PC 05-15-02 Meeting AgendaAGENDA
FREDERICK COUNTY PLANNING COMMISSION
The Board Room
Frederick County Administration Building
Winchester, Virginia
MAY 15, 2002
7:00 P.M. CALL TO ORDER TAB
1) April 3, 2002 Minutes................................................(A)
2) Committee Reports .............................................. (no tab)
3) Citizen Comments ............................................... (no tab)
PRESENTA'T'ION
4) Presentation Regarding Water Supply Issues by "Save the Water."
PUBLIC HEARING
5) Request of Roy and Loretta McDonald to remove two parcels totaling 37.95 acres from
the South Frederick Agricultural and Forestal District. These parcels are identified as
Property Identification Number 84 -A -49B located along Vaucluse Road (Route 638), and
Property Identification Number 72-A-85 located along Middle Road (Route 628), in the Back
Creek Magisterial District.
(Ms. Kennedy).....................................................(B)
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6) Request of Marker -Miller Orchards L.P., to remove one parcel totaling 234.33 acres
from the South Frederick Agricultural and Forestal District. This parcel is identified as
Property Identification Number 62-A-29 in the Back Creek Magisterial District.
(Ms. Kennedy) .....................................................(C)
PUBLIC MEETING
7) Master Development Plan 903-02 for the Hartwood Subdivision, submitted by Greenway
Engineering for the development of 19 single-family detached cluster lots on an 8.264 -acre
parcel. This property is located at 746 Double Church Road and is identified with Property
Identification Number 86 -A -21B in the Opequon Magisterial District.
(Ms. Kennedy) ......................................................(D)
8) Other
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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 April 3, 2002.
PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; Roger L. Thomas, Vice Chairman/
Opequon District, Charles E. Triplett, Gainesboro District; George J. Kriz, Gainesboro District; Greg L.
Unger, Back Creek District; Cordell Watt, Back Creek District; Robert A. Morris, Shawnee District; William
C. Rosenberry, Shawnee District, Pat Gochenour, Red Bud District; Marie F. Straub, Red Bud District;
Richard C. Ours, Opequon District; John H. Light, Stonewall District; Gene E. Fisher, Citizen at Large; Sidney
A. Reyes, Board Liaison; Jay Cook, Legal Counsel and Vincent DiBenedetto, Winchester City Liaison.
STAFF PRESENT: Evan A. Wyatt, Planning Director; Eric R. Lawrence, Deputy Planning Director; Patrick
Davenport, Zoning and Subdivision Administrator; Rebecca A. Ragsdale, Planner I; and Renee' S. Arlotta,
Clerk.
CALL TO ORDER
Chairman DeHaven called the meeting to order at 7:00 p.m.
MEETING MINUTES_- FEBRUARY 6 2002 AND FEBRUARY 20 2002
Upon motion made by Commissioner Kriz and seconded by Commissioner Ours, the minutes
of February 6, 2002 were unanimously approved as presented.
Upon motion made by Commissioner Kriz and seconded by Commissioner Unger, the minutes
of February 20, 2002 were unanimously approved as presented.
COMMITTEE REPORTS
Development Review & Regulations Subcommittee (DRRS) - 03/28/02
Planning Director Evan A. Wyatt reported that the DRRS discussed nonconforming use
amendments and the immediate family member definition which pertains to family division lots in rural area
Frederick County Planning Commission
Minutes of April 3, 2002 Page 834
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zoning districts.
Historic Resources Advisory Board (HRAB) - 03/19/02 Mtg.
Commissioner Morris reported that the HRAB discussed and reviewed additional information
provided by Dr. Beck of Shenandoah University regarding the Rutherford's Farm rezoning for a business and
industrial park. Commissioner Morris said that after reviewing the additional information, the HRAB decided
that they would not change the original recommendation they had made for approval.
Winchester Planning Commission (WPC)
Mr. Vincent DiBenedetto said that he is encouraging members of the City Planning
Commission to attend the Frederick County Planning Commission meetings to observe. Mr. DiBenedetto
introduced one of the members of the City Planning Cominission, Mr. Phil Weber.
PUBLIC HEARINGS
Conditional Use Permit #06-02 of Floyd L. Lee for a restaurant, trading as, "Our Little Diner." This
property is located at 3131 Front Royal Pike and is identified with P.I.N. 87-A-66 in the Shawnee
Magisterial District.
Action - Recommended Approval with Conditions
Planner Rebecca A. Ragsdale reported that the applicant is proposing to establish a small diner
in an existing one-story structure of approximately 800-900 square -feet in size. Planner Ragsdale said that
the structure has been used as a restaurant in the past and has a seating capacity of 23, which the applicant
does not intend to expand. She explained that the property is a 1.46 -acre nonconforming lot of record on which
the restaurant structure does not meet current RA setback requirements. She reported that a brick residence
and a mobile home are also located on the property, both of which the applicant plans to continue to rent.
Planner Ragsdale pointed out that there are no designated parking spaces on the site at this time, however, the
,staff has recommended a condition requiring a site plan to address the parking issue. She reported no
disapproving agency comments and noted that the staff believed that reestablishing a restaurant at this location
would not be inappropriate, if the parking issue could be resolved. Planner Ragsdale read a list of
recommended conditions, should the Commission find the use to be appropriate.
Commissioner Thomas inquired if the Health Department evaluated the existing water well
and septic system on a site visit or if they reviewed it as simply re-establishing a pevious nonconfornning use.
Frederick County Planning Commission
Minutes of April 3, 2002 Page 835
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Mr. Floyd L. Lee, the applicant, stated that they would comply with all the conditions of the
permit. Mr. Lee said the nine parking spaces are now being drawn up for approval; the Fire Marshal has
required a hood with a suppression system, which is on order. Mr. Lee said that both he and his wife will be
operating the restaurant and lie described their considerable previous restaurant experience. Mr. Lee said the
Health Department came out to the site to evaluate the water well and septic system and have said that
everything was okay; he was required to send in two water samples.
Chairman DeHaven called for public comments and the following person came forward to
speak:
Ms. Kay Ritter, adjoining property owner, stated that her mother operated this restaurant for
almost 52 years; she said that her mother was killed in a car accident in front of the restaurant in November
of 2000. Ms. Ritter said that she and her brother would like to see the business continue, in her mother's
memory, and she believed that Mr. and Mrs. Lee would be able to operate the restaurant in the same tradition
as her mother.
No other issues or concerns were raised by the Commission. They believed the use at this
location was appropriate with the conditions recotmnended by the staff.
Upon motion made by Commissioner Morris and seconded by Commissioner Ours,
BE IT RESOLVED, That the Frederick County Plam7ing Conunission does hereby unanimously recommend
approval of Conditional Use Permit #06-02 of Floyd L. Lee for a restaurant, trading as, "Our Little Diner,"
at 3131 Front Royal Pike with the following conditions:
Hours of operation shall be limited to between 5:00 a.m. and 9:00 p.m.
2. Only one business sign shall be permitted and limited to fifty (50) square -feet in size, and fifteen (15)
feet in height.
3. No additional dwellings shall be permitted on the property.
4. All review agency continents shall be complied with at all times.
5. An engineered site plan shall be approved by the County. All improvements shall be installed prior to
operation of the restaurant. These improvements shall include a minimum of nine (9) parking spaces
which shall be located to ensure vehicles do not back onto Front Royal Pike or adjoining properties.
6. Any expansion or change of use will require a new Conditional Use Permit (CUP).
Frederick County Planning Commission
Minutes of April 3, 2002
Page 836
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Conditional Use Permit 907-02 of Charles G. Lloyd for a Cottage Occupation for custom furniture and
repair. This property is located at 240 Gough Road and is identified with P.I.N. 60 -A -40B in the Back
Creek Magisterial District.
Action - Recommended Approval with Conditions
Plamler Rebecca A. Ragsdale stated that the applicant is proposing a custom-built furniture
and furniture repair business utilizing an existing accessory structure as a workshop. She reported that the
custom furniture would be handmade; there would be little equipment or chemicals involved in the production
or repair of the furniture; there will be no employees; and the applicant does not intend to have customers to
the property. Planner Ragsdale advised there were no disapproving agency review comments. She read a list
of recommended conditions, should the Continission determine the use to be appropriate.
The Commission had some discussion concerning what would constitute a change of use or
expansion of use that would require the applicant to apply for a new conditional use permit. Commissioner
Unger said he visited the site and did not see a problem with people dropping off or picking up furniture. Staff
noted that the intent is to limit a retail sales establishment; staff explained that the permit would not prohibit
someone from dropping off or picking up furniture, but it would prohibit someone going there to shop.
Mr. Charles G. Lloyd, the applicant, was present to answer questions from the Commission.
There were no public continents.
No other issues of concern were raised by the Commission. Members of the Commission
believed the use was appropriate at this location with the conditions recommended by the staff with a
modification to Condition 43 to include the phrase, "...outside of the definition of a cottage occupation..."
Upon motion made by Commissioner Unger and seconded by Commissioner Kriz,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend
approval of Conditional Use Permit #07-02 of Charles G. Lloyd for a Cottage Occupation for custom furniture
and repair at 240 Gough Road with the following conditions:
All review agency comments shall be complied with at all times.
2. On-site retail sales shall be prohibited. One business sign no larger than four (4) square feet in size
shall be permitted.
.3. Any change of use or expansion of this use outside the definition of a cottage occupation will require
a new Conditional Use Permit.
Frederick County Planning Commission
Minutes of April 3, 2002 Page 837
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Conditional Use Permit 908-02 of Kim A. Nail for an expansion of Conditional Use Permit #001-92, Nail's
Archery Shop, to include an outdoor archery range. This property is located at 307 Whitetail Lane and
is identified with P.I.N. 19 -A -27A in the Gainesboro Magisterial District.
Action - Reconmlended Approval with Conditions
Planner Rebecca A. Ragsdale reported that this application is to modify a previously -approved
conditional use permit for retail archery sales (CUP 4001-92) to include an outdoor archery range. She
explained that the applicant currently operates an approved retail shop selling archery equipment which is
located in an accessory building adjacent to the applicant's residence. Planner Ragsdale explained that the
proposed archery course would be located on wooded portions of the 20 -acre parcel and the applicant has
designed the course with safety in mind. She said that no new structure would be built in association with the
archery course; she said the applicant proposes to have the course open one day a week, usually Sundays.
Planner Ragsdale stated there were no disapproving review agency comments, however, the
fire marshal would like to have a 14.5 -foot vertical clearance maintained over the width of the roadway for
emergency vehicles and VDOT has required a modified commercial entrance onto Whitetail Lane off of Rt.
522.
Planner Ragsdale said that staff believes the proposed use would not adversely affect adjoining
properties and she read a list of recommended conditions, should the Commission find the use to be
appropriate.
Mr. Kim A. Nail, the applicant, explained that this will be a safe, fun sport for the whole
family; it consists of life-size foam targets set up on cleared paths.
Commissioner Thomas inquired about VDOT's requirement for a commercial entrance at
Whitetail Lane and Rt. 522. Planning Director Evan A. Wyatt commented that Mr. Nail's property has no
road frontage on Rt. 522 and research of the subdivision indicates there is a 60' right-of-way (Whitetail Lane)
which starts at an intersection point with Rt. 522 and runs through these properties to serve the individual
residential lots within Mr. Nail's subdivision. Director Wyatt said that staff consulted with the County
Attorney's Office and VDOT; he learned that VDOT's intention was not to have Mr. Nail put in a commercial
entrance off Whitetail Lane into his property, but to upgrade the existing intersection point with Whitetail Lane
and Rt. 522. Director Wyatt was concerned because this was not a dedicated right-of-way to any county or
state agency and, before Mr. Nail could improve that intersection point, he would need concurrence from each
and every lot owner who owns property off of this 60' right-of-way. Director Wyatt advised that VDOT
understood the constraints; however, they still wanted to go on record that this intersection point is potentially
a substandard issue and they want to insure the safety of the traveling public.
Commissioners consulted with their legal counsel concerning any possible liability issue, if
improvements were not made on Rt. 522 at Whitetail Lane and an accident occurred. Mr. Jay Cook, legal
counsel, believed no liability issue would result; he said the Commission has considered VDOT's comment and
will make a determination as to what the Conmussion believes is reasonable in this particular circumstance.
Chairman DeHaven called for public conunents, however, no one was present to speak.
Frederick County Planning Commission
Minutes of April 3, 2002 Page 838
a Me
Commission members questioned whether it was equitable to ask only one of the property
owners to upgrade the entrance, particularly when only 30-40 vehicle trips per week were anticipated. They
questioned the equitability of requiring Mr. Nail to make an off-site improvement; they also noted that Mr. Nail
is currently operating a retail shop.
Upon motion made by Commissioner Triplett and seconded by Commissioner Fisher,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend
approval of Conditional Use Permit #08-02 of Kim A. Nail for an expansion of an existing conditional use
permit for Nail's Archery Shop to include an outdoor archery range at 307 Whitetail Lane with the following
conditions:
The Fire Marshal's comment shall be complied with at all times.
2. No parking shall be allowed on Whitetail Lane.
The off -premises business sign must be maintained in accordance with the requirements of the
Frederick County Zoning Ordinance and the Virginia Department of Transportation.
4. Any expansion or change of use will require a new Conditional Use Permit (CUP).
Request to expand the Sewer and Water Service Area (SWSA) to incorporate a 57.87 -acre site owned
by Kathryn M. Perry and identified with P.I.N. 65-A-116, zoned B2 (Business General) District. This
property is located on Millwood Pike (Rt. 50E), north of the Westview Business Center, in the Shawnee
Magisterial District. A small portion of the property is currently in the SWSA.
Action - Recommended Approval
Deputy Planning Director Eric R. Lawrence stated that the Planning Commission and the
Board of Supervisors have both reviewed this request in a discussion about a month ago and following the
Board's discussion, the staff was directed to schedule the Sewer and Water Service Area (SWSA) request for
a public hearing. Recapping the request, Deputy Director Lawrence stated that Mr. Charles W. Maddox, Jr.
of G. W. Clifford & Associates, Inc. is representing the request for expansion of the SWSA to incorporate a
57.87 -acre parcel, a small portion (approx. four acres) of which is currently within the SWSA. He commented
that the site, which is zoned B2 (Business General) is included in the Rt. 50 East Corridor Land Use Plan,
,which identifies this site for coimnercial use. Deputy Director Lawrence added that the Comprehensive Plans
and Programs Subcommittee (CPPS) considered this request during their meeting on February 11, 2002 and,
based on the site's present B2 District zoning and its proximity to other commercial and industrial uses,
believed it would be appropriate to include the site in the County's SWSA.
Commissioner Thomas noted that proposed Rt. 37 would go down the eastern side of this
property. Deputy Director "Lawrence agreed, stating that Rt. 37 Alternative C would traverse down he eastern
side of the property and is actually partially located within this property.
Frederick County Planning Commission
Minutes of April 3, 2002 Page 839
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Cormnissioner Rosenberry conunented that when this item was discussed by the Board of
Supervisors, the intended use was for a school. Deputy Director Lawrence replied that the initial request was
for a school site, however, it was his understanding that the school is no longer interested in this site. Deputy
Director Lawrence said that based on the reviews, the zoning and location of the property, the applicant still
believes the property is appropriate to be included within the SWSA.
Commissioner Rosenberry stated that the Rt. 50 East Corridor Plan includes this property
within the SWSA, however, the property is not within the Urban Development Area (UDA). Deputy Director
Lawrence replied that the UDA is intended for high-intensity residential uses, not commercial.
Mr. Charles W. Maddox, Jr. of G. W. Clifford & Associates, Inc., stated that he previously
represented this application for Katherine Perry back in 1991; a number of subcormnittee and public hearings
were held; and an environmental impact statement was included. Mr. Maddox detailed for the Commission
how the sewage from the site would be conveyed, which was included as Item #2, Sewage Conveyance and
Treatment Impacts, of the Environmental Impact Statement, and he also detailed the conveyance of the water,
which was included as Item #3, Water Supply Impacts, of the Environmental Impact Statement.
Chairman DeHaven called for public continents, but no one was present to speak.
Commission members believed that the alternative to the SWSA expansion was for the owners
to drill water wells and install a package plant to support by -right 132 industry; they believed this was not an
acceptable alternative. Other Conunissioners believed any decision on this property should be postponed until
a determination was made on the Rt. 37 extension and until the County's situation with regard to water and
sewer availability was further considered. Although Commission members had concerns about Rt. 37 partially
intersecting this property, they did not believe it was appropriate to postpone a decision, since this parcel was
already zoned B2.
Upon motion made by Commissioner Light and seconded by Commissioner Morris,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of
the request to expand the Sewer and Water Service Area by incorporating a 57.87 -acre site, zoned B2, owned
by Kathryn M. Perry, and identified by P.I.N. 65-A-116, in the Shawnee Magisterial District.
This recommendation of approval was made by the following majority vote:
YES (TO APPROVE THE REOUEST): Triplett, Fisher, Kriz, Ours, Thomas, Light, Morris, Watt, Unger
NO: Rosenberry, DeHaven, Gochenour, Straub
Waiver request of Glen W. Russell, submitted by Mr. Edwin Yost, for an exception to the Frederick
County Subdivision Ordinance, Chapter 144-17G(1), regarding cul-de-sac length requirements. The
property is identified with P.I.N. 43-A-16 in the Stonewall Magisterial District.
Frederick County Planning Commission
Minutes of April 3, 2002 Page 840
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Action - Approved
Zoning and Subdivision Achninistrator, Patrick T. Davenport, stated that staff had received
a request from Edwin B. Yost of Kuykendall, Johnston, McKee and Butler, P.L.C., on behalf of Mr. Glen W.
Russell, the contract purchaser of approximately 81.07 acres zoned RA, who is proposing a rural preservation
subdivision containing 16 cluster lots and a 40 -acre remaining rural preservation lot on a cul-de-sac of 2,400
feet. Administrator Davenport advised that the proposed subdivision layout is possible only with a waiver to
the minimum cul-de-sac length requirement, which is 1,000 feet. He added that the applicant's representative
has indicated that the irregular shape of the parcel does not allow for the practical development of a loop road,
nor is a continuation of the proposed road possible due to the existing development of the adjoining property.
One of the Commission members inquired as to how the 1,000 -foot maximum cul-de-sac
length requirement was established. Commissioner Thomas replied that the maximum length limit on cul-de-
sacs was a conscious decision established because the frequent use of cul-de-sacs result in an inefficient,
inoperable transportation system; he added that cul-de-sacs also create safety concerns because the lots served
are limited to one access and it creates difficulty in the maintenance of snow removal and school bus travel.
Director Wyatt added that when the Subdivision Design Standards were originally drafted in 1991, more
emphasis was placed on the designs within an RP -type environment. Director Wyatt said that many of the
standards of the Subdivision Ordinance itself are RP standards; for example, regarding the 1,000 -foot limit on
the cul-de-sac length, the other half of that standard is, "the street shall serve no more than 25 lots." He
explained that normally, when you plat out a 15,000 -square -foot lot, which is traditionally the largest lot
available in the RP District, the math on 80 -foot frontages, with ten lots on each side of the road, is 800 feet
up the cul-de-sac and then from that point around the cul-de-sac generally adds up to the 25 lots, which is
where the 1,000 -foot determination came into play. Director Wyatt believed the strict application of this
standard is not necessarily conducive to an RA residential subdivision design; however, since the standard was
established, the Commission, from time to time over the years, has had these requests come before them. He
further added that in this particular case, the shape of the parcel just doesn't lend itself to anything else.
Commissioner Morris commented that sometimes the lots in rural areas are so narrow, they
cannot be accommodated in any other way but by the use of a cul-de-sac. He said that being too restrictive
results in houses being clustered to the front with many access points on the main road. Commissioner Morris
said that he much preferred one cul-de-sac entrance onto the main road rather than multiple entrances. He
commented that the rural areas present some uniqueness as compared to RP.
Mr. David Furstenau, surveyor of the property, stated that with 200 -foot -wide lots, a 1,000 -
foot cul-de-sac will only serve five lots; therefore, it makes the cost of the road prohibitive to the cost of the
development. Mr. Furstenau said that they have met with Mr. Steve Melnikoff of VDOT and he determined
there was only one point of access on Glendobbin Road for this proposed development.
Chairman DeHaven called for public comments, but no one was present to speak.
Chairman DeHaven raised the issue of the ordinance requiring state road frontage for
subdivisions over three lots and permitting the preservation lot with a by -right residential use to be left with
a private access. He questioned the scenario of an individual purchasing the parcel with the understanding they
have a by -right use to build and then they discover the state road frontage requirement; he believed this was
a fault in the ordinance. Chairman DeHaven was also concerned about the proximity of the proposed
Frederick County Planning Commission
Minutes of April 3, 2002 Page 841
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residential lots to the Lenoir City industrial development; he said that Mr. Gilpin has also expressed concerns
about the buffering requirements. Chairman DeHaven said that Mr. Gilpin does not believe it is equitable to
require him, at this point in time since his industrial park is already established, to install buffering. Chairman
DeHaven believed there should be a restrictive statement on the plats and deeds indicating the proximity of the
M2 -zoned land.
Upon motion made by Conunissioner Light and seconded by Commissioner Morris,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby grant the waiver request
ofGlen W. Russell, submitted by Edwin Yost, for an exception to the Frederick County Subdivision Ordinance,
Chapter 144-17G(l), to exceed the 1,000 -foot cul-de-sac length requirement. The proposed rural preservation
subdivision, containing 16 cluster lots and a 40 -acre remaining rural preservation parcel, will be served by a
2,400 -foot cul-de-sac. A statement «rill be included on the plats and deeds alerting potential future purchasers
of the state road requirements for the preservation parcel and also, the proximity of the lots to M2 -zoned land.
The vote on this decision Avas as follows:
YES (TO APPROVE THE WAIVER): Straub, Watt, Unger, Morris, Light, Triplett, DeHaven
NO: Thomas, Ours, Kriz, Fisher, Rosenberry
ABSTAIN: Gochenour
OTHER
LETTER IN SUPPORT OF ROUTE 37
Commissioner Light stated that in view of the current situation with Rt. 37 and the
Commission's previous history of endorsing Rt. 37 through the Primary Road Improvement Plan, he has
composed a letter to the Virginia Department of Transportation 'indicating the Planning Commission's support
ofthe Rt. 37 project. Conunissioner Light asked if the subject of whether this could bean on -record resolution
or a voluntary endorsement by individual commissioners could be open to discussion.
Chairman DeHaven did not believe formal action on this item by the Commission was
appropriate. He advised that the Commission's role was to provide the Board of Supervisors with advice on
items they have requested advice on. Chairman DeHaven believed it was everyone's responsibility, as caring
citizens of the comnumity, to be involved and share views with the individuals that will make decisions about
,these issues.
It was pointed out by some members of the Commission that the Commission's discussion and
action on the Primary Road Plan, which included Rt. 37, is officially recorded in the minutes of March 6, 2002
and they believed no other action was necessary. After some further discussion by members of the
Commission, it was decided that those Commissioners who were interested in signing the letter could do so after
the meeting, however, there would be no formal action of the Conunission as a whole.
Frederick County Planning Commission
Minutes of April 3, 2002 Page 842
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STAR SOLUTIONS LETTER
Chairman DeHaven presented copies of a letter he received from Mr. Rick Volk of Koch
Performance Roads, Inc. regarding the Star Solutions' proposal for the expansion of 1-81. It was indicated in
the letter that members of their team would be interested in giving a brief presentation to the Commission.
The Commission requested that the staff contact representatives of the group and arrange for
them to give a presentation to the Connnission as soon as reasonably possible.
ADJOURNMENT
No further business remained to be discussed and the meeting adjourned by a unanimous vote.
Respectfully submitted,
Evan A. Wyatt, Secretary
Charles S. DeHaven, Jr., Chairman
Frederick County Planning Commission
Minutes of April 3, 2002 Page 843
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TO:
FROM
RE:
DATE:
COUNTY of FR-EDERICX
Department of Planning and Development
540/665-5651
FAX: 540/665-6395
MEMORAND.. UM
Frederick County Planning Commission
Abbe S. Kennedy, Senior Planner
Request to Remove Parcels 84 -A -49B and 72-A-85, owned by Roy and Loretta
McDonald from the South Frederick Agricultural and Forestal District.
May 6, 2002
Please find attached a letter from Roy and Loretta McDonald to Evan Wyatt dated March 1, 2002.
The McDonalds have requested the removal of two parcels from the South Frederick Agricultural
and Forestal District. The South Frederick Agricultural and Forestal District was established in 1980
and has been renewed four times. The most recent renewal of this district occurred in March 2000
for a period of five years. Currently, 11,873.61 acres are contained in this district which is comprised
of 176 parcels.
Mr. and Mrs. McDonald desire to remove two parcels totaling 37.95 acres from the South Frederick
Agricultural and Forestal District. The McDonalds have identified a need to pursue other options for
this acreage due to the financial constraints that local orchardists have experienced over the past
several years. Section 15.2-4314 of the Code of Virginia, 1950, as amended, provides property
owners with the ability to request removal of land from an agricultural and forestal district through
a public process via the local governing body.
The Agricultural District Advisory Committee (ADAC) considered this request during their meeting
of April 23, 2002. The ADAC recognizes the hardships within the industry and the ADAC
unanimously recommended that the two parcels be removed from the South Frederick Agricultural
and Forestal District.
Staff will present mapping during the commission meeting which delineates the location of this
acreage and its proximity to other land within the South Frederick Agricultural and Forestal District.
ASK/ch
U:WbbeWg & Forestal Disti2000-2005 Agricultural & Forestal District\Additions & WithdrawalsUMoy & Loretta Mc -Removal Of andFromSouthFrederickAgDistrict•PCMemo.wpd
107 North Kent Street • Winchester, Virginia 22601-5000
March 1, 2002
Roy and Loretta McDonald
364 Carson Lane
Stephens City, Va. 22655
Department of Planning and Zoning
Dear Sir:
We are requesting that two parcels of property to be excluded from the
Agricultural District.
Property I. D. # 84 —A- 49-B 25.70 Acres
Property I. D. # 72 -- A —85 12.25 Acres
If there are any questions or concerns please call.
Thank you.
Sincerely
R and Loretta McDonald
RECEIVED
P1, rl� pt A1ii�oi(u :nF;IFl inpui :_ \I'i
0
C1
r
C
TO:
FROM:
RE:
DATE:
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/665-6395
MEMORANDUM
Frederick County Planning Commission
Abbe Kennedy, Senior Planner'
Request to remove Parcel 62-A-29, owned by Marker -Miller Orchards, L.P. from the
South Frederick Agricultural and Forestal District.
May 6, 2002
Please find attached a letter from Mr. John Marker to Mr. Evan Wyatt dated March 20, 2002. Marker -
Miller Orchards, L.P., has requested the removal of one parcel from the South Frederick Agricultural and
Forestal District. The South Frederick Agricultural and Forestal District was established in 1980 and has
been renewed four times. The most recent renewal of this district occurred in March 2000 for a period
of five years. Currently, 11,873.61 acres are contained in this district which is comprised of 176 parcels.
Marker -Miller Orchards desires to remove one parcel totaling 234.33 acres from the South Frederick
Agricultural and Forestal District. The Markers have identified a need to pursue other options for this
acreage and they will continue to focus their future on fruit growing for retail and local wholesale markets.
Section 15.2-4314 of the Code of Virginia, 1950, as amended, provides property owners with the ability
to request removal of land from an agricultural and forestal district through a public process via the local
governing body.
The Agricultural District Advisory Committee (ADAC) considered this request during their meeting of
April 23, 2002. The ADAC recognizes the hardships in the current agriculture economy, and the ADAC
unanimously recommended that the parcel be removed from the South Frederick Agricultural and Forestal
District.
Staff will present mapping during the commission meeting which delineates the location of this acreage
and its proximity to other land within the South Frederick Agricultural and Forestal District.
ASK/ch
U:WbbeLAg & Forestal Dist\2000-2005 Agricultural & Forestal DistrictWdditions & WithdrawalsWuker-Miller Orchards, LP -Removal of land from So.FrederickAgDistrict-PCMemo.wpd
107 North Kent Street • Winchester, Virginia 22601-5000
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P/C REVIEW: 05/15/02
BOS REVIEW: 06/12/02
MASTER DEVELOPMENT PLAN #03-02
HARTWOOD SUBDIVISION
LOCATION: This property is located at 746 Double Church Road.
MAGISTERIAL DISTRICT: Opequon
PROPERTY ID NUMBERS: 86-A-2113
PROPERTY ZONING & PRESENT USE: Zoned RP (Residential Performance); Land use:
Residential
ADJOINING PROPERTY ZONING & PRESENT USE:
Property Zoning Land Use
North - Zoned: RP (Residential Performance) District Residential
South - Zoned: RP (Residential Performance) District Residential
RA (Rural Areas) District Residential
East - Zoned: RA (Rural Areas) District Residential
West - Zoned: RP (Residential Performance) District Residential
PROPOSED USE: 19 Single -Family Detached Cluster lots
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: The application for subdivision ofthis property appears
to have a significant measurable impact on Double Church Road (Route 641), the VDOT
facility which would provide access to the property. This section of street is currently in the
State's Secondary Road system. However, all entrance design and drainage features must
meet State requirements if the street is to be eligible for acceptance. A complete set of
construction plans will be required for review.
Sanitation Authority: Approved.
MDP #03-02, Hartwood Subdivision
Page 2
May 6, 2002
Inspections Dept.: No comment required at this time. Shall comment on lots at the time of
subdivision review.
Fire Marshal: Fire lane markings on the curb at all fire hydrants.
Parks & Recreation: According to the plan dated 03/01/02 and the amended information
included in the attached letter dated 04/21/02, this subdivision appears to meet open space
and recreational unit requirements.
Counly Engineer: See attached letter dated 04/17/02 from Joe C. Wilder, Civil Engineer.
Frederick County Public Schools: See attached letter dated 04/02/02 from Al Orndorff,
Administrative Assistant to the Superintendent
Planning and Zoning:
1. Location
The 8.26 -acre site is located in the Opequon Magisterial District. The parcel of land
is adjacent to Double Church Road (Route 641), about 1/2 mile south of Fairfax Pike
(Route 277). The subject tract is adjacent to Woodside Estates, Section 2 (zoned
RP). Residential uses (zoned RA) are located immediately east of the site, across
Double Church Road.
2. Project History
The property was zoned RA (Rural Areas), until the approval of Rezoning
Application #005-98. Rezoning Application #005-98 of Linwood and Elizabeth
Ritter, a request to rezone 8.26 acres from RA (Rural Areas) to RP (Residential
Performance) District, was approved by the Frederick County Board of Supervisors
on April 22, 1998.
A number of proffers were approved as part of the rezoning application which are
included on the submitted plans. The proffered density was not to exceed more than
20 single-family detached dwellings. There are to be no apartments, duplexes,
townhouses or other multi -family dwellings constructed on the property. The
accepted proffer of $3,934.21 per lot would assist in addressing impacts on public
schools, parks and recreation, and the Stephens City Fire and Rescue Company.
MDP #03-02, Hartwood Subdivision
Page 3
May 6, 2002
3. Project Scope
The applicant proposes to develop 19 single-family detached cluster residential lots
on 8.26 acres. This creates an overall gross density of 2.3 dwelling units per acre.
This tract is located within the Frederick County Urban Development Area (UDA).'
Single-family detached cluster developments are required to provide 25% open space,
however, recreational amenities are not required. The Zoning Ordinance permits
individual lots to be less than 10,000 square feet, not including land in the required
open space or in the road rights-of-way. No individual lot shall be smaller than 8,000
square feet. If a lot is less than 10,000 square feet by a given square footage, an
equivalent square footage of land shall be added to the required common open space.
This preliminary master development plan calls for 25.5% open space, with an
additional .065 acres (or 2,831 square feet) of land to be placed in common open
space to account for lots smaller than 10,000 square feet.
The preliminary master plan shows a single cul-de-sac street (Plankwood Court)
having ingress and egress on Double Church Road. Double Church Road (Route
641) is identified as a major collector road on the VDOT Functional Classification
Map in the Comprehensive Plan. The Zoning Ordinance requires all residential
structures to be separated from major collector roads through the provision of a road
efficiency buffer; the required buffer has been provided.
4. Issue: ProximitoAgricultural District
As previously stated in the rezoning process, the proximity of the tract near the
Double Church Road Agricultural and Forestal District, as well as agricultural land
uses, is of concern to staff. Homes would be within close proximity to the Double
Church Agricultural and Forestal District. Residents of the agricultural community,
as well as the suburban residential community, have expressed concerns during the
last few years including land use compatibility, nuisances, and the need for buffers.
Staff believes it would be prudent to have the developer disclose the location of the
Double Church Road Agricultural and Forestal District and permitted land uses in the
Rural Areas within all property deeds and sales literature.
MDP #03-02, Hartwood Subdivision
Page 4
May 6, 2002
STAFF CONCLUSION 05-15-02 PLANNING COMMISSION MEETING:
The preliminary master development plan is within the Urban Development Area (UDA). The layout
of the plan conforms to the requirements of the Zoning Ordinance, and is consistent with Frederick
County's Comprehensive Policy Plan. The proposed single-family residential development is an'
appropriate land use for the Residential Performance (RP) Zoning District. The Planning Commission
should determine if there are additional issues that should be addressed by the applicant when
forwarding a recommendation to the Board of Supervisors.
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Frederick County, Virginia Master Development Plata. Application Package
APPLICATION `
MASTER DEVELOPMENT PLAN
1. Project Title:
2. Owner's Name
3. Applicant:
Address:
Phone Number:
4. Design Company:
Address:
Phone Number:
Contact Name:
Renamed: Hartwood Subdivision MDP
--Ritt-er Subdivision
Linwood D. Ritter and Elizabeth A. Ritter
(Please list name of all owners or parties in interest)
Greenway Engineering
151 Windy Hill Lane
Winchester, VA 22602
540-662-4185
Greenway Engineering
Same
Austin Spitler
RECEIVED
AfiAR 2 2 2002
DEPT OFPLANNING/DEVELOPMENT
5. Location of Property 746 Double Church Road
Stephens City, VA 22655
6. Total Acreage: 8.264 acres
7. Property Information
a) Property Identification Number (PIN):
b) Current Zoning:
c) Present Use:
d) Proposed Uses:
e) Adjoining Property Information:
Property Identification Numbers
North 86E-((2))-(2)-66,65,64,63,62,61
South 86-((A))-22,
86E-((2))-(2)-41,42,43,44,45
East 86- A))-71, 71A
West 86E -((2))-(2)-55A
i) Magisterial District:
86 -((A)) -21B
RP
Residential
Residential
q sri�ule-�rrnilu de�achecb Ju5+er
Property Uses
Residential
Residential
Residential
Residential
Opequon
8. Is this an original or amended Master Development Plan?
Original ® Amended ❑
I have read the material included in this package and understand what is required by the
Frederick County Department of Planning and Development. I also understand that the master
development plan shall include all contiguous land under single or common ownership. All
required material will be complete prior to the submission of my master development plan
application.
Signature:
LJ
Date: 5
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
PROPERTY ID#
Richard A &
Meara L Dowell
86E-((2.).)-('2.)-41
NAME Damon Peter Condon
PROPERTY ID# 86E_((2))-(2)-42
NAME
PROPERTY ID#
NAME
PROPERTY ID#
Timothy A &
Laura L Fost
86E-((21))12)-43
Raymond G Jones &
Tisin er-Jones
Company
86E-((2)))(2)-44
ADDRESS 102 Branch Court
Stephens Cit,, 22655
ADDRESS 104 Branch Court
Stephens City 22655
ADDRESS 106 Branch Court
Stephens City 22655
ADDRESS 108 Branch Court
Stephens City 22655
NAME
Dean P Brezack
ADDRESS
PO Box 81
PROPERTY ID#
86E-((2))-(2)-45
Stephens City 22655
NAME
Woodside Estates
ADDRESS
PO Box 746
PROPERTY ID#
Subdivision
Stephen_s_City 22655
Homeowner
Association
86 E -((2))-(2)-55A, 76A
NAME
Edward N &
ADDRESS
104 Twigg Court
PROPERTY ID#
Nancy J Swain
Stephens City 22655
86E-((2))-(2.)-61
NAME
Brien B &
ADDRESS
106 Twigg Court
PROPERTY ID#
Marylou Mohr
Stephens City 22655
86F_-((2.).)-(2)-62
NAME
Jeni Company .
ADDRESS
PO Box 888
PROPERTY ID#
86E-((2.))-(2.)-63, 66
Winchester 22604
NAME
John R &
ADDRESS
110 Twigg Court
PROPERTY ID#
Karen A Heflin
Stephens City 22655
86E-((.2).)-(2)-64
NAME
Harold J II &
ADDRESS
112 Twigg Court
PROPERTY ID#
Penny G Ding ess
Stephens City 22655
86E -((2).)-('2)-6S
NAME
Charles S Carbary
PROPERTY ID#
86-((A -22
NAME
Linda Borror
PROPERTY ID#
86 -(UA) -71
NAME
Tim B &
PROPERTY ID#
Denise Lynn Thomas
86 -((A)) -71A
NAME
PROPERTY ID#
NAME
PROPERTY ID#
NAME
PROPERTY ID#
NAME
PROPERTY ID#
NAME
PROPERTY ID#
NAME
PROPERTY ID#
NAME
PROPERTY ID#
NAME
PROPERTY ID#
NAME
PROPERTY ID#
NAME
PROPERTY ID#
ADDRESS 784 Double Church Rd
Stephens City 22655
ADDRESS PO Box 1544
Stephens Cit, 2y 2655
ADDRESS 781 Double Church Rd
Stephens City 22655
ADDRESS
ADDRESS
ADDRESS
ADDRESS
ADDRESS
ADDRESS
ADDRESS
ADDRESS
ADDRESS
ADDRESS
COUNTY of FREDEP??CK
April 17, 2002
Mr. Mark D. Smith, P.E.
Greenway Engineering
151 Windy Hill Lane
Winchester, Virginia 22602
RE: Master Development Plan Comments
Ritter Subdivision
Frederick County, Virgina
Dear Mark:
Department of Public Works
540/665-5643
FAY: 540/673-0632
Upon review of the subject master development plan, we offer the following comments:
1) A comprehensive review of this project will be done at the time of the subdivision
plan submittal. As part of that plan, the following issues need to be addressed:
a) Provide a detailed grading plan for all of the lots in the subdivision which
shall include proposed finished floor elevations, driveway entrances and
final grades;
b) You indicate a proposed stormwater management area. Ensure that an
adequate outfall exists downstream.
2) There is an existing groundwater problem with the sanitary sewer. Perched
groundwater drains within the bedding of the stone around the sewer line. Provide
a drain at the proposed manhole and provide a structure at the outfall of this drain.
3) Ensure that the proposed stormwater from the rear of the subdivision drains into
the proposed stormwater area. In addition, determine where the drainage along
the north of the site drains. It will be necessary to ensure that it also drains into
the proposed storinwater area as well.
107 North Kent Street • "'inchester, Virginia 22601-5000
Ritter Subdivision Master Plan Comments
Page 2
April 17, 2002
The majority of these comments will be addressed at the time of the subdivision plan
submittal. If you have any questions, do not hesitate to contact me.
Sincerely,
Joe C. Wilder
Civil Engineer
JCW/rls
cc: Frederick County Planning and Zoning
file
C:\Corel\WordperfedS\Joelsabdivisionplam\rittermdp.wpd
I
Administrative Assistant to
the Superintendent
Kurt Pennington
Greenway Engineering
151 Windy Hill Lane
Winchester, VA 22602
RE: Ritter Subdivision
Dear Mr. Pennington:
Frederick County Public Schools
Visit us at www.frederick.kl2.va.us
April 2, 2002
e-mail:
orndorfa@frederick.k12.va.us
This letter is in response to your request for comments concerning the Master Development Plan
for the Ritter Subdivision. Based on the information provided, it is anticipated that the 19 new residences
in Ritter Subdivision will yield 10 new students. The 2001-02 projected per pupil cost is $7,473 of which
$3,635 comes from local revenue. The 10 new students will cost the school division $74,730 annually at
the current dollar value. Out of this amount, the locality will provide $36,350. These figures do not
reflect capital expenditures for buildings and their debt service.
Significant residential growth in this portion of Frederick County has resulted in the schools
serving this area having student enrollment near or exceeding their design capacity. The cumulative
impact of this project and others of a similar nature, coupled with the number of approved, undeveloped
residential lots in the area, will necessitate the future construction of new school facilities to accommodate
increased student enrollment. The impact of this subdivision on current and future school needs should be
considered during the approval process.
Sincerely
APR
AlOrndorff _ ! nC - F';,�'
Administrat' ssistant to the Superintendent
cc: Dr. William C. Dean, Superintendent of Schools, Frederick County Public Schools
Roberi W. Cleaver, Asst. Superintendent for Administration, Frederick County Public Schools
jVP
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540-662-3889 Ext 112 1415 Amherst Street, Post Office Box 3508, Winchester, VA 22604-2546 FAX 540-722-2788
LIPlanning/