Loading...
PC 11-15-06 Meeting AgendaAGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia November 15, 2006 7:00 P.M. CALL TO ORDER TAB 1) Adoption of Agenda: Pursuant to established procedures, the Planning Commission should adopt the Agenda for themeeting............................................................................................................... (no tab) 2) October 4, 2006 Minutes and October 18, 2006 Minutes ................................................ (A) 3) Committee Reports.................................................................................................. (no tab) 4) Citizen Comments.................................................................................................... (no tab) PUBLIC HEARING 5) Rezoning #15-06 of Rock Harbor Golf Course, submitted by Greenway Engineering, to rezone 58.08 acres from EM (Extractive Manufacturing) District to RA (Rural Areas) District, with proffers, for golf course expansion. This property fronts on the south side of Round Hill Road (Route 803) and on the east side of Woodchuck Lane (Route 654), adjacent to Section Three and Section Seven of the Roscommon Subdivision and the existing Rock Harbor Golf Course, in the Back Creek Magisterial District, and is identified by Property Identification Number 52-A-256. Mr. Cheran....................................................................................................................... (B) 6) Conditional Use Permit #10-06 of Rock Harbor Golf Course, submitted by Greenway Engineering, for commercial outdoor recreation with accessory clubhouse and food service for the general public. The properties are located as follows: Property Identification Number 52-A-256 fronts on the south side of Round Hill Road (Route 803) and on the east side of Woodchuck Lane (Route 654) adjacent to Section Three and Section Seven of the Roscommon Subdivision and the existing Rock Harbor Golf Course; Property Identification Number 52-A-313 fronts on the north side of Merriman's Lane (Route 62 1) at the northwest quadrant of the Route 37 bridge crossing; Property Identification Number 52 -A -313A fronts on both sides of Lacosta Court in the Roscommon Subdivision, Section Seven; Property Identification Number 53-A-88 is located on the west side of Route 37, adjoining and accessed through tax map parcel 52-A-313. The properties are in the Back Creek Magisterial District, Mr. Cheran....................................................................................................................... (C) FILE Cory 7) Conditional Use Permit #09-06 of Joyce Myers for a Kennel. This property is located at 625 Town Run Lane (Route 1012), and is identified with Property Identification Number 85-A-137 in the Opequon Magisterial District. Mr. Henry......................................................................................................................... (D) 8) Conditional Use Permit #11-06 of Dawson & Robann Riggleman to re-establish legal non- conforming use to have horses on the property. This property is located at 120 Longcroft Road, and is identified with Property Identification Number 64-A-44 in the Shawnee Magisterial District. Mr. Lawrence................................................................................................................... (E) PUBLIC MEETING 9) Subdivision and Waiver Request for Subdivision #14-06 for C. Robert Solenberger, Et Al, submitted by Greenway Engineering, for the creation of a new 1.25 acre RA (Rural Areas) zoned lot and waiver of Chapter 144, Article V, Section 31C(l)(B) — Rural Subdivisions. The property (Rutherford Industrial Park) fronts the western boundary of Martinsburg Pike (Route 11 N) about 0.65 miles north of intersection with Interstate 81 (Exit 317), and is identified with Property Identification Number 43-A-111, in the Stonewall Magisterial District. Mr. Cheran....................................................................................................................... (F) 10) Waiver Request for Gas Mart #7, submitted by Greenway Engineering, to consider an entrance spacing waiver permitted in Article IV Section 165-29B(l ), of the Frederick County Zoning Code to allow for a new commercial entrance to be placed less than 200' from an existing road and an existing entrance. Mr. Bishop....................................................................................................................... (G) COMMISSION DISCUSSION 12) Various Subdivisions and Zoning Ordinance Amendments: Subdivision of Land - Chapter 144 - Article II, Definitions. Subdivision of Land - Chapter 144 - Article V, Design Standards - Section 24(C)(2)(B), Lot Requirements. Zoning — Chapter 165 - Article V, RA Rural Areas District — Section 54(B), Permitted Lot Sues. Zoning — Chapter 165 - Article V, RA Rural Areas District — Section 54(D), Permitted Lot Sizes. Zoning — Chapter 165 - Article XXII, Definitions and Word Usage — Section 156. Mr. Cheran....................................................................................................................... (H) 13) 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 October 4, 2006. PRESENT: June M. Wilmot, Chairman/Shawnee District; Roger L. Thomas, Vice Chairman/ Opequon District; Richard C. Ours, Opequon District; George J. Kriz, Gainesboro District; Gregory S. Kerr, Red Bud District; Christopher M. Mohn, Red Bud District; John H. Light, Stonewall District; Gary R. Oates, Stonewall District; Greg L. Unger, Back Creek District; Cordell Watt, Back Creek District; Robert A. Morris, Shawnee District; H. Paige Manuel, Member -At -Large; Barbara Van Osten, Board of Supervisors Liaison; and Lawrence R. Ambrogi, Legal Counsel ABSENT: Charles E. Triplett, Gainesboro District; and David Shore, City of Winchester Liaison. STAFF PRESENT: Eric R. Lawrence, Planning Director; John A. Bishop, Transportation Planner; Candice E. Perkins, Planner Il; Bernard S. Suchicital, Planner I; and Renee' S. Arlotta, Clerk. CALL TO ORDER & ADOPTION OF AGENDA Chairman Wilmot called the meeting to order at 7:00 p.m. Upon motion made by Commissioner Kriz and seconded by Commissioner Ours, the Planning Commission adopted the agenda for this evening's meeting. MINUTES Upon motion made by Commissioner Kriz and seconded by Commissioner Ours, the minutes of September 6, 2006 were unanimously approved as presented_ COMMITTEE REPORTS Development Review & Regulations Subcommittee (DRRS) — 09/28/06 Mtg. Commissioner Thomas reported that the DRRS discussed the ordinance definition of family members in a family -lot subdivision; he said the DRRS was satisfied with the existing definition. Commissioner Thomas said the DRRS also reviewed setbacks for the rural preservation lots concerning clarification to avoid confusion. He said the staff will be bringing the subcommittee's solution to the Commission in the near future. Frederick County Planning Commission Page 1869 Minutes of October 4, 2006 D n n F V -2 - Transportation Committee — 09/25/06 Mtg. Commissioner Kriz reported that the Transportation Committee reviewed and acted on five items: 1) the traffic -calming criteria for subdivisions was adopted; 2) the decision was made not to participate in a grant to expand the bus service along US Rt. 11; they received an activity update from the MPO which included information on the bicycle and pedestrian mobility plan, local assistance projects, and the access management plan focused on issued at the I-81/Rt. 11/Shady Elm area; 4) VA Rt. 37 through the Stonewall Industrial Park was confirmed and approval was given to survey for the centerline along its entire route; and, 5) the rating system for hard surfacing of rural roads, including the rustic road alternative, will be reviewed at the request of the Board. Development Impact Model (DIM) Oversight Committee (OC) Commissioner Manuel reported that the DIM -OC held their last meeting, until further notice. He said the last discussion focused on which model would be used; he said the committee decided on the "Pay -As - You -Go" model. CITIZEN COMMENTS Chairman Wilmot called for citizen comments on any item that was not on this evening's agenda. No one came forward to speak. PUBLIC MEETING Conditional Use Permit 907-06 of Jae Cha for a country general store at 2960 Millwood Pike (Route 50). The property, consisting of 4.38 acres, zoned RA (Rural Areas), is identified with P.I.N. 77-A-13 in the Shawnee Magisterial District. Action — Recommended Approval with Conditions Planner Bernard S. Suchicital reported that this item was originally heard by the Planning Commission on September 6, 2006 and was tabled for 30 days. Mr. Suchicital said that since the September 6 meeting, the staff has met with the applicant's representative to further understand the proposed use and discussed appropriate conditions for the conditional use permit. He said the applicant has confirmed the use is a country general store, not an antique store, as the project would resemble the country store on Senseny Road and the Virginia Farm Market on North Frederick Pike. Mr. Suchicital also referred to the discussions at the previous meeting about why the applicant did not pursue a rezoning and it was determined that this parcel was outside of the Sewer and Water Service Area (SWSA) and Urban Development Area (UDA) lines, therefore, making the rezoning option not applicable. Frederick County Planning CommissionD D N rage i u i � DMinutes of October 4, 2006 n r 7 -3 - Mr. Suchicital continued, stating that the applicant has reduced the size of the building from 10,000 square feet to 8,000 square feet and has provided staff with a copy of the pump and haul contract. He noted that the applicant's pump and haul company will install a remote monitoring device and an emergency response system. Mr. Suchicital next read a list of recommended conditions, should the Commission find the use to be appropriate. A member of the Commission commented that at the previous meeting, the applicant's representative had expressed a desire to offer Danish, coffee, and sandwiches. A question was raised about the staff's recommended condition #5, which would prohibit the sale of pre -made, wrapped sandwiches; it was noted that most country stores offer these items. Staff reported that the applicant will have products shipped to their site and there will be heating -up of products, but no physically producing the products on site. Another member of the Commission inquired about the staff's recommended condition #7, which would prohibit outdoor display of goods; it was noted that most country stores have outdoor displays of flowers and other seasonal items. Planning Director, Eric R. Lawrence, replied to questions regarding the on-site food preparation; he said the restrictions were based on the proposed health system and the fact that on-site food preparation uses a lot of water and produces a considerable amounts of waste water. He said there was concern about whether the proposed pump and haul system was adequate. Commissioner Mohn commented about the size of the sign. He said with many other CUPS, the sign is typically limited to about 25 square feet in area; he inquired why the limitation on this sign was not consistent with other CUPS. Mr. Suchicital replied that the ordinance allows up to 50 square feet with a maximum height of ten feet; however, in this particular case, the staff is requesting the applicant utilize a monument -style sign. Commissioner Thomas asked if there was a median cut for vehicles to go either east or west from the site. Mr. Suchicital said yes; he said the entrance to the site is directly across a median cut and there is a turning lane for both directions in the median. Chairman Wilmot next called for the applicant to come forward. Mr. Yang Kim came forward and introduced himself and his father, Chun Sik Kim, the property owner and applicant. Mr. Kim answered questions from the Commission. He said they would like to serve coffee, pastries, etc. on a daily basis and they would like to sell vases, flowers, and other general items on a weekend -basis. Mr. Kim said because they live so far away from this site, they anticipate hiring someone to work at the site on a daily basis and they would come to the site on weekends to sell items. Mr. Kim said they will have pre -made pastries and other items delivered to the site. Commissioner Thomas asked the applicants if they intended to have on-site fuel storage for their trucks. Mr. Kim said no. Chairman Wilmot called for anyone wishing to speak in favor or opposition to the proposed conditional use permit. The following persons came forward to speak: Captain Gent P. Mitchell, III came forward to speak on behalf of the Izaak Walton League. Captain Mitchell was concerned about the old underground fuel tanks that were buried here 40-50 years ago, when there was a Shell gas station on the site. Mr. Mitchell was also concerned about who would ultimately be responsible, if the pump and haul sewage system fails and overflows. He was concerned about overflow sewage Frederick County Planning Commission� Minutes of October 4, 2006 Q D I "1 N r Page 1871 7 that would run down the hill into the Izaak Walton Lake. Mr. Jim Madden, a current member and past president of the Izaak Walton League, came forward to speak on behalf of the Izaak Walton League. Mr. Madden reminded the Commission that everything on the proposed site drains directly into the Izaak Walton Lake. Mr. Madden said the Izaak Walton League has been in Frederick County for 60 years; he said the league provides fishing and conservation measures for hundreds of their members and children. Mr. Madden said that part of their motto is to strive for purity of air and water and this is very important to them. He recognized the building was reduced in size, but he still believed 8,000 square feet was large for this type of operation and in a rural area. Mr. Madden said the applicants were emphatic last month in their intentions of selling and storing antique furniture; he said it sounds like there will still be some of that still taking place. He said the applicants also mentioned the parking of storage and box trucks; he commented that those type of vehicles quickly turn into bill boards. Mr. Madden pointed out that no additional information had been submitted on the stormwater management. Because of the fact the Izaak Walton League was a conservation club, Mr. Madden said they believed they deserved a somewhat more from this applicant than just meeting minimum county requirements for erosion control and stormwater management. Mr. Madden stated they have had to dredge their lake three times since he has been a member; he said this is a large operation and is strictly due to run-off. In conclusion, he inquired if it was a policy of the Health Department to approve holding tanks for new construction. He said the existing holding tanks on the property were installed to handle a failing septic system for a residential trailer and a small store. He asked if this will open the door for anyone in Frederick County with a lot that will not perk. Commissioner Thomas had questions for Mr. Madden about the location of the stream that feeds into the Izaak Walton Lake in relation to this site and the lake. Mr. Madden said the head of their lake and their property line is probably no more than 300 feet from the store location and parking lot. Mr. Yung Kim, the project's civil engineer, came forward to represent his clients, Mr. Yang Kim and Mr. Chun Sik Kim. Mr. Kim said he believed all of the concerns raised at the previous meeting had been addressed. He said one of the concerns raised was the size of the building and it was reduced from 14,000 square feet down to about 8,000 square feet_ He said the parking lot area is now smaller because the size of the building was reduced. With regards to the concern of a possible overflow of the pump and haul system, Mr. Kim said they have provided the staff a copy of the contract issued by the company who will service and monitor the pump station. He added that the hours of operation will be from 5:00 a.m. until 10:00 p.m. Mr. Kim further added that stormwater management and best management practices will be addressed at the site plan stage_ Chairman Wilmot next closed the public comment portion of the meeting. Commissioner Thomas asked Mr. Kim to describe the aspects of the holding tank in further detail. Commissioner Thomas also asked the staff if an overflow retention pond is required around the holding tank. He suggested the installation of a retention dike around the holding tank, so if it does overflow or if there is any spillage, it will be retained within a small area. It was determined there would be two 1,500 -gallon holding tanks on site. There was an interest among some members of the Commission to allow the on-site food preparation. The staff suggesting modifying Condition 45 to state, "There shall be no on-site food preparation without the Health Department approval." There was also interest in allowing the applicant to have outdoor display of seasonal items, under Condition 47. The staff suggested placing a size limit on the outdoor display; for example, "Outdoor display is allowed in designated areas and not to exceed 500-1,000 square feet." Commissioner Light suggested that Condition #7 include, "No outdoor display of goods after business hours." Frederick County Planning Commission Minutes of October 4, 2006 D R n Page 1872 V V -5— Upon motion made by Commissioner Morris and seconded by Commissioner Manuel, BE IT RESOLVED, THAT by a majority vote, the Planning Commission does hereby recommend approval of Conditional Use Pen -nit #07-06 of Jae Cha for a country general store at 2960 Millwood Pike (Route 50) with the following conditions: All review agency comments and requirements shall be complied with at all times. 2. An engineered site plan shall be submitted to and approved by Frederick County, and the site improved accordingly, prior to operating store activities on site. The project site will adhere to commercial parking and landscaping standards. One monument sign shall be allowed on the property; the sign shall be limited to 50 square feet in area. The sign shall not exceed ten feet in height. 4. No on-site vehicle fuel storage or sales allowed. There shall be no on-site food preparations without Health Department approval. 6. Store hours of operation shall be between 5:00 am to 10:00 pm. 7. No outdoor display of goods after business hours will be permitted, other than seasonal display items. The outdoor display area shall be limited to 500 square feet. There shall be no more than one vehicular entrance for the site. 9. A pump and haul agreement shall be maintained with a qualified company implementing an alarm -notification system. 10. Any expansion or change of use will require a new conditional use permit. 11. Approval of CUP #07-06 will null and void the existing CUP #10-03. The majority vote was: YES (TO APPROVE): Mohn, Ken-, Kriz, Ours, Wilmot, Light, Oates, Moms, Manuel, Watt NO: Thomas, Unger (Note: Commissioner Triplett was absent from the meeting.) Frederick County Planning CommissionD lIJ'�L�f n n F Y Page 1873 Minutes of October 4, 2006 'wn I Q. Waiver Request for Gas Mart #7, submitted by Greenway Engineering, to consider an entrance spacing waiver permitted in Article IV, Section 165-29B(1), of the Frederick County Code, to allow for a new commercial entrance to be placed less than 200 feet from an existing road and an existing entrance. The subject property is located at the intersection of Route 7 and Eckard Circle and is identified by P.I.N. 55- A-37 in the Red Bud Magisterial District. Action — Tabled for 30 Days Planner Candice E. Perkins reported that this is a request by Greenway Engineering on behalf of Gas Mart 47 for a waiver to allow for the reduction in the minimum entrance spacing for business entrances on arterial roads. Ms. Perkins explained the site is currently being developed as a gas station with two points of access on Eckard Circle. She said the applicant has already constructed the curb, gutter, and sidewalks along Route 7, which is being installed per the approved site plan on record. Ms. Perkins said that at the Commission's December 7, 2005 meeting, a waiver for a right -in, right -out only was denied. She said the applicant is now requesting a right -in only along Route 7. She pointed out that the entrance spacing on Route 7 is 200 feet from existing entrances, specifically, Eckard Circle and the existing Seven -Eleven entrance; she said the proposed entrance shown is being located 95 feet off of Eckard Circle and 120 feet off the adjacent Seven -Eleven entrance. Therefore, the applicant would need a waiver for 105 feet off of Eckard and 80 feet off the adjacent Seven -Eleven entrance. Commissioner Thomas inquired if intersection there was scheduled to receive a traffic signal and Ms. Perkins replied no. Commissioner Thomas asked if there were any other speed -controlling measures along this area; it was noted there was a 45mph speed limit through this area. Staff replied no. Mr. Mark Smith with Greenway Engineering came forward to represent the applicant in this waiver request. Mr. Smith had two concerns; the Eckard Drive situation and how VDOT would handle the movement in that area with the traffic signals and the entrance cross-over on Route 7. We worked with Mr. Lloyd Ingram of VDOT for some time and the application package includes a copy of Mr. Ingram's approval letter for the right -in only, which they believe is safe. Mr. Smith said the "throat" of the right -in has been narrowed to encourage that this will be a one-way situation; the turning radius there are not sweeping, so as traffic moves on Route 7, vehicles need to stay within the lane with a blinker to make the movement. He said there are other users on Eckard Drive; he said Mrs. Cole controls part of the access, as well as Mr. Jack Wampler Jr. and Sr., who control the mobile home park, and they are supportive of this application. A letter from VDOT was included with the application. Mr. Smith said this would result in a better transportation scenario and functionality for the business. Commissioner Thomas asked the applicant how he would ensure that delivery trucks would not use this entrance. Mr. Smith said the physical way to ensure that is through the narrow radius; the owner will be encouraged to make his delivery people aware of the back entrance. Chairman Wilmot asked the applicant what would prevent someone from exiting out of the entrance. Mr. Smith said that signs will be posted, at the request of VDOT. Chairman Wilmot next called for public comments. No one came forward to speak and Chairman Wilmot closed the public comment portion of the meeting. Commissioner Thomas said the 200 -foot spacing requirement was enacted in order to give drivers an opportunity to react to traffic movements. Commissioner Thomas suggested reducing the entrance width to 12 feet instead of 20 feet, if this was to be used as an entrance only. He believed a safety problem would be created with the 45 mph speed limit and having entrances too close together. He said with no traffic signal to Frederick County Planning CommissionD N M F V Page 1874 Minutes of October 4, 2006 -7 - slow traffic, drivers will have only seconds to react. Commissioner Oates said he did not see a hardship here, since there were two entrances on Eckard Circle. In an opposing view, Commissioner Manuel believed a 12 -foot entranceway was too narrow and created a safety problem; he said a driver turning into the lane is more apprehensive, will slow down, and will create a safety problem. Commissioner Unger also thought a 12 -foot entrance would be too narrow. He didn't see a problem with the entrance, since it was an in -only. Commissioner Light suggested the words, "No Exit," be painted on the pavement. Commissioner Light asked the applicant about using the Seven -Eleven entrance. Mr. Smith replied that they did not have the right to access that entrance. Mr. Smith said they had no problem with making the suggestions made by the Commission to narrow the entrance and paint "no exit" on the pavement, and they would work with VDOT on these recommendations. Mr. Smith again noted that they have been working with VDOT on this entrance and did not haphazardly bring it to the Commission. Commissioner Mohn said there are some issues with entrance spacing and safety; however, he believed if it was properly marked on-site and if the width could be addressed at the throat of the entrance, it would go a long way to preclude vehicles exiting incorrectly. Therefore, Commissioner Mohn moved to recommend approval of the requested waiver of 105 feet off of Eckard Circle and a waiver of 80 feet off the adjacent commercial entrance. This motion was seconded by Commissioner Kerr. The motion failed, however, by the following majority vote: YES (TO APPROVE): Unger, Watt, Manuel, Kerr, Mohn, NO: Morris, Oates, Light, Thomas, Ours, Kriz, Wilmot (Note: Commissioner Triplett was absent from the meeting.) The applicant asked if the Commission would consider tabling the waiver request until he could bring back further detail on the entrance regarding movements and safety. Commissioner Oates said he would like this request to be reviewed by the County's transportation planner for a recommendation, before it comes back to the Commission. Commissioner Morris suggested some improvements to the site plan drawing to show where the entrances are located, how they work, and possibly, a simpler diagram of how the flow is likely to occur. Upon motion made by Commissioner Mohn and seconded by Commissioner Kerr, BE IT RESOLVED, THAT the Frederick County Planning Commission does hereby unanimously vote to table the request of Gas Mart #7, submitted by Greenway Engineering, for an entrance spacing waiver, which would allow a new commercial entrance to be placed less than 200 feet from an existing road and an existing entrance, for at least 30 days to allow the applicant to assemble more detailed information. Frederick County Planning CommissionUP n Page 1875 Minutes of October 4, 2006 iJ„u{ (Note: Commissioner Triplett was absent from the meeting.) COMMISSION DISCUSSION EASTERN ROAD PLAN UPDATE — A PROPOSED AMENDMENT TO THE FREDERICK COUNTY COMPREHENSIVE POLICY PLAN TO ALTER THE EASTERN ROAD PLAN Action — Recommended Approval Transportation Planner, John A. Bishop, said the primary reason for the update to the Eastern Road Plan was the fact that the County, as part of the MPO, had participated in the long-range planning process, which resulted in a significant number of projects being added, thereby necessitating the desire to bring the Eastern Road Plan, as it existed in the Comprehensive Policy Plan, up to date. Mr. Bishop used a power point program to display the existing Eastern Road Plan; he pointed out all of the additions planned to be made in the proposed draft which was before the Commission. He said the plan is really very little different thanwhat the Commission reviewed and approved back in December of 2005; however, there are some key updates that they've worked on closely with VDOT, the Transportation Committee, and, in one instance, Stephens City, to bring this up to date. Mr. Bishop pointed out the Route 37 centerline adjustment made through the Stephenson area, which was approved by the Board in April of this year. He said the Board recently approved a further revision in the Stonewall area at their September 27 meeting and this will also be included. Another significant item, worked on jointly with VDOT and the Transportation Committee, was the area where Channing Drive comes down south to Sulphur Springs Road; he noted Greenwood Road is proposed to "T" into Channing Drive, recognizing Channing as the dominate movement north -south through that entire section of the County. Finally, Mr. Bishop pointed out Exit 307 in which the County has been working with VDOT and the Town of Stephens City to refine the location in light of development pressure that Stephens City is facing and the right-of-way the County has been able to obtain through developments in this area. He said the draft reflects the preferred location for the interchange based on that work. In conclusion, Mr. Bishop said this plan was reviewed and approved by the Transportation Committee on August 28, 2006. He said the Comprehensive Plans and Programs Subcommittee (CPPS) considered and endorsed the revisions on September 11, 2006; however, the CPPS endorsed Independence Drive as the connection to Channing Drive and future reclassification of Victory Lane. He said the CPPS also commented that a Route 277 bypass, connecting the relocated Exit 307 to the Double Tollgate neighborhood, should be looked into as a long-term connection. In addition, Mr. Bishop said that previous road plan reviews primarily concentrated on improved major and improved minor projects; however, in preparation for today's meeting, it was determined it may be helpful to add a component, which incorporates a graphic representation of a cross section of roads. He said if it is the desire of the Commission to include this component, he would take that comment forward to the Board. Commissioner Morris asked if the plan addressed future intersections of Route 11/ Route 37/ 1- 81; Tasker at Kernstown and what that may look like. Mr. Bishop replied that the plan calls for a Tasker Read flyover of 1-81, improvements to the interchange at Route 11, improvements to the interchange with I-81 and Route 37, and an interchange with Shady Elm. Mr. Bishop said he would like to caveat that, noting there is significant additional work taking place. He said through the MPO, they are taking on further study of that area because there are a number of federal requirements with interchange spacing and land use in that area; it is Frederick County Planning Commission N N Page 1876 Minutes of October 4, 2006 0 V 7 reflected as a desire of the plan, but there is still considerable study that will be going on. Commissioner Oates said he would like to see the CPPS's comments, regarding Victory Lane and the extension over to Route 217, endorsed by the Planning Commission. Commissioner Oates also thought the graphic representation of a cross-section of each of the categorized roads should be included, so that developers will know what is expected of them_ Other Commission members agreed with his comments. DISCUSSION OF FREDERICK COUNTY'S POLICY ON VESTED RIGHTS Planning Director, Eric R. Lawrence, said that the Vested Rights Policy adopted by the Countyin 1996 is the staff's tool in determining what is vested on master development plans, subdivision plats, and site plans. Mr. Lawrence explained that, generally speaking, the County's Vested Rights Policy deals with vesting developments in their densities, their nuinber of units, their open space requirements, setbacks, and buffers. With regards to a rezoning or a Comprehensive Policy Plan study, Mr. Lawrence stated it is clear that a Comprehensive Policy Plan is a policy or a guideline which helps the elected and appointed officials make decisions when a rezoning comes forward. He explained that simply because a policy indicates what the long- range plan should be on a property, for example, whether it's within the UDA or not, whether it's residential or industrial -planned use, is not a vested right—it is a guideline for the County to make decisions. He said the vested rights kick in once an affirmative governmental action, specifically, a legislative action by the Board of Supervisors, takes place. He said that once the Board of Supervisors grants a rezoning, then the property owner becomes vested. Mr. Lawrence Ambrogi, the Planning Commission's legal counsel, stated that Virginia State Code Section 15.2-2307, Vested Rights Not Impaired, is probably the most helpful guide on vested rights. He said the key wording is that "... the landowner obtains... a significant affirmative governmental act which remains in effect allowing development of a specific project..." Mr. Lawrence and Mr_ Ambrogi answered questions from Commission members. Commission members found the discussion to be helpful in their understanding of vested rights. OTHER DRAINFIELD CONCERNS Planning Director Eric R. Lawrence stated that the County has been reviewing recent drainfield concerns in the rural areas through the County's Public Works Committee, which is a subcommittee of the Board of Supervisors. Mr. Lawrence said the Public Works Committee has investigated drainfields and have made several recommendations. He said that one suggestion was for the County to require 100 percent reserve drainfrelds; he said current regulations require 50% reserve. Mr. Lawrence said a public hearing was held by the Board last week to consider adopting an ordinance to require the 100 percent drainf eld. However, while there was support, thoughts were raised on reviewing other areas of health systems as well, such as pump outs, maintenance contracts for alternative systems, and possibly a transfer pump -out requirement for property transfers. Mr. Lawrence said he would keep the Commission informed on this subject. Frederick County Planning Commissionn Minutes of October 4, 2006 D d F Page 1877 Y (((�ullll� -10 - ADJOURNMENT Upon motion made by Commissioner Morris and seconded by Commissioner Manuel, the meeting adjourned by a unanimous vote at 8:45 p.m. Respectfully submitted, June M. Wilmot, Chairman Eric R. Lawrence, Secretary Frederick County Planning Commission PDPage1878 Minutes of October 4, 2006 on , 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 October 18, 2006. PRESENT: June M. Wilmot, Chairman/Shawnee District; Roger L. Thomas, Vice Chairman/ Opequon District; Richard C. Ours, Opequon District; George J. Kriz, Gainesboro District; Charles E. Triplett, Gainesboro District; Gregory S. Kerr, Red Bud District; John H. Light, Stonewall District; Gary R Oates, Stonewall District; Robert A. Morris, Shawnee District; David Shore, City of Winchester Liaison; and Lawrence R Ambrogi, Legal Counsel. ABSENT: Christopher M. Mohn, Red Bud District; Greg L. Unger, Back Creek District; Cordell Watt, Back Creek District; H. Paige Manuel, Member -At -Large; STAFF PRESENT: Eric R. Lawrence, Planning Director; Michael T. Muddy, Deputy Planning Director; Mark R. Cheran, Zoning and Subdivision Administrator; Candice E. Perkins, Planner II; Planner I; and Renee' S. Arlotta, Clerk. CALL TO ORDER & ADOPTION OF AGENDA Chairman Wilmot called the meeting to order at 7:00 p.m. Upon motion made by Commissioner Kriz and seconded by Commissioner Ours, the Planning Commission adopted the agenda for this evening's meeting. COMMITTEE REPORTS Winchester City Planning Commission Mr. David Shore, Planning Commission Liaison for the City of Winchester, reported that the City Planning Commission is working on the update to the City's Comprehensive Policy Plan. Mr. Shore also reported that the Winchester Planning Commission recently recommended to the City Counsel a rezoning that would allow the extension of Jubal Early Drive across a three -acre parcel of City -owned land and will allow that road to be taken into Frederick County through the newly proposed Willow Lawn subdivision. He said it will eventually go out to Route 37 and will be a very important east -west connector for both the City and the County. Frederick County Planning Commission Minutes of October 18, 2006 I � F ( -2 - Comprehensive Plans & Programs Subcommittee (CPPS) —10/09/06 Mtg. Commissioner Light reported that the CPPS discussed two CPPA amendment properties sent by the Board of Supervisors. He said one was Clearview in the Stonewall District and the other was for the Luthern Church on the Route 50 West corridor. He said the CPPS also had UDA update. Economic Development Commission (EDC) —10/13/06 Mtg. Commissioner Kerr reported that the EDC discussed budget planning for FY 2008 and the ith the Chamber of Commerce on marketing efforts. Also discussed was the Real Cost possibility of partnering w of Commuting Study and he said the results are soon to be released to the public. CITIZEN COMMENTS Chairman Wilmot called for citizen comments on any item that was not on this evening's agenda. No one came forward to speak. PUBLIC HEARING Rezoning Application 913-06 of Senseny Village, submitted by Greenway Engineering, for the purpose of revising the Generalized Development Plan (GDP) and proffers applicable to the road design. The property is located on the south side of Rossum Lane (Rt. 736) and Twinbrook Circle (Rt. 867). The property is further identified with P.I.N.s 65 -A -49B and 65-A-55 in the Red Bud Magisterial District. Action — Recommended Approval Planner Candice E. Perkins reported that the Senseny Village rezoning application is a request to revise the Generalized Development Plan (GDP) and proffers that were associated with Rezoning #04-05, which was approved by the Board of Supervisors in August of 2005. Ms. Perkins stated that the Senseny Village development consists of 285 residential units, which includes 112 single-family units and 173 townhouse units. Ms. Perkins explained that Rossum Lane will be the primary entrance into the Senseny Village development. She said that at the time of the rezoning in 2005, VDOT and the Planning Staff believed that Rossum Lane had an existing right-of-way width of 50 feet; however, the applicant has since advised the staff that Rossum Lane actually has a dedicated right-of-way width of only 37 feet. She further explained that the transportation proffer from Rezoning 404-05 stated that on -street parking was to be provided; it has since been decided that a sidewalk would be more beneficial. Ms. Perkins said the proposed proffer revision would state: "The applicants hereby proffer to design and construct improvements to Rossum Lane (Rt. 73 6) to meet `v DOT minimum geometric and pavement design standards sufficient to allow for two-way travel, curb/gutter, street lights, storm sewer, and a sidewalk (four feet in width), located on the west side of Rossum Lane within the existing Rossum Lane right-of-way." Ms. Perkins noted that this is the only text revision to the original proffers and all of the other proffers remain the same. Ms. Perkins further noted that the revised GDP provides additional N��T` Page 1880 Frederick County Planning Commission M Minutes of October 18, 2006 -3 - open space between the single-family homes in the Senseny Village development and the existing homes in Glenmont Village. Referring to the applicant's proffer statement under transportation, Commissioner Thomas said the applicant is proffering to provide for a right-of-way dedication for the future Route 37 Eastern Bypass in conformity with the Alternative C alignment. Commissioner Thomas inquired who would actually do the survey and layout because a 1-200 or 1-2,000 scale map leaves considerable waffle room; he asked if VDOT would actually go out and place the alignment out for the developer. Planning Director Eric R. Lawrence stated that through the Transportation Committee, the County is working with an engineer to identify and locate the centerline for the entire portion of Route 37 that has not been constructed (Eastern Rt. 37). Mr. Lawrence said in going through that exercise, the County will be able to determine the metes and bounds, based on the centerline; the County will then approach the property owners and ask them to dedicate the areas identified. He said the applicant will then do the surveying. Mr. Evan A. Wyatt with Greenway Engineering was present to represent the Senseny Village Rezoning and Master Development Plan (MDP). Mr. Wyatt said through this process, they have worked quite extensively with the Glenmont Village Homeowners Association (HOA); he said one of the primary goals of the Glenmont Village HOA was to have a no -cut, tree -save area between Glenmont Village and the new Senseny Village development. Mr. Wyatt said that with the re -design of the GDP, they have been able to preserve considerably more area than the 50 -foot strip of hardwoods originally shown on the previous plan. He said they remain committed to making the road connections with Glenridge Drive, Rossum Lane, and the undeveloped Gene Grove property, as well as the internal connecting road system. He talked about the right-of-way issue on Rossum Lane. Mr. Wyatt added that during the design process, VDOT started using the concept of traffic chokers; he said language has been added indicating that chokers will be placed at the three main entrance points previously mentioned. Cairman Wilmot next called for public comments and the following persons came forward -to speak: Ms. Valerie Pullman, a resident on Glenridge Drive in the Red Bud District, spoke in favor of the revisions to the applicant's rezoning and GDP. Ms. Pullman said the residents of Glenmont believe the modified plan was much better than the plan submitted a year ago. She said the revisions are more in line with what the residents of Glenmont Village wanted, especially with regard to the tree -save area. She said the buffer area was very important to the residents of Glenmont Village. In addition, Ms. Pullman raised the issues of over -capacity of the elementary schools in this area and bus transportation for the elementary schools in the County. She said last year, she had two of her children attending two different elementary schools; she said this year, there is a brand new elementary school and on the first day, it opened over capacity. She spoke about the amount of time young children have to wait at school for a bus and the amount of time it takes to travel home on a bus. She requested that the Commission consider the school situation when looking at new development. Mr. Richard Crane, a resident on Glenridge Drive in the Red Bud Distirct and Vice President of the Glenmont Village HOA, spoke in support of this rezoning application. Mr. Crane said the applicant and his representatives have met with Glenmont Village's Board of Directors on numerous occasions, they've met with individual representatives from the Board, they have attended their annual property owners' meeting, and they have attended specially -called community meetings for the purpose of considering this rezoning. Mr. Crane had positive comments about their relationship with the applicant on working out the details and concerns of Glenmont Village homeowners. He said the HOA supported the revised MDP and they were pleased with the addition of the sidewalk along Rossum Lane. Mr. Crane said he was asked late this evening to mention that perhaps the Commission could recommend to the Board of Supervisors that "Children at Play" signs be added as an additional measure for calming the traffic. Frederick County Planning Commission Minutes of October 18, 2006 Page 1881 ZE No one else wished to speak and Chairman Wilmot closed the public comment portion of the meeting. Commissioners were pleased to have the adjoining residents come in and talk about how this had been a positive experience for them. No other issues or concerns were raised. Upon motion made by Commissioner Kerr and seconded by Commissioner Kriz, BE IT RESOLVED, THAT the Frederick County Planning Commission does hereby unanimously recommend approval of Rezoning Application # 13-06 of Senseny Village, submitted by Greenway Engineering, for the purpose of revising the Generalized Development Plan (GDP) and proffers applicable to the road design. (Note: Commissioners Unger, Manuel, Watt, and Mohn were absent from the meeting.) PUBLIC MEETING Master Development Plan #12-06 of Senseny Village, submitted by Greenway Engineering, to accommodate 285 residential units on the south side of Rossum Lane (Route 736) and Twinbrook Circle (Route 867). The property is further identified by P.I.N.s 65 -A -49B and 65-A-55 in the Red Bud District. Action – Recommended Approval Planner Candice E. Perkins reported that the master development plan (MDP) of Senseny Village includes the revised proffer and Generalized Development Plan (GDP) just previously considered by the Commission. Ms. Perkins said the revised GDP layout is reflected with this MDP; the revision provides a new road layout, a revised townhouse layout, and additional open space between this development and Glenmont Village. She added that the applicant has also proposed to construct the Rossum Lane improvements within the existing right-of-way; these improvements will include curb and gutter, two driving lanes, and a sidewalk along the western side of Rossum Lane, as indicated in Rezoning #13-06. She pointed out that a waiver of Section 144- 24C(2)b of the Subdivision Ordinance will be required to allow townhouse units to be located more than 500 feet from a state -maintained road, but not more than 800 feet. Ms. Perkins noted that some of the additional proffers associated with the development include a monetary provision of $5,000 per single family unit and $3,000 per townhouse unit for improvements to Senseny Road, right turn lanes on Senseny Road at the Rossum Lane and Twinbrook Drive intersections; and monetary contributions of $10,000 per single family unit and $8,000 per townhouse unit to mitigate impacts to County facilities. Ms. Perkins concluded her report by noting that two actions will be required for this MDP—one for the waiver and one for the MDP itself. Mr. Evan A. Wyatt with Greenway Engineering, representing the Senseny Village Rezoning and Master Development Plan (MDP), first referred to his proffer commitment for the consideration of traffic chokers; he said VDOT must allow them the use of traffic chokers through the ultimate design approval plan. Mr. Wyatt stated they could pictorially show the areas for traffic chokers and include a narrative stating any and all will be constructed, provided VDOT grants approval. He next pointed out the lot -limit areas and offered to include an additional narrative committing to the open space, tree -save portions, and the delineation of those areas prior to land -disturbance activity. Mr. Wyatt pointed out the lots which exceed the 500 foot requirement from a state -maintained street, in which a waiver was required; he also noted the circular connection of the road system. Frederick County Planning Commission Minutes of October 18, 2006 Page 1882 speak: -5- Chairman Wilmot next called for citizen comments and the following person came forward to Ms. Valerie Pullman, a resident on Glenridge Drive in the Red Bud District, spoke in favor of all the County agencies working together to provide input on projects. Upon motion made by Conunissioner Kerr and seconded by Commissioner Kriz, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the waiver of Section 144-24C(2)b of the Subdivision Ordinance to allow townhouse units to be located more than 500 feet from a state -maintained road, but not more than 800 feet. Upon motion made by Commissioner Kerr and seconded by Commissioner Triplett, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Master Development Plan # 12-06 of Senseny Village, submitted by Greenway Engineering, for 285 residential units on the south side of Rossum Lane (Route 736) and Twinbrook Circle (Route 867), with the inclusion of a narrative and pictorial indicating the areas for traffic chokers as directed by VDOT and a narrative committing to the open space/ tree -save areas, and the delineation of those areas on the site prior to land - disturbance activity. (Note: Commissioners Unger, Manuel, Watt, and Mohn were absent from the meeting.) Subdivision and Waiver Request #13-06 of Winstone, LLC, submitted by Greenway Engineering, for the creation of a new 4.40 -acre commercial property with a waiver of Chapter 144, Article V, Section 24C_ Lot Access. The property is located within Stonewall Plaza, off North Frederick Pike (Route 522), and is identified with Property Identification Number 42 -A -198H in the Stonewall Magisterial District. Action — Recommended Approval Zoning and Subdivision Administrator, Mark R. Cheran, reported that this request is for the subdivision of a 21 -acre parcel to create a 4.40 -acre parcel and a 17 -acre residue parcel, both zoned B2 (Business General) District. Mr. Cheran said that access to the new parcel will be via a private commercial 50 -foot ingress/egress access from North Frederick Pike (Rt. 522). He explained that a waiver from the requirements of Chapter 144, Section 24 (C), of the Subdivision Ordinance will be needed as this four -acre parcel will be served by a private street access via the public street of North Frederick Pike. He added that the property is subject to the conditions of approved MDP # 10-05; there is also an approved subdivision on the 17 -acre parcel. Mr. Evan A. Wyatt, with Greenway Engineering and representing Windstone, LLC, said this is being brought to the Commission as a subdivision waiver to avoid the creation of a pipestem lot adjoining a state - maintained road. Mr. Wyatt noted this is the new commercial site in Sunnyside and Rivendale Court is the entrance which comes off North Frederick Pike; he pointed out the ring road around the property. He added that there is a reciprocal access easement agreement that is executed between all parties and provides the right to move back and forth between properties, similar to other office parks or commercial centers where there are private road systems. Frederick County Planning Commission Minutes of October 18, 2006 Y Page 1883 S:C Chairman Wilmot called for public comments and the following person came forward to speak. Mr. Doug Kramer, a resident of the Stonewall District, stated that he lived on Lot 1 in the Darville Subdivision; his lot adjoined the 17 -acre residue parcel, along Clark-ville Drive. Mr. Kramer had problems with the lighting nosing from the 17 -acre commercial property. He said the site is over lighted and he has an enormous amount of light in his back yard. He stated that when the facility was constructed, the ground level was raised about five feet, but the fence was placed below, at ground level. He said the driveway and parking is up high and the adjoining residential homes on the south end are much lower. Mr. Kramer asked for consideration of a fence at the upper level or directing the lights in the opposite direction. There was no one else wishing to speak and Chairman Wilmot closed the public comment portion of the meeting. Mr. Wyatt said that he would convey Mr. Kramer's concern to Mr. Bruce Griffin, the developer, and he would try to get the two parties together. No further issues or concerns were raised by the Commission. Upon motion made by Commissioner Light and seconded by Commissioner Kriz, BE IT RESOLVED, THAT the Frederick County Planning Commission does hereby unanimously recommend approval of Subdivision and Waiver Request # 13-06 of Winstone, LLC, submitted by Greenway Engineering, for the creation of a new 4.40 -acre commercial property with a waiver of Chapter 144, Article V, Section 24C — Lot Access. (Note: Commissioners Unger, Manuel, Watt, and Mohn were absent from the meeting.) Subdivision 914-06 and Waiver Request of C. Robert Solenberger, et al, submitted by Greenway Engineering, for the creation of a new 1.25 acre commercial property with a waiver of Chapter 144, Subdivision Ordinance, Article V, Section 31 C(1)(B) — Rural Subdivisions. The property, zoned MI and RA, fronts the western boundary of Martinsburg Pike (Route 11 N) about 0.65 miles north of the intersection with Interstate 81 (Exit 317). The property is further identified with P.I.N. 43-A-111 in the Stonewall Magisterial District. Action — Tabled for 30 Days Commissioner Light announced that he would abstain from all discussion and voting on this request, due to a possible conflict of interest. Zoning and Subdivision Administrator, Mark R. Cheran, reported that the property is zoned M 1 (Light Industrial) and RA (Rural Areas) and the land use is vacant and residential. Mr. Cheran said the applicant is seeking the ability to create two parcels from an 18.345 -acre tract; one parcel would consist of 1.25 acres zoned RA and the second parcel 17.0954 acres, zoned M 1, with an access across the RA -zoned property. He explained that this small access area would enable a secondary site access to Route 11; the primary site access would be through the Ruthersford Industrial Park road network, as proffered with the Ruthersford Industrial Park rezoning application. Mr. Cheran stated that the applicant is requesting a waiver of Chapter 144, Section 31, of the Subdivision Ordinance to create a 1.25 -acre parcel in the RA (Rural Areas) Zoning District. He explained that Frederick County Planning Commission Minutes of October 18, 2006 Page 1884 the minimum lot size in the RA Zoning District is five acres, with the exceptions of family division lots and rural preservation lots, which may be a minimum of two acres. Mr. Cheran said that the staff's concern with this waiver is that it would result in two entrances onto Route 11, which does not meet minimum entrance spacing requirements. He said the staff believes these parcels should establish a shared entrance/access agreement so that in the event the 1.25 -acre site successfully secures a more intensive commercial or industrial use in the future, it would not establish another commercial entrance on Route 11. In addition, Mr. Cheran said the staff would also suggest that inter -parcel access easements should be established with properties north and south of the subject sites to minimize future entrance conflicts onto Route 11. Mr. Evan A. Wyatt with Greenway Engineering, the design/engineering firm representing the C. Robert Solenberger waiver request, stated that this request has come forward because of the FEMA office building site; he said FEMA's desire was to purchase the property, minus the house. He said a subdivision plat was prepared and it was determined a waiver would be needed because the residue where the existing house is located would be less than five acres. Mr. Wyatt said that FEMA has established a secondary access road that will come off of Route 11 back to their office building; he pointed out that FEMA is allowing the existing residential driveway to connect into their access drive, thus eliminating the existing residential driveway. He said FEMA has also provided a ten -foot right-of-way dedication strip along Martinsburg Pike. Mr. Wyatt presented a revised plat showing the ten -foot right-of-way dedication strip, to be used for future road widening, and includes frontage along the portion that FEMA is retaining for their road, as well as along the residential lot; he noted that the parcel acreage has been adjusted accordingly. He pointed out the narrative at the top which commits to the residential driveway serving the new parcel to be connected to the access drive on Parcel 111. No commitment was made by the applicant for access easements to the north. Commission members asked if the driveway to FEMA would be dedicated to the State and Mr. Wyatt replied that FEMA did not want a State street and preferred a private road system. Commission members were seeking to limit the number of entrances onto Route 11 for safety reasons; they were interested in having the availability of inter -parcel connectors for the lots on either side of the proposed new Parcel I I IA. They also wanted to see direct access prohibited to Route 11 by the new Parcel 11 IA. A Commission member asked where the residential driveway would connect along FEMA's access road; he also asked about the appropriateness of a semi -secure administration building sharing an access road with a neighbor. Mr. Wyatt pointed out an area close to the dwelling which would provide the connection and he also pointed out where the guard area would be further northwest along the access road, with the actual gating taking place on the M 1 -zoned portion of the property. Commissioners noted that the residential driveway would be going across the storm water management easement; it was also noted that the septic easement for the residential property was on the adjoining property. Commissioners commented that not only was this lot too small, it will have an inter -parcel connection on a busily -traveled road, and the septic easement was off site. Chairman Wilmot asked where the primary access would be. Mr. Wyatt replied that the primary access is intended to come through the main entrance at Rutherford Farm Industrial Park, which is a signalized intersection with turning lanes. Planning Director Eric R. Lawrence came forward to clarify the access to the parking lot; he said the approved site plan does not show gate houses, so the staff will need to understand where the gates would be located. In addition, Mr. Lawrence stated that if this waiver is approved creating a 1.25 -acre parcel, it has every right to be requested to be rezoned to commercial; he said once the parcel stands on its own right, it has the rights to get access to Route 11. He said if the applicant is unwilling to establish the inter -parcel connection, a notation that there be no direct access to Route I 1 would be appropriate. He said it will force the owner, at some point in the future when they want to rezone the property, to find other access. Mr. Lawrence said the entrance spacing on Route 11 is a 200 -foot requirement, and the frontage on this new parcel is only 94 feet, which is why the staff suggested inter -parcel connections. Frederick County Planning Commission Minutes of October 18, 2006 Page 1885 Chairman Wilmot next called for public comments and the following person came forward to speak: Mr. Scott E. Merryman, the adjoining property owner to the east at 1995 Martinsburg Pike, stated that the parcels along Martinsburg Pike are very narrow and long. Mr. Merryman said that any road frontage that goes up through there will be very close to his property line. He was concerned about having commercial traffic going in and out of the site, across that lot. He said his septic is only 15 feet off of the property line and his house is only about 40 feet off the property line. Commission members were concerned that the proposed design would result in an undesirable situation for the neighbors, particularly Mr. Merryman. A Commission member suggested that FEMA place the access road down through the center of the parcel, with buffering on both sides, so it would not be so objectionable to the neighbors. Some members of the Commission said they could not support the waiver as presented. A motion was made by Commissioner Oates to table the request for 30 days with the following items brought back when resubmitted: 1) a schematic of the proposed entrance; 2) the location of the guard gates and FEMA entrance gates; 3) buffering along the access road for the neighbors on both sides; 4) the consideration of inter -parcel connectors on both sides of the property; and 5) the provision of traffic counts. This motion was seconded by Commissioner Kriz. BE IT RESOLVED, THAT by a unanimous vote, the Frederick County Planning Commission does hereby table Subdivision # 14-06 and Waiver Request of C. Robert Solenberger, et al, submitted by Greenway Engineering, for the creation of a new 1.25 -acre commercial property with a waiver of Chapter 144, Subdivision Ordinance, Article V, Section 31C(l)(B), Rural Subdivisions, for 30 days. The Commission has requested the following information to be included in the next submittal: 1) a schematic of the proposed entrance; 2) the location of the guard gates and FEMA entrance gates; 3) buffering along the access road for the neighbors on both sides; 4) the consideration of inter -parcel connectors on both sides of the property; and 5) the provision of traffic counts. (Commissioner Light abstained from voting. Commissioners Mohn, Unger, Watt, and Manuel were absent from the meeting.) DISCUSSION UPDATE ON THE URBAN DEVELOPMENT AREA (UDA) STUDY POLICY Deputy Planning Director, Michael T. Ruddy, reported that the UDA Working Group and the Comprehensive Plans & Programs Subcommittee (CPPS) have been working for quite some time on the Urban Areas Land Use Proposal which presents an approach to land use planning in the urban development areas ofthe County. Mr. Ruddy said the concepts within the proposal would enable the implementation of a pro -active and creative land use plan which will meet the needs of a growing community, will assure a sustainable community, and will maintain a high quality of life for the residents of Frederick County; he stated that the land use proposal for the urban areas is based upon creating community in the urban areas. Mr. Ruddy proceeded to give the Commission an overview of the Land Use Proposal for the Urban Areas of Frederick County, which included a review of the Development Principles in the Urban Areas, Neighborhood Villages and Urban Centers, Community Facilities in the Urban Areas, Transportation in the Frederick County Planning Commission Minutes of October 18, 2006 Page 1886 Urban Areas, and Green Infrastructure in the Urban Areas. Mr. Ruddy said that all comments received by the Planning Commission will be incorporated in the proposal sent forward to the Board of Supervisors. Commission members inquired if the land use proposal encouraged green -type development, such as pervious parking in urban and village centers. They also inquired how the proposed design concepts would be implemented; if the next step would be to look at ordinances and design standards; and, they asked how the County would encourage builders to begin using the concepts. Commission members asked if there was a plan for the future to go from the concepts being an option to becoming a requirement. Mr. Ruddy replied that this proposal sets the County in that direction. He said a part of the implementation envisioned, especially working with the design community, is for something to be in place fairly quickly that would enable these principles to happen and provide considerable flexibility. He commented that in the past, the County has used the R4 classification to enable flexibility; something similar, but designed around the concepts now being discussed is envisioned as one implementation tool. Mr. Ruddy said the green infrastructure component will be given greater recognition as these neighborhood plans come before the Commission. He said there were a number of steps the County will have to proceed through in order for the concepts to go from options to requirements; however, the initial proposal is certainly a giant leap from where the County is today for enabling a different approach to occur. Mr. Ruddy stated that the working group clearly wants to move forward to enable the implementation to happen. Commissioner Kriz, a member of the study group and the CPPS, said the development community is very much on board with these concepts and are already pulling together some sample ordinances to bring forward. He said they see this as a good opportunity that will benefit the County. Commissioner Kriz stated that public meetings were held and the working group also met with every County agency to receive input so that everyone was working together. Commissioner Kriz felt this was a package that should be pretty well accepted by everyone who needs to make decisions. Commissioner Kerr believed the developers would look at these concepts favorably over time and he thought today's market would lead them in that direction. He mentioned that in places like northern Virginia, where homes are still selling quite well, they are within neighborhood and urban centers. Commissioners believed the proposal was a good start and were in support of the proposal presented. Mr. Ruddy said this will be going to the Board of Supervisors for discussion on November 8, 2006, and following that, it will move forward to public hearings. DISCUSSION OF A PROPOSED ORDINANCE AMENDMENT TO CHAPTER 165 (ZONING), ARTICLE V, RA (RURAL AREAS) DISTRICT, SECTION 165-55(A), SETBACK REQUIREMENTS. Zoning and Subdivision Administrator, Mark R. Cheran, reported that this section of the zoning ordinance addresses building setbacks in the RA (Rural Areas) Zoning District; he said the Development Review and Regulations Subcommittee (DRRS) believed the existing setbacks needed clarification and needed to allow for greater setback distances than were currently allowed to avoid conflicts with active agricultural uses. Mr. Cheran noted the changes would apply to family division lots. He said this item was presented to the Planning Commission for discussion on September 20, 2006; the Commission raised issues and made suggestions for consideration by the DRRS. Mr. Cheran said that, subsequently, the DRRS met on September 28, 2006, and incorporated the suggestions made by the Planning Commission. He said those changes included adjoining land use categories of"Residential at 5 acres or less at a 50 -foot setback; AgriculturaWesidential at 5 acres or more at a 100 -foot setback; Orchard at a 200 -foot setback; and Agricultural & Forestal District at a 200 -foot setback. He Frederick County Planning Commission n n Page 1887 Minutes of October 18, 2006 I ISI I ILJUIf{ said the DRRS also proposed eliminating Section C, Existing Dwellings. Under the Agricultural/Residential category, Commissioner Oates suggested changing the wording to "more than 5 acres," instead of "5 acres or more." On behalf of the surveying community, Commissioner Oates asked for a list of all the properties within the Agricultural and Forestal District, by tax map number, to be provided annually, so the correct setback can be incorporated onto plats. Commissioner Thomas, a member of the DRRS, said a considerable amount of time and discussion was spent on this amendment clarification. He said the subcommittee's goal was to protect the County's agriculture, the orchards, and the Agricultural and Forestal Districts. Commissioner Thomas believed this was the best option and it protects both the agricultural and rural areas and still gives developers the flexibility to develop lots. It was the consensus of the Commission that this item was ready to go forward to the Board of Supervisors for their review and discussion. OTHER Commissioner Oates announced that the County's GIS Department will be having a GIS Day on November 17, 2006. Commissioner Oates said that if any of the Commissioners are looking for a special map, the GIS Department may be able to provide it. ADJOURNMENT p.m. There being no further business to discuss, the meeting adjourned by a unanimous vote at 9:50 Respectfully submitted, June M. Wilmot, Chairman Eric R. Lawrence, Secretary Frederick County Planning CommissionM Page 1888 Minutes of October 18, 2006 IL1n� llss(►��� I�f� L • C: • REZONING APPLICATION 915-06 ROCK HARBOR GOLF COURSE Staff Report for the Planning Commission Prepared: November 1, 2006 Staff Contact: Mark R. Cheran, Zoning Administrator 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. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: November 15, 2006 Pending Board of Supervisors: December 13, 2006 Pending PROPOSAL: To rezone 58.08 acres from EM (Extractive Manufacturing) District to RA (Rural Areas) District, with proffers. LOCATION: The property fronts on the south side of Round Hill Road (Route 803) and on the east side of Woodchuck Lane (Route 654), adjacent to Section Three and Section Seven of the Roscommon Subdivision and the existing Rock Harbor Golf Course. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 52-A-256 PROPERTY ZONING: EM (Extractive Manufacturing) District. PRESENT USE: Quarry /Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Residential South: RA (Rural Areas) Use: R esidentialNacant East: RA (Rural Areas) Use: Golf Course West: RP (residential Performance) Use: Residential RA (Rural Areas) Use: Residential PROPOSED USE: Commercial Outdoor Recreation (Conditional Use Permit (CUP)Required) Rezoning #15-06, Rock Harbor Golf Course November 1, 2006 Page 2 R -m . vd F. V ALUI'V IONS: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have little measurable impact on Route 621. This route is the VDOT roadways which has been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Rock Harbor Golf Course rezoning application dated May 25, 2006 address 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 General Manual Sixth Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off-site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Fire Marshal: No additional impacts on fire and rescue noted. Plan approval recommended. Round Hill Fire & Rescue Company: No comments. Public Works Department: We do not have any comments concerning the proposed rezoning from EM to RA. Frederick -Winchester Health Department: Health Department has no objection to the rezoning request. _Historic Resources Advisory Board: The Frederick County Historic Resources Advisory Board (HRAB) considered this rezoning proposal during their meeting of July 18, 2006. The HRAB reviewed information associated with the Frederick County Rural Landmarks Survey Report, the Virginia Department of Historic Resources, as well as information provided by the applicant. The HRAB felt that the proffers associated with historic preservation and recognition were adequate and did not request any changes to the proposed rezoning. Winchester Regional Airport: While the site does lie within the airspace operations of the Winchester Regional Airport, it is outside of the close in part 77 surfaces and should not impact airport operations. Frederick County Attorney: It is my opinion that the Proffer Statement is generally in a form to meeting the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, subject to the following comments: 1. In Proffer A, it is unclear to me what is intended by the second sentence of the proffer. The first sentence says that the property will be developed as an expansion of the golf course, and the exhibit shows the location of golf course areas in the property being rezoned. Does the second sentence mean that in the future the areas shown on the exhibit as golf course areas could be converted to other use, or does the second sentence mean that other parts of the property could be used for uses permitted in the RA District, for example single family residences? Perhaps this could be clarified. 2. Proffer B provides for the dedication of property which is not a part of the property subject Rezoning #15-06, Rock Harbor Golf Course November 1, 2006 Page 3 to the rezoning, but which is represented to be owned by the Applicant. If feasible, I would suggest that a copy of the portion of the Interchange Exhibit showing the 1.4940 acre portion to be dedicated be attached as an exhibit to the proffer. Further, the proffer should include a provision that the Applicant, as the owner of Tax Map Parcel 53-A-88, will record a document in the land records, upon the granting of the rezoning, setting forth the obligation to dedicate the 1.4940 acres upon request by VDOT or Frederick County. It would be preferable that the form of that recordable document be attached to the proffers as an exhibit, with the opportunity for counsel for the County to review and approve the form of the document. It should be noted that I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for the rezoning of this specific property, or whether other proffers would be appropriate, as it is my understanding that that review will be done by the staff and the Planning Commission Planning Department: Please see attached letter dated August 15, 2006 from Mark R. Cheran, Zoning Administrator. Plannine & Zoning: 1) Site History: The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) depicts the zoning of the subject parcel as M-2 (Industrial General) District. Frederick County amended its zoning ordinance on November 1, 1973, to add the EM (Extractive Manufacturing) Zoning District. This property was reclassified EM upon adoption of this new district. 2) Comprehensive Policy Plan: The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1-11 Land Use This property is located outside of the Urban Development Area (UDA) and Sewer Water Service Area (S WSA). The site has an industrial land use designation on the Eastern Frederick County Long Range Land Use Plan, which reflects its overall use as a quarry. Staff Note: It would be advantageous for the eastern periphery of this site to function as a golf course to buffer the surrounding residential neighborhood from the quarry operations. It would not be beneficial to rezone the property for housing. Transportation The Western Jubal Early Land Use Plan and the Metropolitan Planning Organization 2030 Transportation Plan call for a new interchange of Route 3 7 at Merriman's Lane. This applicant has proffered to dedicate the 1.49 acres of land necessary to accommodate that interchange. Rezoning #15-06, Rock Harbor Golf Course November 1, 2006 Page 4 3) Site Suitability/Environment: The site does not contain environmental features that would either constrain or preclude site development. In particular, there are no identified areas of steep slopes, mature woodlands, lakes, ponds or wetlands on the property. A small area of floodplain is located in the northern most corner of the property being rezoned. It is not anticipated that this area will be impacted by development, although the Zoning Ordinance does allow recreational uses, such as golf courses, within floodplain areas. The General Soil Map of the Soil Survey of Fredrick County, Virginia indicates that the soils comprising the subject parcel falls under Frederick-Poplimento-Oaklet soil association. The predominant soil types on the site are Frederick-Poplimento loam, 14C & 14D,16C & 16D, and 17C & 17E (7-45% slope) and Timberville Silt loam, 40B (2-7% slopes). The characteristics of these soil types and any implications for site development are manageable through the engineering process. 4) Potential Impacts A. Transportation A full Traffic Impact Analysis (TIA) was not prepared for this project. The applicant generated future traffic projections based on current traffic at the adjacent golf course. The existing 18 hole golf course generates approximately 120 golfers per day. Assuming that the expansion of the golf course doubles the average golfer per day and that all golfers drive single occupancy vehicles, it would be anticipated that there would be a 240 average daily traffic volume (ADT) associated with this rezoning. The full time employee traffic would increase this volume to approximately 288 ADT. The average daily traffic volumes along the segment of Merriman's Lane (Rt. 621) between Route 37 and Cedar Creek Grade (Rt. 622) is 2,800 ADT. The 288 ADT associated with this rezoning would not create a negative impact on the roads in this area. B. Sewer and Water This property is located outside the Sewer and Water Service Area (SWSA) and does not have access to public water or sewer. The site will be served by a private sewage system and private water system. Should the expansion of the golf course be approved with a CUP, the applicant will have to meet all the requirements of the Frederick County Health Department. C. Community Facilities In recognition of the impacts that may be realized by this development to the Fire and Rescue Services, the applicant has proffered $5,000 to Frederick County. 5) Proffer Statement — Dated May 25, 2006 and Devised October 6, 2006 A) Land Use — The applicant will develop this property for the expansion of the Rock Harbor Golf Course, in substantial conformance with the Rock Harbor Golf Course Exhibit prepared by March and Legge dated January 6, 2006. The applicant also wants the right to utilize the property in the future for any land uses permitted in the RA Zoning District. Rezoning # 15-06, Rock Harbor Golf Course November 1, 2006 Page 5 Staff Note: This proffer would allow any RA uses, including single-family dwellings, immediately adjacent to the EM zoned property that will continue to be used as an active quarry. Staff would strongly discourage this. The County Attorney also had concerns with the wording of thisproffer as two conflicting options are proffered — developing a golf course with a proffered design and allowing any possible R,4 development. B) Transportation - The applicant will dedicate 1.4940 acres of land to the Virginia Department of Transportation (VDOT) for the purpose of the construction of the Route 37 southbound off -ramp by others. The right-of-way dedication shall be in conformance with the Future Route 37 and Route 621 Interchange Exhibit prepared by Marsh & Legge dated May 9, 2006. C) Boundary Line Adjustment Plat The applicant will join the 58.088 acres tract subject to this rezoning to tax map parcel 53-A-88 (the existing golf course), also owned by the applicant. D) Monetary Contribution $5,000.00 is proffered to Frederick County for Fire and Rescue purposes. STAFF CONCLUSIONS FOR 11/15/06 PLANNING COMMISSION MEETING: This rezoning could provide an advantageous buffer between the quarry and the adjacent residential subdivision, through an expansion of the golf course. It would not be good planning to allow new residences, which are allowed by -right in the Rural Areas District, to be located in the area to be rezoned as it is adjacent to an active quarry. The proffered road dedication provides a critical piece of the planned Route 37/Merriman's Lane interchange. Followinz the requirement fora public hearing, a recommendation by the Plannink Commission to the Board of Supervisors concerning this rezoning application would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Planning Commission. August 15, 2006 Mr. Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: Proposed Rezoning of Rock Harbor Golf Course Dear Evan: COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 I have had the opportunity to review the draft rezoning application for the Rock Harbor Golf Course. This application seeks to rezone a 58.08 acre portion of a 425.90 acre parcel, tax parcel number 52-A-256, owned by Stuart M. Perry, Inc. from EM (Extractive Manufacturing) District to RA (Rural Areas) District. Staff s review comments are listed below for your consideration. General. It is not necessary to label this application a down zoning. This is a rezoning of the 58.08 acre parcel from EM (Extractive Manufacturing) District to RA (Rural Areas) District. Alter the wording in the application to reflect this change. 2. Land Use. The Eastern Frederick County Long Range Land Use Plan designates the site for industrial use. It would be acceptable for the periphery of the site to function as a golf course to buffer the surrounding land from the quarry operations. However, it would not be acceptable to rezone the property planned for industrial use for housing. Consider language in the proffer statement prohibiting residential uses. 3, Transportation Enhancements. The proffer to dedicate a 1.49 acre portion of tax parcel 53-A-88 to the Virginia Department of Transportation (VDOT) for the Route 37 southbound off -ramp needs to be verified by VDOT. Ensure that the land dedicated is adequate to address this improvement. Access to this site is currently serviced by a single commercial entrance along Merrimam's Lane (Route 621). Consider proffering this entrance as the only access to this site, and prohibit public entrances on Round Hill Road (Route 8 0) and Woodchuck Lane (Route 654). 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Page 2 Mr. Evan Wyatt RE: Proposed Rezoning of Rock Harbor August 15; 2006 All of the above comments and reviewing agency comments should be appropriately addressed before staff can accept this rezoning application. Theses comments only address the rezoning application. Comments concerning the Conditional Use Permit will be provided at a later date. Please feel free to contact me with questions regarding this application. Sincerely, a R. Cheran Zoning Administrator MRC/bad ■ EZ W 15 m 06 7'°rf yrs �,t V�', 10 Approximate ;•� Location of j Rezoning Request Ir AM— ML''� A i____ _ 11 d` A J z i I +e i 11. Frederick County, Location in the County Map Features 4 Application 0 Lakes/Ponds +-- Streams C3 Flooplain Streets 'Rs Primary Secondary Terciary Winchester City Railroads O Property Lines Landuse o Urban Development Area SWSA Rezoning ## 76 - 06 Application Zoning B1 (Business, Neighborhood District) B2 (Business, General District) B3 (Business, Industrial Transition District) EM (Extractive Manufacturing District) 40 HE (Higher Education District) M1 (Industrial, Light District) M2 (Industrial, General District) MH1 (Mobile Home Community District) • MS (Medical Support District) R4 (Residential, Planned Community District) R5 (Residential Recreational Community District) RA (Rural Areas District) RP (Residential Performance District) Location in Surrounding Area 0 750 1,500 3opeet Frederick County, Location in the Gounty Map Features 0 Application 0 Lakes/Ponds w- Streams CZ Flooplain Streets Primary Secondary Terciary Winchester City Railroads O Property Lines Landuse Urban Development Area '7 SWSA Rezoning # 15 - 06 Long Range Land Use Rural Community Center Residential Business ® Industrial ® Institutional Recreation Historic Mixed -Use ® Planned Unit Development Location in Surrounding likrea 0 750 1,500 3,OFeet Greenway Engineering May 25, 2006 Revised October 6, 2006 Rock Harbor Golf Course Rezoning ROCK HARBOR GOLF COURSE PROFFER STATEMENT REZONING: RZ# I D 6 EM, Extractive Manufacturing to RA, Rural Areas District PROPERTIES: 58.08± -acre portion of the 425.90± -acre parcel Tax Parcel 52-((A))-256 RECORD OWNERS: Stuart M. Perry, Inc. APPLICANT: Stuart M. Perry, Inc. PROJECT NAME: Rock Harbor Golf Course ORIGINAL DATE OF PROFFERS: May 25, 2006 REVISION DATE: October 6, 2006 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, (the "Code") and the provisions of the Frederick County Zoning Ordinance (the "Ordinance") with respect to conditional zoning, Stuart M. Perry, Inc., (the "Applicant") hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #-LD96—for the rezoning of a 58.08± -acre portion of the 425.90± -acre parcel (the "Property") from the EM, Extractive Manufacturing District to RA, Rural Areas 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 these applicant and their legal successors, heirs, or assigns. The subject Property, identified as the Rock Harbor Golf Course, and more particularly described as the land owned by Stuart M. Perry, Inc., being all of Tax Map Parcel 52- ((A))-256, recorded as Deed Book 531, Page 163. File #4545WEAW Greenway Engineering May 25, 2006 Rock Harbor Golf Course Rezoning Revised October 6, 2006 A. Land Use The Applicant hereby proffers to develop the Property as an expansion of the Rock Harbor Golf Course in substantial conformity with the attached Rock Harbor Golf Course Exhibit prepared by Marsh & Legge Land Surveyors, P.L.C., dated January 6, 2006 that will be approved as part of the rezoning application. The Applicant shall be entitled to utilize the property in the future for land uses permitted in the RA, Rural Areas District without the need of modifying this condition of the proffer statement provided that all applicable requirements of the Frederick County Code are complied with. B. Transportation Enhancements The Applicant hereby proffers to dedicate a 1.4940 -acre portion of Tax Map Parcel 53- ((A))-88, also owned by the Applicant, to the Virginia Department of Transportation (VDOT) for the purpose of the construction of the Route 37 southbound off -ramp by others. The 1.4940 -acre right-of-way dedication shall be in conformance with the Future Route 37 & Route 621 Interchange Exhibit prepared by Marsh & Legge Land Surveyors, P.L.C., dated May 9, 2006, which is included as an exhibit to the proffer statement. The Applicant shall provide the 1.4940 -acre right-of-way dedication to VDOT within 90 days of written request for said right-of-way by VDOT or Frederick County. C. Boundary Line Adjustment Plat The Applicant hereby proffers to prepare a Boundary Line Adjustment Plat for the purpose of joining the 58.08± -acre portion of the Property to Tax Map Parcel 53-((A))- 88, also owned by the Applicant. The Boundary Line Adjustment Plat shall be prepared and submitted to Frederick County for approval within 180 days of final non -appealable rezoning approval. D. Monetary Contribution The Applicant hereby proffers to provide a one-time cash contribution of $5,000.00 to Frederick County that is to be directed to the Round Hill Volunteer Fire and Rescue Company. This monetary contribution is intended to offset the impacts to the Round Hill Volunteer Fire and Rescue Company that may be realized through the expansion of the Rock Harbor Golf Course facility, and will be provided to Frederick County within 90 days of filial non -appealable rezoning approval. File #454511/EAW 2 Greenway Engineering May 25, 2006 Rock Harbor Golf Course Rezoning E. Signature The conditions proffered above shall be binding upon the tkpplicant and its assigns and successors in interest. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Ordinance. Respectfully Submitted: By: 10-16-o6 Dennis W. Perry, President Date Stuart M. Perry, Inc. Commonwealth of Virginia, Cit Count -QE I)EC-I CIC To Wit: The foregoing instrument was acknowledged before me this ! (o day of O C` o bo�- 20Q(,�q by —bF-tiK�1S DL P 02 D 11 PLtS 1 O C ice.{ T- e. La'�Aw / Notary Public My Commission Expires °30, --,Y)D? File #4545H/EAW j 4-- Y a - L -M a II , ■ Tic 52—A-918 STUAHf Y. PERRY, INC. 939 PG 141E Tic 53 A-88 Q g ZONED: RA USE: E, ROCK RAR80i ;.OIF COURSE STUART Y.PERRY, INC. DE 899 PO 141E ZONED: RA r. USE: ROCK HARBOR COIF COURSE mm ROC$ HARBOR DRIVE � w 500. 3' 320.24 68.Sg A F 'i"I'A Mfr x ��.. PROPOSEO�75 �... m r r z R%If DEDICATION tato ACRESi}� 1gG o st uN i +N- S 6 y�O"�'.c 't / z pA QI ' c z d �a q r'� £XN/Bl7 SHOVING ■'GEND A PO 17ON OF THE LAND OF T M PONY INC jcY- UTILITY POLE S i0ABE DEa/CFOR p- TRANSMISSION MM POLE FUTURE ROUTE 37 & ROUTE 621 1NTERCHANGE BACK CREEK MAGYSIERIAL DI57RICT CMF - CONCRETE MONUMENT FOUND FREDERICK COUNTY, IIRCINIA DA 7F. MAY 9, 2006.SCALE., 1' =JO' a - TELEPHONE CONTROL BOX io. �C scaic i T T T IMPACT ANALYSIS STATEMENT ROCK HARBOR GOLF COURSE REZONING Back Creek Magisterial District Frederick County, Virginia TM 52-((A))-256 aggregate area of 58.08± acre portion of 425.90± acre parcel May 25, 2006 Revised October 6, 2006 Current Owner: Stuart A Perry, Inc. Dennis W. Perry, President Contact Person: Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 File #4745 Impact Statement/EAW Greenway Engineering May 25, 2006 Rock Harbor Golf Course Rezoning Revised October 6, 2006 ROCK HARBOR GOLF COURSE REZONING INTRODUCTION This report has been prepared for the purpose of assessing the impact on Fredrick County by the proffered rezoning of a 58.08± -acre portion of a 425.90± -acre subject property owned by Stuart M. Perry, Inc., and identified as Tax Map Parcel 52-((A))-256. The subject site is located on the south side of Round Hill Road (Route 803) and on the east side of Woodchuck Lane (Route 654), and is adjacent to Section Three and Section Seven of the Roscommon Subdivision and the existing Rock Harbor Golf Course. The Applicant proposes to rezone the 58.08± -acre portion of the 425.90± -acre subject property from EM, Extractive Manufacturing District to RA, Rural Areas District to allow for the expansion of the existing Rock Harbor Golf Course. Basic information Location: Fronting on the south side of Round Hill Road (Route 803) and on the east side of Woodchuck Lane (Route 654), adjacent to Section Three and Section Seven of the Roscommon Subdivision and the existing Rock Harbor Golf Course. Magisterial District: Property ID Numbers: Current Zoning: Current Use: Proposed Use: Proposed Zoning: Total rezoning area: Proposed build -out Back Creek 52-((A))-256 EM, Extractive Manufacturing District Stuart M. Perry, Inc. Quarry Expansion of the existing Rock Harbor Golf Course RA, Rural Areas District 58.08± -acres 18 -hole golf course expansion for Rock Harbor File #4745 Impact Statement/EAW 2 Greenway Engineering May 25, 2006 Rock Harbor Golf Course Rezoning Revised October 6, 2006 COMPREHENSIVE PLAN Urban Development Area The 58.08± -acre portion of the 425.90± -acre subject property is currently located outside of the Urban Development Area (UDA); however, expansion of the UDA to accommodate the rezoning of this portion of the subject property is not necessary for this application. Sewer and Water Service Area The 58.08± -acre portion of the 425.90± -acre subject property is currently located approximately 1,500 linear feet west of the Sewer and Water Service Area (SWSA); however, expansion of the SWSA to accommodate the rezoning of this portion of the subject property is not necessary for this application. SUITABILITY OF THE SITE Access The 58.08± -acre portion of the 425.90± -acre subject property is located on the south side of Round Hill Road (Route 803) and on the east side of Woodchuck Lane (Route 654), and is adjacent to Section Three and Section Seven of the Roscommon Subdivision and the existing Rock Harbor Golf Course. Access to the Rock Harbor Golf Course is accommodated off of Merriman's Lane (Route 621) through a commercial entrance that was approved by the Virginia Department of Transportation (VDOT). The location of this commercial entrance was identified by VDOT to allow for access to the Rock Harbor Golf Course without impacting the location of the future Route 37 southbound off -ramp. This existing commercial entrance will be utilized as access for the Rock Harbor Golf Course expansion. Flood Plains The 58.08± -acre portion of the 425.90± -acre subject property contains a small portion of floodplain area in the northern most corner of the property by Round Hill Road (Route 803) as demonstrated on FEMA NFIP Map #510063-0115-13 and on the Frederick County GIS Database that is estimated to be approximately 9,000 square feet in area. It is not anticipated that the expansion of the Rock Harbor Golf Course will impact this small area of floodplain; however, it should be noted that the Frederick County Zoning Ordinance allows for public and private recreational uses, such as golf courses to be developed within floodplain areas. File #4745 Impact Statement/EAW 3 Greenway Engineering Wetlands May 25, 2006 Rock Harbor Golf Course Rezoning Revised October 6, 2006 The 58.08± -acre portion of the 425.90± -acre subject property does not contain wetland areas as demonstrated on the National Wetlands Inventory (NWI) Map information from the Frederick County GIS Database. Soil Types The 58.08± -acre portion of the 425.90± -acre subject property contains four soil types as demonstrated by the Soil Survey of Frederick County, Virginia (page 29 & 35) and the Frederick County GIS Database. The following soil types are present on site: 14C Frederick-Poplimento Loams 7-15% slope 14D Frederick-Poplimento Loams 15-25% slope 16C Frederick-Poplimento Loams, very rocky 7-15% slope 16D Frederick-Poplimento Loams, very rocky 15-25% slope 17C Frederick-Poplimento Loams, rock outcrop complex 2-15% slope 17E Frederick-Poplimento Loams, rock outcrop complex 15-45% slope 40B Timberville Silt Loams 2-7% slope Table 5 on page 123 of the Soil Survey of Frederick County, Virginia identifies the Timberville Silt Loam 2-7% slope as prime farmland soils. The soils types are consistent with the soil types found on the existing Rock Harbor Golf Course; therefore, these soil types are suitable for the expansion of the Rock Harbor Golf Course facility. Other Environmental Features The 58.08± -acre portion of the 425.90± -acre subject property does not contain areas of steep slope, lakes or ponds or natural stormwater retention areas as defined by the Frederick County Zoning Ordinance. There are no environmental features present that create development constraints on the portion of the subject site that is planned for the expansion of the Rock Harbor Golf Course. SURROUNDING PROPERTIES Adjoining property zoning and present use: North: B-3, Industrial Transition District RA, Rural Areas District South: RA, Rural Areas District East: RA, Rural Areas District Use: VDOT Headquarters Residential and Unimproved Use: Roscommon Subdivision & Agricultural Use: Rock Harbor Golf Course & Roscommon Subdivision File #4745 Impact Statement/EAW 4 Greenway Engineering May 25, 2006 Revised October 6, 2006 West: RP, Residential Performance District Use: RA, Rural Areas District TRANSPORTATION Rock Harbor Golf Course Rezoning Residential Residential; Unimproved & Agricultural The Rock Harbor Golf Course expansion calls for the development of an additional 18 -hole golf course that will utilize the 58.08± -acre portion of the 425.90± -acre subject property that is proposed to be rezoned. All vehicle trips that utilize the Rock Harbor Golf Course will access the site at a single commercial entrance located on Merriman's Lane (Route 621) that was approved by the Virginia Department of Transportation (VDOT). The location of this commercial entrance was identified by VDOT to allow for access to the Rock Harbor Golf Course without impacting the location of the future Route 37 southbound off -ramp. The Applicant's proffer statement provides for a dedication of right-of-way sufficient to accommodate a southbound off ramp for Route 37 without impacting the existing commercial entrance. A recent traffic impact analysis statement prepared for the Willow Run community dated April 18, 2006 identifies the average daily traffic volumes (ADT) along the segment of Merriman's Lane (Route 621) between Route 37 and Cedar Creek Grade (Route 622) at 2,800 ADT. Traffic generation data obtained from the Rock Harbor Golf Course indicates that there is an average daily golfer count of 115-120 golfers per day, while the highest golfer count ever recorded was 208 golfers in one day for a tournament. Additionally, the Rock Harbor Golf Course has 12 full-time employees. The frequency of vehicle trips that utilize the commercial entrance at the Rock Harbor Golf Course are dispersed throughout the day due to scheduled tee -times and do not generally fall within the morning and afternoon peak traffic times. Additionally, the 115-120 average golfer per day count does not equate to the same number of vehicle trips due to ride sharing. Assuming that the expansion of the Rock Harbor Golf Course doubles the average golfer per day count and that all golfers drive single occupancy vehicles, it would be anticipated that there would be 240 ADT associated with this rezoning. The full-time employee traffic generation would increase this volume to 288 ADT assuming that each employee left the site once a day during the course of the workday. The 288 ADT represents a potential worst-case scenario increase of 10% in the existing traffic volume along Merriman's Lane (Route 621) and at the existing commercial entrance. The 288 ADT associated with the expansion of the Rock Harbor Golf Course will not create a negative impact to the transportation network and the Applicant's proffered right-of-way dedication for the southbound off -ramp for Route 37 will assist with future transportation improvements within this geographic area of the County. File #4745 Impact Statement/EAW 5 Greenway Engineering May 25, 2006 Rock Harbor Golf Course Rezoning Revised October 6, 2006 SEWAGE CONVEYANCE AND TREATMENT The sewage disposal system requirements for the Rock Harbor Golf Course are determined by, and approved by the Frederick County Health Department. The existing sewage disposal system consists of an existing gravity drainfield with a capacity of 600 gallons per day that is supplemented by a low-pressure distribution drainfield with a capacity of approximately 1,200 gallons per day. Information prepared for the existing Rock Harbor Golf Course projected a design flow demand of 1,000 gallons per day for patrons, 200 gallons per day for employees and 580 gallons per day for food service. The existing gravity drainfield and low- pressure distribution drainfield were permitted by the Virginia Department of Health and have been installed per plan and are functioning appropriately. The proposed expansion of the Rock Harbor Golf Course to develop an additional 18 golf holes and to expand the existing clubhouse facility will warrant an evaluation of the existing sewage disposal system to determine if the increase in patronage and food service will require an expansion of this system. Adequate area exists around the current sewage disposal systems to accommodate an expansion of this system if required by the Frederick County Health Department. WATER SUPPLY The water supply demands for the Rock Harbor Golf Course are determined by, and approved by the Frederick County Health Department. A private well has been established for the Rock Harbor Golf Course to provide for the water service needs of the clubhouse facility and restroom facilities. Water is pumped from the Stuart M. Perry quarry for the purpose of irrigation of the existing 18 -hole golf course facility. The proposed expansion of the Rock Harbor Golf Course to develop an additional 18 golf holes and to expand the existing clubhouse facility will warrant an evaluation of the existing private well system to determine if the increase in patronage and food service will require an expansion of this system. Adequate water supply exists at the Stuart M. Perry quarry for the purpose of irrigation of the existing and proposed golf course facility. SITE DRAINAGE The Rock Harbor Golf Course expansion calls for the development of an additional 18 -hole golf course that will utilize the 58.08± -acre portion of the 425.90± -acre subject property that is proposed to be rezoned. Drainage from the 58.08± -acre area primarily flows to the south and east towards the Roscommon Subdivision and the existing Rock Harbor Golf Course. The existing Rock Harbor Golf Course was designed and graded to capture storm water through a series of man-made retention ponds that direct drainage to a drainage channel along the northern property line. The development of the 58.08± -acre area to create additional golf holes will be accomplished in a similar fashion. It is envisioned that additional man-made retention ponds will be created to capture storm water to ensure that there are no adverse drainage impacts to adjoining properties. Additionally, the expansion of the Rock Harbor Golf Course will create minimal impervious area associated with golf cart File #4745 Impact Statement[EAW 6 Greenway Engineering May 25, 2006 Rock Harbor Golf Course Rezoning Revised October 6, 2006 paths; therefore, the vast majority of this acreage will remain as green space. The subsequent site plan will demonstrate that post -development drainage conditions are equal to or less than pre -development drainage conditions. SOLID WASTE DISPOSAL The impact on solid waste disposal facilities can be projected from an average annual commercial consumption of 5.4 cubic yards per 1,000 square feet of structural area (Civil Engineering Reference Manual, 4`l' edition). The following figures show the increase in average annual volume based on a 24,000 square -feet clubhouse facility that may ultimately be developed as part of the Rock Harbor Golf Course expansion: AAV = 5.4 cu. yd. per 1,000 sq. ft. commercial AAV = 5.4 cu. yd. x 24 (1,000 sq. ft.) AAV = 129.6 cu. yd. at build -out, or 90.7 tons/yr at build -out The Municipal Solid Waste area of the Regional Landfill has a current remaining capacity of 13,100,000 cubic yards of air space. The projected expansion of the Rock Harbor Golf Course clubhouse will generate approximately 90 tons of solid waste annually on average. This represents a 0.04% increase in the annual solid waste received by the Municipal Solid Waste area of the Regional Landfill, which currently averages 200,000 tons per year. Solid waste produced by the Rock Harbor Golf Course will be routed to the Regional Landfill by a commercial waste hauler; therefore, the County will receive tipping fees associated with this land use to mitigate this impact. The Regional Landfill has adequate capacity to accommodate the solid waste impacts associated with this proposal. HISTORICAL SITES AND STRUCTURES The 58.08± -acre portion of the 425.90± -acre subject property proposed for rezoning does not contain any site area or structures that are deemed to be potentially significant, nor is this acreage a component of core battlefield area designated by the National Park Service and the Shenandoah Valley Battlefield Foundation. The Frederick County Rural Landmarks Survey identifies three sites within close proximity of this acreage that are identified as potentially significant. These sites include Stoney Acres, the Clark Cather House (#34-88) near the existing Rock Harbor Golf Course commercial entrance; as well as Walnut Grove, the John S -Lucien Lupton House (#34-98) and Linden, the Lupton -Woods House (#34-346) located near the portion of the property proposed for rezoning. The expansion of the Rock Harbor Golf Course will not negatively impact the potentially significant historic structures and the development of the golf course will allow for these structures to be viewed by the public without encroaching on private property. File #4745 Impact Statement/EAW 7 Greenway Engineering May 25, 2006 Rock Harbor Golf Course Rezoning- Revised ezoningRevised October 6, 2006 1. OTHER IMPACTS The rezoning of the 58.08± -acre portion of the 42590± -acre subject property and ultimate expansion of the Rock Harbor Golf Course is not anticipated to negatively impact County services. The Applicant has historically supported the County Volunteer Fire and Rescue Services and has included a monetary contribution of $5,000.00 that is to be directed to the Round Hill Volunteer Fire and Rescue Company as a component of the proffer statement for this rezoning application. No impacts to County capital facilities are anticipated by the expansion of the Rock Harbor Golf Course. File #4745 Impact Statement/EAW McDonald Rd \ Pa d �I16f �e r a 0 q- Legend Portion of Subject Parcel to be Rezoned (Approximate) Zoning B2 (Business, General District) B3 (Business, Industrial Transition District) - EM (Extractive Manufacturing District) - MS (Medical Support District) RA (Rural Areas District) RP (Residential Performance District) Map Data Source: Frederick County, Va. GIS Department, 2006 Data LOCATION and ZONING MAP 0 o_- c T, o / 1} "Al hill //f�, a , �\ we/mart pr -J W I\J/ UJ V Z c I whm� v Z e _ ar� W c' M ar °h n a /.Or,,- / ' l� il i gym'? % Amherst St ( � W _a _ W L. W ether �cc �% SISI V "-w3 Kathy Cit v \� ` G � aoe / / • � � Su w m r� 1 W C0 IZ Existing l Q Rock Harbor c J D Golf Course / 1 ¢`rQ� Buckner Dr --- Q `DV (1 Z LL U JZ dr B , O 0 70 ` \ AmtSteatlS ei So/ O Z M 1 `t tlo 11 air. Z Z 0 ` \ 3 O =N W Q Y \ O, & \�ne p J '97 \lAr yq�e CC a , Qtie �e 4m / c ' XC � X9psse w G0F J / 4V 0`J Pia ^�O O Z 0 o \ 1 u ge 0 m fYYY /� Z U � ff \ \\ P^ m y X000 Z Q Z pal X\37 as^d°�P w -J I o otl Chef_ r l (n Z Q >LU �n mN W C.� =) W LL 0 9 Hillman Dr' Z o Jf \y 0 Z Y o �� _L Car ` p YUom'� eu o Creek Gr �' W 'n O U w c �; l Feet Q o o U o co 1,500 750 0 1,500 3,000 0 Q c o it _ it /-_ -- _ ftAve O m N UJ f W J Cedar Creek Gr _� l ter' i 3 �aa`p y.' -gym ti Q a o l f S -_j r �,, 1 a ENVIRONMENTAL NMENTAL FEATURES MAP w Z aner i h ,t c o, CLU LU \ o r yos J 5 I QOa,. Marryprr + rRq r1, _ r ' - ♦ t / j - /!/ - erst 1I L. , �\.`Q i , _i/ _ .✓ // . `�, `l�� /fir. is ---i E - - - �'` --- _ m - --- Amherst St -- - Amh- --------- W c i - T.„ ;! J// '✓: 0'i ,t `,\'` {��'i i ! / t 1. / /fit - r /,r 8 ,, / _` \. -, \ '- _ `/ _ \:: 1 ; �' -.� �t.e'_ _.ar�A " _. / /... \� ,1 ✓ .�'I �-r "_-- r S.ae �f � W o o Stonewall D/ �`_ \'e5W qya v • . ..`',_ r < e..e'..r. !�/ .-' .; \ ,' i`j! .0 / ' � � '-� ` _�� � �� . Kathy 1-1 ; o ¢ \ 0 to / \77 i � f/ / ' \ �+✓� ;' ✓ -✓,O } L / ,:, / i G � l ` me o w" l y f.. s y / \ W CO ,. LU C { , 1 m , t 'c .t 37 1- -sem Exlsting j i LL U H Rock Harbor ;r ' 1 _ Y J Q � r Golf Course _ y Q LU LL� l � ". ! aY/aid 7✓`� .i ..�� Q Z 7 i �\ ¢• m Z L L T / CC /l Q LU O sr ` Tom_ �/ / �':�'7 � A' \'\✓/ / T\ Cc 0 LLI Lu A ,y \ 1 Cl) U o ✓" �`, — 'V w k l< _ c � x Q z \\ w wowo \� Legend I j Q w N Subject Parcel w , \, O � Sub Portion of Subject Parcel to be Rezoned (Approximate) CJ -J "' Lakes an Ponds � L d Po d zLL O z CJ 0 w Y U oFloodplain ol o, i_ Feet Wetlands O U Q o ` f \ w w / — Streams U cy 800 400 0 800 1,600 Y w Q 0- �c5 5 Ft. Contours U o CAr . T --O w s r4./ / k Map Data Source: Frederick County, Va. GIS Department, 2006 Data; Wetlands and Floodplain, 2005 Data 36 17E City of Winchester i 37 No Soils Data Displayed - a - ' ®tntton PI- f - e�� IV v n _ Boat furor s,P S Gaff Cours,,Te , v 6C j _ o 14D t 17E c d \t t •��. - > ." `\ . � b .,, - �. is ..?d i � .': t - -. ' r ALR .,, o y ,. ,r= .,• .. -::` h',< a �A m,- ., a;i IgRR ; Y v m \ Z m• - - _ r 1 1�/C " � Z ; Legend Q Subject Parcel W h \ ® Portion of Subject Parcel to be Rezoned (Approximate) CW d f SOIIS Cr 14C, FREDERICK LOAMS, 7 TO 15 PERCENT SLOPES a ff^, 14D14D, FRED ERICK-POPLIMENTO LOAMS, 15 TO 25 PERCENT SLOPES ct y �cr - _ -. — �.a� ✓ �a 16C, FRED ERI CK-POPLIMENTO LOAMS, VERY ROCKY, 7 TO 15 PERCENT SLOPES +r a L i 16D, FREDERICK POPLIMENTO LOAMS, VERY ROCKY, 15 TO 25 PERCENT SLOPES Q U, o, e -'J CC 17C, FREDERICK-POPLIMENTO-ROCK OUTCROP COMPLEX, 2 TO 15 PERCcNT SLOPES Q 17E, FREDERICK POPLIMENTO-ROCK OUTCROP COMPLEX, 15 TO 45 PERCENT SLOPES j W Ate• � Q Feet = ; 36, PITS, QUARRIES, AND DUMPS — F vl!°:� 1 40B, TIMBERVILLE SILT LOAM, 2 TO 7 PERCENT SLOPES U r - 1,000 500 0 1,000 2 000 - e w m r.: h i 1 3 � 777 °- ..., v a";.�° fi. dt . . w:..4 R,�x`Sa r, .� .,, -_ �_ ♦ .✓ .... - - _ e ,.��--_ __�..�m-_ _ - - s , , Map Data Source: Frederick County, Va. GIS Department, 2006 Data a_ CJ O W U m 0 Q z U) Z U) 0 (7 W _J Q > m W Z ::) W Q m Q Z W c) � M U O � W Er = N W W ms LO U W ami Q LL o co o N LijW U) / /;\ McDonald Rd /; { an44i/ w • � o�°fin 4t o- K\e ...\yam HISTORIC FEATURES MAP Oa \ ( 0 O \. Le end Subject Parcel ® Portion of Subject Parcel to be Rezoned (Approximate) Landmarks 34-11 34-1098 Retirement 34-1239 Brown, Stuart House \ �f 34-1243 Bageant, June House 34-1245 Tokes'Inn 34-1250 Belleville 34-1312 Miller Farm 34-1380 Miller Farm Log House 34-1462 Round Hill School 34-32 Richards House 34-330 Round Hill Presbyterian Church 34-346 Linden 34-85 Aspen Shade 34-88 Stoney Acres 34-94 Hodgson, Abner House 34-98 Walnut Grove Civil War Battlefields First Kernstown \ First Winchester Second Kernstown Second Winchester 77 r` 34-1250 \� 245 34-• Map Data Source: Frederick County, Va. GIS Department, 2006 Data v, 34=85 1 r+ � krai L r° 34-94 ;A 51) °� � '~ 51) ! \ Mar L -Rd-,Q ,—\\ \ --- acL O — t 98_5"° ;7 E� l I\ H 34-346 ' (Amherst St- Z Kathy _ .Fm \OiA y tl v G a wn Cw Existing \�/ \ Q_ Rock Harbor / i �� < Goff Course / Q� 1u4ner Or O n'ia9 - d LL U wm 71 het0�� � � a+C' la wo} r J Cc \ / \ir 1,01 , 4 0 N7C. -f ��� W LL QFt a/dor? L c) LU \ \ ✓ r\Oy �. ..i O O ° 4- j �\ , . S \ d = W f °r \ s \ \ O P / e m r 00 'rod Q Ir Q Lu Z \ \ �\ rn \\hp� x Q w i s• \ 37 \ ( ado\P W (� ❑ o O f+ W cc �\,1 mor . Chelsea Dr ! (n C!i Q Lo \34-1312 ( \ \ H a` WO j w v \�' \ 34-1380 / J ,de , \ \ f _ \ \ rj _ \ U Q Cn j w LL LLJ J LL (D 0 LL ami /J \ Hillman Dry 0 U Y Z Q a�co O Cedatr Y ED LO r (r 0 C k Gr` W Er N C; `l \� Feet — °C = W CD CY / � \ \ f I! 2 Y W� v \ \ U LL 0 c 1 ' 1,500 750 0 1,500 3,000 m r - -- - ff Ave Cedar Creek Gr ", 0 3 sa`e/ `�I 1 J a �� ~ Q co �--� ,1,� U 11 1 ( 34=1239: a _ -r, - ❑ Z ME \OiA UJ LU Yie tie e Z W c n O^e, Zh o W W46G y tl v G a wn Cw Existing \�/ \ Q_ Rock Harbor / i �� < Goff Course / Q� 1u4ner Or O n'ia9 - d LL U wm 71 het0�� � � a+C' la wo} r J Cc \ / \ir 1,01 , 4 0 N7C. -f ��� W LL QFt a/dor? L c) LU \ \ ✓ r\Oy �. ..i O O ° 4- j �\ , . S \ d = W f °r \ s \ \ O P / e m r 00 'rod Q Ir Q Lu Z \ \ �\ rn \\hp� x Q w i s• \ 37 \ ( ado\P W (� ❑ o O f+ W cc �\,1 mor . Chelsea Dr ! (n C!i Q Lo \34-1312 ( \ \ H a` WO j w v \�' \ 34-1380 / J ,de , \ \ f _ \ \ rj _ \ U Q Cn j w LL LLJ J LL (D 0 LL ami /J \ Hillman Dry 0 U Y Z Q a�co O Cedatr Y ED LO r (r 0 C k Gr` W Er N C; `l \� Feet — °C = W CD CY / � \ \ f I! 2 Y W� v \ \ U LL 0 c 1 ' 1,500 750 0 1,500 3,000 m r - -- - ff Ave Cedar Creek Gr ", 0 3 sa`e/ `�I 1 J a �� ~ Q co �--� ,1,� U 11 1 ( 34=1239: a _ -r, - ❑ REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff. Exp Fee Amount Paid Zoning Amendment Number Date Receive ' -1C 6, PC Hearing Date BOS Hearing Date % e, 6 The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. 2. 3. Applicant: Name: Greenway Engineering Address: 151 Windy Hill Lane Property Owner (if different from above) Name: Stuart M. Perry, Inc. Telephone: f540) 662-4185 Telephone: (540) 662-3431 Address: 117 Limestone Lane Winchester, VA 22602 Contact person if other than above Name: Evan Wyatt, AICP Telephone: (540) 662-4185 4. 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 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: Stuart M Perry Inc Dennis W. Perry, President 6. A) Current Use of the Property: B) Proposed Use of the Property: 7. Adjoining Property: Limestone Quarry Golf Course Expansion Please refer to attached Rezoning Adjoining Property Owners Map Exhibit and Property Owner Information List 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): The subject Property fronts on the south side of Round Hill Road (Route 803) and on the east side of Woodchuck Lane (Route 654) adjacent to Section Three and Section Seven of the Roscommon Subdivision and the existing Rock Harbor Golf Course. 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 Identification/Location: Parcel Identification Number 52-((A))-256 Magisterial: Fire Service: Rescue Service: 10. 11. Back Creek Round Hill VFR Round Hill VFR Districts High School: Middle School: Elementary School James Wood James Wood Orchard View Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 58.08± acre portion of 425.90± parcel EM District RA District F8.08± acres Total Acreage to be rezoned The following information should be provided according to the type of rezoning proposed: Single Family homes: Non -Residential Lots: Office: Retail: Restaurant: Number of Units Proposed Townhome: Mobile Home: Square Footage of Proposed Uses Service Station: Manufacturing: Warehouse: Other Multi -Family Hotel Rooms: Golf Course Expansion 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change_ the zoning map of Frederick County, Virginia. 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): G Date: 0 11140 C L i Owner (s): L✓ Gr,� Date: -ADJOINING INING PROPERTY OWNERS MAP / LU REZONING JO XZ i Di f \ \i�` j m LVy° i f� a yU _ yOSa\ita�Rry y 0W Roup •. 45 � ` , : ^' - '-- - - - - - -_ ��- .y_ -- � m I/ t� L a / � -_--�! A tSt� —~ - v ethers Z . �� m -- Amherst St � ' � �-� r , it I ) ` � ' / LU � �; ' a _ J \� f ./ ,/I�`���`,�, �I i�Ull�!/ � � � � . 1" I _ ~ LU a 26LU rnCP (� 3 25 10 22! 2 24 \j j `• - '7 F20 ' �� ;�'Please See Inset Below T` F 23 18 j1/ W 2 Cn 16 l., , J� ''�� ` , 0, I—_� 37 / Z Q 14L \O� —2i _ 117 Existing Dutton Pt- \/ (� Z Un ` Rock Harbor J - --- 1 LL 0 LU 12 �/ 15 Golf Course + Q\ J � 0 LU Z Q ".,. �.. Legend �e11 - 1 o ZH Subject Parcel �C ; `.. — cr Portion of Subject Parcel to be Rezoned (Approximate) ?� r r Q O Z W N O a t - J Adjoining Parcels = W N 12C W 746 \ ` X 42 48 291 c 2 ; 31 f ! j v ,. \ i 50 w a° \ - — ! 32 6 i 43 I j4 - --- I - f ' o 38Zil O r a U m - t o 1 1 aQ Round Hill Rd !I W W C3 w -_ -7777777 7--1 _ - — J lr Y 6 I 281 14 /' / \l/ j i 33 J �' _ ��� — - j�tt j 47 49 51 U Q LL wLO m : V! / '� —i 45 Oz0� z "- �� fr EO 5j' I ) // 27 30 35 , �� ! 141 -- /.� a W v o r - a w v it � � ONOwIr [�9Z Ir w tr U '6 a75 z_ w _ Q a Feet %\o®FQ ` �,P� 136 i Y O Q w o / \ `) 5 r ' 40 1.. U Q in o T 1,000 500 0 1,000 2,000 / �` `� - ` ° Lli Q k ° U) 0 Map Data Source: Frederick County, Va. GIS Department, 2006 Data Rezoning - Adjoining Property Owners Number Property ID # 1 53 A 88 Name 1 PERRY, STUART M INC Name 2 Address 117 LIMESTONE LN City -State WINCHESTER, VA ZiD Code 22602 2 52 A 313A R & T PACKING CORPORATON C/O FIRST BANK TRUST DIVISION 1835 VALLEY AVE WINCHESTER, VA 22601 3 52 A 310 GLAIZE, FRED L III & ANN W PO BOX 888 WINCHESTER, VA 22604 4 52 203 19 PERRY, STUART M INC 117 LIMESTONE LN WINCHESTER, VA 22602 5 52 203 18 PERRY, DENNIS W 435 WOODCHUCK LN WINCHESTER, VA 22602 6 52 A 305 CLOVERDALE FARMS, INC. 263 FOX MEADOW LN WINCHESTER, VA 22602 7 52 A 260 CLARK, STEPHEN L ETALS 622 WOODCHUCK LN WINCHESTER, VA 22602 8 52 A 259 KELCHNER, DAVID S & LORETTA L 561 WOODCHUCK LN WINCHESTER, VA 22602 9 52 172 13 ALEXANDER, MICHAEL SCOTT 600 WOODCHUCK LN WINCHESTER, VA 22602 10 52 172 12 BENNETT, PATSY ANN 492 WOODCHUCK LN WINCHESTER, VA. 22602 11 52 172 11 SEIDEL, ERIC K JR & LINDA M LUNDIN- SEIDEL 40 ROSEWOOD DR BARBOURSVILLE, 22923 12 52 172 10 LASHBAUGH, GEORGE R JR & LINDA J 454 WOODCHUCK LN WINCHESTER, VA 22602 13 52 172 9 SARGENT, LOIS MARIE 430 WOODCHUCK LN WINCHESTER, VA. 22602 14 52 172 8 LOY, ROBERT L JR & MICHELLE D 404 WOODCHUCK LN WINCHESTER, VA 22602 15 52 172 7 MILLER, GREGORY G. & MARSHA R. 388 WOODCHUCK LN WINCHESTER, VA. 22602 16 52 172 6B CROCKER, CAROL A 374 WOODCHUCK LN WINCHESTER, VA 22602 17 52 172 6A LINK, WILLARD Z JR & ROBIN L 364 WOODCHUCK LN WINCHESTER, VA. 22602 18 52 172 5B SINGHAS, MILLARD N. 352 WOODCHUCK LN WINCHESTER, VA 22602 19 52 172 5A CATHER, TYREE SCOTT 1221 HOLLOW RD GORE, VA 22637 20 52 161 4 NEWLIN, RICHARD A. 328 WOODCHUCK LN WINCHESTER, VA 22602 21 52 161 3 RILEY, ANTHONY P 314 WOODCHUCK LN WINCHESTER, VA 22602 22 52 161 2 WELSH, STEVIE L. & CATHERINE V. 304 WOODCHUCK LN WINCHESTER, VA. 22602 23 52 161 1 WELSH, FRED R 290 WOODCHUCK LN WINCHESTER, VA 22602 24 52 A 262A MCFARLAND'S MILL INC 587 ROUND HILL RD WINCHESTER, VA 22602 25 52 A 267 MCFARLAND, MADGE B & ROBERT M TRUSTEES 587 ROUND HILL RD WINCHESTER, VA. 22602 26 52 A 265 MCFARLAND, ROBERT M. 587 ROUND HILL RD WINCHESTER, VA. 22602 27 52 A 264 AMICK, ROBERT EUGENE JR 551 ROUND HILL RD WINCHESTER, VA 22602 28 52 A 213 WILKINS, JAMES G JR 240 MOUNT WILLIAMS LN WINCHESTER, VA 22602 29 52 A 214 WILKINS, JAMES G JR 240 MOUNT WILLIAMS LN WINCHESTER, VA 22602 30 52 A 215 PENNINGTON, DENNIS K 492 ROUND HILL RD WINCHESTER, VA 22602 31 52 A 228 NELSON, MARY C. & RICHARD C. 488 ROUND HILL RD WINCHESTER, VA. 22602 32 52 A 231 KERNS, EDWARD L 484 ROUND HILL RD WINCHESTER, VA 22602 33 52 A 232 EDMISTON, JOSEPH W & LAURA L 1295 HOLLOW RD GORE, VA 22637 34 52 A 233 ROE, GENEVIEVE 464 ROUND HILL RD WINCHESTER, VA 22602 35 52 A 234 LAFOLLETTE, RICKIE D 1170 AIRPORT RD WINCHESTER, VA. 22602 36 52 A 235 LAFOLLETTE, RICKIE D 1170 AIRPORT RD WINCHESTER, VA. 22602 37 52 A 236 LAFOLLETTE, RICKIE D 1170 AIRPORT RD WINCHESTER, VA. 22602 38 52 A 248 RHINEHARDT, BURLEY SCOTT & DEBRA A 440 ROUND HILL RD WINCHESTER, VA. 22602 38 52 A 249 RHINEHARDT, BURLEY SCOTT RHINEHARDT, DEBRA A 440 ROUND HILL RD WINCHESTER, VA. 22602 39 52 A 237 PERRY, STUART M INC 117 LIMESTONE LN WINCHESTER, VA 22602 40 52 A 238 PERRY, STUART M INC 117 LIMESTONE LN WINCHESTER, VA 22602 41 52 A 239 PERRY, STUART M INC 117 LIMESTONE LN WINCHESTER, VA 22602 42 52 A 246 HENRY, BARBARA ELAINE ETALS 422 ROUND HILL RD WINCHESTER, VA 22602 43 52 A 245 FISHEL, DONALD E & JACKIE R 117 MUSE DR WINCHESTER, VA 22603 44 52 A 240 PERRY, STUART M INC 117 LIMESTONE LN WINCHESTER, VA 22602 45 52 A 241 PERRY, STUART M INC 117 LIMESTONE LN WINCHESTER, VA 22602 46 52 A 244 KATTAS, RONALD L & POWER, BRANDON J 13365 HORSEPEN WOODS LN OAK HILL, VA 20171 47 52 A 243 STEVENS, JOHN V & PAMELA M P 324 ROUND HILL RD WINCHESTER, VA 22603 48 52 A 242A STEVENS, JOHN V & PAMELA M P 324 ROUND HILL RD WINCHESTER, VA 22602 49 52 A 242 STEVENS, JOHN V. & PAMELA M.P. 324 ROUND HILL RD WINCHESTER, VA 22602 50 52 A 71B BISHOP, GREGORY A & STACIE L 108 STONEWALL DR WINCHESTER, VA 22602 51 52 A 71A COMMONWEALTH OF VIRGINIA P O BOX 2249 STAUNTON, VA 24402 Rezoning-AdjacentPropertyOwners.xls 10/19/2006 t7 z GC LU W Z is z LLI N b m mm� zLLI �. � Q� 0 i �gg1; A� W � Co U V X L6 LLI OQ�R E CL cc W _Z W N to LLI 0 c ix I BAIL xn 2m I I IT17 Yl BN 911 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Planning office, County of Frederick, Virginia, 107 Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) Stuart M. Perry, Inc., Dennis W. Perry, President (Phone) (540) 662-3431 (Address) 117 Limestone Lane Winchester, VA 22602 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. Deed Book 531 on Page 164,_ and is described as Parcel: 52 Lot: 256 Block: A Section: Subdivision: do hereby make, constitute and appoint: (Name) Greenway Engineering (Phone) (540) 662-4185 (Address) 151 Windy Hill Lane Winchester, VA 22602 To act as my true and lawful attorney-in-fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning application for my (our) above described Property, including: Rezoning (Including proffers) ❑ Conditional Use Permits ❑ Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan ❑ Comprehensive Policy Plan Amendment My attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I ( have ereto setEa hand and seal this �(oY day of �k . , 200 Signature(s) ,,' L ,( � A-fird State of Virginia, Cit County ftYdQ-wit: t [ a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who Sig,"to the foregoing instrument and who I (are) known to me, personally appeared before me and has acktto 'ledged the sa bef me in the ' * diction aforesaid this _� day of U-4, 200 U I 6. � My Commission Expires: Myy%K Notary Public i Printed •On of 06 By GREENWAY ENGINEERING INC O i U, 2 1 l� SITE s VIQm MR t SCAIE: t 2000' :J rrAr- JL r: r� :r r� r .l � r r. r •�•,• �.•.L J7•� gy m, r. r r� r FSG[L3/�� l • f — — aTr�wtr a�acci meA &7W kr (BATF) AF' SIUART IL PERRY, /VOTARY Y COWSSW � STATE pFjr , — j NOTARY PUBUC TRGAwE�vT :�s oNCEvc�n aExz awl �t�ci� �� >�' G' ( Ml er s� n r BEHALF AF R AND T PAW—" CA4PA4A Y G1LNl,{NS,SJGIV Edi 7 . > 1MATItJY ,bHlrp, Inl crR l hBY GiRNY J)MT VE L4W 0WSUR W)w Bou+I7�r LKB EAE6 71E LARD CQVIEO m STLWIL PERRY, W- [PW 5�3-A-m] or [ISD M u /J APS 'X4ADU/S7ID By= M 1fD rJ gP7f1ASiR AAV A PCyPT1pY OF ME LArID CAVit7FD 10 R AAV T PAA�Q4C A�9°pR WV (AN A-,TIJA j BY Dal)Q� IED M IM 14 AfCE1W til CAVStWID BY MW DW 7M lr*& MM SAD OfEDIS H VE Ct a Lr' I}E am OF VE MIT CA6WT Qr FRMUaW COUM W7" N DaD BbX W AT PAG' 1412 DaV B= 073 AT PAGE 138,E BW XW 370 AT PAG' 48g AAV AS /PS1AAW 66OX5961 , REMMaY. O 5186-6u BOUNDARY UNE AD.VSTAlENT BEINEEN THE LANDS OF SMART M. PERRY INC. & R AND T PACKING CORPORA 110N BACK ChW(MAaSnWAL LVSTRICT MMMM MAWW42 A SHEET 1 OF 3 r.A MARSH & LEGGE Land Surveyors, P.L.C. 680 NORM LJUDOUN MREE't' WWCHIlM= VMW1A 22801 PHONE (640) 887-0468 FAX (540) 687-0469 � WES�N RAILROAD _ I Esq SWAB AI PfWY, ISM O PW 53-A-88 215101AMS (aeGIVAt ARfAf P3�tVj AZ ZO'►fla RA USE Of COURT Q 52—A-256 I' SIUART U PERRY, INC. DB 260 PG 4 ZONED EAI USE OUARRY 0 52—A-3130 J,4AIES & OXERn DUMONT INST./ 030720594 ZONED RA i� USE. VACANT Q 52—A-313 SIUART AI. PERRY, ANG 08 913 PG 1412 ZONED. RA USE (aO[f COURSE ® 52—A-3136 "ES h CHERYL DUAIONT DB 877 PG 1703 ZONED RA USE. RESMI RAL 0 Ix PROPUTY ME ilfRfBY HAND 2 J PROPERTY LITE AMY aREA>Fn 0 .40 R ASD T PAOW aMIR DIEM L i FW 52-A-31JA SAINT 117.6726 AMS (oRmAL AREA) ANDRE4 (128504 A GOURT © 52—A-311 ® 51—A—X08 ' (W= A" LOT 57 ! RICHARD & SUSAN CREASY RICHARD & SUSAN CREASY ', ZONED. RA DB 521 PG 82 D9 521 PG 82 f USE AGY?ICUL MAL ZOVED RA ZONED R4 f is USE RESIDENAAL USE R£5101 BAL 1 ® 52—A -311C ® 52—A -311A j THOMAS A. SCHULTT_ J?. HAROLD EUGENE COMSTOCK �. OB 469 PG 329 DB 407 PG 402 ZONED RA ZONED.' RA I; USE RESIOUNTIAL USE RFSMNIIAL S 591 ;I LOT 56 52 -A -311B52 -13-A KEY �� P HAROLD EUGENE CODS RE +' 10QK fidED L, di d• ANN W. G7AlZE 08 420 PG 456 DIB 321 PG 403 ZONED RA ZONED.- RA �! USE VACANT USE RESIDENTIAL I ! LOT 22 it ( ( ROSb' UOV i, SM)ON Ad REE o' soo' isoo' 2400' ' ___ROBINSON ROAD LOT 18 i, GRAPHIC SCE 1AL=800' ' SER WN AIS BOUNDARY UNE AD.VSTiNENT It TH of I, BETUffN THE LANDS OF I S7Z1ART la PERRY INC. &, ,� , i, R AND T PACKING CORPORA TION age BAor QRax mAGaCSTzxw rine No. 0 197. 'I naMMcx C"rX, NRaVA I AURGY 4 20019 i! ID 5486—BOAkD sURV�� ii SiM2OF31 Df l -IM A --,RS yJ /`� Pj 580 NOrm IDUDOtm STREW G , VWC`W,,R. V1E; MU 22801 IL '`I Lane. Surveyors, P. L. C. PHONE (�) 8P-°0468 591 ;I LOT 56 52 -A -311B52 -13-A KEY �� P HAROLD EUGENE CODS RE +' 10QK fidED L, di d• ANN W. G7AlZE 08 420 PG 456 DIB 321 PG 403 ZONED RA ZONED.- RA �! USE VACANT USE RESIDENTIAL I ! LOT 22 it ( ( ROSb' UOV i, SM)ON Ad REE o' soo' isoo' 2400' ' ___ROBINSON ROAD LOT 18 i, GRAPHIC SCE 1AL=800' ' SER WN AIS BOUNDARY UNE AD.VSTiNENT It TH of I, BETUffN THE LANDS OF I S7Z1ART la PERRY INC. &, ,� , i, R AND T PACKING CORPORA TION age BAor QRax mAGaCSTzxw rine No. 0 197. 'I naMMcx C"rX, NRaVA I AURGY 4 20019 i! ID 5486—BOAkD sURV�� ii SiM2OF31 Df l -IM A --,RS yJ /`� Pj 580 NOrm IDUDOtm STREW G , VWC`W,,R. V1E; MU 22801 IL '`I Lane. Surveyors, P. L. C. PHONE (�) 8P-°0468 ' OrinJ,lnnnF nF �. r_occAn.rn. I I� 100' BRL SIUlRT U PERRY, INC PIN 534 -Rd 21,4101 ACRES (ORIMAL AREA) 23902J AM (AUSIED A" MM RA USE W COURSE U ARiAIM LAZE --- fA74E8Y YAGTID i - -A--- S z 08M A00 PROPOTY Lig- HOUY CREATED RIND T PING oWovimGN PIN 52-A-3134 117.6726 AMES (MOINAL AREA) 1128501 App (MAW AIS MO.- RA USE ACR/ AURAL NOIES I. NO 777LE R9WT fURNWED. 2 PRCP&TY M7RCA70V N0, 5J -A-88 AND 52-A-J1JA, J EA-UEN7S MAY Ea7ST THAT ARE NOT S ioW AV 71#s PLAT. 4r2?T E !OrBRL 0' 200' 400' 600' GRAPHIC SCALE.• 1'=2oo' 50' BRL BOUNDARY UNE ADws7A/ENT TH OFD �! BETi'*2W TN£ LANDS OF SUART M. PERRY, /A(C & R Ai10 T PXICKINO CORPORA 71"O �g SAO( 04EEX MAGISTBU& DISMOr ° o. . � 8ge +± FREWDW �,hy7, NROM ` N 001 97 ' 0 54%-M,�D ' SIM 3 OF S. DIF I: MARSH T 8c I-JEGGE 580 Nom ZA)FJDOUN STRUT l MIUM 'M VIR(3DU 22601 Land Surveyors, P. �,. Co PHONE t'a4*o) 687-0468 TAX (640) 687-0469 VIWIMA'MEDERICK COUNTY, SCR IiA ilWftffWftl Of writing was produced to me os Fit themo anncwd Wik Ailihawd 10 ftww; T Impmed by Sec. 58.1-802 of - 21 W 1 -4 40 1 Rev* b m paid, if asswu. b le Ckvk • C • Ic CONDITIONAL USE PERMIT #10-06 ROCK HARBOR GOLF COURSE w Staff Report for the Planning Commission Prepared: November 1, 2006 Staff Contact: Mark R. Cheran, Zoning Administrator 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: 11/15/06 Pending Board of Supervisors: 12/13/06 Pending LOCATION: The properties are located as follows: Property Identification Number 52-A-256 fronts on the south side of Round Hill Road (Route 803) and on the east side of Woodchuck Lane (Route 654) adjacent to Section Three and Section Seven of the Roscommon Subdivision and the existing Rock Harbor Golf Course; Property Identification Number 52-A-313 fronts on the north side of Merriman's Lane (Route 62 1) at the northwest quadrant of the Route 37 bridge crossing; Property Identification Number 52 -A -313A fronts on both sides of Lacosta Court in the Roscommon Subdivision, Section Seven; Property Identification Number 53-A-88 is located on the west side of Route 37, adjoining and accessed through tax map parcel 52-A-313. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 52-A-256, 52-A-313, 52 -A -313A, 53-A-88 PROPERTY ZONING & PRESENT USE: Parcels 52-A-313, 52 -A -313A, 53-A-88 Parcel 52-A-256 (Rezoning of 58.08 acres to RA pending) (REZ #15-06) ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) B3 (Industrial Transition) South: RA (Rural Areas) East: RP (Residential Performance) West: EM (Extractive Manufacturing) (pending REZ #15-06) Zoned: RA (Rural Areas) Land Use: Golf Course/Vacant Zoned: EM (Extractive Manufacturing) Land Use: Quarry Land Use: Camp Ground/Residential Land Use: VDOT Facility Land Use: Residential Land Use: Residential Land Use: Quarry CUP #10-06, Rock Harbor Golf Course November 1, 2006 Page 2 PROPOSED USES: Expansion of an approved commercial outdoor recreation use (golf course) with accessory clubhouse and food service for the general public REVIEW EVALUATIONS: Virginia Dept. of Transportation: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 621, the VDOT facility which would provide access to the property. Prior to operation of the business, a commercial entrance must be constructed to our standards to allow for safe egress and ingress of the property. Any work performed on the State's right-of-way must be covered under a land use permit. The permit is issued by this office and required an inspection fee and surety bond coverage. Fire Marshal: No additional impacts on fire and rescue noted. Plan approval recommended. Round Hill Fire & Rescue Company: No comments. Public Works: We do not have any comments regarding the conditional use request. Winchester -Frederick County Health Department: Health Department has no objection to conditional use. Historic Resources Advisory Board: The Frederick County Historic Resources Advisory Board (HRAB) considered this rezoning proposal during their meeting of July 18, 2006. The HRAB reviewed information associated with the Frederick County Rural Landmarks Survey Report, the Virginia Department of Historic Resources, as well as information provided by the applicant. The HRAB felt that the proffers associated with historic preservation and recognition were adequate and did not request any changes to the proposed rezoning. Winchester Regional Airport: While the site does lie within the airspace operations of the Winchester Regional Airport, it is outside of the close in part 77 surfaces and should not impact airport operations. Planning & Zoning: This Conditional Use Permit is dependent on the rezoning (REZ #15-06) of 58.08 acres of parcel 52-A-256 from the EM District to the RA District. The CUP will only apply to the RA zoned portion of that parcel. The current 18 -hole golf course with pro shop and snack bar is operating up -der Conditional Use Permit (CUP) # 27-99; approved by the Board of Supervisors on January 12, 2000. This proposed CUP is to expand the golf course by 18 -holes, and expand the existing clubhouse to a maximum of 24,000 square feet. This clubhouse expansion will include a pro shop, food service, and storage. Additionally, buildings to support this golf course expansion will include maintenance structures, CUP # 10-06, Rock Harbor Golf Course November 1, 2006 Page 3 mid -stations, and golf cart storage buildings. An engineered site plan will be required for this proposed expansion to address all review agency comments and requirements of Frederick County Zoning Ordinance. The site plan shall address the right -of way and dedication of land for the off ramp of the future interchange at Rt. 37 and Rt. 621 (proffered with REZ # 15-06). Staff would recommend limiting signage on this property to one (1) entrance sign, in keeping with the rural character of this, area and to eliminate the potential for excessive signage along Rt. 37. Staff would note that this property is currently located outside the Sewer Water Service Area (SWSA) and is not within the boundaries of any small area land use plans. This proposed expansion would have a minimal impact on the surrounding land uses, and would be in keeping with the character of the area. The property is serviced by private on-site sewage systems and has no potable well water; potable bottled water is used by customers and employees. Staff would recommend any future expansion of this commercial outdoor recreation use be served by public water and sewer to better address future expansion plans and heath system issues. STAFF CONCLUSIONS FOR THE 11/15/06 PLANNING COMMISSION MEETING: Approval of this Conditional Use Permit is dependent on the rezoning of 58.08 acres of parcel 52-A- 256 to the RA Zoning District. This CUP will only apply to the RA zoned portion of parcel 52-A- 256. Should the Planning Commission find this use appropriate, Staff would recommend the following conditions: 1. All review agency comments shall be followed at all times. 2. An engineered site plan shall be approved by Frederick County prior to starting any expansion of this use. 3. No more than one (1) sign on this property. This sign shall be located at the entrance. 4. Any future expansion of this use beyond 36 holes, a 24,000 square foot clubhouse and associated maintenance and storage facilities and mid -stations shall require a new Conditional Use Permit. 5. Approval of CUP 410-06 will null and void the existing CUP #27-99. Following the requisite public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. 552 ERA L ALAK56E ` 7zqa s9cH'gpO 206.61 ac. J5 `- c �• a \� j l FRUIT HILL ORCHARD 73.34 ac. �O \\\ t bu 014, X ii tiJ AN `KNVLJ jl�l —` tr ',�0,��5{� , l ;01. 52 AN AK2 135.87 ac61 `d T ..✓� Zf �.I/tom F� Y� PERRY fly'RgS �r f >:53 A 88 239.92 ac. l /ter. • fti > �,� rlr�Y�,^ /.ni ���.1,r � �y� %;i SA 160 Sout Ag d Fo Frede strict f 1378 ..�, i ��. ;// •Cr`'�F ��� ., 2 A 30D r CLOVERDALE FARMS 52 A 305 433.01 ac. is ♦/ \/ �. i ester, V N, LP 1,10 1. y Location in Surrounding Area Ert`y 1 "is t/ F' CUP #'10-06 Application Rock Harbor Golf Course Parcel ID: Location in the County 52 - A - 256,52 - A - 313 52 - A - 313A, 53 - A - 88 Application Long Range Land Use Lakes/Ponds Rural Coremunity Center -nr- Streams Residential (�_D Flooplain Business Streets i� Industrial Primary O ' Institutional - Secondary Recreation Tertiary 0`yr Historic .. - Winchester City ® Mixed -Use Future Rt37 Bypass ® Planned Unit Development '-X_ Railroads Agricultural & Forestral Districts ® Property Lines 4W South Frederick District O City / Town Bounday Double Church District Urban Development Area G> Red Bud l.. SWSA y Location in Surrounding Area Ert`y 1 "is t/ F' SILVER LAKE vl q o'pC 52 A 50 qy 69 !'qyO 206.61 as. a o O I 'rzoni \\ v Q ° FRUIT HILL ORCHARD ''l 73.34 ac. zoning li Ou �h. ll R• �\ € _ �[ ,> r Ic FRANKLIN rp i n1 52 A 261 135.87 ac. f. X� PERRY ''{.n }'yam •\� J F'ERgY 53A 88' t `fv S] A 2.50. 239.92 ac. 1 - zoning f ri yWin_2hesterr, V y1 Sac South Freoenc 4g & Forestral Drstrb DTS 52 .4 300 9�'�"'r9. 37 ?05:47 ac Jv¢ P a 9 MILLER 8 SMITH AT WILLOW RUN {. 53 A 92A 145.84 ac. v1 � �4s`ti � h �•� .r \, CLOVERDALE FARMS 52 A 305 •t 433.01 ac. 06i i / O!J i' � 7 kVP OQERt\is Location in Surrounding Area �tcK . coL 0 300 600 1,200 INEW`-'—moi Feet lJta.r-1 Application mock Harbor ` Golf Course Parcel ID: Location in the County 52 - A - 256, 52 - A - 313 52 - A - 313A, 53 - A - 88 Applcafion Zoning LakeslPonds B1 (Busness Neighborhood District) w.• Streams B2 (Business, General District) t::DFlooplan 83 (Business, mdust6al Tramnti,h District) Streets ' EM (Extractive Manufacturing District)4'k�,-p Pdmary 410 HE(Hgher Education District) Secondary 44M M1 (Industribl, Light District) Tertiary M2 (industrial, General District) `. Winchester City JM MHt (Mobile Home Community District) 4�%,, Future Rt37 Bypass 40 MS (Medical Support District) 'w Ralroad, '. R4(Residental Planned Communty District) CDProperty Lines 4W R5 (Res den6ai Recreaeonai Community District) O City/Town Bounday RA (Rural Areas District) F Urban Development Area RP (Residential Performance District) Agricultural & Forestral Districts ii So th Frederick District Do ble Church Red Bud Location in Surrounding Area �tcK . coL 0 300 600 1,200 INEW`-'—moi Feet lJta.r-1 Submittal Deadline 11o � Q P/C Meeting 1l b6 BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 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: Stuart M. Perm Inc., Dennis W. Perry, President The property is located at: (please give exact directions and include the route number of the road or street) Tax Map Parcel 52-((A))-256: Fronting on the south side of Round Hill Road (Route 803) and on the east side of Woodchuck Lane (Route 654), adjacent to Section Three and Section Seven of the Roscommon Subdivision and the existing Rock Harbor Golf Course. Tax Map Parcel 52-((A))-313: Fronting on the north side of Merriman's Lane (Route 621) at the northwest quadrant of the Route 37 bridge crossing. Tax Map Parcel 52 -((A)) -313A: Fronting on both sides of Lacosta Court in the Roscommon Subdivision — Section Seven. Tax Map Parcel 53-((A))-88: Located on the west side of Route 37, adjoining and accessed through tax map parcel 52-((A))-313. 4. The property has a road frontage of feet and a depth of feet and consists of acres. (Please note information below) Tax Map Parcel 52-((A))-256: The property has a road frontage of 2 670' (Route 803) and 2,940' (Route 654) feet and a depth of 6,500' feet and consists of 425.89 acres. Tax Map Parcel 52-((A))-313: The property has a road frontage of 720' (Route 621 & Route 37) feet and a depth of 1470' feet and consists of 19.51 acres. Tax Map Parcel 52 -((A)) -313A (Northwest side of Lacosta Court): The property has a road frontage of 100' (Lacosta Court) feet and a depth of 3,200' feet and consists of 48.67 acres. Tax Map Parcel 52 -((A)) -313A (Northeast side of Lacosta Court): The property has a road frontage of 335' (Lacosta Court) feet and a depth of 850' feet and consists of 9.10 acres. Tax Map Parcel 53-((A))-88: The property has a road frontage of 3.330' (Route 37) feet and a depth of 5,600 feet and consists of 239.92 acres. 5. The property is owned by as evidenced by deed from (previous owner) recorded in deed book no. on page as recorded in the records of the clerk of the Circuit Court, County of Frederick. (Please note information below) Tax Map Parcel 52-((A))-256: The property is owned by Stuart M. Perry, Inc. as evidenced by deed from (incorporated by five deeds — please refer to attached deeds) recorded in deed book no. 531 on page 163, as recorded in the records of the clerk of the Circuit Court, County of Frederick. Tax Map Parcel 52-((A))-313: The property is owned by Stuart M. Perry, Inc. as evidenced by deed from F & M Bank- Winchester recorded in deed book no. 933 on page 1412, as recorded in the records of the clerk of the Circuit Court, County of Frederick. Tax Map Parcel 52 -((A)) -313A: The property is owned by Stuart M. Perry, Inc. as evidenced by deed from R and T Packing Corporation recorded as Instrument No. 060009849 on page 0406, as recorded in the records of the clerk of the Circuit Court, County of Frederick. Tax Map Parcel 53-((A))-88: The property is owned by Stuart M. Pegy, Inc. as evidenced by deed from F & M Bank— Winchester recorded in deed book no. 933 on page 1412, as recorded in the records of the clerk of the Circuit Court, County of Frederick. 6. 14 -Digit Property Identification No: 52-((A))-256; 52-((A))-313; 52 -((A)) -313A & 53-((A))-88 Magisterial District: Back Creek Current Zoning: RA, Rural Areas District (Note: -A 58.08= -acre portion of tax map parcel 52- ((A))-256 will be rezoned prior to approval of the Conditional Use Permit (CUP) and the CUP will only be applicable to this portion of the 425.90±-acrearp cel) 7. Adjoining Property: USE ZONING North Residential; Candy Hill RA District Campground; Unimproved VDOT Headquarters B3 District East Residential RP District Residential; Unimproved RA District South Residential; Unimproved RA District West Residential RP District Residential; Unimproved; RA District Agricultural 8. -,--The- type of use proposed is (consult with the Planning Dept. before completing) Commercial outdoor recreation with accessory clubhouse and food service for the eneralup blic 9. It is proposed that the following buildings will be constructed: Expansion of the existing clubhouse facility to a maximum of 24,000 square feet for uses to include the clubhouse pro shop, food service and storage. Additionally, buildings for support of the 36 -hole golf course such as maintenance structures, mid -stations and golf cart storage buildings 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: Please refer to the attached CUP — Adjoining Property Owners Map and Address List 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. Please refer to the attached Exhibit Showing Rock Harbor Golf Course — Stuart M. Perry, Inc., prepared by Marsh & Legge Land Surveyors, P.L.C., dated January 6, 2006. This exhibit provides an aerial view of the subject properties depicting the existing Rock Harbor Golf Course and clubhouse facility and the general layout of the proposed 18 -hole golf course expansion. The expansion of the clubhouse facility is intended to occur within the area of the existing facility and will be further identified on the required site development plan for this project. 12. Additional comments, if any: A 58.08± -acre portion of tax map parcel 52-((A))-256 will be rezoned prior to approval of the Conditional Use Permit (CUP) and the CUP will only be applicable to this portion of the 425.90± -acre parcel, as well as tax map parcels 52-((A))-313, 52 -((A)) -313A and 53-((A))-88. The Applicant's Rezoning Proffer Statement provides for a right-of-way dedication to the Virginia Department of Transportation as depicted on the Exhibit Showing A Portion of the Land of Stuart M. Perry, Inc., to be Dedicated for Future Route 37 & Route 621 Interchange, prepared by Marsh & Legge Land Surveyors, P.L.C., dated May 9, 2006; as well as for a Boundary Line Adjustment Plat to incorporate the rezoned portion of tax map parcel 52- ((A))-256 into tax map parcel 53-((A))-88. The Applicant would be amenable to having these matters accepted as conditions for the Conditional Use Permit Application if desired by the County. 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 Signature of Owner Owner's Mailing Address Owner's Telephone No. 117 Limestone Lane Winchester, VA 22602 (540) 662-3431 TO BE COMPLETED BY THE ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: Map Data Source: Frederick County, Va. GIS Department, 2006 Data CUP Adjoining Property Owners CUP-AdjacentPropertyOwners.xls 10/19/2006 Number Propertv ID # 1 53 A 88 Name 1 PERRY, STUART M INC Name 2 Address 117 LIMESTONE LN Cit -State WINCHESTER, VA Zio Code 22602 2 52 A 313A R & T PACKING CORPORATON C/O FIRST BANK TRUST DIVISION 1835 VALLEY AVE WINCHESTER, VA 22601 3 52 A 310 GLAIZE, FRED L III & ANN W PO BOX 888 WINCHESTER, VA 22604 4 52 203 19 PERRY, STUART M INC 117 LIMESTONE LN WINCHESTER, VA 22602 5 52 203 18 PERRY, DENNIS W 435 WOODCHUCK LN WINCHESTER, VA 22602 6 52 A 305 CLOVERDALE FARMS, INC. 263 FOX MEADOW LN WINCHESTER, VA 22602 7 52 A 260 CLARK, STEPHEN L ETALS 622 WOODCHUCK LN WINCHESTER, VA 22602 8 52 A 259 KELCHNER, DAVID S & LORETTA L 561 WOODCHUCK LN WINCHESTER, VA 22602 9 52 172 13 ALEXANDER, MICHAEL SCOTT 600 WOODCHUCK LN WINCHESTER, VA 22602 10 52 172 12 BENNETT, PATSY ANN 492 WOODCHUCK LN WINCHESTER, VA. 22602 11 52 172 11 SEIDEL, ERIC K JR & LINDA M LUNDIN- SEIDEL 40 ROSEWOOD DR BARBOURSVILLE, 22923 12 52 172 10 LASHBAUGH, GEORGE R JR & LINDA J 454 WOODCHUCK LN WINCHESTER, VA 22602 13 52 172 9 SARGENT, LOIS MARIE 430 WOODCHUCK LN WINCHESTER, VA. 22602 14 52 172 8 LOY, ROBERT L JR & MICHELLE D 404 WOODCHUCK LN WINCHESTER, VA 22602 15 52 172 7 MILLER, GREGORY G. & MARSHA R. 388 WOODCHUCK LN WINCHESTER, VA. 22602 16 52 172 6B CROCKER, CAROL A 374 WOODCHUCK LN WINCHESTER, VA 22602 17 52 172 6A LINK, WILLARD Z JR & ROBIN L 364 WOODCHUCK LN WINCHESTER, VA. 22602 18 52 172 5B SINGHAS, MILLARD N. 352 WOODCHUCK LN WINCHESTER, VA 22602 19 52 172 5A CAT—HER, TYREE SCOTT 1221 HOLLOW RD GORE, VA 22637 20 52 161 4 NEWLIN, RICHARD A. 328 WOODCHUCK LN WINCHESTER, VA 22602 21 52 161 3 RILEY, ANTHONY P 314 WOODCHUCK LN WINCHESTER, VA 22602 22 52 161 2 WELSH, STEVIE L. & CATHERINE V. 304 WOODCHUCK LN WINCHESTER, VA. 22602 23 52 161 1 WELSH, FRED R 290 WOODCHUCK LN WINCHESTER, VA 22602 24 52 A 262A MCFARLAND'S MILL INC 587 ROUND HILL RD WINCHESTER, VA 22602 25 52 A 267 MCFARLAND, MADGE B & ROBERT M TRUSTEES 587 ROUND HILL RD WINCHESTER, VA. 22602 26 52 A 265 MCFARLAND, ROBERT M. 587 ROUND HILL RD WINCHESTER, VA. 22602 27 52 A 264 AMICK, ROBERT EUGENE JR 551 ROUND HILL RD WINCHESTER, VA 22602 28 52 A 213 WILKINS, JAMES G JR 240 MOUNT WILLIAMS LN WINCHESTER, VA 22602 29 52 A 214 WILKINS, JAMES G JR 240 MOUNT WILLIAMS LN WINCHESTER, VA 22602 30 52 A 215 PENNINGTON, DENNIS K 492 ROUND HILL RD WINCHESTER, VA 22602 31 52 A 228 NELSON, MARY C. & RICHARD C. 488 ROUND HILL RD WINCHESTER, VA. 22602 32 52 A 231 KERNS, EDWARD L 484 ROUND HILL RD WINCHESTER, VA 22602 33 52 A 232 EDMISTON, JOSEPH W & LAURA L 1295 HOLLOW RD GORE, VA 22637 34 52 A 233 ROE, GENEVIEVE 464 ROUND HILL RD WINCHESTER, VA 22602 35 52 A 234 LAFOLLETTE, RICKIE D 1170 AIRPORT RD WINCHESTER, VA. 22602 36 52 A 235 LAFOLLETTE, RICKIE D 1170 AIRPORT RD WINCHESTER, VA. 22602 37 52 A 236 LAFOLLETTE, RICKIE D 1170 AIRPORT RD WINCHESTER, VA. 22602 38 52 A 248 RHINEHARDT, BURLEY SCOTT & DEBRA A 440 ROUND HILL RD WINCHESTER, VA. 22602 38 52 A 249 RHINEHARDT, BURLEY SCOTT RHINEHARDT, DEBRA A 440 ROUND HILL RD WINCHESTER, VA. 22602 39 52 A 237 PERRY, STUART M INC 117 LIMESTONE LN WINCHESTER, VA 22602 40 52 A 238 PERRY, STUART M INC 117 LIMESTONE LN WINCHESTER, VA 22602 41 52 A 239 PERRY, STUART M INC 117 LIMESTONE LN WINCHESTER, VA 22602 42 52 A 246 HENRY, BARBARA ELAINE ETALS 422 ROUND HILL RD WINCHESTER, VA 22602 43 52 A 245 FISHEL, DONALD E & JACKIE R 117 MUSE DR WINCHESTER, VA 22603 44 52 A 240 PERRY, STUART M INC 117 LIMESTONE LN WINCHESTER, VA 22602 45 52 A 241 PERRY, STUART M INC 117 LIMESTONE LN WINCHESTER, VA 22602 46 52 A 244 KATTAS, RONALD L & POWER, BRANDON J 13365 HORSEPEN WOODS LN OAK HILL, VA 20171 47 52 A 243 STEVENS, JOHN V & PAMELA M P 324 ROUND HILL RD WINCHESTER, VA 22603 48 52 A 242A STEVENS, JOHN V & PAMELA M P 324 ROUND HILL RD WINCHESTER, VA 22602 49 52 A 242 STEVENS, JOHN V. & PAMELA M.P. 324 ROUND HILL RD WINCHESTER, VA 22602 50 52 A 71B BISHOP, GREGORY A & STACIE L 108 STONEWALL DR WINCHESTER, VA 22602 51 52 A 71A COMMONWEALTH OF VIRGINIA P O BOX 2249 STAUNTON, VA 24402 52 52 A 254B PERRY, STUART M INC 117 LIMESTONE LN WINCHESTER, VA 22602 53 52 A 254 BISHOP, GREGORY A 219 ROUND HILL RD WINCHESTER, VA 22602 54 53 A 86 O'DONNELL, TRUDY POE 200 WARD AVE WINCHESTER, VA 22602 55 53 A 86A LITTMAN PROPERTIES, LLC C/O C ARTHUR LITTMAN, MEMBER 165 WARD AVE WINCHESTER, VA 22602 56 53C 2 16B GLAIZE, GEORGE W JR & CAROLYN G G 104 DUTTON PL WINCHESTER, VA 22601 57 53G 1 2 20A MERRIMANS CHASE HOMEOWNERS ASSOC INC P O BOX 3276 WINCHESTER, VA 22604 58 53 A 92A MILLER & SMITH AT WILLOW RUN, LLC 8401 GREENSBORO DR STE 300 MCLEAN, VA 22102 59 53 3 A WILLOW GROVE, LC 1720 S BRADDOCK ST WINCHESTER, VA 22601 60 152 A 313 PERRY, STUART M INC 1117 LIMESTONE LN IWINCHESTER, VA 22602 CUP-AdjacentPropertyOwners.xls 10/19/2006 • C • CONDITIONAL USE PERMIT #09-06 tics ��U ww4 JOYCE MYERS ®? Staff Report for the Planning Commission W Prepared: November 1, 2006 P I]3P( Staff Contact: Kevin T. Henry, Planning Technician 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: 11/15/06 Pending Board of Supervisors: 12/13/06 Pending LOCATION: This subject property is located at 625 Town Run Lane (Route 1012). MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER: 85-A-137 PROPERTY ZONING & PRESENT USE: ADJOINING PROPERTY ZONING & USE: North: RP (Residential Performance) South: RA (Rural Areas) East: RA (Rural Areas) Vest: RA (Rural Areas) PROPOSED USE: Kennel REVIEW EVALUATIONS: Zoned: RA (Rural Areas) Land Use: Residential Land Use: Vacant Land Use: Vacant Land Use: Residential Land Use: Agricultural Virginia Dept. of Transportation: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 1012, 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 commercial standards. Fire Marshal: Plan approval recommended. Inspections Department: Kennel building shall comply with The Virginia Uniform Statewide CUP i#09-06 — Joyce Myers November 1, 2006 Page 2 Building Code and Section 304, use group B (Business) of the International Building Code. Other Code that applies is ICC/ANSI Al 17.1-03 Usable and Accessible Buildings and Facilities. Please note the requirements in IBC for special inspections under Chapter 17 for this type structure. Please submit site plan showing accessible parking and accessible entrance at the time of permit application. All required egress doors shall be accessible. Winchester -Frederick County Health Department: Health Department has no objections or comments as no increase in water use to occur. Planning & Zoning: The applicant has applied for this CUP as a result of a zoning violation of the Frederick County Zoning Ordinance. The applicant has been in violation of the Ordinance since June 9, 2006 and has shown diligence in reducing the number of dogs, as well as apply for the CUP, which is a means of possibly resolving the zoning violation. Staff has had numerous conversations and a few site visits to assist the applicant in achieving a land use that will not negatively affect neighboring properties. Dog kennels are a permitted use in RA (Rural Areas) Zoning District with an approved CUP. The proposed use will take place on a 1.04 acre tract of land located in the RA (Rural Areas) Zoning District. Staff would note that there is currently one dwelling on the property, which is being used as a residence. The kennel will contain no more than ten (10) dogs/puppies, as well as including any litters. The applicant has proposed outdoor kennels, but has given thought to an indoor facility in the future. Staff has also specified that no breeding will take place on site, helping to limit litters. Within the Frederick County Zoning Ordinance, kennels are required to maintain a Category C zoning district buffer. Section 165-41B of the Frederick County Zoning Ordinance requires the Category C buffer be placed along any residential uses. This buffer requirement is 100', in which, 75' is inactive (strictly landscaped area) and 25' active. The buffer would need to maintain 3 trees per 10 linear feet and a six (6) foot tall opaque fence would also have to be placed along the above specified boundaries. Currently the boundaries in question that would need this buffer would be the northern and eastern boundaries. A minor site plan will be required to ensure that all the conditions and other agency requirements are adhered to. As with any kennel, noise from this type of business negatively impacting adjoining property owners is a concern. The 2003 Frederick County Comprehensive Policy Plan ascertains that certain types of business uses may be located at rural locations if adverse impacts on surrounding uses can be avoided (p.6-60). Adjoining the property to the north is a higher density residential subdivision zoned RP (Residential Performance) that places this kennel in doubt. The four (4) proposed dwellings that adjoin the applicant's property will be within 200' of the dog cages. CUP #09-06 — Joyce Myers November 1, 2006 Page 3 Barking generated from the dogs in the kennel could create a nuisance for these adjoining owners within the RP (Residential Performance) subdivision. In accordance with Section 48-23 of the Frederick County Code; It shall be unlawful, after written notice by the Sheriff to the owner, custodian, or person in control or possession of a dog, for such person to suffer or allow such dog to yelp, whine or otherwise make unreasonably loud noises as are plainly audible to adjoining residents or property owners in a residential subdivision so as to unreasonably annoy, disturb, bother, or vex such residents or property owners. Recognizing this code provision, it is foreseeable that this kennel may conflict with the adjacent residential development. Attached are images of existing site conditions. STAFF CONCLUSIONS FOR THE 11/15/06 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. The kennel shall strictly be limited to no more than ten (10) dogs/cats, regardless of animal age. 3. This permit is for a kennel (non -boarding) only. 4. No breeding of the animals shall take place on this property. 5. The kennel will adhere to a Category C buffer as specified in the Frederick County Zoning Ordinance. 6. A minor site plan will be required within six (6) months of approval of this permit. 7. Any violation of Section 48-23 of the Frederick County Code may be cause for revocation of this permit. 8. Inspection of the facilities by the Animal Control Officer shall be required to determine if the housing for the dogs is adequate and appropriate. 9. All requirements of the Frederick County Code and the Code of Virginia pertaining to dog kennels shall be complied with at all times. 10. Any expansion or change of use shall require a new CUP. Following the requisite public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. s5 A 59 ESTEP, MARY VIFzCANIP, STtC-rLEY 95 A 60 RAMEY- WILLIAM LARRY £r ELIZA136TH %5 A 'o RAMEY, WILLIAM L fil ELIZA TH N F %- ES N S (xUPRo- SPA 95 A 134 SEE, RRY L f, 6ELINDA G �eeu==non Raad Centerlines �1. rran. 85 P 135 TRz. THAvvEus 5 26 A 138 ARZADIA DEVELDPMENT GD SO 2e s Hw 55 A 131D RAMEY, WILLIAM L CUP #09-05 Joyce Myers Location Map (77-A-51) 0 100 200 400 Feet w� �7 85 A 5q E5TEP. MARY VIRGINIA 5WJG LEY 26 A (po RAMEY, WILLIAM LARRY fr ELIZAV MA 26 A io RAM EY, WILLIAM L Ecl 6LIZATt{ N � A UUP �Pt1 85 A 134 SEE, SfPPY L �, F6ELINDA G � P 135 5�2. 'iNPDDEUS 5 S 85 A 1w ARG)kDIA DEVELOPMENT GO S� O�He i Rs�s HI 85 A 137D PAMEY, WILLIAM L CUP # 09 - 0*6 Joyce Myers Zoning Map (77-A-51 ) o too zoo aoa Feet M.— .. � M�(Iaaa�aaLBeaem�D�n�l> L^�BB1 (Business, NegM1borhootl DislrcQ �MH1 (Mobile Home Cammunily D@Vico B2 (Bosneu, enera s net) � MS (Medical Suppoa Dislriq) B3 (Basin n uslnal Tmnsmon DisWcQ e� R! (ltesidenVal, Plannetl cammuniry Dislnct) ��EIN (FitrzNrvelManufaclunnB Dislncq RS(ResitlenlialftecrealiunaI Community-lncry �F. HE (HipFer Eaucallan Disln4) RA(I2umlNreas Disirrcq Mi Qnauslnal, LgM 061ad) RP (Resiaenlial Pertom�ance DrslnclJ S 85 A 1w ARG)kDIA DEVELOPMENT GO S� O�He i Rs�s HI 85 A 137D PAMEY, WILLIAM L CUP # 09 - 0*6 Joyce Myers Zoning Map (77-A-51 ) o too zoo aoa Feet 85 A 54 , ARGADIA DEVELOPMENT GD ESTEP, MARY VIRGINIA STIGKLEY 85 A foo RAMEY, WILLIAM LARRY �, ELIZABETH S5 A 10 RAMEY, WILLIAM L E GLIZA TH N e P vo N-11UUPP•V-P VA4 STI., ogm..v 85 A 134 SEE, RRY L � SELINDA G L aura ommuniry eemer � � aerrea'tmn es�aeniial �� Wstonc �S 4/HN �4 �q p s. v' A 135 tP-�Z• THPODEUS S5 A 1371) RAMEY, WILLIAM L CUP 09 - 06 Joyce Myers Landuse Map (77-A-51 ) 0 100 200 400 Feet F-NMF:,Y 4*, T IJ .�4 I A Fr, � AMGILAM H V, W(LL �v CIAN. WO r1w 16 J 41 ji. Pai% CUP # 09 - 06 Joyce Myers Aerial Map (77-A-51 0100200 400 Feet 7-- s5 A tis hF FL IA NAW—OPM6NT CD Dou4t5 >,uarb Ag S I�Lnrosfr-al 01,3foot fly A 0i I nT Submittal Deadline P/C Meeting rr� BOS Meeting r f APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Apple (The applicant if the V owner other) �i ; �I'L/!F�'�l / w ADDRESS.* 2. Please list all owners, occupants, or parties in interest of the property: 3. The prope`fty is located at: (please give exact directions and include the route number of your road or street) -W',6 %`061,[/�UN L�ft �T,k�,QL47(CI� F"t- tem P.Ass tees 7,t--,As/�iJc. eye G 0�cPA;".C-, -1" — a. f.A, ve Ate, 4 r -- ao a �- - �my n ♦3�iv /yI tG tz` Cd+'+ -4 5� 7� �z! �f�v G �vE -'r-�ec�rcE,ev X %lq',v s' Sao f�f DAF' f4/.P.GR7c P![ .P.�l/l1 _{�f 8f t-ow,v � J4. The property has a road frontage of /a7, y/ feet and a depth of 316-,-7g feet and consists of / e�! acres. (Please be exact) T— J5. i'A e property is owned by Jouce, E.M e 5 as evidenced by deed from F. a o recorded Iv%sfirumen+-+t (previous owner) in GIQ4ad book. no. 02poi2gig on page "16 , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. \)&. Tax(Parcel)Identification (I.D.)No. �j�— — 132 Magisterial District 0oea�on Current Zoning Adjoining ProperUSE ZONING No h-PMXS u�G Nortli AOA131w ffAWS i be//rJ ©Pij'tS.v % Ease sou ll/ M A6'2(ca1 tLa4r- West /g�',Q)A"c &AF- 8. The type of use proposed is (consult with the Planning Dept. before completing) -ff/ - Ami _�P SBI(F G'Ovd��ovAG �'� 9. It is proposed that the following uiidivfts will be constructed • 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property where the -requested use--willbe—conducted. (Continue on back if necessary.) These people will be notified by mail of this application: NAME PROPERTY ID# NAME w V 1 L 2Q PROPERTY IDI NAME SES' r -q L� ° - f' PROPERTY IDI ADDRESS 56I 1QGUn 46'Un ADDRESS 134 PCL I PI-61Alr ADDRESS 'L LkJ) .�r- NAME J�� L..G�l�Ydf ADDRESS `1' PROPERTY ID NAME PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# ADDRESS ADDRESS ADDRESS ADDRESS 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. Zgo ` • • • • 1 ' I (we)the undersigned, do hereby respectfully make application and pe ition 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. FA ,37 TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: 769 tot A 4 � � � n t,p Htles to RHD• VT.. - S t A t2T —_ NOTES 3A Pots 1. No Title Report Furnished. A_Block Gste Posts 2. The property shown on this plat is that pvor ead ` remaining portion of a larger tract rava) BDr{va conveyed by Made N. Guard to Henry I Hartley by a deed dated July 1921 and Asphalt Road/ I T leph recorded at Deed Book Ise, Page 444 and Encroachment JunctI Box that same lot shown as Lot "A" on a plat HOUSE LOCATION ���AL7tip�;D LOT 'A" LE11101tRitehle, THE REMAINING PROPERTY OF THE Henry Hartley Estate OPEOUON DISTRICTFREDERICK COUNTY, VIRGINIASCALE:1'=40' FEBURARY 7, 1985 RITCNIE SURVEYS WINCHESTER, VIRGINIA Certified Correct To: Junior Lee Q Carolyn A. Nesselrodt _ - 1 recorded at Deed Book 493, Page 563. 3. The property shown on this plat is not in a HUD Flood Plain Area; e L0T,� 7 t j 1.04 Acresl� t ti 1 z A p � 1 p� � d rn a° cz� IIZ q of V i _ 2 Story Frans porch ° i Asbestos Open P a (� tl� m c ' Siding (\ W ^ �} m - -- o � x - I $►orT ` O O" vat 4 , ` m I C3 4— Oppn Porch m i $•2' Block WellPols -' House \. stoop — A Amy p 1 I _U9 U 2.7'- ' .9 v C 21 frame & Block FShed t Bl 4J o . Block Shed. '_ U m o m Frame reds p 2. t' p Ug0 r °° � � _ � � Vt\1X7 _ • � t J � � N � ` S 480 44' 36" M 179.67' WiIIiein L, jtamey 1 HOUSE LOCATION ���AL7tip�;D LOT 'A" LE11101tRitehle, THE REMAINING PROPERTY OF THE Henry Hartley Estate OPEOUON DISTRICTFREDERICK COUNTY, VIRGINIASCALE:1'=40' FEBURARY 7, 1985 RITCNIE SURVEYS WINCHESTER, VIRGINIA Certified Correct To: Junior Lee Q Carolyn A. Nesselrodt 020012414 Return To: Transcontinental Title Company 5516 Falmouth Street, Suite 303 Richmond, VA 23230 Deal #27-30679 ��� Q PROPERTY TAr 5-A-137 Q DEED OF GIFT This conveyance is exempt for taxes imposed pursuant to Section 58.1-811 (D) Code of Virginia, 1950, as amcnded. THIS DEED OF GIFT is made this day of 4 , 2002, by HENRY F. KENT and JOYCE E. MYERS as Grantors and JOYCE . MYERS a unmarried woman as Grantee, whose mailing address is: 625 Town Run Lane, Stephens City, VA 22655. K'I'I`NESSE'1'H That for and in consideration of Love and Affection of the Grantors and the Grantee, the Grantors does hereby grant and convey unto the Grantee with GENERAL WARRANTY and English Covenants of Title, the following described property, located in the city of Stephens City state of Virginia {the "Property"}: ALL THAT CERTAIN LOT OR PARCEL OF LAND LYING AND BEING SITUATE IN OPEQUON MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA, ERONTING ON THE EASTERN BOUNDARY LINE OF STATE ROUTE 1012 APPROXIMATELY 1 MILE SOUTH OF TIM INTERSECTION OF ROUTE 277 WITH U.S. INTERSTATE HIGHWAY 81, AND BEING MORE PARTICULARLY DESCRIBED AS LOT A, CONTAINING 1.04 ACRES ON THE PLAT AND SURVEY OF ELLIOTT RITCHIE JR C.L.S., DATED FEBRUARY 7, 1985, WHICH IS ATTACHED TO AND RECORDED WITH THE HEREINAFTER MENTIONED DEED, AND BY THIS REFERENCE HEREBY MADE A PAR HEREOF AS IF SET FORTH IN FULL. BEING THE SAME PROPERTY CONVEYED TO HENRY F. KENT AND JOYCE E. MYERS HIS WIFE RECORDED IN LAND RECORDS OF STEPHENS CITY, VIRGINIA. Commonly known as: 625 Town Run Lane, Stephens City, VA 22655. This conveyance is made subject to the easements, conditions and restrictions of record insofar as they may lawfully affect the Property. Page 1 of 2 WITNESS the following signature anc sea': HENR F. KENT COMMOAVEAL TH OF VIRGINIA County ol!C11i to wit: The fo egi�mgzeed of Gift was acknowledged before me this Play of O v� o 20 -HENRY -F. KENT. :•.r t ;i _ta> sieDiTH RlcllnRasoN Notary Pubtic Cmmmonrrealth of Vrginie 0 . S 4, *mmission Expires Feb 2B, 2003 c otary Public My Commission Expires: Z- 4-9 .,a�Z'-•,...I+0511• 4" Wf'i'NESS the following signature and seal: �L- 461- Avt,- Y-0- E. MYERS COMMONWEALTH OF VIRGINIA10 County offiE?EA•) C< to wit: The foregoing Deed of Gift was acknowledged before me this ? y'51' -day of J w- 2002.by-JOYCE E. MYERS. C. MEREDITH RICHARDSON F Notary Public r n Commonwealth of Virpinia -o 'r btytommission Expires Feb 213, 20 G =.•�� �o Public << • 11 i ` '+� My Commission Expires: 0--79-- No -29--No tiffe•s proformed on the subject property by the preparer. The prcparer of this decd makes no representation as to the status of hor property use or any zoning regulations concerning described property herein conveyed nor any matter except the validity of the form of this instrument. Information herein was provided to preparer by Grantor/Grantee and/or their agents, no boundary survey was made at the time of this conveyance. VIRGIDAA FREDERICK COUNTY, SCC •Ibis mist of wn ' was prodooed to m�e/on eA and with rtid ate of ac owledgeroent thereto annexed was dmitted record, a imposed by Sec 58.1-802 of and 58.1-801 have been paid, if assessable Prepared by Wiliam E. Curphey & Assoc., P.C. n / Lenore C. Garen 2412 Falls Place Corot ,r{�r/ Q'�^'v + C3erk Falls Churcb, VA 22043 vv Page 2 of 2 S14P E� 2aeje&ea la tile✓el`lr� ' �rrtc �o�t�cat�o�z to JOYCEEMYERS ca/wu&z--& ,,a d&eytiR, "y a,, �,�t"an �W/ THE WHITE HOUSE WASHINGTON Congratulations on receiving the President's Volunteer Service Av,,-ard from the President's Council on Service and Civic Participation. Through service to others, you demonstrate the outstanding character of America and help strengthen our country. In January 2002, I called on all Americans to dedicate at least two years - or 4,000 hours - over the course of their lives to serve others at home or abroad. I congratulate you and all Americans who have answered this call and have earned a Bronze Award from the President's Council. Americans of all ages can serve others in cotu7tless ways, such as mentoring a child, caring for an elderly neighbor, teaching someone to read, cleaning parks, and creating safer neighborhoods. My Administration encourages every American to help their communities and our country. Through the USA Freedom Corps and the President's Council, we are building a culture of service, citizenship, and responsibility in America that will last for decades to conte. Americans continue to serve and are part of the gathering momentum of mil- lions of acts of kindness and decency that are changing America, one heart and one soul at a time. Your actions are part of this change. I urge you to continue serving your neighbors and earn a Silver or Gold Award. I also hope that you will ask your friends, family, and colleagues to join you in serving your community and our Nation. May God bless you, and. may God continue to bless America. Sincerely, • C-: J CONDITIONAL USE PERMIT #11-06 Dawson & Robann Riggleman Staff Report for the Planning Commission w Prepared: October 24, 2006 Staff Contact: Eric R. Lawrence 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: 11/15/06 Pending Board of Supervisors: 12/13/06 Pending LOCATION: This subject property is located at 120 Longcroft Road. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 64-A-44 PROPERTY ZONING & PRESENT' USE: ADJOINING PROPERTY ZONING & USE: North: RP (Residential Performance) South: RP (Residential Performance) East: M-1 West: RP (Residential Performance) Zoned: RP (Residential Performance) Land Use: Residential Land Use: Residential Land Use: Residential Land Use: Light Industry Land Use: Residential PROPOSED USE: Reestablishing a Discontinued Legally Nonconforming Use (to enable horses on the property) REVIEW EVALUATIONS: Planning & Zoning: The applicants seek to enable the ability to keep horses on their 8.86 acre property. The subject property is located at 120 Longcroft Road, and is zoned RP (Residential Performance). The applicants reside on the property. Horses are not permitted in the RP Zoning District. As such, the applicants have sought to reestablish the legally nonconforming use (the agricultural rights for the property) based on historical knowledge, CUP #11-06 Dawson and Robann Riggleman October 31, 2006 Page 2 providing a notarized affidavit that the property had historically been a farm with animals. Article XX of the Zoning Ordinance addresses Nonconforming Uses. More specifically, Chapter 165-150 establishes the process by which a legally nonconforming use may be reestablished. The applicants have requested that their agricultural rights (specifically rights to maintain horses on their property) be reestablished as a legal nonconforming use. Section 165-150 of the County Code states: Any use that was legally nonconforming under the provisions of this article and that was discontinued due to abandonment may be reestablished by obtaining a conditional use permit. Such conditional use permit shall be granted only for a use that is of equal of lesser nonconformity than the original use in relation to intensity, type of use, dimensional requirements or other requirements. Such request to reestablish an abandoned use shall be considered following the procedures for conditional use permits in the chapter. Property's Zoning History The original Zoning Map for Frederick County (U.S.G.S. Quadrant) depicts the vicinity of the subject property as the R1 (Residential Limited) Zoning District. This area was reclassified as RP (Residential Performance) District on September 28, 1983 when this zoning district replaced the Rl, R2, R3, and R6 zoning districts. Horses were not permitted in either the RP or the R1 Zoning Districts. Recent Actions by the Applicant In 2000, the applicants contacted the County, spoke with various departments, and determined that horses were permitted on the property. The building official documented the proposed agricultural improvement and authorized the construction of a stable with electric service. Staff would note that no zoning approval is associated with the building official determination that an agricultural use is appropriate; the decision is based solely on building code compliance. Proceeding with the understanding that the horses were appropriate, the applicants have improved their property to accommodate their horses: stable has been built, fields have been fenced, and a riding ring is under construction. In the summer of 2006, the planning staff received a complaint regarding horses on the applicant's property. Upon inspection of the property, horses were observed, and the applicant was notified that the zoning applicable to the property prohibited the horses. In response to the violation, the applicants contacted staff and advised of the actions which led them to believe the horses were permitted. The applicant further advised that having lived in the vicinity of the property since 1959, the property has had animals on the property as evidenced by a barn and various sheds. The property has been in the immediate family since 1979. CUP #11-06 Dawson and Robann Riggleman October 31, 2006 Page 3 Proposed Uses on Property The applicants are seeking the Conditional Use Permit for a horse operation consisting of five horses or ponies that will take place on a property identified as 120 Longcroft Road. They have already established various fenced fields, constructed stables, and are in the midst of constructing a riding ring. Surrounding Land Uses Similar to other areas within the County's Urban Development Area (UDA), the properties surrounding the applicants' property have transitioned from agricultural uses to suburban residential developments. In fact, the applicant's property shares property boundary lines with the Red Fox Run and the Bufflick Heights residential subdivisions, both single family detached residential developments. The applicants' property also shares a property boundary line with an undeveloped five acre parcel zoned RP (Residential Performance), the Airport Business Center (zoned Ml), and Bufflick Creek. It is noted that the applicants have solicited and secured the support to maintain horses on their property from sixteen (16) of the adjoining property owners. The petitions are included in the CUP file for reference. Potential Impacts Recognizing the existing land uses in the vicinity of the applicants' property, efforts should be extended to minimize the impacts horses may place on the existing adjacent residences. The initial complaint in regards to the horses was based on excessive manure odor and insects (mostly flies). Therefore, it may be appropriate to establish minimum setbacks and expectations that the horses are rotated amongst the fenced areas in an effort to minimize these foreseeable impacts. STAFF CONCLUSIONS FOR THE 11/15/06 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, Staff would recommend the following conditions: 1. No more than a total of five horses or ponies shall be on the property at any given time. 2. The horses and/or ponies shall be rotated between fenced areas in an effort to minimize odor and insect impacts on the adjacent residences. 3. Horse and/or pony manure shall not be stockpiled nor spread within 40 feet of airy property boundary line. 4. Any modification or expansion of this use will require a new conditional use permit. Following the requisite public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. Frederick County' Location in the County Map Features . Application iS Lakes/Ponds �-- Streams €.-1 Flooplain Streets Primary Secondary Terciary -- Winchester City 'yRailroads O Property Lines Landuse diUrban Development Area p SWSA Riggle an Long Range Land Use Rural Community Center Residential Business Industrial ZD Institutional = Recreation Historic W Mixed -Use Planned Unit Development Location in Surrounding Area Frederick County, Location in the, Gourl Map Features Application £} Lakes/Ponds ^�- Streams 03 Flooplain Streets '%r Primary Secondary Terciary Winchester City y Railroads Property Lines Landuse s Urban Development Area SWSA iggleman Zoning - B1 (Business, Neighborhood District) B2 (Busines:s, General District) • B3 (Business, Industrial Transition District) EM (Extractive Manufacturing District) ® HE (Higher Education District) • M1 (Industrial, Light District) M2 (Industrial, General District) 40 MH1 (Mobile Home Community District) 40' MS (Medical Support District) R4 (Residential, Planned Community District) 4* R5 (Residential Recreational Community District) RA (Rural Areas District) RP (Residential Performance District) Location in Surrounding Area ("JCT 2 3 2006 Submittal Deadline 10 -b,/0� P/C Meeting BOS Meeting 1� APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA I. Applicant (The applicant if the owner other) NAME: Dawson W. Riggleman, Jr. & Robann C. Riggleman ADDRESS: 7.20 Longcroft Road, Winchester, VA 22602 TELEPHONE 540-667-3328 2. Please list all owners, occupants, or parties in interest of the property: Dawson W.aRiggleman, Jr. & Robann C. Riggleman 3. The property is located at: (please give exact directions and include the route number of your road or street) Approximately 2.5 miles off of Route 785 (Lon croft Road) in Frederick County, VA. From th eCity of Winchester limits take Front Royal Pike to Longcroft Road (it is the next left after Airport Road). The Dri7liDe,111 lies in an area behind the subdivision known as Bufflick Heights Subdivision. 4. The property has a road frontage of )on Longcroft Raod depth of A rox. 400= feet and consists of 56 feet and a acres. (Please be exact '^See copy of plat drawn by Ebert and Associates dated October 23, 1998 attached as Exhibit 1. 5. The property is owned by Dawson W. & Robann C. Riggleman as evidenced by deed from recorded (previous owner) in deed book no. on page , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. Tax(Parcel) Identification (I.D. )No. 64-A-44 Magisterial District Shawnee Current Zoning RP 7. Adjoining Property: USE North Residential East Li ht Industry South Residential West Residential ZONING RP M-1 RP RP 8. The type of use proposed is (consult with the Planning Dept. before completing) Horse operation consisting of 5- horses and ar- * ponies. 9. It is proposed that the following buildings will be constructed: Barn and riding ring have already been constructed. 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property where the requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this application: 4264 Q Entre Court NAME Airport Business Park, LLC ADDRESS Chantilly, VA 20151 PROPERTY ID# 64 -A -40P 1011 Front Royal Pike NAME Boyd J. & Jean B. Unger ADDRESS Winchester, VA 22602 PROPERTY ID# 64-A743 251 Songbird Lane NAME Boyd J. Unger, Jr. ADDRESS Winchester, VA 22603 PROPERTY ID# 64-A-42 160 Front Royal Road NAME Interstate Properties ADDRESS Winchester VA 22602 PROPERTY ID# 64-A-1 567 Glendobbin Road NAME He.pler Holdings, LLC ADDRESS Winchester, VA 22603 PROPERTY ID# 64D-8-2-7 106 Travis Court NAME Ronald R. & Debra M. Potter ADDRESS Winchester, VA 22602 PROPERTY ID# 64D-8-2-8 12220 Lincoln Lake Way #2004 NAME Todd Sacco ADDRESS Fairfax, VA 22030 PROPERTY ID# 64D-8-2-9 102 Travis Court NAME Kevin E. & Angelica G. Ganczak ADDRESS Winchester VA 22602 PROPERTY ID# 64D-8-2-10 NAME Amir M. & Chiraz P. Mustafa 100 Travis Court ADDRESS Winchester, VA 22602 PROPERTY ID# 64D-8-2-11 NAME Lucinda M. & Whitac Klahre 100 Longcroft Road ADDRESS Winchester, VA 22602 PROPERTY ID# 64C-2-3 NAME Glenn W. Betts 104 Longcroft Road ADDRESS Winchester, VA 22602 PROPERTY ID# 64C-2-9 NAME William Aaron & PA Rogers 106 Longcroft Road ADDRESS Winchester, VA 22602 PROPERTY ID# 64 -A -44B NAME Sandra H. Fletcher 108 Longcroft Road ADDRESS Winchester, VA 22602 PROPERTY ID# 64 -A -44A NAME Cuy R. & Karen D, Ave y 110 Longcroft Road PROPERTY ID# ADDRESS Winchester, VA 22602 64C-2-44 NAME William F. Holbrook 112 Longcroft Road ADDRESS PROPERTY ID# Winchester, VA 22602 64C-2-45 NAS Paul Elwood Berry 114 Longcroft Road ADDRESS PROPERTY ID# Winchester, VA 22602 64C-2-46 NAME -Sally E. Stei leder116 Longcroft Road ADDRESS PROPERTY ID# Winchester VA 22602 ----- 64C-2-47 NAME F Omar Lo ez & Ar a Lopez ADDRESS Winchestterof 122 Longert R226 PROPERTY ID# 64C-2-49 VA2602 NAME Harry -M. & Rose 0, Stine 124 Longcroft Road ADDRESS PROPERTY ID# Winchester, VA 22602 64C-2-50 NAME George W, & Virginia Childress126 Longcroft Road ADDRESS PROPERTY ID# Winchester, VA 22602 64C-2-51 NAME Paul I & Kaleen P. Rake r 128 Longcroft Road -ADDRESS PROPERTY ID# Winchester, VA 22602 64C-2-52 NAME James C. & Heather Duncan PROPERTY IDI 64C-2-54 Nps Darin Beckwith & E. Beckwith PROPERTY ID# 64C--2-54 NAME PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# M`TV-VD PROPERTY ID# 130 Longcroft Road ADDRESS Winchester, VA 22602 132 Longcroft Road ADDRESS Winchester, VA 22602 ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS' 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. �v x � • � '� leF` z _ r y y k5- 1 1 d •d' r x '1^l, 4 M iii•=:,� F „ j. �do i I 'r �k 1 7 , Arirl i t i nna l rnnmment c � i f any • See attached statement. 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. oph--,,, Signature of Applicant b C - Signature of Owner Owners' Mailing Address /:2,0 I&J404Es7rv. Uk Zib.oi Owners' Telephone No. � &7-`o3?ril TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: FREDERICK COUNTY BOARD OF SUPERVISORS 12. Additional comments, if any: A. The horses are for recreational purposes only. B. We do not conduct any for profit activities associated with the horses. We do not have horse shows nor do we conduct rides for profit. There is no breeding activity for resale purposes conducted on the property. C. Because there are no for profit activities, we cannot deduct on our personal tax returns any expenses regarding the upkeep of the horses, such as veterinary bills, medicines, or the cost of any medical treatment. These expenses are our out of pocket expenses. D. We cannot deduct any depreciation expenses related to the barn. E. We cannot deduct the cost of hay, pasture seed, or fertilizers. These expenses are our out of pocket expenses. F. Because we do not conduct any for profit activities, our insurance requirements are those customary to keeping horses. These requirements consist of the posting of No Trespassing signs, non climb wire fencing, and gated and locked facilities. It should be further noted by way of background that the undersigned made application to the Frederick County Building Department for a building permit for the barn which houses the horses. This happened in 2000 or 2001. The Building Department indicated that there was no problem with constructing the barn so long as it was used for personal use and not commercial enterprise. Thereafter, Dawson Riggleman contacted Frederick County Planning staff person, Abby Kennedy, in November or December of 2003 to verify that the keeping of the animals was allowed by the Frederick County authorities. He was informed that the use of the property for personal horses was allowed and that the matter had been raised in the staff meeting and Ms. Kennedy's advise was based on a staff meeting which was held. He had asked Ms. Kennedy to obtain a letter stating that it was allowable for pet horses to be used on the property; however, she indicated that there was no need to issue such a letter as the same was contained in the minutes of the staff meeting which was held either in November or December, 2003. Neither of the Rigglemans heard any more response until the complaint was filed against them in this matter. September 2, 2006 The Riggleman Family Petition The undersigned hereby acknowledge that they DO NOT OBJECT IN ANY WAY to the Riggleman Family maintaining horses on their property which is located at 120 Longcroft Road, Winchester, Virginia. Please sign under your name on the form below and return in the enclosed self addressed envelope. Thank you for your support. NAME 106 Longcroft Roar] illiam Aaron Rogers and Address wine Rogers :PA Property ID # 64 -A -44B Address 108 Longcroft Road Wjnabest�, VA 2 Am Sandra H. Fletcher Property ID # 64 -A -44A 110 Longcroft Road Address VA Guy R. Avey and Karen P. Avey. property IID # 64c-2-44 !� r 112 Imx*=oft Road t Eb1brook Address Wincbestpx VA 22602 ? Ply ID # 64C 2-45 ti 114 Longcroft Road Address estex,Paul. Property ID# 64C--2-46 Mwood Berry 116 Longcroft Road Address WinchesterVA 22602 Sally E. Steigleder Property ID # 64C-2-47 . 122 Longcxoft Road Francis climax Lopez and Address Winch 22602 Argo Lopez Property ID # 64-0-2-49 Address 124 Longcroft Road Njru=best;-r, ILA Harry M. Stine and Rose 0. Stine Property ID # 64C-2-50 126 Longcroft Road Address Winchester, VA 22602 George W. Childress and Virginia Ctzildress Prvperiy ID # 64C-2-51 128 I,ongcroft Road Paul H. Baker and Address Flinchester VA 22602 Italeen P. Baker prop ID # 64C-2-52 130 Longcroft Road James c. Duncan and Address W' er VA 22602 Heather Duncan property ID #} 64C-2-54 - --- 332 Longcroft Poad Beckwith and Address winchestex VA 22603 Property ID # 64C-2-54 Darin E. Beckwith September 2, 2006 The Riggleman Family Petition B,yd 2260 Intev in RCad 14eple3i VA 226( . 'ck p,onald Debra ... Kevin Amir M. Mustafa and chiraz P. Mustafa Lucinda M. Klabre and Whitac Kjahre Address ..yJinchester z; Property D# 64D - B- 2- 1 1 100 �ongCrOft Road Address poputy ID # 64C-2-3 i7��Longcroft0aa Address Wste Glenn w. BettsFi�o-perty H)�# W-2-9 .+ th-".7 — DO NOT OBJECT IN ANY cud ,, hg horses on their property which -ster, Virginia. A -)R _Q... belowand return in the enclosed Dur support. fims, or corporafions owning 12. props V --c-I fight, including Properties at the erty- (Lise additional pages if sides, -k- 11iNkl ication: 009ie list Property nems! Ident (yo. c,,zt 20151 FAST: ca� At -ID 'TA AirPr- 10ya], Pike Boyd jean An, B,yd 2260 Intev in RCad 14eple3i VA 226( . 'ck p,onald Debra ... Kevin Amir M. Mustafa and chiraz P. Mustafa Lucinda M. Klabre and Whitac Kjahre Address ..yJinchester z; Property D# 64D - B- 2- 1 1 100 �ongCrOft Road Address poputy ID # 64C-2-3 i7��Longcroft0aa Address Wste Glenn w. BettsFi�o-perty H)�# W-2-9 September 2, 2006 The Riggleman Family Petition The undersigned hereby acknowledge that they DO NOT OBJECT IN ANY WAY to the Riggleman Family maintaining horses on their property which is located at 120 Longcroft Road, Winchester, Virginia. Please sign under your name on the form below and return in the enclosed self addressed envelope. Thank you for your support. NAME 106 Longcroft Road William Aaron Rogers and Address winc -r. VA 22602hestL PA Rogers Property ID # 64 -A -44B Address 108 Longcroft Road Sandra H. Fletcher property ID # 64 -A -44A Address 110 Longcroft Road Guy R. Avey and Karen D. Avey property ID # 64C-2--44 112 LorbgCroft Road Address R:jinClestex VA 22602 William F. Holbrook Property ID # 64C-2-45 Address 114 Longcroft Road Wincbentier- paul Elwood Berry -M-22W2 prop, ID # 64C--2-46 116 Longcroft Road Address Winchester VA 22602 Sally E. Steigleder propery ID # 64C-2-47 1.22 Longcroft Road Francis dinar Lopez and Address W h 22602 Argu Lopez Property ID # 64-C-2-49. Address 124 Longcxoft Road Harry M. Stine and Rose O. Stine �Ut Property ID # 64C-2-50 ` 126 Longcroft Road Address Winchester, VA 22602 George W. Childress and virgini-a Childress propetiy ID # 64C-2-51 128 Longcroft Road pawl H. Baker and Address Ffinchester vA 22602 Kaleen P. Baker property ID # 64C-2-52 Address 130 Longcroft Road James G. Duncan and Wimbester, VA 22602 Heather Duncan property ID 4 64C-2-54 Address 132 Longcroft P.aad Darin Beiith and Winchester VA 22603 E. Beckw property ID # 64C--2-54 September 2, 2006 The Riggleman Family Petition The undersigned hereby acknowledge that they DO NOT OBJECT IN ANY WAY to the R.iggleman Family maintaining horses on their property which is located at 120 Longcroft Road, Winchester, Virginia. Please sign under your name on the form below and return in the enclosed self addressed envelope. Thank you for your support. NAME Riggleuan (Continued) William Aaron Rogers and ,Address 106 Longcroft Road Windbe PA Rogers Property ID # 64 -A -44B Address 108 Longc>=oft Road sands H. Fletcher' All Property II) # 64 -A -44A Address 110 Longcroft Road Cuy R. Avey and Karen A. Avey property XD # 64C-2-44 William F. ffolbrook 112 Lorrgctclft Road Address wirrchster VA 22E properly ID # 64C-2-45 Address 114 Longcroft Road Property ID # 64c-2-46 Raul Elwood Berry Sally E. Steigleder Address 116 Longcrofti Read Wasrchester jTA 22E Properly ID # 64c-247 122 Longcroft Read vm Address W-2� Francis Omax Lopez and Argu Lopez Noperty ID # 64-C-2-49 124 Lo�Yoft Road Address Harry M. Stine and Rose O. stare property ID # 64r --z-50 George W. Childress and Virginia. Childress Paul H. Baker and ft,pleen P. Baky. James c. Duncan and Heather Duncan Dalin Beckwith and E. Beckwith 4 All 4 September 2, 2006 The Riggleman Family Petition The undersigned hereby acknowledge that they DO NOT OBJECT IN ANY WAY to the Riggleman Family maintaining horses on their property which is located at 120 Longcroft Road, Winchester, Virginia. Please sign under your name on the form below and return in the enclosed self addressed envelope. Thank you for your support. 12. The following names and addresses are all of the individuals, firms, or corporations owning property adjacent to the properly for which the appeal is being sought, including properties at the sides, rear, and in front of (across street from) the subject property. (Use additional pages if necessary.) 'these people will be notified by mail of this application: fflease fist Prop Identification Number.) NAME EAST: Airport Business I soum: Boyd J. Unger and Jean B. Unger Boyd J_ Unger, Jr. Interstate Propert Frepler Holdings. I Ronald R. Potter z Debra M. Potter 7bdd Sacco Kevan E. Ganczak e Angelica G. Ganczi Amir M. Mustafa a Chiraz P. Mustafa Lucinda M. Klahxe Whitac Klahre Glenn W. Betts 4264 Q Entre Court Address Chantilly, VA 20151 Property ID # 64 -A -40P )ark, LLC 1011 Front Royal Pike Address Win ip-stez_ Property ID # 64-A--43 Address Winchester, VA 22603 Property ID # 64-A-42 160 Front Royal Road :fes Address Winchester vA 22602 Property ID # 64-A-1 Address 567 Glendcbbin Road 92603 Property 1D # 64D- 8-2-7 ,LC ind 106 Travis Court Address Winchester VA 22602 Property ID # 64D- 8-2-5 12220 Lincoln Lake Way #2004 Address Faixfax, VA 22030 Property ID # 64D -B 2-9 ik Travis Address 102 Court Property ID # 64D-8-2=10 100 Travis Court ✓ Address Winchester I VA 22602 Property ID # 64D -s-2-11 i and Address 100 Longcroft Road in he 22602 Property ID # 64C-2-3 4 Longcroft Road 1-04 Address Property ID # 64C-2-9 _)-OJILCA,� A�t vn/m J19"u-0-Alt O-JAJI -ttLd-tJlA-6AA- -AA)-e tAX-At �C, Ld vc Z11 t, Llcc-vG September 2, 2006 The Riggleman Family Petition The undersigned hereby acknowledge that they DO 1-44i.� T ©,SECT IN ANY WAY to the Riggleman Family maintaining horses on their property which is located at 120 Longcroft Road, Winchester, Virginia. Please sign under your name on the form below and return in the enclosed self addressed envelope. Thank you for your support. NAME Riggleman (Continued) I r William Aaron Rogers and '_'a PA Rogers t`Sandra H. Fletcher q Cay R_ and1--ve&V41 Karen U.. A�tvey William F. Holbrook Paul Elwood Berry Sally E. steigleder Fkancis Omar Lopez and Argil Lopez Harry M. Stine and Rose O. Stine George W. Childress and virginia Childress Paul H. Baker and y,aleen P. Baker James C. Duncan and Heather Duncan Dalin Beckwith and E. Beckwith Address 106 Longcroft Road WinchVA 22E ]Property ID # 64 -A -44B Address 108 Longcroft Road Address Property ID # 64 -A -44A Address 1l0 Longcroft Road property ID # 64C--2-44 112 Longcrort Road Address Winc,eg�, VA 22( Property ID # 64C-2-45 Address II4 I+ongcroft Road property ID # 64C-2-46 116 Iangcroft Road Address Winchester VA 22( Property ID # 64C-2-47 Address 122 L rigcroft Road Wi»i•}1PCiPT_ vA 2s Property JD # 64-0-2-49 Address 124 Longcroft Roan GTi nr r�....22 Property ID # 64C-2-50 126 Longcroft Road Address Winchester, VA 2 Property 1D # 64C-2-51 126 Longcreft Road Address winchesier,yA 221 Property ID # 64C-2-52 Aress 130 Longcroft Road ±!!d Winchestex. UA 2. Property ID # 64C-2-54 332 Longcro Road Address N7inrh MMr, VA 22f Property ID # 64C-2-54 September 2, 2006 The Riggleman Family Petition The undersigned hereby acknowledge that they DO NOT OBJECT IN ANY WAY to the Riggleman Family maintaining horses on their property which is located at 120 Longcroft Road, Winchester, Virginia. Please sign under your name on the form below and return in the enclosed self addressed envelope. Thank you for your support. 12. The following names and addresses are all of the individuals, firms, or corporations owning roe adjacent to the property for which the appeal is being sought, including properties at the P P rty J p se additional Pages if sides, rear, and in front of (across street from) the subject Wlli �on(Ple�se list Property necessary,,) These people will be notified by snail of this app Idenfifiication Number.) NAME IIID # 64D- 8-2-7 126% g Entre court EAST: Address �titill VA 20151 Ai tport Business Park, LT -C Property ID # 64—A 40P 1011 Ftont Royal Pike sourx: Address Boyd J. Unger and Property ID # 64-A-43 Jean B. Unger lr Address Winchester, vA 22603 Boyd J. Unger, Jr. t� property ID # 64-A--42 160 EXont Royal Road Amir M. Mustafa and Address Winchester VA 2260 Interstate Properties 100 cxo€t Road Long _ property ID # 64-A-1 Lucinda M. Klabre and Whitac Klahre 567 Gletiobb Road A,� .Address Tai rri'1R ter._ Heeler Holdings, LLCproperly IIID # 64D- 8-2-7 106 Travis Cwt Ronald R. Potter and Address Winchest-er VA 22602 Debra M. Potter Property 11) # 64D- 8r2-8 12220Lincdln Lake Way #2004 Address Fairfax, vA 22030 Todd Sacco Property ID, # 64D -B 2-9 102 Travis court Address Kevin E. Ganczak and Angelica G. Ganczak - Property ID # 64D -B-2=10 100 Travis Court Address Winchester vA 22602 Amir M. Mustafa and -11 propertylD # Chiraz P. Mustafa 100 cxo€t Road Long Address yJ• hes 22602 Lucinda M. Klabre and Whitac Klahre Properly 1D # 64C-2-3 104 Y,ongcroft Road Address w• �?,7 Fes, Glenn W. Betts property ID # 64C-2-9 September 2, 2006 The Riggleman Family Petition The undersigned hereby acknowledge that they DO NOT OBJECT IN ANY WAY to the Riggleman Family maintaining horses on their property which is located at 120 Longcroft Road, Winchester, Virginia. Please sign under your name on the form below and return in the enclosed self addressed envelope. Thank you for your support. NAME Riggz mn (Continued) William Aaron Rogers and PA Rogers Sandra H. Fletcher Guy R. Avey and Karen D. Avey William F. Holbrook Paul Eluvod Berry sally E. IL Francis &ar Lopez and Argo Lopez Harry M. Stine and Rose O. Stine George W. Childress and Virginia Childress Paul H. Baker and Kaleen P. Baker James C. Duncan and Heather Duncan Darin Beckwith and E. Beckwith Address 106 Longcroft Road Winchester VA 22602 Property ID # 64 -A -44B Address 108 Longcroft Road Winrh sten. VA 2 -60 - Property ID # 64 -A -44A Address 110 Longcroft Road i Wi nrhPater , VA 29602- property 202property ID # 64C-2-44 112 Longcroft Road Address Winchester, VA 22602 properly ID # 64C-2-45 Address 114 Longcroft Road Winchester VA X2602._ Property ID # 64C-2-46 116 Longcroft Road Address Winchester, VA_ 22602 Property ID # 64C-2-47 Address 122 Longcroft Road Winchester VA 22602 property ID # 64-C-2-49 Address 124 Longcroft Road Wi nr7hf—:7-Pr 3ZA '22M7 property ID # 64C-2-50 126 Longcroft Road Address Winchester, VA 22602 Property ID # 64C-2-51 128 Longcroft Road Address Winchester, VA 22602 property ID # 64C-2-52 Address 130 Longcroft Road Winchester VA 22642 Property ID # 64C-2-54 Address 132 Longa oft D^ua Winchester, VA 22603 property ID # 64C-2-54 September 2, 2006 The Riggleman Family Petition The under signed hereby acknowledge that they ISO NOT OBJECT IN ANY WAY to the Riggleman Family maintaining horses on their property which is located at 120 Longcroft Road, Winchester, Virginia. Please sign under your name on the form below and return in the enclosed self addressed envelope. Thank you for your support - NAME Riggleman (continued) William Aaron Rogers and PA Rogers Sandra H. Fletcher Guy R- Avey and Karen D. Avey William F. Holbrook Paul Ejuvod Berry Sally E. steigleder Francis Omar Lopez and Argu Lopez Harry M. Stine and Rose O. Stine George W. ch;ldress and Virginia Childress pawl H_ Baker and Kaleen P. Baker James C. Duncan and Heather Duncan Darin Beckwith and T7.- Beckwith- 106 Lcngcroft Road Address Wincbe!3t VA 22 property IID # 64 -A -44B Address 108 Longcroft Road �----�n�nrhoSYE'2 VA 22f property IID # 64 -Al Address 110 Longcroft Road �E Wind ste VA 22 f property ID # 64C-2-44 oft Road Address Winchester VA 224 pro p'rLy ID # 64C--2-45 114 Longcroft Road Address Winabit j� ��—pro�perty�ID # 64C-2-46 116 Longcroft Road Address Winchester. vA 22+ I prop, gD ## 64C-2-47 122 l,ongcroft Road Address Winchester . vA 2 property ID # 64-0-2-49 124 Lon9cYoft Road ` Address h , m;rn -2 property ID # 64C-2-50 126 Lon9croftRoad Address Winchester, vA 2 property ID # 64c-2-51 128 Longcroft Road Address win(: -I, ester VA 221 property ID # 64c-2-52 130 Longcroft Road Address Winch ter VAX Property ID # 64C-2-54 132 Long:.^r0-L Read Address Winchester, vA 22( property ID # 64C-2-54 September 2, 2006 The Riggleman Family Petition The undersigned hereby acknowledge that they DO NOT OBJECT IN ANY WAY to the Riggleman Family maintaining horses on their property which is located at 120 Longcroft Road, Winchester, Virginia. Please sign under your name on the form below and return in the enclosed self addressed envelope. Thank you for your support. 12. The following names and addresses are all of the individuals, Eurus, or corporations owning erties at the property adjacent to the property for which the appeal is being sought, including properties sides, rear, and in front of (across street from) the subject property. (Use additional pages if necessary.) These people will be notified by mail of this application: lease list Pro e Identification Number.) NAME ¢264 Q Entre Court FAST: Address erhhantill yA 20151 Airport Business Park, LLC Property ID # 64-A-402 1011 Front Royal Pike SOUTH: Address Boyd J. Unger and propertyD # 64-A-43 Jean B. Unger 251 lr e Address Winchester, VA 22605 property ID # 64-111--42 Boyd j. Unger, Jr- 160 Front Royal Road Interstate Properties Address Winchester VA Property ID # 64-A-1 endobbin 567 GlRoad Address Win -StPr. 14epler Holdings, LLC property ID # 64D- 8-2-7 106 Travis Court Ronald R. Potter and Address Winchester UA 2264 Debra M. Potter property ID # 64U- 8-2-8 12220 Iancoln Lake Wa Address Fairfax, VA 22030 Todd Sacco Property ID # 64p-8 2-9 102 Travis Court Address Kevin E. Ganczak and Angelica G. Ganczak - Property ID # 64D-8-2-10 100 Travis Court Address Winchester, vA 226( Amir M. Mustafa and Chiraz P. Mustafa p ID # 64D-8 2-11 property l0u Longcroft Road Lucinda M. Klahre and Address Win tries 2261 Whi.tac Klahre property ID # 64C-2-3 104 Longcroft Road Address w - Property ID # 64C-2-9 Glenn W. Betts September 2, 2006 The Riggleman Family Petition _ a +1....+ + , r�n TKTC)T [)RiF.C'T M ANY The undersigned hereby acknowledge L„aL They JL.' 1 ��- WAY to the Riggleman Family maintaining horses on their property which is located at 120 Longcroft Road, Winchester, Virginia. Please sign under your name on the form below and return in the enclosed self addressed envelope. Thank you for your support. NAME Rictgleman (Continued) William Aaron Rogers and PA Rogers Sandra H. Fletcher Gray R. Avey and Karen D. Avey William F. Holbrook E1Laood Berry Sally E_ Steigleder Francis Omar Lopez and Argu Lopez Harry M. Stine and Rose O. Stine George W. Childress and Virginia Childress gaul H_ Baker and Kaleen P. Baker James C_ Duncan and Heather Duncan Darin Beckwith and E. Beckwith 106 Longcroft Road Address Winchester. VA 22E Property ID # 64 -A -44B Address 108 Longcroft Road �����stPr VA 224 Pro' perty II) # 64 -A -44A Address 110 Longcroft Road Win hmst� e VA 22 property ID # 64C-2-44 112 Longcroft Road Address Winchester,..vA 220 property ID ## 64C--2-45 Address 114 Longcroft Road _ Winch --Mr VA 220 Property ID # 64C--2-46 Z16 Longcroft Road Address yJjnpS, VA 22E property ID # 64c-2-47 - 122 Longcroft Road Address Winches�, vA 2. Property ID # 64-C-2-49 Address 124 Longcroft Road U7inrhr ste VA 9?I property ID # 64C-2-50 126 Longcroft Road Address Winchester,. vA 2: .property ID # 64C-2-51 128 Longcroft Road Address Winchester. VA 226 property ID # 64c-2-52 Address 130 Longcroft Road Winchester VA 22 Property ID # 64c-2-54 I32 Wig_-rof Road Address Winchester VA 226, Property ID # 64C-2-54 September 2, 2006 The Riggleman Family Petition The undersigned hereby acknowledge that they DO NOT OBJECT IN ANY WAY to the Riggleman Family maintaining horses on their property which is located at 120 Longcroft Road, Winchester, Virginia. Please sign under your name on the form below and return in the enclosed self addressed envelope. Thank you for your support. 12. The following names and addresses are all of the individuals, firms, or corporations owning property adjacent to the property for which the appeal is being sought, including properties at the sides, rear, and in front of (across street from) the subject property. (Use additional pages if necessary.) These people will be notified by inail of this application: lease List Property Identification Number.) NAME EAST: Airport Business Park SOUTH= Boyd J. Unger and Jean B. Unger Boyd J. Unger, Jr. Interstate properties Hepler Holdings, LIC Ronald R. Potter and Debra M. Potter Todd Sacco Kevin E. Ganczak and Angelical G. .,, Ganczak Pmir M. Mus tafa, Chiraz P. Mtt5 Lucinda M. Klahre an Whitac Klahre Glenn W. Betts 4264 Q Entre Court Address Chantill VA 2015I Property ID # 64 -A --40P LIC loll Front Royal Pike Address Ni ricbester, Property ID # 64-A-43 251 �r Address Winchester, VA 22603 Property ID # 64-A-42 Address 16o Front Royal Road Winchester VA 22602 Property ID # 64-A-1 567 Glendobbin Road Address WinrheProperty ID # 64D- 8-2-7 Address 106 Travis Court Winchester VA 22602 property ID # 64D- 8-2-8 12220 Lincoln Lake Way #2004 Address E'aixfax, VA 22030 property ID # 64D- B-2-9 102 Travis Court Address 22602 rex 1gjnrhP- PropertyID # 64D-8-2-,10 100 Travis Court Address Winchester VA 22602 Property Iii # 64D-8-2-11 f i Address loo Longcroft Road in h sI 1 22602 Property ID # 64C-2-3 I04 Longcroft Road Address W• Propery ID # 64C-2-9 September 2, 2006 The Riggleman Family Petition The undersigned hereby acknowledge that they DO NOT OBJECT IN ANY 'MAY to the Riggleman Family maintaining horses on their property which is located at 120 Longcroft Road, Winchester, Virginia. Please sign under your name on the form below and return in the enclosed self addressed envelope. Thank you for your support. NAME Riggleman (continued) William Aaron Rogers and PA Rogers Sandra --H. Fletcher 141L�(/t a— �.1l I��� Guy R. Avey and Karen D. Avey William F. Holbrook Paul Elwocd Derry Sally E. steigleder Francis (ka Lopez and Argu Lopez Harry M. Stine and Rose O. Stine George W. Childress and Virginia Childress Paul H. Baker and Kaleen P. Balzer James c. Duncan and Heather Duncan Darin Beckwith and E. Beckwith Address 106 Longcroft Road Winchester vA 22602 Jproperty ID # 64 -A -44B Address 108 Longcroft Road property ID # 64-A-� Address 110 Longcroft Road property ID # 64C-2-44 11Z Longcroft Road Address Winchester VA 22602 props y ID # 54C-2-45 Address 114 Longcroft Road Property ID # 64C-2-46 116 Longcroft Road Address Winchester VA 22602 Property ID # 64C-2-47 -122 Longcroft Road Address NTinchester 22602 ?rope.-ty DD # 64-C-2-49 Address 124 Longcroft Road NJ ndaester_-VA-22602- Property ID # 64C-2-50 126 Longcroft Road FAddress Winchester, VA 22602 property ID # 64C-2-51 128 Longcroft Road Address winchester vA 22602 Property ID # 64C-2-52 Address 130 Longcroft Road Winchester, vA 22602 Property ID # 64C-2-54 Address 73 2 Lir raft Road Winchester, VA 22603 Property PII3 # 64C-2-54_ September 2, 2006 The Riggleman Family Petition The undersigned hereby acknowledge that they DO NOT OBJECT IN ANY WAY to the Riggleman Family maintaining horses on their property which is located at 120 Longcroft Road, Winchester, Virginia. Please sign under your name on the form below and return in the enclosed self addressed envelope. Thank you for your support. NAME Ri z man (Continued) 9g 106 Longcroft Road William Aaron Rogers and Address WinchesteT_ VA ;22602 PA Rogers proper ID # 64 -A -44B Address 108 Longcroft Road i ry hcctrrr - VA 22602 Sandra H_ Fletcher Property ID # 64 -A -44A 110 Longcroft Road Address Winchester, VA Guy R. Avey and Karen D. Avey properly ID # 64c-2-44 112 Longcroft Road Address Winchester, vA 22602 r,(illiam F. Holbrook pmperty ID # 64C-2-45 114 Longcroft Road Address Property YD # 64C-2-46 Paul Elwood Berry 116 Longcroft Road Address Winchester VA 22602 Sally E. Steigleder Property II) # W-2-47 122 I"xgcroft Road Francis Omar Lopez and Address Winchester. VA 22602 Argu Lopez property ID # 64-0-2-49 124 Longcroft Road Address Harry M. Stine and Rose O. Stine - Property ID # 64c-2-50 t 126 Longcroft Road C/_ f� Address Winchester, VA 22602 Property ID # 64C-2-51 George W.dress Virginia Childress 128 Longcroft Road Paul H. Baker and Address Winchester, vA 22602 Kaleen P. Baker Property FD if 64C=2-52 130 Longcroft Road James c. Duncan and Address Winchester VA 22602 Heather Duncan property ID # 64C-2-54 _-- -- - --- 732 loorigcroft Road Address WinchesterVA 22603 Darin Beckwith and E. Beckwith Property ID 4 64C-2-54 September 2, 2006 The Riggleman Family Petition The ti-ndersin ed hereby acknowledge that they ISO NOT OBJECT IN ANY WAY to the Riggleman Family maintaining horses on their properV',' ryl"==Lh is located at 120 Longcroft Road, Winchester, Virginia. Please sign under your name on the form below and return in the enclosed self addressed envelope. Thank you for your support. 12. The following names and addresses are all of the individuals, firms, or corpo t► ` ble property adjacent to the property for which the appeal is being sought, including properties sides, rear, and in front of (across street from) the subject property. (Use additional pages if necessary.) These people will be notified by inail of this application- (Please list Property ldentificatiion Number.) i�5 EAST Airport Business Park, LLC SO[pl4i: Boyd J. Unger and Jean B. Unger _ Boyd J. Unger, Jr. Interstate Properties 4264 Q Entre court Address Chantill VA 20151 property ID # 64 -A -40P Address 1011 Front Royal Pike ...,..a,ect or _ ITA -2260 Property ID # 64-A-43 Address Winchester, vA 22603 property ID # 64✓A-42 160 Front Royal Road Address Tu;,,,-haetpr _ VA 2260 Property ID # 64-•A-1 567 Glendobbin Road Address t.T,., ,,�, pr _VA—221 epler S g . 9 T.I C _ m Property ID # 64D- 8-2-7 106 Travis Court aid R. Potter Zd Address Winchester + Debra M. Potter property ID # 64D- 8-2-8 • 12220 Lincoln Lal Address Fairfax, vA 22 Todd Sacco pro erty ID # 64D-8 2-9 P —4Address 102 Travis Court Kevin E. Ganczak and Angelica G. Ganczak- Amir U. Mustafa and (hiraz P. Mustafa Lucinda M. Klahre and Whitac Klahre Property ID # 64D- 8-2=10 100 Travis Court Address Winchester vA 2. Property m # 64D-8'2-11 100 Longcroft Road Address es 2: property ID # 64c-2-3 Address 104 LongcroftrR�oadf� Td; r h,.c:tP-r . ITA ---M TA--- .G Glenn W. Betts Prouerty ID # 64C-2-9 September 2, 2006 The Riggleman Family Petition The undersigned hereby acknowledge that they DO NOT OBJECT IN ANY WAY to the Riggleman Family maintaining horses on their property which is located at 120 Longcroft Road, Winchester, Virginia. Please sign under your name on the form below and return in the enclosed self addressed envelope. Thank you for your support. 12. The following names and addresses are all of the individuals, firms, or corpormons awning property adjacent to the property for which the appeal is being sought, including properties at the sides, rear, and in front of (across street from) the subject property. (Use additional pages if necessary.) These people will be notified by mail of this application: (Please list PropenFv Men Deation Number.) NAME FA3r: Address 4264 Q Entre Court Chantill VA 20151 Property IID # 64 -A -40P Airport Business Park, LT -C SOUTH:Wnrheq- Address 1011 Front Royal. Pike Property ID # 64-A-43 251 Sdfigbird Lane Address Winchester, VA 22603 Boyd i. Unger and Jean B. Unger property ]I) # 64-A-42 Boyd J. Unger, Jr. 160 Front Royal Road Interstate Properties Address Winchester VA 22602 property ID # 64-A-1 567 Glendobbin Road Address2,201 property ID # 64D- 8-2-7 Hepler Holdings, LLC Ronald R. Potter and 106 Travis Court Address Winchester VA 22602 Properly ID # 64th 9-2-8 Debra M. Potter • 12,220 Lincoln Lake Way #2004 Address Fairfax, VA 22030 Property ID # _g 2-9 Todd Sacco c� Address 102 Travis Court Kevin E. Ganczak ana Angelica G. Ganczak - Property ID # 64D-8-2-10 100 'Travis Court Amir M. Mustafa and chi.raz P. Mustafa Address Winchester VA 22602 Property ID # 64D-8-2-11 Lucinda M. Klahre and Address 100 Longcroft Road in hes 22602 Whitac Klahre property ID # 64C-2-3 Glenn W. Betts Address 104 Longcroft Road W Property ID 0 64C-2-9 SUBDIVISION REQUEST # 14-06 cO�� C. ROBERT SOLENBERGER, ET AL w Staff Report for the Planning Commission w Prepared: November 1, 2006 3a Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist in the review of this application. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission 10/18/06 Tabled for 30 days by PC Planning Commission 11/15/06 Pending Board of Supervisors: 12/13/06 Pending LOCATION: The property fronts the western boundary of Martinsburg Pike (Route 11 N) about 0.65 miles north of the intersection with Interstate 81 (Exit 317). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 43-A-111 PROPERTY ZONING & PRESENT USE: M-1 (Industrial, Light) / RA (Rural Areas) Land Use: Vacant and Residential ADJOINING PROPERTY ZONING & USE: North: M-1 (Industrial, Light) Use: Vacant South: RP (Residential Performance) Use: Residential East: RP (Residential Performance) Use: Residential West: M-1 (Industrial, Light) Use: Vacant SUBDIVISION SPECIFICS: Waiver of Chapter 144, Article V, Section 3 1 C (1) (b) — Minor Rural Subdivisions, to create a 1.25 acre parcel zoned RA, and the balance of the 18.3 acre parcel zoned M-1. Subdivision and Waiver Request #14-06, C. Robert Solenberger, Et Al November 1, 2006 Page 2 Planning Staff Review: The applicant seeks the ability to create two parcels from an 18.345 acre tract. One parcel would be 1.25 acres and zoned RA Rural Areas. The second parcel would be 17.0954 acres, mostly M1 Light Industrial, but with an access across RA zoned property. This small access area would enable a secondary site access to Route 11; the primary site access would be through the Rutherford Industrial Park road network, as proffered with the Rutherford Industrial Park rezoning application. In order to enable this subdivision, the applicant would need to obtain a waiver of the minimum lot size for the 1.25 acre RA zoned parcel. The applicant is requesting a waiver of Chapter 144, Section 31, of the Frederick County Subdivision Ordinance, to create a 1.25 acre parcel in the RA (Rural Areas) Zoning District. This section of the subdivision ordinance references Chapter 165-54 (A) of the Frederick County Zoning Ordinance, regarding lot size in the RA Zoning District. The minimum lot size in the RA Zoning District is five acres, with the exceptions of the Family Division Lots and Rural Preservation lots which may be a minimum of two acres in size. This proposed parcel will have setbacks of 60 feet front and 50 feet sides and rear; these setbacks are applicable to the RA Zoning District. Staff notes a concern that enabling this subdivision waiver for the minimum lot size would result in two entrances onto Route 11 which do not meet minimum entrance spacing requirements. Initially, the 1.25 acre parcel would be for residential purposes based on its RA zoning. The larger 17 acre parcel would establish a commercial entrance on Route 11, designed as secondary access to the proposed office use on the 17 acre parcel. Staff believes that these parcels should establish a shared entrance/access agreement so that in the event the 1.25 acre site successfully secures a more intensive commercial or industrial use in the future, that we would not have another commercial entrance established on Route 11. Staff would also suggest that interparcel access easements should be established with the properties north and south of the subject sites to minimize future entrance conflicts onto Route 11. STAFF RECOMMENDATION FOR THE 10/18/06 PLANNING COMMISSION MEETING: The applicant is requesting a waiver in order to create a 1.25 acre parcel, less than the minimum requirement of five acres in the RA Zoning District (Chapter 144, Section 31). Staff believes access and shared entrances should be implemented prior to granting the requested lot size waiver. Staff is seeking administrative approval authority; therefore, a recommendation from the Planning Commission to the Board of Supervisors regarding the subdivision request is desired. All issues and concerns raised by the Planning Commission will be forwarded to the Board of Supervisors for their consideration. Subdivision and Waiver Request #14-06, C. Robert Solenberger, Et Al November 1, 2006 Page 3 PLANNING COMMISSION SUMMARY AND ACTION OF THE 10/18/06 MEETING: Commission members wanted to limit the number of entrances onto Route 11 for safety reasons. In order to do this, they were interested in having the availability of inter -parcel connectors for the lots on either side of the new Parcel 111 A. They also wanted to see direct access to Route 11 prohibited for the new Parcel 111A, particularly because it had a frontage of only 94 feet (the entrance spacing requirement for Route 11 is 200 feet), and if the parcel was rezoned to commercial in the future, another means of access would have to be sought besides direct access to Route 11. In addition, there were questions about the location of the proposed residential driveway along FEMA's access road, as well as the location for FEMA's guard area and entrance gate. The applicant noted the approximate location of the residential driveway and Commission members commented that the proposed driveway location crossed the storm water management easement; it was also noted that the septic easement for the residential parcel was off-site, on the neighboring property. During the public comment portion of the hearing, the adjoining property owner to the east, Mr. Scott E. Merryman, said the lots along Route 11 are long and narrow and he was concerned about commercial traffic going in and out of the FEMA site. He said the access road is very close to his property line; he noted that his septic is only 15 feet off the property line and his house is only 40 feet off the property line. Commissioners were concerned the proposal as presented would result in an undesirable situation for the neighbors, particularly for Mr. Merryman. A suggestion was made for the applicant to eliminate the dwelling altogether and run the access road through the center of the parcel with buffering on both sides, so it would not be so objectionable to the neighbors. Commission members said they could not support the waiver and proposal as it was presented. A motion was made, seconded, and vote unanimous to table the request for 30 days with the following items to be brought back in the next submittal: 1) a schematic of the proposed entrance; 2) the location of the guard gates and FEMA entrance gates; 3) buffering along the access road for the neighbors on both sides; 4) consideration of inter -parcel connectors on both sides of the property; and, 5) the provision of traffic counts. (Commissioner Light abstained from voting. Commissioners Mohn, Unger, Watt, and Manuel were absent from the meeting.) Subdivision and Waiver Request #14-06, C. Robert Solenberger, Et Al November 1, 2006 Page 4 STAFF RECOMMENDATION FOR THE 11/15/06 PLANNING COMMISSION MEETING: The Planning Commission, at its October 18, 2006 meeting, voted to table this request for 30 days to allow the applicant to address concerns the Commissioners had on this proposed subdivision and waiver request. These concerns are: 1) a schematic of the proposed entrance: 2) the location of the guard gates and FEMA entrance gates; 3) buffering along the access road for the neighbors on both sides; 4) consideration of inter -parcel connectors on both sides of the property; and, 5) the provision of traffic counts. Staff has provided a copy of the entrance way that was approved with the FEMA site plan; this schematic shows the location of the temporary road with no gates. The traffic count generated by this site is 5,689 trips -per -day. The applicant has not submitted plans to address buffering along the access road for the adjoining properties, or plans for inter -parcel connection to adjoining properties to limit the number of entrances to Route 11. Action Requested. A recommendation from the Planning Commission to be forwarded to the Board of Supervisors regarding the minimum lot size waiver is being sought. Granting of the waiver would allow the creation of a 1.25 acre R,4 zoned lot. w dt ✓ m �a� � .13s < ff0 i 1 i 4 X837 �J\II Q LFh7Ra , 78 ?Old Ch rle a 5�ownRd! r.,' y Rola eeneelrnes _ sums N se�� sry C. Robert Solenber, er, ET AL oP,Kas NF w R,e,a,�„= Land Use Map N Long Rsn9� Lana use �uratni� aur�i cemm�mry r��m! ® an„�c �n a r m (43 - A-111) w e” aosieemiai ®P'I `�mau i�a�s11e1 0 250 500 1,000 W Wjm.—� Fro, m , P pC ?y 7) t E r.,' y Rola eeneelrnes _ sums N se�� sry C. Robert Solenber, er, ET AL oP,Kas NF w R,e,a,�„= Land Use Map N Long Rsn9� Lana use �uratni� aur�i cemm�mry r��m! ® an„�c �n a r m (43 - A-111) w e” aosieemiai ®P'I `�mau i�a�s11e1 0 250 500 1,000 W Wjm.—� Fro, A'A ,vei �ano� Road Centerlines Smbd # 14 - CIS C. Robert Solenberger, ET AL ...... Aerial Map (43 - A - 111 0 250500 1.000 1 0001 F-1 Ilofq; INC. OF v4v 44 R Redb.A R'� WV y Cis Aj ,vei �ano� Road Centerlines Smbd # 14 - CIS C. Robert Solenberger, ET AL ...... Aerial Map (43 - A - 111 0 250500 1.000 1 0001 F-1 F Zan 0 7 Its tj pini i!'�i�■��arh ■ 1101v, i 'ODea 1m. 1-400„311 1 N i HIM • • 1�,�, 4{+0 o IQ 10” TEE 1400 n n I I W I — 5 543 E .3 � 33¢S, 43 -A -ill Lan SOLENBERSE G ROBERTETALSZONED$ MI/R4 I7INSTR YR 2004RIAINSTR' ITI64�4c4i! �I�I I s' EGR4DE ROADSIDE DITCH I SWM 5TFUr-TURE 1 i I ENTR,4NGE (5EE DETAIL) 5Uk1 BASIN I I I I CUT R5 i 1 � EX DRIvEWAY � 1�1 RELOCATE PP --- P To DRIEMEy-EVE TO BE REMOD) ` — JG -k I RMI �w TUTU 102 w O 100' RN LANE , L -� PER 14+00 is SITE SICsNXFUTURE) 1^ 0 n nn L I " W/L "A° 5 55-45'55` E 339400' CA51143 EXTEND 5' PAST ROW TEMPORARY ENTRANCE ROAD � oc�cr n.� WA GROSSINCs 43-A-109 MERR1f1•tAN, SCOTT E- 4 LINDA M. ZONED: RP INSTR YR 2003 INSTR • 16328 JACK AND BORE I 1 PROVIDE CASING F RWIL DETAIL w I I I I REGR.ADE ROADSIDE DITCH I GRAVEL 5NOULDER I i If I 3- ;113 ' L J COUNTY of FREDERICK Department of Planning and Development 107 North Kent Street, Winchester, Virginia 22601-5000 Telephone: 540/665-5651 FAX: 540/665-6395 WAIVER/EXCEPTIONS REQUEST APPLICATION 1. Applicant: Name: Greenway Engineering Telephone: 540-662-4185 Address: 151 Windy Hill Lane, Winchester, VA 22602 2. Property owner (if different than above): Name: C. Robert Solenber, e r, John B. Schroth and John S. Scully IV Telephone: 540-662-0323 Address: 112 North Cameron Street, Winchester, VA 22601 3. Contact person (if other than above): Name: Rich Edens, L.S. Telephone: 540-662-4185 4. Waiver request details (include specific ordinance requirements to be waived): § 144-31C(1)(B) To establish an RA District Lot with an existing residence on less than 5 acres 5. Property Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): Fronts western boundary of Martinsburg Pike (US Route 11 North) about 0.65 mile north of intersection with Interstate 81 (Exit 317) 6. Parcel Identification/Location: Parcel Identification Number 43-A-111 Magisterial District: Stonewall 7. Property zoning and current use: Zoned: M1 & RADistrict Current Use: Vacant and Residential 8. Attachments: Adjoining Property Owners List X Existing/recorded and Proposed Plats X OFFICE USE ONLY: Fez: $500 enclosed:i,— Receipt ##: 9Z11 9. List of Adjoining Properties: The following names and addresses are all of the individuals, firms, or corporations owning property adjacent to the property for which the waiver or exception is being sought, including properties at the sides, rear, and in front of (across street from) the subject property. (Use additional pages if necessary.) These people will be notified by mail of this application. NAME Scott E. Merryman and Linda M. Merryman Address 1995 Martinsburg Pike, Winchester, VA 22603 Property ID # 43-A-109 Patricia S. Nethers and Thomas L. Nethers Address 1985 Martinsburg Pike Winchester, VA 22603 Property ID # 43-A-108 C. Robert Solenberger, John B. Schroth and John S. Scully, IV Address 112 N. Cameron Street Winchester, VA 22601 Property ID # 43-A-99 Dehaven Nursery, Inc. Address 2077 Martinsburg Pike, Winchester, VA 22603 Property ID # 43 -A -112B Charles S. Dehaven and Jane M. Dehaven, Trustees Address 2073 Martinsburg Pike, Winchester, VA 22603 Property ID # 43 -A -112A & 113 Thomas E. Riddick, Jr. and Janet D. Riddick Address 2045 Martinsburg Pike, Winchester, VA 22603 Property ID # 43-A-110 Robert A. Hart and Alice C. Hart Address 2024 Martinsburg Pike Winchester, VA 22603 Property ID # 43-A-133 Linwood R. Williamson Address 2014 Martinsburg Pike, Winchester, VA 22603 Property ID # 43-A-134 William Pifer Address 2002 Martinsburg Pike Winchester, VA 22603 PO Box 725, Winchester, VA 22604 Property ID # 43 -A -134B Address Property ID # ENGRNG 151 Windy Hill Lane Winchester, Virginia 22602` Founded in I971 September 25, 2006 Frederick County Planning Department Attn: Mark Cheran, Zoning and Subdivision Administrator 107 North Kent Street Winchester, VA 22601 RE: C. Robert Solenberger, Et Als, Final Subdivision Plat Waiver Request Dear Mark: The purpose of this letter is to request Planning Commission and Board of Supervisor consideration of a waiver to § 144-31C(1)(b) — Minor Rural Subdivisions of the Frederick County Subdivision Ordinance. The C. Robert Solenberger, Et Als, Final Subdivision Plat establishes a 1.25± acre parcel of land with an existing residence with frontage along Martinsburg Pike (U.S. Route 11). Currently, this residence is located on a parcel that contains a total of 18.35± acres, of which, 1.8 acres is zoned RA, Rural Area District with the remainder being zoned M-1, Light Industrial District. The FEMA Office site will utilize the entire M-1 District acreage and approximately 0.55± acres of the RA District acreage for access; therefore, the existing residence is proposed for the remaining 1.25± acres. Section 144-31C(1)(b) of the Frederick County Subdivision Ordinance allows for minor rural subdivisions of no more than three lots to be created from any one parcel under the regulations specified in the Zoning Ordinance. The establishment of the 1.25± acre parcel of land with an existing residence complies with setback regulations and width -to - depth regulations; however, a waiver will be necessary to allow for this parcel to be less than the minimum acreage requirement and the minimum width at the front setback requirement. It should be noted that the existing driveway serving the residence will be relocated from Martinsburg Pike to connect to the access drive serving the FEMA Office site. Please find attached a copy of the Waiver/Exceptions Application, the $500.00 application fee and a copy of the C. Robert Solenberger, Et Als, Final Subdivision Plat prepared by Greenway Engineering dated September 7, 2006 for your consideration. It is requested that this waiver be scheduled for the October 18, 2006 Planning Commission meeting and the November 8, 2006 Board of Supervisor meeting for consideration for final approval per § 144-4 of the Frederick County Subdivision Ordinance. Engineers Surveyors Telephone 540-662-4185 FAX 540-722-9528 File #2795.1/EAW www.greenwayeng.com Please advise me if you need any additional information regarding this request and I will forward it to you immediately. Sincerely, Evan Wyatt, AICP Greenway Engineering Cc: C. Robert Solenberger Joluz B. Schroth John S. Scully Edward J. Sussi File #2795J/EAW FINAL SUBDIVISION PLAT OF THE LAND OF C. ROBERT" SOLENBERGER, ET ALS STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SEPTEMBER 7, 2006 0�0 Hiott � � 0�3^0 Q�� yCRf g3 STONEWALL INDUSTRIAL�� �o PARK heRoad O 3 J c \ / TE Q7 A ' �ti• cP \\ VICINITY MAP EXIT .�. � 317 i/ 1' = 2000' OWNERS CERTIFICATE THE ABOVE AND FOREGOING SUBDIVISION OF THE LAND OF C. ROBERT SOLENBERGER, JOHN B. SCHROTH AND JOHN S. SCULLY, IV, AS APPEARS ON THE ACCOMPANYING PLATS, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IF ANY. COMMONWEALTH OF VIRGINIA COMMONWEALTH OF VIRGINIA CITY/COUNTY OF , TO W/ T.- CITY/COUNTY OF TO WIT.' THE FOREGOING OWNER'S CERTIFICATE WAS THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF ACKNOWLEDGED BEFORE ME THIS_ DAY OF 2006 BY 2006 BY NOTARY PUBLIC NOTARY PUBLIC MY COMMISSION EXPIRES MY COMMISSION EXPIRES SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS SUBDIVISION IS ALL OF "ADJUSTED TAX PARCEL 43—A-1 1 1 " AS ESTABLISHED BY FINAL PLAT FOR BOUNDARY LINE ADJUSTMENT DATED JUNE 13, 2006 AND REVISED AUGUST 31, 2006 OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLERK'S OFFICE AS INSTRUMENT No. BEING A PORTION OF THE LAND CONVEYED TO C. ROBERT SOLENBERGER, JOHN B. SCHROTH AND JOHN S. SCULLY, IV BY DEED DATED AUGUST 24, 2004 OF RECORD IN SAID CLERKSfZ�� OFFICE AS INSTRUMENT No. 040017164. RICHARD A. EDENS, L.S. NOTE: PARENT TAX PARCEL IDENTIFICATION T.M. 4J—A-111 18.3453 ACRES ZONE.' M 1 & RA USE.- VACANT/RESIDENTLAL APPROVALS: FREDERICK COUNTY SANITATION AUTHORITY DATE ��ALTH 0�,� I�Cl O� VIRGINIA DEPARTMENT OF TRANSPORTATION DATE—A,-- RICHARD A. EDENS FREDERICK COUNTY SUBDIVISION ADMINISTRATOR DATE N0.002550 9-7-DCo ���,�-7-E)(�o4 GREENWAY ENGINEERING 151 Windy suv� Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX. (540) 722-9528 Founder( in 1971 www.greenwayerig.corn 27951 SHEET 1 OF 4 Qva� p06 1 ' ;'OTE.' SEE SHEET 4 FOR CURVE DATA, LINE DATA, OF "ON" EASEMENT DATA, LEGEND, NOTES AND KEY TO \'D \p'4 0� , ADJOINING PROPERTY OWNERS. t�° WINCHESTER &WESTERN S RAW —SEE DB 633/LROgD 30' WATER & SEWER _--PC 7121-EASEMEAcT INST.No. 020014907 0�1�i P ____ 20' SANITARY / j / j �E T.M. 43—A-99 — T SEWER EASEMENT 20 C. ROBERT SOLENBERGER, ET ALS INST. No. �&/Dp INST. No. & INST. No. 040011164 C/ F (3 ZONE. Ml USE: VACANT Zi v- H/ATT e e z \ L 1 ... Q z �o �a IRF AIRF e �... � 0 2 E e 25' BRL o // 30N�!41IV4 E I I '� ? j a- CL, � z v `� T NO �SF�ENT I I a"� Z Lo � W > \ s Z N O)C7ti � ♦ I I � j Q Qm2 T.2 IRF �I I L3 IRF o OVERHEAD UTILITY 2S, — — o AIRF co Z M T.4 ZONE-.- M7 10.64' Cm - *---� o IRF o °p �; Q FENCE IRSO Q-- DOT—SHADED DOT—SHADED AREA DENOTES A 20' SANITARY SEWER EASEMENT HEREBY RESERVED TO BENEFIT NEW TAX PARCEL 43—A— 111A. WIRES — POTOMAC EDISON CO. R/W DB 495 PG 74 (NO WIDTH SPECIFIED) a m N RES/DUE PARCEL BARN C::3 17.0954 51.29 IRF _ ZONE Ml ZONE. RPIRF � L L NAIL F - FD. D. L 12 IPF J IN TREE o ' z -- N' n IRF X BARN E7 IRS CRL APPROXIMATELIMITS OF U W FLOOD ZONE A PER � F.I. R. M No. 510063 0105 B o 3 W �Wti�Z OF TAX ^ �, ����� 43-A-111 C; Q�zo� ACRES C:)�o� 100' MINIMUM � J o w Q CATEGORY C _ Z ZONING DISTRICT BUFFER REQUIRED NQ) a Q ZONE.- RA ZONE RP L5 IRF T.4 ZONE-.- M7 10.64' o .. W/RE - *---� o IRF �; Q FENCE IRSO L6 Z Z i 4 Z:2 D 0/RS IRsI ,-,-L9 O L 10 IRS -- 0.65 MILE± TO MARTINSBURG PIKE INTERSTATE 81 EXIT 317 U.S. ROUTE 11 80' R/W FINAL SUBDIVISION PLAT OF THE LAND OF 200 0 200 GRAPHIC SCALE (IN FEET) C. ROBERT SOLENBERGER, ET ALS STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: 1" = 200' DATE: SEPTEMBER 7, 2006 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX- (540) 722-9528 Foauiclecl in 1971 www.greenwayeng.com 1 RICHARD A. EDENS y No.002550 2795J SHEET 2 OF 4 1 P� 0 oo�2oa6 2 RESIDUE OF TAX PARCEL 43–A-111 SEE SHEET 2 20' SANITARY SEWER EASEMENT SEE SHEET 2 FOR DETAIL \ DOT–SHADED AREA DENOTES A VARIABLE WIDTH DRAINAGE AND STORMWATER MANAGEMENT \ 5.00' EASEMENT HEREBY ESTABLISHED TO BENEFIT IRS(( RESIDUE OF TAX PARCEL 43–A-111. �a ZONE. M1 _L5_ X.......... �....... IRF ZONE RP _ I I ZONE. RA W/RE FENCE ZONE: MI 7 X-N--- ZONE: R ONE.- RP— �El Z I L650' BRL VARIABLE WIDTH {{ :SEPTIC EASEMENT I i� li f SHED : SERVING NEW TAX I 0 0 ` I E2 OVERHEAD : PARCEL 43–A– 111A N I :INST No. 020022873 /RS o:I UTLIiY WIRES 50.5' I Q I 50.1 DWELLING wI k } J Z /2015 �E3 n Im QW .� U�Nj ... I I �� L7 aJ tiW I o o v�QLn IE4 I I co I IJ ti ��Z� NEW k—: L6 ?o a 1 TAX PARCEL II I► ���� IRS 0 :I 43 -A -111A I I z 1.2499 ACRES ►w I L8\RFs I I OVERHEAD II I UTLITY WIRES �L6066'5RjL > I w I 10' UTILITY N N w /RS ::' :..: I I SEME SERVINGN NEW TAX PARCEL 43–A -111A I w i INST. No. I I 020022873 OVERHEAD UTILITY WIRES— 1I1 IRS C2 --- - IRF MON� ARC=230 0.32 MILE± TO� r S 3T4844" W ROUTE 83E 25.56' MARTINSBURG PIKE McCANNS RD. _ U.S. ROUTE 11 80' R/W 60 0 60 NOTE - SEE SHEET 4 FOR CURVE DATA, LINE DATA, EASEMENT DATA, GRAPHIC SCALE LEGEND, NOTES AND KEY To ADJOINING PROPERTY OWNERS. (IN FEET) FINAL SUBDIVISION PLAT OF THE LAND OF NJ TH OF A C. ROBERT SOLENBERGER, ET ALS °� r�C� STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA 1 = 60' DATE: SEPTEMBER 7, 2006GREENWAY o��£�' URICHARDA.SCALE: ENGINEERING151 Windy Hill LaneEngineers Winchester, Virginia 22602 Surveyors Telephone. (540) 662-4185 FAX: (540) 722-9528 Founded m 1971 www.greenwayeng.com _ 2795J SHEET 3 OF 4 ('I IRVF nATA CURVE DELTA ANGLE RADIUS ARC LENGTH TANGENT CHORD BEARING CHORD LENGTH Cl 43'58'47" 500.00' 383.80' 201.91' N 49'0726" E 374.44' C2 00'28'11 " 1 1499.20' 94.27' 47. 13' S 38'02 50" W 94.27' I INF nATA LINE BEARING DISTANCE L 1 I N 42'18'30 " E I 302 27' L2 N 71'06'49" E 194.41 ' L3 N 27'08'02" E 69.59' L4 S 38' 18 33" W 373.93' L5 S 39'29 50" W 177.49' L6 S 55'4555 " E 100.30' L7 S 64'02'55" E 141. 1 1 ' L8 S 59-26'50- E 77.64' L9 N 85'2755" E 36.38' L 10 S 3T48'44 " W 108.31 ' L l l N 55'4555" W 339.60' L 12 S 38' 18'33" W 145.00' L 13 N 55'4555" W41.52' L 14 S 38'01 '07" W 135.00' FA5'FMFAIT l /AIF nATA LINE BEARING DISTANCE REFERENCE ZONE USE E2 S 63' 1744 " E 68.77' E3 S 73'44'49" E 42.92' E4 S 59'26 50" E 65.93' E5 N 785231 " E 66.77' E6 S 52'11'16" E 49.44' EASEMENT CENTERLINE DATA LINE BEARING DISTANCE E7 I S 54' 15'47" W 359.81 ' KEY TO ADJOINING PROPERTY OWNERS TAG TAX PARCEL No. CURRENT OWNER REFERENCE ZONE USE AO TM_ 43—A-107 CLIFFORD D. MCQUA/N, ET ALS DB 896 PG 708 RP/RESID. © T.M. 43—A-108 PATRICIA S. NETHERS WILL No. 010000120 RP/RESID. © T.M. 43—A-109 SCOTT E. MERRYMAN, ET UX INST. No. 030016388 RP/RESID. OD T.M. 43—A-110 THOMAS E. RIDDICK, JR., ET UX /NST. No. 020022873 RAR RP7RFSln (E) T.M. 43—A-113 CHARLES S. DEHAVEN, ET UX, TRUSTEES INST. No. 060006327 RP/RESID. LEGEND RRL = BUILDING RESTRICTION LINE PER ZONING ORDINANCE IPF = 2" IRON PIPE FOUND IRF = �" IRON REBAR FOUND IRS =" IRON REBAR & CAP SET MON = CONCRETE HIGHWAY MONUMENT FOUND R/W = RIGHT OF WAY e = OVERHEAD UTILITY WIRES * * = FENCE LINE • = ZONING DISTRICT BOUNDARY NOTES 1. THE BOUNDARY INFORMATION SHOWN HEREON IS BASED ON A CURRENT FIELD SURVEY BY THIS FIRM. NO TITLE REPORT FURNISHED. EASEMENTS OTHER THAN THOSE SHOWN MAY EXIST 2. THE PROPERTY SHOWN HEREON LIES WITHIN ZONE C, AREAS OF MINIMAL FLOODING, AND ZONE A, AREAS OF 100—YEAR FLOOD; BASE FLOOD ELEVATIONS AND FLOOD HAZARD FACTORS NOT DETERMINED, PER N.F.I.P. FLOOD INSURANCE RATE MAP No. 510063 0105 B, DATED JULY 17, 1978. THE APPROXIMATE LIMITS OF SAID ZONE A ARE SHOWN HEREON AS DETERMINED BY GRAPHIC PLOTTING UPON SAID MAP. FINAL SUBDIVISION PLAT OF THE LAND OF ANLTH 0 D C. ROBERT SOLENBERGER, ET ALS °� 1�p�� STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA z, RICHARD A. EDENS SCALE: N/A DATE: SEPTEMBER 7, 2006 No.002550 GREENWAY ENGINEERING __C:07 151 Windy Hill Lane Engineers Winchester, Virginia 22602 d SjTRV� Surveyors Telephone: (540) 662-4185 FAX: (540) 722-9528 Founded in 1971 www.g-eenwayeng.corn 2795J SHEET 4 OF 4 x COUNTY of FREDERICK M E M O RA N D U Mep rtment of Planning and Development 540/665-5651 FAX: 540/665-6395 Planning Commission FROM: John A. Bishop, Transportation Planner RE: Gas Mart Entrance Waiver DATE: October 31, 2006 At the October 4, 2006 Planning Commission meeting, an entrance spacing waiver was presented for the new Gas Mart on Berryville Avenue (see attached memorandum from Candice Perkins dated September 20, 2006). After extensive discussion, the request was tabled and staff was directed to meet with VDOT and to clarify the transportation impacts which could result from the waiver. As per your request, I have looked into the requested waiver for entrance spacing for an additional entrance into the Gas Mart location on Route 7. At this point I strongly discourage the waiver, based upon the following: 1. County Ordinance Calls for 200 Feet Spacing While the ordinance calls for 200 feet entrance spacing, this site is seeking the waiver on both sides of their entrance despite the fact that their, currently approved entrance point, in the form of Eckerd Circle, is barely outside the County minimums. While VDOT's current spacing minimums remain at 50 feet, the County recognized in 1991 that this was insufficient and adopted a stronger standard. 2. Route 7 Status as an Arterial Roadway VDOT and the County have Route 7 designated as an `Other Urban Principal Arterial'. Arterial Roadways by their definition as such are to have the highest volumes of traffic with fewest possible conflicts in order to facilitate through movement of traffic above land access. In the functional classification hierarchy, arterial roadways are ranked just below interstate roadways and act as a backbone to the transportation system. Route 7 in our area serves as a major corridor of through traffic between Winchester and northern Virginia, in addition to facilitating longer through trips within the area. The creation of each additional entrance erodes the roadway's ability to adequately serve this function. This does not mean that arterial roadways cannot serve commercial interests; this is where they differ from interstates. However, localities must use all care and caution when considering any entrance onto these roadways. I would point out Winchester Gateway is a good example of how these corridors should handle commercial development. In that example, you have a significant commercial presence making use of one signalized entrance that is well spaced from the interchange and other signals. By doing this, the County and the 107 North Dent Street, Suite 202 • Winchester, Virginia 22601-5000 developer were able to maximize on commercial potential at a minimal impact to the primary through movement purpose of the arterial roadway. 3. County and State Planning Efforts At the State level, efforts are underway to update VDOT's spacing standards which are controlled by State Code. In their most recent general session, the General Assembly directed VDOT to return to the 2007 session with proposals for updating Code Section 33.1 which regulates these issues, and program proposals for statewide access management guidelines. In addition, VDOT is currently updating the Land Use Permit Manual. According to staff inquiries with VDOT in Richmond, both of these efforts are expected to result in stronger management of entrance spacing. In addition, at the County level, the Board of Supervisors authorized staff and the Transportation Committee to begin formulation of a County -wide access management plan and possible ordinance updates. Staff expects that this effort could result in even stronger management of entrances on major roadways than the county currently has in place. Granting this waiver would appear to be in conflict with all of those efforts to improve how we are managing our roadway resources. 4. Site Specific Traffic Flow Concerns Gas Mart's currently approved entrances on Eckerd Circle allow for a logical flow of traffic into and out of the site while minimizing impacts on Route 7 capacity and safety as much as is possible. The inclusion of the right -in only entrance so close to Eckerd Circle would create a situation of uncertainty for drivers exiting the business from Eckerd Circle. Staff believes there may be an issue of these exiting drivers having difficulty distinguishing whether slowing approaching drivers are turning onto Eckerd or the right -in only entrance, thereby creating a potential safety issue. 5. Need for additional access Finally, staff would submit that the Gas Mart has been developed and now opened for business under an approved site plan with entrances on Eckerd Circle. It seems apparent that though the property owner may desire this additional entrance, the lack of it does not impede their ability to run a successful business. However, the approval of it would be of some detriment to the County transportation system as detailed above. JAB/bad 2 r'"IrTNTV of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 MEMORANDUM TO: Frederick County Planning Commission FROM: Candice E. Perkins, Planner II 1 ��i RE: Second Request of Exception — Gas Mart # 7 — Berryville Pike DATE: September 20, 2006 Staff has received a waiver request from Greenway Engineering, to allow for the reduction in entrance spacing for new driveways on Arterial Highways to allow a new commercial entrance to be placed less than 200 feet from an existing commercial entrance (7-11 Entrance) and Eckard Circle (a private road). A copy of the new entrance and the existing entrances has been included for your information, along with an aerial and a photograph of the site. The zoning ordinance §165-29A(4) specifies that the minimum spacing between driveways and intersections shall be 200 feet for a posted speed limit of more than 35mph. In accordance with Section 165-29B(1), the Planning Commission may allow other means of motor vehicle access which do not meet the requirements set forth in 165-29. The property is located at the corner of Berryville Pike (Route 7) and Eckard Circle (private) and is zoned B2 (Business General). The approval of this waiver will allow this property to construct an entrance (right -in only) onto Berryville Pike for the gas station that is currently being constructed on the site. The copy of the site plan included in your package shows the proposed entrance location. The applicant would need a waiver of 105 feet off of Eckard Circle and a waiver of 80 feet off of the adjacent commercial entrance. This waiver would place the new entrance 95 feet off of Eckard Circle and 120 feet off of the existing entrance to the 7-11. The Planning Commission should determine if they believe the waiver is appropriate in this case. Minutes from the Planning Commission's December 7, 2005 have been included for reference; at this meeting the Planning Commission denied an entrance spacing waiver for a right-in/right-out entrance. Please contact our department if you need additional information. Attachments CEP/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 �r}, W IQaa�e;lif/��IwlLliidY y F3lhittd SappalOd�tl) t, 4,1 FX Rvd•dx FlaaadCvrtmdyOdd) ¢j Qa le+�v;tmed naRrm�v�d} y'Y raRm�fy Fbvbfd m,,,,,,k L},I,d} xi> ailw>dn.hw>d�.a a>.d} (j RFIFlay �,m [1di.Q Min" Cd_Ukd ) FPlt�a dnid Fl�o�vvC�atdy r{� hf ltatd�d_tad af�a) F41Tatnt�d_dr�y ayd} hli�lht8i dv�9�mmn�YCTl�si) }�T{ h{ Waiver Request Gas Bart #7 - 35} 36, 37 G 25 60 100 C—'-'?UOrl.aca Feet {f Q+ IQ—k Fudmlhad D11") Ffr lFirlr�S�p(pldoti�d) �IQ+a+�an.>i n>.dy � id�RoA�f�{FlaavtlCvmueiYOoiitlJ {'y ®IQ�+aa; tat<o+io. ha�vlm nr�d) �y Ia Raada�iy FSoobny mv„a�h.[ausdy asp QF1IQaJainttR4�/adu�gn>t.dy � rulra,>tr�mn.l�.� f£IMtt. rd-d—mAeJ (y FFIF�d♦'Ivi Rl�vrtvaa nld IFW>f�v1.WH MIFi) R4tialativl,4n.y paiclJ ti �� a6' Rt1�IFt4iF�v �mnniyniicl} ��. Waiver Request Gas Mart #7 -A- 3 7 Gas Mart Route 7 Page 1 of 1 Eric Gottshall From: Ingram, Lloyd [Lloyd. Ingram@ VDOT.Virginia.gov] Sent: Wednesday, August 23, 2006 3:19 PM To: Eric Gottshall Cc: Ingram, Lloyd; 'Candice Perkins'; 'Eric Lawrence'; Mark D. Smith Subject: Gas Mart Route 7 Eric, After reviewing the plan which you submitted (attached) and our phone conversation wherein you indicated the delivery trucks will access the site through Eckard Court, the proposed one- way entrance on Route 7 appears acceptable. «4639 -SP REV2.pdf>> While this entrance appears acceptable to VDOT, comments from Frederick County indicate this entrance will require a variance from the Board of Supervisors. Evidence of this approval will be required prior to issuance of a VDOT Land Use Permit. Please call if we can be of further assistance. Lloyd A. Ingram Transportation Engineer VDOT N Edinburg Residency Land Development 14031 Old Valley Pike Edinburg, VA 22824 (540)984-5611 (540) 984-5607 (fax) 9/6/2006 -7 - Mr. Wyatt said that in developing their recreational amenities package, they worked with the staff of the Department of Parks and Recreation to determine if the provision of a gazebo, two park benches, and trails were appropriate for this age group and if the values were satisfactory to meet or exceed the $27 500 value of the community center that would have been required. He said information has been provided within the package that will demonstrate that the applicant has met and exceeded the value requirement. Mr. Wyatt said there was one issue outside of the MDP scope that he wanted to make sure the Planning Commission and the Board of Supervisors was made aware of Mr. Wyatt proceeded to tell the Commission about a flooding event that had occurred on an adjoining site. Mr. Wyatt said that in preparation for work on the property, a land disturbance permit was issued and the initial site work was carried out, which included sediment traps instead of having the full storm water pond. He said that with the hard rain the previous week, water escaped the sediment traps and flooded an adjoining property owner's basement. Mr. Wyatt said that since the event occurred, Mr. Stuart Butler, President of Harvest Communities, Inc., has been very proactive in working with the adjoining property owner to make sure any damages are taken care of and, more importantly, he has been working to make sure there is a solution to the problem. Mr. Wyatt explained that the lay of the land for this particular house is extremely flat; the elevation of the floor for the basement is almost identical within a tenth of a foot of the grade of the yard, so there's no place for the water to go. He stated that Mr. Butler is not only working with that owner to make sure the structure is taken care of, but he is also working to design a solution and make sure storm water problems do not occur on that lot in the future. Chairman DeHaven next called for public comment, however, no one came forward to speak. Commissioner Gochenour remarked that Mr. Butler had been extremely positive in his response to this flooding incident. Commissioner Gochenour said that the adjoining property owners, the Wrenns, had a great deal of water come in as a result of the flooding. She said that Mr. Butler is working with the Wrenns on both the inside and outside of their home and, as of this afternoon, plans are being made to address the issue. Commissioner Straub suggested that the applicant use a no -maintenance material for the benches and gazebo instead of wood, to eliminate the need for regular staining and painting. Commissioner Kriz stated that this application was discussed thoroughly at the previous meeting; however, he requested that it be tabled because the Commission did not have the revised materials. Commissioner Kriz said that everything seemed to be in order now and he moved to recommend approval of the MDP, with the waiver of the community center requirement as requested. This motion was seconded by Commissioner Wilmot and unanimously passed. (Commissioners Morris and Light were absent from the meeting.) Consideration of a waiver request for Gas Mart 97, submitted by Keith Engineering, Inc., for an entrance spacing waiver permitted in Article IV, Section 165-29B(1) of the Frederick County Zoning Ordinance. This waiver would allow a new commercial entrance to be placed less than 200 feet from an existing road and an existing entrance. Action —Denied Frederick County Planning Commission Page 1643 Minutes of December 7, 2005 �.m Planner Candice E. Perkins presented the request by Keith Engineering, Inc. on behalf of Gas Mart 47 for a waiver from Section 165-29A(4), as allowed by Section 165-29B(1) of the Frederick County Zoning Ordinance, to allow for a reduction in the minimum entrance spacing for business entrances on arterial roads. Ms. Perkins noted that the properties are located at the corner of Route 7 and Eckard Circle and are zoned B2 Business General). She said the approval of the waiver will allow the property to develop as a gas station use with a right -in/ right -out onto Route 7. Ms. Perkins stated that the entrance spacing requirement for this site is 200 feet from any existing entrance; the proposed entrance is shown 75 feet off the Eckard Circle entrance and 125 feet off the adjacent Seven -Eleven entrance. She explained that the applicant would need a waiver of 125 feet off of Eckard Circle and a waiver of 75 feet off the adjacent Seven -Eleven entrance. Mr. F. J. Keith, P.E., President of Keith Engineering, Inc., said the proposed entrance was a previously -existing entrance, but did not meet the VDOT entrance requirements. Mr. Keith said that in order for the proposed convenience store to be successful, they believed an entrance off of Route 7 was necessary. He said the owners have agreed to widen and repave Eckard Circle. Mr. Keith added that they approached representatives of the Seven -Eleven store about the possibility of a shared entrance; however, they were unsuccessful. Commissioner Gochenour inquired if VDOT had provided their approval of the proposed new entrance and Mr. Keith replied yes. Commissioner Thomas commented that in addition to the requested entrance off Berryville Avenue (Rt. 7), the applicant would have an additional access at Eckards Circle; he noted that both entrances will be a "right -out only" exit. Commissioner Thomas asked Mr. Keith why he believed they needed the access on Berryville Pike. Mr. Keith replied it was for the exposure to vehicles traveling along Route 7. Commissioner Thomas asked Mr. Keith how many residences were located on Eckard Circle and if he knew the volume of traffic there. Mr. Keith thought there were approximately 10 to 20 residences on Eckards Circle. Commissioner Wilmot asked Mr. Keith to explain the relationship between the proposed entrance and the existing deceleration lane at this location; she said it appeared to her that the proposed entrance and the deceleration would conflict with each other. Commissioner Triplett asked if it was possible to widen or lengthen the existing deceleration lane. Mr. Keith replied that the lot was narrow and there was not enough width to meet a standard VDOT deceleration lane. Chairman DeHaven called for public comments and the following person came forward to speak: Mr. Jeff Ketron, an adjoining property owner at 104 Blossom Drive, behind the Seven -Eleven, was concerned about the elevation of the proposed Gas Mart site because his lot and home were lower; he said he was concerned about having gasoline pumps above the grade of his home. He commented that the deceleration lane for the Seven -Eleven is not a primary issue because there is another entrance there off Blossom Drive. He said most of the traffic comes in through Blossom Drive, to avoid the Greenwood-Redbud-Millbrook traffic lights, to access Greenwood Road. He said this was a high -traffic area in only a 100 -foot span, which is at the end of his driveway. Mr. Ketron said he was not as concerned about the entrance as he was at having the grade of the proposed gasoline pumps above his property. Chairman DeHaven asked Mr. Keith if he had done a grading plan for the proposed site. Mr. Keith replied yes; he said that they were dropping the level of the site approximately four -to -five feet. Chairman DeHaven suggested to Mr. Keith that he meet with Mr. Ketron to talk about the grading concerns. Frederick County Planning Commission Yage 1644 Minutes of December 7, 2005 MM Commissioner Ours said the geometrics of the proposal was of a concern to him, especially because traffic along this section of Route 7 gets very busy and moves quickly; he said that when the Commission grants a waiver, there should be reasonable cause and he could not see a clear reason to grant a waiver. Commissioner Thomas agreed. He said he tried to justify another entrance that would violate guidelines, based on speed limit and spacing from other entrances, but there would be about one -and -a -half vehicles every minute for the afternoon peak traffic and, at that same time, vehicles would be traveling on Route 7 going east at 45 mph. He believed it would create interference, especially considering three entrances that close together. Commissioner Thomas did not view this as a hardship, but a design problem that could possibly be worked at Eckard Circle or with Seven -Eleven. Commissioner Thomas believed a safety hazard would be created with four entrances in what appears to be about 250 feet, with Eckard Circle, this Gas Mart, Seven -Eleven, and Blossom Drive within a 45 -mph speed limit. In an opposing viewpoint, Commissioner Triplett said that he could understand why the Gas Mart wanted to use an existing right-of-way and simply make it larger. Referring to the traffic situation, he pointed out that this was within a 45 -mph speed limit and a traffic signal was only 250-300 feet from the proposed entrance_ Commissioner Triplett said that the Seven -Eleven has their own entrance and he could see why they would not be over -enthusiastic about working with a competitor beside them. He did not anticipate a traffic problem; he commented that the only business this site will get will be from east -bound traffic, because there is no cross-over. Commissioner Ours made a motion for denial of the request and recommended that the applicant attempt a redesign to make the entrances work a little better. This motion was seconded by Commissioner Thomas. Chainnan DeHaven commented on the importance of entrance spacing; he said if the traffic signal wasn't there to create the potential for access breaks, he would have real concerns. He also noted that it was really too short a distance to consider acceleration and deceleration lanes. He agreed it would be worthwhile to have additional design discussion to see if another solution could be worked out. BE IT RESOLVED, THAT by a majority vote, the Frederick County Planning Conmmission does hereby deny the waiver request submitted by Keith Engineering, Inc., on behalf of Gas Mart #7, for an entrance spacing waiver permitted by Article IV, Section 165-29B(l ), of the Frederick County Zoning Ordinance to allow a new commercial entrance to be placed less than 200 feet from an existing road and an existing entrance. YES (TO DENY): Straub, Gochenour, Watt, Unger, Thomas, Ours, Kriz, Manuel, Wilmot, DeHaven NO: Triplett (Commissioners Light and Morris were absent from the meeting.) Frederick County Planning Commission Page 1645 Minutes of December 7, 2005 COUNTY of FREDERICK Department of Planning and Development 107 North Kent Street ! Winchester, Virginia 22601-5000 Telephone: 540/665-5651 FAX: 540/665-6395 WAIVER/EXCEPTIONS REQUEST APPLICATION 1. Applicant: Name: Greenway Engineering Telephone: 540-662-4185 Address: 151 Windy Hill Lane Winchester, VA 22602 2. Property owner (if different than above): Name: Gas Mart, Inc. Telephone: 540-877-2622 Address: 4780 Northwest Pike Winchester, VA 22603 3. Contact person (if other than above): Name: Eric Gottshall Telephone: 540-662-4185 4. Waiver request details (include specific ordinance requirements to be waived): Greenway Engineering requests a waiver for entrance spacing requirements. Section 165-29-A-(4) of the Frederick County Zoning Ordinance indicates that there shall be a minimum seperation of 200' between entrances along collector roads with speed limits greater than 35 mph. This seperation requirement is not obtainable for the subjectap rcel. Greenway Engineering has prepared a plan with a 50' seperation from the nearest intersection curb return to the proposed one way entrance. Please see attached plan. This design has been found to be acceptable by VDOT. Please see the attached approval letter. 5. Property Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): The subject property is located along the south side of Berryville Pike (RT 7) approximately 1350 ft. east of Regency Lake Drive (SR 991) and 350 ft. west of Blossom Drive (SR 815) 6. Parcel Identiiication/Location: Parcel Identification Number 55-A-37 Magisterial District: Redbud 7. Property zoning and current use: Zoned: B-2 District 8. Attachments: Adjoining Property Owners List X Existing/recorded and Proposed Plats X OFFICE USE ONLY: Fee: $500 enclosed: Receipt #: 9. List of Adjoining Properties: The following names and addresses are all of the individuals, firms, or corporations owning property adjacent to the property for which the waiver or exception is being sought, including properties at the sides, rear, and in front of (across street from) the subject property. (Use additional pages if necessary.) These people will be notified by mail of this application. NAME Silver Lake, LLC Address 13 S. Loudon St. Winchester, VA 22601 Property ID # 55B -2-1-A William J. Ketron, ET UX Address 104 Blossom Drive Winchester, VA 22602 Property ID # 55B-2-1-1 Roger A. Grondin, ET UX Address 106 Blossom Drive Winchester, VA 22602 Property ID # 55B-2-1-3 & 5 Linda Keckley Timbrook Address 209 Bentley Ave. Winchester, VA 22602 Property ID # 55B -2-1-5A & 7 Wampler's Mobile Homes Address 2648 Martinsburg Pike Stephenson, VA 22656 Property ID # 55-A-38 Joseph C. Smith Address 111 Denny Lane Winchester, VA 22603 Property ID # 55B -A-6 MBC, LC Address 333 Wood Ave Winchester, VA 22601 Property ID # 55-A-34 Address Property ID # w ti~"• '� 'yD�� \111....,, \.- / l.�' •�C: �V,,." -.�'"' tC_�.�1�. /' ^',.��/."�� �r1 fir" �m� . L �.f rW` �,..-`'.....- �1 �,,;,, ''`•;�� h,_ i�tiA�� L�,,: � j '- «.,,,.. ����^��,,�,�i'/A-''J^s^'/' //�/'� y,. "^ �__" j.� } 1, j,. � \ e!! 4 �„• Y C. ,,^' t- • ✓'°A '. ✓ i�r�/ �•. / - � • 1 ti S -f Ufa L':..�7 \ 7-1 J-•:-:-_°,....._,yam., � •8 8 / l '� �,,•r'- �.,v t � �,�-•r�...,.� � .^br31 �.,r„_c' "'' „•,•"'"' ,.•iii.'°' '"•� �,� S , ` ..- / 4� 51t,\1t;R LAKE, LLQ.. •l• , - <� 57t�.5. r'F02001 678 ;76.3` �^ ,� \r / 1t USE: RETAIL 676. .r�y��''tt i,+*' t l .fit r �✓,•>��, •«`� `�.r-^ � � `. «�,"'""'..w,. J ��' :� _ 'iP \-i .i2 •3 J . kr ; } . )� \t i 7G. 50.. �� . J • UTAfNiNr �_L_ 1 2 70 rG mow' 676.It!r� +"J.1c 25' � ` '� ^ — '- •_ - zj �BUFFER N 4�• t::� . i, �: ° l ,--TC rf'1"iJVGS `1F '•1.•. .w_y �,� res _.. i ,r _ i�1-. �t ,: •— '__-�.'_i���1tti7� �Tl�t�l•"st —"'� .I l IC UP'IDEPGH Ulait•1"ANKS- ,l v_. J ttffla;7 4 L J u` flti ^1- i v „ o d C~TtJ cwt _ .._ _._._ .. _—' '< —•—•-. Ep 'IJ }u�¶ _ r 5-513- .e 1-1 pos 1=Zi rida� -a WILLIAM Llf�lltl J. 1 ' d I' �` • •""✓" Diesel Lyl.`if}ei3 E; 1'( KE �ItiON, L- Lix r •� 1 '1 .! 1j� j1 (r ''^� j I 'S C'L'_i 1 !f"'/3i TL VLUy !� ZONED:/y-L-pt\P 9 EX. A .11 Ih7 11 1{� ( c iIL u {� �1 R a' "'679 f7 f! �• d�" ry - USE: 1{t_.)I�l.l�Vl ,•.7!a csft-•_ � � I�`6 !I { /1I �W�t4 at � , J ��� _ __ -_ �^�� ....._,....�.w.�" � �.i a�� �� �� V' -Y 'ursy"� ;> iDW J\� A .�N -k- S D cot /L '{ rl ��' s �,�� lir J.' �� i��, T J:) c 67, AN I -CC 0 % -421 T \ IN 676.\t2 J, E S 5B -(21L in'I 6VN T, WILLIAM J. KETRON 'ET LIX TOP OFIPIV '1960004108 25' ILEV660.4— I BUFFER Tc F 17-11 N GS S I C -"-W5 U E',C E-11 Tc," _ CTION 70 j x 67 I TO _7 TC— ropo�ekl ORoad iesel Dispenser CAM - 79 \ IN 676.\t2 RHAINING W S 5B -(21L in'I WILLIAM J. KETRON 'ET LIX '1960004108 25' BUFFER Tc F 17-11 N GS S I C -"-W5 U Tc," _ CTION 70 j x 67 I TO _7 TC— ropo�ekl ORoad iesel Dispenser CAM - 79 676:3, 676.5 7-11 55B -(2)-1-A SILVER LAKE, LLC. 4 0-020016785 ZONED: 8-2 USE: RETAIL - -"-r 685 ' — 684 S 5B -(21L in'I WILLIAM J. KETRON 'ET LIX '1960004108 ZONED: RP USE: RESIDENTI)kt, a I M CO CD d- CID v bz W rn m C� fn M. arxr r . as . ........ � c f I � c rf p: ae M O a• Y Ac" r . ar a z W W z a z LUW W a•a a sant xaaeaan mum Y so= taxa® R I" =a an w awe l mi rf p: ...'. 5t / III f � it � {s -- ���•. ae M O a• Y Ac" r . ar a z W W z a z LUW W a•a a sant xaaeaan mum Y so= taxa® R I" =a an w awe l mi 14. .Ya ° s Y 9 J. rx.o'N i a... j ti`. 2 r n. , rt . _ ooY tom.✓ r.9v"i �' ;"-.- ...x �.' r�.r' ..R- �' � SL, ...^'. p_. -yam: " N... e4.0 ., �..✓V f e n' a• . ire .s . r e ..... 4 a r i r. SL a • .yw n x rr r aY ee y P t a� e ' TE IJ r+• r tai .. C .,+ +r. • - 41 � d f� `F:' -: ;.�� ij . I �. -...�# .:i t«^.y �^j •n d,: .."'e. f � f Y:z COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAY: 540/665-6395 MEMORANDUM TO: Frederick County Planning Commission FROM: Mark R. Cheran, Zoning Administrator�,G�----- - RE: Discussion Item: Proposed Zoning and Subdivision Ordinance Amendments DATE: October 30, 2006 Staff has assembled five proposed ordinance amendments that will be presented for discussion during the Plamling Commission's November 15, 2006 meeting. These items include: Subdivision Ordinance, Chapter 144 §144-2; to clarify Definitions §144-24 (C) (2) (B); to clarify maximum Distances from Public Roads Zoning Ordinance, Chapter 165 §165-54 (B) (1); to clarify the Family Lot Holding Requirements §165-54 (D); to clarify future divisions of the Rural Preservation Tract §165-156; to clarify Definitions The five discussion items included in this agenda have been endorsed by the Development Review and Regulations Subcommittee (DRRS) in the past year (2006). In an effort to streamline the process of implementing these proposed ordinance amendments, staff will present these items together to save time of scheduling theses items at future meetings. More specifics about these proposed ordinance amendments are attached. These proposed ordinance amendments are presented as discussion items to enable the Planning Commission to raise issues, ask questions, and seek clarification. Staff will be available to respond to your questions. Comments raised during these discussions will be forwarded to the Board of Supervisors for their consideration.. Please contact staff should you have questions regarding this proposal. Thank you. Enclosures 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 Proposed Ordinance Amendments October 31, 2006 Page 2 Proposed Ordinance Amendments Item 1 Chapter 1.44-2 Code of Frederick County (Subdivision) The DRRS recommended changing the intent of Section 144-2 (Definitions) of the Frederick County Subdivision Ordinance. This change will add clarification and understanding to the definitions of the Frederick County Code. Staff is seeking input from the Planning Commission on this proposed change to Section 144-2. A current copy of this section of the code is included. (See attachments) The proposed changes are in bold print for your review. (See below) Current language 144-2 Definitions and Word Usage Proposed language 144-2 Definitions and Word Usage. Words and Terms set forth below shall have the meanings ascribed to them. Any word, term(s), or phrase used in the Frederick County Code Subdivision of Land not defined below shall have the meaning ascribed to such word, term or phrase in the most recent edition of Merriam -Webster's Dictionary, unless in the opinion of the Subdivision Administrator, established customs or practices in Frederick County, Virginia, justify a different or additional meaning. Furthermore, the purpose of this Code, certain words, terms and phrases are herein defined as follows: Proposed Ordinance Amendments October 31, 2006 Page 3 Item 2 Chapter 144-24 C (2) (b) Code of Frederick County (Subdivision) The DRRS is recommending removing from, and adding language to, this section to address road length for individual lots. This is a change in the language of the code, not a new amendment, but a clean-up of the Code as currently written. A current copy of this section of the code is included. (See attachments). The proposed changes are in bold print for your review. (See below) Current language 144-24 C (2) (b) Individual lots shall be more than 500 feet from a state -maintained road, as measured from the public street along access road. Proposedlanguage 144-24 C (2) (b) Individual lots shall be less than 500 feet from a state -maintained road, as measured from the public street. Proposed Ordinance Amendments October 31, 2006 Page 4 Item 3 Section 165-54 (B) (1) Family Division Lots The DRRS is recommending adding new language to this section of the ordinance regarding a time period for family division lots to remain with the family member. The State Code has changed to address this issue and allows localities to set the length of time, up to but not to exceed fifteen (15) years. Historically, the Zoning Administrator (s) has made the interpretation as to the length of time family division lots are to be held by a family member. This length of time was determined to be two (2) years. After the two (2) year time period, lots can be sold outright. This new language should codify a period of time that a family member has to keep the conveyed lot. There will be no other changes to this section. A copy of the current ordinance section is included. (See attachment) The proposed changes to this section are in bold print for your review. (See below) Current language 165-54(B) Family division lots. On any parcel which contained seven acres or more prior to the adoption of this article, lots as small as two acres may be create, provided that the following conditions are met: (1) Lots are conveyed to members of the immediate family of the owner of record of the parent tract. Proposed language 165-54(B) Family division lots. On any parcel which contained seven acres or more prior to the adoption of this article, lots as small as two acres may be create, provided that the following conditions are met: (1) Lots are conveyed to members of the immediate family of the owner of record of the parent tract. The conveyed lot(s) shall remain with the family member for a period of five (5) years from the date of the creation of the family lot. Proposed Ordinance Amendments October 31, 2006 Page 5 Item 4 Section 165-54 (D) Rural Preservation Lots The DRRS is recommending changes to this section of the zoning ordinance regarding rural preservation lots. The ordinance is not clear if the parent tract (rural preservation) can be subdivided if it is recorded with a greater than 40% set-aside. Changes of this section may be warranted to avoid any confusion and add clarification to this section. Staff believes that this section of the ordinance is difficult to understand and read for the general public. Historically, the Zoning Administrator(s) has made the interpretation that once the tract is recorded, it cannot be subdivided, regardless of the percentage of the set-aside. The current ordinance section is included for your review. The bold print below are the proposed changes to this section. Current language 165-54 (D) Rural Preservation lots. (1) Within the RA Rural Areas District, lots as small as two acres shall be permitted on tracts over 20 acres in size, subject to the following: (a) Forty percent of the parent tract must remain intact as a contiguous parcel. (b) This acreage must be designated prior to the division of the fourth lot. (c ) No future division of this portion of the parent tract will be permitted. (2) Exception to the single forty -percent parcel. In cases where excessive topography or other natural features of a site create a situation where a higher quality subdivision design, resulting in less physical and/or visual disruption could be achieved by allowing two residual parcels to be created, the Planning Commission may permit the 40% to be made up of two parcels. (3) Board waiver of division restriction. Ten years from the date of the creation of any forty -percent parcel and following a public hearing, the Board of Supervisors may release the parcel from the restrictions of Subsection D(1) through the process of rezoning, provided that the rezoning is consistent with the goals of the Comprehensive Policy Plan in effect at that time. Any forty -percent parcel which is within the Urban Development Area (UDA) at a time of its creation or is included within the UDA as a result of a future expansion of the UDA, shall be eligible for rezoning at that point and shall not be subject to the ten-year restriction on rezoning. Proposed Ordinance Amendments October 31, 2006 Page 6 Proposed language 165-54 (D) Rural Preservation lots. (1) Within the RA Rural Areas District, lots as small as two acres shall be permitted on tracts over 20 acres in size, subject to the following: (a) Forty percent or more of the parent tract shall remain intact as a contiguous parcel (Rural Preservation Tract). (b) This acreage must be designated prior to the division of the fourth lot. (c) No future division of this designated Rural Preservation Tract shall be permitted. (2) Board of Supervisors waiver of division restriction. (a) The designated Rural Preservation Tract may be released from the restrictions of Subsection D (1) after a period of ten (10) years from its creation through the rezoning process. (b) The rezoning shall be consistent with the goals of the Frederick County Comprehensive Policy Plan in effect at the time of the rezoning application. (c) The designated Rural Preservation Tract which is within the Urban Development Area (UDA) at the time of its creation, or is included within the UDA as a result of a future expansion of the UDA, shall be eligible for rezoning at that point and shall not be subject to the ten (10) year restriction on rezoning. Proposed Ordinance Amendments October 31, 2006 Page 7 Item 5 - Section 165-156 Definitions The DRRS is recommending change to the current written definition of Full Screen and Landscape Screen; these definitions are reversed as written in this section of the Zoning Ordinance. These are not new definitions, but a clean-up of language. The current definitions are included for your review. The proposed changes to theses definitions are below in bold print. Current language Section 165-156 Definitions Full Screen- A landscaped easement containing plants or other features approved by the Frederick County Zoning Ordinance; which provide a complete visual screen. Landscape Screen- Full screening plus a six (6) foot in height opaque fence, hedge, wall, mound or berm Proposed language Section 165-156 Definitions Full Screen - Full screening plus a six (6) foot in height opaque fence, hedge, wall, mound or berm. Landscape Screen •- A landscaped easement containing plants or other features approved by the Frederick County Zoning Ordinance; which provide a complete visual screen.