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PC 07-07-04 Meeting AgendaAGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia July 7, 2004 7:00 P.M. CALL TO ORDER TAB 1) May 19,2004 Minutes..................................................(A) 2) Committee Reports ................................................ (no tab) 3) Citizen Comments ................................................. (no tab) PUBLIC HEARING 4) Conditional Use Permit 912-04 of Leda J. DeHaven, for Commercial Outdoor Recreation. The property is located at 150 North Hayfield Road (Route 600) and is identified with Property Identification Number 29-A-28 in the Gainesboro Magisterial District. Ms. Mills............................................................(B) 5) Conditional Use Permit #13-04 of Coy and Marion Thompson, for Pet Boarding Facility with Grooming. The property is located at 213 Sir Johns Road (Route 667) and is identified with Property Identification Number 34-3-B in the Stonewall Magisterial District. Mr. Cheran ...........................................................(C) 6) Rezoning #08-04 of Outback Restaurant, Inc., submitted by Gilbert W. Clifford & Associates, Inc., to rezone 2.0 acres from B2 (General Business) District to B2 (General Business) with IA (Interchange Overlay) District. This property is located at the southwest corner of Route 839 and Valley Pike (Route 11 S) in Kernstown, south of Route 37, and is identified with Property Identification Number 75A -6-B-41 B in the Back Creek Magisterial District. Mr. Cheran ...........................................................(D) 7) Rezoning #09-04 of David A. and Linda W. Hicks, submitted by Greenway Engineering, Inc., to rezone .85 acres from RA (Rural Areas) District to B2 (Business General) District. The subject acreage is located west and adjacent to North Frederick Pike (Route 522 N) and north and adjacent to Burnt Church Road (Route 678), and is identified by Property Identification Number 42-A-81 in the Gainesboro Magisterial District. Mr. Cheran ...........................................................(E) PUBLIC MEETING 8) Master Development Plan #08-04 of The Townes at Mosby Station, submitted by William H. Gordon Associates, Inc., for 18 townhouses. The property is located on the north side of Tasker Road (Route 642),1,300 feet east of the intersection of Tasker Road and Aylor Road, and is identified with Property Identification Number 75M -2 -B -8A, in the Shawnee Magisterial District. Mr. Camp............................................................ (F) DISCUSSION 9) Ordinance Amendment - Hours of Operation for B2 Car Wash Mr. Cheran ...........................................................(G) 11) Other • J • MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on May 19, 2004. 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; Robert A. Morris, Shawnee District; George J. Kriz, Gainesboro District; Marie F. Straub, Red Bud District; John H. Light, Stonewall District Cordell Watt, Back Creek District; Richard C. Ours, Opequon District; Charles E. Triplett, Gainesboro District; and Gene E. Fisher, Citizen at Large; Gary Dove, Board of Supervisors' Liaison; Barbara Van Osten, Board of Supervisors' Liaison; and Lawrence R. Ambrogi, Legal Counsel. ABSENT: William C. Rosenberry, Shawnee District STAFF PRESENT: Eric R. Lawrence, Planning Director; Christopher M. Mohn, Deputy Planning Director; Patrick T. Davenport, Zoning & Subdivision Administrator; 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. COMMITTEE REPORTS Comprehensive Plans & Programs Subcommittee (CPPS) Commissioner Light reported that the CPPS will have a meeting on the Rural Areas study on Monday evening. Commissioner Light said that one of the topics being discussed is conservation easements and there is a workshop about tax credits and conservation easements on Thursday, June 10, 2004 in Clarke County. He said that he had a few applications, if anyone is interested in attending. Frederick County Planning Commission Draft Minutes of May 19, 2004 Page 1286 -2 - Historic Resources Advisory Board (HRAB) - 05/14/04 Training Session & 05/18/04 Regular Meeting Commissioner Gochenour reported that the HRAB had their first training session on May 14, 2004, and discussion covered various topics from getting organized and establishing by-laws to conducting business and meeting procedures. She said the second training session will be held on Thursday, June 3, 2004, from 1:30 p.m. until 7:00 p.m. In addition, Commissioner Gochenour reported that the HRAB held their regularly scheduled meeting on May 18, 2004. She noted that the HRAB discussed two items: 1) the review of the Newtown Village rezoning proposal, submitted by Patton, Martin & Associates, P.L.C,; which seeks to rezone 111.7373 acres from RA to R4; and, 2) the review of the Adams Development Group rezoning proposal, submitted by Greenway Engineering, which seeks to rezone 59.71 acres from RA to B3. She reported that potentially significant historical structures were identified and numerous recommendations were provided by the HRAB on both proposals. Economic Development Commission (EDC) - 05/07/04 Mtg. Commissioner Thomas reported that the EDC received a very informative presentation from students at James Wood High School on the demographics of people moving into Winchester -Frederick County Area. He said the EDC also discussed the work planned for the EDC for the upcoming year. Sanitation Authority - 05/18/04 Mtg. Commissioner Fisher reported that the Authority presented a capacity study report to DEQ regarding the Parkins Mill Treatment Plant; the capacity study is basically a three -phased plan for increasing the flow capacity. He said the Authority hopes to start construction next year for completion by 2008. Commissioner Fisher said that the Authority's Engineer/Director, Wellington Jones, reported that water production is down, however, the Northern Plant has significantly reduced the demand for City water supplementation of the County's water supply. Winchester Planning Commission (WPC) - 05/18/04 Mtg. Commissioner Ours reported that the WPC discussed a request by Westminster -Canterbury for a change in their original development plan; the main areas they are seeking to revise are streets and parking, setbacks, landscaping, and some of the buildings. Commissioner Ours said that at some point, a Frederick County Planning Commission Draft Minutes of May 19, 2004 Page 1287 -3 - portion of these changes will be coming to the Frederick County Planning Commission, as the Westminster - Canterbury property lies in both the City and the County. PUBLIC HEARING Conditional Use Permit #07-04 of Roy R. Messick, Jr., for re-establishing a non -conforming use for a hog pen. This property is located at 686 Marple Road (Rt. 654) and is identified with P.I.N. 41 -A -163B in the Gainesboro Magisterial District. Action - Recommended Approval with Conditions County Planner Mark R. Cheran stated that in accordance with the Frederick County Zoning Ordinance, a legally non-confornvng use that has been discontinued due to abandonment may be re-established by obtaining a conditional use permit (CUP). Planner Cheran explained that this proposed use is to re-establish a hog pen that was in operation prior to April 26, 1995, when Frederick County adopted a hog farming ordinance. He said that this ordinance has setbacks for hog operations of 200 feet from an adjoining property used for human habitation. Because the proposed use can not meet the current requirements of the ordinance, the applicant has applied to re-establish the hog pen. Planner Cheran next read a list of conditions recommended by the staff. Mr. Roy R. Messick, Jr., the applicant and property owner, stated that in 1975 he constructed a wooden structure on his property to contain hogs as part of the family farm. By approximately 1997-1998, the wooden structure had deteriorated and because of other financial obligations, he did not replace the structure or the hogs. Last year, he built a fully -enclosed concrete structure with the intention of raising hogs. He did not know an ordinance requiring setbacks was in place; he said a county inspector visited the site to inspect the structure. Commission members inquired how far the pen was from the property line and if there was a location on the property where the 200 -foot setbacks could be met. Mr. Messick said that because of the terrain and nature of the property, any other location would not be conducive for him to take care of his animals. He said the pen was 27 feet from the property line at its closest point. He planned on having two -to - three hogs and possibly, if a litter was produced, there would be eight additional animals for a short time. Mr. Messick assured the Commission that the hogs were for family use only. Chairman DeHaven called for public comment and the following persons came forward to speak in opposition: Mrs. Laura Stewart, adjoining property owner at 732 Marple Road, provided the Commission with handouts and photographs she had prepared and she asked the Commission to deny Mr. Messick's request for a CUP. Mrs. Stewart said that she and her husband moved into their home in 1994 and at that time, there was no hog pen or wooden structure. She was concerned about potential health risks to herself and other neighbors due to the unfavorable land features and the fact that her property was lower in elevation than Mr. Messicks. She said that Mr. Messick has not maintained his property or fences in the past and the Messick's cows have gotten onto her property on numerous occasions. She said that she was concerned that run offfrom Frederick County Planning Commission Draft Minutes of May 19, 2004 Page 1288 -4 - the hog pen would contaminate her water supply. Mrs. Stewart preferred that Mr. Messick move the hog pen to another location on his 11 -acre property. Mr. Stephen Stewart, adjacent property owner at 732 Marple Road, stated that Mr. Messick owns I I acres and he could not understand why Mr. Messick would want to place his hogs less than 250 feet from another residence and within close proximity to a drinking water supply. He said that a number of homes have been built along Marple Road and the community has grown. Mr. Stewart also spoke about the potential health risks associated with hog waste and the terrible odor that emanates from the hog pen. Mr. Stewart described the land as swampy and because of the contour of the land, he feared the water run off from the hog waste would contaminate his well water. He also believed the hog pen would affect his ability to sell his home. Ms. Sandra Kueglar, a resident on Marple Road, reported that the hog pen did indeed prevent Mr. and Mrs. Stewart's home from being purchased by a prospective buyer. Ms. Kueglar said the value of Mr. and Mrs. Stewart's home has plummeted. She added that she has also witnessed the hog waste running downhill from the Messick's property. Board of Supervisors' Liaison, Mr. Gary Dove, commented that the Development Review and Regulations Subcommittee (DRRS) had drafted a new hog ordinance last year. He said the ordinance was recommended for approval by the Planning Commission; however, the Board of Supervisors denied the amendment because a representative from the Farm Bureau, Mr. Paul Anderson, believed the ordinance should not be restricted to just one type of farm animal. Mr. Dove noted that Mr. Messick worked about four months with the DRRS in helping to formulate the amendment. Commission members pointed out that this property was within an agricultural area and under the Right -to -Farm Act, Mr. Messick is permitted to raise hogs on his property; however, the issue remains that Mr. Messick cannot meet the 200 -foot setback on both sides of his 211 -foot -wide parcel. Additionally, the question of whether to re-establish the non -conforming use issue needed to be resolved. They also pointed out that Mr. Messick was not proposing a hog operation, but simply wanted to raise the hogs for his own use. Other members said they would be more comfortable with the CUP if the number of hogs allowed was reduced and the distance from the property lines increased to 25 feet. Still other Commissioners did not believe they could support the request because of the neighbors' objections. Upon motion made by Commissioner Gochenour and seconded by Commissioner Straub, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of Conditional Use Permit 407-04 of Roy R. Messick, Jr. to re-establish a non -conforming use for a hog pen at 686 Marple Road (Rt. 654) with the following conditions as recommended by the staff. All review agency comments and requirements shall be complied with at all times. 2. The hog pen shall be fifteen (15) feet from property lines. 3. No more than twenty-five (25) hogs allowed. 4. Any change of use or modification will require a new conditional use permit. Frederick County Planning Commission Draft Minutes of May 19, 2004 Page 1289 -5 - The majority vote was: YES (TO APPROVE): Straub, Gochenour, Unger, DeHaven, Thomas, Ours, Kriz, Fisher, Triplett NO: Watt, Morris, Lighi (Commissioner Rosenberry was absent from the meeting.) PUBLIC MEETING Master Development Plan #02-03 for Regents Crescent, submitted by Bowman Consulting, for both residential and commercial uses on 11.58 acres, zoned RP (Residential Performance) and B2 (Business General). The property is located on Frederick Pike (Rt. 522 North), approximately 450 feet south of Oakside Lane, in the Sunnyside neighborhood, and is identified with P.I.N. 53-A-53 in the Stonewall Magisterial District. Action - Tabled Planner Jeremy F. Camp provided the background information and noted that the residential component of the development will consist of up to 70 residential uses, consisting of townhouses and cluster units. Planner Camp said that two waivers are being requested. First, a waiver to the entrance spacing requirements along Rt. 522 North is being requested to accommodate a proposed commercial entrance which would be 90 feet versus the required 200 feet. The second waiver requested is to allow individual lot access to be greater than 500 feet from a public road. He said the applicant is proposing a public road into the development which would then branch out into the wider portion of the RP -zoned land with a private road network; at some points, the 500 feet required by the ordinance would be exceeded. Planner Camp said that the Planning Commission may allow this distance to be as much as 800 feet, if an enhanced circulation network is provided through a loop road system, which this applicant is providing. Planner Camp informed the Commission that yesterday, Mr. David Frank of Bowman Consulting, the design company representing the owner, informed the Planning Staff of a modified plan which would impact the private road network, the storm water improvements, and the utility line locations. Planner Camp said the staff suggested that the applicant request a tabling of consideration of the master development plan in order to prepare a completed application package with revised review agency comments; however, the applicant desired to make a presentation to the Planning Commission this evening. Mr. Ty Lawson, an attorney with the firm Lawson & Slick, P.L.C. and Mr. David Frank of Bowman Consulting were available to represent the applicant, Sovereign Homes, Inc. Mr. Lawson presented the master development plan to the Commission and he described the two waivers being requested. It was pointed out by a member of the Planning Commission that the B2 line on the blue print provided by the applicant was different than what was depicted on the County's zoning map; this discrepancy Frederick County Planning Commission Draft Minutes of May 19, 2004 Page 1290 -6- was a concern because the bufl'cr,ng beween. the residential and business areas would require. increased setbacks. Mr. Frank provided a boundary line survey plat prepared by Dove & Associates, dated May, 2001. Mr. Frank said that the notch shown far into the property is actually much closer to Rout❑522 than what is sho, zm on the zoning map. Mir. Frank said that approximately two _years ago, he met with the County's Zoning and Subdivision Administrator, Patrick T. Davenport, and Mr. Davenport made a determination on where the zoning district boundary was intended to be. Zoning and Subdivision Administrator, Patrick T. Davenport, was present and confirmed for the Commission that the zoning district boundary did indeed go to the corner of the Peacemaker property and the boundary shown on the engineered plat was correct. Mr. Frank spoke briefly concerning the existing access easement for the three residential properties to the north. Mr. Frank said that the applicant is providing a safer access for those property owners from their existing access easement to Trafalger Square, the proposed state road that will be intersecting with Route 522. He explained that the applicant's property will actually have two access points to Route 522, however, the only people using the second access point would the three private landowners adjacent to this property. Board Liaison, Barbara Van Osten, inquired if the revision to the master development plan would change the density of the project. Mr. Frank replied that the master development has an allowable density of 70 residential units and the new layout falls below that density. A member of the Commission had concerns about building structures and roads on this property because of the amount of rock present and there were also questions regarding whether any of the existing trees would remain. Mr. David Robbins with the Architecture Collaborative, the architectural design firm for the project, stated that they were aware of the rock conditions and planned to use Georgian -style, three- story structures with no basements. He said that they also chose a network of roads that disturb the existing soil as little as possible and that works with the contours of the ground. Mr. Robbins added that their plans are to have the perimeter of the site remain as wooded as possible. Chairman DeHaven called for public comments and the following persons came forward to speak: Mr. Wayne Peacemaker, adjoining property owner, said that the original plan showed a 100 - foot buffer adjacent to the front and sides of his home. He said that because the townhouses were changed to single-family, he will not now have a buffer against the new development. In addition, Mr. Peacemaker pointed out that he has a 20 -foot right-of-way easement from Route 522. He said that from looking at the plat, he gets the impression that his 20 -foot right-of-way is not being recognized across the entire 150 -foot frontage of his lot. Mr. Jeff Whetzel, said that he was one of the property owners along the private easement, along with Mr. Peacemaker and Mrs. Lentz. Mr. Whetzel said that he did not want the state road connection offered by the applicant; he said there was nothing to stop people from the new development from coming over onto his private drive. He also was not pleased by the fact that they were no longer going to have a buffer between their homes and this new development. Mr. Whetzel was also concerned that the right-hand turn access off of Route 522 was not going to be long enough to handle the speed of traffic, nor would it be able to accommodate the amount of traffic that would be generated by the development. Frederick County Planning Commission Draft Minutes of May 19, 2004 Page 1291 -7 - Next, there was a discussion about whether the revised plan could be sent forward to the Board. The applicant's representatives stated that the only change on the revised plan was a reduction in the road network and the change of housing types from townhouses to single family; they believed the changes would not affect any of the comments received by the reviewing agencies. The Planning Staff commented that none ofthe reviewing agencies had seen the revised plan. Chairman DeHaven said that althou¢h the nronosed changes were minor, he preferred to see a Fire and Rescue review because a different road network had been proposed. He pointed out that if the connection was 60-80 feet with only a 24 -foot pavement section, he would prefer to have Fire and Rescue's reassurance that emergency vehicle access was indeed satisfactory in the case of a multi -alarm situation. Other Commissioners agreed and, in addition, had concerns about forwarding a uncompleted or incorrect application package to the Board of Supervisors. Commissioner Light made a motion to table this master development plan until such time as the applicant could submit a completed revised application package to the staff with revised review agency comments. This motion was seconded by Commissioner Ours and unanimously passed. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously agree to table Master Development Plan #02-03 of Regents Crescent, submitted by Bowman Consulting, for both residential and commercial uses on 11.58 acres, zoned RP (Residential Performance) and B2 (Business General), until such time as the applicant could submit a completed revised application package to the staff with revised review agency comments. (Commissioner Rosenberry was absent from the meeting.) Master Development Plan #05-04 of Channing Drive, Phases 9 and 10, Fu-Shep Properties, submitted by Eastern States Engineering, for 220 total dwelling units consisting of 149 single-family small lot dwelling units and 71 multiplex dwelling units. The property is located at the northern terminus of Morning Glory Drive (Rt. 1400) and Canyon Road, approximately 2,300 feet north of Senseny Road (Rt. 657), and is identified with P.LN.s 55-A-209, 55-A-211, 55-A-213, and 65-A-40, in the Red Bud District. Action - Recommended Approval Planning Director Eric R. Lawrence stated that the necessary review agency comments that were absent from the application have since been received by staff on May 18, 2004, and were handed out to the Planning Commission this evening. He said that this submittal now makes this master development plan application complete. Director Lawrence pointed out three planning issues which still remained to be addressed. Those issues included the need for a community center to be located on site; the need to identify all riparian buffers on the site; and the need for residential separation buffers. Director Lawrence reported no significant outstanding issues from the reviewing agencies, however, the Public Works Director/County Engineer has requested that the master development plan identify wetlands and storm water management locations. Director Lawrence concluded his presentation by noting that the density, access, and road system were consistent with what is allowed by the ordinance. Frederick County Planning Commission Draft Minutes of May 19, 2004 Page 1292 -8 - Mr. Ty Lawson, an attorney with the firm Lawson & Silek, P.L.C. was available to represent the applicant, Toll Brothers, L.P. Mr. Lawson presented a brief history of the Channing Drive project to the Commission. Members of the Planning Commission raised the suggestion that both Canyon Road and Morning Glory Drive be opened for residential traffic, rather than funneling all the traffic through Canyon Road alone. Mr. Lawson pointed out that both Canyon Road and Morning Glory will need to comply with state standards and have state road connections. He noted that the applicant will construct a seamless connection to Morning Glory Drive, however, it will be barricaded, per a court order. Mr. Lawson next addressed the issues raised by the staff. It was noted that the neighborhood community center planned with the original master plan was designed to accommodate capacity from all three properties included within the collective Channing Drive development. However, the applicant has plans to restore the existing structure located on the other side of the lake, converting it into an additional community center. He said that access would be via the trail system across the dam. Mr. Lawson said that the applicant was seeking a waiver for the residential separation buffer adjacent to the Manning & Ross property because they believed the natural 50 -foot buffer was preferable to creating a man-made 25 -foot buffer. Mr. Lawson said that no riparian buffers or wetlands would be disturbed and these features would be designated on the master plan. Some members of the Planning Commission raised the issue of restricting all construction traffic to the 75 -foot fee simple right-of-way owned by the applicant and allowing only residential traffic on Morning Glory and Canyon Drive for safety reasons and to ease traffic congestion. The legality of prohibiting use of a state -maintained road connection was raised. The viability of construction traffic using the 75 -foot right-of-way was questioned because of its existing impassable terrain. Both Commissioners Ours and Thomas believed that the County needed to take steps to mitigate the impact of new construction on existing residential neighborhoods. Commissioner Thomas believed it was appropriate for the Board of Supervisors to recommend that the developer be required to restrict construction traffic to the 75 -foot right-of-way and to open up both Morning Glory Drive and Canyon Road to residential traffic only. Chairman DeHaven next called for public comments and the following persons came forward to speak: Mr. Dan Busby, the President ofthe Senseny Glen Home Owners Association (HOA), inquired about obtaining permanent access to Senseny Glen's common area through the Channing Drive development. Mr. Busby explained that the HOA owns 10.216 acres of open space which they are responsible to maintain, however, they have no access. Mr. Busby also spoke in length about the impact of construction traffic on existing homeowners in Senseny Glen. He presented a written transcript of the concerns he raised to the Commission and he asked that the Senseny Glen HOA be informed of any future actions that may affect Senseny Glen. Ms. Cindy Cornwell, a resident of 211 Senseny Glen Drive, spoke about the speeding problem they currently have in their development and the safety issues it presents. Ms. Cornwell was concerned about the possibility of construction traffic going through her neighborhood and she preferred that construction traffic use the 75 -foot right-of-way rather than Morning Glory or Canyon Road. She also spoke about the possible disturbance of wetlands. Frederick County Planning Commission Draft Minutes of May 19, 2004 Page 1293 Ms. Joan Schnieder, a homeowner in Senseny Glen, spoke in favor of the plan, citing the possibility of increased property values. Members of the Commission were hesitant to send the plan forward to the Board of Supervisors because neither the staffnor the Commissioners had an opportunity to review the agency comments that were just submitted. Other members of the Commission believed there were issues that were still unresolved regarding infrastructure and access. In light of these concerns, a motion was made by Commissioner Thomas and seconded by Commissioner Kriz to recommend approval ofthe master development plan for Phases 9 and 10, subject to the applicant satisfactorily addressing all agency comments. BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of Master Development Plan #05-04 of Channing Drive, Phases 9 and 10, Fu-Shep Properties, submitted by Eastern States Engineering, for 220 total dwelling units consisting of 149 single-family small lot dwelling units and 71 multiplex dwelling units, subject to the applicant satisfactorily addressing all agency comments. The majority vote was as follows: YES (TO RECOMMEND APPROVAL): Triplett, Fisher, Kriz, Ours, Thomas, DeHaven, Light, Morris, Unger, Watt NO: Gochenour, Straub (Commissioner Rosenberry was absent from the meeting.) Upon motion made by Commissioner Ours and seconded by Commissioner Morris, the Planning Commission unanimously voted to incorporate the letter submitted by Mr. Dan Busby, the President of the Senseny Glen HOA, a part of the official record. Upon motion made by Commissioner Kriz and seconded by Commissioner Ours, the Planning Commission unanimously voted to incorporate the comments and exhibits submitted by Ms. Stewart as part of the official record. ADJOURNMENT No further business remained to be discussed and the Planning Commission adjourned by a unanimous vote at 10:10 p.m. Respectfully submitted, Charles S. DeHaven, Jr., Chairman Eric R. Lawrence, Secretary Frederick County Planning Commission Draft Minutes of May 19, 2004 Page 1294 qw �� CONDITIONAL USE PERMIT #12-04 w LEDA J. DEHAVEN Staff Report for the Planning Commission Meeting s Prepared: June 14, 2004 Staff Contact: Candice E. Mills, 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. Reviewed Action Planning Commission: 07/07/04 Pending Board of Supervisors: 08/11/04 Pending LOCATION: This subject property is located at 150 North Hayfield Road (Route 600). MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER(s): 29-A-28 PROPERTY ZONING & PRESENT USE: RA (Rural Areas) Zoning District Land Use: Agriculture ADJOINING PROPERTY ZONING & USE: RA (Rural Areas) Zoning District Land Use: Agriculture, Residential and Religious PROPOSED USE: Commercial Outdoor Recreation REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 600, the VDOT facility which would provide access to the property. Existing entrance is adequate for proposed use. However, should use ever expand in the future, the entrance may have to be upgraded to VDOT commercial standards. CUP #12-04 - Leda J. DeHaven June 14, 2004 Page 2 Frederick Counly Fire Marshall: Portable Fire Extinguishers are recommended for the barn and picnic area. Plan approval recommended. Health Department: Health Department has no objections to request for conditional use. (Additional comment that only 15 patrons should be allowed per day) Frederick County Inspections: No comment required or change of use required. Planning and Zoning: Commercial outdoor recreation is an allowed use in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit (CUP). This proposed use will be conducted on a property that is approximately 83 acres in size and is surrounded by RA zoned properties that consist of residential, agricultural and religious uses. The applicant is proposing to have a petting zoo, pony rides and a picnic area to conduct birthday parties. During the first year of operation, the applicant plans to have an awing/tent to conduct parties in and in the future plans to construct a shelter on the property. All activities that will be conducted on the property will be by scheduled appointments only and will consist of small groups of no more than 15 people. Based on the limited scale of this proposed use and evaluation of the property, it appears this use would not have any significant impacts on the adjoining properties. STAFF CONCLUSIONS FOR THE 07-7-04 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. Adequate parking areas for patrons shall be provided prior to issuance of a business license. 3. No more than 15 customers per day allowed. 4. Any proposed business sign shall conform to Cottage Occupation sign requirements, and shall not exceed four (4) square feet in size. 5. Any expansion or modification shall require approval of a new Conditional Use Permit with a site plan. CUP# 12 - 041/ Leda J. Dehaven P, Oro 82B 2.9 A A 29 2 23 500 250 0 500 1.000 Feet MAP FEATURES 0 Itarn tt C-,� U e S ep 0 k d; Pan a Fe Powis QgD Fboplilk Cm Wary, Roads bIIbjIkgt n fcwv Road; [Mads Paroe I Lhe; 11clex CO it Ir L Im Fore0com Otmam4 CUP=12-04 P Cheated by Fredr-rr.* Cbunt-j Dep.-krrient of Planning & De-,rubpmaA Thismap is for yoneral ri-ference and r not to be wristmed as accumte. Aq� Locate -actual property (bckments or, file vdth ff-P, Frpdew*. Gwnb/ Cletf."Sofflix-, a �tGK COG Submittal Deadline v P/C Meeting ,`�y BOS Meeting 0 APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Abplicant (The applicant if the / gd _ owner other) NAME: Lo n ADDRESS: TELEPHONE 2. Pleas the property: occupants, or parties in interest of 0C 3. The property is located at: (please give exact directions and include the route number of your road n,- =t„---4-, (7-F 4 . The 4 propeAd has a road frontage of Oji depth of feet and consists of feet and a (Please be exact) >, acres. 5. The property is owned b evidenced by deed from ; _ as recorded in deed book no. yr} --, previous owner) records of the Clerk the Ci on page/as cuit Cour ecor3ed in the Frederick. t, County of f. Tax(Parcel)Identification (I.D.)No. - Magisterial District Current Zoning 1 - _� .'0-I 7. Adjoining Property: USE t �dQt1.0� ZONING North �- t� k- fvt East SAY . t� c, C A . LAC ci- ". Lo ti�� % South West _ --• - (�Ps� f S. The type of use proposed is (consult with the PlanningDept. before completing) 1i ,h i A ii �-r �r ) 4 � ^f� t 1 5i.F ,-f E; was 6ciu C -i a } (\-c b �o�d� . ib o c, c•a, �c1ro 3`al G)cu, (\tZ h, C,0120C-Ofi L i nc,�` V a 3 'W2Z PINS as- A"a$E P)"-11 a9' N -too' -,)101 OLcs� 10 's.J VVI a Lk )0 —)G ~P~ l0,:4, L--" f0. �� W¢ncl�l� �o4,��So� Jam_ �►� a9 -A �lcl� e S s -�y C� c.; tie shu c i 20 QSl w i tic ��.r��2(i Via- d 3 a cwso n, Le c,,�,�t G i -T �ldress �� `� 2l C� 4. c•�..s�-,oro � Co)( P1- 5ut12_N c� b1 i n o 4 L4 3v\La I.t n e r, } re cl E 7- a-- 74rv)rntJ. L gross : 1 'a 0 a C> k-.-, c C—\,r\ �- i,.��kt&jtr V R o a o e C-, ut1- h�'� y Won rt - mss - aa9 N . << (�L�A IJDC� o,rw : 7'al bo +, 1,) �,�, I \,, tom- 1>10A �cA a9 ��&& T --o C-09 acs vv . Uxv6 �; L� � .lj;Rc► )v' �aLAC13 q4" l � J ��r y d 13 : l l; e � o� � (� I h� oLcG - A -,Q &A � I -i 111 G C( �o R C�-t-f C I V' 3 rN 127d VN 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. 4j - r /3, Cr, cNJ 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 i Signature of owner Owners' Mailing AddressU�Cf4 Owners' Telephone No. b,��, 5�� TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: Large Stump 4- 5tO5 °e ale. ZN i IPF � 5' <e Fcdn��<o �Nr� gi O'.0-. 0� s5rO �i 0 IPS \' O•�y a0 S o•v'�ea A E J 83.4603 ACRES Q LEDA J. LIZER D.B.907, P.176 O ( N�elll PIN=29—A-28 h Houea i Under S13'29'41"W 186.04' Conatru tion � �t�aY�'}[ m IPF S33'44106"W t� SUN cj0 D.8.214, P.147 057.99' ��'� S2743' „W ° a ° I oIP �o� .4 IPF IPS 19` Ash 2 9. 5' '05 �a O�oV ve'o s/ Marjorie E. Snyder01 Ln Bobbia Jean Solomon Janet Sherman .,& I Vincent R. Snyder pr ✓ D.B.887, P.1489 Laep CA. W O 0 . s `t Richard W. Talbot r Brenda A Talbot o) D.B.615. P.570 IP NOTES 1. No Title Report Furnished. 2. The property shown on this plat is the same property conveyed by Bobbie Jean Salomon, Janet Sherman and Joyce Hottle to Leda J. Lzer by a deed dated June 3, 1998 and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 907, Page 176. 3. PIN=29—A-28 532'48'2 W '0,• Vis, s IPs 831.71 ' a�',r9Q H A Y F I E L D IPs R 0 A D STATE R 0 U T E 6 0 0 30' R/W r "san BOUNDARY SURVEY eQfe OF THE PROPERTY OF LEDA J. LIZER GAINESBORO DISTRICT FREDERICK COUNTY, VIRGINIA SCALE:1" =400' FEBRUARY 19, 1999 RITCHIE SURVEYS STEPHENS CITY, VIRGINIA Ta 4*0f. IPS IPF 8455, a/, or gl'EtyN�R �>> Nathaniel S. Smith, et ux D.B.686, P.496 t� SUN cj0 D.8.214, P.147 ,�j6� ' N55'38'00" E rO �`CLIC-ENSENo 85.49' .. ., .. �. Bobbia Jean Solomon Janet Sherman Joyce Hottle�i�►C4- D.B.890, P.384.,.IPS o) JrLO ..In QO`Bam!l10Pa 532'48'2 W '0,• Vis, s IPs 831.71 ' a�',r9Q H A Y F I E L D IPs R 0 A D STATE R 0 U T E 6 0 0 30' R/W r "san BOUNDARY SURVEY eQfe OF THE PROPERTY OF LEDA J. LIZER GAINESBORO DISTRICT FREDERICK COUNTY, VIRGINIA SCALE:1" =400' FEBRUARY 19, 1999 RITCHIE SURVEYS STEPHENS CITY, VIRGINIA • C AGK ` CSG CONDITIONAL USE PERMIT #13-04 COY AND MARION THOMPSON a w Staff Report for the Planning Commission Meeting Prepared: June 21, 2004 Stan Contact: Mark R. Cheran, Planner i This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 07/07/04 Pending Board of Supervisors: 08/11/04 Pending LOCATION: This subject property is located at 213 Sir Johns Road (Route 667). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER(s): 34-3-B PROPERTY ZONING & PRESENT USE: RA (Rural Areas) Zoning District Land Use: Residential ADJOINING PROPERTY ZONING & USE: RA (Rural Areas) Zoning District Land Use: Residential PROPOSED USE: Pet Boarding Facility with Grooming REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for this property appears to have a measurable impact on Route 667, the VDOT facility which would provide access to the property. Prior to operation of the business, a commercial entrance must be constructed to our standards to allow for safe egress and ingress of the property. Any work performed on the State's right-of-way must be covered under a land use permit. The permit is issued by this office and requires an inspection fee and surety bond coverage. CUP #13-04 Coy and Marion Thompson June 21, 2004 Page 2 Frederick County Fire Marshall: Access to the site shall meet the requirements of NFPA 1141. Plan approval contingent upon meeting access requirements. Health Department: No objection to dog kennel so long as no public restroom facilities provided. Frederick County Inspections: New buildings shall 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 A 117.1-98 Accessible and Usable Buildings and Facilities. Please submit two sets of structural plans at the time of permit application. Note fences over six feet shall require permits. Planning and Zoning: The Frederick County Zoning Ordinance allows kennels in RA (Rural Areas) Zoning District with an approved Conditional Use Permit (CUP). This proposed use will occur on 5.90 acres of land with the nearest residential dwelling being more than fifty (50) feet from this proposed use. The proposed building will house a pet grooming room, office, and cattery. There will be forty-eight (48) indoor/outdoor kennels with runs. There will be three (3) employees associated with this proposed use that do not reside on the site. An engineered site plan approved by Frederick County shall be required. This site plan will include opaque fencing of six (6) feet in height to enclose the outdoor runs. This proposed use shall have hours of operations of 8:00 a.m. to 9:00 p.m. daily. This proposed use shall be in conformance with Section 165-41 of the Frederick County Zoning Ordinance, regarding confining and securing dogs. All dogs shall be kept secured indoors from the hours of 9:00 p.m. to 7:00 a.m. daily. Based on the scale of this proposed use, evaluation, and location of the property, it appears that this use would not have any significant impacts on the adjoining properties. STAFF CONCLUSIONS FOR THE 07-07-04 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 with all improvements shall be approved by Frederick County; prior to operation of this kennel. 3. Hours of operations shall be from 8:00 a.m. to 9:00 p.m. daily. 4. All dogs shall be secured indoors from 9:00 p.m. to 7:00 a.m. 5. No breeding of dogs or cats shall be with this use. CUP #13-04 Coy and Marion Thompson June 21, 2004 Page 3 6. No veterinary office shall be allowed to operate with this use. 7. One (1) non -illuminated business sign that shall not exceed a height of more than five (5) feet from its base; and not more than four (4) square feet in area. 8. Only forty-eight (48) dogs allowed on site. 9. Any expansion or modification of this use shall require approval of a new Conditional Use Permit. � 34 3 C �1 FLETCHER 34 3 A 34 3 B THOMPSON 34 A 69A BURLESON 34 A 73 HARBAUGH 34 A 72 JOBE hes BURLESON CU P# "1-04 - Coy & Marion Thompson (PIS' - 34 - 3 - B) I Submittal dead l1I3 //6 - P/C / C P;C Meeting r/ 1 sOs Meeting i APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. AR21icant (The applicant if the X owner other) NAME: Coy K. & Marion Thompson ADDRESS: 213 Sir Johns Road Clear Brook, VA 22624-1121 TELEPHONE (540) 667 - 6870 2. Please list all owners, occupants, or parties in interest of the property: Coy K. Thompson; Marion Thompson 3. The property is located at: (please give exact directions and include the route number of your road or street) Route 1 IN. to Clear Brook. Right onto Brucetown Road (Rt 672) for approximately 2 miles. Turn left onto Sir Johns Road (Rt 667) for approximately 1/4 of a mile. Cross Turkey Run - First house on left. 4. The property has a road frontage of aprox.500 feet and a depth of aprox.650 feet and consists of _5.90+/- acres. (Please be exact) 5. The property is owned by Coy K. & Marion Thompson as evidenced by deed from William & Ellen Klink recorded 6. 7. (previous owner) in deed book no. 628 on page 98 , as recorded in the records of the Clerk of the dir-rcuiit Court, County of Frederick. Tax(Parcel)Identification (I.D.)No. Magisterial District Stonewall Current Zoning R/A Adjoining Property: USE North Field w/house in back East Mobile Home South Field West House 34-3-B 8. The type of use proposed is (consult with the Planning Dept. before completing) Cpmmercial Pet BQardm Faci& with aro mmg. 9. It is proposed that the following buildings will be constructed: A building that will house a groorning room, cattSy, offices ace and 48 indoor/outdoor kennels and runs. 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: NAm Alan and Ellen Fletcher ADDREss 225 Sir Johns Road, Clear Brook PROPERTY IDI 34 - 3 - C NA= Fred Burleson ADDRESS 164 Sir Johns Road,_ Clear Brook PROPERTY ID# 34 - A - 69A NAME Fred Burleson PROPERTY ID# 34 - A - 71 ADDRESS 164 Sir Johns Road, Clear Brook NArsE Harry Herbaugh ADDRESS 202 Sir Johns Road, Clear Brook PROPERTY IN 34 - A - 73 NAME Richard Jobe ADDRESS2719 Brucetown Road, Clear Brook PROPERTY ID# 34 - A - 72 NAME Charles Preston Gloyd ADDREsa 249 Sir Johns Road, Clear Brook PROPERTY ID# 34 - 3 - B NAME Linus and Evelyn Verzi ADDRESS 2325 North Upton Street PRopERTY ID# 34 - 4 - B Arlington, VA 22207-4044 NAME ADDRESS PROPERTY ID# )..a c t,'t 10 yj © F tDvo L L-1 ; A) C- 5 0 13 .j e-A�- -`T-TO .5 t T t 94J (�-cr� . IF C4 JZ-E&O Jvr Jtic e o nw 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. .4 a oil- 2 b or it I ' J. st aeti +� ki ` Eg . v Lii Uj ` w * N - a VA u 14 >t lu a '7 3"ice RR PI=5.97 �+. �fWQa ja 1.©_73 --,. I. +¢" r - a car 49. zg C11 Ap i 12. Additional comments, if any: .1) s 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. cov3 Signature of Applicant K. �1 Signature of Owner �A�_ Owners' Mailing Address X 13 SIP- - c4A(0s (&At> 04k , JA Owners' Telephone No. S2pa 1,( TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: 0 - " tin EST 'bcreifl Spring hite Hall 52 Sta(rjFo rt rimes f -cedar Hill n 02003 fila u,Questmm, Ino.; 02003 GD7, Ino. "I P lwav_ ti Opeq UOn b�eek 411. Q We Run'% Ar_Bj_,00k..— B henson 0 41 Le etow n :own r. adesville N Gordan S 0 rj n19 s q?j Burnt Fattb REZONING APPLICATION #08-04 OUTBACK RESTAURANT, INC. Staff Report for the Planning Commission Public !-fearing Prepared: June 21, 2004 Staff Contact: Mark R. Cheran, Planner I This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 07/07/04 Pending Board of Supervisors: 08/11/04 Pending PROPOSAL: To rezone two (2.0) acres from the B2 (General, Business District) Zoning District to B2 with IA (Interstate Area Overlay) Zoning District, to accommodate an interstate overlay sign. LOCATION: The property is located at the southwest corner of Route 839 and Valley Pike (Route I 1 S) in Kemstown, south of Route 37. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER(S): 75A -6 -B -41B PROPERTY ZONING: B-2 (Business, General District) PRESENT USE: Vacant/Unimproved ADJOINING PROPERTY ZONING & PRESENT USE: North: B2 (Business, General District) Use: Commercial South: B2 (Business, General District) Use: Residential Fast: B2 (Business, General District) Use: Unimproved West: B2 (Business, General District) Use: Self -Storage PROPOSED USE: Restaurant use with Interstate Area Overlay REVIEW EVALUATIONS: Virginia Dept. of Transportation: VDOT has no objection to this rezoning. Fire Marshal: No concerns with this project. Appears to be consistent with surrounding parcels and land uses. No significant concerns related to fire protection. REZ 408-04, Outback Restaurant, Inc. Page 2 June 21, 2004 Frederick -Winchester Service Authority: Plans do not reflect concerns altering Fire & Rescue Services. Plan approval recommended. County Engineer: No comment required at this time. Shall continent on site plan review. Planning & Zoning: l.) Site Histo : The original Frederick County zoning map (U.S.G.S. Stephens City Quadrangle) identifies the subject parcel as being zoned B2 (Business General District). 2) Comprehensive Policy Plan: This parcel is located in the Route 11 South Corridor as identified by the 2003 Comprehensive Policy Plano Frederick CounU Virginia. (Page 6-23) The Comprehensive Policy Plan of Frederick Coun4y Virginia- recommends methods to preserve the appearance of the Route 11 South Corridor. (Page 6-26) Signage located along this corridor is to be limited and, encourages the use of signage of monument style. This proposed interstate overlay sign does not satisfy the intent of the policies of the Route 11 South Corridor Land Use Plan and therefore, may not be appropriate. 3) Potential Impacts: The IA (Interstate Overlay) Zoning District, Section 165-127 of the Frederick County Zoning Ordinance allows for any property, or qualifying land uses located in the district, to exceed the sign heighth requirements of the B2 zoning district. The maximum height of signage in theB2 Zoning District is 35'. Heighth of signs located in the IA Zoning District is based on mean sea level, where the interchange is located. The heighth of this sign would be 63' and have a distinct visual impact on the Route 11 South Corridor. Staff would note that the property currently is enabled to have a sign 35' and 150 square feet. 4) Proffer Statement: No proffers have been submitted with this proposed rezoning. STAFF CONCLUSIONS FOR 07/07/04 PLANNING COMMISSION MEETING: The proposed rezoning is a request to rezone a two (2) acre parcel of land from B2 (Business, General District) to B2 (Business, General District) with IA (Interstate Area Overlay) to accommodate an interstate overlay sign. The restaurant use on this property qualifies for the IA (Interstate Area Overlay) Zoning District as set forth in Section 165-130 of the Frederick County Zoning Ordinance. An interstate overlay sign height is measured from mean sea level on the property. The proposed sign to be located on this parcel will be 63' in height and will be located at the rear of the parcel. A sign of this heighth is not consistent with the corridor design policy of the Route 11 South Corridor and Land Use Policy, which calls for limiting signs along the corridor. Signage along the corridor should be a monument style of business sign.(Comprehensive Policy Plan for Frederick County Virginia Page(s) 6-23, 6-26) Following the required public hearing, it is requested that the Planning Commission forward a recommendation to the Board of Supervisors regarding this application. REE-#08-04 - Outback Restaurant (PIN: 75A - 6 - B - 41 B) REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff.= Fee Amount Paid c 0 Zoning Amendment Number ItYa Date Received (o PC Hearing Date BOS Hearing Date The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Outback Steakhouse, Inc. Telephone: (813) 282-1225 Address: 2202 North West Shore Blvd. Suite 500 Tampa FL 33604 2. Property Owner (if different than above) Name: Toms, LLC Telephone: Address: P.O. Box 3243 Winchester, VA 22604 3. Contact person if other than above Name: Ron Mislowsky Telephone: 667-2139 4. Checklist: Check the following items that have been included with this application. Location Map X Plat X Deep of property N/A Verification of taxes paid N/A Agency Comments X Fees X Impact Analysis Statement N/A Proffer Statement N/A 1 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Toms, LLC 6. A) Current Use of the Property: B) Proposed Use of the Property: 7. Adjoining Property: PARCEL ID NUMBER 75A -6-B-41 75A -6-12A 75-A-4 75-A-10 Vacant Restaurant USE Mini Storage Residential Commercial Vacant ZONING B-2 B-2 B-2 B-2 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers). Southwest corner of VA Route 839 and U.S. Route 11 in Kernstown, south of VA Route 37. Fa Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density of intensity scenario for the proposed Zoning District as described on page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number 75A -6 -B -41B Districts Magisterial: Back Creek High School: N/A Fire Service: Middle School: N/A Rescue Service: Elementary School: N/A 10, Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning, Zonin Requested 2 B-2 B-2 w/IA 2 Total acreage to be rezoned 11. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family Home 0 Townhome 0 Multi -Family 0 Non -Residential Lots 1 Mobile Home 0 Hotel Rooms 0 Square Footage of Proposed Uses Office 0 Service Station Retail 0 Manufacturing Restaurant 6,200 Warehouse Other 0 0 3 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s) Ronald A. Mislowsky, P.E., PHR+A Owner(s)�� Date Date 6/3/04 Date Date Adjoining Property Owners Rezoning Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name and Property Identificaiion Number Address Name Mary Ellen Neff 3850 Valley Pike Property # 75A -6-12A Winchester, VA 22602 Name Orange Partners 500 Pegasus Court Property # 75-A-10 Winchester, VA 22602 Name Vanco, LLC 683 Payne Road Property # 75A -6-B-41 Clearbrook, VA 22624 Name Scot & Michelle McMichael 607 Lower Valley Road Property # 75-A-4 Strasburg, VA 22657 Name Property # Name Property # Name Property # Name Property # Name Property # Name Property it 5 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & DeveIopment, County of Frederick, Virginia, - -_ - — - -1071 q th Remit c{i-eet, Winchester, Virginia 22601 - -- I Phone 540-W-5651 Facsimile 540--665-6395 Know All Men By Those Present: That I (We) (Name) .Tnm a T.T.i' bone-_ (Address) 3076-F Shawnee Dr. Winchester VA 22602 the owner(s) of all those tracts or parcelsof 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. 405 on Page' 558 , and is described as Parcel: 41 B Lot: B _Block: 6 Section: 74ASubdivision: do hereby make, 'constitute and appoint: (Name) Ronald Mislowsk (Phone) 540-667 -2 139 gilbert w. clifford & associates . (Address)1 1 7 E. Piccadilly St Winchester VA 22601 To act as my true and lawful attorney-in-fact for and in my (our) name, place, and stead with full poer and authority I (we) would have if acting personally to file planning applications for my (our) above deswcribed Property, including: Rezoning (including proffers) Conditional Use Permits _❑ Master Development Plan (Preliminary and Final) ❑ Subdivision 0 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 J0 "day of 200, Signature(s) I State of Virginia; City/County of._ ii ,� (V1C��2 r �2.d^ , Ta -wit: I, 0 d c,..- a Notary Public in and for the jurisdiction aforesaid, certify khat the person(s) who signed to th foregoing instrument personally appeared before me and has acknowledged the same before in and the jurisdiction aforesaid this day of,,i e-. , 200: C ✓--5 My Commission Expires: j Notary Publi 6'5" X 23'4" `3i IN A S 9'43'08"W U.S. ROUTE 11 311.79' N 0 N h VALLEY PIKE .1110.■ i' '■` United a Sign ll Systems 1111... PH. 888-704-1516 THIS DESIGN IS SUBMITTED AS PART OF OUR PROPOSAL AND IS TO REMAIN OUR PROPERTY EXCLUSIVELY UNTIL ACCEPTED AND APPROVED BY PURCHASE 23'-4" M" Elevation Scale: 3/16"= 1'-0" @ 11 "x1 T Standard 150 square foot Pylon sign: Double sided RENEE III H��,,�,,f UnitedHESTER,- UM SignN., Systemsima tCUT-vIN.PYLC IGNr4EBPPH. 888-704-1516 THIS DESIGN IS SUBMITTED AS PART Of DUR PROPDSAL AND IS TO REMAIN OUR PROPERTY EXCLUSIVELI' UNTIL ACCEPTED AND APPROVED BY PURCHASE DUTBACK 1■�1 1 ■ r 'NlncheM.r.VA -- i1 Sign Sign i ,5-304 , ?�■ Systems . , oOLwwCHESTER.PYLONPHOTO PH. 888-704-1516 DD THIS DESIGN 15 SUND BMITTED AS PART OF OUR PROPOSAL AIS TO REMAIN OUR PROPERTY EXCLUSIVELY UNTIL ACCEPTED AND APPROVED 8Y PURCHASE. • a L: REZONING APPLICATION #09-04 DAVID A. AND LINDA W. HICKS Staff Report for the Planning Commission Public Hearing Prepared: June 21, 2004 Staff Contact: Mark R. Cheran, Planner I This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. As this application proceeds through the legislative review process, the methods) ofresolution for each issue proposed by the applicant(s) and/or recommended by the Planning Commission or Board of Supervisors will be stated in the text of this report Reviewed Action Planning Commission: 07/07/04 Pending Board of Supervisors: 08/11/04 Pending PROPOSAL: To rezone .85 acres from RA (Rural Areas) District to B2 (Business General) District. LOCATION: The property is located in the northwestern quadrant at the intersection of North Frederick Pike (Route 522 N) and Burnt Church Road (Route 678). MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 42-A-81 PROPERTY ZONING & PRESENT USE: RA (Rural Areas) District, Residential and Country Store ADJOINING PROPERTY ZONING & PRESENT USE: NORTH: RA (Rural Areas), Residential SOUTH: RA (Rural Areas), Residential & Commercial EAST: RA (Rural Areas), Vacant WEST: RA (Rural Areas), Residential PROPOSED USE: Office Use REZ #09-04, David A. and Linda W. Hicks Page 2 June 21, 2004 REVIEW EVALUATIONS: Virginia Department of Transportation (VDOT): The documentation within the application to rezone this property appears to have little measurable impact on Route 678, Burnt Church Road, and Route 522, North Frederick Pike. These routes are the VDOT roadways which have been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Old Massey Store Rezoning Application dated February 13, 2004 address transportation concerns associated with this request. The required dimensions of the right turn lane taper and deceleration dimensions on Route 522 South Bound can be taken care of at the site plan review. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off-site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. County Attorney: Monetary proffer to a specific fire company should be made by applicant directly to the company. Otherwise O.K. Fire Marshal: I do not find any specific obstacles to affect fire department response. Emergency vehicle access will be identified during the site plan process. Plan approval recommended. County Engineer/Public Works: Stormwater management will be evaluated in detail at the time of the site plan design submittal. We have no additional comments at this time. Frederick -Winchester Health Department: Health Department has no objection to request. Historic Resources Advisory Board: Upon review of the proposed rezoning, it appears that the proposal does not impact historic resources. The Rural Landmarks Survey and the Comprehensive Policy Plan do not identify any battlefields or significant historic structures either on or adjacent to the subject properties. The subject parcel currently contains the Janney -Davis -Massey House (#34-53 8) and the Albin Cash Grocery (#34-539). It is the intent of the owner to remove these structures from the property and then construct a two-story office building that is approximately 10,000 square feet in size. Although these structures on the subject parcel are not potentially significant on their own, it was determined through the site visit that the AIbin Rural Community Center is potentially eligible as an historic district as a whole collection. The HRAB recognizes that these buildings are contributing structures to the potential Albin historic district. If this property is developed for commercial use, the HRAB suggests the following be considered to mitigate impacts on historic resources: Existing Structures: The existing buildings on the site should be incorporated into the development proposal instead of demolishing them to build a new commercial building. The use of the existing buildings would help preserve the integrity of the community, so that the area would have a better chance of becoming an historic district in the future. (� Building Layout: Given the size of the existing structures and all the other structures in the community, a building that is 10,000 square feet in size will be out of place in this community; a smaller structure REZ #09-04, David A. and Linda W. Hicks Page 3 June 21, 2004 would be more appropriate. Height of Buildings: The applicant has proffered a building height of 30 feet; however, this will be higher than the surrounding structures. The HRAB suggests the applicant consider a building height that is more compatible with surrounding land uses, such as 25 feet instead of 30. Winchester Regional Airport: No continent on this proposed rezoning. Planning & Zoning: Site History: The original Frederick County zoning map (U.S.G.S. Winchester Quadrangle) identifies the subject parcel as being zoned A-2 (Agricultural General). The County's agricultural zoning districts were combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re -mapping of the subject properties and all other A-1 and A-2 zoned land to the RA District Site Suitability: The subject property does not contain any environmental features or constraints that would either hinder or preclude site development. In particular, the site does not include any areas of steep slopes, flood plain, or wetlands/hydrologic soils. The General Soil Map of the Soil Survey of Frederick County, Virginia indicates that the soils comprising the subject parcel fall under the Frederick-Poplimento Loams soil association. This soil type is delineate as prime farmland. Comprehensive Policy Plan: The Albin area is identified as a Rural Community Center. The Rural Community Center polices of Comprehensive Policy Plan recommend the establishment of additional commercial uses in and around the Albin Rural Community Center. Several parcels of land in the Albin Rural Community Center are currently zoned commercial with a variety of uses. These types of uses include a fruit market, agricultural equipment and sales, self-service storage, country store, and landscaping business. The proposed use would complement the types of commercial land uses that have been developed in the Albin Rural Community Center. Furthermore, the applicants are proffering building design to ensure compatibility with the surrounding community. (Comprehensive Policy Plan Pg. 6-45) This proposed rezoning is, therefore, consistent with the Land Use Policy of the Rural Community Centers. Potential Impacts: Transportation: The proposed rezoning has been proffered for a maximum of 8,000 square feet of office use on an 0.85 acre parcel. The Institute of Transportation Engineers (ITE) Trip Generation Manual Oh Edition, provides traffic data for office land uses. General Office Buildings are projected to generate an average of 11.01 vehicle trips per day (VPD) per 1,000 square feet of floor area during weekdays. Therefore, traffic generation for the 0.85 acre site is anticipated to produce 89 VPD. REZ 409-04, David A. and Linda W. Hicks Page 4 June 21, 2004 The 2002 VDOT Daily Volume Jurisdiction Report 34 identifies traffic volume on North Frederick Pike (Rt.522) between Rt. 37 and Cedar Grove Road (Rt. 654) as 18,000 VPD. The same report identifies volume on the entire segment of Burnt Church Road (Rt. 678) as 90 VPD. This proposed rezoning is projected to increase the current traffic counts on this segment ofNorth Frederick Pike by 0.5% on week days. Traffic is not projected to use Burnt Church Road (Rt. 678) other than for immediate access to North Frederick Pike (Rt. 522). Impacts on Burnt Church Road (Rt. 678) are minimal given the limited segment involved. Historic Resources: The Frederick County Landmarks_ Survey_ Report identifies six structures located within the area of this proposed rezoning, with one structure located on this site (Janney -Davis -Massey House). There are no core battlefield sites identified on this parcel. (The Historic Resources Advisory Board (HRAB) considered this rezoning at its April 21, 2004, meeting and offered comments located on page two (2) of this staff report) Water & Sewer: This 0.85 acre parcel is located outside the Sewer and Water Service Area (SWSA); therefore, the development of a private water source and private health system will be provided for this proposed use and will be approved by the Virginia Department of Health. The Virginia Department of Health Sewage Handling & Disposal Regulations identifies a sewage flow range for office use of 15-35 gallons per person. Assuming 20 full-time occupants within the 8,000 square foot building, a projected health system capable of supporting an average daily flow of between 300-700 gpd would be required. This is the maximum daily flow produced by two four-bedroom homes. The applicant has approval for a Puraflo Treatment System that has been engineered to allow the drainfield to be located under the parking area. The existing well located on this parcel will be protected from parking and maneuvering by an adequate barrier. Proffer Statement - Dated February 13, 2004 Site Access: The subj ect site has 170 feet of frontage along North Frederick Pike (Rt. 522) and 400 feet along Burnt Church Road (Rt. 678). The site has a large access area as a result of the widening of North Frederick Pike, which relocated the major arterial road to the east of the former road bed. The applicant has proffered to eliminate this large access area and prohibit access onto North Frederick Pike. Access to this site will occur through the development of a single commercial entrance on Burnt Church Road. Land Use Restrictions: The applicants have proffered to limit the land uses for this 0.85 acre parcel to the following: Land Use SIC General Business Use -- Finance, Insurance & Real Estate Offices -- Legal Services 81 Engineering, Architectural & Surveying Services 871 Accounting, Auditing & Bookkeeping Services 872 Management and Public Relations Services 874 REZ 909-04, David A. and Linda W. Hicks Page 5 June 21, 2004 Structural Development: The applicants have proffered to limit development on this site to a maximum of 8,000 square feet of structural area, and limit the structural height to thirty-five (35) feet from the first floor to the apex of the roof. The structure will utilize similar construction materials on all building walls, including brick and vinyl, and the roof will be standing seam metal or single dimensional construction. The structure will be in substantial conformance with the perspective rendering entitled "Hicks Construction", prepared by Design Concepts and dated June 1, 2004. Business Signs: The applicants have proffered to limit the number of freestanding business signs to one (1) on the 0.85 acre parcel. The free standing business sign is proffered to be of monument style construction and will not exceed twelve (12) feet in height. Staff would note that a maximum sign size has not been proffered. Therefore, a maximum size of face of 100 feet would be permitted. Outdoor Storage: The applicants hereby proffer to prohibit outdoor storage on the 0.85 acre parcel. Monetary Contribution for Fire and Rescue Services: The applicant hereby proffers to provide a cash payment of $200.00 to mitigate impacts to the Fire and Rescue Services. The applicants will provide the cash payment to the Treasurer of Frederick County, Virginia at the time of building permit issuance for the 0.85 acre parcel. This contribution is well below contributions generally offered for similar non- residential uses. STAFF CONCLUSIONS FOR THE 07/07/04 PLANNING COMMISSION MEETING: The subject application is a request to rezone an 0.85 acre parcel from RA (Rural Areas) to B2 (Business General) to accommodate general office land uses. The 0.85 acre parcel is located in the Albin Rural. Community Center, as identified in the 2003 Comprehensive Policy Plan for Frederick County Virginia, and conforms with applicable Rural Community Centers policies. There were no significant issues raised by any of the reviewing agencies regarding this proposed rezoning, except those potential impacts identified above, including: signs, fire and rescue services, and health systems. The applicant should address all potential impacts. Following the required public hearing, it is requested that the Planning Commission forward a recommendation to the Board of Supervisors regarding this application. uavia & Linaa HICKS WIN -`2 - A - 81) Greenway Engineering January 27, 2004 Old Massey Store Rezoning OLD MASSEY STORE REZONING Tax Parcel 42-((A))-81 Gainesboro Magisterial District Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # © 4-C,* for the rezoning of 0.85 acres from the RA, Rural Areas District to establish 0.85 acres of B2, Business General District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this applicant and their legal successors, heirs, or assigns. The subject property, more particularly described as the lands owned by David A. Hicks and Linda W. Hicks being all of Tax Map Parcel 42-((A))-81, and further described by Deed Instrument 030024908 recorded in the Frederick County Clerk of the Court Office on October 29, 2003. The applicant hereby proffers the following: A.) Land Use Restrictions The applicants hereby proffer to limit the land uses for the 0.85 -acre parcel to the following: Land Use SIC General Business Offices ----- Finance, Insurance & Real Estate Offices ----- Legal Services 81 Engineering, Architectural and Surveying Services 871 Accounting, Auditing and Bookkeeping Services 872 Management and Public Relations Services 874 He 43865/EAW Greenway Engineering January 27, 2004 Old Massey Store Rezoning B.) Site Access The applicants hereby proffer to prohibit any connection to North Frederick Pike (Route 522 North) and to limit access on Burnt Church Road (Route 678) to one commercial entrance. C.) Structural Development 1. The applicants hereby proffer to limit the development on the 0.85 -acre parcel to a maximum of 8,000 square feet of structural area. 2. The applicants hereby proffer to limit the structural height to thirty-five (35) feet from the first floor to the apex of the roof. 3. The applicants hereby proffer to utilize similar construction materials on all building walls including brick, vinyl or dryvit, and that the roof will be standing seam metal or dimensional single construction. 4. The applicants hereby proffer to develop the structure in substantial conformance with the perspective rendering entitled "Hick's Construction", prepared by Design Concepts and dated June 1, 2004. D.) Business Signs The applicants hereby proffer to limit the number of freestanding business signs to one sign on the 0.85 -acre parcel. The freestanding business signs is proffered to be of monument style construction and will not exceed twelve (12) feet in height. E.) Outdoor Storage The applicants hereby proffer to prohibit outdoor storage on the 0.85 -acre parcel. F.) Monetary Contribution for Fire and Rescue Services The applicants hereby proffer to provide a cash payment of $200.00 to mitigate impacts to Fire and Rescue Services. The applicants will provide the cash payment to Treasurer of Frederick County, Virginia at the time of building permit issuance for the 0.85 -acre parcel. G.) Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. File 43865/EAW Greenway Engineering January 27, 2004 Respectfully Submitted: By: :P , David A. Hicks ate Old Massey Store Rezoning By: Linda W. Hicks Date Commonwealth of Virginia, Ci Coun f To Wit: The foregoing instrument was acknowledged before me this 14� day of ebnn 200.4 -by Dovd A- HiUL and Li Y-& W- Aic-LS by Ver AT. F. ILk-5 C)7)uk,� eiii c i Notary Public i My Co emission Expires Fe bIU*- (Z�,/ZX8 1 )QS 00}E^slrr 4-15eforeoc C IV AMj �'-i j DGn4` a, L File 43865/EAW ' These Documents- Schematic DroHNs, Jas. Wq 1 Design Concepts, P.C. a prellm 111— s, or Workln lc � onstructlon Draws. �d �pa IF,catlans �a proper s of Deslyn Concepts .....Imelg,cwcepnco�9 not t7 used, reproduced, or sit. 200 9 West Cork street Fred County, Virginia Without the ..press Written PRESENTATION IMPACT STATEMENT OLD MASSEY STORE REZONING Gainesboro District Frederick County, Virginia TM 42-((A))-81 0.85 Acres January 27, 2004 Current Owners: David A. Hicks Linda W. Hicks Contact Person: Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 Greenway Engineering January 27, 2004 Old Massey Store Rezoning OLD MASSEY STORE REZONING INTRODUCTION This report has been prepared for the purpose of assessing the impact on Fredrick County by the proffered rezoning of a parcel owned by David and Linda Hicks totaling 0.85 acres. The subject parcel is located on the northwestern quadrant of the North Frederick Pike (Route 522), Burnt Church Road (Route 678) intersection in the Albin Rural Community Center. The current zoning is RA, Rural Areas District. The Hicks' propose to rezone the 0.85 -acre parcel to B2, Business General. District for the purpose of developing an office building. Please see the attached Hicks Property Location Map. Basic information Location: Magisterial District: Property ID Numbers: Current Zoning: Current Use: Proposed Use: Proposed Zoning: Total rezoning area: COMPREHENSIVE PLAN Intersection of Route 522 and Route 678 Gainesboro 42-((A))-81 RA District Residential and Vacant General Store Building Office B2 District 0.85 acres The proposed site is being developed in conformance with the policies guiding Rural Community Centers. Page 6-45 of the Comprehensive Policy Plan recognizes the Albin Rural Community Center as one of the Rural Community Centers recommended for additional commercial development. Several commercially zoned parcels exist in the Albin Rural Community Center area providing for a variety of commercial land uses including a fruit market, agricultural equipment and product sales, self-service storage facilities, a country general store with a site for future an office building, and a landscaping business. The development of a small-scale office building is consistent with the types of land uses that have developed in the Albin Rural Community Center area. #3865 2 Greenway Engineering January 27, 2004 Old Massey Store Rezoning Sewer and Water Service Area The Sewer and Water Service Area (SWSA) is located to the southeast of the Albin Rural Community Center area and public water and sewer service has not been planned for extension. Therefore, the proposed office land use will need to be served by a private water source and private health system that is approved by the Virginia Department of Health. A. SUITABILITY OF THE SITE Access The subject site, tax parcel 42-((A))-81 has approximately 170 feet of frontage along North Frederick Pike (Route 522) and 400 feet of frontage along Burnt Church Road (Route 678). North Frederick Pike is a four -lane major arterial road containing divided dual north -south travel lanes, while Burnt Church Road is a two-lane local secondary road. A median crossing is in place at the intersection of North Frederick Pike and Burnt Church Road, allowing for safe access to North Frederick Pike from the subject site. The 0.85 -acre site currently has a large access area on North Frederick Pike, resulting from the widening of North Frederick Pike, which relocated the major arterial road to the east of the former road bed. The development of the 0.85 -acre parcel for office use will be proffered to eliminate this large access area and prohibit access onto North Frederick Pike altogether. Access to the subject site will occur through the development of a commercial entrance located along Burnt Church Road that will be located to provide for sufficient distance from the median crossing at the North Frederick Pike/Burnt Church Road intersection. Flood Plains The subject site is located on the FEMA NFIP map #510063-0115-B. The site is located as "Zone C", area outside the 100 -year flood plain. Wetlands The National Wetlands Inventory Map indicates that there are no wetlands on the subject site. Mature Woodlands There are no woodlands on the subject site. #3865 3 Greenway Engineering January 27, 2004 told Massey Store Rezoning Steep Slopes There are no steep slopes (over 50%) on this site. Soil Types The following soil type contained in the subject site has been obtained from the Soil Survey of Fredrick County, published by the USDA Soil Conservation Service. The subject site is located on map sheet number 23, and contains one soil type: 1413-Frederick-Poplimento Loams 2-7 %, covers 100% of this site This soil type is identified as prime agricultural soils according to Table 5 — Prime Farmland, located on page 123 of the Soil Survey of Fredrick County; however, the size of the subject site is not conducive for farming. B. SURROUNDING PROPERTIES Adjoining grope zoning and present use: North: Zoned RA District Use: Residential and Storage South: Zoned RA District Use: Residential East: Zoned RA District Use: Orchard West: Zoned RA District Use: Residential C. TRANSPORTATION The proposed rezoning has been proffered to provide for a maximum of 8,000 square feet of office land use for the 0.85 -acre parcel. The Institute of Transportation Engineers (ITE) Trip Generation Manual, 6th Edition, provides traffic generation data for office land use. Page 1052 of this document identifies General Office Buildings (710) to generate an average of 11.01 vehicle trips per day (VPD) per 1,000 square feet during weekdays. Therefore, the traffic generation range for the 0.85 -acre rezoning is anticipated to produce 89 VPD. The 2002 VDOT Daily Volume Jurisdiction Report 34 identifies North Frederick Pike (Route 522) between Route 37 and Cedar Grove Road (Route 654) with 18,000 VPD. The same report identifies the entire segment of Burnt Church Road (Route 678) with 90 #3865 4 f Greenway Engineering January 27, 2004 Old Massey Store Rezoning VPD. It is projected that all vehicle trips entering and exiting the subject site will travel to North Frederick Pike; therefore, the proposed rezoning is projected to increase the current traffic counts on this segment of North Frederick Pike by 0.5% (or ''V2%) on weekdays. The subject parcel has approximately 170 feet of frontage along North Frederick Pike (Route 522) and 400 feet of frontage along Burnt Church Road (Route 678). A median crossing is in place at the intersection of North Frederick Pike and Burnt Church Road, allowing for safe access to North Frederick Pike from the subject site. The development of the 0.85 -acre parcel for office use will be proffered to eliminate existing access and prohibit any access onto North Frederick Pike. Access to the subject site will occur through the development of a commercial entrance located along Burnt Church Road that will be located to provide for sufficient distance from the median crossing at the North Frederick Pike/Bumt Church Road intersection. D. & E. SEWAGE CONVEYANCE AND WATER SUPPLY The 0.85 -acre parcel is located outside of the Sewer and Water Service Area (SWSA); therefore, the development of a private water source and a private health system will be provided for the proposed office use and approved by the Virginia Department of Health. Table 4.1 on page 43 of the Virginia Department of Health Sewage Handling & Disposal Regulations identifies a sewage flow range for office land use of 15-35 gallons per person. Assuming 20 full-time occupants within the 8,000 -square -foot office building, it is projected that a health system capable of supporting an average daily flow between 300-700 gpd would be required. This maximum daily flow range is equivalent to the average daily flow produced by two four-bedroom homes. Soils analysis has been conducted on the subject site and will accommodate a peat moss system with capacity for the maximum projected daily flows. A reserve area can be situated in the northwest portion of the subject site that will be located outside of the parking and maneuvering area for the office use. An existing well is located on the subject site and will be protected from the parking and maneuvering area through the provision of an adequate barrier. F. SITE DRAINAGE The 0.85 -acre parcel is level and drains naturally towards North Frederick Pike (Route 522). Stormwater management will be designed to allow for sheet flow through the parking lot areas serving the office use to a swale that will allow for stormwater flows to access the North Frederick Pike drainage system at an acceptable rate. Stormwater management design will occur during the site development plan process, which will require approval by the Frederick County Engineer and the Virginia Department of Transportation. #3865 5 Greenway Engineering January 27, 2004 Old Massey Store Rezoning G. SOLID WASTE DISPOSAL The impact on solid waste disposal facilities can be projected from an average annual business consumption of landfill volume of 5.4 cubic yards per 1,000 sq ft. of structural area (This number can be found in the Civil Engineering Reference Manual, 4'h edition). AV = 5.4 Cu. Yd. per 1,000 sq. ft. AV = 5.4 Cu. Yd. x 8.0 (1,000 sq. ft.) AV = 43.2 Cu. Yd. The Municipal Solid Waste portion of the Regional Landfill has adequate capacity to accommodate the annual solid waster projections associated with the development of the 0.85 -acre site. H. HISTORICAL SITES AND STRUCTURES The Frederick County Rural Landmarks Survey identifies six structures within the immediate area of the subject site of which, one structure (Janney -Davis -Massey House) is located on-site. The Frederick County Rural Landmarks Survey does not identify any of these structures as potentially significant as evident on page 248 of the report. Furthermore, these structures do not qualify for the national or state register of historic places, nor does the subject site fall within core battlefield area boundaries or areas that would potentially qualify as historic districts. I. OTHER IMPACTS The Frederick County Capital Facilities Fiscal Impact Model has been applied to the proffered development of 8,000 square feet of office land use. The results of this model run indicate that the development of the subject site will provide a $150,390.00 positive revenue source to Frederick County. The model run indicates an impact to Fire and Rescue Services that is $2,664.00, or approximately 1.5% of the positive revenue amount. Therefore, the applicants have proffered a monetary contribution of $200.00, which exceeds 1.5% of the $2,664.00 impact projected to Fire and Rescue Services for capital facilities costs. No other impacts are anticipated as a result of this rezoning proposal #3865 6 Impact Analysis Statement File #3865/EAW REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Plannang staff Fee Amount. Paid Zoning Amendment Number Date,Receive a PC Hearing Rafe :BOS Heaniig Date' The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Greenway Engineering Telephone: (540) 662-4185 Address: 151 Windy Hill Lane Winchester, VA 22602 2. Property Owner (if different from above) Name: David A. Hicks & Linda W. Hicks Telephone: (540) 662-7516 Address: 260 Redland Road Cross Junction, VA 22625 3. Contact person if other than above Name: Evan Wyatt Telephone: (540) 662-4185 4. Checklist: Check the following items that have been included with this application. Location map X Agency Comments X Plat X Fees X Deed to Property X Impact Analysis Statement X Verification of taxes paid X Proffer Statement X 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: David A. Hicks Linda W. Hicks 6. A) Current Use of the Property: Residential B) Proposed Use of the Property: Office 7. Adjoining Property: PARCEL ID NUMBER USE ZONING 42-((A))-84 Residential RA District 42-((A))-83 Residential RA District 42-((A))-82 Commercial RA District 42-((A))-80 Residential RA District 42-((A))-79 Unimproved RA District 42-((A))-72 Residential RA District 42-((A))-62 Orchard RA District 8. Location: The property is located at (give exact located based on nearest road and distance from nearest intersection, using road names and route number): The 0.85 -acre site is located in the northwestern quadrant at the intersection of North Frederick Pike (Route 522 North) and Burnt Church Road (Route 678) Information to be Submitted for Capital Facilities Imnact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density or intensity scenario for the proposed Zoning District as described on Page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number Magisterial: Fire Service: Rescue Service: 10. 11. Gainesboro Round Hill Round Hill Districts High School: Middle School: Elementary School: James Wood James Wood Apple Pie Ridge Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 0.85 RA District B2 District Total Acreage to be rezoned The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family homes: Townhome: Multi -Family Non -Residential Lots: Mobile Home: Hotel Rooms: Square Footage of Proposed Uses Office: 8,000 sq.ft. Service Station: Retail: Manufacturing: Restaurant: Warehouse: Other 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the bet of my (our) knowledge. Applicant(s): Date: 6� %� d - ,�,L Owner (s): Date: Special Limited Power of Attorney . County of Frederick, Virginia Planning Office, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-603-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) David A. Hicks and Linda W. Hicks (Phone) 540-662-7516 (Address) 260 Redland Road Cross Junction, VA 22625 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. 030024908 on Page , and is described as Parcel: 42 Lot: 81 Block: A Section: Subdivision: do hereby make, constitute and appoint: (Name) Greenway Engineering (Phone) 540-662-4185 (Address) 151 Windy Hill Lane Winchester, VA 22602 To act as my true and lawful attorney-in-fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: Q 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: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness they I (we) have erto s t m (our hand and seal this (3441 day of �' V7Jtwz` 200, Signatures) Ones ? I _4L,_ State of Virguiia, City �f �l C'� ('_V1� To ,Nit: I, f)�)t')ulC? , C • -it i(5a , 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 as acknowledged the same before me in the jurisdiction aforesaid thisl34hday of FebVMaj, 200 My Commission Ex ires: tebPWcc2.r ZO��'8 Notary Public U X;'5 GOVYl� O i �s 1 d � ;rc(_, 0- K& -cis I�4h c , L . Sic l ZONING LEGEND IN 0 '.QO 800 Feet David Hicks Rezoning - Location Ma Prepared Greenway Engineering January 2004 41 r ® B1 (Business, Neighborhood District) B2 (Business, General District) B3 \ (Business, Industrial Transition District) EX EM Manufacturing (Extractive District) ® HE (Higher Education District) 20 42 A 81 as M1 (Industrial, Light District) 0 M2 (Industrial, General District) �C MH1 (Mobile Home Community District) rMS (Medical Support District) R5 (Res. Recreational Community District) r RA (Rural Areas District) RP (Residential Performance District) IN 0 '.QO 800 Feet David Hicks Rezoning - Location Ma Prepared Greenway Engineering January 2004 7563-5567 EBY/cmj LO N ao C> a H o � U C> a z orAQr-') C> co LA Uj -zzr o p cn a. z 0 n 0 z a N ❑ g H - wwW cin � z 0 4 d� U E-4 U 030024908 THIS DEED, made and dated this 281 day of October, 2003 by and between CHADWICK H. MASSKy. CHESTER C. MASSEY, and LINDA M. BEAVER. hereinafter called the Grantor and DAVID A. JUM and LINDA W. HI , hereinafter called the Grantees and CHADWICK H. MASSE,, Executor. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the Grantor does grant and convey, with General Warranty and with English Covenants of Title, unto the Grantees, as tenants by the entirety in fee simple, with survivorship as at common law, together with all rights, rights of way, privileges, improvements thereon and appurtenances thereto belonging, all of the following realty: All of that certain lot or parcel of land containing 37,367 square feet, more or less, together with all improvements and appurtenances thereto belonging, lying and being situate along the Western Side of U. S. Highway No. 522 and the Northern Side of what is known as the Burnt Church Road, about three miles Northwest of Winchester, in Gainesboro District, Frederick County, Virginia, and more particularly described by plat and survey of Michael M. Artz, L.A., dated May 21, 1998 of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 909 at Page 563. AND BEING the same property conveyed to Mary Alice Massey and Asa J. Massey, her husband, as tenants by the entirety with right of survivorship, by deed from Mary Alice Massey and Asa J. Massey, her husband, dated October 17, 1984 of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 594 at Page. 321. The said Mary Alice Massey died March 13, 1999 and her interest in the aforesaid property passed to Asa J. Massey, her husband by the aforementioned survivorship provision. The said Asa J. Massey died July 5, 2403 testate and his Will of record in the aforesaid Clerk's Office as Instrument Number 03-133 left his estate to the Grantors herein. Reference is hereby made to the aforesaid plat, deed of dedication, deed and the references contained therein for a further and more particular description of the property conveyed herein. s'a- A - 8/ i N This conveyance is made subject to all legally enforceable restrictive covenants and easements of record affecting the aforesaid realty. The Grantor does hereby covenant that they have the right to convey to the Grantees; that the Grantees shall have quiet and peaceable possession of the said property, free from all liens and encumbrances; and they will grant such further assurances of title as may be requisite. The party of the third part joins in the execution of this Deed to relinquish any interest the Estate has in this property. Wn NESS the following signatuAaindals- a (SEAL) CH. SEY CHESTER C. MASSEY MASSEY, Executor STATE OF VIRGINIA COUNTY OF FREDERICK, To wit: (SEAL) 94 1, Cathy M. Jewell, a Notary Public in and for the State and jurisdiction aforesaid, does hereby certify that Chadwick H. Massey, Individually and as Executor, whose name is signed to the foregoing Deed, dated this 28`h day of October, 2003 has personally appeared before me and CD acknowledged the same in my State and jurisdiction aforesaid. �.. W Given under my hand this 28'h day of October, 2003. My commission expires 12131104. STATE OF VIRGINIA COUNTY OF FREDERICK, To -wit: Notary Public I, Cathy M. Jewell, a Notary Public in and for the State and jurisdiction aforesaid, does hereby certify that Chester C. Massey, whose name is signed to the foregoing Deed, dated this 28" day of October, 2003 has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this 2V day of October, 2003. My commission expires 12/31/04. STATE OF VIRGINIA COUNTY OF FREDERICK, To -wit: 1.4,'7 Ca:��Z Notary Public 1k f •4V+�qm� a+•' I, Cathy M. Jewell, a Notary Public in and for the State and jurisdiction aforesaid, does hereby certify that Linda M. Beaver, whose name is signed to the foregoing Deed, dated this CD 28th day of October, 2003 has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Oivzu under ffiy nand tris 2S day of October, 2003. My commission expires 12/31/04. T'6U ioar9mcm w" PreyarCy lop. Ed ik & Yaat Joh... MCK— & Baler. P.LC, 112 south Caoo o. srtwr VVriac6esitt. Yr&k 22602 (540) 662 3455 a64141 Notary Publi VIRUINIA: FREDERICK COUNTY, SCT. This insttumont of writing was produceto me orf 3 and with certificate of a4mowledgernent thereto annexed was admitfed to record. T imposed by Sec. 58.1-802 of 58.1-801 have been paid, if assessable Clerk C� • • MASTER DEVELOPMENT PLAN (MDP) #08-04 THE TOWNES AT MOSBY STATION Staff Report for the Planning Commission Prepared: June 21, 2004 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: 07/07/04 Pending Board of Supervisors: 08/11/04 Pending LOCATION: This property is located on the north side of Tasker Road (Route 642), 1,300 feet east of the intersection of Tasker Road and Aylor Road. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBERS: 75M -2 -B -8A PROPERTY ZONING & PRESENT USE: Zoned: RP (Residential Performance) ZONING & PRESENT USE OF ADJOINING PROPERTIES: North Zoned: RP (Residential Performance) South Zoned: RP (Residential Performance) East Zoned: RP (Residential Performance) West Zoned: RP (Residential Performance) PROPOSED USE: 18 townhouses Use: Vacant Use: Residential Use: Residential/Assisted Living Use: Residential Use: Assisted Living (same) MDP #08-04, The Townes at Mosby Station Page 2 June 21, 2004 REVIEW EVALUATIONS: Virginia Department of Transportation: The Preliminary Master Plan for this property appears to have a measurable impact on Route 642, the VDOT facility which would provide access to the property. Due to the existing volumes plus those generated by this proposed site, a right turn lane consisting of 150' taper and a 100' deceleration lane will be required. 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, Seventh Edition for review. VDOT reserves the right to comment on all right-of- way ight-ofway 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. Frederick County Fire Marshal: Should these buildings be equipped with fire sprinkler systems, the location of the Fire Department Connections should be located with regard to the fire hydrant locations. Plan approval recommended. Frederick Counly Public Works: Upon review of the subject master plan, we offer the following comments: 1) There is an existing drainage channel located along the north portion of the property. Downstream, this drainage channel goes under Macedonia Church Road. Because there are existing drainage issues associated with this channel downstream, stormwater management shall be required for this site. Provide a location on the master development plan and a note that these drainage issues shall be addressed. 2) A comprehensive review of the subdivision plan shall be performed upon its submittal. Frederick County Inspections Department: No comment required at this time. Shall comment at time of site plan review. Frederick County Sanitation Authority: Original Comments (dated 2/11/04): Pt Review - Correct & Resubmit - 1 Item. Revised Comments (dated 3/11/04): 2nd review. Approved as noted - 1 item Department of GIS: Cross Keys Place has been approved and is reserved in the Road Naming System. Addressing will be assigned during the building permit phase. Frederick County Department of Parks & Recreation: Original Comments (dated 2/11/04): Plan appears to offer adequate open space; however, I am not sure I can identify an area suitable for the required recreational unit. Revised Comments (dated 5117104): Revised Master Plan which details playground area appears to meet County requirements. MDP 908-04, The Townes at Mosby Station Page 3 June 21, 2004 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 the area. Thank you for your cooperation and consideration in the continuing safe operations of the Winchester Airport. Town of Stephens City: Traffic impacts are an area -wide issue, but the proposed development is 2+ miles from the Town. Frederick County Public Schools: No comments at this time. 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 planned 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 This property is located on the north side of Tasker Road (Route 642), 1,300 feet east of the intersection of Tasker Road and Aylor Road. The Autumn Glen Subdivision and America House Assisted Living Facility are located across Tasker Road (Route 642) from the subject parcel. The subject parcel consists of 2.5303 acres. C) Site History The original Frederick County zoning map (U.S.G.S. Stephens City Quadrangle) identifies the subject parcels as being zoned R-2 (Residential Limited). The zoning changed to RP (Residential General) District on September 28, 1983 when the R1, R2, R3, and R6 zoning districts were reclassified. Rezoning Application 402-98, for the Tasker Road and Warrior Road Commercial Properties, originally included the subject 2 %2 acre parcel; but this parcel was withdrawn from the rezoning application as a condition of its approval on April 8, 1998. Therefore, the parcel is zoned RP District. D) Intended Use 18 townhouses MDP 908-04, The Townes at Mosby Station Page 4 June 21, 2004 E) Site Suitability & Project Scope Land Use Compatibility: The 2 '/Z acre site is located adjacent to existing residential land uses in an area of Frederick County which is predominately residential in nature. To the north is Section B of Mosby Station, which consists of single family detached traditional dwellings. To the east is a single family detached rural traditional dwelling. To the west is VDOT right-of-way and the America House Assisted Living Facility. Then to the south is Autumn Glen Subdivision, a development consisting of single family small lot, duplex and multiplex dwellings. Comprehensive Policy Plan: The site of The Townes at Mosby Station is not within the study limits of any small area land use plan found in the 2003 Comprehensive Policy Plan. However, the site is zoned RP (Residential Performance) District, and is within the UDA (Urban Development Area) and SWSA (Sewer and Water Service Area). The Comprehensive Policy Plan states that suburban residential development should occur within the UDA. Historic Resources: The Frederick Counter ural Landmarks Survey does not identify any potentially significant historic resources on the site of the proposed master development plan. Furthermore, according to the National Park Service's Study of Civil War Sites in the Shenandoah Valley of Virginia, the subject site is not included in any battlefield study area and does not contain any core battlefield resources. Environment: The subject site does not contain any known areas of environmental features. Environmental features include areas of floodplain, lakes or ponds, wetlands, natural waterways, riparian buffers, sinkholes, natural stormwater retention areas, and steep slopes. The General Soil Map of the Soil Survey of Frederick Coup , Virginia indicates that the soil type comprising the subject parcel is Chearbrook channery silt loam, 2 to 7 percent slopes. These types of soils are mainly found along heads of drainageways and in broad upland depressions. The seasonal high water table and depth to bedrock are the main limitations to use of this soil for community development. The management of such characteristics is demonstrated through the site development process. Transportation: Access to the site is proposed via an entrance off of Tasker Road (Route 642). Tasker Road (Route 642) is a major collector road and is planned for future improvement, as shown on the Frederick County Eastern Road Plan [2003 Comprehensive Policy Plan, page 7-15]. As required for all major collector roads, a minimum entrance separation of 150' is required for all new entrances [Section 165-29.A (6)]. Per VDOT requirements, anew right turn lane consisting MDP #08-04, The Townes at Mosby Station Page 5 June 21, 2004 of a 150' taper and a 100' deceleration lane shall be provided for the proposed entrance. The proposed entrance does not meet the requirements of Section 165-29.A(12), which requires that the entrance align at the location of the existing curb cut across from Spanish Oak Road. Spanish Oak Road is the entrance for the America House facility and Autumn Glen Subdivision. Section 165-29.A (12) states the following: "New driveways shall align with existing or planned driveways, crossovers, turn lanes or other access features. This shall only be required if the resulting alignment provides safe access and if all requirements of the Frederick County Code and Virginia Department of Transportation are met. " Waiver After the applicant was advised that the proposed entrance does not meet ordinance requirements, the applicant submitted a waiver request to the Frederick County Planning Commission per Section 165-29.B (1) (See Attached Letter Dated June 14, 2004). This section of the zoning ordinance grants the Planning Commission the ability to allow alternative methods of motor vehicle access. Planning Sta(LNote: The proposed entrances meets the entrance spacing requirements of the zoning ordinance and the requirements of VDOT However, staff believes that it would be more appropriate to align the entrance across from Spanish Oak Road, as required by the Frederick County Zoning Ordinance. Landscaping, Buffers & Trails: The proposed preliminary master development plan shall provide an 80' road efficiency buffer along Tasker Road (Route 642), a 100' common shared residential shared buffer adjacent to the north property line, and a 100' common shared residential buffer adjacent to the east property line. These buffers are in addition to the landscaping requirements of the Frederick County Zoning Ordinance, both 165-36 and 165-27.E (11). The proposed development shall provide a 6' bike path along Tasker Road (Route 642) as planned by the Frederick County Bicycle Plan, found in the 2003 Comprehensive Policy Plan, page 7-16. PlanningStaf Note: The Department of Parks & Recreation recommends that all bike trails be made 10' in width to meet the Federal Highway Administration and American Association of State Highway and Transportation Officials guidelines. It may be appropriate for the applicant to provide a 10' wide bike trail, rather than the proposed 6' wide trail, and clarify that the surface material shall be asphalt. Planning Sta ffNote: The applicant should clarify on the MDP what type of landscaping/screen shall be provided for the proposed 100' common shared buffer between the proposed development and the single family detached rural traditional dwelling to the east. Staff would note that this proposed common share buffer is contingent on the approval of the adjoining MDP #08-04, The Townes at Mosby Station Page 6 June 21, 2004 property owners to the east. Planning StaffNote: The reference to a reduced road efficiency buffer must be removed from the typical detail for the common shared residential separation buffer proposed adjacent to the north property line. This reference is incorrect. In addition, the applicant should clarify that all proposed privacy fences shall be an opaque and board -on -board. STAFF CONCLUSIONS FOR 07/07/04 PLANNING COMMISSION MEETING: This preliminary master development plan proposes up to 18 townhouses on approximately 2 '/2 acres of land zoned RP (Residential Performance) District. The applicant has requested a waiver from the Planning Commission to allow the entrance to the development further to the north of Tasker Road (Route 642), rather than aligning with Spanish Oak Road, as required by the Zoning Ordinance. Prior to administrative approval it may be appropriate for the applicant to increase the width of the proposed bike trail to 10'. In addition, minor changes to clarify the details of the proposed screening and landscaping shall be required prior to administrative approval. All of the issues identified by staff, as well as those issues brought forth by the Planning Commission, should be appropriately addressed prior to a recommendation to the Board of Supervisors. A summary of concerns and comments from the Planning Commission to the Board of Supervisors concerning this master development plan application would be appropriate. Consideration of the applicant's waiver request is also warranted. Frederick APPLICATION MASTER DEVELOPMENT PLAN Plan 1. Project Title: THE TowPeS Ftr jos y 2. Owner's Name: A M --t--7 c> S tAn P" A J 5-112e2� 5 45 M t nt.E-rr��,+,a� (Please list the names of all owners or parties in intrest) 3. Applicant: Address: Phone Number: (,Ulla sr��e YF '"o -ION -A c S40- 4. Design Company: Address: WE S -r` PIC CFt �t LL Y cT. � tit. t'�'E � Phone Number: ' 54 :� -' -7 3 7 Contact Name: tat 5- PA V Page 11 Frederick County, Virginia Master Development Plan Application Package APPLICATION cont'd MASTER DEVELOPMENT PLAN 91 �4 3- 5. Location of Property: J�2-rr! SIDE � 7. �•a si3 ��(,Grc,. �QR�1 6. Total Acreage: Zs -3c)3 Hcrzes 7. Property Information: a) Property Identification Number (PIN): R P �' A b) Current Zoning: 1 c) Present Use: e3 8r�r d) Proposed Uses: J 7 nu�✓yous�s e) Adjoining Property Information: F}T-PtCH ED Property Identification Numbers Property Uses North South East West f) Magisterial District: 8. Is this an original or amended Master Development Plan? Original V Amended I have read the material included in this package and understand what is required by the Frederick County Department of Planning and Development. I also understand that the master development plan shall include all contiguous land under single or common ownership. All required material will be complete prior to the submission of my master development plan application. Signature: v ` Date: z `� Page 12 Frederick County, Virginia Master Development Plan Application Package Adjoining Property Owners MASTER DEVELOPMENT PLAN Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. the Commissioner of the Revenue is located on the 1st floor of the Frederick County Administration Building, 107 North Kent Street. NAME Name MAP -OW 9. + PA-FRI'C-TA U, AL S4I-V A T0(C- W, t Sfa/INIVC�J M. 132AJ)L[-`/ P!Ecz�S t 5TEPH4N,',F b, F --""4U5 5CpT-r -► GHxR`/E V, f'EI151_Ey Wit' tTAM J. CLEMTN7"S ADDRESS / PROPERTY NUMBER property # 1200 t Acla1e JIA LHUIZ" 2h STi=P i 121 `Z MA C, L-, C—I (uRCtl IZ � ��PHrW -sSm-z-6-2 1220 MACF.[)MI 4 C.{-f(AW IZD 5rI-Pl4f►J C -'TY L - 2- E-3 122 IMPCEpO"A GHuRc.+► RR 7F'Pi�rr� 75M- 2 - 6 -y 1232 MALT WP -TA C MUIL H (i.lSIMPA k 75 -M -2.-(>-S 123$ f4ft DoN1'A cHuRC H M5 5-T PNFA/ -75-- M - 2 •6- 6 Page 18 i''y 2241, Frederick County, Virginia Master Development Plan Application Package Name 20 L -Y W + M LX' D, zu -F 2 Address 1244 MACFDWi4 LHut(,H Rb. ray# 75M - 2 - a - 7 jAzBo, IN(, PO, box `f 6c) 75M - 2.- 11 -`b SAM U L1= , + M r2y R , f L q,�sr-s 1252 Mnee , Njq Chiu+ Lij At>, sT�P�t�u �► Y - A LAV -TTS w WI N� + J U D.TTH W. P, W H-1—iMut I o 5 t3, W -7-©N &AH AVE; -)5L- - 1 -1 -1 Z MI(--1A,FL A + Mnlzd ELLEN w FHQ jo3 Bu7-rC*J Su5H AV. , -)51-- 2 --2 - 13 T :LM oTHY M+ ENNTFf►2.- 0, Ht)E-O )T I I I MOL4N-rXAN /?s?4 C -T, 7SL 1 P i - M 2oaf� i 0 11 + (ZA 2aL- �. R N�� 2 Ion ,� ouNr:'r�w /�,5fa, t -i, 751-- 1- 1- -319 (y\ fG,VIN b, 4 `Tt!-#f% (v) 109 mDwt Atv �q5A C.T. %S 3$ + A, rcI!( A, ��t,%AN�� 1 4 q LAMB DJFN ME- SSL-� -j- --4) LETTT:J1 Q, T`/6(ZF`TT 103 Mc)ukrr AN nIST, 0', 51--1 - fL -go Pale 19 .a AMA William H. Gordon Associates, Inc. June 14, 2004 Frederick County Planning Commission 107 North Kent Street Winchester, VA 22601 Re: The Townes At Mosby Station Waiver of Section 165-29-A-12 Dear Commissioners, 24 W. Piccadilly Street, Suite A Winchester, Virginia 22601 540-542-1737 (fax) 540-542-1923 On behalf of our client, AMB Builders, LLC, we hereby request a waiver of Section 165- 29-A-12 of the Zoning Ordinance. This Section pertains to motor vehicle access. The specific subsection (A-12) states that "New driveways shall align with existuig or planned driveways, crossovers, turn lanes or other access features". Section 165-29-B-1 states that " The Planning Commission may allow other means of motor velucle access which do not meet the above requirements". We are requesting this waiver to allow us to relocate the existing entrance off of Tasker Road approximately 310 feet west of it's current location. Please refer to the master plan for this project for details of the relocation. The odd shape and small size of the parcel require the relocation of the entrance in order to achieve a balance between aesthetics, safety, and good site design and lot yield. This new location has been reviewed and approved by VDOT as indicated by their approval of the master plan. 1n addition, the entrance being proposed is not for a driveway but is the entrance to a new subdivision that is served by a private street. Based on the above, we hereby respectfully request that this waiver be granted so that the project can continue to move forward. Please feel free to call should you have any questions or require any additional information. Sin el , W 1' ordon Associates, Inc. Claus Bader, P.E. Director of Engineering Cc: Brian Martin Engineers • Surveyors • Land Planners • Landscape Architects COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 MEMORANDUM TO: Frederick County Planning Commission FROM: Mark R. Cheran, Planner I RF: Discussion: Section 165-48 of the Frederick County Zoning Ordinance regarding adding hours of operations for car washes in the B-2 (Business, General District) DATE: June 10, 2004 The Development Review and Regulations Subcommittee (DRRS) at its May 27, 2004, meeting recommended adding hours of operations for car washes located in the B-2 (Business, General District) Zoning District, under Section 165-48 of the Frederick County Zoning Ordinance. These hours of operations would only apply to B-2 property that is adjacent to RP (Residential Performance), R-4 (Residential Planned Community District), R-5 (Residential Recreational Community District) or MH -1 (Mobile Home Community) zoned land. The DRRS felt that adding hours of operations would be consistent with current Zoning Ordinance requirements for car washes located in the B- I (Business, Neighborhood District) Zoning District and would negate any nuisance factors. (See bold print below.) This proposed ordinance amendment is presented as a discussion item to enable the Planning Commission to raise issues and seek clarification. Comments raised during this discussion will be forwarded to the Board of Supervisors for their consideration. Staff will be available to respond to your questions. Section 165-48. Car Washes A. Car washes located in the B-1 (Business, Neighborhood District) and B-2 (Business, General District) Zoning District, adjacent to RP, R-4, R-5, and MH -1 zoned properties shall have an operator on site during all hours of operation. B. Carwashes located in the B-1 (Business, Neighborhood District) and B-2 (Business, General District) Zoning District, adjacent to RP, R-4, R-5, and MH -1 zoned properties shall be operated only during the following hours: 107 North Kent Street • Winchester, Virginia 22601-5000 Days: Monday through Friday Saturday Sunday ul' Hours: 7:00 a.m. to 9:00 p.m. 8:00 a.m. to 9:00 p.m. 12:00 p.m. to 6:00 p.m. § 165-47 FREDERICK COUNTY CODE § 165-48 opaque fences, opaque landscaping or opaque natural vegetation. [Amended 6-9-19931 D. Trash storage. When stored outdoors, outside of a legal landfill or trash heap, all trash, rubbish or garbage shall be stored in watertight, verminproof containers. (1) All multifamily residential developments, commercial developments and industrial developments where more than one (1) residence or use shares a parking lot shall be provided with outdoor trash containers or other means of trash disposal. Means shall be provided to ensure that all trash generated by the development is properly disposed of to avoid litter, odor or other nuisances. (2) Such trash containers shall not be located in the front yard areas of such uses. Such containers shall be located to avoid traffic conflicts with parked vehicles and general traffic. Such containers shall be properly screened or separated from dwellings to avoid odors and other impacts. E. [Added 12-9-19921 No junkyards shall be hereafter established any portion of which is within one thousand (1,000) feet of the nearest edge of the right-of-way of any interstate or United States highway or within five hundred (500) feet of the nearest edge of the right-of-way of any Commonwealth of Virginia highway, except as follows: (1) Junkyards which are screened by natural objects, plantings, fences or other appropriate means so as not to be visible from the main traveled way of the highway or street or otherwise removed from sight. (2) Junkyards which are not visible from the main traveled way of the highway. § 165-48. Car washes. [Added 4-10-1991 ] A. Car washes located in the B1 Neighborhood Business Zoning District shall have an operator on site during all hours of operation. B. In the B1 Neighborhood Business Zoning District, car washes shall be operated only during the following hours: 16570 10-25-93 § 165-48 ZONING § 165-48.2 Days Hours Monday through Friday 7:00 a.m. to 9:00 p.m. Saturday 8:00 a.m. to 9:00 p.m. Sunday 12:00 noon to 6:00 p.m. § -165-48.1. Restaurants. [Added 12-9-19921 Restaurants located in the B1 Neighborhood Business Zoning District shall meet the following requirements: A. Restaurants are not permitted to have drive-through window service.. B. Restaurants are only permitted to be located within a shopping center containing at least three other business units. C. Restaurants are not permitted to exceed 35% of the total floor area within a shopping center. § 165-48.2. Truck or fleet maintenance facilities and truck rental and leasing facilities, without drivers. [Added 6-9-1993; amended 2-7-1995] Where allowed, truck or fleet maintenance facilities and truck rental and leasing facilities without drivers, shall meet the following requirements: A. In the M-1 Light Industrial District, truck or fleet maintenance facilities shall only be permitted in industrial parks. B. Truck or fleet maintenance facilities may have fuel service, provided that it is limited to one gasoline storage tank of 10,000 gallons or less and one diesel storage tank of 10,000 gallons or less. C. All repair and maintenance operations shall occur within a completely enclosed structure. D. Outdoor storage of parts associated with repair and maintenance shall not be permitted. E. Retail sale of fuel shall not be permitted. F. The Planning Commission may require additional buffers and screening other than those defined in § 165-37 of this chapter. 16571 1-1-98