner Thomas recalled that Warrior Drive was not designed to be a local road, but was designed to be a major collector road. He pointed out that when Rt. 37 is constructed, Warrior Drive would connect to Rt. 37 via Rt. 277; he recalled that the original intent was for Warrior to handle truck traffic. Planning Director Eric R. Lawrence stated that during right-of-way acquisition and initial construction phases of Warrior Drive last year, it was implied to the residents of that area that the County would restrict through trucks. Mr. Jerry Copp, VDOT's Resident Engineer, came forward to answer questions from the Commission. In response to a question from the Commission regarding an official definition for trucks, Mr. Copp said that whatever truck would be legally required to go across weight scales on the interstate would be restricted in this case. He said that only trucks with a destination point along the designated road would be permitted to travel the road. Commissioner Light inquired if VDOT had conducted recent traffic counts oftrucks traveling on Rest Church Road and Old Charles Town Road to determine the extent of the problem. Mr. Copp explained that the request is initiated by a member of the Board of Supervisors who is responding to complaints from citizens within their district. Mr. Copp further explained that traffic counts are conducted by VDOT only after the Board of Supervisors holds a public hearing and passes a resolution of approval to restrict truck traffic. Regarding Item 42, Commissioner Light stated that he travels Rest Church Road approximately 6-12 times per day because of his agricultural operation and has yet to encounter another truck along the way. Commissioner Light said that ever since the "No Turn -Around" sign was erected at the bridge by Flying J, there have been no trucks; therefore, he questioned whether it might not be wiser to just have a "No Turn -Around" sign rather than designate the road as "No Through Truck Traffic." He commented that having a turn -around point for tractor trailers at Flying J would alleviate many more problems than designating this road for no through truck traffic with a sign. Mr. Copp pointed out that no space was available for a truck turn -around in the existing right-of-ways. It was Commissioner Light's opinion, and other members of the Commission as well, that a road was built for everyone to travel and he was not in favor of restricting it, especially if there was no proof of a problem, via traffic counts. Regarding Item #1, Warrior Road, Commissioner Thomas questioned the reasonableness of the request because of the uncertainty that a problem exists in light of the fact that the road was not yet open for public transportation. Commissioner Thomas questioned the alternate route of forcing traffic headed for the industrial park to go the entire distance to Dinosaur Land, then north on Rt. 522, and back west on Rt. 642. He also expressed concern about making this decision without traffic counts, especially on Welltown Road and Rest Church Road. Mr. Copp was hesitant about agreeing to conduct traffic studies on numerous roads without a formal request from the Board of Supervisors because of the amount of time and labor involved. Mr. Copp referred the Commission to the "Guidelines for Considering Requests for Restricting Through Trucks on Secondary Highways" that was in the Commission's agenda packets. The guidelines mandated that traffic studies be done after a public hearing and formal request by the Board of Supervisors. Frederick County Planning Commission Minutes of December 4, 2002 Page 980 Commission members did not want to be abusive to VDOT's time and energy by requesting traffic studies on issues ahead of the decision process, however, Commission members expressed concern that without traffic counts to warrant restricting truck traffic, a precedent -setting situation could be created for citizens to request that any road be restricted to truck traffic. Mr. Copp shared the Commission's concern. Commissioner Straub said she attended one of the preliminary meetings on Warrior Drive and she remembered a number of residents in the neighborhood who were upset about how close Warrior Drive would be to some of their properties. She said the residents, at that time, asked that no trucks be permitted to travel on Warrior Drive; she recalled that Board and Commission members who were present said they would take the issue under consideration. Commissioner Straub also mentioned that during last month's Transportation Committee meeting, members believed it was better to restrict truck traffic on Warrior at the onset of its opening, rather than allowing truck traffic for a while and then trying to stop it. Regarding Warrior Drive being a collector for Rt. 37, Commissioner Straub said that she didn't foresee the probability of Rt. 37 being constructed in the next 20 years. Chairman DeHaven called for public comments, however, no one came forward to speak. Commissioner Fisher was also concerned that traffic counts were not available with which to make a decision and there was no concrete indication of why the County was considering restricting traffic in these areas. Referring back to Mr. Copp's comments on Item # 1, regarding trucks traveling from Kernstown on Tasker Road to the industrial park, Commissioner Fisher reasoned that trucks would have to travel past many residences and through residential traffic congestion; in lieu of that, trucks from I-81 could be routed to Rt. 277, go over a short four -lane section of Warrior Drive, and avoid all the residential traffic and congestion. Commissioner Fisher said he recognized the logic for the Charlestown Road/ Woodsmill/ Burnt Factory restrictions because those roads were not suitable for large truck traffic. Chairman DeHaven asked for a consensus from Commission members as to whether they wanted to act on the requests altogether or separately. The consensus of the Commission was to act on each item separately to avoid confusion. ITEM #1 - Consideration to Restrict Through Trucks on !Warrior Drive (Rt. 719) from Fairfax Pike (Rt. 277) to Tasker Road (Rt.642) Action - Recommended Denial Commissioners believed a public hearing should be held after the road is open for public transportation in order to determine if a problem existed. Commissioners also noted that restricting truck traffic on Warrior would only force drivers to Aylor and White Oak. Upon motion made by Commissioner Thomas and seconded by Commissioner Kriz, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend denial on restricting truck traffic on Warrior Drive because this road has not yet been completed for public transportation, thereby prohibiting VDOT from conducting the traffic studies required by VDOT's guidelines. Frederick County Planning Commission Minutes of December 4, 2002 Page 981 -7 - This motion was passed by the following maioritv vote: YES (REC. DENIAL TO RESTRICT): Triplett, Fisher, Kriz, Thomas, DeHaven., Light, Morris, Watt, Unger NO: Rosenberry, Straub, Gochenour (Please Note: Commissioner Ours was absent from the meeting.) ITEM #2 - Consideration to Restrict Through Trucks on Rest Church Road (Rt 669) to Welltown Road (Rt. 661) to McGhee Road at Stonewall Industrial Park Action - Recommend Denial Commissioners were of the opinion that the existing "No Turn -Around" sign seemed to accomplish the objective for trucks not to use Rest Church Road and using residential properties as a turn- around area. Upon motion made by Commissioner Light and seconded by Commissioner Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend denial on restricting truck traffic on Rest Church Road (Rt. 669) to Welltown Road (Rt. 661), to McGhee Road at Stonewall Industrial Park, but to allow the existing "No Turn -Around" sign to remain at the Flying J to best serve this area. This motion was passed by the following majority vote.- YES ote: YES (REC. DENIAL TO RESTRICT): Triplett, Fisher, Kriz, Thomas, DeHaven, Light, Morris, Watt, Unger NO: Rosenberry, Straub, Gochenour (Please Note: Conunissioner Ours was absent from the meeting.) ITEM #3 - Consideration of a Request to Restrict Through Trucks traveling from Rt 11 to Charles Town Road (Rt. 761) to Jordan Springs Road (Rt. 664) to Woods Mill Road (Rt 660) to Reach Rt 7 and from Jordan Springs Road (Rt. 664) from Woods Mill Road (Rt 660) to Burnt Factory (Rt 654) to Rt. 7. Action - Recommended Approval Pending Traffic Studies Frederick County Planning Commission Minutes of December 4, 2002 Page 982 -8 - Commissioners voiced concerns they had for a precedent -setting situation that could be created for restricting trucks on any road, if a decision was not based on actual traffic counts. There was a preference for a restriction of "tractor -trailer" truck traffic on Old Charles Town Road, however, if that was not possible, it was believed this road could be served well with a "No Through Truck Traffic" designation. Upon motion made by Commissioner Light and seconded by Commissioner Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of restricting truck traffic pending a VDOT study brought back to the Planning Commission and Board of Supervisors for review with traffic counts justifying that the numbers of trucks using these roads warrants a restriction of truck traffic. This motion passed by unanimous vote. (Please Note: Commissioner Ours was absent from the meeting.) ADJOURNMENT unanimous vote. No further business remained to be discussed and the meeting adjourned at 8:10 p.m. by a Respectfully submitted, Eric R. Lawrence, Secretary Charles S. DeHaven, Jr., Chairman Frederick County Planning Commission Minutes of December 4, 2002 Page 983 • J CONDITIONAL USE PERMIT APPLICATION 416-02 SHARED TOWERS, INC.1WHITE TAIL LANE TOWER 'Revision of CUP #122-01) Staff Report for the Planning Commission Meeting Prepared: November 15, 2002 Staff contact: Eric R. Lawrence, Director This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 01/15/03 Pending Board of Supervisors: 01/22/03 Pending LOCATION: This property is located on White Tail Lane off of North Frederick Pike (Route 522). MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 19-A-27 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 Agricultural PROPOSED USE: 195 -foot -high lattice -type commercial telecommunications facility. Planning and Zoning: This application is a request to revise a condition previously placed on Conditional Use Permit 422-01. The condition stated that: "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 deemd invalid." Conditional Use Permit #22-01 was approved by the Board of Supervisors on January 23, 2002. Therefore, Condition #5 requires that the tower be erected by January 23, 2003. The applicant does not believe that the tower will be erected by the anniversary date of the CUP approval, and has requested that this condition be revised to allow for an additional 12 months. CUP #12-02 - Shared Towers, Inc./White Tail Lane Tower Page 2 December 31 ?nn2 Background In late 2001, the applicant ("Shared Towers, Inc.") submitted four (4) Conditional Use Permit applications for telecommunication towers to be constructed along the Route 522 North corridor. Shortly after Shared Towers, Inc. submitted the CUP applications, another applicant (SBA Properties/Triton PCS) submitted three (3) CUP requests for competing sites along the corridor. Both applicants provided documentation illustrating that the existing telecommunication network along the Route 522 North corridor was inadequate, and that additional towers were warranted. The Board of Supervisors ultimately granted the CUP tower requests to Shared Towers, Inc. following extensive discussions with both Shared Towers, Inc. and SBA Properties/Triton PCS. A condition was placed on the approved Shared Towers, Inc. requests stating that the towers were to be constructed within a 12 -month period. It was believed that if the tower was not constructed, this condition would enable the County to reevaluate the applicant's proposal, as well as the applications submitted by SBA Properties/Triton PCS. At the request of SBA Properties/Triton PCS, Board action on their three (3) Conditional Use Permit applications had been deferred. These three applications were withdrawn by the applicant on October 29, 2002. Site Plan One condition placed on the approved Conditional Use Permit (CUP #22-01) was that a site plan be submitted and approved by the County. This site plan illustrates the tower's location on the property, setbacks, screening, and access. The site plan associated with CUP #22-01 for the White Tail Lane Tower was approved on May 14, 2002. Approval of the site plan enabled the construction of a 195 -foot lattice telecommunications tower. STAFF CONCLUSIONS FOR THE 01-15-03 PLANNING COMMISSION MEETING: Staff believes that this application for a Commercial Telecommunication Facility has adequately addressed the requirements of the Zoning Ordinance in that need for this facility, based on a lack of coverage and capacity in this part of the County, has been demonstrated. Should the Planning Commission choose to recommend approval of this application, essentially granting the applicant an extension of 12 months to construct the tower, the following conditions of approval would be appropriate: 1. All Zoning Ordinance requirements and review agencycomments shall be addressed and complied with at all times. 2. The tower shall be available for co -locating personal wireless services providers. CUP #12-02 - Shared Towers, Inc./White Tail Lane Tower Page 3 December 31, 2002 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. 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. A certified Virginia engineer shall provide verification that the tower is designed, and will be constructed, in a manner that, should the tower collapse for any reason, the collapsed tower will be contained in an area around the tower, with a radius equal to or lesser than the setback, measured from the center line of the base of the tower. 0:\Agendm\COMMENTS\CUP's\2002\White Tail Ln_time ext.wpd WINCHESTER -FREDERICK COUNTY CONSERVATION CLUB, INC i t Q 18 A U a � �i�i�iyyy �t 19 A 27 SHANE iB 3 f CHILOS ® � J �' t IOC), MCDONALD 78 A 28 �S 4P 9 ® EATON f° A 51 I ♦♦♦ CUP# 16 - O2 5 WINCHESTEp-FREDERICK COUNTY a CCNSERVATM CLUB, WC ° ®" Location Map: White Tail Ln WWC-FREDERICK Y CMSERVATCLU, I° A 51E WC Tower 522 ® PIN: 19-A-27 - N - - - NAZI WNCHESTER-FREDERICK COUNTY iB A 2TA CCNSERVATION CLUB, WC 28 g�]IB /` - W - - 9 - 0 34 600 Feet RHODES - - 18 A 24 arta Nov. 20.2002 CUP 116-02 - WHITE TAIL LANE TOWER Submittal Deadline -211--211 P/C Meeting 12-04-02 BOS Meeting 01-08-03 APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (The applicant if the ❑ owner X other) NAME: Greenway Engineering ADDRESS: 151 Windy Hill Lane Winchester, VA 22602 TELEPHONE 540-662-4185 2. Please list all owners, occupants, or parties in interest of the property: Winchester -Frederick County Conservation Club, Inc. 3. The property is located at: (please give exact directions and include the route number of our road or street) White Tail Lane off of North Frederick Pike 4. The property has a road frontage of 1300.4 feet and a depth of 3750 feet and consists of 138.19 acres. (Please be exact) S. The property is owned by Winchester -Frederick County Conservation Club, Inc. as evidenced by deed from Betty S. Lockwood (previous owner) recorded as Instrument Number 020011507, as recorded in the records of the clerk of the Circuit Court, County of Frederick. 6. 14 -Digit Property Identification No. 19-A-27 Magisterial District Gainesboro Current Zoning RA 7. Adjoining Property: USE North Agriculture, Single Famil RA East Agriculture RA South Agriculture RA West Agriculture RA ZONING 8. The type of use proposed is (consult with the Planning Dept. before completing) Unmanned Commercial telecommunications facilities 9. ft is proposed that the following buildings will be constructed: 195' tall lattice tower structure inside a 100' x 100' leased area for ground equipment/shelters to be placed on concrete pads. All equipment and lattice will be secured by a fence. 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in from of (across the street) the property where the requested use will be conducted. (Continue on next page if necessary.) These people will be notified by mail of this application: NAME Kenneth Allen Childs,Jr ADDRESS 32668 Mount Weather PROPERTY ID# 19-3-1 Rd Bluemont,_VA 20135 NAME Samuel F. Shane ADDRESS 100 Sunset Drive PROPERTY ID# 19-3-2 Winchester, VA 22602 NAME Robert Sproal, Jr ADDRESS 4804 Melwood Rd PROPERTY ID# 19-A-26 Upper Marlboro, MD 20772 NAME David & Tina Marie ADDRESS 1029 Allen Drive PROPERTY ID# Mohn Winchester, VA 22601 19-3-4 NAME Shelby J. Gochenour ADDRESS 6917 Haycock Road PROPERTY ID# 19-3-6,8 Falls Church, VA 22043 NAME Weldon H. Smith & ADDRESS 197 Moose Road PROPERTY ID# Tracy Rosenberger Berryville, VA 22611 19-3-9 NAME Winchester -Frederick PROPERTY ID# Countv Conservation ADDRESS 1118 Martinsburg Pike Winchester, VA 22603 ADDRESS 4736 N. Frederick Pike Winchester, VA 22603 ADDRESS 2007 Collinsville Road Cross Junction, VA 22625 ADDRESS 252 White Tail Lane Winchester, VA 22603 ADDRESS 307 White Tail Lane Winchester, VA 22603 ADDRESS 1435 Greystone Terrace Winchester, VA 22601 Club 19-A-49, 52E NAME Elwood W. Eaton PROPERTY ID# 19-A-51 NAME Kenneth & Nelda PROPERTY ID# Gentry 19-A-37 NAME Nancy Rhodes PROPERTY ID# 19-A-24 NAME Kim & Jacqueline Nail PROPERTY ID# 19 -A -27A NAME Winchester -Frederick PROPERTY ID# County Conservation Club c/o Geor;e 19-A-50 ADDRESS 1118 Martinsburg Pike Winchester, VA 22603 ADDRESS 4736 N. Frederick Pike Winchester, VA 22603 ADDRESS 2007 Collinsville Road Cross Junction, VA 22625 ADDRESS 252 White Tail Lane Winchester, VA 22603 ADDRESS 307 White Tail Lane Winchester, VA 22603 ADDRESS 1435 Greystone Terrace Winchester, VA 22601 12. Additional comments, if any: If (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 —(341 OZ� C7Signature of Owner President of Winc es r- r eric oun y o Club, Inc. Owner's Mailing Address 1118 Martinsburg Pike Winchester, Virginia 22603 Owner's Telephone No. 540-888-7913, 540-667-3082 (Dave Fahnestock) TO BE COMPLETED BY THE ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: 011111HY ENBROBIND 15! \Ninny I lilt Lane 41'inrhester, Virginia 22602 November 8, 2002 Frederick County Department of Planning and Development 107 North Kent Street Winchester, VA 22601 Attn: Eric R. Lawrence, Planning Director Re: Shared Towers Revised CUP —North Gainesboro (White Tail Lane) Tower Dear Mr. Lawrence: As you know, Shared Towers, Inc. has submitted a new conditional use permit application to request an extension of time for the construction of a 195 -foot lattice telecommunication tower on parcel 19-A-27 owned by the Winchester -Frederick County Conservation Club, Inc. The condition for construction of this tower expires on January 23, 2003; therefore, it is requested that the revised conditional use permit application is included as an agenda item during the December 4, 2002 Planning Commission meeting and the January 8, 2003 Board of Supervisors meeting. Thank you for your assistance regarding this matter. Sincerely, Greenway Engineering G, Evan A. yatt, AICP Cc: Kamal Doshi RECEIVED NOV 0 S 2002 FREDERICK COUNTY PLANNMIG & DEVELOPMENT Lngineers Surveyors Lelephone 540-662-4185 FAX 540-722-9528 File 93295/EAW wraw.greenwayrng,.coIII Shared Toy -vers. Inc. 6501 Sandv Knoll Court McLean_ VA 22101 Thursday, October 10, 2002 Mr_ Eric P. Lawrcnce Director, Planning and Dev=elopment County of Frederick 107 North Kent Street Winchester. VA 22601 Dear Mr. Lawrence: CUP # 22-01 for the White Tail Lane Telecommunications Facilitv We are in need for an extension in the time allowed to complete construction of the telecommunication facility. Until now. I have made diligent efforts to attract the users of facility to make a commitment to the facility. In each case, the response 1 am getting is that due to slowdown in telecommunications industry (as a result of financial market conditions all are limiting their expenditures to improving existing services and cutting back on new coverage areas) thev are unable to commit to specific timeline when they would install their systems on the proposed towers. They are also saving that ultimately they will cover Route 522 in Frederick County. it is a matter of finding resources. We have in the meantime, taken all the steps necessary (site plan approval. specifications ready, bids obtained, etc) to build promptly upon positive response from users. We continue to spend money in good faith to bring telecommunications facilities to this section of the county. f have obtained the building. permit. issued construction contract and purchase order for the tower steel for the tower nearest to Winchester (Hunting Ridge). That tower should be constructed soon. Since, the county requires empty towers to be taken down, and for economic reasons, it is not prudent to build towers and have them sit empty. At the same time. all indications are that these towers are needed and wireless companies will install their sen -ices on them. Hence, I request processing of an application to extend the time granted by this CIP for a period of twelve months. Sincereh-, Kamal Doshi President OCT -11-2002 08:47 AN Shared T^wars 7036282654 1 253 427 3800 P.02 18/11!2002 08:15 5409843005 5-ENANDUAH PC5 PAW 81/81 SHENTEL SHENANDOAH TELECOMMUNICATIONS Po, 80K 4s9 • Ear-bure. VtpinIa 22824-=9 • (UM98"141 Uutober 9, 2002 Mr. Kamal Doshi Shared Towers, LLC 6301 Sandy Kaoll Court McLraatt, VA 22101 Re: Shared Towers Sites - Route 522 Frederick County, Virginia Dear Kamal: Sbenaudoah Personal Communications Company (Shontel) continues to be interested is powibly leasing apace on the facilities you are developing along State Route 522 riorh from Winchester, through Frederick County, toward Berkeley Springs, West Virginia. Ae previously Stated, this interest is conditioned ou the formal approval of Shentel's Board for funds to expand into this arca, and the atnicturts being ®routed at a heigbt sufficient to aiiow Sitentel to meets its coverage objectivt3. We are unable at tiffs time to predict our exact timetable for the development of WS area, but we would encourage you to obtain municipal approval to extend the permits for the con,sbuedoa of these sites for as long a time period as poaaible, at the least until lune 2004. Do not hesitate to contact mile if you have any questions. LLG/lsb cc: Nit. William L. Pirtle Mr. Noll Fadely Sincerely yours, I %��- Leonard L. Grciaz Project Mia,ager SHENANDOAH t'ELEPHONE COMPANY SHENTEL SERVICE COMPANY • SHENANDOAH CAni TELEVISION COMPANY $HENANDOAH LONG DISTANCE COMPANY SHENANDOAH VALLFY LEASING COMPANY I SHFNAND04H MOBILE COMPANY BHENANDOAH NErWWO" COMPANY - SHENTEL COMMUNICATIONO COMNY PA WE MUST SERVE WILL TO PR06PER + WE mat pRo8p8R To iiRVG WALL OTNINIPOINT C O M M U N I C A T I ONS CAP OPERATIONS, LLC a s a -Mobil c November 6, 2002 Kamal Doshi, President Shared Towers, Inc. 6501 Sandy Knoll Ct McLean, VA 22101 Via Fax 1-253-423-3800 RE: Proposed Shared Towers Structures/ Tower Interest Acknowledgement Site Address: White Tail Lane, North Frederick Pike, Winchester, VA Latitude: 39-17-57 N Longitude: 78-16-18 W Structure Type: Tower Structure Height: 195' Site Address: 301 N. Frederick Pike, Cross Junction, VA Latitude: 39-19-10.2N Longitude: 78-17-37.7W Structure Type: Tower Structure Height: 260' Site Address: 8926 N. Frederick Pike, Cross Junction, VA Latitude: 39-22-28.5N Longitude: 78-17-39.7W Structure Type: Tower Structure Height: 195' To Whom It May Concern: Omnipoint Communications CAP Operations, L.L.C., a subsidiary of T -Mobile U.S.A., Inc, f.k.a. VoiceStream Wireless Corp. has performed a preliminary review of the sites listed above and find that while we are not prepared to locate facilities at the locations listed above immediately, these sites would likely meet future network objectives and integrate with other projected facilities If you should have any questions, please feel free to contact me at 240-264-8609. Regards, Bonnie Staves Site Acquisition Supervisor Baltimore/Washington DC Omnipoint Communications CAP Operations, LLC Bonnie. Staves2@voicestream.com 240-264-8609 fax 240-264-8610 CONDITIONAL USE PERMIT #0'1-03 Jackie F. Lichliter SiarT Rep©R for Planning Commission Meeting Prepared: December 30, 2002 Staff Contact: Rebecca Ragsdale This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the .board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. Planning Commission: Board of Supervisors: Reviewed Action 01/15/03 Pending 02/12/03 Pending LOCATION: This property is located at 251 Christmas Tree Lane. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 45-A-25 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: Cottage Occupation-Gunsmith/Gunshop REVIEW EVALUATIONS: Virginia Dept. of Transportation: The application for a conditional use permit for this property appears to have little measurable impact on Route 729, 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 building shall comply with The Virginia Uniform Statewide Building Code and Section 304, Use Group B (Business) of The BOCA National Buildins; Code/1.996. Other code that applies is CABO Al 17.1-92, Accessible and Usable CUP #01-03, Jackie F. Lichliter Page 2 December 31, 2002 Building and Facilities. Please submit a floor plan of the area to be utilized and apply for a change of use building permit. Permit shall be issued, inspections approved and a new Certificate of Occupancy issued prior to operation of new business. Fire Marshal: Recommend portable fire extinguisher meeting 2A:20B, C rating. Storage of explosive materials limited to 20 lbs., or explosives magazine is required. This includes any type of black powder, smokeless powder and such materials. A maximum of 30 gallons of flammable or combustible liquids in combination can be stored within the structure before a flammable liquids cabinet or other precautions are required. Plan approval is recommended. Health Department: Health Department has no objection since this is an existing structure. No objections as long as there is no increased sewage disposal to the existing drainfield (no extra bathrooms, bedrooms. Planning and Zoning: Gunsmiths are permitted as a cottage occupation in the RA (Rural Areas ) Zoning District with an approved Conditional Use Permit (CUP). The applicant is proposing a gunsmith/gunshop from his home located on 17 acres in the county and would mainly provide repair services. The applicant intends to utilize an existing barn on the property for the gunshop and there would be no employees associated with this business. The applicant does not propose any retail activities. The applicant has indicated that customers would not be testing any firearms on the property. There are no residences located within 500 feet. 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 any significant impacts on the adjoining properties. STAFF CONCLUSIONS FOR THE 01-15-03 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, staff would recommend the following conditions. 1. All review agency requirements shall be complied with at all times. 2. Any expansion or change of use shall require a new conditional use permit. 3. No retail sales of merchandise shall be permitted. 4. No employees shall be permitted 5. No business signs shall be permitted. Old Charles o �a FUNKHOUSER n \ 45 7 8 KREM LEE - 45 7 5 45 7 7 CLARK 45 7 4 — ORNDOFF 45 A 25C h LEWIS O x� 45 A 25B X24 9 ORNDOFF 45 A 25 s� ds a 45 A 25D �� -- _.— — ------ LONGERBEAM r. CUP#01 -03 Jackie F. Lichliter PINs: 45-A-25 0 9D 180 270 Feet 1111 RECEIVED DEC 0 3 2002 FREDERICK COUNTY PLANNING & DEVELOPMENT CUP #01-03 Submittal Deadline P/C Meeting BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT iREliLDICK COUNTY, VI':3G'INIA 12-20-02 01-15-03 02-12-03 1. Applicant (The applicant if the !i owner other) NAME: CL ( ' C�A er ADDRESS: TELEPHONE _ )` 0 LPLu� - 2. Please list all owners, occupants, or parties in interest of the property: 3. The property is located at: (please give exact directions and include the route number ofI your road or street) '' Ci6L+ C)� ��J ���dGi � �n��� � � �Jh� i�lU�'t'►S�►�S 124 - U,�a CIS �15�S—�Y� %� ,►�US� 4. The property has a road frontage of /10 M4e- feet and a depth of �2 m,12� feet and consists of _ �� acres. (Please be exact) 5. The property is owned by'i 'f-LV-d'4L as evidenced by deed from ` mi recorded (previous owner) in deed book no. 4 on page D as recorded in the records of the Clerk of the Circuit Court, County of Frederick. Q 14 -Digit Property Identification No. Magisterial District `�p��,l� Current Zoning eA'Icu� ra 7. Adjoining Property: USE North East South West ZONING 8. a The type of use proposed is (consult with before completing) It is proposed that the following buildings will be constructed: J� 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property where the requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this application: NAME 4![aG�' uA Q l(��d�'►'l� ADDRESS PROPERTY ID# NAMEADDRESS PROPERTY ID# 1aa 0AV1q NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# 11. Please use this page for your sketch of the property. Show proposed and/or existing structures on the property, including measurements to all property lines. 12 . Additional comments, if any: �A (Lj _ ' i� 1 f LL, 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 Supervisars' 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. -:)iu --( A tp - TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: 2- TRIS PIAT IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD, 3. THIS PARCEL HAS AN EXISTING DWELLING W1111 AN EXISTING DRAINTIELD. 4. ALL STRUCTURES COMPLY WITH MINIMUM SETBACK REQUIREMENTS REGARDING III[ NEW PROPERTY LINES SHOWN HEREON. O 5, SEE SHEET 4 FOR ADDITIONAL INFORMATION ON THE NEW 50' WIDE R/W Cv C.)l EASEMENT TO MORRISONS ROAD (VA. RTE. 729) NEW 50' WIDE R/W FOR BENEFIT OF LOTS 2, 3, 4, 5 k TM 145 -A -25A �/ REBAR oomff SET /N mw;- 11 Aj 36� 4 f / SING v / 84 ,ryi��-�V1Mry�r. lim M. t/mp I OREBAR 45 A 25A FOUND 9.2221 AC �v wr7 wr2 tpi 16.9216mss. % AM5 s f � A, s / �`'N 33-56'51" W REBAR ��' SET 68.09' J•_ �� ,' 1 S 11'34'33" E FENCE 83.27• 'FENCE POST ., =N6 POST FENC� 1 r d W I '1 �REBAR P,OSiET $ � B3 02 S 67'06'47" W W 180.30' 59430 S 81'59'47" W 73.25' �p(+j RSE7R s s4• wr 5 42 °3" UI Ora�O%� PM51ON w REBAR 46�•Q8• FOUND FOUND LINE BEARING DISTANCE LI N 23'07'06' W 201.27' ��p BGG lA1rU5 . S. & LWAF.l#j L2 N 09'44'31' W 216.12' /f -A-250 10.503 AC mvu VI LorL, GVNnOFF nIV1510N 5rOWWAI L P151TWf, Fff-MIZ1CK C01.M, VIK'GINIA 5C&r: I" - 200' WE:.iLY 14, 2001 MSEN♦f� �OI�IM�I P5:: . 1 /y ► �/y y 1� 1 -1" I Q I VIM M 1 /It" r /Yf Art>c`f V Aaeociatee 1I A S"b"Idien of V.IIe soci ete PLC UD M,*m UD m4mv 6SBLPIB.9 CONDITIONAL USE PERMIT #02-03 Timothy E. Felty Staff Report for the Planning Commission Meeting Prepared: December 30, 2002 Staff Contact: Rebecca Ragsdale This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. Planning Commission: Board of Supervisors: Reviewed Action 01/15/03 Pending 02/12/03 Pending LOCATION: This property is located at 536 Fletcher Road. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 26 -A -39G 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: Dog Kennel (Breeding Only) REVIEW EVALUATIONS: Virginia Dept. of Transportation: The application for a conditional use permit for this property appears to have little measurable impact on Route 733, 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: No comment required. Fire Marshal: Recommend portable fire extinguishers, smoke and carbon monoxide CUP #02-03, Timothy E. Felty Page 2 December 31, 2002 detectors. No known conditions with proposed use which will affect Fire Department response. Plan approval is recommended. Health Department: Health Department has no objection to request so long as no increase in water use occurs. Planning and Zoning: Kennels are a permitted use in the RA (Rural Areas ) Zoning District with an approved Conditional Use Permit (CUP). Kennels are defined by the Zoning Ordinance as a place prepared to house, board, breed, handle or otherwise keep or care for dogs for sale or in return for compensation. This CUP application is a result of a zoning violation complaint staff received. After discussions with the applicant, it was determined that his activities did meet the definition of a kennel and he was agreeable to applying for the CUP. The applicant is proposing a kennel from his home located on 1.2 acres in the county. The applicant is proposing to breed beagles for sale but does not intend to provide boarding services for any additional dogs. The applicant presently breeds beagles but was unaware a CUP is required. The dogs are currently kept in three existing kennels located towards the rear of the property. The applicant plans to relocate the dogs to an existing enclosed agricultural structure on the property. The applicant is not proposing to construct any new structures to house dogs. There would be no employees associated with this business. There were no disapproving agency review comments. The adjoining residences are located more than 100 feet from the portions of the applicant's property where the dogs are housed. There have been no complaints regarding the applicant's dogs being a nuisance. Staff feels the proposed use is appropriate. STAFF CONCLUSIONS FOR THE 01-15-03 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, staff would recommend the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. This permit is for a breeding kennel only; animals not associated with the breeding operation shall not be boarded at any time. 3. All dogs kept at the kennel must be controlled so as not to be a nuisance to any adjoining property by barking or roaming free. All dogs must be kept within a fenced -in area. CUP #02-03, Timothy E. Felty Page 3 December 31, 2002 4. All requirements of the Frederick County Code and the Code of Virginia pertaining to dog kennels shall be complied with at all times. Any expansion or change of use shall require a new conditional use permit. No more than (30) thirty dogs shall be allowed on the property at any given time. 7. Any proposed business sign shall conform to Cottage Occupation sign requirements and should not exceed four (4) square feet in size. O.\Agcndas\COMMENTS\CUP's\2003\Timothy Fdty wpd �s / Mme 26 A 39G 79 a r ✓ [ARE ISAAC ESTS - RQ A Y�1 WHITEHAIR 26 A 36C FELTEY 26 A 386 i 1 26 z 6 CUP # 02 - 03 fw KING Timothy E. Feltey 733 ��F PINs: fimo^ 26 - A - 39G 26 2 7 TATMAN / _ S ,// 0 50 100 Feet _ CUP 102-03 Submittal Deadline P/C Meeting BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 12/20/02 01/15 TO3 02/12/03 1. Applicant (Theapplicantif the owner other) NAME: ADDRESS: TELEPHONE �'- -Q � 2. Please list all owners, occupants, or parties in interest of the property: dt'e6'L� 3. The property is located at: (please give exact directions and include the route number of your road or street) I\ x,LQ-,e. u f �� 4. The property haR a road frontage of _75'ASq feet and a depth of,,�{L'�Ifeet and consists of acres. (Please be exact) 5. The property is owned by as evidenced by deed from C'(.ki ! .4 ro'(Ij; �{�. � recorded (previous wrier)' in deed book no . on page _U , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. 14 -Digit Property Identification L/Q. ,~ -_1 G Magisterial Distri t�.�4 G� Current Zoning 7. Adjoining Property: �U -E ZONING North East 5 �_r oAll South West _ g. The type of use proposed is (consult with the Planning Dept. before completing) 9. It is proposed that the following buildings will be constructed: 1�bNL 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property where the requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this application: NAME U��,if ADDRESS PROPERTY ID# t,- - 3q G Coo- C� � NAME �L, i �7 I�� �I� ADDRESS .5�3 1'b�"C�fC% �V r Cc�e VP z.,'* 77 PROPERTY ID#�[ NAME PROPERTY ID#� NAME PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# ADDRESS f . &X/ Z7 ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS 12. Additional comments, if any: �� 611k - L d<fA.-, J 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 j_ - Signature of Owner Owners' Mailing Address Owners' Telephone No. TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: Ll N 113' S r4 W — 164.71 1 QD DRIVEWAY 1� h 46 I 73.2' / 1 I o i ra N I N p O i I t THIS IS TO CERTIFY THAT 0;; co Co FEBRUARY 28, 1992, I MADE AN ACCURATE: SURVEY OF THE PRE- tia MISES SHOWN HEREON AND THAT THERE ARE No EASEY.FmTS OR fi. 2 I AC. } ENCROACHMENTS VISIBLE ON al 3 � THE GROUND OTHER THAN THOSE I M N Uj SHUYN HEREON. W O N � 4 , NOT IN HUD FLOOD ZONE, I ~ M V) F - Z W t` 1 Y I 1 U (,` s 0 z SO s SO, 100 ` Z 0 j4LZ ELM TREE 09 I The ab'we plat is a survey of the 1.216 Ac. Parcel of Land as recorded In Deed Book 72 5 - ge 324 and is the same Land conveyed to Timothy Eugene Felty and Marsha Jean Felty September 14, 1989 in Deed Book 725 - Page 322. The said Land fronts the Northern side of Route 733 and lies In Back r"ek District, Frcderi_-_1 County, Virginia. Beginning at a point in the Center Line of Route 733 and corner to Curtis E. Felty. Thence with Felty N 180 50' 44- W - 164.711, said couras passing thru an i iron pin(found) at 15.53'1 Thence N 840 01' 02" E - 185.51' to an iron pin(found)l Thence N 670 14' 47" E - 215.99' to an iron pin(found)l Thence S 090 53' 41- E _ 14;.09' to a point in the line of land now or formerly Kendall, said course passing thru an elm tree at 99.52'1 Thence with Kendall and Route 733 S 710 20' 38- Y - 374.39' to the point of beginning, Containing - 1.216 Ac. Surveyed - February 28, 1992 oRCINI& FREDERICK COUNTY. SCT. Thi& vutrur ant d wrrtv+l! VMS PrV13+M0 19'12VZY;.;A cirtm att at Acar,oemawnart ereln anrIa"o .Ns sdmrrtma to reoarb. THOMAS A. SHOCKEY HC 34, Box 3587 Winchester, VA 22601 `1��pLT7/ Off, yo �n T}IOn}AS A SHAM L (IJCENSE) No. 1271 k ND SURVOd • • C: CONDITIONAL USE PERMIT #03-03 DANIEL E. WHITACRE Staff Report for the Planning Commission Meeting Prepared: December 31, 2002 Staff Contact: Mark Cheran This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 01/15/03 Pending Board of Supervisors: 02/12/03 Pending LOCATION: This property is located at 519 Turtle Meadow Drive. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 51-A-9 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 Agricultural PROPOSED USE: Cottage Occupation - Machine Shop REVIEW EVALUATIONS: Virginia Dept. of Transportation: The application for a conditional use permit for this property appears to have little measurable impact on Route 616, 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. Fire Marshal: Recommend portable fire extinguishers meeting a 2A:20B, C rating.This includes any type of black powder, smokeless powder and such materials. Storage of CUP #03-03, Daniel E. Whitacre Page 2 December 31, 2002 explosive materials limited to 20 lbs. or outside magazine is required. This includes black powder, smokeless powder and such materials. A maximum of 30 gallons of flammable and combustible liquids in any combination can be stored within the structure before a flammable liquids cabinet or other precautions are required. Plan approval is recommended. Inspections Department: Existing building shall comply with The Virginia Uniform Statewide Building Code and Section 306, Use Group F (Factory and Industrial), of The BOCA National Building Code/1996. Other code that applies is CABO Al 17.1-92, Accessible and Usable Buildings and Facilities. Please submit a floor plan of the area to be utilized and apply for a change of use building permit. Area shall not be utilized until permit is issued, inspections approved and a new Certificate of Use and Occupancy issued. Health Department: Health Department has no objection to request as long as there is no increase in water use due to additional employees other than the owner. Planning and Zoning: A small scale machine shop is a permitted Cottage Occupation in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit. This proposed business will be conducted in a two-story accessory structure, approximately 800 square feet in size, located at the rear of the property. The property is surrounded by natural wooded screening and buffers; the adjoining properties are located greater than 100 feet from this structure and the property. The applicant will be fabricating Civil War -era musket barrels, and small parts for local industry and individuals. The applicant proposes to have three to four customers in a one-week period. UPS will pick up and deliver on average twice a week. Based on the limited scale of the proposed use and evaluation of the property, it appears this use would not have any significant impacts on the adjoining properties. STAFF CONCLUSIONS FOR THE 01-15-03 PLANNING COMMISSION MEETING: Should the Planning Commission choose to recommend approval of this application, staff believes the following conditions of approval would be appropriate: All reviewing agencies comments must be complied with at all times. 2. No more then one (1) employee associated with this Cottage Occupation is allowed. 3. Any proposed business sign shall conform to Cottage Occupation sign requirements and will not exceed four (4) square feet in size. 4. Any expansion or modification of this use shall require approval of a new Conditional Use Permit. 0: \Agendas\COMMENTS\CUP's\2003\Whitacre.wpd BUNNER 40 A 113 P 71 � 7 o ri 51 A IS r WILLIAMS SWEENEY 51 A 118 51 A 17 r' d SPEELMAN WMTACRE 51 A S 61A19 BERNARD CUP #03-03 Daniel E. Whitacre PINs: 51-A-9 51 A 67 GUTHRIDGE N W B 3 0 200400600 Feet L�1 Submittal Deadline P/C Meeting BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (The applicant if the ,.' owner other) NAME: �1i '�f� (. _ Nlrl;T4CrCL ADDRESS: TELEPHONE �'�/ Q 2. Please list all owners, occupants, or parties in interest of the property: � �' ' t L �. _ (�✓rl r l � � � t S N, c: ✓� r: % �'i . � �,N �7� � � - C: �,,ry r S 3. The property is located at: (please give exact directions and include the route number of your road or street) 'r4 K, p i �� O ✓✓ _ S T' CI f i,l /NC'/•I r --'F i L if 7-r',R V _ L !`# �'j'�' ^? d!It /9 T L'L y J n' l L Es i �" kL/z-� %'/ C //T G'N?O F(E c(� 12/!/y7- j`OC A✓1? 6. 14 -Digit Property Identification No. 47' Magisterial District Pa, --,e K cCK Current Zoning KR 7. Adjoining Property: USE ZONING North R ,a - FA, 7, East South West ow �^')' � / Q7 O R/1 4. The property has a road frontage of "''�NT��; feet and a depth of feet and consists of acres. (Please be exact) 5. The property is owned by as evidenced by deed from recorded (previous owner) in deed book no. '71-1 on page 1 7 7 2 as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. 14 -Digit Property Identification No. 47' Magisterial District Pa, --,e K cCK Current Zoning KR 7. Adjoining Property: USE ZONING North R ,a - FA, 7, East South West 8. The type of use proposed is (consult with the Planning Dept. before completing) filar h � SLap _,fwl i 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 s�Creet from) the property where the requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this application: NAME�� cis; �� W/i /!y' i j2u'� Tx -11- ADDRESS J I i 4 ✓C1X 0,2111{ �c NAME J�-b U PROPERTY ID# I-')[- % 2 - /0 ADDRESS ,10 w ✓ ° R-0. NAME' •^„�`ff �' ��) / ^ : r `' ADDRESS PROPERTY ID# z. ` F ” R&-' -Z-0V NAME R- 0 (:l 0 z. P,.P �1 r C L;', K `,. ADDRESSy % ✓ 'r: !° T? c t/ != . PROPERTY ID# r { !'_ Ar -')i PROPERTY IN y A NAME j 0 (10 GL){t1 F:. l L T ". ADDRESS t �! h!C i4 d?_ l (�/ dee G P.. vim` — PROPERTY ID# NAME I'!1 ��� i�NN�`r ADDRESSf PROPERTY ID# E/ i) ' �i 4✓ f -� r��^" �� f, C' a NAME L� i ��'rrubicr ADDRESS yS-� PROPERTY ID# NAME �; l �'(7' r Iv ('�,yr"' ;.�_i �" ADDRESS ,- � y PROPERTY ID# .�r "�! � _ �' �c NAME J�-b U PROPERTY ID# I-')[- % 2 - /0 ADDRESS ,10 w ✓ ° R-0. NAME' •^„�`ff �' ��) / ^ : r `' ADDRESS PROPERTY ID# z. ` F ” R&-' -Z-0V NAME R- 0 (:l 0 z. P,.P �1 r C L;', K `,. ADDRESSy % ✓ 'r: !° T? c t/ != . PROPERTY ID# r { !'_ NAME k l n1 ADDRESS of !` L R. fZ_L'lJ _ PROPERTY ID# I - 1 j^� ' �' f • VA_ NAME ADDRESS r -� �, � ��a L t�, (' ,�� 6 N r4, PROPERTY ID# NAME ('p;�%i` Lrry Ak! iO ADDRESS J�� 6 Z.t 1; JG,L"nl '/i=4, PROPERTY IN NAME kty("f ADDRESS 6i 3Jz,4 PROPERTY ID# - wi' �� • V/' _ 2 `G c� NAME 4! v� f' .. Vt! IV 7-0/Z ADDRESS PROPERTY ID# _ J W •",!t", LSI'.. .r._ � (: C% .c NAME; �"iz_ ('� ( %�. t-1 -' �' �` 1 °k } ADDRESS T 13 %tI w I-°' 0 PROPERTY ID# St A, 0 C 3i ",!Z. C(, NAME F NF, 0 P CA S r/ 1VLZfif ADDRESS 7 PROPERTY ID# NAME ryc.VZSTCI{ (;Pz7 L! f 1 ADDRESS 13.,—,t ��. PROPERTY ID# - /� % �N cry r NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# ADDRESS PROPERTY ID# 12. Additional comments, if any: I (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued .to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Signature of Applicant Signature of Owner Owners' Mailing Address Owners' Telephone No. t["o- r77- l �6 TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: R E C IVf DEC 1 7 2002 I am seeking a Conditional Use Permit for a Cottage Occupation. It will be called Whitacre's Machine Shop. LOCATION: 519 Turtle Meadow Drive, Winchester, bra. 22602 DIRECTIONS: Take 50 West from Winchester. From the hospital travel approximately three miles and turn left on Route 608. Take the first right onto Route 616. Travel one mile and turn right onto Turtle Meadow Drive, travel approximately one mile to the end of the road. The two story brick building will house the business. TYPE OF WORK: I will be fabricating Civil War era musket barrels. I also will be fabricating small parts for local industry, and miscellaneous work from individuals. TRAFFIC: I may get an average of three to four customers visiting my shop in a one week period. UPS may pick up and deliver on average twice a week. I hope to have one employee besides myself in the future. } •,i C:1 .F; i',:tll Y. iS'JJyI�r_r1 r F r vx O uS` SL7 9TO ® BK749PG1772 Mti r � ti. . ►pUNO N2]•OH�4b W •�. ;! LPA Ir Zl it/� of O. CLL 1 0 i r lO i � 1RGINIA 990 Co., Inc. Bruce 2-4183 gl 2!S `J I sY. t w u. 7; PF. L 1 µ 6 %lit: �•/ ` `�. � � r / t. . N44.11'OS-W ► ' ,: ,;�® O I1.28 a �7 ::O BOUNDARY SU RV EY OF TFIE LAND OF DANI'.L IL. WNITACRE, r -T ux BACK CREEK DISTRICT, FREDERICK COUNTY, V SCALEt'� Loo' DATg t JULY 24 1 Greenaway Engineering & Surveying 1104 5dw Lam f, Wkheeter, VkgWo • 22601 o 703-66 K Be Edens • Praldent NOTE PIN FOUND. P.S. � IRON PIN INGAA<EMESSJ CGRCSS Q ET D. D.4LL, pGLT 1 GLNTCr1l1NC �(• GR �V EL \\ DA1VfWAy JJ• K eauc� 5 No. 162 SHEET I of 3 d a• gl 2!S `J I sY. t w u. 7; PF. L 1 µ 6 %lit: �•/ ` `�. � � r / t. . N44.11'OS-W ► ' ,: ,;�® O I1.28 a �7 ::O BOUNDARY SU RV EY OF TFIE LAND OF DANI'.L IL. WNITACRE, r -T ux BACK CREEK DISTRICT, FREDERICK COUNTY, V SCALEt'� Loo' DATg t JULY 24 1 Greenaway Engineering & Surveying 1104 5dw Lam f, Wkheeter, VkgWo • 22601 o 703-66 K Be Edens • Praldent NOTE PIN FOUND. P.S. � IRON PIN INGAA<EMESSJ CGRCSS Q ET D. D.4LL, pGLT 1 GLNTCr1l1NC �(• GR �V EL \\ DA1VfWAy JJ• K eauc� 5 No. 162 SHEET I of 3 d REZONING APPLICATION #01-03 FREDERICK BLOCK COMPANY Staff Report for the Planning Commission Meeting Prepared: January 2, 2002 Staff Contact- Ahhe S. Kennedy, Senior Planner This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 01/15/03 Pending Board of Supervisors: 02/12/03 Pending PROPOSAL: To rezone 2.63 acres from RP (Residential Performance), B2 (Business General), and M1 (Light Industrial) to B2 (Business General); and 2.01 acres from RP (Residential Performance), B2 (Business General), and M1 (Light Industrial) to B3 (Industrial Transition). LOCATION: This property is located on the eastern side along Martinsburg Pike (Route 11), approximately 3,400 feet north of the intersection of Rt. 11 and Lee Avenue. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 54A -1-15B, 54A -1-15C, 54A -1-15D; and 54A-1-16 and 54A-1-17 PROPERTY ZONING & PRESENT USE: Zoned: RP (Residential Performance) District Present Use: Office & Commercial Zoned: B2 (Business General) District Present Use: Office & Commercial Zoned: M1 (Industrial Light) District Present Use: Commercial ADJOINING PROPERTY ZONING & PRESENT USE: North: Zoned RP (Residential Performance) District South: Zoned M2 (Industrial General) District East: Zoned M1 (Industrial Light) District West: Zoned B2 (Business General) District and M2 (Industrial General) District Use: Residential Use: Industrial (Glover Petroleum) Use: Industrial/Office (Southeastern Container) Use: Industrial/Office (Shockey Companies) REZ #01-03, Frederick Block Company Page 2 January 2, 2003 PROPOSED USE: Continuation of the existing building materials business, with expansion for building materials sales and storage. REVIEW EVALUATIONS: Virginia Dept. of Transportation: VDOT is satisfied that the revised transportation proffers in the Frederick Block Company rezoning application dated November 1, 2002, address transportation concerns associated with this request (see attached VDOT letter dated December 5, 2002). Fire Marshal: Recommend automatic sprinkler system and automatic fire alarm system. Fire lane identification will be completed during the site plan process. Access is required at all normal and emergency access points to the structure(s). No on-site burning will be permitted. Plan approval recommended. County Engineer: See attached letter from K E. Strawsnyder, Jr., P.E. dated 12113102. Sanitation Authoritv: We do not have a 12" water main on the west side of Route 11; must be the City's. If we provide sewer service, we will also provide the water service. (See attached utilities map.) Frederick -Winchester Service Authority: No comments. Counly Attorne : Proffers appear to be in proper form. Winchester Regional Airport: This rezoning request will not impact airside operations at the 'Winchester Airport. Planning & Zoning: 1) Site History The original Frederick County (U.S.G.S. Winchester Quadrangle) zoning maps depict the site as parcels zoned R-1. Inl980, parcel 54A -1-15B was changed fromRl to B2, parcel 54A -1-15C was changed from R1 to M-1, and 54-A-1 5D was changed from R1 to M-1. Parcels 54A-1 16 and 54A-1-17 were changed from R1 to RP during the comprehensive rezoning of February 14, 1990. 2) Location The five parcels which comprise the proposed rezoning are located on the east side of Martinsburg Pike (Route 11), about 3,400 feet north of the Lee Avenue and Route 11 intersection. According to VDOT functional classification, Route 11 is a major collector road. The property is surrounded by a mix of uses, primarily commercial and industrial, with one residential property to the north. REZ #01-03, Frederick Block Company Page 3 January 2, 2003 3) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan calls for business and commercial development along business corridors. The proposed site is within the UDA and SWSA. Although no specific study has been done on this segment of Route 11 North, the comprehensive policy plan notes the following: that business corridors should implement landscaping to create amore aesthetically pleasing development; screening of incompatible uses can be done in the form of plants, walls, or berms; woodland buffers should remain where possible to provide screening from incompatible uses; and signage can affect the character of the area and property values. The fact that excessive numbers of signs can make the frontage appear cluttered and confusing is also stated in the plan. 4) Site Suitability The subject site contains no wetlands, steep slopes or woodlands, by definition. However, the northern portion of the site contains some mature deciduous trees in a dense vegetative area. The soil types do not have constraints that would prohibit development. 5) Intended Use The intended use is to rezone the 4.64 acre site from B2, M1 and RP Districts to establish 2.63 acres of B2 (Business General) and 2.01 acres of B3 (Industrial Transition) District. The existing M1 and RP on the site will be eliminated, creating a site more compatible with the existing land uses surrounding the site. Continuation of the existing building materials business is planned. 6.) Potential Impacts a) Transportation Impact Analysis Statement The 2000 VDOT Daily Traffic Volumes Manual identifies an average daily traffic volume of 11,000 vehicle trips on Route 11 between the northern City of Winchester limits and I-81 Exit 317. Information provided within the applicant's Impact Analysis Statement advises that traffic generation from the site which is proffered for a maximum build -out of 50,000 square feet at total build -out would produce an increase in projected traffic to 1,701 VPD. At this location, Route I 1 is three lanes with a center turn lane. The future development will be limited to two entrances that will be aligned with the entrances into the Shockey Companies. Planing Staff Comment By staff's calculations, this project appears to create a 15% increase for Route 11 daily traffic at this location. The applicant is proffering to limit access to two entrances and align the two entrances to the property entrances across Route 11. This will improve the existing condition of the Route 11 access, in terms of safety and aesthetics. The applicant also proffers to install a right -turn lane at the new commercial entrances on Martinsburg Pike if warranted by VDOT. VDOT is satisfied that the proffers offered in this rezoning application address their concerns, and will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data for review before development. REZ #01-03, Frederick Block Company Page 4 January 2, 2003 b) Historic Resources Impact Analysis Statement The Rural Landmarks Survey Report for Frederick County, Virginia Phase I -III, 1988-1992 does not identify historically significant sites or structures on the site or on the properties adjoining the site. The list of Potentially Significant Properties and the list of Sites Potentially Eligible for the State or National Register of Historic Places may be found on pages 248-250 of this report. C) Water and Sewer Impact Analysis Statement The applicant states that an existing 12" water main is currently in place on the west side of Route 11, and an 8" water main is located to the east of the site within the Fort Collier Industrial Park. The applicant states that public water and sewer serve the subject site from the Frederick County Sanitation Authority system. 7) Proffer Statement The applicant has submitted a proffer statement, which has been signed by the property owner, notarized, and reviewed by the County Attorney's office. The following is a summary of the conditions voluntarily proffered by the applicant: Land Use Restrictions The applicant proffers to prohibit the following land uses on the subject site: Motor freight transportation and warehousing, transportation by air; hotels and motels, organization hotels and lodging, drive-in motion picture theaters, golf driving ranges and miniature golf courses, and adult retail uses. Transportation The applicant proffers that access to Martinsburg Pike be limited to two commercial entrances, and that these entrances be aligned with the existing entrances to the Shockey Companies located on the west side of Martinsburg Pike. The applicant proffers to install a right -turn lane at the new commercial entrances on Martinsburg Pike if warranted by VDOT. Site Development Maximum Structural Area - The applicant proffers to limit the total structural area to 50,000 square feet for the entire 4.64 -acre site. Decorative Walls - The applicant proffers to refurbish the existing stone wall along Martinsburg Pike, and to construct rounded decorative walls at new commercial entrances also located on REZ #01-03, Frederick Block Company Page 5 January 2, 2003 Martinsburg Pilkl T ti' l 'tl f h f h tdlartinsburg r��.�. the decora��ve wa��s w��� be a ,���nimurr� o� twee Beet an height above the Martinsburg Pike road grade and will be constructed of brick, block, stone or similar material. The design and construction of the decorative walls will be in conjunction with the site plan, and will be located to ensure adequate site distance for vehicles. (Staff note: The extent, size, details, and location of such walls should be clarified.) Signage - The applicant proffers to refurbish the existing freestanding business sign located in the southwest corner of the 4.64 -acre site. The refurbished sign will not exceed 24 feet in height and is proffered to be the only freestanding business sign on the site. A site plan will be submitted to the Frederick County Building Official for review and approval prior to use of the existing freestanding business sign. Any additional sign along Martinsburg Pike will be monument style, limited to a maximum height of 12 feet. (Staff note: Clarification of the proffer statement regarding signs is warranted. While the applicant's request is to refurbish the existing freestanding sign, this does not legitimize the existing zoning violation. According to Frederick County Code 165-30(1)(2), if the message portion of a sign is removed, the supporting structural components shall be removed or the message portion replaced within 30 days. The existing sign pole currently stands 20' high with the messageportion removed. Staffalso notes that monument style signs arefree-standing signs, yet the proffer states the refurbished sign would be the only freestanding sign. The Frederick County Comprehensive Policy Plan encourages monument style signage for new business located along the Route 11 corridor.) Lot Consolidation The applicant proffers to prepare and submit a consolidation plat to the Planning Department within 90 days of rezoning approval, which will combine the existing five (5) parcels of land into one (1) 4.64 -acre parcel. Buffers and Screening The applicant proffers to maintain a vegetative strip along the northern property boundary that is a minimum of 50 feet in width, and to provide for a single row of evergreen tree plantings that are a minimum of four feet in height when planted, and spaced a maximum of ten feet on center. The design and planting plan shall be provided in conjunction with the approved site plan for the 4.64 -acre site. (Staff note: As part of the proffered site development standards, staff would suggest that the exact locations of the proposed minimum 50' vegetative strip to be preserved and used as a buffer and screening element should be clarified.) REZ #01-03, Frederick Block Company Page 6 January 2, 2003 • Monetary Contribution A payment of $500.00 for Frederick County Fire and Rescue to be redistributed to Clearbrook Volunteer Fire and Rescue Company for capital facilities costs is voluntarily proffered. STAFF CONCLUSIONS FOR 01/15/03 PLANNING COMMISSION MEETING: The 4.64 -acre site is within the County's Urban Development Area (UDA) and Sewer and Water Service Area (SWSA). The properties along this segment of Martinsburg Pike contain significant areas of commercial and light industrial land uses, both in the City and in the County. The applicant has attempted to improve the existing site, and mitigate impacts associated with this rezoning request through the submitted proffers Where site development proffers exist, staff would suggest that a generalized development plan be submitted along with the rezoning proposal to show the locations of the proposed 50' minimum vegetative preservation, and the locations ofthe proposed decorative walls. Staffwould suggest corridor tree plantings at one tree per 40 linear feet, in conjunction with the masonry walls to further compliment the Route 11 corridor. This standard for street trees along major collector roads is consistent with expectations for development along county corridors. The Comprehensive Policy Plan notes that controls on signs play an important part in establishing the character of business corridors. The appearance of the Route 11 corridor would be further improved by monument style signage for new businesses. Staff would encourage this type of signage on the site as the only freestanding business sign to be located along Martinsburg Pike. Staff feels the applicant should be prepared to address these issues to the satisfaction of the Planning Commission prior to a recommendation being forwarded to the Board of Supervisors. O:\Agendas\COMMENTS\REZONING\Staff Report\2003\Frederick Block Co_PC—pd COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY Philip A. Shucet 14031 OLD VALLEY PIKE COMMISSIONER EDINBURG, VA 22824 December 5, 2002 /DOT Comments to Rezoning Greenway Engineering for Frederick Block Company Route 11, Martinsburg Pike Frederick County JERRY A. COPP RESIDENT ENGINEER TEL (540) 984-5600 FAX(540)984-5607 The documentation within the application to rezone this property appears to have a slight impact on Route 11. This route is the VDOT roadway which has been considered as access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Frederick Block Company Rezoning Application dated November 1, 2002 addresses transportation concerns associated with this request. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual, Sixth Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off-site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection �i fee and surety, Lbond ccvc;rag--. Thank you for allowing -Ps they opportunity to comment. Ben H. Linebe5'r�,,4F, Trans. Assistant Resident Engineer s VirginiaDOT.org ' WE KEEP VIRGINIA MOVING COUNTY of FREDERICK [I December 13, 2002 Mr. Evan A. Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Frederick Block Rezoning Frederick County, Virginia Dear Evan: Department of Public Wor' 540/665-56-., FAX: 540/678-0682 We have completed our review of the subject rezoning and offer the following comments: 1) Provide a plat delineating the proposed B-2 (2.63 acres) and B-3 (2.01 acres) zoned areas. 2) The impact analysis indicates that the existing storm sewer system is adequate to accept additional runoff from future development on the 4.64 acre site. We will reserve approval of this concept until such time that we have had an opportunity to review the drainage calculations for the proposed development. Our approval of the proposed rezoning will be contingent upon receipt of the above referenced plat. Sincerely, Harvey trawsnyder, Jr., P.E. Director of Public Works HES/rls cc: Frederick County Planning and Zoning file 0-7 ® , - CACorehWordPerfectMiondaTredblocla•ezconi.wpd y�' i 107 North Kent Street • Winchester, Virginia 22601-5000 V ASreRE 12.' MATER o U U� I 12 z" 12- I OUTPUT MODULE APPLICANT: Frederick Block Net Fiscal Impact LAND USE TYPE B2, B3 REAL EST VAL $3,254,419 Costs of tmpaCf Oredit_ C_Re_tato be Take Required Total Potential Adjustment For FIRE & RESCUE 6 (entered in Cur. Budget Cur. Budget Cap. Future CIP/ Capital Faciltiies col sum only) Op_er Qe E quip Expen //Debt S. Taxes—Other Tax Credits Revenue- Net Capital Net Cost Pei - (Unadlusted) CQ5_tBalance Facilities Impact Dwelling Unit Fire and Rescue Department $23,779 Elementary Schools $0 $0 $0 $23,779 ERR Middle Schools $0 $0 $0 $0 --- ---- High Schools $0 $0 $0 ERR Parks and Recreation $0 $0 Public Library $0 $0 $0 $0 ERR Sheriffs Offices $0 $0 $1,947 $0 $0 $0 $1,947 $0 $1,947 $0 $0 ERR Administration Building $0 $0 $0 ERR Other Miscellaneous Facilities $0 $4,670 $5,155 $9,825 $0 $9,825 $0 ERR $0 ERR SUBTOTAL LESS: NET FISCAL $23,779 $6,617 $5,155 $0 IMPACT $2,290,558 $11,772 $11,772 $12,007 ERR NET CAP. FACILITIES IMPACT $2,290,558 $2,290,558 ($2,290,558) ERR 0 ERR INDEX: "1.0" If Cap. Equip Included 1.0 INDEX: "1.0" if Rev -Cost Bal, "0.0" if Ratio to Co Av g: 0.0 Rev -Cost Bal = 1.000 PLANNING DEPT PREFERENCES 1.0 1.0 Ratio to Co Avg = 1.342 ETHODOLOGY 1. Capital facilities requirements are input to the first column as calculated in the ----------- --------- ---- — ---------------- —-------- --------- -------- 2. model. Net Fiscal Impact NPV from operations calculations is input in row total of second column (zero if negative); included are the one-time taxes /fees for one year only at full value. 3. NPV of future oper cap equip taxes paid in third column as calculated in fiscal impacts. 4. NPV of future capital expenditure taxes paid in fourth col as calculated in fiscal impacts. 5. NPV of future taxes paid to bring current county up to standard for new facilities, as calculated for each new facility. 6. Columns three through five are added as potential credits against the calculated capital facilities requirements. These are adjusted for percent of costs covered by the revenues from the project (actual, or as ratio to avg. for all residential development). -DOTE: -Proffer calculations do not include include interest because they are cash payments up front. Credits do include interest if the projects are debt financed. NOTES: Model Run Date09/25/02 ASK Project Description: Assumes 50,000 sq -ft. retail on 5acres zoned B2 District and B3 District. Due to changing conditions associated with development in the County, the results of this Output Module may not be valid beyond a period of 90 day s from the model run date. 2001MODEL REZ##01-03 Frederick Block Co. PINs: 54A -1 -15B, 15C, 15D 54A-1 -16.17 0 0 50 100 Feet pmm%..l� Greenway Engineering November 1, 2002 Frederic. Block Company Rezoning FREDERICK BLOCK COMPANY REZONING Tax Parcels # 54A-((1))-1513, 54A-((111-15[~, 54A -((1+15D9 54A-((1))-169 54A-((1))-17 Stonewall Magisterial District Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # 01-03 for the rezoning of 4.64 acres from the B2, Business General District, M1, Light Industrial District and RP, Residential Performance District to establish 2.63 acres of B2, Business General District and 2.01 acres of B3, Industrial Transition District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this applicant and their legal successors, heirs, or assigns. The subject property, more particularly described as the lands owned by Frederick Block Company being all of Tax Map Parcels 54A -((1))-15B, 54A -((1))-15C, 54A -((1))-15D, 54A-((1))-16 and 54A-((1))-17 and further described by Boundary and Topographic Survey of the land of Slaughter Properties and Stephen R. Slaughter, et al, dated February 27, 2001 (see attached Boundary and Topographic Survey Plan). A.) Land Use Restriction The applicant hereby proffers that the following land uses shall be prohibited on any portion of the subject site that is zoned B2, Business General District and B3, Industrial Transition District: SIC 42 Motor freight transportation and warehousing SIC 45 Transportation by air SIC 701 Hotels and motels SIC 704 Organization hotels and lodging SIC 78 Drive-in motion picture theaters SIC 7999 Golf driving ranges and miniature golf courses Adult retail uses (No SIC) File #3171/EAW Greenway Engineering November 1, 2002 Frederic,. Block Company Rezoning B.) Transportation 1.) Access The applicant hereby proffers that access to Martinsburg Pike (U.S. Route 11) shall be limited to two commercial entrances. The applicant further proffers that the location of the two commercial entrances shall be aligned with the existing entrances to the Shockey Companies located on the west side of Martinsburg Pike. The design and construction of the new commercial entrances shall be provided in conjunction with the approved site plan for the 4.64 -acre site. 2.) Turn lane — US Route 11 The applicant hereby proffers to install a right -turn lane at the new commercial entrances on Martinsburg Pike (U.S. Route 11), if warranted by VDOT. If warranted by VDOT, the design and construction of the right turn lane shall be provided in conjunction with the approved site plan for the 4.64 -acre site. C.) Site Development 1) Maximum Structural Area The applicant hereby proffers to limit the total structural area to 50,000 square feet for the entire 4.64 -acre site. 2) Decorative Walls The applicant hereby proffers to refurbish the existing stonewall along Martinsburg Pike (U.S. Route 11 North) and to construct rounded decorative walls at the new commercial entrances also located on Martinsburg Pike. The decorative walls will be a minimum of three (3) feet in height above the Martinsburg Pike road grade and will be constructed of brick, block, stone or similar material. All decorative walls will be designed and located to ensure that the visibility of vehicles entering and exiting the 4.64 -acre site is not negatively impacted. The design and construction of the decorative walls shall be provided in conjunction with the approved site plan for the 4.64 -acre site. 3) Signage The applicant hereby proffers to refurbish the existing freestanding business sign located in the southwestern corner of the 4.64 -acre site. The refurbished sign will not exceed twenty (20) feet in height and is proffered to be the only freestanding business File #3171/EAW 2 Greenway Engineering November 1, 2002 Frederic,, Block Company Rezoning sign on the 4.64 -acre site. A sign plan will submitted to the Frederick County Building Official for review and approval prior to any use of the existing free- standing business sign. Any additional business sign located along the Martinsburg Pike corridor will be monument signs that shall be limited to a maximum height of 12 feet. 4) Lot Consolidation The applicant hereby proffers to prepare and submit a consolidation plat to the Frederick County Planning Department within 90 days of rezoning approval. This consolidation plat shall combine the existing five (5) parcels of land into one (1) 4.64 - acre parcel. D.) Buffers and Screening The applicant hereby proffers to maintain a vegetative strip along the northern property boundary that is a minimum of 50 feet in width. The applicant further proffers to provide for a single row of evergreen tree plantings that are a minimum of four (4) feet in height when planted and spaced a maximum of ten (10) feet on center. The design and planting of the evergreen trees shall be provided in conjunction with the approved site plan for the 4.64 -acre site. E.) Monetary Contribution to Offset Impact of Development The undersigned owners of the above-described property hereby voluntarily proffer that in the event rezoning application # 01-03 is approved, the undersigned will pay to the Treasurer of Frederick County, Virginia the following amount: $ 500 for Frederick County Fire and Rescue to be redistributed to Clearbrook Volunteer Fire & Rescue Company for capital facilities costs This payment is intended to offset the additional cost to Frederick County due to an increased demand on public services and will be paid within ninety (90) days following approval of the rezoning by the Board of Supervisors. File #3171/EAW 3 Greenway Engineering November 1, 2002 Frederic& Block Company Rezoning G.) Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By. r7�lXlt7 Stephen R. Slaughter Date By: Stephe C. Slaugl# bate Commonwealth of Virginia, City/County of 64, E :9(,,c' , e K To Wit: The foregoing instrument was acknowledged before me this 4r44 day of No;,'Er?7BE(L 200"y,Q,REN' Notary Public My Commission Expires File #3171/EAw 4 11A43AC T STAT 1[!j T FREDERICK BLOCK CO, '� �Ol14 Ii' Stonewall District Frederick County, Virginia TM 54A -((1))-15B, 54A -((I)) -15C9 54A -((1))-15D9 54A-((1))-169 54A-((1))-17 4.64 Acres November 1, 2002 Current Owner: Slaughter Properties Contact Person: Evan A. Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 Greenway Engineert.ig November 1, 2002 FREDERICK BLOCK CO. REZONING INTRODUCTION Freau ick Block Co. Rezoning This report has been prepared for the purpose of assessing the impact on Fredrick County by the proffered rezoning of five parcels totaling 4.64 -acres, owned by Slaughter Properties. The subject site is located on the east side of Route 11 (Martinsburg Pike), approximately 3400 feet north of the intersection of Martinsburg Pike (Route 11) and Lee Avenue. The current zoning of the parcels comprising the 4.64 -acre site is B2, Business General District, Ml, Light Industrial District and RP, Residential Performance District. Slaughter Properties proposes to rezone the 4.64 -acre site from B2, M1 and RP Districts to establish 2.63 acres of B2, Business General District and 2.01 acres of B3, Industrial Transition District. See attached Proposed Property Boundary & Zoning Boundary Exhibit. Basic information Location: East of Route 11 and North of the Intersection of Route 11 & Lee Avenue Magisterial District: Stonewall Property ID Numbers: 54A -((1))-15B, 54A -((1))-15C, 54A -((1))-15D, 54A-((1))-16, 54A-((1))-17 Current Zoning: B2, M1 & RP Current Use: Retail and Wholesale Commercial Sales & Outdoor Product Storage Proposed Use: Retail and Wholesale Commercial Sales & Outdoor Product Storage Proposed Zoning: B2 & B3 Total rezoning area: 4.64 -acres COMPREHENSIVE PLAN The proposed rezoning of the subject site area is consistent with the current zoning of properties along the Martinsburg Pike (Route 11) corridor. The Route 11 corridor contains significant areas of general commercial, heavy commercial and light industrial land uses in both the County and the City of Winchester. The Comprehensive Policy Plan calls for the development of new business in the vicinity of existing business and industrial areas. The 4.64 -acre site is located within the Urban Development Area and the Sewer and Water Service Area; therefore, expansion beyond the existing boundaries is not required by this application. 2 Greenway Engineemig November 1, 2002 A. SUITABILITY OF THE SITE Access Fredt,ick Block Co. Rezoning The subject site, tax parcels 54A -((1))-15B, 54A -((1))-15C, 54A -((1))-15D, 54A-((1))- 16, 54A-((1))-17, is located on a manmade boundary created by Route 11 (Martinsburg Pike) along the western boundary. The subject site has approximately 590 feet of frontage and two entrances on Route 11. No additional entrances are proposed for the rezoning of this property. Flnnrl Plaine The subject site is located on the FEMA NFIP map #510063-0105 -B. The entire site is located as "Zone C", area outside the 100 -year flood plain. Wetlands There are no wetlands on the subject site. Steep Slopes There are no steep slopes on the subject site. Mature Woodlands A dense vegetative area exists along the northern portion of the subject site area. This area contains some mature deciduous trees; however, does not meet the definition of woodlands by the Frederick County Zoning Ordinance. It is the intent of the applicant to maintain a strip of the dense vegetative area along the northern property line to adequately screen this site from the adjoining residence to the north. Soil Types The following soil types contained in this tract have been obtained from the Soil Survey of Fredrick County, published by the USDA Soil Conservation Service. The subject site is located on map sheet number 30, and contains one soil type: 14B -Frederick Poplimento loams — 2-7 percent slope This soil type is identified as prime agricultural soils and does not have constraints that would prohibit development. 91 Greenway Engineerilig November 1, 2002 B. SURROUNDING PROPERTIES Adjoining property zoning and present use (see existing zoning map): North: Zoned RP (Residential Performance) South: Zoned M2 (Industrial General) East: Zoned M 1 (Light Industrial) West: Route 11 (Martinsburg Pike) C. TRANSPORTATION Use: Residential Frederick Block Co. Rezoning Use: Glover Petroleum Distribution Use: Southeastern Container Use: Shockey Companies According to the VDOT Functional Classification located in the Transportation Chapter of the Frederick County Comprehensive Policy Plan, Route 11 is classified as a major collector road from the northern limits of the City of Winchester to Route 37. The proposed change in zoning will allow for structural expansion of the existing site, which is proffered for a maximum build out of 50,000 square feet. Currently, the site contains 8,700 square feet of structural area not including an open pole barn storage structure that is 3,125 square feet. Page 2 of the 2000 Virginia Department of Transportation Daily Traffic Volumes Manuel identifies an average daily traffic volume of 11,000 vehicle trips on Route 11 between the northern City of Winchester limits and Interstate 81 Exit 317. The Institute of Transportation Engineers Trip Generation Manual provides traffic generation information for Building Materials and Lumber Stores as follows: Route 11 Traffic = 11,000 VPD Average Vehicle Trips = 41.18 VPD' Square Footage of Business = 50,000 sq.ft. Projected Traffic = 2,059 VPD total build out Existing Traffic Based on Current Square Footage = 358 VPD Increase In Projected Traffic at Total Build out = 1,701 VPD Percentage of Traffic Increase for Route I1 Daily Traffic Volume = 0.15% 'This figure is in accordance to the I.T.E., Trip Generation Manual, 6th Edition, and is projected for a Building materials and Lumber Store, as per 1000 Sq. Feet Gross Floor Area, on a Saturday (page 1209 in the manual). Route 11 is a three -lane road system with a center turn lane at this location. The future development of this site will be limited to two entrances that will be aligned with the entrances into the Shockey Companies. These entrance enhancements coupled with frontage improvements required by VDOT will ensure that Route 11 functions appropriately at this location. Greenway Engineeri,.g November 1, 2002 Fredet ick Block Co. Rezoning D. SEWAGE AND CONVEYANCE TREATMENT & WATER SUPPLY The subject site is located within the Sewer and Water Service Area (SWSA) boundary. An 8" sewer main traverses the property from west to east within a 20 -foot sewer easement that also contains a storm sewer. A 12" water main is currently in place on the west side of Route 11 and a 8" water main is located to the east of the site within the Fort Collier Industrial Park. Public water and sewer serve the subject site from this Frederick County Sanitation Authority system. The impact of this proposed rezoning of the 4.64 -acre site on sewage conveyance and water supply is based on the square footage of the proffered 50,000 square feet of structural area. Design figures show an estimated 200 GPD, for both the sewer and water systems, per 1,000 square feet of ultimate floor space (These numbers are in reference to the Land Development Handbook, Dewberry & Davis, 1996, page 461). The figures below represent the impact that the total build out of the proffered square footage of structural area has on the sewage conveyance and water supply systems. Q = 200 GPD per 1,000 Sq. Ft. Q = 200 GPD x 50 (1,000 sq. ft.) Q =10,000 GPD projected at total build out Q = 1,740 GPD based on current developed square footage Q = 8,260 GPD increase projected based on available square footage The Opequon Water Reclamation Facility has a hydraulic capacity of 8.4 MGD. The projected increase of 8,260 GPD at total build out of the proffered structural area will have a minor impact on the sewage conveyance system and water supply systems. E. DRAINAGE The subject property drains from the north and the south to the central portion of the property to an existing storm sewer, which also captures storm water from the west side of Route 11. This storm water is diverted to a channel within the Fort Collier Industrial Park. The storm sewer and drainage channel are appropriate to accept additional runoff from the future development of the 4.64 -acre site. The future development will be designed in accordance with all applicable state and local storm water management requirements and erosion and sedimentation control. 5 Greenway Engineeri..s November 1, 2002 Frecicrick Block Co. Rezoning F. SOLID WASTE DISPOSAL I he impact on solid waste disposal facilities can be projected from an average annual business consumption of landfill volume of 5.4 cubic yards per 1,000 sq ft. of structural area (This number can be found in the Civil Engineering Reference Manual, 4th edition). DV = 5.4 Cu. Yd. per 1,000 sq. ft. DV = 5.4 Cu. Yd. x 50 (1,000 sq. ft.) DV = 2700 Cu. Yd. The build out of the 4.64 -acre site will have a minimal impact landfill use. G. HISTORICAL SITES AND STRUCTURES The Rural Landmarks Survey Report for Frederick County, Virginia Phase I -III, 1988- 1992 does not identify historically significant sites or structures on the site or on properties adjoining the site. The of Potentially Significant Properties and the list of Sites Potentially Eligible for the State or National Register of Historic Places may be found on pages 248-250 of this report. H. IMPACT ON COMMUNITY FACILITIES The County's Capital Facilities Fiscal Impact Model has been prepared for the proposed rezoning of the 4.64 -acre site based on a proffered maximum square footage of 50,000 square feet of retail use. The revenues received for capital facilities costs are significant and offset all impacts to county services. The applicant has proffered a monetary contribution for fire and rescue services due to the net capital facilities impact demonstrated by the model. This monetary contribution exceeds the percentage of the net capital facilities impact to revenues, which should adequately address any impact to fire and rescue services. m REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff 410 Fee Amount Paid Zoning Amendment Number 0 1- Q3 Date Receive /z -t9 -a2 PC Hearing Date � - {5 Q3 BOS Hearing Date ()Z.,_,12'03 The following information shall be provided by the applicant.- All pplicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. 2. 3. 4. Applicant: Name: Greenway Engineering Telephone: (540)-662-4185 Address: 151 Windy Hill Lane Winchester VA 22602 Property Owner (if different from above) Name: Slaughter Properties Telephone: (540)-667-1261 Address: P.O. Box 696, Winchester, VA 22604 Contact person if other than above Name: Evan Wyatt Telephone: (540)-662-4185 Checklist: Check the following items that have been included with this application. Location map ® Agency Comments Plat ® Fees Deed to Property ® Impact Analysis Statement Verification of taxes paid ® Proffer Statement RECEIVED DEC t 6 2002 FREDERICK COUNTY PLANN�G 8� 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Slaughter Properties 6. A) Current Use of the Property: B) Proposed Use of the Property: 7. Adjoining Property: Frederick Block Company Frederick Block Company PARCEL ID NUMBER USE ZONING 54-((A))-19 Glover Oil M2 54A-((1))-18 Single Family Residential RP 54-((A))-361 Southeastern Container M1 54A-((1))-1,2,3 & 15A Shockey Industries B2 8. Location: The property is located at (give exact located based on nearest road and distance from nearest intersection, using road names and route number): Eastern side along Route 11 (Martinsburg Pike), approximately 3400 ft. north of the intersection of Route 11 and Lee Avenue RECEIVE DEC 1 6 2002 FREDERICK COUNTY PLANNING & DEVELOPMENT Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density or intensity scenario for the proposed Zoning District as described on Page 9 of the application package. 9. Parcel Id entification/Location: Parcel Identification Number 54A -((I)) -15B, 54A -((I)) -15C, 54A -((1))-15D, 54A-((1))-16 54A-((1))-17 Magisterial: Fire Service: Rescue Service 10. 11. Stonewall Clearbrook Clearbrook Districts High School: Middle School: Elementary School James Wood James Wood Stonewall Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 2.63 RP; 132; M 1 B2 2.01 RP; B2; M1 B3 4.64 1 Total Acreage to be rezoned The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family homes: Townhome: Non -Residential Lots: Mobile Home: Square Footage of Proposed Uses Office: Service Station: Retail: Manufacturing: Restaurant: Warehouse: Other Multi -Family Hotel Rooms: 50,000 sq.ft. of total structural area proffered for 4.64 - acre site 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of -Frederick rederick County, Virginia. 1 (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the bet of my (our) knowledge. Applicant(s): Owner (s): Date: 12, 1(: 0.fl— Date: Date: Date: L o Z— Frederick Block Rezoning - Location Map >ir3�.atim: 2,500.00 n %RRISON d JOHNSTON ATTORNEYS AT LAW WINCHESTER. VIRGINIA 1012G1i ? THIS DEED made and dated this 4y— day of lG�r. 2000, by and between FORT COLLIER GROUP, L.C.., a Virginia limited liability company, hereinafter called the Grantor; and STEPHEN R. SLAUGHTER, DEBORAH J. SLAUGHTER and STEPHEN C. SLAUGHTER, hereinafter called the Grantees. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00) cash hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors do hereby grant, sell and convey, with General Warranty and with English Covenants of Title (but no warranty as to the accuracy of the survey nor the acreage), into the Grantees, as joint tenants with right of survivorship in fee simple, together with all ights, rights of way, privileges and appurtenances thereto belonging; All of that certain strip of land, containing .728 Acre, more or less, more particularly described by plat prepared by Greenway Engineering, Inc. attached to a dee( recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deec Book 705, beginning at Page 433, (a portion of the plat is attached he:relo) which strip of land runs from U. S. Route 11, just North of Winchester, Virginia and extends to the property owned by Chessie System Railroad; and being a portion of the property conve ed b d bruary 9, 1989 and recorded in the aforesaid Cleric's Office in eed Book 05, at Page 433. WITNESS the following signatures and seals: FORT COLLIER GROUP, L.C. BY G^^ a� / �'"t /SEAL) aures L. Mcllvaine, Jr.,Manag rr ` B, a=(SEAL) on C. cIlva ne, anger W STATE OF VIRGINIA k i' /County of fit lf�y , to -wit: The foregoing was acknowledged before me this 6�11y of A10V4-111"J1:571iL 2000, by James L. McIlvaine, Jr., Manager of Fort Collier Group, L. C., a Virginia Limited Liability Company, on behalf of said comparty. My commission expires V-2,) -.10o Y STATE OF VIRGINIA y/County of z" Z , to -wit: The foregoing was acknowledged before me this of AlcW- t-2710tiz 200 Don C. McIlvaine, Manager of Fort Collier Group, L. C., a Virginia Limited Liability Corr on behalf of said company. My commission expires 1 otary Public �. real esticsmlcsm,flcol I`slaughtr x IRRISON b JOHNSTON ATTORNEYS AT UW NNCHESTER. VIRGINIA ,.► .��_�..� aim*• ' � a- a- �� ,uvriaN.�� aArvr 93 A zoa�.crx�E A i . —. �-maxis eau A� svc �r as' � �►a.erio�u cf tcWmd'CATC ICR F�'1"9W M14 1L / �O Olr1g t 06J'd7 ;fie slow 411 a 'm q � V ,�t1/V � •f�A�W�' � V1 Qd, tad 4 R Vo 1 Act Es ,uvriaN.�� aArvr 93 A zoa�.crx�E A i . —. �-maxis eau A� svc �r as' � �►a.erio�u cf tcWmd'CATC ICR F�'1"9W M14 1L / �O Olr1g t 06J'd7 ;fie slow 411 Q . ��t�5fc4�9 ry "a accoapanylal plat rapaeoenta A eurvev of a postion CrI at the 144td oanve_wed to rt. Collier Farm& Inc., decd dated (DO ratruary 15, 1073 nod recorded in the rrodorivft Caunty Court Ciertt`m odfeco' to Dead back mad at page 424 and plea a portion aS the !And aorgveyrd to d'art Collier raroe. Inc. 4r deed dated joqogry ;1; 19110 and recorded in Heed •Gait '1107 at page 995. ?no Z0 tt. reserved strip shorn on tM plat ie • portion of the taa4 conveyed to tort Coillor rarne, Inc. in Coad took sal 40 p441e BTS sad to etwwn on as such on the oomapaita p14t of Vuatar 1i. Stine satate Lots racorded in Deed DQ0as 2t0 of ?*go sit. The Bald 1404 lies *long tAe eeet 81410 of V. to Acute 11'1uAt math at Winchester City Limits to ,taoewtil Olmtrict, lrederiat County► Visrglals Aad to hounded as doliovs. s4gianing at an Iron pfa-.found in tha s,aatain boundary ilad of U. it. coute 11 and cathed to Rad+tl6fllAeOw With t+&atle S 5714i1'ti"s - 4u5.60' 1pasaios ov+ar 4w Iran pin found at 7r4.91`1 to as iron pin set la `he western bound- ary line of the Cheaale t;ye^_,ae &oilroad (1040)1 thence with eh* woet.evn 'b�aundery 1 i ne of art ld ca t t rood B 47' 22' 1140W . 02.50' 'to an iron pis act in the western boundary linty^ of sold Reffroad rad Corner to Slaughtsrl-tbance With► 31tughter li S7'a4r`11•M o st+7.d1� to ase Iran pin sat caroor to slaughter a" In the cn•tmra boundary line of U. S. Bout& III thence with the eastern boundary llns of U. 0. Route 11 N 1494010•9 - VQ.oi' to the 0*91nning. Conta,l0iaq. 9.7211 mare* surveyed. •'• Om:ober lY► 191to v1 IMIA. IMidtpl .��Nt!• �.. t'tste"tt 1w W174 MUS 644140419 )UNTY, SCT. produced to me on fl26 0 o az - Q id with certificate of acknowledgement theret annexed .is admitted to record. Tax imposed by Sec. 58.1-802 of and 58.1-801 wave been paid. if assessable EM Clerk • • C7 MASTER DEVELOPMENT PLAN #01-03 CANTER ESTATES - SECTION V Staff Report for the Planning Commission Meeting Prepared: January 3, 2003 Staff Contact: Jeremy F. Camp This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 01/15/03 Pending Board of Supervisors: 02/12/03 Pending IL.00ATION: This property is located on the west side of Front Royal Pike (Rt. 522 South) approximately 1,200 feet south of Parkins Mill Road (Rt. 644). MAGISTERIAL. DISTRICT: Shawnee PROPERTY ID NUMBERS: 76-A-22 and 76-A-23 PROPERTY ZONING & PRESENT USE: Zoned: RP (Residential Performance) Land Use: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: Zoned RA (Rural Areas) District Use: Residential; Agricultural South: Zoned RP (Residential Performance) District Use: Undeveloped sections of Wakeland Manor and Canter Estates East: Zoned RA (Rural Areas) District Use: Residential West: Zoned RA (Rural Areas) District Use: Vacant PROPOSED USE: 200 Residential Lots, Single Family Detached Urban MDP #01-03, Canter Estates, Section V Page 2 January 3, 2002 RIEW EVALU EVATIONS : Virginia Dept. of Transportation: The preliminary master plan for this property appears to have significant measurable impact on Route 522 and Clydesdale Drive, the existing and future VDOT facilities which will provide access to the property. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the ITE Trip Generation manual, Sixth Edition, for review. VDOT reserves the right to comment on all right-of-way needs, including night -of -way dedications, traffic signalization and off-site roadway improvements and drainage. Prior to construction on the State's right-of-way, the developer will need to apply to this office for issuance of appropriate permits to cover said work. Please be mindful of the comments made at the rezoning stage for this particular subdivision which at that time was called "Danford Ridge." I have attached a copy of our comments for your reference*. In addition, as part of the required Traffic Impact Analysis that will be conducted during the subdivision site plan review, the impacts to Route 522 and Clydesdale Drive will be reviewed. On Sheet 2 of 3, "Parkins Mill Road" is spelled incorrectly on the labeled 80' fight -of -way. Thank you for allowing us the opportunity to comment. (*See letter dated September 20, 2002) Fire Marshal: Recommend residential sprinkler system. Additional comments: fire hydrants must be within 400 feet of each single family dwelling per Frederick County Code, Section 90-4. Additional fire hydrants may be needed beyond those shown on the Master Development Plan to meet thes, requirements. These can be addressed during the subdivision comment phase. Sanitation Authority: First review - approved as noted; one item. Counly Engineer: Upon review of the subject master plan we offer the following comments: 1) A comprehensive review of all grading, drainage and stormwater management shall be performed at the time of subdivision plan submission; 2) A land disturbance permit shall be required prior to any timber operations or land clearing operations; 3) A comprehensive review of the Lick Run erosion drainage study shall be performed prior to subdivision approval. We recommend approval of the subject master plan. Building Official: No comment required at this time. Shall comment on subdivision lots submittal. Parks & Recreation: Please provide a project summary which includes the following: recreational units required, recreational units provided; open space required, open space provided; percentage of open space in the following environmental areas: lakes and ponds, wetlands, steep slopes; usable open space provided. Winchester Regional Airport: The above -referenced master plan has been reviewed and it appears that the proposed site plan will not have an impact on operations at the Winchester Regional Airport as the majority of the subdivision falls outside of the airport's Part 77 surface. No special requirements c conditions are requested on behalf of the Winchester Regional Airport Authority. Thank you for your cooperation and consideration in the continuing safe operations of the Winchester Regional Airport. MDP #01-03, Canter Estates, Section V Page 3 January 3, 2002 Planning & Zoning. Site History The original zoning map for Frederick County (U.S.G.S. Stephens City Quadrangle) documents that the site was zoned A2 (Agricultural General) District. This zoning designation was reclassified to RA (Rural Areas) District on February 14, 1990, when the comprehensive revision to the Zoning Ordinance was adopted by the Board of Supervisors. In 1998, the County considered rezoning application #19-98, a request to rezone the subject properties from RA (Rural Areas) to RP (Residential Performance). On January 27, 1999, rezoning application 419-98 was approved by the Board of Supervisors with various proffered conditions. These proffers were revised on November 13, 2002, by the Board of Supervisors. The revised proffers allowed the Front Royal Pike (Route 522) entrance to become a secondary entrance to the development. The utilization of the adjacent development's (Canter Estates, Section III) access to Route 522 was approved as the primary entrance. The other proffers of the rezoning application include the following: • Monetary contributions totaling $4,087.97 per lot. o Provisions for the future Warrior Drive and Parkins Mill Road extensions. • Maximum of 250 single-family lots; no multi -family. • Provisions to preserve the viewshed of Frederick Hall historic structure (#34-143). • A VDOT-approved traffic impact study during the Subdivision Design Plan process. Site Suitability: The property which would comprise Canter Estates, Section V, is appropriately zoned for single family detached urban lots. The proposed development is located within the Urban Development Area (UDA). Furthermore, the general design of the preliminary master development plan is consistent with the approved proffers. The site contains significant areas of environmental features, such as areas of steep slopes, woodlands, as well as a small area of floodplain. Lick Run flows through the two properties and drains into the Opequon Creek, which is located just to the north of the site. No wetlands, lakes, ponds, sinkholes, or natural stormwater detentions areas have been identified at the site. No significant historic resources are found on either of the two properties of this proposed development; however, the Frederick County Rural Landmarks Survey identifies the Frederick Hall House (434-143) and Parkins Mill Battery (#34-458) as potentially significant historic resources. Both are located to the north of the subject properties. A 20 -foot viewshed preservation area is proposed along the north property line of the proposed development. The Frederick County Eastern Road Plan, a component of the Frederick County Comprehensive Policy Plan, illustrates significant transportation planning efforts for the area affected by the MDP #01-03, Canter Estates, Section V Page 4 January 3, 2002 proposed development. These transportation plans include the extensions of Warrior Drive and Parkins Mill Road. The Frederick County Bicycle Plan, also a component of the Frederick County Comprehensive Policy Plan, identifies the future extensions of Warrior Drive and Parkins Mill Road as "proposed designations" for future bicycle lanes. Front Royal Pike (Route 522) is also designated as a location for a future bicycle lane. Project Scope: The preliminary master development plan of Canter Estates, Section V, proposes 200 single family detached urban lots on 103.74 acres with a gross density of 1.93 lots per acre. A total of 38% of the site is proposed as open space. The plan does not indicate the amount of protected environmental features which would be located in open space. Woodlands and steep slope disturbance is within the parameters of the Frederick County Zoning Ordinance; however, a significant amount of the preserved woodlands and steep slopes are located outside of proposed open space. Therefore, these environmental features would be located within individual building lots. The Frederick County Zoning Ordinance states that undisturbed environmental areas may be included in the required setback and yard areas on residential lots but only if approved by the Planning Commission. Road efficiency buffers are proposed along Front Royal Pike (Route 522), the future Parkins Mill Road and the future Warrior Drive, of which the latter two roads will be provided for by the developer. The preliminary master development plan proposes the utilization of existing trees within the road efficiency buffer areas to satisfy the screening requirements. The Frederick County Zoning Ordinance allows for alternative designs, such as what is being proposed but only if approved by the Planning Commission. The primary access to the site is proposed from Brabant Drive (formally planned as Ruddy Drive), which would traverse Canter Estates, Section III. A secondary access point is provided as a right-in/right-out entrance onto Front Royal Pike (Route 522). Access to the future road extension of Parkins Mill Road is also proposed. Curb and gutter, sidewalks, and street lights would accompany the proposed development. Such details will need to be provided on the subdivision design plan. Issues: 1) Amount of Open Space in Areas of Environmental Features. The amount of open space within undisturbed areas of environmental features needs to be provided. The Zoning Ordinance requires that no more than 50% of open space may be located within these areas. Evaluation of this information is necessary to ensure the usable open space is provided. MDP #01-03, Canter Estates, Section V Page 5 January 3, 2002 2) Location of Environmental Features on Individual Lots. Some of the preserved environmental features would be located within the boundaries of individual building lots. The Zoning Ordinance states that undisturbed areas of environmental features must be located within areas of required open space unless the Planning Commission approves otherwise. 3) Design of Proposed Road Efficiency Buffers. The Planning Commission must approve the applicant's proposal to utilize existing trees as the required screen for the road efficiency buffers. Staff suggests that the woodlands provision only be utilized when healthy woodlands exist and would not be impacted by development. 4) Intent of Viewshed Protection Area. The intent of the viewshed protection area needs to be clarified. Staff believes that the intent of this area, established during the rezoning process, is for it to be located outside of individual building lots so that it may be preserved. As presented, the viewshed protection area appears to be within individual lot boundaries. 5) Timing of Developer's Responsibility for the Proposed Roads. The timing in which the developer will construct and/or bond the proposed road extensions should be provided on the master development plan. STAFF CONCLUSIONS FOR 01/15/03 PLANNING COMMISSION MEETING The overall concept ofthis Master Development Plan is consistent with the Comprehensive Policy Plan and the requirements of Article XVII, Master Development Plan, of the Zoning Ordinance. All of the issues identified by staff, as well as those issues brought forth by the Planning Commission, need to be appropriately addressed prior to a recommendation to the Board of Supervisors. 0:Wgendas\COMMENTS\MDP's\2003\Canter Estates V.wpd MDP#01-03 Canter Estates, Sec. V PINs: 76-A-22&23 N WE S 0 90 180 Feet �J 1%-20-02; 4:-5Spm; Fred. Co. PI am I n9: 540 98-+ 6607, s# 4i 4 (JPY VDOT EDINBURG RESIDENCY PERMITS & SUBDIVISIONS 07 �VurvVIIIti SEP 2 0 2002 [a SAM EeBJS O =FJERRfA S [3/ " COPP RESIDENT ENGINEER TEL(540)984-5600 FAX(540)984-5607 DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY Philip A. Shucet 14031 OLD VALLEY PIKE COMMISSIONER EDINBURG, VA 22824 September 20, 2002 /DOT Rezoning Comments Danford Ridge The documentation within the application to rezone this property appears to have significant measurable impact on Route 522, Front Royal Pike. Route 522 is the VDOT roadway which has been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Danford Ridge Rezoning Application dated August 28, 2002 addresses transportation concerns associated with this request. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual, Sixth Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off-site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Of particular concern to VDOT at site plan stage of development are: The proposed extension of Ruddy Drive out of Canter Estates Subdivision at its crossing of Lick Run in terms of the grading within the stream bed for extended length. Also, the probability of steep grades on Ruddy Drive roadway. The significant impact on Route 522, Front Royal Pike, the VDOT facility which would provide access to the proposed development. The probability of a needed traffic signal at the southern crossover (located at Canter Estates) to facilitate traffic exiting the Danford Ridge development to cross and proceed north on Route 522. VDOT originally favored the right turn in/right turn out only features for access to Route 522 and express that approval for this rezoning application. These comments are offered with respect to the attached documents and the rezoning request.CP 2 _ it Homer F. Coffman, TrA. Assistant Resident Engineer '" U 2002 HFC/BJ1S/rf Attachments: VDOT Rezoning Comments dated 09/20/02, Letter dated 09/04/02 from Greenway Engineering to VDOT, Rezoning Request Proffer — Danford Ridge Properties, L.C. �.---� VirginiaDOT.org WE KEEP VIRGINIA MOVING Frederick County, Virginia Master Development Plan Application Package APPLICATION MASTER DEVELOPMENT PLAN Department of Planning and Development Use Only. Date application received 12.. Complete. Date of acceptance Incomplete. Date of return 1. Project Title: Canter Estates - Section V 2. Owner's Name Shoemaker Construction and Jasbo, Inc Application # 1 (Please list name of all owners or parties in interest) 3. Applicant: Greenway Engineering Address: 151 Windy Hill Lane Winchester, VA 22602 Phone Number: 540-662-4185 4. Design Company: Greenway Engineering Address: Same Phone Number: Same Contact Name: Evan Wyatt 5. Location of Property West side of Front Royal Pike (Rt 522 South), approximately 1,200 feet south of Parkins Mill Road (Rt. 644) 6. Total Acreage: 103.74 acres 7. Property Information a) Property Identification Number (PIN) b) Current Zoning: c) Present Use: d) Proposed Uses: e) Adjoining Property Information: 76-((A))-22 & 76-((A))-23 RP, Residential Performance District Unimproved Single Family Residential f) Magisterial District: Property Uses Residential & Agricultural Agricultural & Unimproved Residential Agriculture Shawnee 8. Is this an original or amended Master Development Plan? Original ® Amended ❑ I have read the material included in this package and understand what is required by the Frederick County Department of Planning and Development. I also understand that the master development plan shall include all contiguous land under single or common ownership. All required material will be complete prior to the submission of my master development plan application. Signature:AA Date:. IZ'I-710, 0 RECEIVED DEC j 7 nu FRE -_*VF idCK CCU: ''f Property Identification Numbers North 76-((A))-13, 18, & 18A South 75-((A))-100 & 101; 76-((A))-31 East 76-((A))-19, 20, 21 & 93 West 75 -A -99A f) Magisterial District: Property Uses Residential & Agricultural Agricultural & Unimproved Residential Agriculture Shawnee 8. Is this an original or amended Master Development Plan? Original ® Amended ❑ I have read the material included in this package and understand what is required by the Frederick County Department of Planning and Development. I also understand that the master development plan shall include all contiguous land under single or common ownership. All required material will be complete prior to the submission of my master development plan application. Signature:AA Date:. IZ'I-710, 0 RECEIVED DEC j 7 nu FRE -_*VF idCK CCU: ''f • C: :� COUNTY of FREDERICK Department of Plan;iing and Development 540/665-5651 FAX: 540/665-6395 M -A/tCxIt4TiiD UM TO: Planning Commission FROM: Eric R. Lawrence, AICP, Director of Planning RE: Proposed 4'" Middle School Substantial in Accord Review DATE: December 27, 2002 The Frederick County School Board has submitted to the County a proposal to establish a 4" Middle School on property along the Route 522 South corridor. This proposed school would serve the middle school student population in the eastern portion of the county. In a letter dated December 9, 2002 (attached), Mr. Orndorff, Administrative Assistant to the Superintendent, has requested the consideration of a substantial -in -accord review. The Code of Virginia (§ 15.2-2232) requires that the public facility (School) be substantially in accord with the adopted comprehensive plan; therefore. the proposed school is being presented to the Planning Commission and the Board of Supervisors for review and determination of its conformance with the County's 2000 Comprehensive Policy Plan. The 2000 Comprehensive Policy Plan was adopted by the Board of Supervisors on September 27, 2000. The Community Facilities and Services section of the Plan contains a schools component, located on page 8-1 of the 2000 Comprehensive Policy Plan. This schools component recognizes the County's population growth and needs for additional school space. The Plan further recognizes that the residential growth is continuing in the Urban Development Area in southern and eastern Frederick County. Attached is the pertinent section from the Comprehensive Policy Plan, pages 8-1 through 8-3. A recommendation concerning whether the School Board's proposed 4" Middle School site is substantially in accord with the 2000 Comprehensive Policy Plan would be appropriate. ER /cih Attachment U \Eric\Common\CPPS\2232 Review. Middle School.PC memo.wpd 107 North Dent Street o Winchester, Virginia 22601-5000 \S`�dCON In FN^� ti l Q: K C Fcpsj Frederick County Public Schools Administrative Assistant to Visit us at www.frederick.k12.va.us e-mail: the Superintendent orndorfa@frederickk1Zva.us December 9, 2002 Eric Lawrence, Director Frederick County Planning and Development 107 North Kent Street Winchester, VA 22601 Dear Mr. Lawrence: It has been brought to my attention that the property being purchased by the Frederick County School Board from Mark Smith, Daryl R. Russell, and Christopher B. Russell for the new middle school site will be required to have a conformance 2232 review. Therefore, this letter is a request that the review process be initiated as soon as reasonably possible. A review of school needs, as described in the 2000 Comprehensive Policy Plan (CPP) for Frederick County, specifically under schools in the section entitled Community Facilities and Services, shows that the new middle school site is in conformance. This section indicates that new schools will need to be planned and constructed to meet the demands that an increasing student population will cause on the school system, as it is generated by the rate of residential growth, particularly in the southern and eastern portions of Frederick County. This letter is also a request to begin the process for receiving the necessary approvals to extend public utilities, specifically water and sewer, to the new school site. Should you have any questions or need additional information, please feel free to contact me at your convenience. Thank you for your assistance in these matters. RECE . Respectfully Yours, DC 13 2002 ! FRECERICK COUNTY FIA.NNING ti CEVELOPMENT Al Orndorff Administrative Assistant to the Superintendent Attachment Copy: William C. Dean, Ph.D., Superintendent of Schools Mark Smith 540-662-3889 Ext 112 1415 Amherst Street, Post Office Box 3508, Winchester, VA 22604-2546 FAX 540-662-3890 U/Middle School H4/property/A2232reviewA Community Facilities and Services As development continues in Fredenck County, there is a need to carefully plan for the facilities and services that will be required. Planned development will effect the expenditures and facilities that will be needed. It will also effect the location and types of facilities that must be provided. There is a need to carefully monitor growth and to plan land use and facilities in a coordinated fashion. This can be accomplished through annual comprehensive planning and capital improvements planning. Schools The Frederick County Public School system is composed of ten elementary schools serving students in grades kindergarten through fifth grade; three middle schools serving grades six through eight; and, two high schools serving grades nine through twelve. The Northwest Regional Education Programs (NREP) is a regional program that provides special education services to students from Frederick and Clarke Counties and the City of Winchester. Approximately 57% of the students attending NREP who receive services are from Frederick County. The Dowell J. Howard Center provides vocational education services for high school students and adults, and is also the location of The Learning Center, a high school alternative program. In addition to the seventeen school facilities, twenty-two modular classrooms are used at six school sites to reduce overcrowding due to increased enrollment and to address the need for additional space due to changes in educational programs. During the past several decades, student enrollment in the school division has increased steadily. The most significant increase has occurred throughout the 1990's with school enrollment growing by 2,318 students. This increase, from 8,223 students in 1990 to 10,408 students in 1999, represents a 28% growth in student enrollment in the school division. Student enrollment in Frederick County has notably exceeded the state average, which was 11.3% for the same period of time. In order to meet the need for additional school space, a number of school construction and renovation projects have occurred throughout the 1990's. Despite the completion of these capital facilities projects, four of the ten elementary schools will exceed 90% of their capacity at the opening of school in the fall of 2000. These schools are Bass -Hoover (96%), Indian Hollow (9i%), Senseny Road (105%) and Stonewall (95%). Construction of classroom additions to Armel and Middletown Elementary Schools, which were completed in the fall of 1998, resulted in an increase in student capacity and a reduction in the percent of practical capacity utilized at each of these sites. Orchard View Elementary School in the Back Creek Magisterial District will open for students in the fall of 2000 and Robinson Elementary will be closed. As students matriculate from elementary school to the middle school and high school levels, the need to provide additional space for the increase in student population and to meet changing educational requirements will necessitate the development of new facilities and the renovation of existing facilities. The Frederick County 8 - 1 Comprehensive Plan Community Facilities and Services Capital Improvements Plan reflects the need to address space requirements for middle and high school enrollment that has exceeded 90% of capacity in three of the five schools despite the use of nineteen modular classrooms at five different locations, and the increased use of the Dowell J Howard Center for secondary programs. A major renovation project at James Wood Middle School and the construction of a third county high school on Berryville Pike are two projects planned to address the increase in middle and high school student population. During the 1990's, the need to renovate or replace older facilities and provide facilities to accommodate residential growth in the county has resulted in significant allocations for capital facilities costs in the school division. The rate of residential growth continues to impact the school system, particularly in southern and eastern Frederick County as subdivisions are developed in the Urban Development Area (UDA). In addition, careful monitoring of residential growth outside of the UDA, which has accounted for approximately one-third of new residential building permits issued throughout the 1990's, is necessary to accurately predict enrollment trends. Along with growth in student enrollment, the school division is faced with the responsibility of providing instruction in order to prepare students to work and live in the 215` century. The use of technology as a tool in nearly every facet of education has dramatically changed the way in which instructional services are provided to students. Required technology -related instruction at all levels will continue to necessitate increased expenditures for computer and computer-related hardware and software. Mandates from the federal and state governments, particularly in special education services, will require localities to expend additional financial resources to meet educational requirements. The requirements associated with technology -related instruction and the provision of appropriate special education services to students will create the need for investment in future capital projects within the school division. Major efforts have been made by the school division and the Board of Supervisors to consolidate services in order to serve the residents of Frederick County more effectively and efficiently. Cooperative agreements have been developed relative to sharing school facilities for recreational use by a wide variety of community organizations; maintenance of school grounds provided by the Department of Parks and Recreation, resulting in a greater utilization of space; and maintenance of the County Office Complex provided by the school division's Building and Grounds Department. Frederick County 8 - 2 Comprehensive Plan • �7 :7 COUNTY of FREDERICK Department of Planning ;and Development 540/665-5651 FAX: 540/665-6395 MEMORANDUM TO: Planning Commission FROM: Eric R. Lawrence, AICP, Director of Planning RE: Proposed 4" Middle School Provisions for Public Water and Sewer Service DATE: December 27, 2002 The Frederick County School Board has submitted to the County a proposal to establish a 0' middle school on property along the Route 522 South corridor. This proposed school would serve the middle school student population in the eastern portion of the county. In a letter dated December 9, 2002 (attached), Mr. Orndorff, Administrative Assistant to the Superintendent, has requested that the public water and sewer system be made available for use by the new school. The school would occupy a 30 -acre site, and be accessed via a plamied major collector road. Currently, the site is outside of the Sewer and Water Service Area (SWSA) and the Urban Development Area (UDA). Therefore, the current County policy does not provide for the use of the public water and sewer system by the subject site. The School Board requests that the County consider policy provisions that would enable the proposed school site to be served by the public water and sewer system. More specifically, the request is that water and sewer service be extended outside of the SWSA and UDA to serve the proposed 4t' Middle School site. The County has previously allowed for extension of water and sewer services outside of the UDA and SWSA. Both the Apple Pie Ridge Elementary and James Wood High Schools currently lie outside the UDA but are served by the public water and sewer system. If the Planning Commission feels that the request for service is appropriate, then staff would seek a recommendation to forward to the Board of Supervisors for their consideration. Staff is available should you have questions regarding this request. ERL/cih Attachment t:. T -c%%( onunon\CPMpublic utilivas services to Middle School PC memo wnd 107 North Kent Street • Winchester, Virginia 22601-5000 An Fye^ 3 �- y c o Fcpsj Frederick County Public Schools Administrative Assistant to Visit us at www.frederick.k12.va.us the Superintendent December 9, 2002 Eric Lawrence, Director Frederick County Planning and Development 107 North Kent Street Winchester, VA 22601 Dear Mr. Lawrence: e-mail: orndorfa@frederick k12 va. us It has been brought to my attention that the property being purchased by the Frederick County School Board from Mark Smith, Daryl R. Russell, and Christopher B. Russell for the new middle school site will be required to have a conformance 2232 review. Therefore, this letter is a request that the review process be initiated as soon as reasonably possible. A review of school needs, as described in the 2000 Comprehensive Policy Plan (CPP) for Frederick County, specifically under schools in the section entitled Community Facilities and Services, shows that the new middle school site is in conformance. This section indicates that new schools will need to be planned and constructed to meet the demands that an increasing student population will cause on the school system, as it is generated by the rate of residential growth, particularly in the southern and eastern portions of Frederick County. This letter is also a request to begin the process for receiving the necessary approvals to extend public utilities, specifically water and sewer, to the new school site. Should you have any questions or need additional information, please feel free to contact me at your convenience. Thank you for your assistance in these matters. � i E C L '` Respectfully Yours, DEC 13 2002 i FRECE�I NMNG ICi( COUNTY FU�.NNING I E. 4EVELOPtv1ENT AI Orndorff Administrative Assistant to the Superintendent Attachment Copy William C. Dean, Ph.D., Superintendent of Schools Mark Smith 540-662-3889 Ext 112 1415 Amherst Street, Post Office Box 3508, Winchester, VA 22604-2546 FAX 540-662-3890 LJNliddle Sdiool !t4/property/A2232review,k Communitv Facilities and Services As development continues in Frederick County, there is a need to carefully plan for the facilities and services that will be required. Planned development will effect the expenditures and facilities that will be needed. It will also effect the location and types of facilities that must be provided. There is a need to carefully monitor growth and to plan land use and facilities in a coordinated fashion. This can be accomplished through annual comprehensive planning and capital improvements planning. Schools The Frederick County Public School system is composed of ten elementary schools serving students in grades kindergarten through fifth grade; three middle schools serving grades six through eight; and, two high schools serving grades nine through twelve. The Northwest Regional Education Programs (NREP) is a regional program that provides special education services to students from Frederick and Clarke Counties and the City of Winchester. Approximately 57% of the students attending NREP who receive services are from Frederick County. The Dowell J. Howard Center provides vocational education services for high school students and adults, and is also the location of The Learning Center, a high school alternative program. In addition to the seventeen school facilities, twenty-two modular classrooms are used at six school sites to reduce overcrowding due to increased enrollment and to address the need for additional space due to changes in educational programs. During the past several decades, student enrollment in the school division has increased steadily. The most significant increase has occurred throughout the 1990's with school enrollment growing by 2,318 students. This increase, from 8,223 students in 1990 to 10,408 students in 1999, represents a 28% growth in student enrollment in the school division. Student enrollment in Frederick County has notably exceeded the state average, which was 11.3% for the same period of time. In order to meet the need for additional school space, a number of school construction and renovation projects have occurred throughout the 1990's. Despite the completion of these capital facilities projects, four of the ten elementary schools will exceed 90% of their capacity at the opening of school in the fall of 2000. These schools are Bass -Hoover (96%), Indian Hollow (9i%), Senseny Road (105%) and Stonewall (95%). Construction of classroom additions to Armel and Middletown Elementary Schools, which were completed in the fall of 1998, resulted in an increase in student capacity and a reduction in the percent of practical capacity utilized at each of these sites. Orchard View Elementary School in the Back Creek Magisterial District will open for students in the fall of 2000 and Robinson Elementary will be closed. As students matriculate from elementary school to the middle school and high school levels, the need tc provide additional space for the increase in student population and to meet changing educational requirements will necessitate the development of new facilities and the renovation of existing facilities. The Frederick County 8 - I Comprehensive Plan Communitv Facilities and Services Capital Improvements Plan reflects the need to address space requirements for middle and high school enrollment that has exceeded 90% of capacity in three of the five schools despite the use of nineteen modular classrooms at five different locations, and the increased use of the Dowell J Howard Center for secondary programs. A major renovation project at James Wood Middle School and the construction of a third county high school on Berryville Pike are two projects planned to address the increase in middle and high school student population. During the 1990's, the need to renovate or replace older facilities and provide facilities to accommodate residential growth in the county has resulted in significant allocations for capital facilities costs in the school division. The rate of residential growth continues to impact the school system, particularly in southern and eastern .Frederick County as subdivisions are developed in the Urban Development Area (UDA). In addition, careful monitoring of residential growth outside of the UDA, which has accounted for approximately one-third of new residential building permits issued throughout the 1990's, is necessary to accurately predict enrollment trends. Along with growth in student enrollment, the school division is faced with the responsibility of providing instruction in order to prepare students to work and live in the 21st century. The use of technology as a tool in nearly every facet of education has dramatically changed the way in which instructional services are provided to students. Required technology -related instruction at all levels will continue to necessitate increased expenditures for computer and computer-related hardware and software. Mandates from the federal and state governments, particularly in special education services, will require localities to expend additional financial resources to meet educational requirements. The requirements associated with technology -related instruction and the provision of appropriate special education services to students will create the need for investment in future capital projects within the school division. Major efforts have been made by the school division and the Board of Supervisors to consolidate services in order to serve the residents of Frederick County more effectively and efficiently. Cooperative agreements have been developed relative to sharing school facilities for recreational use by a wide variety of community organizations; maintenance of school grounds provided by the Department of Parks and Recreation, resulting in a greater utilization of space; and maintenance of the County Office Complex provided by the school division's Building and Grounds Department. Frederick County 8 -2 Comprehensive Plan C • • COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 MEMORANDUM TO: Frederick County Planning Commission FROM: Eric R. Lawrence, AICP, Planning Director RE: UDA/SWSA Expansion to Incorporate Seven Acres of the Russell Farm DATE: December 30, 2002 Staff has received a request from Mark Smith, of Greenway Engineering, to consider incorporating approximately seven acres of the Russell Farm into the Urban Development Area (UDA) and Sewer and Water Service Area (SWSA). The property is located along the Front Royal Pike (Route 522 South) corridor, east of its intersection with Papermill Road (Route 644). The area of expansion is located adjacent to the eastern property line with the Shenandoah Mobile Court. The School Board is seeking to purchase a 30 -acre portion of the farm for use as the County's fourth middle school. Primary access to the farm (including the proposed school site) would be via a proposed major collector road, which would be constructed through the southern portion of the Shenandoah Mobile Court. The owner of the mobile home park has indicated that the road would displace 15 mobile home units. Therefore, it is their intent to relocate the 15 units to an expanded portion of the mobile home park. The UDA expansion is being sought in an effort to accommodate an MH 1 rezoning petition that would ultimately be filed with the County. Attached is information and mapping provided by the applicant. The mapping illustrates the location of the UDA and SWSA, and current zoning in the general vicinity of the subject site. Staff is seeking a recommendation that would be forwarded to the Board of Supervisors. ERL/cih Attachments U.\COMMITTEES\CPPS\Projects\2002 Projects\Russell SWSA Request\PC staff repos wpd 107 North Kent Street • Winchester, Virginia 22601-5000 SWSAIUDA EXPANSION REQUEST RUSSELL FARM! Staff Report for Planning Commission Prepared: December 30, 2002 Staff Contact: Err- ! awrenr-e This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this comprehensive planning matter. Reviewed Action Planning Commission: 01/15/03 Pending Board of Supervisors: 02/12/03 Pending PROPOSAL: To expand the Sewer and Water Service Area (SWSA) by seven acres To expand the Urban Development Area (UDA) by seven acres PLANNED USE: Mobile Home Park - accommodate displaced housing units resulting from the construction of an access road to the proposed 4`' middle school site. LOCATION: The property is located east of Front Royal Pike (Route 522 South), near its intersection with Papermill Road (Route 644). The subject expansion is adjacent to the Shenandoah Mobile Court. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBERS: 76-A-5 and 64-A-37 PLANNING STAFF EVALUATION: Existing Conditions Suburban residential development (Southview and Red Fox Run, Zoned RP) is located adjacent to the northwestern boundary of the subject properties. The Shenandoah Mobile Home Park is located immediately west of the site, on land zoned MHL The subject site, as well as the properties adjoining to the east and south, are presently zoned RA, and are in agricultural uses. Russell Farm Discussion Page 2 December 30, 2002 Comprehensive Policy Plan Land Use Plan The subject properties were included in the Southern Frederick Land Use Plan. The properties were generally identified for future industrial use. There are no Agricultural and Forestal Districts in the vicinity of the site; although there are agricultural land uses adjoining the site The Sewer and Water Service Area (SWSA) boundary presently bisects the site, in an east -west fashion. The northern portion (approximately 149 acres) of the farm is within the SWSA; the southern portion (approximately 128 acres) is not. The seven -acre expansion area is presently not in the SWSA. The Urban Development Area (UDA) boundary is presently located immediately west of the subject site; none of the farm is in the UDA. The UDA boundary is shared by the property line along the site's western edge. The seven -acre expansion area is presently not in the UDA. Transportation The Southern Frederick Land Use Plan identifies a proposed collector road, located south of the subject properties, which would provide access from Route 522 to the subject properties. The Plan also identifies a Winchester Area Transportation Study (WATS) proposal for a collector road, extended from Papermill Road, traveling east towards Airport Road. The planned WATS collector road would transverse the subject properties. The request, as presented, is the result of the pending construction of the WATS planned major collector road which crosses the Shenandoah Mobile Court. Community Facilities and Service The site is adjacent to a water main located along Front Royal Pike. A sewer main transverses the northern portion of the site. A portion of the site is currently within the Opequon Water Reclamation Facility service area. COMPREHENSIVE PLANS AND PROGRAMS SUBCOMMITTEE (CPPS) SUMMARY & ACTION OF 10/14/02 MEETING: (summary of applicable discussions) The CPPS recognized the necessity to implement the planned road network identified in the WATS and the Comprehensive Policy Plan. Therefore, the CPPS was supportive in concept to the proposal to relocate existing mobile homes that would be impacted by the planned collector road. The UDA could be expanded to accommodate the relocation of the displaced mobile home units. Russell Farm Discussion Page 3 December 30, 2002 PLANNING COMMISSION DISCUSSION SUMMARY & ACTION OF 11/06/02 MEETING: (summary of applicable discussions) The Commission recognized the necessity to implement the planned road network identified by various county documents. Therefore, the Commission was supportive in concept to the proposal to relocate existing mobile homes that would be impacted by the planned collector road. The UDA could be expanded to accommodate the relocation of the displaced mobile home units. BOARD OF SUPERVISORS DISCUSSION SUMMARY & ACTION OF 11/13/02 MEETING: (summary of applicable discussions) The Board did indicate that if the School Board secures the school site, then it would be appropriate for the Board of Supervisors to consider a policy action to provide sewer and water service to the school site but not the surrounding property (Russell Farm). It might be appropriate to consider a UDA expansion at that time to accommodate the relocated mobile home units, and enable the collector road to be constructed. U:\COMMITTEES\CPPS\Projects\2002 Projects\Russell SWSA Request\PC staff report -pd DEC -25-02 12:08 FROM-GREENWAY ENGINEERING P C G �fiYN 1N -till Lana I, !Z�vm151,%vindy !-'ill 1 � Wi�diestcr, Vit�i:,ia Z�('-�2 'I Fourldr4 i°l :9:'I December 26, 2002 County of Fredyrick Department of Plannutw and D4velepmcnt 1017 North Kent Strict Winchester, VA 22601 540F229528 T--792 P 002/002 F -M Attn: Eric Di"'tor R.e: Russell Farm/Sben::ndoah Mobile CcillrtSWSA acid UDA °expansion Dear Nu. IXNrence 0:) txhalf of the RusscL Farre. and Shcnandoah Mobile. Court, we are re-gcesting to be. placed on the next available Frcclerick Cotmry Planning CorrirttiSs; >r. and Board of Supervisors agendas, 'Th's is to request the expansiott of the ewer and water service area, as well as the urban development area on the Russell lar"', We retlucst this to s ew rrran de the relac�sor, cif the ex; tin- mobile bome:s an the Shenando'_ahot-i lc Court property. acc,4s previously dise-usaed v,•itlx the. Planning Commission and the Board of Supcivisors, this requost is b(!ing sought to a� comn9ndate a ne ev S�' ripht-oC-wti�} t�>r road constrectioli is acc.ordancc with the Coziprehr nsive Plan and also to aucorr=odate. access to the P,uSsell Farm property and a future. middle school. For coordination purposes, we •nuuld request our review of tlrest expansions be. on the same dates tas the Frederick County Public Schools 2232 review request_ See Mr. C2rndorff's letter dated Dezember 9. 2002. We have elicicsed a sk4 tcil sh;ry inQ t ]e expande;l area of the LJDA and SWSA along with 4 copy of Mr. OrnclorTs lytta. Thank yolt for yDUT as:>i5:ance with this project. if you have any questions or concerns, please feel hec to contact our omce- Cir.:e wa� 0 l! Mark D. Smith, P -E- , L. Pre silent Enclosures Cc: Ad Orndorff — l-redcrick Counter Dublic Schools Charles S- DeFlaven, Jr-, Chairman -= Frederick Counx y Plat?niue C Omini5siurl Robert A. Morri:>, Shawnce District — r'redCricic County Planning Comm issiov William C- Rosenberry, Shawner District — J'radcrick CoaDry Planning C07U= ss Oil fdc:hard C. Shic de, Cllairman•at-large — Frederick County P,oaid of S-upetvisor; W. Flarrin-glon simith, Jr., Shawaor District — Frederick County roald of Supervisor, John Riley, Fre(,erick Cbunt)o Administrator LngMecrs sun'zycrs TEIephOT-e _5LO, 6ri24185 FAX Filr- # 2b04RSINLUS,J�'/� „v„nr.pri�>nwayei�g coR' �(Was In � rr/ n no r 3. Frederick County Public Schools Administrative Assistant to Visit us at www.frederick.k12va_us the Superintendent December 9, 2002 Eric Lawrence, Director Frederick County Planning and Development 107 North Kent Street Winchester, VA 22601 Dear Mr. Lawrence - e -mail: orndorfa@frederick-k12-va.us It has been brought to my attention that the property being purchased by the Frederick County School Board from Mark Smith, Daryl R. Russell, and Christopher B. Russell for the new middle school site will be required to have a conformance 2232 review. Therefore, this letter is a request that the review process be initiated as soon as reasonably possible. A review of school needs, as described in the 2000 Comprehensive Policy Plan (CPP) for Frederick County, specifically under schools in the section entitled Community Facilities and Services, shows that the new middle school site is in conformance_ This section indicates that new schools will need to be planned and constructed to meet the demands that an increasing student population will cause on the school system, as it is generated by the rate of residential growth, particularly in the southern and eastern portions of Frederick County. This letter is also a request to begin the process for receiving the necessary approvals to extend public utilities, specifically water and sewer, to the new school site. Should you have any questions or need additional information, please feel free to contact me at your convenience. Thank you for your assistance in these matters. RECD Respectfully Yours, DEC 13 2002 t `6���%� FREQERICK COUNTY I PlikNNING R DEVELOPMENT Al Omdorff Administrative Assistant to the Superintendent Attachment Copy: William C. Dean, Ph.D_, Superintendent of Schools Mark Smith 540-662-3889 Ext 112 1415 Amherst Street, Post Office Box 3508, Winchester, VA 22604-2546 FAX 540-662-3890 L/Middle School It4/property/A2232reviewA Community Facilities and Services As development continues in Frederick County, there is a need to carefully plan for the facilities and services that Will be required. P a[uieu uevelupment will Glftrec. le expenditures aiiu 1aci11tics LLlat wLl be needed. It will also effect the location and types of facilities that must be provided. There is a need to carefully monitor growth and to plan land use and facilities in a coordinated fashion. This can be accomplished through annual comprehensive planning and capital improvements planning. Schools The Frederick County Public School system is composed of ten elementary schools serving students in grades kindergarten through fifth grade; three middle schools serving grades six through eight; and, two high schools serving grades nine through twelve. The Northwest Regional Education Programs (NREP) is a regional program that provides special education services to students from Frederick and Clarke Counties and the City of Winchester. Approximately 57% of the students attending NREP who receive services are from Frederick County. The Dowell J. Howard Center provides vocational education services for high school students and adults, and is also the location of The Learning Center, a high school alternative program. In addition to the seventeen school facilities, twenty-two modular classrooms are used at six school sites to reduce overcrowding due to increased enrollment and to address the need for additional space due to changes in educational programs. During the past several decades, student enrollment in the school division has increased steadily. The most significant increase has occurred throughout the 1990's with school enrollment growing by 2,318 students. Thus increase, from 8,223 students in 1990 to 10,408 students in 1999, represents a 28% growth in student enrollment in the school division. Student enrollment in Frederick County has notably exceeded the state average, which was 11.3% for the same period of time. In order to meet the need for additional school space, a number of school construction and renovation projects have occurred throughout the 1990's. Despite the completion of these capital facilities projects, four of the ten elementary schools will exceed 90% of their capacity at the opening of school in the fall of 2000. These schools are Bass -Hoover (96%), Indian Hollow (91%), Senseny Road (105%) and Stonewall (95%). Construction of classroom additions to Armel and Middletown Elementary Schools, which were completed in the fall of 1998, resulted in an increase in student capacity and a reduction in the percent of practical capacity utilized at each of these sites. Orchard View Elementary School in the Back Creek Magisterial District will open for students in the fall of 2000 and Robinson Elementary will be closed. As students matriculate from elementary school to the middle school and high school levels, the need to provide additional space for the increase in student population and to meet changing educational requirements will necessitate the development of new facilities and the renovation of existing facilities. The Frederick County 8 - 1 Comprehensive Plan .' Yr _2URE Y k' a Community Facilities and Services Capital Improvements Plan reflects the need to address space requirements for middle and high school enrollment that has exceeded 90% of capacity in three of the five schools despite the use of nineteen modular classrooms at five different locations, and the increased use of the Dowell J Howard Center for secondary programs. A major renovation project at James Wood Middle School and the construction of a third county high school on Berryville Pike are two projects planned to address the increase in middle and high school student population. During the 1990's, the need to renovate or replace older facilities and provide facilities to accommodate residential growth in the county has resulted in significant allocations for capital facilities costs in the school division. The rate of residential growth continues to impact the school system, particularly in southern and eastern Frederick County as subdivisions are developed in the Urban Development Area (UDA). In addition, careful monitoring of residential growth outside of the UDA, which has accounted for approximately one-third of new residential building permits issued throughout the 1990's, is necessary to accurately predict enrollment trends. Along with growth in student enrollment, the school division is faced with the responsibility of providing instruction in order to prepare students to work and live in the 21st century. The use of technology as a tool in nearly every facet of education has dramatically changed the way in which instructional services are provided to students. Required technology -related instruction at all levels will continue to necessitate increased expenditures for computer and computer-related hardware and software. Mandates from the federal and state governments, particularly in special education services, will require localities to expend additional financial resources to meet educational requirements. The requirements associated with technology -related instruction and the provision of appropriate special education services to students will create the need for investment in future capital projects within the school division. Major efforts have been made by the school division and the Board of Supervisors to consolidate services in order to serve the residents of Frederick County more effectively and efficiently. Cooperative agreements have been developed relative to sharing school facilities for recreational use by a wide variety of community organizations; maintenance of school grounds provided by the Department of Parks and Recreation, resulting in a greater utilization of space; and maintenance of the County Office Complex provided by the school division's Building and Grounds Department. Frederick County 8 - 2 Comprehensive Plan ZZ --r-21 Laurelwood Dr ve ghenand MHP uD/N NEWS k1 �T" �z�a J . /op . 701'ep Ae,4 UDA UDA �xpPr151o1y is z cli O to W °D 4/ nt Z °' m (\2 CO CO i7m'0 to LLM 01 Y� �� C', I q om W A au`ri W o d cc F v n O_a W dl Q O A ro m W V] 4 w a0 ww U) V) 04 0fi' MARK D. SMITH No. 022837 ZONAL (�1 U� DATE: SEPTEMBER 2002 SCALE: 1'=500' DESIGNED BY: MDS JOB NO. SHEET 1 OF 1