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PC 12-04-02 Meeting AgendaAGENDA FREDERICK COUNT' PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia DECEMBER 4, 2002 7:00 P.M. CALL TO ORDER TAB 1) November 6, 2002 Minutes ............................................... (A) 2) Committee Reports ................................................. (no tab) 3) Citizen Comments .................................................. (no tab) PUBLIC HEARING 4) Conditional Use Permit #15-02 of Cynthia Lou Foglia for "Pet Watchers" Animal Training Kennel. The property is located at 211 Bryarly Road and is identified with Property Identification Number 42-A-134 in the Gainesboro Magisterial District. (Ms. Ragsdale) ................... i.................................... (B) 5) Conditional Use Permit #16-02 of Shared Towers, Inc./White Tail Lane Tower, submitted by Greenway Engineering, for a time extension to a previously -approved condition associated with CUP #22-01 for a 195 -foot -high lattice -type telecommunications facility. This property is located on White Tail Lane off of North Frederick Pike (Route 522N) and is identified with Property Identification Number _19-A-27 in_the Gaineshoro Magisterial District. _ (Mr. Lawrence) ....................................................... (l) 6) Rezoning #12-02 of Kernstown United Methodist Church to rezone 1.621 acres from M2 (Industrial General) to B2 (Business Gene4l) District. This property is located at 3239 Valley Pike and is identified with Property Identification Numbers 63-A-96 and 63 -A -107A in the Shawnee Magisterial District. (Mrs. Kennedy)....................................................... (D) DISCUSSION ITEM 7) Discussion on a Proposal to Restrict Truck Traffic on Sections of Warrior Drive (Rt. 719); Rest Church Road (Rt. 669); Welltown Road (Rt. 661); Burnt Factory Road (Rt. 659) and Old Charles Town Road (Rt. 761). (Mrs. Kennedy) ......................... (E) 8) Other MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on November 6, 2002. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; Roger L. Thomas, Vice Chairman/ Opequon District; George J. Kriz, Gainesboro District; Greg L. Unger, Back Creek District; Crde11 Watt, Back Creek District; Robert A. Morris, Shawnee District; Pat Gochenour, Red Bud District; Mari F: Straub, Red Bud District; Richard C. Ours, Opequon District; Charles E. Triplett, Gainesboro District; William C. Rosenberry, Shawnee District; John H. Light, Stonewall District; Gene E. Fisher, Citizen at Large; and Jay Cook, Legal Counsel. ABSENT: Robert Sager, Board of Supervisors' Liaison; and Vincent DiBenedetto, Winchester City Liaison. STAFF PRESENT: Eric R. Lawrence, Planning Director; Christopher M. Mohn, Deputy Planning Director, Abbe S. Kennedy, Senior Planner; and Renee' S. Arlotta, Clerk. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MEETING MINUTES - OCTOBER 16, 2002 Upon motion made by Commissioner Kriz and seconded by Commissioner Fisher, the minutes of October 16, 2002 were unanimously approved as presented. COMMIT'T'EE REPORTS Development Review & Regulations Subcommittee (DRRS) - 10/24/02 Mtg. Commissioner Unger reported that the DRRS discussed woodlands and landscaping Frederick County Planning Commission Minutes of November 6, 2002 Page 953 -2 - regulations. He said that more discussion is needed before it is presented to the Commission. Transportation Committtee - 11/05/02 Mtg. Conunissioner Kriz reported that the Transportation Committee recommended approval of three truck traffic restrictions on sections of Warrior Drive (Rt. 719), sections of Rest Church Road (Rt. 669), and sections of Charles Town Road. Historic Resources Advisory Board (HRAB) Commissioner Gochenour stated that the HRAB has not met for several months and this concerns her, she believed the HRAB should meet -more often: — Economic Development Commission (EDC) - 11/01/02 Mtg. Commissioner Thomas reported that new bylaws were discussed for the EDC. He also reported that the EDC heard a presentation from the Shenandoah Valley Watershed Initiative (SVWI), which includes the Counties of Augusta, Clarke, Frederick, Page, Rockingham, Shenandoah, Warren, and the Cities ofHarrisonburg, Staunton, Waynesboro, and Winchester. Commissioner Thomas said the SVWI is conducting a study on this region, which has experienced significant growth in the last 20 years, by identifying problems and threats to the Potomac River and its watershed. He said the top threats to the water quality and the river itself were identified; one threat was agricultural runoff, but the primary threat came from failing septic systems. He said the study group is seeking ways to get people off septic systems and onto public treatment systems. Commissioner Thomas added that the study will continue over the next several months; he will share the final report with the Commission. PUBLIC HEARING Conditional Use Permit #12-02 of Shared Towers, Inc./Cross Junction Tower, submitted by Greenway Engineering, for a time extension to a previously -approved condition associated with CUP #18-01. This property is located near the intersection of Collinsville Road and Cross Junction Road, approximately 290 feet from North Frederick Pike (Rt. 522N), and is identified with Property Identification Number J8 -A-38 in the Gainesboro Magisterial District. Action - Recommended Approval with Conditions Frederick County Planning Commission Minutes of November 6, 2002 Page 954 -3 - Planning Director Eric R. Lawrence stated that this conditional use permit (CUP) and the following CUP are similar in nature in that they both revisit CUPs the County issued earlier this year, specifically, because of a condition requiring the telecommunications tower to be erected within 12 months of the approval of the CUP. Director Lawrence stated that the applicant has requested a 12 -month extension to that condition. Director Lawrence proceeded to review the background information on both ofthe tower CUPS for the Commission. He recalled for the Commission that in late 2001 and early 2002, a number of CUP applications for towers along the Rt. 522 corridor were received; four were presented on behalf of Shared Towers, Inc., this evening's applicant, and three were presented by Triton, PCS. He explained that the Triton, PCS applications were deferred pending the outcome of the Shared Towers' CUP a plications. In addition, he noted that the Planning Staff received a letter last week from Triton, PCS withdrawing their three CUP applications. Director Lawrence stated that, at this point in time, there are no comp ing towers along the Rt. 522 corridor. Director Lawrence continued, stating that both of the Shared Towers' CUP applications presented forreviewthis evening will need to be essentially reaffirmed and this will start the -12 -month clock over again. He added that no other changes have occurred along the Rt. 522 corridor as far as telecommunication services, therefore, the staff believed there was still a demand in that area for service to be provided. Cominissioner Morris recalled an ordinance change, regarding an engineering requirement for certification ofcollapse and collateral damage, that was enacted after the Shared Towers CUPS were approved. Commissioner Morris inquired if the applicant would be required to meet this requirement at the time of construction. Director Lawrence stated that these applications were the catalyst for that amendment and both had included statements from the tower's engineer, therefore, the applicant has indirectly satisfied the requirements that are on the books. Director Lawrence added that an additional condition could be placed on the CUP, if the extension is recommended for approval. Mr. Evan A. Wyatt with Greenway Engineering, representing Shared Towers, Inc., stated that the County decided that Rt. 522 is a corridor that needs service and CUPs have been approved. He said the applicant immediately followed up on those approvals by submitting site plans for all four tower sites, all of which were approved. Mr. Wyatt said a building permit has been issued for one site, Hunting Ridge, and the tower is under construction. Mr. Wyatt stated that due to a down -turn in the economy which has affected the telecommunications industry, the applicant is requesting an extension of the time frame to develop. He noted that tower heights and locations remain the same and, in addition, they have no problems with the Commission adding an additional condition requiring the engineer's certification. There were no public comments. The Commission believed this application for a commercial telecommunications facility was still valid because a need for the facility, based on a lack of coverage and capacity in this part of the County, had still been demonstrated; therefore, the Commission was amenable to granting the applicant an extension of 12 months to construct the tower with the added condition for submittal of an engineer's certification of collapse and collateral damage. Frederick County Planning Commission Minutes of November 6, 2002 Page 955 -4 - Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #12-02 of Shared Towers, Inc./Cross Junction Tower, submitted by Greenway Engineering, for a 12 -month time extension to construct the Cross Junction Tower, previously - approved under CUP #18-01, with the following conditions: All Zoning Ordinance requirements and review agency comments shall be addressed and complied with at all times. 2. The tower shall be available for co -locating personal wireless services providers. 3. A minor site plan shall be approved by the County. I 4. The tower shall be removed by the applicant or property owner within twelve (12) months of abandonment of operation. In the event a telecommunications tower is not erected within twelve (12) months of the approval of this Conditional Use Permit, then the CUP will be deemed invalid. A certified Virginia engineer shall provide verification that the tower is designed, and will be constructed, in a maturer that, should the tower collapse for any reason, the collapsed tower will be contained in an area around the tower, with a radius equal to or lesser than the setback, measured from the center line of the base of the tower. Conditional Use Permit #13-02 of Shared Towers, Inc./Reynold's Store Tower, submitted by Greenway Engineering, for a time extension to a previously -approved condition associated with CUP #20-01. This property is located at 8926 North Frederick Pike (Rt. 522N) and is identified with Property Identification Number 11-A-39 in the Gainesboro Magisterial District. Action - Recommended Approval with Conditions Chairman DeHaven noted that this is the exact same request as the previous application, but at a different location. Chairman DeHaven asked if anyone had questions or comments that were not addressed earlier. No comments or questions were made. There were no public comments. The Commission believed this application for a commercial telecommunications facility was still valid because a need for the facility, based on a lack of coverage and capacity in this part of the County, had still been demonstrated; therefore, the Commission was amenable to granting the applicant an extension of 12 months to construct the tower with the added condition for submittal of an engineer's certification of collapse and collateral damage. Frederick County Planning Commission Minutes of November 6, 2002 Page 956 -5 - Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #13-02 of Shared Towers, Inc./Reynold's Store Tower, submitted by Greenway Engineering, for a 12 -month time extension to construct the Reynold's Store Tower, previously - approved under CUP 420-01, with the following conditions: All Zoning Ordinance requirements and review agency comments shall be addressed and complied with at all times. 2. The tower shall be available for co -locating personal wireless services providers. 3. A minor site plan shall be approved by the County. 4. The tower shall be removed by the applicant or property owner within twelve (12) months of abandonment of operation. 5. In the event a telecommunications tower is not erected within twelve (J 2) months of the approval of this Conditional Use Permit, then the CUP will be deemed invalid. 6. A certified Virginia engineer shall provide verification that the tower is designed, and will be constructed, in a manner that, should the tower collapse for any reason, the collapsed tower will be contained in an area around the tower, with a radius equal to or lesser than the setback, measured from the center line of the base of the tower_ Rezoning 907-02 of Doris F. Casey (tabled from PC meetings of 7/01/02 & 8/21/02), submitted by Greenway Engineering, to rezone 30.31 acres from RA (Rural Areas) to RP (Residential Performance) District. This property is located approximately 800 feet north of the intersection of Front Royal Pike (Route 522 S.) and Papermill Road (Route 644) and is identified with Property Identification Number 64-A-23 in the Shawnee Magisterial District. Action - Recommended Approval with Proffers Senior Plamier Abbe S. Kennedy updated the Commission on actions that took place at the Commission's July 1, 2002 and August 21, 2002 meetings. She also updated the Commission on the various revisions submitted by the applicant since the Commission's August 21 meeting. Planner Kennedy said the revised application appropriately meets county requirements and has addressed many concerns of the Planning Commission, the public, and the staff. In particular, she pointed out that the applicant meets buffer requirements along major collector roads and exceeds the zoning code requirements by providing a 50' buffer along the entire southern property boundary adjacent to the Shenandoah Memorial Park; also included in the proffer is a six-foot high fence, resembling a traditional iron fence, to be installed along the cemetery and evergreen trees on 10' centers will be planted along the entire length of the property line; and an emergency access connection to Rt. 644 (Papermill Road) has been shown on the general development plan. Frederick County Planning Commission Minutes of November 6, 2002 Page 957 Commissioner Gochenour inquired about the difference in the monetary contribution per lot by the applicant and the net capital facilities impact shown by the output model. Planner Kennedy pointed out that this rezoning application was received prior to the July 1, 2002 changes in the output model, therefore, the standard proffers offered with the application were acceptable. Mr. Evan A. Wyatt with Greenway Engineering came forward to represent the Doris F. Casey rezoning application. Upon recapping the revisions that have taken place with this rezoning since it was initially submitted, Mr. Wyatt first stated that they eliminated the B 1 zoning from the original RP and B 1 proposal because of the consensus that RP zoning was more fitting for this area. He next talked about the two issues associated with the general development plan submitted as a proffer: access on Rt. 522 versus Rt. 644 (Papermill Rd.) and the impact to the Shenandoah Memorial Park cemetery. Mr. Wyatt reiterated again that Rt. 522 was a four -lane major arterial with an existing center turn lane and capable of handling 10,000 vehicle trips per day (tpd), whereas Rt. 644 was a two-lane road containing a 40' right-of-way with geometric pr�blems and capable of handling only 6,500 vehicle tpd. Mr. Wyatt believed Rt. 522 was the better road and was lwhere the primary access should be, with the emergency access on Papernill Rd. He said that because they were able to provide the emergency access on Papermill, the connection to Westwood Drive was eliminated, removing the proffered improvements to Westwood Drive. He said the current proposal does two things: it - eliminates the connection to Westwood Drive and secondly, it provides -emergency access off of Papermill Road for public safety. Regarding the second issue concerning the impact to the Shenandoah Memorial Park cemetery, Mr. Wyatt said that they would provide a wrought iron -type fence along the property line with a 50' buffer and a 10' planting scheme. He noted that the first 25' of buffer from the memorial park towards the homes is solely the fence and trees and the remaining 25' is distance. Mr. Wyatt next talked about the South Frederick Land Use Plan road improvements, described in the County's Comprehensive Policy Plan, and the Winchester Area Transportation Study (WATS) and how their proposal fit in with the overall future road improvements planned for this area. Commissioner Morris asked Mr. Wyatt for his opinion on what was in store for Westwood Drive in the future, when the adjacent properties start to develop and other transportation links begin to come to fruition. Mr. Wyatt described the scenario he thought would take place and the reasons he believed connectivity should be encouraged for the overall well-being of the transportation system. Commissioner Light commented that the generalized development plan does not show a right -in turn access lane on Rt. 522. Mr. Wyatt said they have met with VDOT and are fairly confident a right -turn lane is needed and will be provided. However, because they cannot mandate manipulation of VDOT's road system, the terminology of the proffer needs to be such that the turn lane will not be built if, for some reason, VDOT decides they don't want the turn lane. Commissioner Fisher asked for the estimated time frame for build -out of the proposed 70 homes. Mr. Wyatt estimated a three -to -four-year window. Commissioner Rosenberry was opposed to increased residential development because of the timing and impacts to water availability, the transportation system, and schools. He also thought the impacts on Papermill Road were going to be the same, whether traffic comes out directly onto Papermill or if it exited on Rt. 522 and entered back onto Papermill. Commissioner Rosenberry requested that the applicant consider constructing additional access/turn lanes on Rt. 522 for merging vehicles and traffic entering the proposed development. Commissioner Rosenberry inquired as to who was the impetus behind the idea that there should Frederick County Planning Commission Minutes of November 6, 2002 Page 958 -7 - be no through road to Papermill; he inquired whether it was Greenway, the developer, or VDOT. Mr. Wyatt replied that the revised VDOT continent stated that VDOT concurs with the approach and the proffer; he said the designers and VDOT believe that having two access points is probably not a good idea. Mr. Wyatt also believed that left turns out of the development would not be problematic. Commissioner Rosenberry asked Mr. Wyatt if he was correct in stating that VDOT supports the "applicant's initiative" not to have a through road. Mr. Rosenberry was of the opinion that the issue of not using Papermill Road (Rt. 644) as an access was not a safety issue, but that the developer did not want to incur the extra cost for improvements to the road. Mr. Jerry Copp, VDOT's resident engineer, came forward to answer questions from the Commission. There were a number of questions for Mr. Copp from the Commissioners regarding the possibility of using Papermill Road (Rt. 644) as an access road. Commissioner Triplett then raised the question to Mr. Copp that, as far as safety was concerned, �II id Mr. Copp concur that the transportation design presented was one of the best for this particular property. MM . Copp replied that VDOT was very satisfied with the design and with the entrance on Rt. 522. Mr. Copp added that when a developer makes a connection to one of VDOT's roads, VDOT will tell the developer what they need to do, such as turn lanes, in order to meet the safety requirements. Chairman DeHaven called for public comments and the following persons came forward to speak: Ms. Ann Cross, a guidance counselor at James Wood Middle School and an area resident, came forward to address the issue of schools. Ms. Cross spoke about the overcrowding that is currently taking place at James Wood Middle School. She was concerned about how many middle school students would be generated by the proposed development. Ms. Barbara Midkiff, a resident along Westwood Drive, inquired what a "temporary" cul-de- sac was and why the applicant had proposed one next to Westwood Drive. Ms. Midkiff said she has been doing considerable research of County records, but has failed to determine when the adjoining Swisher property was zoned residential. She said the residents of Westwood Drive were still in opposition to the Casey rezoning because it would disturb their way of life. Ms. Brenda Dodd, a resident along Westwood Drive, spoke about the traffic congestion she experiences in this area. She was concerned about the additional traffic from the proposed subdivision, plus the impact of bus traffic from a proposed new middle school, mixing in with the existing traffic congestion. She did not believe it was a workable situation. Mr. Bob Van, an adjoining property owner, also was concerned about the possibility ofadding to the existing traffic congestion problems. He described the area along Rt. 522, in the vicinity of the proposed subdivision's entrance, Joe's Ocean Cove, and his driveway as being dangerous. Mr. Van said that everyone also has to contend with tractor -trailer traffic. Mr. Van believed an entrance/exit on Papermill Road (Rt. 644) was the way to go. Mr. Van also believed it was bad timing for this subdivision because it put extra burden on the taxpayers and the water supply. He believed the whole plan was not a good one. Mr. Michael Brooks, a resident along Westwood Drive, reminded the Commission about the petition that was submitted at the last meeting with over 260 signatures of persons who were in opposition to the proposed subdivision. Mr. Brooks said the traffic in this area was really getting bad. Frederick County Planning Commission Minutes of November 6, 2002 Page 959 -8 - Mr. John Wineberg, the Regional Director of Construction and Development for Shenandoah Memorial Park, asked for additional details on the buffer, including the fence, and landscaping, and how it was going to be maintained. Ms. Barbara Midkiff returned to the podium to ask who is responsible for the monetary difference between what the applicant will pay per lot and the amount designated by the capital facilities impact model. Mr. Wyatt returned to the podium to address the concerns of the citizens who spoke. Regarding the number of middle school-age children, Mr. Wyatt calculated .14 middle school students per dwelling; he projected the total number of middle school-age children at build out to be ten. Regarding the temporary cul-de-sac, Mr. Wyatt stated its purpose would be for VDOT's equipment and school buses to be able to turn -around. In addition, he said that if the Swisher property develops, the cul-de-sac would be extended through to Westwood Drive. Regarding the initial zoning of the property, Mr. Wyatt said that historic zoning maps for Frederick County show a portion of the Swisher property as being zoned R1; he noted that in 1983, the RIP Zoning classification_ replaced the R1, _R2, R3, and R6 Zones. He als_Qnoted that _according to the Frederick County Code, the official zoning map is maintained by the Planning Department. Regarding traffic, Mr. Wyatt believed that what they've provided is the appropriate transportation design, not only for the internal workings of the property, but for the regional transportation system as well. Regarding the water situation, Mr. Wyatt stated that continents from the Sanitation Authority indicates there is adequate source, treatment, capacity, and transmission. In conclusion, he stated that the proffers are consistent with the applications submitted up to July 1, 2002. Commissioner Morris said that both of his concerns, appeasing the residents along Westwood Drive and an emergency access point, have been addressed by the revisions. Commissioner Morris then moved for approval. This motion was seconded by Commissioner Thomas. Although the majority of Commissioners believed the outstanding issues had been satisfactorily addressed, some Commissioners still had issues with the timing of the proposal and its possible contribution to the overcrowding of schools, increased property taxes, drainage problems on Westwood Drive, water pressure problems, and concerns for available water capacity to serve the proposed development. Also mentioned was the existing traffic congestion problems at Routes 50, 522, and I-81; it was noted that VDOT's projected time table for correction of the problem was four -to -five years. In addition, it was mentioned that VDOT's design capacities on Rt. 522 have already been exceeded to the Year 2010. BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of Rezoning Application 407-02 of Doris F. Casey, submitted by Greenway Engineering, to rezone 30.31 acres from RA (Rural Areas) to RP (Residential Performance) District with proffers, by the following majority vote: YES (TO THE MOTION FOR APPROVAL): Triplett, Kriz, Ours, Thomas, Light, Morris, Unger, Watt, DeHaven NO: Rosenberry, Fisher, Gochenour, Straub Frederick County Planning Commission Minutes of November 6, 2002 Page 960 M DISCUSSION ITEMS DISCUSSION ON RUSSELL FARM SWSA/UDA EXPANSION REQUEST. THIS PROPERTY IS LOCATED EAST OF FRONT ROYAL PIKE (RT. 522 SO.) NEAR ITS INTERSECTION WITH PAPERMILL ROAD (RT. 644). Planning Director Eric R. Lawrence stated that the Planning Staff has received a request from Mr. Mark Smith of Greenway Engineering fthe Planning Commission to consider incorporating the entire Russell Farm within the Sewer and Water Se ice Area (SWSA) and a small portion of the farm into the Urban Development Area (UDA). Director Lawrence said that approximately 149 acres of the 277 -acre farm is presently within the SWSA; the request would include an addition of 128 acres to the SWSA. He said the request would also include the addition of less than six acres to the UDA. He said the School. Board has—been considering this property for a future middle school site and this is the catalyst behind the request. Planning Director Lawrence stated that the Comprehensive Plans and Programs Subcommittee (CPPS) reviewed this request, not in terms of whether it was appropriate for a middle school site, but whether or not it was appropriate to expand the SWSA at this location. He said the CPPS concluded that the request was appropriate. Director Lawrence further stated that the Russell Farm does not have direct access onto a state road and the applicant has proposed to take a collector road system along the southern edge of the adjacent MH1 property (Shenandoah Mobile Home Park) to provide access to the school site and the Russell properties overall. He said the owner of the mobile home park has indicated the road would displace 15 mobile home units, therefore, it is his intent to relocate the 15 units to an expanded portion of the mobile home park; the UDA expansion is being sought in an effort to accommodate an MH1 rezoning petition that would ultimately be filed with the County. Mr. Mark Smith of Greenway Engineering came forward to speak, representing the application as a part-owner of the Russell Farm and owner of the mobile home park. Mr. Smith pointed out on a map where the sewer and water line would probably have to be run. He also stated that he wanted to move the 15 mobile home units in order to create an 80' right-of-way and an 80' buffer along the road that screens the mobile home park. In response to a Commission member's question as to why the proposed school site was so far away from the access, Mr. Smith replied that it was because of the topography; he said that two ravines are in the area adjacent to the access. The Planning Commission concurred with the CPPS' concern that the potential use ofthe site for a middle school should not be part of the consideration as to whether or not to expand the SWSA boundary. The Commission did feel that the request to expand the SWSA to include the entire farm in the service area may be in good planning practice, and consistent with the Southern Frederick Land Use Plan. The Commission did caution that expansion of the SWSA may result in industrial rezoning applications and/or homes developed on RA zoned property with public water and sewer. The potential use of the property, whether for residential or non-residential use, would increase the water demands on the county's services. Frederick County Planning Commission Minutes of November 6, 2002 Page 961 -10 - The Commission recognized the necessity to implement the planned road network identified by various county documents. Therefore, the Commission was supportive in concept to the proposal to relocate existing mobile homes that would be impacted by the planned collector road. The UDA could be expanded to accommodate the relocation of the displaced mobile home units. The Commission did suggest that if the driving force behind the SWSA expansion was to accommodate a school site on public water and sewer, it might be appropriate for the County to grant privileges only to enable the school site rights to the public water and sewer. Granting the rights to the school site may not necessitate a SWSA expansion. Chairman DeHaven called for public comnnent, however, no one came forward to speak. Chairman DeHaven announced that this request would go to the Board of Supervisors for discussion at their November 13, 2002 meeting. OTHER REOUEST FOR INFORMATION Commissioner Thomas stated that, frequently,when the Commission reviews applications for residential development, there is discussion on the impact to schools. Commissioner Thomas said he was not necessarily convinced that the number of homes built had a direct relationship to an increase in the number of students attending school. He asked if it would be possible for the staff to research, for example, the last 20 years, to arrive at statistics that would link population growth to the number of building permits issued for residential housing to the number of students in schools. He said that a growth line for the number of residential housing permits, the County population, and the population of students in school would be helpful. Director Lawrence said the School Board may already have that information available and he would look into it. Commissioner Thomas said that homes constructed in rural areas on five -acre lots do not pay any dollar amounts as proffers; he said that 50% of the County's development takes place in these areas. Commissioner Light believed it would be good to have a representative of the School Board attend Planning Commission meetings when rezoning requests were discussed. He believed the detailed information that was needed should come from the School Board. Frederick County Planning Commission Minutes of November 6, 2002 Page 962 ADJOURNMENT unanimous vote. -11 - No further business remained to be discussed and the meeting adjourned at 9:15 p.m. by a Respectfully submitted, Eric R. Lawrence, Secretary Charles S. Deflaven _Jr.,_Chairman Frederick County Planning Commission Minutes of Novembcr 6, 2002 Page 963 CONDITIONAL USE PERMIT #15-02 Cynthia Lou Foglia Staff Report for Planning Commission Discussion Prepared: November 21, 2002 Staff Contact: Rebecca Ragsdale This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 12/04/02 Pending Board of Supervisors: 01/08/03 Pending LOCATION: This property is located at 211 Bryarly Road. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 42-A-134 PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) District; Land Use: Residential ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land Use: Residential and Agricultural PROPOSED USE: "Pet Watchers" Animal Training Kennel REVIEW EVALUATIONS: Virginia Dept. of Transportation: The application for a conditional use permit for this property appears to have little measurable impact on Route 789, the VDOT facility which would provide access to the property. Existing entrance is adequate for proposed use. However, should use ever expand in the future, the entrance may have to be upgraded to VDOT minimum standards. Inspections Department: No comment required provided structures are not used. CUP # 15-02, Cynthia L. Foglia ("Pet Watchers") Page 2 November 21, 2002 Fire Marshal: Portable fire extinguishers and smoke detectors. No significant impact with proposed usage of Fire Service. Plan approval is recommended. Health Department: Talk to Dwight Sours, DEQ (540)-8928-2595, about kennel waste. DEQ requires a permit if more than so many units. [*Note from applicant: There are no units.] Sketch attached does not show drainfield location. Th Health Dept. has no objections if clients are dropping off dogs and leaving. If clien s are staying around, drainfield may need to be expanded. Planning and Zoning: Dog kennels are a permitted use in the RA (Rural Areas) Zoning District with an approved conditional- use permit -,(CUP). A --kennel is defined by -the -Zoning ---- Ordinance as a place prepared to house, board, breed, handle or otherwise keep or care for dogs for sale or in return for compensation. The applicant is proposing a kennel from her home located on 0.6 acres in the County. The applicant is proposing to offer both dog training and pet watching services. The applicant is proposing to conduct daytime dog training classes with a maximum class size of seven dogs with their owners and week-long overnight training sessions with one dog at a time. The applicant is also proposing pet -watching services that would involve boarding one additional dog. There would be no more than two client dogs (total) boarded at one time. The applicant currently owns six dogs that live on the property. The applicant has indicated that no dogs would be left outdoors overnight and that dog training provided will focus on house manners. There would be no employees associated with this business. There were no disapproving agency review comments. There are adjoining residences located less than 100 feet from the proposed kennel. Staff feels that the proposed use could potentially affect adjoining properties based on the proximity to adjoining residences. STAFF CONCLUSIONS FOR THE 12-04-02 PLANNING COMMISSION MEETING: Should the Planning Commission determine that this request is appropriate, staff would suggest the following conditions: All review agency comments shall be complied with at all times. 2. No more than (2) two client dogs shall be boarded at this facility at any given time. 3. No more than (15) fifteen dogs, including those owned by the applicant, shall be allowed on the property at any given time. CUP # 15-02, Cynthia L. Foglia ("Pet Watchers") Page 3 November 21, 2002 4. All dogs kept at the kennel must be controlled so as not to be a nuisance to any adjoining property by barking or roaming free. All dogs must be placed inside a completely enclosed building by 9:00 p.m. 5. All requirements of the Frederick County Code and the Code of Virginia pertaining to dog kennels shall be complied with at all times. 6. Any proposed business sign shall conform to Cottage Occupatio sign requirements and should not exceed four (4) square feet in size. 7. Any expansion or modification shall require approval of a new Conditional Use Permit. 0:4Agendas\COMMS-NTS\CUP's\2002%Cynthia Lou Foglia.wpd 42 A 132A HARTMAN RA 42 A 132 PEARCE 42 A 134 RA FOGLIA RA 42 A 136 WHITACRE RA 42 3 5 MCDANIEL RA 42 3 6 CROSEN RA 42 3 7 LINABURG RA 42 A 239 MILLER RA xeui' f N Nf fttEOERtCN i MVENNER TR j CUP #15-02 Location Map: Cynthia Lou Foglia PIN: 42-A-134 N WH S 0 50 100 Fee( Nov. 6, 2002 1. Appii NAME: ADDRESS: TELEPHONE Submittal Deadline P/C Meeting BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA (The applicant if the V owner ('ht %?lq � Q other) 2. Please list all owners, occupants, or parties in interest of the property: , n 3. The property is located at: (please give exact directions and include the route number of your road or street) e�/l ) kll'�'4 led/ 1vm 4. The property has a road frontage of li feet and a depth of��`, .� feet and consists of acres. (Please be exact) � �r 5. The property is owned b 0 �/' f� Ta /✓ Gi as evidenced by deed fro r' /\ recorded 4 . ( revious owner) in deed book no. Cron page , � as recorded in the records of the Clerk of the Circuit Cour County of Frederick. �,�►4� Ile �^,����►� 6. 14 -Digit Property Identif kation N ! r " d a % T Magisterial District Current Zoning 7. Adjoining Property: SE ZONING North Aa ^ la qS e KA East -- South /` rRA Wests' f r9c`'A '03 71, 8. The type of use proposed is (consult with the Planning Dept. before completing) 9. It is proposed that the following buildings will be constructed: �7 i 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across sL-reet from) the property where the requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail o is- application: 11Wh(Ir A I NAME PROPERTY ID# 4 - T I " 2"_ NAME PROPERTY ID# ^ NAME -12 1A fA Gi. i PROPERTY ID# -� -� ; / _- NAME PROPERTY S NAME PROPERTY 17 NAME PROPERTY NAME PROPERTY ID# NAME PROPERTY ID# IJ - ADDRESS 17��� ADDRESS ADDRESS ��! /moi ,l/AG ADDRESS r�6)0 �`lG� 1 Y ADDRESS ADDRESS 0 co ADDRESS �l���CX�j 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. ,j /�/ /y ! , C 4�RU r�o�' k str'ee t' blov'se ,Z& 12. Additional comments, if any: /(,Z f I (we), the undersigned, do hereby respectfully make applications 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. e Signature of Applicant Signature of Owner C v Owners' Mailing Address Owners' Telephone No. TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: • J • CONDITIONAL USE PERMIT APPLICATION #16-02 SHARED TOWERS, INC./WHITE TAIL LANE TOWER (Revision of CUP #22-01) Staff Report for the Planning Commission Fleeting Prepared: November 15, 2002 Staff contact: Eric R. Lawrence, Director This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Coininission: 12/04/02 Pending Board of Supervisors: 01/08/03 Pending LOCA�:ION:- This property is located on White Tail Lane offof%forth Frederick Pike (Route522). — MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 19-A-27 PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) District; Land Use: Residential ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land Use: Residential and Agricultural PROPOSED USE: 195 -foot -high lattice -type commercial telecommunications facility. Planning and Zoning: This application is a request to revise a condition previously placed on Conditional Use Permit #22-01. The condition stated that: "5. In the event a telecommunications tower is not erected within twelve (12) months of the approval of this Conditional Use Permit, then the CUP will be deemd invalid." Conditional Use Permit #22-01 was approved by the Board of Supervisors on January 23, 2002. Therefore, Condition #5 requires that the tower be erected by January 23, 2003. The applicant does not believe that the tower will be erected by the anniversary date of the CUP approval, and has requested that this condition be revised to allow for an additional 12 months. CUP #12-02 - Shared Towers, Inc./White Tail Lane Tower Page 2 November 13, 2002 Background In late 2001, the applicant ("Shared Towers, Inc.") submitted four (4) Conditional Use Permit applications for telecommunication towers to be constructed along the Route 522 North corridor. Shortly after Shared Towers, Inc. submitted the CUP applications, another applicant (SBA Properties/Triton PCS) submitted three (3) CUP requests for competing sites along the corridor. Both applicants provided documentation illustrating that the existing telecommunication network along the Route 522 North corridor was inadequate, and that additional towers were warranted. The Board of Supervisors ultimately granted the CUP tower requests to Shared Towers, Inc. following extensive discussions with both Shared Towers, Inc. and SBA Properties/Triton PCS. A condition was -lazed -on-the-approvedi ed—Shared—To-vers-,- c- request& -M- ing-thattth�e—towers were t e construe etc - within a 12 -month period. It was believed that if the tower was not constructed, this condition would enable the County to reevaluate the applicant's proposal, as well as the applications submitted by SBA Properties/Triton PCS. At the request of SBA Properties/Triton PCS, Board action on their three (3) Conditional Use Permit applications had been deferred. These three applications were withdrawn by the applicant on October 29, 2002. Site Plan One condition placed on the approved Conditional Use Permit (CUP #22-01) was that a site plan be submitted and approved by the County. This site plan illustrates the tower's location on the property, setbacks, screening, and access. The site plan associated with CUP #22-01 for the White Tail Lane Tower was approved on May 14, 2002. Approval of the site plan enabled the construction of a 195 -foot lattice telecommunications tower. STAFF CONCLUSIONS FOR THE 12-04-02 PLANNING COMMISSION MEETING: Staff believes that this application for a Commercial Telecommunication Facility has adequately addressed the requirements of the Zoning Ordinance in that need for this facility, based on a lack of coverage and capacity in this part of the County, has been demonstrated. Should the Planning Commission choose to recommend approval of this application, essentially granting the applicant an extension of 12 months to construct the tower, the following conditions of approval would be appropriate: 1. All Zoning Ordinance requirements and review agency comments shall be addressed and complied with at all times. 2. The tower shall be available for co -locating personal wireless services providers. CUP # 12-02 - Shared Towers, Inc./White Tail Lane Tower Page 3 November 13, 2002 3. A nninor site plan shall be approved by the County. 4. The tower shall be removed by the applicant or property owner within twelve (12) months of abandonment of operation. 5. In the event a telecommunications tower' is not erected within twelve (12) months of the approval of this Conditional Use Permi , then the CUP will be deemed invalid. 0:\P.gendas\COMMENTS\CUP's\2002\White Tail Ln time ext.wpd � 5 5 WINCHESTER -FREDERICK COUNTY CONSERVATION CLUB. INC 19 A 49 - ✓•,98� �ry.F F' .GOQ �Q. .:..::..:.... Ty�O.mQ �20 Zm ra.� n ,f9 A X, - 19 e 2 SHANE 19 A 27 19 2 1 CHILD$ Cis 9 MCDONALO 19®29 ® EATON I9®51 CUP# 16 - 02 WINCHES ER -FR D COUNTY H CONS ERVAT"N CLU CLUB, INC 19 A 27 ® Location Map: White Tail Ln - WINCHESTER -FREDERICK COUNTY Tower CONSERVATION CLUB, WC 19 A 52E ® w PIN: 522 19-A-27 -fff- NAL WIN CHESERVATMCLUKCOUNTY A 27A CONSERVATKNICLUB, INC N W ;' H 29A]TB0 419 300 600 FeetRHODES 4— A 21 (pl Nov 20, 2002 CUP #16-02 - WHITE TAIL LANE TOWER Submittal Deadline Z11-6112, P/C Meeting 12-04-02 BOS Meeting 01-08-03 -- -- -- — APPL--I£AT14DN-FOR-C- ONDMONAL-USE, PERMIT------- FREDERICK ERMITFREDERICK COUNTY, VIRGINIA 1. Applicant (The applicant if the ❑ owner X other) NAME: Greenway Engaineering ADDRESS: 1S1 Windy Hill Lane Winchester, VA 22602 TELEPHONE 540-662-4185 2. Please list all owners, occupants, or parties in interest of the property: Winchester -Frederick County Conservation Club, Inc. 3. The property is located at: (please give exact directions and include the route number of our road or street) White Tail Lane off of North Frederick Pike 4. The property has a road frontage of 1300.4 feet and a depth of 3750 feet and consists of 138.19 acres. (Please be exact) 5. The property is owned by Winchester -Frederick County Conservation Club Inc as evidenced by deed from Betty S. Lockwood (previous owner) recorded as Instrument Number 020011507, as recorded in the records of the clerk of the Circuit Court, County of Frederick. 6. 14 -Digit Property Identification No. 19-A-27 Magisterial District Gainesboro Current Zoning RA 7. Adjoining Property: USE ZONING North Agriculture, Single Family RA East Agriculture RA South Agriculture RA West Agriculture RA 8. The type of use proposed is (consult with the Planning Dr. before completing) Unmanned Commercial telecommunications facilities 9. It is proposed that the following buildings will be constructed: 195' tall lattice tower structure rnsiR 100' -x100' leased area for ground equipmentlshelters to be placed on concrete pads. All equipment and lattice will be secured b a fence. 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in from of (across the street) the property where the requested use will be conducted. (Continue on next page if necessary.) These people will be notified by mail of this application: NAME Kenneth Allen Childs,Jr ADDRESS 32668 Mount Weather PROPERTY ID# 19-3-1 Rd Bluemont, VA 20135 NAME Samuel F. Shane ADDRESS 100 Sunset Drive PROPERTY ID# 19-3-2 Winchester VA 22602 NAME Robert Sproal, Jr ADDRESS 4804 Melwood Rd PROPERTY ID# 19-A-26 Upper Marlboro, MD 20772 NAME David & Tina Marie ADDRESS 1029 Allen Drive PROPERTY ID# Mohn Winchester, VA 22601 19-3-4 NAME Shelby J. Go_chenour ADDRESS 6917 Haycock Road PROPERTY ID# 19-3-6,8 Falls Church, VA 22043 NAME Weldon H. Smith & ADDRESS 197 Moose Road PROPERTY ID# Tracy Rosenberger Berryville, VA 22611 19-3-9 NAME Winchester -Frederick PROPERTY ID# County Conservation Club 19-A-49, 52E NAME Elwood W. Eaton PROPERTY ID# 19-A-51 NAME Kenneth & Nelda PROPERTY ID# Gentry 19-A-37 NAME Nancy Rhodes PROPERTY ID.! 19-A-24 NAME Kim & Jacqueline Nail PROPERTY ID# 19 -A -27A NAME Winchester -Frederick PROPERTY ID# County Conservation ADDRESS Club c/o George 19-A-50 ADDRESS 1118 Martinsburg Pike Winchester, VA 22603 ADDRESS 4736.N. Frederick Pike Winchester, VA 22603 ADDRESS 2007 Collinsville Road Cross Junction, VA 22625 ADDRESS 252 White Tail Lane Winchester, VA 22603 ADDRESS 307 White Tail Lane Winchester, VA 22603 ADDRESS 1435 Greystone Terrace Winchester VA 22601 12. Additional comments, if any: -,__ SII If (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Signature of Applicant ,C. U Signature of Owner President of Winchester-7redericK County Conservdt C1ub,Inc. Owner's Mailing Address 1118 Martinsburg Pike Winchester, Virginia 22603 Owner's Telephone No. 540-888-7913, 540-667-3082 (Dave Fahnestock) TO BE COMPLETED BY THE ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: EG K;, 151 Windy I fill Lane a., r„'...y!` Winchcster, Virginia 22601 November 8, 2002 Frederick County Department of Planning and Development 107 North Kent Street Winchester, VA 22601 Attn: Eri� R. Lawrence, Planning Director Re: Shared Towers Revised CUP —North Gainesboro (White "fail Lane) Tower Dear Mr. Lawrence: As you know, Shared Towers, Inc. has submitted a new conditional use permit application to request an extension of time for the construction of a 195 -foot lattice telecommunication tower on parcel 19-A-27 owned by the Winchester -Frederick County Conservation Club, Inc. The condition for construction of this tower expires on January 23, 2003; therefore, it is requested that the revised conditional use permit application is included as an agenda item during the December 4, 2002 Planning Commission meeting and the January 8, 2003 Board of Supervisors meeting. Thank you for your assistance regarding this matter Sincerely, Greenway Engineering Evan A. Iyatt, AICP Cc: Kamal Doshi RECEIVED NOV 0 9 2002 FREDERICK COUNTY PLANNING & DEVELOPMENT I:nginzers sunkyors le1cphone i4(1-662-41.85 I AX '40-722-9528 File #3295/EAW ����w. reemvayeng.<om Shared Towers. Inc. 6501 Sandy Knoll Court McLean, VA 22101 Thursdav, October 10, 2002 Mr. Eric P. Lawrence Director. Planning and Development County of Frederick 107 North Kent Street Winchester. VA 22601 Dear Mr. Lawrence: CUP # 22-01 for the White Tail Lane Telecommunications FacilitN We are in need for an extension in the time allowed to complete construction of the telecommunication facility. Until now_ I have made diligent efforts to attract the users of facility to make a commitment to the facility. In each case, the response I am getting is that due to slowdown in telecommunications industry (as a result of financial market conditions all are limiting their expenditures to improving existing services and cutting back on new coverage areas) -tom are u bte�a comma o sp iine m it en tTiey wou urst�l-treir systems on the proposed towers. They are also saying that ultimately they will cover Route 522 in Frederick County. it is a matter of finding resources. We have in the meantime, taken all the steps necessary (site plan approval. specifications ready.. bids obtained. etc) to build promptly upon positive response from users. We continue to spend money in good faith to bring telecommunications facilities to this section of the county. I have obtained the building, permit, issued construction contract and purchase order for the tower steel for the tower nearest to Winchester (Hunting Ridge). That tower should be constructed soon. Since, the county requires empty towers to be taken down.. and for economic reasons, it is not prudent to build towers and have them sit empty. At the same time, all indications are that these towers are needed and wireless companies will install their services on them. Hence.. I request processing of an application to extend the time granted by this CIP for a period of twelve months. Sincerelv. Kamal Doshi President OCT -11-2002 08:47 AM Shared T^wers 7036282654 1 253 427 3800 P-02 10/11/2002 X9:16 5409843085 SHENANDOAH PCS PAW 81/81 A.- WSHENTEL iNNAIMOAH Ti�l,l:Col4lfiigUNFCnons Mr. Kamal Doshi Stared Towers, LLC 6301 Sandy Knoll Court McLain, VA 22101 Re: Shared Towers Sitm - Route 522 Frederick County, Virginia Dear Kamal: PD, BmK 464 • Edribuq VNInla 22s244a0 a C=90"141 October 9, 2002 Sbenandoah Personal Communications Company (Shentel) coubinues to be intermetod its possibly leasing space on the fs.cilities you aro developing along State Route 522 ljox'',h from Wirtche>rtet, tbroagh Frederlek County, toward Berkeley Springs, West Virginia. ,Ax previously stated, this interest is conditioned on the formal approval of Sheratel's Board for finds to expand into this area, and the aft=turoe being emoted at aheight Suf£ciemt to allow 5hental to cae®ts its covers09 objectives. We are unable at this time to predict oux exact timetable fax the developmeet of Ws area, but we would encourage you to obtain mi4cipal approval to Wend the permits for the coastruction of these sites for as long a time period as povdblc, at the least jjntil tuna 20014. bo not hesitate to contact me if you have any questiotw. Sincerely yours, Leonard L. Greiaz LLG/tab Prodect Manager ee: Mr. William L. Pirtle Mr. Neuf Fadely 9HE.NANDOA14 TELEp4oNe COMPANY CHENTEL SERVICE COMPANY • SHENANDOAH CABLE TELFVIgION CpMppNy $M( NANCCu1hl LDNG DISTANCE COMPANY • Swi@NANdA4Fi'✓AILPY lEIwdVG COMPANY I BHENANDOAM MOBILE COINPANY BHENANDOAN NUM49 COMPANY • SNFNnL CCMMUNICATIONI COM" WE MUST 9ERV6 WILL TO PROSPER 4 WE MUST PROOPirIR To URVE WELL OMN IP OI NT COM.r\IUN ICATI O N S CAP OPERATIONS, LLC 'le iF.g 9 -Mob-A November 6, 2002 Kamal Doshi, President Shared Towers, Inc. 6501 Sandy Knoll Ct McLean, VA 22101 Via Fax 1-253-423-3800 RE: Proposed Shared Towers Structures/ Tower Interest Acknowledgement Site Address: White Tail Lane, North Frederick Pike, Winchester; VA Latitude: 39-17-57 N Longitude: 78-16-18 W Structure Type: _.- - Tower - Structure Height.- 195' Site Address: 301 N. Frederick Pike, Cross Junction, VA Latitude: 39-19-102N Longitude: 78-17-37.7W Structure Type: Tower Structure Height: 260' Site Address: 8926 N. Frederick Pike, Cross Junction, VA Latitude: 39-22-28.5N Longitude: 78-17-39.7W Structure Type: Tower Structure Height: 195' To Whom It May Concern: Omnipoint Communications CAP Operations, L.L.C., a subsidiary of T -Mobile U.S.A., Inc, f.k.a. VoiceStream Wireless Corp. has performed a preliminary review of the sites listed above and find that while we are not prepared to locate facilities at the locations listed above immediately, these sites would likely meet future network objectives and integrate with other projected facilities If you should have any questions, please feel free to contact me at 240-264-8609. Regards, Bonnie Staves Site Acquisition Supervisor Baltimore/Washington DC Omnipoint Communications CAP Operations, LLC Bonnie. Staves2@voicestream.com 240-264-8609 fax 240-264-8610 REZONING APPLICATION x#18-02 KERNSTOWN UNITED METHODIST CHURCH Staff Report for the Planning Commission Meeting Prepared: November 19, 2002 Staff contact: Abbe S. Kennedy, Senior Planner This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. i RPVIPWd-d Planning Commission: 12/04/02 Board of Supervisors: 01/08/03 Action Pending -----Pending- PROPOSAL: — Pending - PROPOSAL: To rezone 1.621 acres from M2 (Industrial General) to B2 (Business General). LOCATiiON: This property is located at 3239 Valley Pike. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBERS: 63-A-96, 63 -A -107A PROPERTY ZONING & PRESENT USE: Zoned: M2 (Industrial General) Present Use: Church ADJOINING PROPERTY ZONING & PRESENT USE: North: Zoned B2 (Business General) District South: Zoned M2 ( Industrial General) District East: Zoned M2 ( Industrial General) District Use: Commercial (Insurance Office) Use: Industrial (Truck Terminal) Use: Industrial (Truck Terminal) West: Zoned RP (Residential Performance) District Use: Residential PROPOSED USE: Church REZ #08-02, Kernstown United Methodist Church Page 2 November 21, 2002 REVIEW EVALUATIONS: Virginia Dept. of Transportation: No Comment. Fire Marshal: The proposed rezoning of this parcel does not affect Fire and Rescue responses or impact the services already in place. County Engineer: We have no comments. _Sanitation. Author>i : ND-Com_umeDt. _ .-- Health Department: The Health Department has no objection to the request. Planning & Zoning: 1) Site History The original Frederick County zoning map (USGS Winchester Quadrangle) shows the subje, parcels in the M2 (Industrial General) District. The church, which was founded on this site in 1836, has operated from this location for more than 165 years. The sanctuary was rebuilt in 1978. No rezonings have occurred on the site. Parcel 63-A-96 is currently zoned M2 (Industrial General) and the existing church is a legally nonconforming use. Parcel 63 -A -107A is also zoned M2. 2) Location The property is located on the east side of Valley Pike (Route 11) approximately 1,000' south of Shawnee Drive (Rt. 652). 3) Comprehensive Policy Plan The proposed B2 rezoning is located within the Urban Development Area (UDA). The request for the church to down -zone from M2 to B2 is consistent with the goals of the Frederick County Comprehensive Policy plan. The intent of the B2 request is to legitimize this longstanding use as an integral part of the Route 11 business corridor in the Kernstown community. Churches are not permitted in the M2 Zoning District but are permitted in the B2 Zoning District. 4) Site Suitability The site is characterized by the church building, parking areas, landscaping and lawn. There are no steep slopes or wetlands on the site. The site remains suitable for this use. 5) Intended Use Continued use as a church. REZ #08-02, Kernstown United Methodist Church Page 3 November 21, 2002 6.) Potential Impacts This is a down -zoning request to make the church site legally conforming, as churches are permitted in the B2 district. There is no change to the impact on county services associated with this rezoning request. There are no review agency comments objecting to this request. STAFF CONCLUSIONS FOR 12/04/02 PLANNING COMMISSION MEETIN The proposed rezoning is a request to down -zone from M2 (Industrial General) District to the B2 (Business General) District in order to alleviate the legally nonconforming status of the. existing church use. A church is not permitted under any circumstance in the M2 District but is permitted by right in the B2 District. As a legal nonconformity, the church is subject to limitations regarding its expansion on the site. The proposed rezoning of the property would allow the church to operate without restriction concerning possible future modifications or expansions which would be permitted by the requirements of the B2 District. The subject property is located within the Urban Development Area, and the request conforms with the Comprehensive Policy Plan. O Agendas\COMMENTS\REZONING\Staff Report\2002\Kemstown UMC.wpd 63 A 33 STINE I � 63 A 34 I CARTER 63 A 31 63 A 35 STINE Rp 63 A 32 63 A 36 STINE RP 63 A 33 STINE I � 63 A 34 I CARTER R� 63 A 35 ROY �a l J 63 A 36 i I MINOR RP REZ##12-02 ----Location Map: Kernstown United Methodist Church PIN: 63 - A - 96; 107 / N We 1 S ll 0 60 120 Feet Nov. W 2002 RP -Zoning I � � I I i I i REZ##12-02 ----Location Map: Kernstown United Methodist Church PIN: 63 - A - 96; 107 / N We 1 S ll 0 60 120 Feet Nov. W 2002 RP -Zoning REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA The following information shall be provided by the applicant: i 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:; n � � n t� zile t X f � �� /Telephone: 7 — 7,z `I €' Address: .5 a 3 lc Z t f ["C , 1, 116 1 11_S - t C4 % C'. :7- 2. Property Owner (if differ nt than above) Name: Address: 3. Contact person if other than above Telephone: Name: /J-1 b, �%��C%<, _S Telephone :(c�� (� - / / � F"i -12Z - 4S,2---5 4. Checklist: Check the following items that have been included with this application. Location map Plat Deed to property t/ Verification of taxes paid ; ilA 11 Agency Comments Fees Impact Analysis Statement A/A Proffer Statement 4A RFCEIVED F PLAN 'fin? S. 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: <-, -Cc 6. A) Current Use of the Property: CS B) Proposed Use of the Property: 0 -C'- 4- 7. Adjoining Property: PARCEL IB NUMBER ��— A — t7 -ra-3; '3 S - A - %S �i''� 3 -- A -7 USE :EhISs < UC VP OTC ✓ClesI Ck ,,,C e ZONING •- - OCA f1/ 2- 8. 8. Location: The property is located at (give exact location based on nearest road and distance from nearest/intersection, using road names and route/number/s'): c/ f �� ��c s 5 r c✓� r il�� f i/�" �' 12 Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density or intensity scenario for the proposed Zoning District as described on Page 9 of the application package. 9. Parcel Identification/]Location: Parcel Identification Number & 3 — A - `i - Magisterial: _ Fire Service: Rescue Service: SHAWNEE Districts High School: Middle School: Elementary School: 10. Zoning Change: List the acreage included in each new zoning category being requested. j.&-?"(, 1K Acres Current Zoning Requested _Zoning 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 homes:Townhome: Multi -Family: Non -Residential Lots: C1' Mobile Home: Hotel Rooms: Square Footage of Pro sed 11ses Office: Retail: Restaurant: 13 Service Station: Manufacturing: Warehouse: Other: ' 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 a. -ay 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. � 15 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. �j� Applicant(s): /,�s cin dA,k) /' i�u ZI 6/,4v Date: Ac ;-' 1 Owner(s): -� 14�.� . L.C4 i k��J'1 S•��cl� 0'- b l/ zcd,-- _ 14 Date: Date: lq-u 9. dv� Date: lac - 22 - AJO Z 2 f Z� ,;2,;z 1 ;)`& 7421 4 — s2. S33'37'00"W 23.76' N56'41'26"W 23.18' STEFHENS��ITy VIRGINIA Revived:2-15AXPicnic Shelter Added) _ U S. ROUTE V ALLE 1 1 Y P lKE ; — _ 1---- - — — — E 337.04 , S22'37'00" yy ,7 � 92.23' o ^ N46 34'21"E 44.00' 25.37' t v- � � M 1.621 ACRES o O O i No 10.10' ISI. Z a ^� i 68.16' Cx N Existing Church Building . N 23.74' i 86.14' S33.37'00" W °rki 9°sed 9' 23.76' Ek As <or oo — o p - Mz, r° 82.. A o ti� a N56'41'26"W A PAT SHOWING 23.18' 1 o p" o� / OF A PROPOSED PARKING LOT °11;,. Sed �� KERNSTOWN UNITED 78.. S32•S>� so.00 e/few 3.6T � METHODIST E 6CHURCH BACK CREEK DISTRICT 7s8, FREDERICK COUNTY, VIRGINIA ` SCALE: 1"=50' FEBRUARY 2, 199Q RITCHIE SURVEYS STEPHENS CITY, VIRGINIA Revised:2-16-9 (Picnic Shelter Added) J • • COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 MEMv iclilvTD UNI To: Frederick County Planning Commission From: Abbe S. Kennedy, Senior Planner4� Subject: No Through Truck Traffic Policy C� Date: November 18, 2002 Staff has received several requests to prohibit through truck traffic on various roads within the county. The Transportation Committee met on November 5, 2002, to consider the following through truck restrictions in response to citizen concerns regarding the opening of Warrior Drive, and concerns of Stonewall District citizens regarding truck traffic en route to Stonewall Industrial Park and en route to Route 7 East. 1.) Warrior Drive (Route 719) between Fairfax Pike (Route 277) and Tasker Road (Route 642). 2.) Rest Church Road (Route 669) from the Flying J Travel Plaza to Welltown Road (Route 66 1) en route to the Stonewall Industrial Park, ending at McGhee Road. 3.) Old Charles Town Road (Route 76 1) from Martinsburg Pike (Route 11) to Jordan Springs Road (Route 664) to Woods Mill Road (Route 660) to Route 7, and from Jordan Springs Road (Route 664Lfrom Woods Mill Road (Route 660)to Burnt Factory (Route 654) to Route 7. Several steps have to occur before a road is posted for "No Through Truck Traffic." The first step involves the adoption of a resolution by the Board of Supervisors through a public hearing process requesting the implementation of these actions. Following the adopt Lon of the resolutions, the VDOT Resident Engineer will program a detailed study of the road segments o determine if qualifying criteria warrants prohibiting through trucks. The findings of this study are then presented to the Commonwealth Transportation Board who approve or deny the request. The Transportation Committee strongly recommended approval of the policy and directed staff to address these concerns during presentations to the Planning Commission and Board of Supervisors. Attached are maps depicting the proposed road segments identified for through truck restrictions. Staff asks that the Planning Commission forward their recommendation to the Board of Supervisors. Please find attached the Guidelines for Considering Request for Restricting Through Trucks on Secondary Highways adopted by the Commonwealth Transportation Board. 107 North Kent Street • Winchester, Virginia 22601-5000 Frederick County Planning Commission No Through Truck Traffic Discussion Page 2 November 21, 2002 Iters #1 Consideration to Restrict Through Trucks on Warrior Drive (Route 719) from Fairfax Pike (Route 277) to Tasker Road (Route 642) A request has been made to prohibit through truck traffic on Warrior Drive (Route 719) between Fairfax Pike (Route 277) and Tasker Road (Route 642). Please find attached a map identifying existing truck traffic and the proposed alternative route. In order to prohibit through trucks on secondary roads, a reasonable alternative route must be available. Staff has reviewed this request and analyzed alternative routes in response to citizen concerns, and is hoping to have through truck restrictions in place for this segment of Warrior Drive. Alternate routes exist for truck traffic via the north -south corridors of Interstate 81 and Route 522, which do provide access to the commercial and industrial uses on both Tasker Road and Fairfax Pike. In addition, Fairfax Pike provides east -west access between these two primary highways. Through the identified alternate route, this segment of Warrior Drive between Fairfax Pike and Tasker Road can be predominately used for local traffic. Through trucks on Tasker Road is presently prohibited. U TOMM ITrEES\TRANSPORTATION\Projects\No Thm Tmcks\Discussion MEMO 12-4-02PCmpd ... ��t N 11 Items 3 522 i 11 642 y Ske� , v � f�01� -_ 719 522 Aj i s e \•'+a '\ Map Features Interstate 81 �V Primary Highways �r �V Secondary Roads r Requested No Thru Trucks - Proposed Alternate Route 0 1 Miles Requested Through Truck Restriction on Warrior Drive (Rt. 71.9) DRAFT And Proposed /Alternate Route Frederick County Planning Commission No Through Truck Traffic Discussion Page 3 November 21, 2002 Item #2 Consideration to Restrict Through Trucks on Rest Church Road (Route 669) to Welltown Road (Route 661) to McGhee Road at Stonewall Industrial Park A request has been made to prohibit through truck traffic traveling from the Flying J Travel Plaza to the Stonewall Industrial Park via Rest Church Road (Route 669) and Welltown Road (Route 661), to McGhee Road at Stonewall Industrial Park. This request was submitted by the Stonewall District Supervisor in response to citizen concerns. Please find attached a map showing the identified routes. In order to prohibit through truck traffic on secondary roads, a reasonable alternative route must be available. A viable alternative route between Flying J and Stonewall Industrial Park exists on Interstate 81, and is the most direct route. The request to prohibit through truck traffic on Rest Church Road may be appropriate, due to its functional classification as a local road. VDOT defines a local road as one that collects traffic from driveways and individual land uses and provide access to maj or and minor collector roads. U\COMMITTEF.S\TRANSPORTATIOMProjects\No Thm Tmcks\Discussion MEMO 12-4-02PC.wpd N I -toe M-- g21 -!- S 1 - 1 _ 669 A 72; 6 67 2 -�, � 661,--- - 665 i 673 ° l P . 761 Ifap�afures Interstate 81 r Primary Highways 661; 662 Secondary Roads Requested No Thru Trucks 3 - _ 661 Proposed Alternate Route 1 0 Miles - Request to Restrict Through: Trucks on Rest church Road (Rt. 669)1 and Welltown Road (Rt. 661) to McGhee Read at Stonewall Industrial Park And Proposed Alternative Route DRAFT Frederick County Planning Commission No Through Truck Traffic Discussion Page 4 November 21, 2002 r Item #3 Consideration of a Request to Restrict Through Trucks traveling from Route I1 to Charles Town Road (Route 761) to Jordan Springs Road (Route 664) to Woods Mill Road (Route 660) to reach Route 7, and from Jordan Springs Road (Route 664) from Woods Mill Road (Route 660) to Burnt Factory (Route 654) to Route 7. A request has been made to prohibit through truck traffic on Old Charles Town Road (Route 761), Jordan Springs Road (Route 664) and Woods Mill Road (Route 660). Segments of the referenced secondary roads are used by trucks to travel between Route 11 and Route 7. This request was submitted by the Stonewall District Supervisor in response to citizen concerns. During the November Transportation Committee meeting, VDOT expressed concern of trucks using Burnt Factory Road (Route 654) to Route 7 if prohibited on Woods Mill Road. Burnt Factory Road at the intersection of Route 7 would be a hazardous outlet, as there is no cut -through on Route 7 at this location to continue eastward. The committee voted to include the request to restrict through trucks on Burnt Factory Road from the intersection of Woods Mill and Jordan Springs Road to Route 7. Please find attached a map showing the identified routes and the proposed alternate route. In order to prohibit through trucks on secondary roads, a reasonable alternative route must be available. A suitable alternative is available via Interstate 81, which is capable of moving truck traffic between --Route 1 -1 --and Route 7—No-othersuitable-alternate-route has-been identified-scuth-of-OM-Charles-Tovii--- -- --- Road in Frederick County to reach Route 7, as the other connecting roads are classified as local roads. U:\COMn4ITl'EES\TRANSPORTATION\Projects\No Thm Tmcks\Discussion MEMO 12-4-02PC.wpd 74 Item #h ji Map _Features - Primary Highways s:. - /V Secondary Roads Requested No Thru Trucks Proposed Alternate Route - - 1 Miles Request to Restrict Through Trucks on Old Charles Town Road (Rt. 761) to Jordan Springs Road(Rt 664) to Woods Mill Road (Rt. 660) or Burnt Factory Road (659) ®RAFT And (Proposed Alternate Route GUIDELINES FOR CONSIDERING REQUEST RESTRICTING THROUGH TRUCKS ON SECONDARY HIGHWAY'S Adopted by Commonwealth Transportation Board September 15, 1988 GUIDELINES FOR CONSIDERING REQUEST FOR RESTRICTING THROUGH TRUCKS ON SECONDARY HIGHWAYS Section 46.2-809 of the Code of Virginia provides: "The Commonwealth Transportation Board in response to a formal request by a local governing body, after said body has held public hearings, may, after due notice and a proper hearing, prohibit or restrict the use by through traffic of any part of a secondary highway if a reasonable alternate route is provided. Such restriction may apply to any truck or truck and trailer or semi -trailer combination, except a pickup or panel truck, as may be necessary to promote the health, safety and welfare of the citizens of the Commonwealth. Nothing herein shall affect the validity of any city charter provision or city ordinance heretofore adopted." To conform to requirements of the Code, the local governing body must hold a public hearing and make a formal request of the Department. To insure that all concerned have an opportunity to provide input concerning the proposed restriction and alternate route, the following must be adhered to: (A) The public notices for the hearing must include a description of the proposed through truck restriction and the alternate route with the same termini. A copy of the notices must be provided. (B) A public hearing must be held by the local governing body and a transcript of the hearing must be provided with the resolution. (C) The resolution must describe the proposed through truck restriction and a description of the alternate, including termini. Page 1 (D) The governing body must include in the resolution that it will use its good offices for enforcement of the proposed restriction by the appropriate local law enforcement agency. Failure to comply with (A), (B), (C) and (D) will result in the request being returned. It is the philosophy of the Commonwealth Transportation Board that all vehicles should have access to the roads on which they are legally entitled to travel. Travel by any class of vehicle should be restricted only upon demonstration that it will promote the health, safety and welfare of the citizens of the Commonwealth. Following that philosophy, the Virginia Department of Transportation staff and the Commonwealth Transportation Board will consider the following criteria in reviewing a requested through truck restriction. (1) Reasonable alternate routing is provided. To be considered "reasonable", the alternate route(s) must be engineered to a standard sufficient for truck travel. The effect on the alternate routing will be evaluated for traffic and safety related impacts. If an alternate contains a Secondary route that must be upgraded, funds must be provided from the county-secondary-constructionfunds. The -termini of the proposed - - restriction must be identical to the alternate routing and effectively equivalent to allow a time and distance comparison to be conducted between the two routings. Also, the alternate routing must not create an undue hardship for trucks in reaching their destination. (2) The road requested for restriction is functionally classified as local or collector. Page 2 (3) The character and/or frequency of the truck traffic on the route proposed for restriction is not compatible with the affected area. Evaluation will include safety and other traffic engineering related issues, and will take into account the volumes of truck traffic in relation to the remaining traffic as indicated by the following table: Total Traffic Volume Ranges Total Truck Volume Ranges restriction indicate that it is not suitable for truck traffic. (5) Within 150' of the existing or proposed roadway center line there must be at least 12 dwellings per 1000 feet of roadway. Failure to satisfy at least three (3) of the five (5) criteria will normally result in the rejection of the requested restriction. The Commonwealth Transportation Board, from time to time as appropriate and when deemed necessary, may modify and/or revise any provisions or criteria contained in these guidelines. Page 3 4000+ 200 2000- 4000 100- 200 1000- 2000 50- 100 400- 1000 20- 50 250- 400 13- 20 50- 250 3 - 13 (4) The engineering of the roadway and/or the accident history of the route proposed for restriction indicate that it is not suitable for truck traffic. (5) Within 150' of the existing or proposed roadway center line there must be at least 12 dwellings per 1000 feet of roadway. Failure to satisfy at least three (3) of the five (5) criteria will normally result in the rejection of the requested restriction. The Commonwealth Transportation Board, from time to time as appropriate and when deemed necessary, may modify and/or revise any provisions or criteria contained in these guidelines. Page 3 COMMONWEALTH of VIRCjINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY 14031 OLD VALLEY PIKE EDINBURG. VA 22824 RAY D PETHTEL INTERIM COMMISSIONER Mr. John Riley Frederick County Administrator 107 North Kent Street Winchester, VA 22601 Dear John: April 17, 2002 JERRY A. COPP RESIDENT ENGINEER TEL (540) 984-5600 FAX (540) 984-5607 Ref: Warrior Road Through Truck Restriction At the public hearing, which Ed Strawsnyder conducted, several questions came up about having a through truck restriction on Warrior Road between Rt. 277 and Rt. 642 (Tasker Road) when Warrior Road is completed. I was questioned about this at the public hearing and told them that this restriction should come after the road is constructed. After the meeting, I visited this issue with our Traffic Engineering section in Richmond, and I found that we can proceed with the request for the through truck restriction on Warrior Road at this time should the County desire to do so. I am attaching the policy on Restricting Through Trucks on Secondary Highways. Should Frederick County desire to proceed, it would be necessary for you to go through a public hearing and pass a resolution. If the County decides to go forward, please provide both the with the public hearing documentation to me, and the Virginia Transportation will begin the process of making the formal study. JAC/ch Attachment cc: Mr. Robert Sager Sincerely, . opp Re • ent Engineer WE KEEP VIRGINIA MOVING resolution along Department of