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PC 01-07-04 Meeting AgendaAGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia January 7, 2004 7:00 P.M. CALL TO ORDER TAB 1) Election of Officers, Meeting Schedule, & Committee Appointments for 2004 ... (no tab) 2) November 19, 2003 Minutes ............................................. (A) 3) Committee Reports ................................................. (no tab) 4) Citizen Comments .................................................. (no tab) PUBLIC HEARING 5) Conditional Use Permit 910-03 of Alfred Chapman, Jr., for a country store with outdoor display area. The property is located at 2960 Millwood Pike and is identified with Property Identification Number 77-A-13 in the Shawnee Magisterial District. Mr. Cheran ............................................................ (B) 6) Conditional Use Permit #11-03 of Dynamite Digital TV, for re-establishing a non- conforming use. The property is located at 4323 North Frederick Pike and is identified with Property Identification Number 30-A-118 in the Gainesboro Magisterial District. Mr. Cheran ............................................................ (C) 7) Conditional Use Permit #12-03 of Shared Towers, Inc./Reynolds Store Tower, presented by Greenway Engineering, for a 195 -foot -high lattice -type telecommunications facility. This property is located at 8840 North Frederick Pike and is identified with Property Identification Number 11-A-39 in the Gainesboro Magisterial District. Mr. Cheran ............................................................ (D) PUBLIC MEETING 8) Subdivision Request #07-03 of Ronald G. McDonald, LLC, submitted by Michael M. Artz, for two single-family detached lots. The property is located at 1179 Front Royal Pike (Route 522), 200 feet east of Route 522 on Vine Lane, and is identified with Property Identification Number 64-2-D1, in the Shawnee Magisterial District. Mr. Davenport ......................................................... (E) 9) Master Development Plan #09-03 for the revision of Southern Hills Subdivision. This subdivision has been submitted by Greenway Engineering, and is for 250 single family detached urban houses. The site is identified by Property Identification Number 85-A-138, which is within the Opequon Magisterial District. Mr. Camp............................................................. (F) 10) Subdivision Request #16-03 of Solid Woods, submitted by Greenway Engineering, for five single-family detached traditional lots. The property is located north of Senseny Road (Route 657, east of Senseny Glen Drive, at the end of Dell Court, and is identified with Property Identification Numbers 65-A-47 and 65-A-48, in the Red Bud Magisterial District. Mr. Davenport ......................................................... (G) 11) Other MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on November 19, 2003. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; Roger L. Thomas, Vice Chairman/Opequon District; Greg L. Unger, Back Creek District; Pat Gochenour, Red Bud District; Marie F. Straub, Red Bud District; Richard C. Ours, Opequon District; Robert A. Morris, Shawnee District; George J. Kriz, Gainesboro District; John H. Light, Stonewall District; Charles E. Triplett, Gainesboro District; Cordell Watt, Back Creek District; Gene E. Fisher, Citizen at Large; Lynda Tyler, Board of Supervisors Liaison; Vincent DiBenedetto, Winchester City Liaison; and Jay Cook, Legal Counsel. ABSENT: William C. Rosenberry, Shawnee District; STAFF PRESENT: Eric R. Lawrence, Planning Director; Christopher M. Mohn, Deputy Planning Director; Abbe S. Kennedy, Senior Planner; Jeremy F. Camp, Planner II; Mark R. Cheran, Planner I; and, Renee' S. Arlotta, Clerk. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MINUTES - OCTOBER 15, 2003 Upon motion made by Commissioner Kriz and seconded by Commissioner Thomas, the minutes of October 15, 2003 were unanimously approved as presented. Frederick County Planning Commission Draft Minutes of November 19, 2003 Page 1192 -2 - COMMITTEE REPORTS Comprehensive Plans & Programs Subcommittee (CPPS) - 11/10/03 Mtg. Commissioner Light reported that the CPPS is reviewing the projects on the draft 2004-2005 Capital Improvements Plan (CIP). Historic Resources Advisorty Board (HRAB) Commissioner Gochenour reported on the 18`h Annual Conference ofthe Preservation Alliance of Virginia which she attended as a representative of the Planning Commission on November 16 through 18. Commissioner Gochenour reported that one of the many highlights of the conference was the session on how communities can prepare for participation in Virginia's 2007 Anniversary events. She said that she obtained a video tape on community preparation for the event, which she passed along to the new Director of Tourism, Ms. Melanie Stepp -Coughlin, in preparation for Ms. Stepp-Coughlin's meeting tomorrow in Annandale on this very subject. Commissioner Gochenour highlighted five of the preparation steps mentioned in the video for the Planning Commission. Economic Development Commission (EDC) Commissioner Thomas reported that the EDC has been discussing their work program for the upcoming year and ways to promote the Winchester -Frederick County area. PUBLIC HEARING 2003 COMPREHENSIVE POLICY PLAN UPDATE. Includes amendments to the Frederick County Comprehensive Policy Plan which have occurred from September 27, 2000 through October 1, 2003. Action - Recommended Approval Senior Planner Abbe S. Kennedy reported that the Board of Supervisors adopted several policy amendments from October 1, 2000 through October 1, 2003. Planner Kennedy said that although these amendments were individually approved as County policy, they have yet to be incorporated as components of the Comprehensive Policy Plan via a formal update. She said the last official update of the plan document occurred on September 27, 2000. Planner Kennedy added that the Comprehensive Plans and Programs Subcommittee unanimously endorsed the plan update at their meeting on October 13, 2003. Planner Kennedy Frederick County Planning Commission Draft Minutes of November 19, 2003 Page 1193 -3 - proceeded to review the nine approved policy amendments with the Commission. Under the Northeast Frederick Land Use Plan policy amendment, adopted by the Board on August 13, 2003, a commission member inquired if the work between the Board of Supervisors and the Sanitation Authority to determine appropriate methods for establishing public water and sewer infrastructure with adequate capacities had been accomplished or if it was ongoing. The staff replied that the wording of the policy supports the continuation of an ongoing process between the Board and the Sanitation Authority to insure adequate facilities. There were no public comments. No other issues of concern were raised and the Commission supported the Comprehensive Policy Plan Update as presented. Upon motion made by Commissioner Light and seconded by Commissioner Fisher, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously endorse the 2003 Update to the Frederick County Comprehensive Policy Plan with amendments approved by the Board of Supervisors from September 27, 2000 through October 1, 2003. Rezoning #11-03 of For My Kids, LLC - Shenandoah Honda, submitted by Anderson & Associates on behalf of John Ross, to rezone 2.020 acres from RA (Rural Areas) District to B2 (Business General) District. This property is located on Berryville Pike (Rt. 7), approximately 185' southeast of the intersection of Greenwood Road (Rt. 656) and Berryville Pike (Rt. 7), and is identified with P.I.N.s 55-A- 80 and 55-A-81 in the Red Bud Magisterial District. Action - Recommended Approval with Proffers Planner Abbe S. Kennedy stated that the applicant's intended use of the property is to relocate the existing Shenandoah Honda operation to a new facility. Planner Kennedy stated that the subject property is located within the Urban Development Area and lies within the study area of the Rt. 7 East Land Use Plan. She noted that although the applicant has proffered to prohibit a number of B2 uses on the site, approval of this rezoning would permit the establishment of several uses under SIC 55, such as gasoline service stations, new and used automotive dealers, and auto and home supply stores. She noted that the impacts of other permitted uses in this SIC 55 could exceed the impacts that were identified by the traffic analysis included with the application. In addition, she said the applicant has proffered to do a new traffic impact analysis, should the property be utilized for a use other than that within SIC 55 or if the main structure should exceed 25,000 square feet. Mr. Benjamin Butler, the attorney representing Mr. John Ross, the applicant, first described the uses in the area inunediately surrounding the proposed location for his client's business. Mr. Butler said his client's use of the property will be a visual improvement in this area. He said that his client will be investing $1.5-2 million in the structure. He explained that his client's intended use is for a Honda Power House store and he is committed to that use; however, because of the possibility for unforeseen circumstances, Frederick County Planning Commission Draft Minutes of November 19, 2003 Page 1194 -4 - he does not want to completely eliminate other uses. Mr. Butler explained that Mr. Ross sells marine products, he takes cars in trade, and he holds a DMV license. Mr. Butler said that his client is willing, however, to amend his proffer to state that a convenience store with food and gasoline would not be permitted on the property. Mr. Butler continued, stating that public water and sewer is available to the site, the storm water drainage plan will be handled by Mr. Tim Stowe, P.E. of Anderson & Associates, Inc., and they have been working with VDOT on the entrance and transportation issues. He noted that the existing trees will remain to serve as a buffer. Commissioner Gochenour expressed concern for the protection of the historical Berryville Canyon viewshed. She asked if the applicant had considered protection of the viewshed for traffic traveling west from Berryville into the City. Commissioner Gochenour was also concerned about the impacts of construction on Ash Hollow Creek. Commissioner Ours had concerns about maintaining the visual integrity of the corridor entering the City through design standards. Commissioner Ours asked Mr. Butler if his client would be amenable to design standards to help compliment the corridor approach into the City. Mr. John Ross, the applicant, came forward and explained that his business has grown to be one of the largest Honda dealerships in the country and his business is nationally recognized. Mr. Ross said that Honda has specific standards and franchise agreements that he must adhere to. He assured the Commission that the design materials will be appealing. Mr. Ross said that along with the motorcycles, he has an ATV business and he sells ATV trailers. Mr. Ross said that although he has a license as an automotive dealer, he does not intend to deal in automobiles or have automobiles on the property. Commissioner Triplett inquired about the number of employees. Mr. Ross replied that he has 25 employees and during peak season, he will have between 30 to 35. Commissioner Morris asked Mr. Ross if he had contacted the surrounding neighbors about his intended use. Mr. Ross said he hasn't contacted anyone on the other side of the road, but has been in contact with the immediate neighbors and the church. Commissioner Straub inquired about outdoor display of vehicles. Mr. Ross said the motorcycles and ATVs will be displayed outdoors during business hours, however, they will be stored inside at night for security. One of the improvements he was looking for with this new property was to get better exposure. Mr. Ross explained that the primary purpose in moving is that he has outgrown his existing facility and, in addition, he leases his current building; he believed it was time for him to own his building. Mr. Ross said that he has specific needs for his building and merchandise needs to be enclosed inside the building for protection. He explained that he has a very high theft rate. Mr. Ross said he needs to have more inside storage and he needs to have enough inside storage to store expensive motorcycles properly. Chairman DeHaven called for public comments and the following person came forward to speak: Mr. Ernest Smith, Chairman of the trustees with the Winchester Grace Brethren Church, said that members of their Board have discussed Mr. Ross' proposal and do not see any problems with For My Kids, LLC/ Shenandoah Honda being their neighbor. Mr. Smith believed it would help to improve the visual appeal of their property and give their church better exposure from Route 7. Frederick County Planning Commission Draft Minutes of November 19, 2003 Page 1195 -5- VDOT's representative, Mr. Lloyd Ingram, next came forward to answer questions from the Commission. Commissioner Ours asked Mr. Ingram ifthe applicant would be required to construct a right - turn lane into the commercial entrance. Mr. Ingram replied that the entrance will need to be adjusted and the a. ,r_ i a that is'has b 1 the li t� bridge widened to meet standards. Avis . irigr alii said u a� ►c „ate beer. wvriili'ig Wiui .e applicant's eriguaeer, Mr. Tim Stowe, on the entrance, which is about the best location available; he noted that the site distance is good and the entry is adequate. Commissioner Gochenour inquired about the road guard. Mr. Ingram stated that the applicant will need to adjust the guard rail, at their expense, when the turn lane and taper for the entrance is constructed. He added that the applicant is willing to dedicate the right-of-way required. Upon motion made by Commissioner Light and seconded by Commissioner Thomas, BE IT RESOLVED, That by a majority vote, the Frederick County Planning Commission does hereby recommend approval of Rezoning # 11-03 of For My Kids, LLC - Shenandoah Honda, submitted by Anderson & Associates on behalf of John Ross, to rezone 2.020 acres from RA (Rural Areas) District to B2 (Business General) District with the applicant's offer to amend the proffer statement to eliminate convenience stores with food and gasoline services. The vote was as follows: YES (TO APPROVE): Watt, Unger, Morris, Light, DeHaven, Thomas, Ours, Kriz, Fisher, Triplett NO: Straub, Gochenour (Please Note: Commissioner Rosenberry was absent from the meeting.) Rezoning #14-03 of Hampton Inn, submitted by Greenway Engineering to rezone a parcel consisting of .20 acres from RP (Residential Performance) District to B3 (Business General) District. This property is located on the east side of Ross Street (Rt. 712) approximately 500' north of Berryville Avenue and is identified with P.I.N. 54G -I -13A in the Stonewall Magisterial District. A small portion of the parcel is within the City of Winchester boundary. Action - Recommended Approval with Proffers Planner Jeremy F. Camp stated that the application being considered is a request for rezoning to accominodate an expansion of the customer parking lot for the existing Hampton Inn hotel. Planner Camp said the applicant has proffered to restrict all uses other than parking on the parcel, the elimination of the existing house, and the entrance off Ross street. He said that no significant issues have been identified by the Planning Staff or any other reviewing agency. Planner Camp added that the property is located within the Urban Development Area (UDA) and the request conforms with the Comprehensive Policy Plan. Commissioner Ours inquired if the parking lot standards were met when the hotel was initially constructed. Planner Camp replied that Hampton Inn has an approved site plan. Planner Camp said the Frederick County Planning Commission Draft Minutes of November 19, 2003 Page 1196 M additional parking is not required, but it being requested by the applicant for their customers. Mr. Evan A. Wyatt of Greenway Engineering, the engineering firm representing the Hampton Inn, stated that the proffer guarantees that the house will be removed and the only use win be f.he parking lot. Mr. Wyatt also noted that the parking lot will be developed in conformance with the City of Winchester's standards which are slightly more restrictive than the County's parking lot standards. Chairman DeHaven called for public comments, but no one came forward to speak. No issues of concern were raised by the Commissioners. Upon motion made by Commissioner Light and seconded by Commissioner Ours, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Rezoning 414-03 of Hampton Inn, submitted by Greenway Engineering to rezone a parcel consisting of .20 acres from RP (Residential Performance) District to B3 (Business General) District, to accommodate customer parking expansion, with proffers as submitted by the applicant. Rezoning 913-03 of Crosspointe Center, submitted by Gilbert W. Clifford & Associates, Inc., to rezone 574.37 acres from RA (Rural Areas) and B2 (Business General) to RP (Residential Performance) and B2 (Business General). Specifically, this application requests the rezoning of the subject acreage as follows: 175.62 acres from RA (Rural Areas) to B2 (Business General), 381.80 acres from RA (Rural Areas) to RP (Residential Performance), and 16.95 acres from B2 (Business General) without proffers to B2 (Business General) with proffers. The subject site is located in the Kernstown area, east of the southern terminus of Route 37, north and adjacent to Lakeside Subdivision, and east and adjacent to Tasker Road (Route 642), and is identified with Property Identification Numbers 75-A-89, 75 -A -89A, 75-A-90, 75-A-91, 75-A-92, 75-A-94, 75-A-95 and 75-A-96 in the Shawnee Magisterial District. Action - Recommended Approval with Proffers Deputy Planning Director, Christopher M. Mohn, stated that this rezoning request is intended to facilitate development of a mixed use community consisting of 1,578 dwelling units and 960,000 square feet of commercial uses. He noted that the site is located wholly within the Urban Development Area (UDA) and it is located within the boundaries of the South Frederick Land Use Plan (SFLUP). Deputy Director Mohn stated that evaluation of the project by staff has determined its conformance with the policies established in the Comprehensive Policy Plan and the SFLUP. Deputy Director Mohn proceeded to review the proffers offered by the applicant with the Commission He described the three phases of development intended to ensure that commercial and residential land uses develop simultaneously throughout the development cycle of Crosspointe Center. Deputy Director Mohn pointed out that the SFLUP identifies three transportation improvements within the subject property's site: 1) the eastern extension of Rt. 37; 2) the realignment and extension of Tasker Road; and 3) the extension of Warrior Drive. He noted that the applicant has proffered to accommodate these improvements, specifically by proposing a multi -modal transportation system oriented on the following principal road improvements: 1) the construction of Warrior Drive from the southeast project boundary to the northern project limits; 2) the realignment and extension of Tasker Road which will intersect on site with Frederick County Planning Commission Draft Minutes of November 19, 2003 Page 1197 -7 - Warrior Drive; and 3) the construction of Crosspointe Boulevard which will bisect the project from west to east, extending from the southern terminus of Rt. 37 to the eastern project boundary. Deputy Director Mohn next proceeded to describe the various phases of the transportation improvements to be provided by the applicant. Mr. John H. Foote, Attorney at Law, with Walsh Colucci Lubeley Emrich & Terpak, PC, was present to represent Mr. Fred Glaize of Glaize Developments, Inc., the property owner. Mr. Foote also introduced other members of the project team: Mr. James (Jim) Petry; Mr. Charles W. Maddox, Jr. with G. W. Clifford & Associates, Inc., the design engineers; Mr. John Callow with Patton Harris Rust & Associates, PC, the transportation engineers; and Alice Haase, Attorney at Law, with Walsh Colucci Lubeley Emrich & Terpak, PC. Mr. Foote began his presentation by stating that he believed this was the largest mixed-use commercial rezoning ever presented to Frederick County. Mr. Foote said that one of the ways to address the fiscal impacts of a project ofthis size is with substantial commercial development, and he believed this rezoning offers the opportunity to produce a large commercial center in an area designated by Frederick County for such use. He explained that the proposed development was specifically crafted to conform with the SFLUP; their Generalized Development Plan (GDP) adheres to the UDA boundary line; and the project is within the Sewer and Water Service Area (SWSA). Mr. Foote next discussed the transportation aspects of the project. He guaranteed that the road network will truly precede development; he said it is a proffered commitment that each phase of land use development is conditioned upon the construction of major road improvements. Mr. Foote pointed out that the roads will be constructed by the developer at the developer's expense. In addition, he said the overall road network will function at a Level of Service C. He explained that additional right-of-way has been proffered so as not to preclude the County's decision to extend Rt. 37 as a limited access arterial road. Furthermore, he noted that Crosspointe Boulevard will be constructed to accommodate the traffic generated by this development, in addition to regional traffic using this road network to reach other destinations. Mr. Foote assured the Commission of the applicant's commitment to protect and preserve the developmentally sensitive areas of the site, which includes historic features and wetlands, and he elaborated further on those areas. He added that Crosspointe Center will be a profoundly fiscally -positive project for the county; he further added that the project is consistent with the County's policies and plans and it accomplishes the goals of those plans. Commissioner Thomas had two questions, one on economic viability and the other on the trip generation model. Commissioner Thomas said that 1,500 households represents considerable employable individuals; he inquired if the amount of jobs generated by the proposed commercial area had been calculated. Mr. Foote replied that an analysis on job production had been accomplished; a member of his team recalled that the report projected over 2,000 jobs created during the development of the project itself and greater than 1,500 permanent jobs will be created, based on square footage modeling. Regarding his question on the trip generation model, Commissioner Thomas stated that the final destination of trips and the impacts on I-81, Rt. 11, and the surrounding road systems could be deceptive due to the complexities of the project being a mixed use development. He said that many of the trips generated in the development will also end in this development. He asked if the applicant's analysis included the number of trips generated that would actually leave the site. Mr. John Callow, the transportation engineer, spoke about the calculations he used for similar projects, such as the Winchester Medical Center and the Stephenson Village site and percentages for pass -by capture. Mr. Callow stated that using conservative trip generation calculations, they assumed a 15% internal trip capture rate; he said that at build -out, 15% of the residents would work or shop inside the project and 85% of the trips will leave the site for external destinations. Frederick County Planning Commission Draft Minutes of November 19, 2003 Page 1198 -8 - In addition, Commissioner Thomas asked what type of design improvements would need to be made as Crosspointe Boulevard converts into the Rt. 37 extension. Mr. Charles W. Maddox, Jr., the design engineer, stated they will construct a two-lane urban roadway, supplemented with two additional lanes; he said three intersections will be stop -light controlled, with multiple turn lanes and through lanes. Mr. Maddox said that considerable coordination will need to take place with VDOT and two public-private partnerships are expected to go before the state. Mr. Maddox anticipated cloverleafs, through access on I-81, and most likely, CD lanes on I-81. He said that adequate land area will be set aside to make the geometries work. Commissioner Fisher raised a question concerning the number of lanes proposed for the construction of the intersection of Tasker Road and Crosspointe Boulevard. Mr. Maddox replied that this intersection would be built to ultimate design standards in Phase I. Mr. Maddox and Mr. Foote explained the traffic movements on a diagram. Mr. Maddox said that when Warrior Drive is complete, significant redistribution of traffic can be expected; he anticipated Warrior Drive becoming the workhorse road in and out of the development and that traffic on Tasker Road will be somewhat relieved. Commissioner Morris was pleased with the fact that this was probably the most comprehensive transportation plan the County has ever received. Commissioner Morris asked for an estimation on the distance from Crosspointe Boulevard to Rt. 522 and from Warrior Drive to the Centex project. Mr. Maddox estimated the distance; he said that once Crosspointe and Wakeland Manor are developed, only a 2,000 -foot link remained to reach Rt. 522. Mr. Foote explained that Walter Colucci, who is a member of his firm, represents Centex and when they realized Warrior Drive was headed in the right direction, they consulted with Centex about the location of Warrior Drive on their property. Mr. Foote stated that they anticipated both the importance of Warrior Drive in the long term, and the importance of striving to achieve, not preclude, the County's goals. Mr. Foote said that Centex's design is compatible with the ultimate punching through of the road. Commissioner Morris inquired about the differences between a Planned Unit Development (PUD) and a mixed-use development. Mr. Foote said that smart growth in the modern day mixes employment with residential uses, reducing the number of vehicles on roads. Mr. Maddox added that the mixed use nature of the RP ordinance provides an opportunity for flexible assignment of different uses within the project, however, it doesn't have the commercial and job -producing element. Mr. Maddox stated that this project has twice the commercial identified by the impact model to support the residential component of the project. In addition, he said cash proffers have been provided for the residential area, they are constructing in excess of $10 million worth of roads, and they are providing right-of-way dedication in the $3-5 million range in order to implement the Eastern Road Plan. Commissioner Straub read a portion of a letter received from Mr. Al Omdorff, Administrative Assistant to the Superintendent of the Frederick County Public Schools. The letter stated that the 1,310 single- family homes and the 280 townhouses will yield 254 high school students, 217 middle school students, and 598 elementary school students, for a total of 1,069 students upon build out. Commissioner Straub inquired about the possibility of a school site within the project. Mr. Foote replied that there was not adequate space on the property to accommodate a school site. He mentioned the fact that in other jurisdictions, school sites are not proffered until the amount of land under consideration begins to approximate 1,000 acres. He explained that considering the size of the project property and accommodation of the road network, there simply was not the resources available to commit to a school site. Frederick County Planning Commission Draft Minutes of November 19, 2003 Page 1199 Commissioner Gochenour expressed her concern about all the various agencies, local, federal, and state, that would need to be coordinated to accomplish this project's road network. Mr. Foote said that it was not uncommon to involve federal, state, and local authorities with respect to construction of a major road network. Mr. Foote was emphatic that their planning is based on the assumption that their road network needs to serve their project. Mr. Foote said their road network will not provide Rt. 37, but they are making Rt. 37 possible for the County in the future. Commissioner Straub raised a question for the representatives from VDOT. Regarding the widening of I-81, she inquired about the possibility of I-81 getting larger than shown on the plan and the possibility of it encroaching into the proposed development. Mr. Jerry Copp, VDOT's Resident Engineer, stated that both the I-81 Study and the Rt. 37 Study were included in the project design model so that the available right-of-way, based on those studies, would be available if either one was completed. Commissioner Ours asked Mr. Copp to disregard Rt. 37 for his next question. He stated that considering the proposed project's transportation network as it applies southward down into the Southern Frederick area, he inquired if this plan, in Mr. Copp's opinion, enhanced or benefitted the County's transportation plan for future growth. Mr. Copp replied that it would. Mr. Copp said that he was involved in many meetings with the County staff and the developer over the past several years, and it was VDOT's opinion that the connection of Warrior extending up from Rt. 277 across Tasker and up through and connecting to the existing I-81/Rt. 37 interchange would be a good move on the County's part, regardless of Rt. 37. Commissioner Ours remarked that just on these merits, this was a good plan and Mr. Copp agreed. Mr. Copp stated that if and when Rt. 37 comes, the developer has done everything possible to lay the groundwork for that to happen. Chairman DeHaven called for public comments and the following persons came forward to speak: Mr. William (Bill) Dodson, a life-long resident of Frederick County, was concerned about the traffic impacts to the intersection of Tasker Road and Chinkapin, particularly the left-hand turn going towards Aylor Road. He said that motorists will continue to use Tasker Road south towards Rt. 522 to Front Royal and Rt. 66. Mr. Dodson was also concerned about the impacts to the school system and he expressed reservations about whether the infrastructure in the County could handle the proposed development. Ms. Nancy Sinback, representing the Top of Virginia Building Association, spoke in favor of the Crosspointe project. Ms. Sinback said that not only will this project have a significant positive impact on the local building community, but it will contribute to economic growth. She said that Glaize Developments has a long history of utilizing local builders, suppliers, and others within the community who work in the building industry. Ms. Sinback remarked that the majority of dollars produced by the Crosspointe Center will stay within this community, benefitting local building supply stores, restaurants, retailers, and car dealers, etc. She believed the Crosspointe project was a model for smart growth in Frederick County. Ms. Sinback added that the intended impact will allow Frederick County to build the necessary schools and fund services with dollars created through development. She further added that the proposed road plan should help to alleviate problems of the failing Rt. 37/ I-81 intersection. Mr. David (Dave) Ervin, a resident of Frederick County, spoke in support of planned developments in Frederick County, such as the Crosspointe Center proposal. Mr. Ervin believed the commercial and retail development proposed for Crosspointe Center will benefit the County with both tax Frederick County Planning Commission Draft Minutes of November 19, 2003 Page 1200 -10 - dollars, employment, and through the influx of dollars from surrounding communities. He hoped this new design trend would set a precedent for future development in Frederick County. Mr. Ervin endorsed the proposed project and the rezoning. Since everyone who wished to speak had been given an opportunity to do so, Chairman DeHaven closed the public corn ent portion or the meeting. Mr. John Foote returned to the podium to address the Tasker Road concern raised by Mr. Dodson. Mr. Foote said there are no specific road improvements proposed off-site south on Tasker. He said that the proposed improvements to Tasker will create fluid traffic movement and will have the immediate effect of loosening the flow of traffic to the south. He said the real relief will come when Warrior Drive is completed. Commissioner Thomas believed the project team had done an exceptional job putting together a good development plan; he noted that the applicant has complemented the road plan in the southern part of the County without precluding the development of Rt. 37, and they have also provided the synergy for that potential future development. Commissioner Thomas believed the concept of mixed use development with the commercial entity, creating a regional commercial center, will benefit all County residents from a tax base standpoint. Commissioner Thomas next moved to recommend approval of the rezoning. This motion was seconded by Commissioner Ours. Commissioner Straub agreed that this was one of the best planned developments she has reviewed, however, she pointed out that the Board of Supervisors just recently approved a 2,400 -home PUD in the Stephenson area. Commissioner Straub had concerns with the fact that the proposed development will generate over 1,000 school children, in addition to those created by the Stephenson Village development, and no provision has been made for a school site. She said that she approved of the commercial component, the walking trails, and the road system, but she would have preferred to see this development proposal come before the Board of Supervisors before the UDA was expanded to accommodate the Stephenson Village project. Commissioner Gochenour suggested that an amendment to the proposal, particularly in the Memorandum of Agreement, would be appropriate regarding the involvement of Federal agencies for the protection of environmental areas such as the Chesapeake watershed, the Opequon Creek and Hogue Run, and the wetlands. In addition, she stated that the environmental impact statement indicates four significant historical sites eligible for listing on the Virginia National Register of Historic Places and she believed the Virginia Department of Historic Resources should be consulted, before the Commission votes, to provide an opinion on the significance of these four sites and their views as to the impacts of the proposed rezoning. She said the proposed plan also calls for the construction of additional highways and if federal funds are involved, federal law requires consideration of the impacts on the historic sites and the avoidance or mitigation of the impacts. Commissioner Gochenour commented that VDOT should also consult with the Virginia Department of Historic Preservation and also obtain the approval of the Federal Secretary of Transportation before any federal funds are spent. She said that the entire focus of the Commission's discussion has been based on the roads, however, other aspects of this proposal need to be taken into consideration. Commissioner Gochenour further commented that consideration should be given to the infrastructure required to support this development, particularly, the school children that will be added without the provision of additional schools. Commissioner Ours hoped this development would set a precedent for the County because he believed it was one of the most comprehensive and well-designed plans he has seen in his tenure on the Commission. He believed the proposed traffic plan would have an extremely positive affect on the County's Frederick County Planning Commission Draft Minutes of November 19, 2003 Page 1201 -11 - transportation system for this area; he said that it provides the potential for interconnects where those potentials may not have existed before. He said that if Warrior Drive is completed, the traffic will be balanced between the two collector roads and should result in an improved traffic situation. Commissioner Ours commented that the prOJeCLe(1 numbers lUl llV1l1cJ and SChvvl children wiii not vwiir vv%iiiigl-it, but will w phased in throughout a ten to 15 -year period. He said that during the interim, adaptations can be made to the infrastructure to support biose numbers. In conclusion, Conunissioner Ours believed the proposed development would bring the type of commercial development Frederick County needs that is clean, that will provide jobs, and that will provide the revenue to forestall tax increases. By a majority vote, the Planning Commission recommended approval of the rezoning with the proffers as submitted by the applicant. BE IT RESOLVED, That by a majority vote, the Frederick County Planning Commission does hereby recommend approval of Rezoning #13-03 of Crosspointe Center, submitted by Gilbert W. Clifford & Associates, Inc., to rezone 574.37 acres from RA (Rural Areas) and B2 (Business General) to RP (Residential Performance) and B2 (Business General). Specifically, this application requests the rezoning of the subject acreage as follows: 175.62 acres from RA (Rural Areas) to B2 (Business General), 381.80 acres from RA (Rural Areas) to RP (Residential Performance), and 16.95 acres from B2 (Business General) without proffers to B2 (Business General) with proffers. The vote was as follows: YES (TO APPROVE): Watt, Unger, Morris, Light, DeHaven, Thomas, Ours, Kriz, Fisher, Triplett NO: Straub, Gochenour (Please Note: Coilunissioner Rosenberry was absent from the meeting.) Conditional Use Permit #09-03 of Milams Landscape, LLC, for a landscape contracting and retail nursery business on 2.50 acres of a 63.88 -acre tract of land in the RA (Rural Areas) Zoning District. This property is located at 1331 Cedar Creek Grade and is identified with P.I.N. 63 -A -ID in the Shawnee Magisterial District. Action - Recommended Approval Both Commissioner Unger and Chairman DeHaven said they would abstain from discussion and voting on this conditional use permit due to a possible conflict of interest. Planner Mark R. Cheran stated that the proposed use will have 29,250 square feet of outdoor storage areas for nursery stock and products; the outdoor storage will consist oftopsoil piles, mulch piles, trees, and flowers within the front and side yards; the rear property will contain outdoor storage of equipment and nursery stock for off-site landscape contracting; and, there will be 3,600 square feet of indoor storage within three greenhouses located in the front and rear of the property. Planner Cheran pointed out that the proposed use is to be located on property within the South Frederick Agricultural and Forestal District and the proposed Frederick County Planning Commission Draft Minutes of November 19, 2003 Page 1202 -12 - use is in compliance with the provisions governing Forest and Agricultural Districts established in the Commonwealth under the Code of Virginia. Planner Cheran next read a list of four conditions to be placed on the conditional use permit, should the Planning Commission find the use to be appropriate. Mr. Michael M. Milam of Milam's Landscape, LLC, came forward to answer questions from the Commission. Mr. Milani requested that the Commission consider increasing the permitted sign size from 25 square feet to 50 square feet, allowing two 4' X 6' signs facing Cedar Creek Grade. Planner Cheran pointed out that the language used for the sign size is identical to that placed on another conditional use permit approved on property adjacent to Cedar Creek Grade (Homespun), and has been used as a benchmark for sign size in the rural areas. Commissioner Morris inquired if Mr. Milam would continue to operate his current business on Rt. 50 West. Mr. Milam replied that he was leasing that property and has received notice from the property owner to relocate. Vice Chairman Thomas called for public comments, however, no one came forward to speak. Connnission members were not in favor of increasing the sign size requested by the applicant because of the property's location within the Roundhill Community Center, however, they did find the use to be appropriate with the conditions recommended by the staff. Upon motion made by Commissioner Ours and seconded by Cominissioner Straub, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit 409-03 of Milams Landscape, LLC, for a landscape contracting and retail nursery business at 1331 Cedar Creek Grade, on 2.50 acres of a 63.88 -acre tract of land in the RA (Rural Areas) Zoning District, with the following conditions: All review agency comments and requirements shall be complied with at all times. An engineered site plan shall be submitted to and approved by Frederick County prior to using the site for the landscape contracting and retail nursery use. All improvements identified on the improved site shall be completed prior to operating the business from this site. One non -illuminated freestanding business sign shall be allowed along Cedar Creek Grade (Rt. 622); sign shall be limited to 25 square feet in area. The sign shall not exceed six feet in height. 4. Any expansion or change of use will require a new conditional use permit. (Commissioner Unger and Chairman DeHaven abstained; Commissioner Rosenberry was absent.) Frederick County Planning Commission Draft Minutes of November 19, 2003 Page 1203 -13 - Request to expand the Urban Development Area (UDA) by approximately 350 acres, submitted by Willis White and others. The site includes six parcels of land currently zoned RA (Rural Areas) District. The subject site is located adjacent to and west of the City of Winchester, east of Route 37, and adjacent to and south of Merriman's Lane (Route 621). The proposed expansion area is connected to Cedar Creek Grade (Route 622) by one parcel. The subject properties are identified by Property Identification Numbers 53-A-91, 63-2A, 53-A-92, 53 -A -92A, 53 -A -92B, 53-A-90, 53-A-94, 53-3-A1 and 53-A-95, and are located in the Shawnee Magisterial District. Action - Recommended Approval Commissioner Unger said that he would abstain from discussion and voting on this item, due to a possible conflict of interest. Senior Planner Abbe S. Kennedy stated that on May 12, 2003, staff received a request from Willis White, manager of Willow Grove, LC, and Kenneth Marshal, owner of Pembroke Cove Properties, LLC, and three additional property owners to consider a request to expand the Urban Development Area (UDA) by approximately 350 acres, which is currently zoned RA (Rural Areas). Planner Kennedy said that the property owners contend that their lands are better suited for the suburban development enabled by inclusion in the UDA as opposed to remaining in agricultural land use. She said the subject site is entirely outside of the existing UDA and the Sewer and Water Service Area (SWSA). She reported that the Comprehensive Plans and Programs Subcommittee (CPPS) considered and endorsed this request at their meeting of July 14, 2003. Following discussion by the Planning Commission and the Board of Supervisors, the staff was directed by the Board of Supervisors to schedule the request for a public hearing as soon as a small area land use plan was drafted for this site. Planner Kennedy said that Greenway Engineering, the property owners' representative, developed a draft land use plan and draft policy language for the area and this draft plan is entitled, the Western Juba] Early Land Use Plan. Planner Kennedy next reviewed the draft language with the Commission and also spoke about the intended land use, patterns of development, developmentally sensitive areas (DSA), and transportation issues. Mr. Willis White, one of the property owners, thanked the CPPS, the Planning Commission, the Board of Supervisors, and the Planning staff for their support and the positive input they have provided. Mr. White said they have been asked by the Board of Supervisors to prepare a land use plan for probable development, which will be presented by Mr. Evan A. Wyatt of Greenway Engineering. Mr. Evan A. Wyatt, of Greenway Engineering, presented the draft Juba] Early Land Use Plan and language to the Commission. Mr. Wyatt noted that this conceptual land use plan was put together in a design relationship with the County Planning Staff, the City Planning Staff, the City Engineering Staff, as well as, Mr. James Lawrence, a local environmentalist used for his expertise on the treatment of the Abrams Creek Corridor and Whites Pond, as well as the Green Circle. Mr. Wyatt stated that this land plan promotes the continuation of urban and suburban development that is existing immediately to the east and to the north of this project. He described the proposed residential and commercial land uses, the transportation, and the DSA. He added that the White family wishes to retain about a 50 -acre portion, which contains areas for future residential land use, but, more importantly, area for the Whites Pond -Abrams Creek Environmental Corridor. Mr. Wyatt further added that the Winchester Public Utilities Department has provided a letter indicating that they would be interested in providing water and sewer service to this area, subject to the Frederick County Sanitation Authority allowing them to do so. Mr. Wyatt concluded his presentation by stating that property Frederick County Planning Commission Draft Minutes of November 19, 2003 Page 1204 -14 - owners to the south of the subject site are owned by the Solenberger family and the Bridgeforth family; both families have provided letters of support for the conceptual land plan. Commissioner Ours recalled that when the City of Winchester addressed the issue of the Jubal Early Drive expansion, it was turned down. Mr. Vincent DiBenedetto, the City of Winchester's Liaison to the Planning Commission, stated that the issue raised in 1999 was strictly one as to whether or not the money avaimble at that time, should be used for the expansion. Mr. DiBenedetto said the extension of Jubal Early out to Rt. 37 still remains a part of the City's Transportation Plan and is fully supported by the City. Commissioner Straub inquired if the cost of the Jubal Early Drive extension would be borne by the developer or VDOT. Mr. Wyatt said that the right-of-way will be provided for the east -west connection through the subject properties and, if they get the opportunity to bring a rezoning forward, a traffic impact analysis would be done to determine improvements needed by the developer. He said that the potential may exist to utilize revenue sharing program funds. Commissioner Straub also inquired about how the portion of Jubal Early that runs through the DSA would be handled. Mr. Wyatt replied that Mr. Jim Lawrence has given them some recommendations on how these areas could be treated. Chairman DeHaven called for public comments and the following persons came forw speak: Dr. Woodward Bousquet, a resident at 17 East Leicester Street in Winchester, said that his property is a part of the Abrams Creek Watershed, the upper reaches of which are located where the West Jubal Early Drive study area is located. Dr. Bousquet, a professor of environmental studies and biology at Shenandoah University, said that he was involved in establishing the Abrams Creek Wetlands Preserve and the Green Circle Trail. Although he did not wish to comment either in favor or opposition to the request, he stated that he has spent a considerable amount of time studying the wetlands on the White's property with his students at Shenandoah University. Dr. Bousquet offered three recommendations for the Commission to consider in their consideration of the DSA. First, he recommended that actual wetlands boundaries be delineated on the ground so they could be exactly identified. Second, he recommended protection of the existing wetlands through setbacks from wetlands boundaries and any other environmentally -sensitive features. Third, he recommended that a plan be developed to actively monitor and manage the environmentally -sensitive area as a natural preserve. He suggested that the area might be added to Winchester's existing 25 -acre Abrams Creek Wetlands Preserve and managed jointly. Mr. Thomas Oliver, a resident on Breckinridge Lane in the City of Winchester, agreed with the comments made by Dr. Bousquet. Mr. Oliver was also involved in the establishment of the Abrams Creek Wetlands Preserve and he encouraged the Commission to consider adding the White's property wetlands to the Abrams Creek Preserve to create a large, continuous wetland area for water quality preservation and to create parkland for use by future generations. In addition, Mr. Oliver questioned the need for a new interchange on Rt. 37 and he expressed concern for how Merriman's Lane would handle the increased traffic. Deputy Director Mohn commented that the staff believed the need for an interchange was significant to ensure a regional improvement that will accommodate the traffic needs for the entire area. Furthermore, although the planning staff had no problem with the applicant's long-range plan indicating a potential north -south major collector road across adjoining properties, he pointed out that those properties are currently protected by their inclusion in the Agricultural District. He said that in order to avoid any contradiction of policies, the staff recommends postponing the addition of this improvement to the policy Frederick County Planning Commission Draft Minutes of November 19, 2003 Page 1205 -15 - document until those properties are withdrawn from the Agricultural District. Commissioner Morris commented that Merrimans Lane is a major bicycle route for cyclists getting out of the City and into the rural areas. Commissioner Fisher commented that looking at this in the long term; it makes sense to place the property within the UDA, however, he still had numerous concerns dealing with the transportation issues, the rate of growth in the County with the number of units proposed here, and the actual boundaries of the wetlands areas. Commissioner Fisher noted that some traffic advantage may be obtained, but he did not believe the overall transportation plan would benefit with just this connection to Merrimans Lane. Commissioner Ours asked Mr. Wyatt if he could speak to the potential for connectivity into this area from some of the existing adjoining neighborhoods, such as Orchard Hill. Mr. Wyatt believed there was potential connectivity around the perimeter, although those issues usually come out as part ofthe rezoning application. Mr. Wyatt said that with conceptual land use plans, the County has typically focused on the primary corridors and the major collector road corridors, which is in keeping with this plan. Regarding Mr. Bousquet's comments regarding wetlands, Mr. Wyatt said that the wetlands areas shown on their plan exceed what is normally designated on the National Wetlands Inventory Map. He said that as a precursor to examining the property, they've already conducted Phase I environmental and wetlands analysis work. Commissioner Ours advised that the best opportunity for the Commission to achieve commitment and provide input on the DSAs would be at the rezoning stage. Deputy Director Mohn agreed. Commissioner Morris stated that while he had significant issues that would no doubt come up at the rezoning level, he believed the inclusion of the Jubal Early extension with a potential connection to Rt. 37 was paramount to the Western Jubal Early Land Use Plan and inclusion of this property within the UDA. Commissioner Morris then moved for approval of the UDA Expansion request and this motion was seconded by Commissioner Kriz. Commissioner Kriz inquired if the motion also included the Western Jubal Early Land Use Plan. Commissioner Morris replied yes. Commissioner Kriz concurred with his second. Chairman DeHaven reiterated the motion as follows: The motion and second is for a recommendation of expansion of the UDA as requested and adoption of the land use plan as submitted. Commissioner Morris believed there was no better natural boundary for the UDA expansion. He said Rt. 37 is a natural boundary and this land fits perfectly within the UDA. Commissioner Thomas believed this was an appropriate area for UDA expansion and the time will come for that area to be developed. However, Commissioner Thomas said that at this point in time, he would not vote favorably for a rezoning without a connection of Jubal Early into Rt. 37 because otherwise, the area is so transportation challenged, nothing could be done with the traffic there. He said there must be a connection or some way to get the north -south traffic out of the area. Deputy Planning Director Mohn asked if the Commission could clarify in their motion the Cominission's intention regarding an interchange with Rt. 37. Deputy Director Mohn sensed this was Frederick County Planning Commission Draft Minutes of November 19, 2003 Page 1206 i9r►� something that was desired by the Commission. Commissioner Morris said that he would include that in his motion and Commissioner "z concurred with his second. Cr_ __ 1`n_ ___. -rU_ —_�___ a Chairman DCI7aVGIi reiterated the 1l1oJt relierlt 11iot1V11 as LI�uV�NJ. 1LG 11IV11U11 QA1LL second 1J now for a recommendation of approval of the UDA expansion as requested and the adoption of the land use plan wit, a full interchange w1t11 nt. -�I and Juua1 Lary. Corrunissioner Morris and Commissioncr Kriz concurred that was the intent of their motion and second. VDOT's representative, Mr. Jerry Copp, was consulted to determine if there was adequate land available to create the interchange and Mr. Copp replied that there was. Commissioner Gochenour was in favor of what has been requested by the Whites, however, she was concerned that the motion was to include Jubal Early Drive and the interchange. She did not see why this needed to be a part of the UDA Expansion. Commissioner Thomas stated that he would like to amend Commissioner Morris' motion and have the Commission just recommend approval of the UDA expansion request, separate it from the land use plan, and have the land use plan just as an informational submittal. This motion was seconded by Commissioner Ours. The vote was unanimous to amend Commissioner Morris' original motion. Chairman DeHaven advised that the amended motion is a recommendation to approve the UDA Expansion Request and to accept the Land Use Plan as submitted for information only. The vote was unanimous for approval. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the request to expand the Urban Development Area (UDA) by approximately 350 acres, submitted by Willis White and others. The site includes six parcels of land currently zoned RA (Rural Areas) District. The subject site is located adjacent to and west ofthe City of Winchester, east of Route 37, and adjacent to and south of Merriman's Lane (Route 621). The proposed expansion area is connected to Cedar Creek Grade (Route 622) by one parcel. The subject properties are identified by Property Identification Numbers 53-A-91, 63-2A, 53-A-92, 53 -A -92A, 53 -A -92B, 53-A-90, 53-A-94, 53-3-A1 and 53-A-95, and are located in the Shawnee Magisterial District. (Please Note: Conunissioner Unger abstained. Commissioner Rosenberry was absent from the meeting.) OTHER BYLAWS REQUIREMENT Chairman DeHaven announced that the Planning Commission's Bylaws prevent the Commission from considering any additional action items after 10:30 p.m., therefore, agenda item numbers 10 and 11 will not be discussed this evening and will be forwarded to the Commission's next meeting. Frederick County Planning Commission Draft Minutes of November 19, 2003 Page 1207 -17- 2004 PLANNING COMMISSION RETREAT Chairman DeHaven announced that the Planning Commission's 2004 Annual Retreat will be held on February 14, 2004. (Please note that this date has since been changed to February 7, 2004.) JOINT WORKSESSION WITH CLARKE COUNTY PLANNING COMMISSION Chairman DeHaven announced that the Clarke County Planning Commission has requested a joint work session with the Commission to discuss the Rt. 522 Double Tollgate area. The consensus of the Commission was to accommodate the Clarke County Planning Commission's request. ADJOURNMENT at 10:50 p.m. By a unanimous vote, the meeting of the Frederick County Planning Commission adjourned Respectfully submitted, Charles S. DeHaven, Jr., Chairman Eric R. Lawrence, Secretary Frederick County Planning Commission Draft Minutes of November 19, 2003 Page 1208 • • J 4`cK COG CONDITIONAL USE PERMIT #10-03 4w �� ALFRED CHAPMAN, JR. Staff Report for the Planning Commission Meeting Prepared: December 22, 2003 � Staff Contact: Mark R. Cheran, Planner This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. Planning Commission: Board of Supervisors: Reviewed Action 01/07/04 Pending 01/28/04 Pending LOCATION: This subject property is located at 2960 Millwood Pike. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 77-A-13 PROPERTY ZONING & PRESENT USE: RA (Rural Areas) Zoning District Land Use: Country store ADJOINING PROPERTY ZONING & USE: RA (Rural Areas) Zoning District Land Use: Vacant, Residential, and Private Outdoor Recreation Club PROPOSED USE: Country store with outdoor display and sales area, and 400 square feet to be added to the existing structure. REVIEW EVALUATIONS: Virginia Dept. of Transportation: The application for a conditional use permit for this property appears to have a measurable impact on Route 50, the VDOT facility which would provide access to the property. Prior to operation of the business, a commercial entrance must be constructed to our minimum standards to allow for safe egress and ingress of the property. Any work performed on the State's right-of-way must be covered under a land use permit. The permit is issued by this office and requires an inspection fee and surety bond coverage. CUP # 10-03 December 22, 2003 Page 2 Inspections Department: See back of comment sheet. Fire Marshal: No known factors affecting fire and rescue services by continuing under the current use and structures. New construction will require upgraded fire protection sources. Health Department: Health Department has no objection to request. Planning and Zoning: This application is in response to a zoning violation complaint that staff received. The applicant was cited for expanding a non -conforming use by adding outdoor display areas, and obtaining a Conditional Use Permit is an available option to resolve this violation. This country store has been in operation since the early 1960's and has not included outdoor display areas. The Frederick County Zoning Ordinance allows for expansion of a non -conforming use, with an approved Conditional Use Permit. The applicant proposes to add an outdoor display area for the sale of figurine yard statues and other outdoor products. The applicant also proposes to add approximately 400 square feet to the existing country store. Staff would recommend any new signage be limited to one (1) illuminated freestanding business sign; not exceed fifty (50) square feet in area, and ten (10) feet in height along the frontage of Millwood Pike (Rt.50). An engineered site plan approved by the County will be required; this site plan must show all improvements to this site. The site plan shall be in conformance with all requirements of the Frederick County Zoning Ordinance. STAFF CONCLUSIONS FOR THE 01-07-04 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. An engineered site plan shall be submitted to and approved by Frederick County prior to establishment of the outdoor display areas and expansion of the country store. All improvements identified on this site shall be completed prior to operating the business. 3. Any new signage will be limited to one (1) illuminated freestanding business sign; not to exceed fifty (50) square feet in area and no higher than ten (10) feet in height along the frontage of Millwood Pike (Rt. 50). 4. Outdoor display area shall not exceed 1000 square feet in area. 5. No on site vehicle fuel sales allowed. 6. Any expansion or change of use will require a new Conditional Use Permit. REQUEST FOR CONDITIONAL USE PERMIT COMMENTS RECEIVED Frederick County Inspections Department Attn: Building Official 107 North Kent Street Winchester, Virginia 22601 j,J��1CWORet�i��.��"' (540) 665-5650 The Frederick County Inspections Department is located at 107 North Kent Street, 4th Floor of the County Administration Building in Winchester, if you prefer to hand deliver this review. Applicant's name, address and phone number: a!%J Z26 Q L[� —C� G� % l4 Name of development and/or description of the request: i7 Location: Al Inspection Department Comments: Code Administrator Signature & Date: (NOTICE TO INSPECTIONS DEPT. *PLEASE RETURN THIS'FORM LI NOTICE TO APPLICANT it is your responsibility to complete this Corm as accurately as possible in order to assist the agench with their review. Also, please attach a copy of your application form, location map and all other pertinent information. Building addition shall cftply with The Virginia Uniform Statewide Building Code and section 309, use group M (Mercantile ) of the International Building Code/2000. Other code that apply are CABO A117.1-98 Accessible and Usable Buildings and Facilities. Please note section 3408.6 of the IBC for Alterations and Additions (the ADA 20% rule for accessibility), and section 112.1.4 Asbestos inspection of Building of The VUSBC. All required man egress doors shall comply with accessibility under chapter 11 of the IBC and CABO Al 17.1-98_ 77 A 12 DICK i \ 77 5 8C 77 A 72 \\ ARONHALT WINCHESTER WALTON CLUB n A 73 cw,y clk B BAR \ ! 77 A 69 / STEFFES / 1 n 5 7A i TOTTEN CUP #10-03 � ' , � ALFRED CHAPMAN, JR 77 A 68 PIN: '\ 77 A 14# DYKE 77—A— 13 i \ i FAUVE5 77 A 14 w e FAUVER / \ i 0 90 Feet Submittal Deadline P/C Meeting BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA _&e' /--' 3 .1 If ZY 1. Applicant (The applicant if the vl� owner other) NAME: _ /`7 !`�F"N�/ A O�Q,pJnaGr.-) - + ltt.ne- "? da-Lpmec y ADDRESS: Ale�a ko"Ac GL),6de' '4�-' 144 �-2-6,0Z TELEPHONE SSIO " d i�;? ` //6 2. Please list all owners, occupants, or parties in interest of the property: 3. The property is located at: (please give exact directions and include the route number of your road or street) 60 %T�°CLc��n O<tl<� 4. The property has a road frontage of 3 feet and a depth of 221 feet and consists of /dS. y acres. (Please be exact) 5. The property is owned by as evidenced by deed from AL1 /N lel/LSC�N_ recorded (previous owner) in deed book no. on page '77,?, , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. Tax(Parcel)Identification (I . D .) No. _% Magisterial District Current Zoning r� 7. Adjoining Property: USE ZONING North re Les%i'1 -, ?) ca'j 1leLI- -1 f- �6 ccLIV H� East 129 South dn'v h r. �Tj 3. The property is located at: (please give exact directions and include the route number of your road or street) 60 %T�°CLc��n O<tl<� 4. The property has a road frontage of 3 feet and a depth of 221 feet and consists of /dS. y acres. (Please be exact) 5. The property is owned by as evidenced by deed from AL1 /N lel/LSC�N_ recorded (previous owner) in deed book no. on page '77,?, , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. Tax(Parcel)Identification (I . D .) No. _% Magisterial District Current Zoning r� 7. Adjoining Property: USE ZONING North VA ccs n� /Z 4 East 129 South A !j West R z s- i s e-Fc4,LL- /111 W S. The type of use proposed is (consult with the Planning 1 before completing)_ iyn da`-+- A a-�``C-e4- 6J QUee� J2,JErtF L ir,U Silt /i e� t Lr k°�isuJ' %� �e4 v�y Cat- ► IC r c�i ,r, a 9. It is proposed that the following buildings will be constructed: ,4 d o PI s�uS�)Letk-c W `,. "V 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property where the requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this application: NAME I &#"10EV C-, ADDRESS PROPERTY ID# 7 7 — S NAME S®i'[ cat � � ctYe t�YADDRESS PROPERTY ID# r%7 NAME f C L. erg ��' ADDRESS PROPERTY ID# NAME ZF �'� (; /TCCVM 61 �p � PROPERTY ID# NAME �tUo�=1� (�/1�l`S�i �rr✓ �< PROPERTY ID# NAME ju�-) s urf T + A rte es PROPERTY ID# —77-A- 6L g:lf/ 1�t TIT Z"ZG o.-> 41it(410da" R`ke �- ADDRESS ADDRESS I' ADDRESS NAME �"``�eS l�Gh� ADDRESS PROPERTY ID# 7-7-4 NAME err ,Lo He k ADDRESS PROPERTY ID# 7 -A Lv�i'i�kcd G' ZZ 6a Z ' l Y? A; � ` i e 1.14 1,eji err V'4 22.66z NAME (Nrtac�lpJV �LZAakG�� t`5 ADDRESS PROPERTY ID# ,.V41t),F'K— NAME L � fl�%?2i�/� � ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY IDI NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# 11. Please use this page for your sketch of the property. Show proposed and/or existing structures on the property, including measurements to all property lines. 12. Additional comments, if any: j e",p �Y�E 1uce .d e 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. 1-2 Signature of Applicant Signature of Owner Owners' Mailing Address Owners' Telephone No. TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: COG CONDITIONAL USE PERMIT #11-03 ROBERT M. BAYLISS DYNAMITE DIGITAL TV Staff Report for the Planning Commission Meeting °gine Prepared: December 22, 2003 Staff Contact: Mark R. Cheran, Planner This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. Planning Commission: Board of Supervisors: Reviewed Action 01/07/04 Pending 01/28/04 Pending LOCATION: This subject property is located at 4323 North Frederick Pike. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 30-A-118 PROPERTY ZONING & PRESENT USE: RA (Rural Areas) Zoning District Land Use: Business ADJOINING PROPERTY ZONING & USE: RA (Rural Areas) Zoning District Land Use: Vacant and Residential PROPOSED USE: Re-establishing a legally non -conforming use of lesser impact: TV Satellite (Dish) Network Sales Office. REVIEW EVALUATIONS: Virginia Dept. of Transportation: The application for a conditional use permit for this property appears to have little measurable impact on Route 522 the VDOT facility which would provide access to the property. Existing entrance is adequate for proposed use. However, should use ever expand in the future, the entrance may have to be upgraded to VDOT minimum commercial standards. Inspections Delartment: See attached comment sheet Fire Marshal: Plan approval recommended. Health Department: Health Department has no objection to request. Planning and Zoning: This application is in response to a zoning complaint that staff received. The applicant was cited for re-establishing a non -conforming use without obtaining a Conditional Use Permit (CUP). This property has been used as a restaurant as early as the 1970's and as late as 2001. The proposed use for a satellite TV network office would be a lesser impact on the surrounding community than a restaurant use. In accordance with Section 165-150 of the Frederick Zoning Ordinance, a legally non- conforming use that has been discontinued due to abandonment and may be re-established by obtaining a Conditional Use Permit (CUP). This proposed office use will have only three (3) employees on site and two (2) business vehicles associated with this use. There will be no retail activity located on site. The customer base is managed over the telephone, with no more than five (5) customers at any one time on site. Staff would recommend that any new signage be limited to one (1) illuminated free-standing business sign, not to exceed fifty (50) square feet in area, and ten (10) feet in height along the frontage of North Frederick Pike (Rt. 522). STAFF CONCLUSIONS FOR THE 01-07-04 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. An engineered site plan shall be submitted to and approved by Frederick County. All identified improvements shall be installed within six (6) months of CUP approval. All parking shall be in compliance with zoning district standards. 3. No more than five (5) customers at any one time allowed on site. 4. No outdoor storage of equipment or materials will be permitted on site. 5. No more than two (2) business vehicles allowed at this site. 6. Signage shall be limited to one (1) illuminated free standing business sign; not to exceed fifty (50) square feet in area and ten (10) feet in height along the frontage of North Frederick Pike (Rt. 522). Any existing signage shall be removed. 7_ Any expansion or change of use will require a new Conditional Use Permit. REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Frederick County Inspections Department Attn: Building Official 107 North Kant Street Winchester, Virginia 22601 (540) 665-5650 The Frederick County Inspections Department is located Kent Street, 4th Floor of the County Administration Winchester, if you prefer to hand deliver this review, Applicant's name, address and phone number: RECEIVED AMUCK W PODUC WORK & INS at 107 North Building in �J ti+�sr,j AJ i`Y�d�Y'ie9 P�/�R c�iJ,J��s'%,�rZy� ��Go.a 6g6S(�D/ Name of development and/or description of the request: Location: A i e it R 1 �I'7 r `� .fr'I i� %.c..5 /LJ �� [.�.�`%� .�',� .��t :� ILS � U �. i^�,�# 5.5 GyvcJ 1+...!-/ �� •vcl Inspection Department Comments: Code Administrator Signature & Date: (NOTICE TO INSPECTIONS DEPT. *PLEASE/, NOTICE TO APPLICANT S FORM TO &MI Wd It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form, location map and all other pertinent information. Existing buildings shalt comply with The Virginia Uniform Statewide Building Code and.section, 304, use group B (Business), of the International Building Code/2000. Other Code that applies is CABO Al 17.1-98 Accessible and Usable Buildings and Facilities. Please submit two sets of Floor plans at the time of change of use permit application. ? 522 THE 30RD WAY, A 45G C �� A „e O BROWN 30 A 117 CUP# 11-03 Dynamite Digital TV PIN: WARZINSKI 30 A 129 30 -A -118 N W H S LETM 0 60 120 Feet i Al p +r, � 1 9 t ' • WA � a��Yir,,''Ci`&'nF fie' � ij � r, v_C!rc 4 :'.�'� �e ;"..s, � 9 F'+, •E ft 1� , , 1 S. `x r ■■■ ti ur ■■■■■ ,r son i so . ,. .. •- �t.. Olson Submittal Deadline P/C Meeting BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Annlicant (The applicant if the _ A 1 d p NAME: ADDRESS: L/3:2,3 17 owner other) TELEPHONE —,5rq,5 W & G / (V7 i u 7 3 e3 i-, iv 2. Please list all owners, occupants, or parties in interest of the property: 3. The property is located at: (please give exact directions and include the route number of your road or street) i s ih-R' k•4 L nY' 4 . The property has a road frontage of !D J .3. (, gd__ _ feet and a depth of j4,c, -! 31 feet and consists of . i 9 acres. (Please be exact) 5. The property is owned by �l�an? &Ag4I;ss as evidenced by deed from '.-iU A1,' - tc! ea !/a c -e recorded (previous owner) in deed book no. qa6 on page po e, o E/ �7__ , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. Tax (Parcel) Identification (I . D.) No. Magisterial District 6-'A c Current Zoning RA 7. Adjoining Property: USE ZONING North LAdl,cr East &CAA.17- K iI South r✓ell A -11r / /� West T 5 AJ WJ 3, -e- o U i s ih-R' k•4 L nY' 4 . The property has a road frontage of !D J .3. (, gd__ _ feet and a depth of j4,c, -! 31 feet and consists of . i 9 acres. (Please be exact) 5. The property is owned by �l�an? &Ag4I;ss as evidenced by deed from '.-iU A1,' - tc! ea !/a c -e recorded (previous owner) in deed book no. qa6 on page po e, o E/ �7__ , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. Tax (Parcel) Identification (I . D.) No. Magisterial District 6-'A c Current Zoning RA 7. Adjoining Property: USE ZONING North LAdl,cr East &CAA.17- K iI South r✓ell A -11r / /� West T 8. The type of use proposed is (consult with the Planning Dept. before completing) Tj v s are -i i , CD1sh) V.&'rLQd YK IA I -E'> 9. It is proposed that the following buildings will be constructed: 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property where the requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this application: NAME -Tiq Lt J' a zsw a A r ip-j j` PROPERTY ID#`7 NAME •• PROPERTY ID#3 e iq / 2 9 ADDRESS IIAI LTneWse> ,o a v g ® 0 ? 9jF/ -►, dW i eZ7- ADDRESS testi - NAME &A R i �i A fq _ �?7 e* j t1 l i ADDRESS (,� ;,,, �h � �Tt �e o- � a 2 6 t> 3 PROPERTY IDI 3 0 - /9 ~ / Ll 5-- g � � � � e, i1 w,9-,0- A h NAME 776C M-11-4 Wt ADDRESS PROPERTY ID# 3[7 A 14, em-- a v o NAME s ADDRESS PROPERTY ID# '30 - 1V NAME PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# ,DRESS ADDRESS ADDRESS ll. 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. SHOWN HEREON AND THAT THERE ARE N OTHER THAN THOSE SHOWN IUM ISnrMTS OP. MC-ROACTW.,ZNTS VISIBLE ON THE GROUND ROSERS 7351620 N 44037'(36"W 297. g6 `_ -.. -- A� cs irat: x h p or C c o H �ahed m � Ilk- o `* m to drhrt�roq oil m ci CJ y m CO Q� dsck v w c c:) j o o a ao �►�j $had 'r -:i 34,559 SQ. FT. o C= �j It 4329 CO cr Q can Cly Ui'- ?a Lu _ p GRAVE. PAFtmmrr AREA 3 v t---• _ ;ine z � a � �W LEL06-1..s ►- Ivp NORTH FREDERICK PIKE (WIDTH VARIES lr BUILDING Lnwcxrl0N SURVEY .,..� pw -FURSTENL IAU SURIVilEYI G .111 SOUTH LOUDOUN STREET �WINCHESTER't VIRGINIA (540) 6*62P93 23 LAND (IF T ON I E M. W'AL.ALE GRINE580R0 OISTRTCT FREDERICK COUNTY, VIRGINIA DAMWARCH 17, 1998 . 110.1455 TM. 30. �A-I I9 - � c�11 AEEO REF. D13. 874 P. ' �9k. J'D SUgq� Judge Edwards first built this building in late 40's. Purchased by Mr. Clay Rogers in 1954 or 1955. Building moved to new foundation when 522 North was changed from a two- (2) lane to a four- (4) lane highway. Many previous businesses such as a county store — gas station, bar and grill, restaurant, restaurant/lounge and dairy shop. This property consists of .79 acres with a previous approval by VDOT consisting of a cross over leading into the property with large entrance and exit. 12. Additional comments, if any: I (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Signature of Applicant Signature of Owner Owners' Mailing Address Jgo '�-,�,,,�� s 1,,y w -e- ir,o" k s� i�� 41<-- 2 2. 4 3 Owners' Telephone No. CS`yp? g7 f d '7 '3 TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: CO Special Limited Power of Attorney County of Frederick, Virginia r Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By Those Present: That I (We) (Name) (Phone) '? i /e 7 3 (Address) Cc) , �. �H Y � ►� (%�_ � � 6 � � 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. 94oC on Page C d c) q 2 , and is described as 3,0 1q- '/ Parcel: Lot: Block: Section: Subdivision: do hereby make, constitute and appoint: (-5410)' f °f (Name) e 'v 4 /,Y-' (Phone) 35 3/6 o I (Address) 4/3 �23 11 , r%,ef /-C p i ed, -,,,e h - s F, r- 4J 2 9-t z, 3 To act as my true and lawf7ul 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 applications for my (our) above described Property, including: ❑ Rezoning (including proffers) N Conditional Use Permits ❑ Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan 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. _t In witness thereof, I (we) have hereto set my (our) hand and seal this,-qo day of 200 3 , Signature(s) State of Virginia, City/County of/ p F/'_>' c /C , To -wit: I, pl 2 a Notary Public in and for the jurisdiction aforesaid, certi that the person(s) who signed to the foregoing instrument personally appeared before me and has acknowledged the same before mein the jurisdiction aforesaid thisday of .jii . , 2003 . 67 1 Notary Pub My'Commission Expires: 5 �. UABev\Special Limited POA.wpd 4`c� oar CONDITIONAL USE PERMIT #12-03 SHARED TOWERS/REYNOLDS STORE TOWER (Revision of CUP #13-02) Staff Report for the Planning Commission Meeting °' nF Prepared: December 22, 2003 Staff Contact: Mark Cheran, Planner This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. Planning Commission: Board of Supervisors: Reviewed Action 01/07/04 Pending 01/28/04 Pending LOCATION: This subject property is located at 8840 North Frederick Pike. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 11-A-39 PROPERTY ZONING & PRESENT' USE: RA (Rural Areas) Zoning District Land Use: Residential ADJOINING PROPERTY ZONING & USE: RA (Rural Areas) Zoning District Land Use: Residential, Agricultural, Cemetery, Church and Vacant PROPOSED USE: 195 -foot high lattice -type telecommunications facility REVIEW EVALUATIONS: Virginia Dept. of Transportation: The application for a conditional use permit for this property appears to have little measurable impact on Rt. 522, the VDOT facility which would provide access to the property. Existing entrance is adequate for proposed use. However, should use ever expand in the future, the entrance may have to be upgraded to VDOT minimum standards. CUP # 12-03 December 22, 2003 Page 2 Inspections Department: Structures shall comply with The Virginia Uniform Statewide Building Code Code and Section 312, Use Group U (Utility) of The BOCA National Building Code/1996. Please note Chapter 17 of BOCA for special inspection requirements for this type structure (concrete/bolt testing, etc.) Fire Marshal: Maintenance of roadway for emergency vehicle access. 14.5 foot vertical clearance and entire width per NFPA. Roadway requirements allow for enhancement of Rural Fire Protection in Wildland Fire Control. Plan approval is recommended. Winchester Regional Airport: Please see attached letter from Serena R. Manuel, Executive Director, dated 10/22/01. Health Department: No comment Public Works/Engineerin : Disturbance of more than 10,000 s.f. will require an erosion and sediment control plan and a land disturbance permit. This land disturbance include access roads and site development. Planning and Zoning: This application is a request to revise a condition previously placed on Conditional Use Permit #13- 02. The condition stated that: "5. In the event a telecommunications tower is not erected within twelve (12) months of the approval of this Conditional Use Permit, then the CUP will be deeded invalid." Conditional Use Permit #13-02 was approved by the Board of Supervisors on January 8, 2003. Therefore, condition #5 requires that the tower be erected by January 7, 2004. The applicant does not believe that the tower will be erected by the anniversary date of the CUP approval, and has requested that this condition be revised to allow for an additional 12 months. Background In late 2001, the applicant ("Shared Towers, Inc.") submitted four (4) Conditional Use Permit applications for telecommunication towers to be constructed along the Route 522 North corridor. Shortly after Shared Towers, Inc. submitted the CUP applications, another applicant (SBA Properties/Triton PCS) submitted three (3) CUP requests for competing sites along the corridor. Both applicants provided documentation illustrating that the existing telecommunication network along the Route 522 North corridor was inadequate, and that additional towers were warranted. The Board of Supervisors ultimately granted the CUP tower requests to Shared Towers, Inc. following extensive discussions with both Shared Towers, Inc. and SBA Properties/Triton PCS. A condition was placed on the approved Shared Towers, Inc. requests stating the towers were to be CUP # 12-03 December 22, 2003 Page 3 constructed within a 12 -month period. It was believed that if the tower was not constructed, this condition would enable the County to reevaluate the applicant's proposal, as well as the applications submitted by SBA Properties/Triton PCS. At the request of SBA Properties/Triton PCS, Board action on the three (3) SBA Conditional Use Permit applications had been deferred. These three applications were withdrawn by the applicant on October 29, 2002. Therefore, there are currently no competing applications to erect communication towers at this location. The original Conditional Use Permit for the Reynold's Store site was granted on January 23, 2002 (CUP #20-01). On January 8, 2003 the Board of Supervisor's granted a time extension to enable the applicant additional time to construct the tower (CUP 413-02). As of December 22, 2003, the telecommunications facility has not been constructed. Therefore, an additional time extension has been requested (CUP412-03) and will be considered by the Planning Commission on January 7, 2004. Site Plan One condition placed on the approved Conditional Use Permits, was that a site plan be submitted and approved by the County. This site plan illustrates the tower's location on the property, setbacks, screening, and access. The site plan associated with the Reynolds Store Tower was approved on May 17, 2002. Approval of the site plan enables the construction of a 195 -foot lattice telecommunications tower, so long as the tower is constructed within the Conditional Use Permit's designated time frame. STAFF CONCLUSIONS FOR THE 1-07-04 PLANNING COMMISSION MEETING: Staff believes that this application for a Commercial Telecommunication Facility has adequately addressed the requirements of the Zoning Ordinance in that need for this facility, based on a lack of coverage and capacity in this part of the County, has been demonstrated. Should the Planning Commission choose to recommend approval of this application, essentially granting the applicant an extension of 12 months to construct the tower, the following conditions of approval would be appropriate: 1. All Zoning Ordinance requirements and review agency comments .shall be addressed and complied with at all times. 2. The tower shall be available for co -locating personal wireless services providers. 3. A minor site plan shall be approved by the County. 4. The tower shall be removed by the applicant or property owner within twelve (12) months CUP # 12-03 December 22, 2003 Page 4 of abandonment of operation. 5. In the event a telecommunications tower is not erected within twelve (12) months of the approval of this Conditional Use Permit, then the CUP will be deemed invalid. 6. A certified Virginia engineer shall provide verification that the tower is designed, and will be constructed, in a manner that, should the tower collapse for any reason, the collapsed tower will be contained in an area around the tower, with a radius equal to or lesser than the setback, measured from the center line of the base of the tower. 7. The issuance of Conditional Use Permit #12-03 shall deem Conditional Use Permit (#13-02) invalid. Therefore, only one (1) telecommunications tower may be constructed on the subject site. WINCHESTER REGIONAL AIRPORT SSW* THE SOP of VPGRA October 22, 2001 Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22602 (540) 662-2422 RE: Site Plan Comments — Share Towers Hunting Ridge Pole, Cross Junction Pole, Reynolds Store Pole Dear Mr. Sir: The Winchester Regional Airport Authority offers the following comments on the above referenced site plans as conditions to be included for approval of this site plan: 1. Although not required by FAA, structure should be marked and lighted in accordance with FAA Advisory Circular 7017460-1 J, Obstruction Marking and lighting, Chapters 4, 8 (M -Dual) & 13 2. Consideration should be given to the owner/operator of the Timber Ridge Airport which is a private airport located approximately four nautical miles from two of the towers as to possible impact on that facility. These comments are based on the review provided by our engineering firm, Delta Airport Consultants, Richmond, Virginia. They have determined that these proposed towers do not penetrate any FAR Part 77 surfaces therefore there should be no impact on current or future operations at the Winchester Regional Airport. If the above referenced conditions along with any outlined in the FAA study are met, the Winchester Regional Airport Authority has no objections to these site plans. Should you have any questions or need additional information, please contact this office (430) 662-5786. Sincerely, S. R. Manuel Executive Director DELTA A/RPl IT CONSULTAMTS, VC - engineers - planners Charlotte, NC Austin, TX Harrisburg, PA Richmond, VA uctober 16, Ms. Serena R. Manuel Executive Director Winchester Regional Airport 491 Airport Road Winchester, Virginia 22602 DearMs. el: RE: Communications Towers Share Towers - Greenway Engineering Winchester Regional Airport Winchester, Virginia. Delta Project No. N/A We have reviewed the three (3) Frederick. County Conditional Use Permits from Greenway Engineering sent to us with your letter dated October 15, 2001. We find that the none of the towers penetrate any FAR Part 77 Surface associated with Winchester Regional• Airport. The following summary details the positions of the three proposed towers: .........................::::::::::::::::::..........:::::.::::v:w::::.....v. ........................ ......... n.: .......................... ..::.::::............ :.4:-:::::::�r::.,.::::::::::•..::.:..:::v:::::::::.....:::::: ........ :.,.r.. -:::::. r:::::::-:. .v:x:n!Y'•:"fy..��'•yf:Y�#:�V.::it::v'}"r,'�iS;i:: ,47N11i..�F. - .::}.v.4::•::{•}:: }Y v.. v.:4i:•?:{: r.>:•{x:::.yv�{4 }1:{•i>}...... .:..; ..r...:r:v: v. .... r.. >.r::::n•f•{+.:?,:r4 :..... r..... .. .. vnrx: •. xJ...M1 r+. ur. n::L•rrt;ry:. }.....: /rn/%. .... 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"irr . 4r:.Ynv: f%};•YrF.{:4?;nr• :..r::: -::: - <•�': � .... yyyy��...yyy. :.. i• S�{� �. ?•:AYh.:.: 9. �. �.......................:.. .rrf.-.: ':'.{>{•rr::{:.,jr4iL{.'f.. v: � - n {>.'-:�':i2:•r. ,v).:.: ��yy .rY f.{..Gr :?.: �{��l-: n..: ti4'4: :v i'::}•, ••...{y(� ��::yy )y.Y}: r:?:,.�F�, .v v: vv:.v:: ••: ` $='Y{< 4R•>i •'n•' : -$:•. ;::S'i'Lr::F:�'>i.>.`.iiJ..v. r::':;:^.}�:'}:• ........ ..:..............::::::::.v::•:>::0:::::.:.:...:•:L•:h. ..... r.:.......... r...... ::.................... .:.........................r. r................ .. ...... r ........:::::::: .:::.................:: ..::: .... .; f::v: •:•.......rrr.... { v..........: fr.:.: r... r......... .... ..r.. }. .uLG�•'+�K!�.......... :..... •:......... r.... �.: r. r...... ri. .. ..�i[[f�E3�.�ia?}; lrr.. .4.... k^l.•:��.fr. ... 4> ^,:.;:?:i:: 3.n:r..+.;t;;7.:•::.;::.i:•Y>:.4?:•>+r•>:?.,}:•:,:4{L.>••{>Y::.:...:::•:::::.}'.r:.r:::..,:.. {?•Y-•T::?4:{:,{:':-'::Iv{'. i��i:-�:i•:::4r>: Hunting Ridge ' 45,202' (8.6 miles) 17,152' (3.2 miles)- 1,116' MSL Pole right Cross Junction 71,488' (13.5 miles) 16,426' (3.1 miles)- 1,175' MSL Pole right Reynolds Store 85,749' (16.2 miles) 31,479' (6.0 )- right 1,325' MSL Pole These towers are all far enough from the airport that they will not be a factor in any future airport development as currently depicted on the approved Airport Layout Plan. However, two private airports, Al and Timber Ridge, both located about 14 nautical miles from Winchester Regional Airport along the extended RW 32 centerline, may be affected as they are each about four nautical miles from two of the towers. Should you have any questions, please do not hesitate to call. kmcerely,ongnaker, P.E. JCL:blg GEN7983 7333 Whitepine Road Telephone (804) 275-8301 Richmond, Virginia 23237 Fax (804) 275-8371 E-mail: delta@deltaairport.com Homepage: http://www.deltaairport.com \ r -F CA 06 A 83 WESLEY Ry06 A 84 i WHITACRECHAPEL "I 06 A 82A EMETERY c9\, \ YOST , \\ /07 10 23 06 A 8 CHESHIRE / SCOT 11 A 39 BAtLE\. SHENK \ a 11 A 39\rL SHENK 12 A 1 \ 11\ approx BALLANTINE �, \ SHENK tower % CUP # 12 - 03 location j \ Shared Towers Reynolds Store 11 A 39Fs ,,SHENK ! PIN. '/' ff N 0 200 Feet 52 m Alh. CUP # 12 - 03 Shared Towers Reynolds Store PIN: N W+ S V _4 0 300 Feet BOARD OF SUPERVISORS PUBLIC HEARING ACTION (date) APPROVAL Signed , County Adm. DENIAL Date Submittal Deadline P/C Meeting 11-7 05/ BOS Meeting / p APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (The applicant if the ❑ owner X other) NAME: Greenway En ineering 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: Daniel A. & Mary J. Shenk Roger W. & Sue L. Shenk 3. The property is located at: (please give exact directions and incline the route number of our road or street) CLEC I z 8840 North Frederick Pike, Cross Junction, Virginia 22625 4. The property has a road frontage of 1050 feet and a depth of 1000 feet and consists of 105 acres. (Please be exact) 5. The property is owned by Daniel A. & Mary J. Shenk and Roger W. & Sue L Shenk as evidenced by deed from Evelyn G. Shenk (previous owner) recorded in deed book no. 902 on page 1533, as recorded in the records of the clerk of the Circuit Court, County of Frederick. 6. 14 -Digit Property Identification No. 11-A-39 Magisterial District Gainesboro Current Zoning RA i. Adjoining Property: USE ZONING North Sino e Family, Cemetery RA East Agriculture, Single Family RA South Single Family, State RA West Route 522 8. The type of use proposed is (consult with the Planning Dept. before completing) Unmanned Commercial telecommunications facilities 9. It is proposed that the following buildings will be constructed: 195' tall lattice tower structure inside a 100' x 100' leased area for ground equipment/shelters to be placed on concrete pads. All equipment and lattice will be secured by a fence. 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in from of (across the street) the property where the requested use will be conducted. (Continue on next page if necessary.) These people will be notified by mail of this application: NAME Daniel Shenk, et al ADDRESS 8840 North Frederick PROPERTY ID# 11-A-3913 Pike, Cross Junction, VA 22625 NAME Commonwealth of ADDRESS PO Box 2249, Staunton, PROPERTY ID# Virginia Va 24402 11 -A -39E NAME Robert A. Ballentine, Sr ADDRESS 9910 Old Court Road, PROPERTY ID# 12-A-1 Woodstock, MD 21163 NAME Robert A. Ballentine, Sr ADDRESS 4386 Montgomery PROPERTY ID# 7-A-10 Road Ellicott City, MD 21043 NAME David S. & Susan B. ADDRESS PO Box 557, Cross PROPERTY ID# Whitacre Junction, VA 22625 n QA V A'U' NAME Frank V. & Barbara ADDRESS 561 Chapel Hill Road, PROPERTY ID# Ann Scott Cross Junction, VA 6 -A -83C 22625 NAME Wesley Chapel ADDRESS 271 Spring Valley PROPERTY ID# Cemetery Drive,Winchester, VA 6 -A -83A 22603 IlV�UL� Sl�-'l ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# 11. Please use this page for your sketch of the property. Show proposed and/or existing structures on the property, including measurements to all property lines. 12. Additional comments, if any: 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 Applicar Signature of Owner Owner's Mailing Address 8840 North Frederick Pike, Cross Junction, Virginia 22625 Owner's Telephone No. 540-888-3712 TO BE COMPLETED BY THE ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: Special Limited Power of Attorney County of Frederick, Virginia Planning Office, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) j_)an e' ( A- 1 l avx J j- 16vit'r' L (Name) QCCC..E W, L S�_. k (Phone) E ` --11Z.. (Address) ��.E, 4 0 l4CW-44- -) iWC ev1 C(C_ t" i +,(�, . C.F Cyfrs J0nCMv,'l, \/,q-_ 2_Z ZS 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 Dcefj &O(_ CI DZ. o on'T 1533 Instrument No. on Page , and is described as 1( v MC,19 it -A 3 q Parcel: Lot: Block: Section: Subdivision: do hereby make, constitute and appoint: (Name) o (Phone) (Address) 151 l,C'ty-dv d l l-6v1e , Le_)� ,JcJ g f - , VG_ Zz&G2_ To act as my true and lawful ttorney-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 applications for my (our) above described Property, including: ❑ Rezoning (Including proffers) Conditional Use Permits ❑ Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan My attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: I"his Wai:norization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I we) have hereto se y (our) hand and seal this In day of j�EC ,�t�,E�Z , 2003 , Signatare(sixh Sta[e Ul Virgiiiia, Ciiy/ ODGf �t�C ��C(� , T:, -wit: a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who is (are) known to me, personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this 1& Uay of `t; .�, 200 3 . (� „�/..� orf' My Commission Expires: Notary Z; ur: Nota ryPublic -. � ti SUBDIVISION #07-03 RONALD G. MCDONALD, LLC DIVISION OF LOT B, BUGARSKI LOTS Staff Report for the Planning Commission Meeting Prepared: December 18, 2003 Staff Contact: Patrick Davenport, Zoning and Subdivision 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. Reviewed Action Planning Commission: January 7, 2004 Pending Board of Supervisors: January 28, 2004 Pending LOCATION: This property is located at 1179 Front Royal Pike, 200' east of U.S. Route 522 on the north side of Vine Lane. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBERS: 64-2-D1 PROPERTY ZONING & PRESENT USE: Zoned: RP (Residential Performance) Single Family Dwelling ADJOINING PROPERTY ZONING & PRESENT USE: North: Zoned: RP Use: Open Space for Red Fox Run South: Zoned: RP Use: Vacant East: Zoned: RP Use: Residential West: Zoned: B2 Use: Business/Restaurant Subdivision #07-03, Division of Lot B, Bugarski Lots Page 2 December 18, 2003 PROPOSED USE: Subdivision of two single family detached traditional lots containing a minimum of 15,000 square feet each. REVIEW EVALUATIONS: Virginia Dept. of Transportation: Approved on 12/03/03. Fire and Rescue: Plan approval recommended on 05/21/03. Public Works: Approval recommended 06/05/03. Sanitation Authority: Approved on 12/03/03. Planning & Zoning: Public Meeting Requirement The Subdivision Ordinance requires that land divisions in the RP (Residential Performance) Zoning District, without an approved master development plan, be presented to the Board of Supervisors for final approval (§ 144-12-B). The Master Development Plan (MDP) requirement may be waived, and has been waived for this project in a letter from staff to the applicant dated December 12, 2003. This project contains land zoned RP and does not contain an approved MDP; therefore, Planning Commission and Board of Supervisors review and action is necessary. Staff Review The original subdivision known as "Bugarski Lots" (Exhibit "A") was approved on April 23, 1980. Lot B as shown on Exhibit "A" is the lot proposed to be fiu-ther subdivided. The application proposes to subdivide Lot B into two lots. Exhibit `B" is the proposed subdivision plat submitted by Artz and Associates. An existing dwelling will remain on one of the lots and a garage currently under construction will be located on the new lot. The proposed lots comply with the dimensional requirements of the single family detached urban housing type, in particular, the minimum lot size of 15,000 square feet. Access to both lots is proposed to be directly onto Vine Lane and the proposed new lot will share the existing entrance via an access easement. This property is located in the UDA and SWSA as indicated in the 2000 Frederick County Comprehensive Policy Plan. STAFF CONCLUSIONS FOR January 7, 2003 PLANNING COMMISSION MEETING: The proposed subdivision appears to satisfy the requirements of the zoning ordinance and subdivision ordinance. A recommendation to be forwarded to the Board of Supervisors would be appropriate. e FILE COPY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 December 12, 2003 Mr. Michael M. Artz, L.S. Artz & Associates, P.L.C. 16 East Piccadilly Street Winchester, VA 22602 RE: Master Development Plan Waiver 64-2-D1 Property Identification Number (PIN) Dear Mike: ,on July 31, 2003, our department received a request for a waiver to the requirement for a master development plan for the subdivision of the above -referenced parcel of land. The subject property is owned by Ronald McDonald, L.C., and is referred to as Lot B of the Bugarski Lots. The site is located within the RP (Residential Performance) Zoning District. The proposed subdivision would subdivide the existing lot into two new lots. Lot 1 would contain 18,699 square feet, while Lot 2 would contain 21,170 square feet`. Section 165-134 of the Frederick County Zoning Ordinance grants the Director of Planning and Development the ability to allow for waivers under certain conditions. The proposed subdivision of the McDonald parcel is consistent with the lot sizes in the neighboring area, and does not affect the purpose and intent of the RP District. Therefore, it is my belief that the request for a waiver to the County's Master Development Plan process is appropriate in this situation. Please be advised that the waiver of a Master Development Plan does not eliminate any applicable development and design requirements for residential lots of this size in the RP District. Additionally, any proposed subdivision which does not have an approved MDP will require the Board's review. Please keep this letter as evidence of the Planning Department's position regarding this subdivision proposal. You mayAntact staff if you have any questions regarding this letter. -ence, AICP Director JFC/ERL/PTD/bad cc: Patrick T. Davenport, Zoning and Subdivision Administrator As shojjln on the plat dated 4/15103, prepared by Michael M. Arty, L.S. �''i2211 i;7�urth _aY.t r t 0-_w`(i 52 JENI COMPANY 64D 81 1A RP MCDONALD I BEST 64 2 D1 64 2 D3 RP RP STONE 64 2 D RP RA RA 85 APPLICATION AND CHECKLIST SUBDIVISION FREDERICK COUNTY VIRGINIA 5X)- o/0 3 Date: / 9 03 Application # O9 ' 03 Fee Paid d e,od Applicant/Agent: r4)9A'rzr - Ai-T�- d- Address: ( (p . e. 091 CCAi71 L�-y -7 1 W ({JcWtF >TL(L VA- Sf Z,60► Phone: G--fo d Owners name: Address: W i kk, N e,.5`i"e (2- VA - Phone: A - Phone: S"' ��`� V 5 �3 Please list names of all owners, principals and /or majority stockholders: rZ - GT. fV Gy0M P1L-T:> ! �� E; a F� Contact Person: DTZ i�aY r� � �� Phone : �'7 �'�72 ✓ - �: Name of Subdivision: Number of Lots Z. Total Acreage Property Location: 1 1-7 C1 y=r21)iQ-r gOy iq L- K,E 2 ao Er 'Art`►' ® F 0 s. z-; E IF2,Z a,a \1 ► tJ 15 s -7 -- (Give State Rt.#, name, distance and direction from intersection) Magisterial District 5H4-W-13UE Property Identification Number (PIN)) Property zoning and present use: T7 w 45 L'. -L-A "J C: Adjoining property zoning and use: N�-G6 VAP,1 LJ Taw Com' Has a Master Development Plan been submitted for this project? Yes No X If yes, has the final MDP been approved by the Board of Supervisors? Yes No What was the MDP title? Does the plat contain any changes from the approved MDP? Yes No If yes, specify what changes: Minimum Lot Size (smallest lot) 0?), x`19 Number and types of housing units in this development: Number -- Types Z21 lJ 4-L,C VA A& 1 9 Ro"'IJ&'b 11�DOIAZ-z 9. List of Adjoining Properties: The following names and ad - - Swnc%yaim firms, or corporations owning property adjacent to the property for which the w-divervr-"c4PUeM 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 R"6"4 ," e- J-t1ye 9 lgernoncez J;x An (_.(jn5ruebll-1 Address %,43 V, -IX �ane (/ ) n(, 22.602. Property ID # 6 �--�-- 03 Address { W / 19 n Wine. 2 Property ID # 6q -;—CA Address q -;— Address fo QoX 2'? 15 W//]G. 2 21(04 Property ID # 6 2- 40 Address Property ID # Address Property ID # Address Property ID # Address Property ID # Address Property ID # A Address 12.4 A, CI a m (/ QV Property ID # 641) - Address D,Land Use kppIications'J.ppIicaIian Fonw\waiver request form.wpd Property ID # Address Pp 120,V '23 21 Property ID # 61-1-01 2-2��Z -moi - Page 2- Boor, 520 Fen K5 SHEET 1 BUGARSKI LOTS RTS. 522 850 SHAWNEE DISTRICT FREDERICK CO., VA. SCAL E I H = 100' 12 MARCH 1980 LOCATION N N O O Ln O a c PROPERTY z o `^ RT. 850 T. 644 APPROVED BYt FREDERICK COUNTY Board of SupervisorsDATE 13 div Planning Commission (recommended) DATE J Subdivision Administrator /// DATE�d VIRGINIA Dept. of Highways �/✓r te 7G- DATE LOTS ARE SUBJECT TO APPROVAL OR DISAPPROVAL ON All INDIVIDUAL LOT BASIS AS TO THE LOCATION OF THE WATER SUPPLY AND THE INSTALLATION OF THE SEWAGE DISPOSAL cv cm�.t SIGI'TED nil Q-[ TF wn tk. Y DATE DIB OR, FORD F9IELFAX L DISTRICT THIS DIVISION - AS APPEARS ON THIS PLAT IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE OWNER OR AGENT. I CERTIFY THAT THE LA IN THIS SUBDIVISION IS THE LAND s CONVEYED TO JOSEPH AND THELMA L. BUGARSKI BY DEED DATED 28 SEPT. 1949 IN DEED BOOK 211 PAGE 355 AND THE REMAINING NORTHWESTERN PORTION OF THE LAND CONVEYED TO JOSEPH AND c� -r THELSIA L. BUGARSKI BY DEED DATED 20 DEC. 1960 IN DEED BOOK 26i PAGE 421. y, Exhibit "A" SHE E -r BODK� 520 816 p' 1 = 100 I -f 1300 W 200 100 O; �UT�vIEW 2 D 19 ,25,W, 74.68, 501 ,� I N -g 5.064-6 18 y N 89 9 3� ' �o �i / N � Z Yrs �o ` F as 100, 000 J3\SQ. FT. 1 r--:F- `'� , W N �a b� L0 N testi �� IRON PIN ;` ini N10°53'25'E-234. O g W I 39,869 SQ. F , so ,D014pUSE _ � r � BR GK µ 421 _ cid L0\ a W V 1 fes" 211 N O NS 10 53' 2 5" W - 233.51 ` `(7) � /0 W N c col IRON PI IN —� Z �► l; 54,031 3N,N r 3 N (o SQ. FT. �� I. STORE NRE5TAURANT Z gU1LD p hu = IiQ U ,„E-214.5 N�'oOa,47 00. 2 522 CUTE S R U- SHEETI DIVISION_ of LOT B, BUGARSKI LOTS R.G. McDonald Properties, L.C. TM #64-2-D 1 Instrument #020020527 April 15, 2003 Zoned RP Shawnee District, Frederick County, Virginia SURVEYOR'S CERTIFICATE: I, Michael M. Artz, a duly authorized land surveyor, do hereby certify that the land hereby subdivided is in the name of R. G. McDonald Properties, L.C. and was acquired as stated in the Owner's Certificate. I further certify that this tract is properly and accurately described and is within the boundary of the original tract. �– Certified Land Surveyor OWNER'S CERTIFICATE: The undersigned fee simple owner hereby certifies that the land herein divided is all of the land acquired by R.G. McDonald Properties, L.C. by deed dated November 19, 2002 and recorded in Instrument #020020527. Said deed being of record in the Clerk's Office of Frederick County, Virginia. This division as it appears on the accompanying plats is with the free consent and in accordance with the desires of the undersigned owners of said land and the same is hereby confirmed and submitted for record in the Clerk's Office of Frederick County, Virginia. Representative for R.G. McDonald Properties, L.C. NOTARY CERTIFICATE: STATE OF VIRGINIA; efTl /COUNTY OF �1� Q(', i GK to -wit: The foregoing owners consent and dedication was acknowledged before me this Z ,,,The of P(OJeh\yx r 20_0 3_.. My commission expires 2' Zp • 2,00-7 / y —C" Notary PuIib c CERTIFICATE OF APPROVAL This subdivision is approved by the undersigned in accordance with existing subdivision regulations and may be admitted to record. date Fr ericl ounty u�ion`�strator date Fr cricTDeat.j ty Sanitation Authority ID �� D date Virginiat of nspo anon Exhibit "i3" NOTES: 1. BOUNDARY SHOWN HEREON WAS DETERMINED BY A FIELD RUN SURVEY PERFORMED BY ARTZ & ASSOCIATES ON NOVEMBER 15, 2DO2. 2. THIS PLAT IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 0 POINT AREA TABULATION EXISTING: LOT B 39,869 SF PROPOSED: LOT 81 18,699 SF LOT B2 21,170 SF REBAR FOUND LOT C LINE BEARING DISTANCE L1 N 10'53'25" E 29.50' L2 S 21'53'27" E 35.09' L3 N 79'06'35" W 69 17' L4 I N 78'15'09" t I 4b.09' L5 N 574206" E 36.52' L6 N 79'06'35" W 28.23' L7 N 59' 19'20" E 37.73' L8 S 1953'22" W 25.03' OPEN SPACE PARCEL B RED FOX RUN S 7926'41 " REBAR E 17p_-- TO BE SET TM #64-2-D2 r — 25 BRA_ JOS 8P 5/ 045R5� �Ir LOT B1 ZONEB2 co USE: BU5DINESS o r 18,699 JJ rr 1 / r 11 rsquare feet 0.4' 'n 114.1 J r J I J W J Jr 1 rn I C I r N/ r EXISTING J r J 1 STORY J (90.38 ) _ 25' BRL REBAR FOUND r GARAGE rr UNDER J ONSTRUCTION r 1 21!2' 1 DWELLING mJ zJ �r rm LOT B2 104, r 211170 - — _ BRC ' 3 J square feet 35' r J —J h L7o'-'- �O= 200' +- TORTE 522PROPOSED ESS EASEMENT REBARFOUNDREBARTO BE SET 1 V J, "a '?NEANE°W PROPOSED DIVISION OF LOT B BUGARSKI LOTS r 1 PROPOSED 10' SANITARY EASEMENT I SHAWNEE DISTRICT, FREDERICK COUNTY, VA. SCALE: P' = 40' DATE: APRIL 15, 2003 PRESENT OWNER: R.G. McDONALD PROPERTIES L.C. TM #64-2-D1 IN5T. #02000527 PROJECT J'20441 LOT A TM #64-2-1)3 ROBERT I & ELIZABETH W. 3 BEST 534/232 ZONED RP ; USE: RESIDENCE PI EXISTING 20' SANITARY SANITARY EASEMENT IV on � �6 � FOUND TM #64-2-D HUBERT M. & SARA K. STONE 797/962 ZONED B2 USE: VACANT C: • �7 MASTER DEVELOPMENT PLAN #09-03 SOUTHERN HILLS SUBDIVISION (revision of MDP#04-01) Staff Report for the Planning Commission Prepared: December 22, 2003 Staff Contact: Jeremy F. Camp, Planner II 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: 01/07/04 Pending Board of Supervisors: 01/28/04 Pending LOCATION: The property is located south of Stephens City, east of Interstate 81, and approximately 8/10 of a mile south of Fairfax Pike (Route 277) on the east side of Town Run Lane (Route 1012). MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBERS: 85-A-138 PROPERTY ZONING & PRESENT USE: Zoned: RP (Residential Performance) Use: Agricultural ZONING & PRESENT USE OF ADJOINING PROPERTIES: North Zoned: RA (Rural Areas) District South Zoned: RA (Rural Areas) District East Zoned: RA (Rural Areas) District West Zoned: RA (Rural Areas) District PROPOSED USE: Use: Town of Stephens City Lagoon, Residential Use: Residential, Agricultural (Stephens Run) Use: Sanitation Authority Lagoon, Agricultural Use: Residential, Agricultural 250 single-family detached urban houses, with minimum lot sizes of 12,000 square feet, curb & gutter, sidewalks, and streetlights. MDP #09-03, Southern Hills Subdivision Page 2 December 22, 2003 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The preliminary master plan for this property appears to have a measurable impact on Routes 277, 1012, and Stickley Drive, the VDOT facility which would provide access to the property. Before making any final comments, this office will require a complete set of site plans, drainage calculations and traffic flow data from the I.T.E. Trip Generation Manual, Sixth Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of- way dedications, traffic signalization, and off-site roadway improvements and drainage. Prior to construction on the State's right-of-way, the developer will need to apply to this office for issuance of appropriate permits to cover said work. Fire Marshal: Fire hydrants shall be located within (3) three feet of the curb. Fire lane signs required at all fire hydrants. Removal of land clearing debris should be considered. Open air burning in this area will not likely be permitted. Plan Approval Recommended. Sanitation Authority: Is' review approved as noted - 2 items. Town Of Stephens City: Future I-81 Interchange plans could be impacted by this development or vice versa. The Town will continue to be impacted by traffic flow that is constricted at the stop light. County Inspections: No comment required at this time. Shall comment during subdivision lot review. Public Works: We offer no comments at this time. A comprehensive review shall be performed at the time of subdivision plan submission. Geographic Information Systems: The Frederick County Department of GIS has reviewed the requested road names for use in the Southern Hills Subdivision, and has made the following determinations: 1. The following road names were previously approved and reserved in the Frederick County Road Naming System: Neville Court, Suwanee Drive, and Kodiak Court; 2. The following road names are approved and reserved as new requests in the Frederick County Road Naming System: Yukon Court, Nathan Court, and Triston Court; 3. The following names are denied for use in the Frederick County Road Naming System, as duplicating or conflicting with other road names already in the system: Harvest Drive, Sorel Court, and Birch Court. Winchester Regional Airport: The above referenced Master Plan has been reviewed and it appears that it should not have an impact on operations at the Winchester Regional Airport as the proposed site falls outside of the airport's Part 77 surface. However, the site does lie within the airport's airspace and residents could experience fly -over noise from aircraft within that area. Thank you for your cooperation and consideration in the continuing safe operations of the Winchester Regional Airport. Frederick County Public Schools: No additional comments at this time. MDP #09-03, Southern Hills Subdivision Page 3 December 22, 2003 Parks & Recreation: The Parks and Recreation Department recommends that a bike/pedestrian facility be a requirement for this development and that it include a location for a connector to adjacent development. The long range plan is for eventual access to Double Church Road and the completion of a connector accessing Sherando High School, Sherando Park. This would also offer the residents of Southern Hills with a connection to the extensive trail system currently being developed on the north of Route 277. Planning Staff Note: The proposed plan offers a 4' sidewalk along the north side of Town Run Lane. This sidewalk does not satisfy the recommendation of the Department of Parks and Recreation for a bike/pedestrian facility, which translates to a l0' wide asphalt trail. Staff would also note that the width of the proposed sidewalk is less than VDOT's S' standard. Planning & Zoning: A) Master Development Plan Requirement A master development plan is required for most subdivisions and development of property in Frederick County. Before a master development plan can be approved, it must be reviewed by the Planning Commission, Board of Supervisors and all relevant review agencies. Approval may only be granted if the master development plan conforms to all requirements of the Frederick County Zoning and Subdivision Ordinances. The purpose of the master development plan is to promote orderly and planed development of property within Frederick County that suits the characteristics of the land, is harmonious with adjoining property and is in the best interest of the general public. B) Location The 107.069 acres is located in the Opequon Magisterial District and is approximately 3/4 of a mile south of Exit 307 and 8/10 of a mile south of Fairfax Pike (Route 277). The parcel of land is accessible from Town Run Lane (Route 10 12) via Fairfax Pike (Route 277). Stephens Run, a tributary of the Opequon Creek, flows along the eastern boundary of the property. C) Site History The original Zoning Map for Frederick County (U.S.G.S. Stephens City Quadrangle) identified this land as being zoned A-2 (Agricultural General) District. The County's agricultural zoning districts were combined to form the RA (Rural Areas) District on May 10, 1989 by the adoption of an amendment to the Zoning Ordinance. The UDA (Urban Development Area) was expanded MDP #09-03, Southern Hills Subdivision Page 4 December 22, 2003 to include the entire parcel on October 25, 2000. The Frederick County Board of Supervisors approved the rezoning of the property from the RA (Rural Areas) Zoning District to the RP (Residential Performance) Zoning District on July 11, 2001. A detailed proffer statement accompanied this rezoning and has been made part of the proposed master development plan. A master development plan for 225 single-family detached traditional houses was approved for the Southern Hills Subdivision on March 13, 2002. This previously approved plan entitled 15,000 square foot lots and 2.94 acres of open space. D) Project Scope & Suitability Analysis Land Use Compatibility: The 107.069 acres are located in an area which is both rural and residential in nature. Indeed, it is in a transitional zone between large agricultural and residential tracts to the south and suburban development to the north. The area is also in close proximity to Interstate 81 and Fairfax Pike, which are key arterial roads in Frederick County. Historic Resources: The Frederick County Rural Landmarks Survey identifies historic structures in the proximity of the subject parcel. None of these structures are identified as potentially significant historic resources. The Ewing family cemetery exists on the southeast portion of the site. It is identified as circa 1750 and contains grave sites dating to 1856. The cemetery shall be set aside from this development as a separate lot with public road access for the Ewing family. Environment: The property contains recognized environmental features which includes areas of steep slopes and floodplains. Steep slopes are defined as land areas where the slope exceeds 50%. The plan that has been submitted calls for the disturbance of 24.9% of existing steep slopes and 0% of floodplains. The Zoning Ordinance allows the disturbance of up to 25% of steep slopes during development. Existing vegetation around Stephens Run will be protected via a riparian buffer. Transportation: The Impact Analysis Statement submitted with the rezoning application in 2001 indicates that the proposed development of this property will generate 2,500 daily vehicle trips per day on average. To achieve an acceptable level of service Stickley Drive (Route 1085) will be extended to intersect with Town Run Lane (Route 10 12) during phase one of this development. The developer has also proffered to provide guardrails at the Town Run Lane (Route 10 12) bridge crossing; overlay Town Run Lane (Route 10 12) with bituminous concrete; and provide $100,000 to VDOT for a street light at the intersection of Fairfax Pike (Route 277) and Stickley Drive (Route 1085). All streets within the development will be constructed with curb & gutter, sidewalks on both sides of the street, street lights, street signs, and shall meet the MDP #09-03, Southern Hills Subdivision Page 5 December 22, 2003 design standards of VDOT. Comprehensive Policy Plan: The subject property is located within the County's Urban Development Area (UDA). The Comprehensive Policy Plan states that suburban residential development must occur within the UDA. As a result of the rezoning approved on July 11, 2001, residential land development of this nature is a permitted use. There is no small area land use plan for the Fairfax Pike (Route 277) corridor or the subject parcel. Density: The preliminary master development plan for Southern Hills Subdivision consists of 250 single-family detached urban houses on a parcel of land consisting of 107.069 acres. This calculates to a gross density of 2.33 dwelling units per acre. The Frederick County Zoning Ordinance allows a maximum gross density of four dwelling units per acre for developments over 100 acres in size. However, during the rezoning process, the owner proffered to limit development of the parcel to no more than 250 single-family dwelling units. Development is proposed to occur in three phases. Phase one will consist of 82 lots; phase two will consist of 80 lots; and phase three will consist of 88 lots. Landscaping, Buffers and Open Space: The preliminary master development plan indicates that the developer will provide either street trees or ornamental landscaping to comply with the County's new landscaping requirements. Additional landscaping shall be provided within the 75' landscape buffer located along the south property line to supplement all existing trees over 4" in caliper. A general replanting detail of this buffer area is shown on the preliminary master development plan. Open space for the development meets the minimum requirements. The majority of the open space is located in floodplain areas. The open space will be accessible at the end of Hayvenhurst Drive and through the proposed Ewing cemetery lot. Proffer Compliance: All of the proffers, approved with the rezoning of the property on July 11, 2001, are addressed by this preliminary master development plan. One condition of the proffer statement is that a payment of $4,910.00 will be paid to Frederick County upon receipt of the first building permit for each lot. The money will be allocated to Schools, Parks and Recreation, Fire and Rescue, Public Library, Sheriff's Office, and Administration Building as designated in the proffer statement. The other proffered conditions require road improvements to and along Town Run Lane (Route 1012) and Stickley Drive (Route 1085); a maximum density of 250 dwellings per acre; the establishment of a preservation and buffer easement along the south property line; the creation of a lot for the Ewing family cemetery; a statement of notification on all plats and deeds; and payment of $100,000 to VDOT for the construction of a stop light at Stickley Drive (Route 1085) and Fairfax Pike (Route 277). MDP #09-03, Southern Hills Subdivision Page 6 December 22, 2003 E) Unresolved Issues The following issues remain unresolved with this preliminary master development plan: 1. Bike/Pedestrian Trail. It is recognized that the currently approved master development plan does not provide a bike and pedestrian trail system. However, since the original master development plan was approved, the Frederick County Department of Parks and Recreation has developed a comprehensive strategy for a regional trail system in this area. This strategy calls for a trail from Town Run Lane (Route 1012) to Double Church Road (Route 641) to serve local residents. The proposed master development plan could be revised to accommodate this future regional trail by changing the 4' wide sidewalk along Town Run Lane (Route 10 12) to a 10' wide bike and pedestrian trail. The extent of this trail should begin at Stickley Drive (Route 1085) and end at Hayvenhurst Drive. For safety and convenience reasons the trail would be best located on the east side of Town Run Lane (Route 1012). 2. Timing of Stickley Drive. Stickley Drive (Route 1085) is proffered to be extended during phase one of the development. It should be clarified on the master development plan that this means there will be no building permits issued until the Stickley Drive extension is complete. STAFF CONCLUSIONS FOR 01/07/04 PLANNING COMMISSION MEETING: This master development plan (MDP) application is for 250 single-family detached urban houses (12,000 square foot lots) in the RP (Residential Performance) Zoning District. The application is a revision of the original MDP for Southern Hills which was approved for 225 single-family detached traditional houses (15,000 square foot lots) on March 13, 2002. The proposed change in density is permitted by the Frederick County Zoning Ordinance and consistent with what was proffered during the rezoning of the property. Prior to a recommendation to the Board, the applicant should be prepared to adequately address the issues noted above by staff, as well as all issues identified by the Planning Commission during the public meeting process. It is appropriate to forward a recommendation to the Board of Supervisors regarding this preliminary master development plan's conformance with ordinance and agency comments. /\ STEPHEN5CITY' 85 A /RA 85 A 59 ESTEP t II ! / Z,, rte/ / ! ; , �� • A 85 A 138 j `.\ \ T'•, '�a,` �"1' S , ,i ! "5`,i f <^�_ 1��ad j ARCADIA ` !< DEVELOPMENT CO MDP # 09-03 85 A eo SCOTHORnI Southern Hills Subdivision %i SERA YRA PIN: 85 -A-138 EY / RA Al 85 A 131 r %! ( RITENOUR FARM L.P. w RA \ 0 300 Feetciw / ; ;/ /• dP/ell / / i q 1 rt A ��` //IY j dq � svff5 "fir• '� ."� r � ..✓+ �a a moi; Q. r � a Southern Hills Subdivision ■■■■■■■■■■■ .� ■■■■■■■■■■ 1 ''.. �E �R i -t _ • '�` : Y ams' ; w i �1,eyw s>. ■■ ■■■■■ Imo. � � �u 9:-r}y�E�.r� YY1'� ♦ ' Frederick County, Virginia Master Development Plan Application Package APPLICATION MASTER DEVELOPMENT PLAN 1. Project Title: Southern Hills Subdivision 2. Owner's Name Arcadia (Please list name of all owners or parties in interest) 3. Applicant: Greenway Engineering Address: 151 Windy Hill Winchester, VA 22602 Phone Number: 540)_662-4185 4. Design Company: Greenway Engineering Address: Same as above Phone Number: Same as above Contact Name: Niki Adl ikusuma or Jeremy Tweedie 5. Location of Property Southeast of Stephens City, east side of Town Run Lane (Route 1012 6. Total Acreage: 107.0690 Acres 7. Property Information a) Property Identification Number (PIN) b) Current Zoning: c) Present Use: d) Proposed Uses: e) Adjoinirg Property Information: North South East West Property Identification Numbers See Attached Sheet tit 11 f) Magisterial District: 85-((A))-138 RP Vacant Single Family Dctached Urban (X 5-1) Property Uses See Attached Sheet R IL T Opequon 8. Is this an original or amended Master Development Plan? Original ❑ Amended M I have read the material included in this package and understand what is required by the Frederick County Department of Planning and Development. I also understand that the master development plan shall inchde all contiguous land under single or common ownership. All required material will be complete prior to the submission of my master development plan application. Signature - Date: /�- • Q j SOUTHERN HIL S SUBDIVISION ADJOINING PROPERTY OWNERS NAME TAX MAP # ADDRESS Town of Stephens City 85-((A))-142 P.O. Box 250, Stephens City, VA 22655 Mary Virginia Stickley 85 -((A)) -165C & 59 14502 Saint Stephens PL, Midlothian, VA 23113 Ritenour Farn, LP 85-((A))-131 514 Peace & Pleant Lane, Stephens City, VA 22655 William L. Ramsey 8S -((A)) -137D & 60 824 Peace & Pleant Lane, Stephens City, VA 22655 Joyce Myers 8S -((A))-137 625 Town Run Lane, Stephens City, VA 22655 Stephen & Gary I. Scothorn 8S -((A))-139 506 Ewings Lane, Stephens City, VA 22655 Frederick Winchester Sanitation Aurthority 85-((A))-141 I P.O. Box 433, Winchester VA, 22604 , /C I ft - 6 9.5 A-13 Adjoining Property Information: Property Identification # I Property Uses North 85-((A))-142 RP -Vacant 85 -((A)) -165C RP South 85-((A))-131 RP 85 -((A)) -137D RP 85 -((A)) -137E RP 85-((A))-137 RP East 85-((A))-139 RP 85-((A))-141 RA West 85-((A))-59 RP 85-((A))-60 RP -VACANT COG Special Limited Power of Attorney w County of Frederick, Virginia Planning Office, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) Arcadia Development Co. (Phone) (540)751-0321 (Address) 117N. Bailey Lane, Purcellville, VA 20132 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. 01.001.2065 on Page _^ 2 3 2 , and is described as Parcel: T.M#: 85-((A))-138 Subdivision: Southern Hills 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 applications for my (our) above described Property, including: ❑ Rezoning (Including proffers) ❑ Conditional Use Permits N Master Development Plan (Preliminary and Final) 91 Subdivision ❑ Site Plan 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 (we) have hereto set my (our) hand and seal this 8thday of Dec. , 2003 , Signature(s) State of Via, City/County of Ca nti (,ican� , To -wit: �uAf- , a Notary Public in and for the jurisdiction aforesaid, certify that the person who signed to the foregoing instrument and whc(is (a* known to me, personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this day of-- 200. L t�;PENNY HUNTER cornmuton# 128124 4y ommission Expires: _/UL'y �S 2Cii? N Y tary ublic Z NatarY Public - Cardamio _ Sang Ctcra County SUBDIVISION #16-03 SOLID WOODS Staff Report for the Planning Commission Prepared: December 23, 2003 Staff Contact: Patrick T. Davenport 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: 01/07/04 Pending Board of Supervisors: 01/28/04 Pending LOCATION: This property is located north of Senseny Road (Route 657), east of Senseny Glen Drive, at the end of Dell Court. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBER(S): 65-A-47 and 65-A-48 PROPERTY ZONING & PRESENT USE: RP (Residential Performance) District Land Use: Vacant ADJOINING PROPERTY ZONING & USE: North: Zone RP South: Zone RP East: Zone RA West: Zone RP Use: Residential Use Residential Use Residential Use Residential SUBDIVISION SPECIFICS: Subdivision of 4.01 acres into five single family detached traditional lots (minimum area of 15,000 square feet each). Subdivision Application #16-03 December 23, 2003 Page .2 REVIEW AGENCY COMMENTS: Department of Transportation: Please see the attached letter dated December 10, 2003, signed by Barry J. Sweitzer, Trans. Roadway Engineer Fire and Rescue: Plan approval recommended. Sanitation Authority: Second review - approval as noted - 1 item. Public Works: Upon receipt of the subject plan, we offer no comments at this time. Therefore, we recommend approval of the subject subdivision plan Inspections: Dwellings shall comply with The Virginia Uniform Statewide Building Code and the International Residential Code/2000 Edition. Parks and Recreation: Plan appears to meet open space requirements. GIS: Preliminary structure numbers have been annotated. Public Schools: No additional comments at this time. Regional Airport: Please see attached letter dated October 16, 2003, signed by Serena R. Manuel, Executive Director. Staff Review: Public Meeting Requirement The Subdivision Ordinance requires that land divisions in the RP (Residential Performance) Zoning District, without an approved master development plan, be presented to the Board of Supervisors for final approval (§ 144-12-B). The Master Development Plan (MDP) requirement may be waived, and has been waived for this project as permitted by §165-134A. On October 31, 2003, a letter from staff was provided to the applicant which granted a waiver to the MDP requirements This project contains land zoned RP and does not have an approved MDP; therefore, Planning Commission and Board of Supervisors review and action is necessary. Staff Review The Board of Supervisors approved the rezoning for this property on October 8, 2003. The proposed subdivision (Exhibit "A") will create five single family detached traditional lots. These proposed lots are allowed in the RP Zoning District, under Chapter §165-65B of the Zoning Subdivision Application #16-03 December 23, 2003 Page 3 Ordinance. Public water and sewer will be utilized by the proposed lots. An 80' foot road efficiency buffer against Senseny Road (Route 657) and 35,845 square feet of open space will be provided in this subdivision. A proffer of $10,089.00 per lot will be paid prior to the issuance of each initial building permit. The lots will be served by a newly constructed state road on a fifty foot right of way named "Dell Court", which will connect to Senseny Glen Drive. STAFF RECOMMENDATION FOR 01/07/04 PLANNING COMMISSION MEETING: The proposed subdivision appears to satisfy agency and ordinance requirements, once minor issues are addressed. Staff is seeking administrative approval authority, therefore a recommendation from the Planning Commission to the Board of Supervisors regarding the subdivision request is desired. REQUEST FOR CONDITIONAL UBDIVISION COMMENTS Virginia Department of Transportation itiil: Resident H:%nginPPr 14031 Old Valley Pike Edinburg, Virginia 22824 (540) 984-5600 The local office of the Transportation Department is located at 2275 Northwestern Pike in Winchester if you prefer to hand deliver this from. Applicant's name, address and phone number: Greenway Engineering 151 Windy Hill Lane, Winchester, VA 22602 540-662-4185 Name of development and/or description of the request. Solid Woods .Location: North of Sensen Road (Rte 657), 250' east of Sensepy Glen Drive, at the end od Dell Court Va. Dept. of Transportation Comments: The application for subdivision of this property appears to have little measurable impact on Route 1409, Dell C curre ' meet plans VDOT Signature and Date: �7X r,l�— 12/10/03 (NOTICE TO RESIDENT ENGINEER *PLE SE RETURN THIS FORM TO APPLICANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach two (2) copies of your application form, pertinent information location map and all other COMMONWEALTH of VIRCjINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY Philip A. Shucet 14031 OLD VALLEY PIKE JERRY A. COPP COMMISSIONER EDINBURG, VA 22824 RESIDENT ENGINEER TEL (540) 984-5600 December 10, 2003 FAX(540)984-5807 Mr. Kurt Pennington C/O Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 Ref: Solid Woods Route 1409, Dell Court Frederick County Dear Kurt: This is to acknowledge receipt of your revised plans dated December 8, 2003 for the referenced project. The plans appear satisfactory and are approved. Please advise the developer accordingly. Please provide six (6) sets of approved construction plans with signed seal for VDOT distribution. I offer the following comments: A preconstruction conference be held by the engineer and/or developer with the attendance of the contractor, various County agencies and VDOT prior to initiation of work. • Materials used and method of construction shall apply to current observed VDOT Road & Bridge Specifications applicable during construction of this development. • Our review and comments are general in nature. Should conditions in the field exist such that additional measures are warranted, such measures shall be completed to the satisfaction of the Department prior to inclusion into the Secondary Road System. • Attached is a copy of the minimum requirements and information needed prior to acceptance of subdivision streets into the Secondary System. This is the responsibility of the deveioper. • All drainage is to be carried within the right-of-way in ditch lines or gutters along the street to a pipe or drainage easement. • The contractor shall notify VDOT when work is to begin or cease for any undetermined length of time. VDOT will also require 48 hours notice for inspections. VirginiaDOT.org WE KEEP VIRGINIA MOVING Mr. Kurt Pennington Ref Solid Woods December 10, 2003 Page Two • The appropriate land use permits shall be obtained before any work is performed on the State's right-of-way. The permit is issued by this office and will require a minimum processing fee, surety bond coverage, and the salary & expenses of a State assigned Inspector. • If mailboxes are to be placed along the roadway fronting lots, a minimum of 4' shall be between the edge of pavement and the front of mailbox as shown on the attached sketches and Standard RFD 1. • Private entrances will be installed in accordance with VDOT Standard PE -1. This is the developer's responsibility. • Any entrances constructed from the referenced street(s) shall meet VDOT minimum standards. This is the developer's responsibility. • I suggest any utilities and/or storm sewer placed within the proposed right-of-way be backfilled completely with C.R. Type 21-B Stone. This will greatly reduce the possibility of any pavement settlement. • A copy of any/all RECORDED PLATS of dedication to public use (the County of Frederick) for drainage easements or additional right-of-way required for implementation of this proposed project should be provided for VDOT review prior to issuance of any land use permit. Should you need additional information, do not hesitate to call. Since r13, YAA+ Barry J. Sweitzer, Trans. Roadway Engineer For: Lloyd A. Ingram, Transportation Engineer BJS/rf Attachments xe: Mr. Dave Heironimus Mr. Jeremy Camp QUEST FOR CONDITIONAL SUBDIVISION COLNIl NTS Winchester Regional Airport Attn: Executive Director 491 Airport Road Winchester, Va. 22602 (540) 662-2422 The Winchester Regional Airport is located on Rcute 645, off of Route 522 South, if you prefer to hand deliverthis review form Applicant's name, address and phone number: Greenway Engineering 151 Windy Hill Lane, Winchester, VA 22602 540-662-4185 Name of development and/or description of the request: Solid Woods Location: North of Senseny Road (Rte 657), 250' east of Senseny Glen Drive, at the end od Dell Court Winchester Regional Airport Comments: Airport Signature and Date: cl-� " J. r I M I-�L (NOTICE TO AIRPORT *PLEASE RETURN THIS FORM TO APP NOTICE TO APPLICANT It is your responsibility to corTlete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form, location map and all other pertinent information. WINCHESTER REGIONAL AIRPORT SERVING THE TOP OF VIRGINIA / October i6, 2003 Kurt Pennington Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22602 (540) 662-2422 Re: Conditional Subdivision Comment Solid Woods Red Bud Magisterial District Dear Mr. Pennington: The above referenced proposal has been reviewed and it appears that the proposed site plan will not have an impact on operations at the Winchester Regional Airport as the proposed development lies outside of the Airport's Part 77 surfaces and are not subject to special conditions. Thank you for your cooperation and consideration in the continuing safe operations of the Winchester Regional Airport. Sincerely, 6 Serena R. Manuel Executive Director OCT 2 0 2003 A - _- s ------ 0 65 A ReZoning # 08 - 03 SWEJ, LLC PIN(s) 65-A-47 65-A-48 N w+ E s 0 30 60 Feet M!%wili 867 ry CIVZ N 03 ^ N 0 N N� ^ ^ Z > m cv N co N �[! �Sqv cn Q c 1t Q m 3 _R 2 co � C N M W 65 A 48 "'3e SWEJ, m LLC r 65 A 47 657 <o SWEJ, LLC 65 A 46 1 1 �2— SENSENY ROAD RENTALS, LLC co to N co In 0) i LU coQ W co ° ��v roh GLENMONT VILLAGE ASSOCIATION 65D 4 5 65A 01 O 865 TN a 0 65 A ReZoning # 08 - 03 SWEJ, LLC PIN(s) 65-A-47 65-A-48 N w+ E s 0 30 60 Feet M!%wili APPLICATION AND CHECKLIST SUBDIVISION FREDERICK COUNTY VIRGINIA Date: 10/21/03 Application # 14-03 Applica&Agent: Greenway Engineering Address: 151 Windy Hill Lane Winchester, VA 22602 Phone: 540-662-4185 Owners Name: SWEJ.LLC Address: 102 Dell Court Winchester, VA 22602 Phone: 540-662-3961 Please list names of all owners, principals and/or majority stockholders: Bruce Bovle Contact Person: Kurt PenningkQn Phone: 662-4185 Fee Paik®d0 Name of Subdivision: Solid Woods Number of Lots: 5 Total Acreage 4.01 Property Location: North of Senseny Road (Rt 657), East of Senseny Glen Drive, at the end of Dell Court (Give State Rt. #, name, distance and direction from intersection) Magisterial District Red Bud Property Identification Number (PIN) 65-((A))-47 & 48 Property zoning and present use: RP / Vacant Adjoining property zoning and use: RP /Residential & RA /Vacant Has a Master Development Plan been submitted for this project? Yes ❑ No If yes, has the final MDP been approved by the Board of Supervisors? Yes ❑ No ❑ What was the MDP title? Does the plat contain any changes from the approved MDP? Yes ❑ No ❑ If yes, specify what changes: ❑ MinimumLot Size (smallest lot) 15455 SgFt Number and types of housing units in this development: Number 5 Types Single Family Detached - traditional FYI COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 October 31, 2003 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Master Development Plan Waiver for SWEJ, Inc. Property Identification Numbers (PINs) 65-A-47 and 65-A-48 (Zoning: RP) Dear Evan: I am in receipt of your letter, received by staff on October 24, 2003, which requests a waiver to the master development plan process for the proposed subdivision of the above -referenced parcels. This subdivision proposes up to five single-family detached traditional lots within the RP (Residential Performance) Zoning District. The Frederick County Board of Supervisors approved the rezoning of these parcels, with proffers, on October 8, 2003 (REZ 908-03). Section 165-134 of the Frederick County Zoning Ordinance gives the Director of Planning and Development the ability to waive the requirement for a master development plan under certain conditions. The proposed subdivision satisfies these conditions. Therefore, your request for a waiver to the County's Master Development Plan process is appropriate in this situation. Please be advised that the waiver of a Master Development Plan does not eliminate any applicable development and design requirements of the Frederick County Subdivision and Zoning Ordinances. It should also be noted that the subdivision plats for this project will require review before the Board of Supervisors during a public meeting. Please contact me if you have any questions regarding this letter. Sir4hrely, a rence, AICP Planning Director JFC/ERL d cc: atrick T. Davenport, Zoning & Subdivision Administrator i tit b --------- _-,.,... 107 North bent Street - Winchester, Virginia 22601-5000 Exhibit "A" - - - --------.,..I-I. , -„ SOLI® WOODS RED BUD MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA OCTOBER 9, 2003 ok o „p role de e C Rood o` pc,.F G y,yon Rt. 657 o m D p c `' Mes uil CL QJD c o Ci. Vongough ern5 Senses Rood �. denridge �c1e Rt. BSS Ed "ood Drive c O — V F � Z rd c a c akmon Circte S ' o c � a VICINITY MAP Moon I" = 1000' OWNER'S CERTIFICATE THE' ABOVE AND FOREGOING SUBDIVISION OF A PORTION OF THE LAND OF SWE✓, LLC, AS APPEARS ON THE ACCOMPANYING PLATS, IS WITH THE FREE CONSENT AND IN ACCORDANCE W(TH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS AND TRUSTEES, IF ANY. &Lr=e a A 11 5�� 2- COMMONWFA� TH OF VIRGINIA CITY / UN F {-reCPei'iCL TO WIT: THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS Qj-�' DAY OF'C'P'YI X�- BY-V� IvtZvYlscV Stt)� (.(� NOTARY PUBLIC l .1._ e0 m' l 551 OVI'VC CL MY COMMISSION EXPIRES Ff6,- Zq 2001{ SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS SUBDIVISION IS ALL OF THE LAND CONVEYED TO SWEJ, LLC BY DEED DATED MARCH 5, 200J OF RECORD IN EDERICK COUNTY CIRCUIT COURT CLERK'S OFFICE AS INSTRUMENT NO. 0300056 MARK D. SMITH, L.S. NOTE: PARENT TAX PARCEL IDENTIFICATION SWEJ, LLC 65-A-47 2.009 AC. ZONE: RP USE: VACANT SWEJ, LLC 65-A-48 2.008 AC. ZONE: RP USE: VACANT APPROVALS: EDERICK COUNTY SANITATION AUTHORITY DATE VIRGINIA DEPARTMENT ZYF TRANSPORTATION DATE 3 FREDERICK COUNTY SUBDIVISION ADMINISTRATOR DATE H MARK D. SMITH 9 No. 002009 a� � � i G � °4 suRv GREENWAY ENGINEERING 151 Windy Hill Lane EngineersWinchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX.- (540) 722-9528 Founded in 1971 »'tv141-,,-reenwayeng.c0m 3719 SHEET I OF 4 20' SANITARY SEWER EASEMENT TM 65F—((1))—(1) SENSENY GLEN TM 65F—((SECTI) SECTION I SENSENY GLEN — SECTION Il LOT 118 LOT 116 LOT 115 LOT 114 LOT 113 LOT 112 I iRv S 66'21 '15' E 400_00" (TOTAL ARE S� 131.21 218.89' L7 �B�a LOT 121 25 B L 25' BRL —� z y m z LOT 1 � �� 10' ACCESS LOT 2 � m Z �, �„ 15455 SF �� EASEMENT 28728 SF Zoo n w vHEREBY o 35' BRL ESTABLISHED 5$'39 o X20 './ 20.0' 6rn 6 J _o 7RF / BRL — ---L o r' AGE DELL COUR --j _D0' STORM L2 Rs .0" �' Q EASEMENT {�a m -4 a 'R a W LOT 3 N LOT 122 -tv_ Q �9r NJ, 37496 SF J ``�F � \�S6 m Og � v In 10' m 2 o STORM !y to n n 1 y DRAINAGE ESMT LOT 4 LOT 5 � 29783 SF \ w Z 17025 SF LEGEND: IRF = 1/2" IRON REBAR FOUND o = 1/2' IRON REBAR & CAP SET UNLESS OTHERWISE NOTED BRL = BUILDING RESTRICTION UNE PER ZONING ORDINANCE PT = POINT NOTE.- 80 0 80 SEE SHEET 3 FOR EASEMENT DETAILS SEE SHEET 4 FOR UNE DATA, CURVE DATA, GRAPHIC SCALE AREA TABULATION AND NOTES. (IN FEET) FINAL SUBDIVISION PLAT SOLID WOODS RED BUD MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGIW, SCALE: 1" = 80' 1 DATE: OCT. 9, 2003 joj7s� GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 F,9X- (540) 722-9528 Founded in 1971 www.greenwayeng.com P v v - vim/ V MARK D. SMITH 9 No. 0(02009 3719 SHEET 2 OF 4 40' BRL 40 BRL o I i- 122.09' 18_5.32' P� OPEN SPACE N 66'21 '15' W 30741' L4 PS m� o `Rfi N 66'21 '15' W 30761'80' L5 80' EFFICIENCY �� SENSENY ROAD BUFFER (VA. ROUTE 657) 50' R/W LEGEND: IRF = 1/2" IRON REBAR FOUND o = 1/2' IRON REBAR & CAP SET UNLESS OTHERWISE NOTED BRL = BUILDING RESTRICTION UNE PER ZONING ORDINANCE PT = POINT NOTE.- 80 0 80 SEE SHEET 3 FOR EASEMENT DETAILS SEE SHEET 4 FOR UNE DATA, CURVE DATA, GRAPHIC SCALE AREA TABULATION AND NOTES. (IN FEET) FINAL SUBDIVISION PLAT SOLID WOODS RED BUD MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGIW, SCALE: 1" = 80' 1 DATE: OCT. 9, 2003 joj7s� GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 F,9X- (540) 722-9528 Founded in 1971 www.greenwayeng.com P v v - vim/ V MARK D. SMITH 9 No. 0(02009 3719 SHEET 2 OF 4 q LOT 118 LOT 116 LOT 115 LOT 114 20.1 r 20" SANITARY SEWER LOT 121 EASEMENT LOT Z LU/LU Jr LOT 113 I LOT 112 OPEN SPACE o� �o 80' ROAD EFFICIE SENSENY ROAD BUFFERNCY �� (VA. ROUTE 657) 50' R/W EASEMENT LINE DATA 80 0 80 GRAPHIC SCALE (IN FEET) FINAL SUBDIVISION PLAT SOLID WOODS RED BUD MAGISTERIAL DISTRICT" FREDERICK COUNTY, VIRGINIA SCALE: 1" = 80' DATE: OCT. 9, 2003 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (S40) 662-4185 FAX: (540) 722-9528 Founded in 1971 WWW.o eenwayerg.com LINE BEARING DISTANCE Dor—SHADED AREA DENOTES A I SHADED AREA 134.748' 1 I �:. VARL48LE WIDTH 178.458' LOT % DENOTES A 10' 20.0 r I Z 41.340' 15455 SF ACCESS EASEMENT C., Cn E6 F'L7 170.554' HEREBY ESTABLISHED o � I ESMT LOT 5 LOT 4 17025 SF 29783 SF 0 10.6' � �Y E4 DELL COURT = E6 N 0 OPEN SPACE o� �o 80' ROAD EFFICIE SENSENY ROAD BUFFERNCY �� (VA. ROUTE 657) 50' R/W EASEMENT LINE DATA 80 0 80 GRAPHIC SCALE (IN FEET) FINAL SUBDIVISION PLAT SOLID WOODS RED BUD MAGISTERIAL DISTRICT" FREDERICK COUNTY, VIRGINIA SCALE: 1" = 80' DATE: OCT. 9, 2003 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (S40) 662-4185 FAX: (540) 722-9528 Founded in 1971 WWW.o eenwayerg.com LINE BEARING DISTANCE Dor—SHADED AREA DENOTES A N 27'39 55" E 134.748' E2 �:. VARL48LE WIDTH 178.458' LOT 122 :•:.:.:: STORM DRAINAGE 42.990' E4 �s EASEMENT 41.340' E5 �qT �,9. STORM `gSFlitiF �, LOT 341. C., Cn E6 F'L7 170.554' DRAINAGE 37496 SF o � I ESMT LOT 5 LOT 4 17025 SF 29783 SF 0 OPEN SPACE o� �o 80' ROAD EFFICIE SENSENY ROAD BUFFERNCY �� (VA. ROUTE 657) 50' R/W EASEMENT LINE DATA 80 0 80 GRAPHIC SCALE (IN FEET) FINAL SUBDIVISION PLAT SOLID WOODS RED BUD MAGISTERIAL DISTRICT" FREDERICK COUNTY, VIRGINIA SCALE: 1" = 80' DATE: OCT. 9, 2003 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (S40) 662-4185 FAX: (540) 722-9528 Founded in 1971 WWW.o eenwayerg.com LINE BEARING DISTANCE Et N 27'39 55" E 134.748' E2 S 79"3258" E 178.458' E3 N 54"32'41 " E 42.990' E4 N 66" 1932 " W 41.340' E5 N 10'27'02" E 11.048' E6 N 79'3258"" W 170.554' 'V v VJ MARK D. SMITH v No. 002009 �D suRV��o 3719 SHEET 3 OF 4 CURVE DATA DELTA ANGLE TANGi 51'19'04" 1201 68' 1722" 3730 51'0936 " 26.33 54-7U'44" 28.13 51'3035" 26.53 57"29'52" 30.17 51'19'04" 12.01 282'38 08" 44.03. LINE BEARING DISTANCE L 1 N 66'1733" W 12.86' L2 S 66'1733" E 12.80' L3 S 71-38'18" W 34.79' 1.4 N 66'5545" W 42.50' L5 N 665545" W 9239' L6 N 23'38'45" E 40.000' L7 S 66'21'15" E 49.897" L8 N 23'3845" E 50.000' PROFFERS A MONETARY CONTRIBUTION OF $10,089 PER BUILDING LOT SHALL BE PAID TO THE TREASURER OF FREDERICK COUNTY PRIOR TO THE ISSUANCE OF THE INITIAL BUILDING PERMIT FOR EACH BUILDING LOT. NOTES 1. THE BOUNDARY INFORMATION SHOWN HEREON IS BASED ON A CURRENT FIELD SURREY BY THIS FIRM. 2 NO TITLE REPORT FURNISHED. EASEMENTS MAY EXIST WHICH ARE NOT SHOWN. 3. THE PROPERTY SHOWN HEREON LIES WITHIN ZONE C, AREAS OF MINIMAL FLOODING PER N.F.LP. FLOOD INSURANCE RATE MAP No. 510063 0120 B, DATED JULY 17, 1978. THE APPROXIMATE LIMITS OF SAID ZONE A ARE SHOWN HEREON AS DETERMINED BY GRAPHIC PLOTTING UPON SAID MAP. AREA TABULATION AREA IN LOTS = 2.9497 ACRES AREA IN STREET = 0.2448 ACRES FINAL SUBDIVISION PLAT SOLID WOODS RED BUD MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: N/A I DATE: OCT. 9, 2003 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Winchester, Vuginia 22602 Surveyors Telephone: (540) 662-4185 FAX. (540) 722-9528 Fo«nded in 1971 www.o eenwayeng.corn MARK D. SMITH No. 002009 3719 SHEET 4 OF 4