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PC 09-01-04 Meeting AgendaAGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia September 1, 2004 7:00 P.M. CALL TO ORDER TAB 1) August 4, 2004 Minutes ................................................ (A) 2) Committee Reports ................................................ (no tab) 3) Citizen Comments ................................................. (no tab) PUBLIC HEARING 4) Conditional Use Permit #17-04 of Edwin and Zucely Elvira, submitted by Artz & Associates, for a landscaping business. The property is located at 225 Caldwell Lane (Route 717), directly behind AC Self Storage, south of Papermill Road (Route 644), and is identified with Property Identification Number 63-44C in the Shawnee Magisterial District. Mr. Beniamino ........................................................ (B) 5) Conditional Use Permit #18-04 of Walter and Taeko Floyd, for an addition to an existing Bed and Breakfast. The property is located at 6238 Wardensville Grade (Route 608), and is identified with Property Identification Number 69 -A -44A in the Back Creek Magisterial District. Mr. Cheran ...........................................................(C) PUBLIC MEETING 6) Master Development Plan #08-04 of The Townes at Mosby Station, submitted by William H. Gordon Associates, Inc., for 17 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. Lawrence.........................................................(D) 7) Other MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on August 4, 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; George J. Kriz, Gainesboro District; Marie F. Straub, Red Bud District; William C. Rosenberry, Shawnee District; Robert A. Morris, Shawnee District; Charles E. Triplett, Gainesboro District; Richard C. Ours, Opequon District; John H. Light, Stonewall District; Cordell Watt, Back Creek District; 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. STAFF PRESENT: Eric R. Lawrence, Planning Director; Christopher M. Mohn, Deputy Planning Director; 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. MEETING MINUTES - JULY 7.2004 Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the minutes of July 7, 2004 were unanimously approved as presented. COMMITTEE REPORTS Development Review & Regulations Subcommittee (DRRS) - 07/29/04 Mtg. Commissioner Thomas reported the DRRS talked about a number of items that will need further study. Frederick County Planning Commission Draft Minutes of August 4, 2004 Page 1355 -2 - Comprehensive Plans & Programs Subcommittee (CPPS) Commissioner Light reported that the CPPS will be having a meeting on August 9, 2004 to present the first rough draft of the Rural Areas Study Comprehensive Plan Amendments. Transportation Committee - 08/03/04 Mtg. Commissioner Kriz reported thattwo items were on the Transportation Committee's agenda. One item was the alternative routes for no through truck traffic on Brucetown Road. Commissioner Kriz said there is really no viable alternative and, therefore, no recommendation will becoming forward. The second item was the review of the hard -surface improvement project rating system policy, initiated by the inclusion of the Rural Rustic Roads in Frederick County. PUBLIC HEARING Conditional Use Permit #16-04 of Soon H. Kang to reestablish a legal non -conforming use. The property, zoned RP (Residential Performance), is located at 623 Front Royal Pike (Rt. 5225) and is identified with P.I.N. 64B -A-87 in the Shawnee Magisterial District. Action - Recommended Approval with Conditions Planner Mark R. Cheran stated that this proposed use is to reestablish a non -conforming use for a convenience store. Planner Cheran said that a convenience store , trading as Mooreland's Stop and Save, and Boyce's Western Shop were two of the stores that operated on this property in prior years. He reported no negative comments from any of the reviewing agencies. Planner Cheran next read a list of recommended conditions, should the Planning Commission find the use to be appropriate. Ms. Soon H. Kang, the applicant and property owner, was present to answer questions from the Commission. Ms. Kang referred to one of the staff's recommended conditions that prohibited the use of an illuminated sign; she believed it was crucial for a convenience store to have an illuminated sign, especially since her hours would extend to 8:00 p.m. in the evening. All of the remaining conditions were satisfactory to the applicant. Commissioners had questions for the applicant on the kinds of items that would be sold in the convenience store and the proposed hours of operation. They also questioned the staff about any possible adverse impacts if the applicant were to have an illuminated sign. Frederick County Planning Commission Draft Minutes of August 4, 2004 Page 1356 -3 - Ms. Kang replied she would be selling items similar to a 7/11 -type convenience store with a deli and she also intended to apply for an ABC license. Her proposed hours of operation were 8:00 a.m. until 8:00 p.m. daily, except Sundays. Planner Cheran commented that the applicant was simply reestablishing a previous business use that was conducted on this property. He could not foresee any adverse affect to having an illuminated sign, although he did not recall the previous businesses having one. Chairman DeHaven called for public comments and the following persons came forward to speak in favor of the proposed use. Mrs. Pamela Mooreland Goode came forward and stated that her family previously owned and operated Mooreland's Stop and Shop Grocery for 19 years with an ABC license and gas pumps. Mrs. Goode proceeded to relay the history of this property to the Commission, noting that it was a grocery store in 1968; the store was operated by four consecutive families; and the building was originally built in the 1940s as a bar, trading as "The Plaza." Mrs. Mooreland said that her property abuts the Kang's property on the north and west sides and her home sits behind the store. Mrs. Mooreland said that the previous owners had let the building and grounds deteriorate, but since the Kang's purchased it, they have worked hard to improve its appearance. She said that the Kangs have painted, torn down dilapidated buildings, and have replaced windows, etc., all of which she and the neighborhood have appreciated. Mrs. Mooreland said that numerous folks have approached her to say they miss the store and she thought it would be nice to have the store restored. Mrs. Beverly Mooreland came forward and stated that she and her husband operated the grocery store for many years. Mrs. Mooreland said she would like to see the building reestablished as a grocery store. Commission members believed that reestablishing the grocerystore use on this property was appropriate. Commissioner Fisher moved to recommend approval ofthis conditional use permit including the conditions as recommended by the staff, but with the exception that Condition Number 4 be amended to eliminate the statement prohibiting an illuminated sign. This motion was seconded by Commissioner Triplett and was approved unanimously. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit # 16-04 of Soon H. Kang to reestablish a legal non -conforming use at 623 Front Royal Pike (Rt. 5225) with the following conditions: I. All Frederick County Zoning Ordinance requirements and review agency comments shall be addressed and complied with at all times. 2. Prior to operation of this business, a minor site plan approved by Frederick County will be required. VDOT and Fire Marshall requirements will be addressed on this site plan. Frederick County Planning Commission Draft Minutes of August 4, 2004 Page 1357 -4- 3. No new signs shall be allowed. 4. Replacement of existing, freestanding business sign on the property will be allowed. Sign shall not exceed 25 feet in size and 18 feet in height. 5. No retail sale of gasoline will be allowed. 6. Any expansion or modification of this use shall require approval of a new Conditional Use Permit. An ordinance to amend the Frederick County Code, Chapter 165, Zoning Ordinance, Article X, Business and Industrial Zoning Districts, Section 165-82, District Use Regulations, (B) B2 Business General District, by excluding the listed permitted SIC uses. Action - Recommended Approval Planner Mark R. Cheran stated that the Development Review and Regulations Subcommittee (DRRS) recommended the exclusion of Standard Industrial Classification (SIC) uses from the B2 (Business General) Zoning District at their meeting on April 29, 2004. Planner Cheran reported that the DRRS believed these SIC uses may not be appropriate, nor meet the intent of the B2 Zoning District and they recommended the uses simply be added to the appropriate zoning districts. He said that during the Planning Commission's discussion of this issue on June 2, 2004, members believed the amendment would assist in clarification of the code and they endorsed the recommendation by the DRRS. Planner Cheran said that the Board of Supervisors discussed the ordinance amendment at their July 14, 2004 meeting and instructed the staff to proceed with scheduling of a public hearing. Chairman DeHaven called for public comments, however, no one stepped forward to speak. No issues of concern were raised by the Planning Commission. Upon motion made by Commissioner Ours and seconded by Commissioner Kriz, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of an ordinance to amend the Frederick County Code, Chapter 165, Zoning Ordinance, Article X, Business and Industrial Zoning Districts, Section 165-82 District Use Regulations, (B) B2 Business General District, by excluding the listed permitted SIC uses. Frederick County Planning Commission Draft Minutes of August 4, 2004 Page 1358 -5 - An ordinance to amend the Frederick County Code, Chapter 144, Subdivision of Land, Section 17, Streets, Article L, Curbs and Gutters, to clarify language regarding residential curb and gutter requirements; specifically, that residential developments with lot sizes less than 15,000 square feet would require curb and gutter. Action - Recommended Approval Planner Mark R. Cheran reported that the Development Review and Regulations Subcommittee (DRRS) recommended a change to Section 144-17L of the Subdivision Ordinance at its meeting on April 29, 2004. Planner Cheran said that the suggested text amendment would clarify that residential developments with lot sizes less than 15,000 square feet would require curb and gutter. He explained that this amendment was not a new requirement, but merely clarified the existing language. Planner Cheran said that the Planning Commission endorsed the DRRS's recommendation during their discussion of this issue on June 2, 2004 and on July 14, 2004, the Board of Supervisors instructed the staff to proceed with scheduling a public hearing. Regarding the last sentence in Section L, "...The Planning Commission may allow for alternatives to curbs and gutters..." Commissioner Morris inquired if this might include low intensity development proposals that would be absent curbs and gutters. Planner Cheran replied this was correct. Chairman DeHaven called for public comments, however, no one came forward to speak. No other questions or issues were raised. Commission members endorsed this clarification to the wording of the ordinance. Upon motion made by Commissioner Thomas and seconded by Commissioner Kriz, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of an ordinance to amend the Frederick County Code, Chapter 144, Subdivision of Land, Section 17, Streets, Article L, Curbs and Gutters, to clarify language regarding residential curb and gutter requirements; specifically, that residential developments with lot sizes less than 15,000 square feet would require curb and gutter. OTHER Commissioner Straub mentioned to the Commission that she receives the periodical, "Tri- State Business Journal," and she reported to the Commission about an article where silos are being used as cell towers. Commissioner Straub believed this would be a preferable visual alternative to monopole and lattice towers out in the rural areas of the County. She requested that the Planning Department review these alternative cell towers for possible use in the rural areas. Frederick County Planning Commission Draft Minutes of August 4, 2004 Page 1359 9.2 ADJOURNMENT No further business remained to be discussed and the Planning Commission adjourned by a unanimous vote at 7:20 p.m. Respectfully submitted, Charles S. DeHaven, Jr., Chairman Eric R. Lawrence, Secretary Frederick County Planning Commission Draft Minutes of August 4, 2004 Page 1360 COG CONDITIONAL USE PERMIT #17-04 Edwin & Zucely Elvira w Staff Report for the Planning Commission Public Hearing Prepared: August 16, 2004 `Rufry� 17 B Staff Contact: David M. Beniamino; 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. Planning Commission: Board of Supervisors: Reviewed Action 09/01/04 Pending 09/22/04 Pending LOCATION: This subject property is located directly behind AC Self -Storage (225 Caldwell Lane), south of Papermill Road (Route 644) MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 63-44C PROPERTY ZONING & PRESENT USE: ADJOINING PROPERTY ZONING & USE: PROPOSED USE: Landscaping Business REVIEW EVALUATIONS: Zoned: (RA)Rural Area District Land Use: Vacant Zoned: (RA) Rural Areas & Ml Light Industrial District Land Use: Residential & Storage Virginia Dept. of Transportation: The application for a conditional use permit for this property appears to have little measurable impact on Route 717, the VDOT facility which would provide access to the property. Present entrance is adequate for proposed improvements. However, should use ever expand in the future, the entrance may have to be upgraded. C.U.P. #17-04 August 16th, 2004 Page 2 Fire Marshall: A visit to this site, already in use, provided no significant concerns affecting current fire and rescue response. Inspections Department: No comment required provided no structures are utilized as indicated. Health Department: The Health Department has no objection to proposed conditional use of the property as stated in this application Winchester Regional Airport: Since the Conditional Use Permit does not appear to have any impact on the operations of the Winchester Regional Airport, there are no objections or special conditions to request for this site plan. Planning and Zoning: This proposed Conditional Use Permit is for a landscape contracting business. This proposed use will take place on a 5 acre tract of land located in the RA (Rural Areas) Zoning District. The Frederick County Zoning Ordinance allows for landscaping contracting in the RA Zoning District with an approved Conditional Use Permit (CUP). Staff would note that there are no structures on site and no new structures will be constructed as a part of this Conditional Use Permit. Due to the layout of the parcel, Staff would recommend an opaque fence of six (6) feet in height to screen the eastern edge of the property from residential uses. The proposed use shall employ no more than ten (10) employees at any one time and the site will not contain more than nine (9) vehicles stored on the premises. No sales of nursery stock will take place on site. This landscaping business will not be open to the public, minimizing the need for a site plan. Staff Conclusions for the 9-01-04 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. No more than ten (10) employees and nine (9) business vehicles shall be allowed on site as a part of this Conditional Use Permit. 3. Any expansion or change of use, including any increase in number of employees or equipment, will require a new Conditional Use Permit with an engineered site plan. 4. No sale of nursery stock will be allowed on site. C.U.P. #17-04 August 16th, 2004 Page 3 Following the requisite public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. fR,.k..tP-d. boiimtbn cui a.cm ne^� Oams Sir.... Retaining Walls -: IMUM. R��Rooaad... Centerlines Tanks �`. Trails 0 165 330 Feet application s�bgea /�/ curoarca LakadPond: Dame w� streams oO'V Retaining Walls Buildings R�oayd Centerlines lanae q� Trails 0 165 330 Feet `-7-� �OL 2004 Submittal Deadline P/C Meeting - D `�C`cK ozE� BOS Meeting �Q APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNT VIRGINIA I. Anplicant (The applicant if the owner Ed other) NAME: '%I ADDRESS: TELEPHONE 5-'�o - G 2. Please list all owners, occupants, or parties in interest of the property: .1. The property is located at: (please give exact directions and include the route number of your road or street) g:.?r7 _ ZZ 5 CA'1-t7W 6L'L. L -A -t'16-0 S o v'*' OF (leT G q -P (Lj'G�E 5 D r-31 i -3o " rZ1w - tia 7- f:�; u 1`'7)... 4. The property has a road frontage of 100 feet and a depth of 5-'�> 0 feet and consists ofacres. (Please be exact) 5. The property is owned by E�dwln 2OCEL;/ C7. E:L'Jc2+4 as evidenced by deed from recorded fk15`r2.,i,-ht,h - (previous owner) in desk no. on page , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. Tax(Parcel)Identification (I . D.) No. 6--.2 - y - 4C Magisterial District 5"A -W t`cee- Current Zoning fZA 7. Adjoining Property: USE North East Z9S i t215^yTIAi— South RES ► T75N ALS West I.A t nt 1 5 T01trkCr6 ZONING /� 1 8. The type of use proposed is (consult with the Planning Dept. before completing) I. 4 5GA-I IV vstrl 1F7S.S ouTP'oa2 S F F;740000-5, -V J941GLe r,44L1G(u& 9. It is proposed that the following buildings will be constructed: NJ o a E 1.0. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property where the requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this application: NAME A C 5EL-F STOaAC{E ADDRESS EaZo 5HErJ4WAD141+ AVE - PROPERTY Qb�A'� VA PROPERTY ID# (o �" -4A-I-- NAME W 1r-L.l pCA"- J2. CAl.lJ"` 'w4l,.1_.3Z ADDRESS 2'31? C/-1i•l7WeU- (--A,49- PROPERTY ID# %'�' � 4-04 W1xiutEsTe-Q- VA- 22-0Z NAME J04,-,( C, 1E055eL-L- I2. ADDRESS '285 CAL17lAf fa - PROPERTY ID# �� �i LAJ1AC1" -5 - V+ Z'Z o 'Z NAME IL1r49-10 OMAN. ADDRESS a-20 %E,41ZO>O>O J LAt-OF PROPERTY ID# (- -'!7- Q' -5/4 LL)►NG4,1;Te.2 -JA- 22(002 NAME l=FL iN��STM�►�-rs ADDRESS 'i40 old. f'A+21LlNS AOS L- r'-�. PROPERTY ID# y ' - (b C w �,,c 4e-5T';v -YL- \1 A ZZ & D2 NAME J,/A-r}f5KAMI✓ tZ_//,,l-Vt4N PROPERTY ID# (0'2,-- T ~ 4 - ADDRESS X474- �A`PE�/`► ► �-t- ' WiNcH�ST�� ✓A- -Z--Z-&o2 NAME (-eril { 5� s4,n C a r i l (e ADDRESS 33(o4 � 4 f�crr�►r rr ��( PROPERTY ID# 6 3 - Pq M 1�6 KUM0 PROPERTY ID# ADDRESS 11. Please use this page for your sketch of the property. Show proposed and/or existing structures on the property, including measurements to all property lines. `.7 d� lJ 0,2aL-ru 5 wK 418 F'AcE 655 �f l °oi 1po ,y�Y so do Y cl q �O 00Q ot It 3 „ ��, 2F. A N C Z3.0 AC, ° u o 'Q'_ii� if . 4 a Ili p ` N40fS8'54"W-415. 2' j 31.26 0 , e •( � . O ur a � .,C 2cc 4 �J F•• 0 Q ( � � • h Q IZ • N a HNA a m a � o N 3200In W o i 431.1 s' U. REr Z. s AC. o or PAR EO RrloN o R U SS Qg ZOS �Z P. Lor 3 AER � •\ ��,,•• ;. . 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Additional comments, if any: I (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Signature of Applicant Signature of Owner Owners' Mailing Address i D T LS 5 L�e�s e-�Ty JA- ZZ6s5 Owners' Telephone No. 5-110 -665- IM07 5-`/o'`9-7`/' 6%(,. / �etz-4) TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: Special Limited Power of Attorney County of Frederick, Virginia Planning Office, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) E fi%w 10 2 , d- � u C is t,,/ 1�• C L 41 R A(Phone) � CPG✓' `{ `-F LI -j (Address) -108 T� t G G o v 127 STS �� 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. 0--'99 Z4 18P on Page , and is described as Parcel: _- Lot: le- Block: >e- Section: K Sub Sion: -(iE in do hereby make, constitute and appoint: AA .r.wrA-i:;--1_ (61?-�i2--1313 (Address) !, (D OFY-iT el GG/i-D 1 L -Uy 5 i 12� k � W1 NCW--7-e-12 V ,+ 22Coof To act as my true and lawful attorney-in-fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: ❑ Rezoning (Including proffers) Conditional Use Permits ❑ Master Development Plan (Preliminary and Final) ❑ Subdivision `6?[- 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. �h witness the I (wAhave hereto sect my (our) hand ani al this 7 ,41ay of , 200 State of Virginia, City/County of U@t,-rSC�i'1 , 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 ans acknowled e fid same before me in the jurisdiction aforesaid this T 91day of "a,-4 ., 200 17 `r My Commission Expires: a �oo � Notary Public Virginia Department of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, Virginia 22824 (540) 984-5600 E Residency JUIN 0 4 2004 The local office of the Transportation Department is located at 2275 Northwestern Pike in 'Winchester if you prefer to hand deliver this form. Applicant's name, address and phone number: 1 �o EA -ST Pi C - Name of development and/or description of the request: C rt2 b eo 5 t; v7 Q u -r r7,o o (L ,t - y 45 W G L 62-ioctiLL62 k-. tTH (-AQT75C-*-e11QCq- I��U�rNre-s,S Location: �j2.e.c.Tt,-) r226t- `'sem �,E�S�� CSF �L ��c�� ST02AG� fit? L--Ab#J C:- G ZT -7'7 S 0 a -FW. 6 F rV64AA L f-4— i< O'Ar l R T ( ,4LO Acccsst< j -jOitLVW S ':.a' 2/Q .j 4677 —5 L.717 Va. Dept. of Transportation Comments: The i pan for This property appears to have little measurable impact on R ccess to the property. Presententrance is adequate feF picepased intprovements. Should business ever expand in the f0ture, entrance i. VDOT Signature and Date: (NOTICE TO RESIDENT ENGINEER*PI TURN THIS FORM TUAPPLICANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency iwith their review. Also, please attach two (2) copies of your application form, location map and all other pertinent information. REQUEST FOR CONDITIONAL USE PERMIT COMMENTS r vR"s Frederick County Fire Marshal ATTN: Fire Marshal 107 North Rent Street Winchester, Virginia 22601 (540) 665-6350 The Frederick County Fire Marshal is located at 107 North Kent Street, 1st floor of the County Administration Building in Winchester, if you prefer to hand deliver this review form. P.;pplicant's name, address and phone number: AA tl6p— 149-1-7- A2Tzcl7+ 55 -C-. L 6 Com( e1 cLgvcc,L--/ '5T w1rjCE-te-5� �x--f Name of development and/or description of the request: r0yu ew'4p 0 'j r 'j2od(Z- 5ro aA-a-" Ar,50C44're,[:�> l,) I-r'f tom}r.(Y-?2)&A-kP(A&. �j;y5rN�ScS Location: �I ri:�L►�-`� fzi'� E f I lJD �EA�T� 5 I- �C. �iE�-F ���5 2A'� A -r Fire Marshal Comments: Fire Marshal Signature & Date (NOTICE TO FIRE MARSHAL - PLEASE RETUR THIS FORM TO APPLICANT.) NOTICE TO APPLICA T It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form, location map and any other pertinent information. -71-7), S011T1-4 OF CoA- y (,2 }' 4 4) - A �s c y �, V�-rE ��' fz/vr NIJ o C f;5,w l L7 Fire Marshal Comments: Fire Marshal Signature & Date (NOTICE TO FIRE MARSHAL - PLEASE RETUR THIS FORM TO APPLICANT.) NOTICE TO APPLICA T It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form, location map and any other pertinent information. Control number CUP04-0013 Project Name Elvira Landscaping Address 16 E.Piccadilly Street Type Application Condioional Use Current Zoning RA Automatic Sprinkler System No Other recommendation Emergency Vehicle Access Adequate Siamese Location Not Identified Emergency Vehicle Access Comments Access Comments Frederick County Fire and Rescue Department Office of the Fire Marshal Flan Review and Comments Date received 6/2/2004 City Winchester Tax ID Number 63-4-4C Date reviewed 6/2/2004 Applicant Mike Artz State Zip VA 22601 Fire District 21 Recommendations Automatic Fire Alarm System No Requirements Hydrant Location Not Identified Roadway/Aisleway Width Adequate Date Revised Applicant Phone 540-667-3233 Rescue District 21 Election District Shawnee Residential Sprinkler System No Fire Lane Required No Special Hazards No Additional Comments A r s ro ? ultE, U&& Via;"?'J1)1 J .17 Si.g I Cant ccr�cerrs � rfac<i-ig current ,ire ;and 'e scue estcin we. Plan Approval Recommended Reviewed By Signature°IN Yes Timothy L. Welsh _ - Title r REQUEST FOR CONDITIONAL USE PERMIT COMMENTS RECEIVED Frederick County Inspections Department JUN 0 2 200k Attn: Building Official 107 North Kent Streetlycoutm Winchester, Virginia 22601 MONS,W a5 (540) 665-5650 The Frederick County Inspections Department is located at 107 North Kent Street, 4th Floor of the County Administration Building in Winchester, if you prefer to hand deliver this review. Applicant's name, address and phone number: Name of development and/or description of the request: r"���� bQSTOC�CL 5 i OW_. e q-�jC64tcc_-mac Pjq-4JL !+J(f- �so� ]Location: �.' CA-_r-7LJZLJ_ L-'tJ C— j ME PM 212) `7661-:H 0 __ �' (_L' (Z_6/4r_> —ter 112 111-/ �o1L l Inspection Department Comments: Code Administrator Si Co nature & Date: �J (NOTICE TO INSPECTIONS DEPT.*PLEASE R RN THI 9 FdW TO APP AN .) NOTICE TO APPLICANT it is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form, location map and all other pertinent information. 'Tlz cakLo1 t o'zi- W C °� LAA c (cc) 0(-1() y'q _5 0 Cs _ , I`4 . (c 3 - y -- t{ REOUEST FOR CONDITIONAL USE PERMIT COMMENTS Winchester -Frederick County Health Department 107 North ]Kent Street, Suite 201 Winchester, Virginia 22601 (540) 722-3480 The Winchester -Frederick County Health Department is located in the County Administration Building at 107 North Kent Street in Winchester, if you prefer to hand delivered this form. Applicant's name, address and phone number: >� r k6Z— N7'r, of development and/or description of the request: '�%asG� 6u l�od2 570 ,j L/C,a- I-1Cl� ff ss oG�fr E rJ W !TH CAS ►�sG�,���r� SiN�ss ]Location: 4 cL-r L_ f -F _ -zZ� c,vwcl-� l�N� �r'L'�-�►� S�uTH- o� P/f"�G/�l�—�ofyr� 2T a Health Departm Comments: �2d /do OLi-��7dyi fa ,�ra,od�ec o% c ca ti'en_ NOTICE TO APPLICANT .It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form, location map and all other pertinent information. REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Winchester Regional Airport Attns EXecutivo Director 491 Airport Road Winchester, Virginia 22602 (540) 662-2422 The Winchester Regional Airport is located on Route 645, off of Route 522 South, if you prefer to hand deliver this review form. Applicant's name, address and phone number: 01Q 4-X-11 Ag I Z /6 � � � � �� GG,9-.7! LL y �%, w �n c !fes-�zTP� ✓ff- Z7_� o � Name of development and/or description of the request: D�` � 7�� �,r�h�rrr ST�`c�G � � ✓Eif i�LC ��r�/��iv4 :Location: I2/2e�-rGy /-,"E-1i1'o EfI-6 F --�,C- SE Si z"G -,- 4-T 22 S C.4e-04--e Z-1— &,,q iv t (fir ���� 5 o v T +/ Or - «%E lo`fy>/- --!�7a1�,J yi1JJ/ /�IJiLT Winchester Regional Airports Comments: Airport Signature and Date: <:-D 11:1 (NOTICE TO AIRPORT. * PLEASE RETURN NOTICE TO APPLICANT It is your responsibility to complete this possible in order to assist the agency with please attach a copy of your application proffer statement, impact analysis, and information. APPLICANT:) form as accurately as their review. Also, form, location map, all other pertinent WINCHESTER REGIONAL AIRPORT SERVING THE TOP OF VIRGINIA / July 23; 2004 Mike Artz Artz and Associates, PLC 16 East Piccadilly Street Winchester, Virginia 22601 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22602 (540) 662-2422 Re: Conditional Use Permit Comments Mike Artz, Artz & Associates Shawnee MiagiSteria,) DiStri,t Dear Mr. Artz: Since the Conditional Use Permit does not appear to have any impact on the operations of the Winchester Regional Airport, there are no objections or special conditions to request for this site plan. Thank you for the opportunity to review these plans to ensure the continued safe and efficient operation of the Winchester Regional Airport. Should you have any questions, please do not hesitate to contact this office. Sincerely, Serena R. Manuel Executive Director 4�cK COG CONDITIONAL USE PERMIT #18-04 aw �� WALTER AND TAEKO FLOYD (a Staff Report for Planning Commission Public Hearing Prepared: August 16, 2004 1J3w Staff contact: Mark K. C:heran, Interim Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 09/01/04 Pending Board of Supervisors: 09/22/04 Pending LOCATION: This subject property is located at 6238 Wardensville Grade (Route 608). MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBERS: 69 -A -44A PROPERTY ZONING & PRESENT USE: RA (Rural Areas) Zoning District Land Use: Bed & Breakfast ADJOINING PROPERTY ZONING & USE: RA (Rural Areas) Zoning District Land Use: Residential and Vacant PROPOSED USE: Addition to existing Bed and Breakfast Motel (Motel/Resort). REVIEW EVALUATIONS: Virginia Dept. of Transportation: The application for a conditional use permit for this property appears to have little measurable impact on Rt. 608, 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 # 18-04, Walter and Taeko Floyd August 16, 2004 Page 2 Inspections Department: Addition and existing dwelling shall require a change of use permit from R-3 (One and Two Family) to R-1 (Hotel/Motel) Under section 310 of the International Building Code/2000 and The Virginia Uniform Statewide Building Code. Other code that applies is CABO A 117.1-98 Accessible and Usable Buildings and Facilities. HC parking and access to the building shall be provided. Fire Marshal: Site visit reveals no adverse effects on fire department response. Plan approval recommended. Health Department.: This office has issued a sewage disposal permit to enlarge existing system by 750 gpd. This enlargement is to serve additional rooms being considered for approval. New sewage disposal permit is valid until 1/12/06. Planning and Zoning: This application will expand Conditional Use Permit 11-01, an existing bed & breakfast use that was approved by the Board of Supervisors on October 11, 2001. (CUP #11-01) The original Conditional Use Permit was approved for a bed and breakfast within a three-bedroom house with no more than eight (8) guests. The Frederick County Zoning Ordinance does not specifically address a "Bed and Breakfast" type of operation. The National Standard Industrial Classification (SIC) Manual lists bed and breakfast operations under the motel/resort category. The applicant is requesting to add two (2) more guest rooms and a meeting room to this existing bed & breakfast use. The total number guests allowed will be no more than fourteen (14) at any one time. The meeting/conference room will have no more than twenty-five (25) people at any one time. The dwelling where this proposed use will take place, meets all of the RA (Rural Areas) District setback requirements. The property is surrounded by similar properties, with the nearest residential property dwelling being 50 feet from the proposed bed and breakfast. It is staff's belief that this proposed use will not have any negative impact on the surrounding properties. STAFF CONCLUSIONS FOR THE 09-01-04 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, staff would recommend the following conditions: 1. All Frederick County Zoning Ordinance requirements and review agency comments shall be addressed and complied with at all times. 2. No more than fourteen (14) guests at any one time allowed. 3. No more than twenty-five (25) people allowed for a meeting or conference. 4. Any expansion or modification shall require approval of a new Conditional Use Permit with an approved site plan. Map Features jar y Ell (Business, Neighborhood District) CUP# 18 04 Aj CUF'#14-04 U2 (Business, General District) W E OLares/Ponds E33(Business, Industrial Transition District) Watler & Taeko Floyd /�/ streams S F:M (E><hactive Manufacturing District) CDParcels HE V2. City Town Bounday (Higher Education District) iR4 (Residenlial Planned Community District) (59 _ A - 44,44A, 4 5 ) / M7 (Industrial, Light District) J: a+RS (Residential Recreational Community District) rA2 (Industrial, General District) RA (Rural Areas District) 0 330 660 1,320 Rr11-11 (Motile Home Community District) RP (Residential Performance District) MS (Medical Support District) Coe} A' .d I �t �� -3- '6 ti"1 1' I � � � 1 1� t �. � y' 7', t' f •+' '� ' 1 dU 1 I f rr r ,r� "i, ,-c:..: 4 Vis'=`` `i4' - , f • P +� rr ,i� r i _ JC IF �}i��. � :'1 r .� I�} JI st��S' Y/+�1fl�i11rf%'�JJyi!, • rr{ ;,r, 4y�1 ��. y � 1 � ��,� 9 r 1�illr`rr' ✓ ,r u1/57��r�rf(��"�' a 7 T f ♦ +5 �i-� 45 Submittal Deadline P/C Meeting BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 4 & 'oy 1. Applicant (The applicant if the owner other) NAME: I�f�'Y' 9•� ADDRESS : 04 Z 2 6, LO rn TELEPHONE 2. Please list all owners, occupants, or parties in interest of the property: i;,Air i:Fk:L. CS '.c1.WA—,4 :'H'sr�, Q>`�ii✓°.:%r!..E`.,''lsS. r,�G..a>:: i""ii�".� 3. The property is located at: (please give exact directions and include the route number of your road or street) ".L •+"; "tis'M1` c c ;�{ lS.'�i:r l (tirdi ;-i G.ti.J�iii# +, w 4liz; kkO !, + ih:r. w -�-r '• � - �- �.1R �'G �l-`.�Q. /` st �is.!.ii..- Si~Ii-1 MT ti'p i°�. _.+:i" �c'i. ..a irlci�.� 'fi fit:• %`��=' 4. The•t property has a road frontage of °•' r feet and a depth of '3.4il .'L feet and consists of 1-714, 4-! acres. (Please be exact) 5. The property is owned by iI�{� �r-t ;•K• ''� " �`-''_'v as evidenced by deed from "° d `, 7.- recorded Pv"cyc- -01 Dnp -1 (previous owner) in deed book no. G l , g45' on page 6 % o 4 q'"7 , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. Tax(Parcel)Identification (I.D.)No. Magisterial District ;� 1 ;f,r :.teiy Current Zoning 61.,( 7. Adjoining Property: USE ZONING North f �:r;�:�IJ 4 East 6 r .4 South c s'r" 1. West � 8. The type of use proposed is (consult with the Planning Dept. before completing) �G�:J., ,`rf 14 ALZ _j, 9. It is proposed that the following buildings will be constructed: --ME r � a_> `'i ye � 6) is r� J�-^S�t � v7.� rt Y.. tr'%� r �1 � �..✓f l t,� r~ � �: r:,s:t. p{s�`� �v �S Fes.. i : � � ,Oest !r2 Z/ �{�t�yj �ti� � .�,+�:°ti .�1 :,��-:- �� 1('`l{ �I•it�t, aJr..s' k�Ly �'��e}_,i% l�� �1�-�SGr,S ��{��Li `J` J 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property where the requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this application: 1 cj �C.'r;3:..T7 l�k;tlF NAME (�(r'fit f;.�rl;ac ADDRESS VA PROPERTY ID# �� 1` ' - f" ffIA r :i IfiQ. —OA t a,[ i'e NAME ��.:>E�: (���:,�, S ��.� ADDRESS )Rai f•.:.t►?r17J, PROPERTY ID# 6:q A- LI -F, NAME m 1 �_� M q r�iz7L�4 ¢ ;..t(A1 j ADDRESS(:9,'r �C.l� c :� ; r? VA PROPERTY ID#a 1� NAME PROPERTY ID# r'— ADDRESS t�7,'rV �H.�; :rte VA NAME �-f='='' �r r ' ADDRESS PROPERTY ID# `='r - "' - I' NAME M,KL f I' AX-.-- j2 ADDRESS r'2f,�, " , rf� J �i „�F•Y rrt!.y •P 2f. PROPERTY ID# l` " A- -39 b J _r Ri r .rr f ��rrGJr_'f^ % �ae"�?' ADDRESS (rtl! 'J' Ir •" �/�^ J NAME / PROPERTY ID# r� NAME PROPERTY ID#' " 'r ADDRESS 11. Please use this page for your sketch of the property. Show proposed and/or existing structures on the property, including measurements to all property lines. F -fol,- : y /S, 31� UFi- UPL= `{� ,,,,c, L.A. �, Uri (j�t. t. r tZEN54N t K+Gt•+4 Of wn)l v i + APAm(JOTcl< ,fit.+. cock• owe i r �{ G I � .Ir 3q� �<<cKER ;'�, i Ln!• 14, N+Cµo t 5c,d "6"qs- (023$ WARD-Nsu•uf; r`ac.. � + /yfRAy j t4Ait —ilk A ( +. or(. t 67 r-9 W.R+tOFNSYicc6GRADE 1G6o8 „LLs R./A-ou6H m9SP2.�LS ttq{�tF�iCE Fizr�: �l Nij•��r�,•cnL AAcR ., _1v - �,MhriAG::� �� pock c,crc K (ZURi—i-Aj CtrUQ� 14, N+Cµo t 5c,d "6"qs- 12. Additional comments, if any: &-DA-AA PC -LA i .�T{t �vtrr�r= �f �'t?? Fili_�_ iJ �L)eilrKr'�C.��'i iia 6.j�!•c'1 �Sr! �r S� .�_1 � ;3^.7�y A y y"� L,` A F.<. Zj-, —A psi w,:..; kk:f C: ) t i -O t ✓r-: et <­ S1i't 'e" J 6._'S 5 t :s's C. `_u�A fc iv' 4`x-�1�, `.i'�'`i' vJ a_ _ !Ecf4 i 4A { Cs� i !-vtiiCl4 r J I (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Signature of Applicant �. Signature of Owner Owners' Mailing Address:�_s'. rr=i; v°;r�= L {,\- S.; Owners' Telephone No. �` D - S-",, i,; t� :, �-� TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Virginia Department of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, Virginia 22824 (540) 984-'5600 The local office of the Transportation Department is located at 2275 Northwestern Pike in Winchester if you prefer to hand deliver this form. Applicant's name, address and phone number: i�J4� r� 7L,i iru 3 r_ , ' 1 J�� fit" C v ?L -p, tqX, urs Ps�.rv0�5 9,� i RC °! -4o- F'7-'-vb0Q j'�alRr: j a,.+r ay X1;1 .22 Name of development and/or description of the request: i�i'Lh �CL inJ„�1{ ICs .Va� t-Ti� a :017. • J;. Steri {:i• -r �, ;.• 1L �i � >-i J Location: &;Z32 AS P^o[r. l�C's Zr3w �1:ti f�'t,i F/'�frir_ lit b.t (aJc� l�fi, G G�i3 tib, icrJ 1M14r 7N '3',r"i - - r. .? A,G.d�`.t�i :. ; �fi ins=`1%! t' �.:± � �tu� /§17�.d h-Cc�i«i�i �!'-�`' lt�'� d E --%,h Va. Dept. of Transportation Comments: -I Ic clp'�LTJLCIUVI I 111T --Cl- 1-411 [1111 it, I Id I tb�- rCT-11] I L -:4F ILHIS PFUPCFLJ' appears Lo fF— •.�• • W- future,. tha-entrance— may have to .- ungrAdArl fn \/Q-QTstandards. Thank you -for allowing us the oggortunity to comment. rnmMerri.1 VDOT Signature and Date: ,I& L ll� IG rn -f� &,L/.AZ (NOTICE TO RESIDENT ENGINEER*PLIEASE RETURN THIS FORM TO APPLICANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach two (2) copies of your application form, location map and all other pertinent information. REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Frederick County Inspections DepartmentL Attn: Building Official 107 North Kent Street N11r Winchester, Virginia 22601 (540) 665-5650 aj AIe�isa. vie The Frederick County Inspections Department is located at 107 North Kent Street, 4th Floor of the County Administration Building in Winchester, if you prefer to hand deliver this review. Applicant's name, address and phone number: l%a�7 it ,} jF«y F. i'L�yw �s'y� t .�kre4,k�1 �� ati'cftr.Ae? L. ) ,1 1 Name of development and/or description of the request: �'f"-_;1•+LyiGC: ��,:�`�'t`{'.y �`:�i..J•�'( %d i,�,:.IirvC"? /"ti C�c�' ! �iG' f?r:�F7� L`r•Nr,�j.��'•t� /!;nf; r-- � r_e`-•nTf �-� d• y [ten 11 r Location: -7A A)i-'eZy %f:} (ALt_- i� Tc C t' �, i+ G 1ta*t._ % .'7er � C• �Ga i ckv'li. A{ i', w� jAf,4j z t;41i 1 j %)C=' k',;iti = r: . _._Pv� yI.'� , i•-\ f'w F�"'+.,t j..h%=: Inspection Department Comments: r'4f i Code Administrator Signature & Date: % OV (NOTICE TO INSPECTIONS DEPT.*PLEASE RPV11N I FO TO -7iPPnCANT.) NOTICE TO APPLICANT it is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form, location map and all other pertinent information. t L.YELY`=�J�At Ivv—UcV REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Frederick county Fire Marsh�iECEWEO T `�� 107North Renta Street 8Q� Winchester, Virginia 22601 (540) 665-6350 The Frederick County Fire Marshal is located at 107 North Kent Street, 1st floor of the County Administration Building in Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone number: r �f ;i�_,c:t 1, f`Z-G''I'='1t:i,.c. + I:R�1C�� � I—i.;3'%� �.�.5'3 G�cY,rtJr.:--��Si/••s�2= Cs=i>in:=: i y Name of development and/or description of the request: e;�6 -�AE-T7r_A5 A T€tF/4 ifrf-e Location: -'z?_ (de--!t.L� c� �r� rice � (h, tr f ic�t OF Af P;j",�r-11 S i.' , %Ch ret e++� � <'�f �< rL � d.. r�.'z_F:, L^rt�•'i lz= if r_'<<_ ��� i"1.�'1i'910z, Zt [_ P�z- A ,5; ::P05�... r-1�_I �.�} l(.l ''1i.4�kC F. c'.,�_ri::i1 Fire Marshal Comments: Fire Marshal Signature & Date (NOTICE TO FIRE MARSHAL - PLEASE RETURN T S FORM TO APPLICANT. NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form, location map and any other pertinent information.' Control number CUP04-0014 Project Name Pembrook Springs Retreat Address 6238 Wardensville Grade Type Application Conditional Use Current Zoning RA Frederick County Fire and Rescue Department Office of the Fire € arshal Plan Review and Comments Date received 6/1/2004 City Star Tannery Tax ID Number 69 -A -44,44A & 4 Date reviewed 6111/2004 Applicant Walter Floyd State Zip VA 22654 Fire District 19 Recommendations Automatic Sprinkler System Automatic Fire Alarm System No No Other recommendation Portable Fire Extinguishers and Smoke Detection Equipment Emergency Vehicle Access Adequate Siamese Location Not Identified Emergency Vehicle Access Comments Access Comments Hydrant Location Not Identified Roadway/Aisleway Width Adequate Additional Comments iilEsil ree-�is ;-�s ac ei- n =i ect-4 as-: %ire �p_�rtre�E aC ponse. Date Revised Applicant Phone 540-877-2600 Rescue District 19 Election District Back Creek Residential Sprinkler System Yes Fire Lane Required No Special Hazards No Plan Approval Recommended pp Reviewed By Signature Yes Timothy L. Welsh Title ��hCl .'Ct&q&q -zq 5L 1 Cb REOUEST FOR CONDITIONAL USE PERMIT COMMENTS Winchester -Frederick County Health Department 107 North Kent Street, Suite 201 Winchester, Virginia 22601 (540) 722-3480 The Winchester -Frederick County Health Department is located in the County Administration Building at 107 North Kent Street in Winchester, if you prefer to hand delivered this form. Applicant's name, address and phone number: Name of development and/or description of the request: ►% a�r(i k_s :�li-, 4�,;� 4UY—?—kx_'i 1_ _ A5, 36 f� i Ldl>rA (z> �o:J 'e, ;ic-r anti 'Al 41:'77i.•J' / lt' "i i ..c .. / ) i ,i r_ i..' C• ri;-tj3� W{i._r l� ht5 � r Si r.a>z;w'S � t L / Giy^ �t 7y' `i- ?ac:,.�N , f.v'c i{,$u::. j4 1.4•'fF.c', it %iqA=f r ' Location: _�`S GGi��i f(�r :t7: Lii_I_r G a' i'.( .51 � f.�S,'�r-`moi tx` �Y �. (k�C, ri'G.—.°.`- e ii-fi °.�` „�.,.:•5i C.G- INCMI. --1�?�1 (,��'�'7 .�Y_":) V73i�(Fi�aiS-` mit ��L'i�1 � �•-_ Ct'F•aI-.S L'b•.i';,-i! .;�� /'�i.��S"i jh�- ?�Gr.-^r !_.� �j.�C 7� �. Health Department C,�nments:: i' o r`r c Aa S 's o 3 1141 e x - is s . ~...�-� l rh s �'�• c L l �2- Q Signature and Date: NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form, location map and all other pertinent information. ax Year: 2004 COUNT- Of FREDERlFyK, VIR%�"IIIA REAL ESTATE TAX BILL C. William Orndoff, Jr., Treasurer Please see reverse side for additional information. Z#: 10174 •op artY 1. D. #: 69 -A- - 44- •operty Description: 102.69 ACRES.� ......:..:..................... :.....::;,�:::: 6-1 4 94.45 l 113,2001 129,2001 163,6231 .73001 $597.231 $597.22 rax Year: 2004 �OUIV f FR i�ERICK, VIRGINIA II��IA REAL ESTATE TAX BILL C. William Orndoff, Jr., Treasurer Please see reverse side for adktionai informatim L 'icket #: 10175 ronerty LD_ #- as - n_ _ nn n COUNTY Of FREDERI dx Year: 2004 Kly VIRiJINIA REAL ESTATE I"AX BILL C. William Omdoff, Jr., Treasurer Please see reverse side for additional information. icket #: 10176 •operty I.D. #: 69 - A- - 45- u i� Ne CAR TER BUR TON ARCHITECTURE. P.L.C. 1 t west Main street 9WWft Va.22511 Telephone: (540) 9554844 FlIMINle: (540)955-0410 www.caftrburbn.com PEMBROKE SPRINGS ADDITIONS AND RENOVATIONS PROPOSED VIEWS 107.21.04 � �.: �� :�rr� i 1®1�,� -__, .. i • • MASTER DEVELOPMENT PLAN (MDP) #08-04 THE TOWNES AT MOSBY STATION Staff Report for the Planning Commission Prepared: August 16, 2004 Staff Contact: Eric R. Lawrence, AICP, Planning Director This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist 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 Recommendation of Denial & denial of waiver request 09/01/04 Pending Board of Supervisors: 09/22/04 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: 17 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 August 16, 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 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. Comments for Revised MDP: (same as above) 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. Comments for Revised MDP: Fire lane signs and markings are required at all fire hydrants, fire department connections and all normal and emergency access points to the structure(s). Fire hydrants shall be within three feet of curb. Water supplies for firefighting shall be in place prior to building construction. Plan approval recommended. Frederick County 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): 1 st 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. MDP #08-04, The Townes at Mosby Station Page 3 August 16, 2004 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. 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 '.JnCr-ica i louse 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 subj ect 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 MDP #08-04, The Townes at Mosby Station Page 4 August 16, 2004 reclassified. Rezoning Application 902-98, 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 17 townhouses Planning Staff Comment: The revised MDP, with the relocation of the proposed entrance so it aligns with Spanish Oak Road, proposes one less townhouse than the original MDP, reviewed by the Planning Commission on July 7, 2004. E) Site Suitability & Project Scone Land Use Compatibility: The 2 %2 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 County Rural 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 floodplains, 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 Coppty, Virginia indicates that the soil MDP 908-04, The Townes at Mosby Station Page 5 August 16, 2004 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, a new right turn lane consisting of a 150' taper and a 100' deceleration lane shall be provided for the proposed entrance. The applicant has revised the MDP since the Planning Commission Meeting on July 7, 2004 to comply with Section 165-29. A (12), which requires that the entrance align across from Spanish Oak Road where the existing curb -cut is. The Planning Commission's denial of the applicant's waiver to this requirement necessitated this change. The proposed streets within the development are private streets. 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 full screen along the eastern 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 full screen along the eastern property line is not required by the Zoning Ordinance, because the adjoining property is not residential. However, the applicant has provided this screen upon recommendation by staff. The Greenwood Baptist Church has just recently submitted as site plan for a church on the property to the east. The proposed development shall also provide a 6' asphalt 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. The revised MDP has the trail within the inactive portion of the road efficiency buffer as requested by staff. It has also been clarified on the plan that the trail shall have an asphalt surface material. PlanninnigSta[fComment: The Department ofParks & 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. MDP #08-04, The Townes at Mosby Station Page 6 August 16, 2004 PLANNING COMMISSION SUMMARY & ACTION OF THE 07/07/04 MEETING: Six adjoining property owners spoke in opposition to townhouses at this location. They did not believe townhouses were compatible with their existing single-family home neighborhood; they were concerned about the possible impact to their property values; they were concerned about the possible negative impact to their quality of life by having a multi -family neighborhood so close on the adjoining property. Some of the property owners mentioned that they were told when they purchased their property that the only possible use for the two -and -one-half acre parcel would be a small business or doctor's office. Water run-off problems were mentioned, as well as the height of the proposed townhouse units. The applicant was aware of the existing drainage problems and assured the Commission of his intent to provide adequate stormwater management. The applicant said that during the design ofthis project, they sought to align their access with Spanish Oak, but could not make their project work. Moving their entrance as far to the east as possible gave them a workable project and allowed them to meet entrance spacing requirements as well. Members of the Planning Commission had concerns about the compatibility of townhouses at this location. They also raised safety concerns about the location of the proposed entrance, due to sight distance and traffic congestion. Commission members noted that sufficient information had not been submitted to show the impacts projected for 18 townhouses and the traffic that would be generated in order to justify relocating the entrance. The Planning Commission unanimously recommended denial of the entrance waiver request and thereby recommended denial of the master development plan on the basis of nonconformance with the ordinance. (Please note: Commissioners Watt, Ours, and Light were absent from the meeting.) STAFF CONCLUSIONS FOR 09/01/04 PLANNING COMMISSION MEETING: This preliminary master development plan proposes up to 17 townhouses on approximately 2 I/2 acres of land zoned RP (Residential Performance) District. This plan is a revision of the plan the Planning Commission recommended denial of during their meeting on July 7, 2004. The denial of the applicant's access waiver request by the Planning Commission necessitated that the applicant revise the MDP so the entrance aligns with Spanish Oak Road, as required by the Zoning Ordinance. The revision appears to meet all County requirements for a master development plan. Staff comments that it may be appropriate to increase the width of this trail to 10' in order to meet the standards of the Department of Parks and Recreation. 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. MDP#08-04 - Townes At Mosby Station (PIN: 75M - 2B - 8A) 'V—AAr rirlr Count Master Development Flan APPLICATION MASTER DEVELOPMENT PLAN 1. Project Title: THE TOUJ ,--S Frr Cv 055Y 2. Owner's Name: 19 t �t -roc )PJ I Ila�.2 645 (Please list the names of all owners or parties in intrest) 3. Applicant: Address: Phone Number: W t a,4o - a4P-- 1-737 4. Design Company: DuI Gt.l F� rv\ H Gap'Dogj Address: ` U. tTE �? 01 Phone Number: 54- ®1 -7 3 7 Contact Name: Page l l Plan APPLICATION cont'd MASTER DEVELOPMENT PLAN 5. Location of Property: �R.�'H SIDE �F 7PS rZc?P-p, 1 7 -Ft"ST ofd 6. Total Acreage: Acars 7® Property Information:-�SM_�� a) Property Identification Number (PIN): R b) Current Zoning: V PKAY-r c) Present Use: g �ua�l tous�s d) Proposed Uses: e) Adjoining Property Information: � G F f }` TCH ED Property Identification Numbers Property Uses North South East West 0 Magisterial District: S k g. Is this an original or amended Master Development Plan? Original ✓ Amended I have read the material included in this Development. d understand what is I also understand that h mauired ster development Frederick County Department of Planning and De p ownership.on development plan shall include all Conti ootl�e s�ixbnu cion der f my mastor er�developmplan required material will be complete prior t application. Signature: C.c_ Date: Z e 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. 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