PC 06-06-01 Meeting AgendaAGENDA
FREDERICK COUNTY PLANNING COMMISSION
The Board Room
Frederick County Administration Building
Winchester, Virginia
JUNE 6, 2001
7:00 P.M. CALL TO ORDER TAB
1) May 2, 2001 Minutes ................................................... (A)
2) Committee Reports ................................................ (no tab)
3) Citizen Comments ................................................. (no tab)
PUBLIC HEARING
4) Conditional Use Permit #01-01 of S. Blaine Wilson and Keith A. Wilson for shale ruining.
The properties are located at 881 W. Parkins Mill Road and are identified with Property
Identification Numbers 76-A-137 and 76 -A -137A in the Shawnee Magisterial District.
(Mr. Lawrence) ....................................................... (B)
5) Conditional Use Permit #06-01 of Randall E. Kump for a welding business. This property
is located at 715 Pine Top Road is identified with Property Identification Number 47 -A -2B
in the Back Creek Magisterial District.
(Mr. Camp) ..........................................................(C)
PUBLIC MEETING
6) Subdivision #13-01, Lands of Winchester North, Inc. and Brentwood Investment Co.,
for a subdivision and boundary line adjustment to create three lots from lands totaling 7.0959
acres. The property is located off of I-81, Exit 317, at the intersection with Martinsburg Pike
(Route 11) and Welltown Road (Route 661), and is identified with Property Identification
Numbers 43 -A -50A and 43 -A -52A in the Stonewall Magisterial District.
(Mr. Davenport)....................................................... (D)
DISCUSSION ITEMS
i) Discussion on the Proposed MS (Medical Support) District.
(Mr. Wyatt)..........................................................(E)
8) Discussion on Section 165-31B(7), Woodlands Disturbance, of the Frederick County
Zoning Ordinance.
(Mr. Wyatt).......................................................... (F)
9) Other
Page 2
MEETING MINUTES
OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in
Winchester, Virginia on May 2, 2001.
PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; Roger L. Thomas, Vice Chairman/
Opequon District; Cordell Watt, Back Creek District; S. Blaine Wilson, Shawnee District; Greg L. Unger,
Back Creek District; John H. Light, Stonewall District; Richard C. Ours, Opequon District; Charles E.
Triplett, Gainesboro District; George J. Kriz, Gainesboro District; Robert A. Morris, Shawnee District; Gene
E. Fisher, Citizen at Large; Sidney A. Reyes, Board Liaison; and Jay Cook, Legal Counsel.
ABSENT: Vincent DiBenedetto, Winchester City Liaison
STAFF PRESENT: Evan A. Wyatt, Planning Directo.; Frig R. Lawrence, Deputy Planning Director, Mark
R. Cheran, Planner I; and Renee' S. Arlotta, Clerk.
CALL TO ORDER
Chairman DeHaven called the meeting to order at 7:00 p.m.
MEETING MINUTES - MARCH 21, 2001
Upon motion made by Mr. Kriz and seconded by Mr. Thomas, the minutes of March 21, 2001
were unanimously approved as presented.
COMMITTEE REPORTS
Development Review & Regulations Subcommittee (DRRS) - 04/26/01 Mtg.
Mr. Thomas reported that the DRRS had discussions regarding desired characteristics for a
Medical Support District. He said that the committee will have something for the Commission to review in the
near future.
Frederick County Planning Commission
Minutes of May 2, 2001 Page 654
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Transportation Committee - 04/18/01 Mtg.
Mr. Kriz reported that the Transportation Committee worked on the 2001 Primary Road
Improvement Plan at their last meeting. He said the Committee's recommendations will be discussed at this
evening's commission meeting.
AMENDMENT OF AGENDA
Mr. Evan Wyatt brought the Commission's attention to Item 45, Conditional Use Permit 403-
01 of Kitty B. Hockman and Kitty Hockman-Nicholas, and stated that this item has been postponed until the
Commission's May 16, 2001 meeting. He also pointed out that VDOT has requested tabling of Item 48,
Request for Extension of Water and Sewer Service Outside of the Sewer and Water Service Area for the
Clearbrook Rest Stop on I-81. Mr. Wyatt explained that VDOT is interested in discussing a potential
partnership with some people in that area and until these details are finalized, VI70T believes it is premature
to come to the Commission to request the exception.
PUBLIC HEARINGS
Rezoning Application 904-01 of Winchester Equipment Company, submitted by Painter -Lewis, P.L.C.,
to rezone 23.39 acres from RA (Rural Areas) to B3 (Industrial Transition). This property is located
adjacent to the dumpster site on North Frederick Pike (Rt. 522) and Indian Hollow Road (Rt. 679),
across from the Virginia Farm Market, and is identified with P.I.N. 42-A-188 and 42-A-189 in the
Gainesboro Magisterial District.
Action - Recommended Approval with Proffers
Chairman DeHaven announced that he would abstain from discussion and voting on this
application due to a possible conflict of interest.
At this point, Vice Chairman Thomas took over the conduction of the meeting.
Mr. Eric Lawrence, Deputy Planning Director, read the background information and review
agency comments. He gave a Corel presentation showing photographs of this particular site. Mr. Lawrence
stated that the site is located outside of the County's Sewer and Water Service Area (SWSA); it is within the
Rt. 37 West Land Use Plan; it contains a portion of the core battlefield area for Phase 6 of Second Winchester;
it is within the defined boundaries for the Second Battle of Winchester Battlefield Apple Pie Ridge Historic
District, which was determined eligible for the National Register of Historic Places; and is within the Albin
Frederick County Planning Commission
Minutes of May 2, 2001 Page 655
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Rural Community Center area.
Mr. Lawrence stated that staff has identified several issues, based on comments from the
reviewing agencies, involving impacts to the transportation system, water and sewer service, historic resources,
and adjoining properties. He said the applicant has submitted a proffer statement in an attempt to mitigate the
issues identified by staff and it includes a list of allowable uses; limits on the height of communication towers;
the establishment of an easement for a Civil War interpretive site; provisions for a buffer against agricultural
lands; the reservation of an 80' -wide strip of land for a proposed major collector road; and a monetary
contribution for fire and rescue services.
Mr. Lawrence continued, stating that the development of commercial uses at this location
would impact an existing residential land use along Thwaite Lane and the adjacent agricultural land due to the
proximity of the site and could potentially have an impact to the viewshed associated with the Battle of Second
Winchester. He said that the applicant has proffered the establishment of a buffer against the agricultural land,
and will be required to implement a buffer against the residential land use. Mr. Lawrence next read a list of
comments that staff believed could further mitigate identified impacts.
Regarding, this property's inclusion in the National Register of Historic Places, Commissioner
Ours inquired if that request would have to be initiated by the property owner. Mr. Lawrence replied this was .
correct; he said that befog , the State could accept the property into the national register, the property owner.
would have to make the request and agree to be included. Mr. Lawrence added that an evaluation was already.: .
made and the State has verified that the property is eligible for the national register.
Mr. John C. Lewis, P.E. with Painter -Lewis, PLC, the consulting engineers for the project,
was present to represent the applicant. Mr. Lewis began by reviewing the efforts by the owner to mitigate
impacts projected by the Frederick County Historic Resources Advisory Board (HRAB). He made the
following points: 1) the applicant did not wish to eliminate Parcel 42-A-189 from the application because there
may be some potential for future growth there; 2) the applicant has eliminated many of the undesirable uses
permitted in B3 zoning through the proffers; 3) he presented a generalized site layout plan indicating that the
applicant has exceeded all the setback requirements; 4) the owner has engaged the services of an architect to
ensure the building is aesthetically pleasing and he presented a preliminary sketch; 5) roof -mounted equipment
will be concealed by the existing various roof levels; 6) the applicant has proffered 25' inactive and 25' active
buffers; however, no additional landscaping has been proffered; 7) the applicant has reserved a 13,000 -square -
foot area where a legitimate group could establish a Civil War Interpretive Easement along the southern
property line on the ridge; this would present an ideal location from which to view West Fort, looking directly
towards Rt. 37, where gun battery placements were set by Jubal Early; and 8) the applicant has proffered to
provide access on the site plan from a parking area to the interpretive easement.
Mr. Lewis next reviewed the efforts by the owner to mitigate impacts projected by the staff,
as follows: 1) the generalized site development plan shows the building is located 200'-250'-500' from the
adjoining agricukutal lands; 2) the applicant has illustrated the interpretive easement on the generalized site
development plan, however, the legal description could be provided at the time when a Civil War interest group
works with the owner on the interpretive easement; 3) the proposed building is 28' in height, which is below
the maximum 35' height requirement, and sits well below the ridge line; 4) the location proposed for the
interpretive easement would command a view of the events that occurred in this area during the Civil War; 5)
the applicant will be adhering to the design standards mandated by the ordinance regarding lighting, signs, and
Frederick County Planning Commission
Minutes of May 2, 2001 Page 656
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loading bays, etc.
Mr. Douglas Rinker of Winchester Equipment Company and Mr. Lewis answered questions
from the Commission. Questions from the Commission concerned whether or not the applicant intended to sell
the adjoining smaller parcel after it was rezoned, where the equipment storage areas on the site were located,
whether the submitted proffers covered both parcels, and the location and setbacks of any future buildings on
the site.
Vice Chairman Thomas commented that the applicant was providing an easement and
interpretive site for a Civil War action that did not occur on the property proposed for rezoning. Mr. Lewis
guessed that the Civil War battery was located approximately 200' from this site. Mr. Wyatt added that this
particular property is located in the northwestern comer of the area identified by the National Park Service as
the Core Area Phase 6 of the Second Battle of Winchester.
Vice Chairman Thomas called for public comments and the following persons came forward
to speak:
Mr. Robert Solenberger, President of Fruit Hill Orchard and owner of the agricultural
properties located to the south and east of the proposed rezoning, said that he was not opposed to the rezoning
of the one larger parcel; however, he was opposed to rezoning the adjacent smaller parcel. Mr. Solenberger
believed the proposal was "spot -zoning." He also did not believe the setbacks adjacent to agriculture -zoned
property were large enough; he could not see the difference between residential and parking lot use as far as
liability from orchard spray.
Mrs. Bessie Solenberger, Chairman of the Historic Resources Advisory Board, and an
adjoining property owner, believed there should be additional landscaping and buffering placed to improve the
viewshed from he mast looking West.
Mr. Light inquired of the Chairman ifthe Commission might be able to vote on the two parcels
separately. Mr. Light was concerned that rezoning the second, smaller parcel may be considered a "speculative
zoning" and may create a precedent. Mr. Jay Cook, the Commission's legal counsel, agreed with the staff and
the Vice Chairman that this is one application which includes two parcels of land, with the proffers applicable
to both parcels; therefore, one action is required by the Commission.
Commission members discussed whether or not the proposed rezoning could be considered a
"spot -zoning." They concluded that it was not, especially because the main purpose of the proposed business
is to support the agricultural area. Some Commissioners expressed concern that the setbacks may not be
adequate; it was pointed out that in this particular situation, the ordinance requires only a 50' setback from the
adjacent active orchard. Commissioners believed that the required setbacks within the ordinance needed future
study. Members of the Commission believed that the applicant had successfully mitigated the impacts
identified and had made efforts to satisfy the issues associated with the battlefield viewshed by providing
easements for interpretive areas.
Upon motion made by Mr. Kriz and seconded by Mr. Wilson,
Frederick County Planning Commission
Minutes of May 2, 2001 Page 657
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BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend
approval of Rezoning Application #04-01 of Winchester Equipment Company, submitted by Painter -Lewis,
P.L.C., to rezone 23.39 acres (P.I.N.s 42-A-188 and 42-A-189) from RA (Rural Areas) to B3 (Industrial
Transition), with the proffers presented by the applicant.
(Note: Chairman DeHaven abstained from voting.)
Conditional Use Permit #04-01 of David A. Kollar to re-establish a legally nonconforming use for a public
garage. This property is located at 7341 Northwestern Pike and is identified with P.I.N. 27-A-93 in the
Back Creek Magisterial District.
Action - Recommended Approval with Conditions
Chairman DeHaven stated that he would abstain from discussion and voting on this item due
to ;a. possible conflict of interest. At this point, Vice Chairman Thomas conducted the rneeting.
Mr. Mark R. Cheran, Planner I, read the background infortr> tion and stated there were no
y=clv:rse comments from any of the reviewing agencies. Mr. Cheran stated that this conditional use permit
(CUP) application is the result of a zoning violation complaint for the operation of a public garage with a
towing service. He explained that the property has been used as a gas station, repair garage, and equipment
repair shop; all of these uses were established prior to November 1, 1973, when the Frederick County Zoning
Ordinance required a CUP for a public garage in the RA Zoning District. He said the applicant desires to re-
establish a legally nonconforming use for a public garage on this property. Mr. Cheran read a list of
recommended conditions, should the Planning Commission determine the use to be appropriate.
Commission members inquired as to what caused the owner to lose the non -conforming status.
Mr. Cheran replied that if the use is discontinued for more than one year, the nonconforming status is lost; he
said that this operation ceased for a year and a half. The Commission also discussed the issue of signs.
Mr. David A. Kollar, owner ofthis property on Northwestern Pike in Gore and also the owner
of DK Industrial Services, located five miles east of the subject property on Northwestern Pike, stated that he
could incorporate the six conditions into the lease with his tenant on the property. Mr. Kollar agreed to install
the fencing; however, he said that because of the grade differential, a five foot fence would not protect the
viewshed towards the property from Route 50.
There were no public comments regarding the proposed CUP.
The Commission discussed with Mr. Kollar the importance of protecting adjoining property
owners from the impact of outdoor storage of vehicles or goods and other available alternatives to fencing.
Commission members also discussed with Mr. Kollar his mobile home located to the east of the garage. Mr.
Kollar stated that in the process of applying for his CUP, the Health Department required him to check the
existing septic system and the distribution box. He said that he will be expanding the existing system to allow
both the shop and the mobile home to be in compliance. The Commission amended staff's recommended
Frederick County Planning Commission
Minutes of May 2, 2001 Page 658
Condition #4 by deleting the words, "with an opaque wooden fence," so that the applicant and staff could work
together on alternative screening methods.
Upon motion made by Mr. Unger and seconded by Mr. Kriz,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend
approval of Conditional Use Permit #04-01 of David A. Kollar to re-establish a legally nonconforming use for
a public garage at 7341 Northwestern Pike with the following conditions:
All review agency comments shall be complied with at all times.
2. All repair work shall be accomplished completely within the two -bay garage.
3. No more than five (5) vehicles awaiting repair shall be allowed.
4. No more than five (5) inoperable vehicles shall be allowed on the property at any one time. These
vehicles shall be completely screened from view from adjoining properties and Route 50.
5. Any proposed business sign shall conform to Cottage Occupation sign requirements; sign shall not
exceed iov.r (4) square feet.
6. Any change of use or expansion of this business "grill require a new Conditional use Permit.
(Note: Chairman DeHaven abstained from voting.)
Conditional Use Permit 905-01 of the County of Frederick, Department of Fire and Rescue, for a
telecommunications tower. This property is located in Shawneeland at the top of Timber Ridge Trail,
between Elmwood Trail and Flamewood Trail, and is identified with P.I.N.s 491301-123-
276/277/278/279/ and 491303-123-270/271/272/273 in the Back Creek Magisterial District.
Action - Recommended Approval with Conditions
Chairman DeHaven resumed the conduction of the meeting at this point.
Mr. Eric R. Lawrence, Deputy Planning Director, read the background information and review
agency comments. Mr. Lawrence said the applicant has proposed to build a 190 -foot lattice
telecommunicator-z facility on a 3.67 -acre site located atop Great North Mountain in the Shawneeland
development. He explained that the County is experiencing communication difficulties with its existing
equipment on a shared tower at Great North Mountain and they desire to construct their own tower to separate
them from other frequencies.
Mr. Lawrence added that the applicant has requested a waiver of the required setbacks in order
to provide increased flexibility in the placement of the tower and has requested a waiver of the monopole
Frederick County Planning Commission
Minutes of May 2, 2001 Page 659
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requirement in order to construct the lattice -type tower. Mr. Lawrence next read a list of conditions
recommended by the staff, if the Commission determined the application to be appropriate.
Mr. Gary A. DuBrueler, Director of Fire & Rescue Services, stated that construction of a
lattice tower will save the County money; the monopole will cost approximately $50,000 versus approximately
$10,000 for a tower. He stated furthermore, there is considerable rock at the top of Great North
Mountain and a monopole tower requires a large concrete base to maintain the pole; he said that a lattice tower
with guide wires requires less drilling.
Members of the Commission were concerned about the perceived credibility and precedence
of establishing requirements for commercial telecommunication facility providers to adhere to when
constructing towers in Frederick County and then to waive all of those standards when the applicant is
Frederick County, therefore, Commissioners believed it was inappropriate to grant a waiver. Members of the
Commission also discussed with Mr. DuBrueler his plans for securing the area.
There were no public comments.
Upon motion made by Mr. Light and seconded by Mr. Kriz,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of
Conditional Use Permit #05-01 of the County of Frederick, Department of Fire and Rescue, for a
telecommunications tower to be located at the top of Great North Mountain in Shawneeland, at the top of
Timber Ridge Trail, between Elmwood Trail and Flamewood Trail, with the following conditions:
All Zoning Ordinance requirements and review agency comments shall be addressed and
compli-d with at all times.
2. The tower shall be available for co -locating personal wireless service 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. All lots included in this request shall be consolidated into a single parcel.
This conditional use permit was recommended for approval by the following majority vote:
YES (TO APPROVE): Watt, Unger, Morris, Light, Kriz, Triplett, DeHaven
NO: Wilson, Thomas, Ours, Fisher
Frederick County Planning Commission
Minutes of May 2, 2001 Page 660
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Request for Extension of Water and Sewer Service Outside of the Sewer and Water Service Areas
(SWSA) at the Pioneer Trailer Park, located on the west side of Hudson Hollow Road (Rt. 636) in the
Opequon Magisterial District.
Action - Recommended Approval
Mr. Evan A. Wyatt, Planning Director, stated that Greenway Engineering has submitted a
request on behalf of Mr. Linwood Ritter for the extension of public water and sewer service to Pioneer Trailer
Park located on the west side of Hudson Hollow road (Rt. 636), approximately %2 mile south of the intersection
with Fairfax Pike (Rt. 277); he said the site is zoned MH -1, it consists of 5.64 acres, and is situated
approximately % mile south of the current Sewer and Water Service Area (SWSA) boundary.
Mr. Wyatt said the Comprehensive Plans & Programs Subcommittee (CPPS) considered this
request, for the extension of a two-inch sewer force main, from the Sherando Park property into this site. He
said that the applicant explained to the CPPS that not only would this be a benefit to themselves, but the
residents in the immediate area because it would eliminate the existing lagoon system which discharges across
the Sherando Park property. Mr. Wyatt said the applicant has advised that the installation of public water and
sewer 1i-aes and a pump station would require the addition of at least eight new mobile home units to offset the
costs associated with this improvement. Mr. Wyatt also stated that the CPPS did not express concerns with
the.increae in residential units on this property, provided that it was accomplished throb�g}z an approved
development plan. process and the infrastructure within Pioneer Trailer Park and Sherando Park was owned
and operated by the Frederick County Sanitation Authority.
Mr. Mark Smith of Greenway Engineering, representing Mr. Linwood Ritter, the applicant,
presented a consent order his client is under with the Department of Environmental Quality (DEQ) for the
substandard lagoon system. Mr. Smith said that a lagoon closure plan will have to be prepared and submitted
as part of the consent order.
Mr. Thomas inquired as to the number of additional trailers Mr. Ritter could add with public
water and sewer and still be in compliance with the zoning ordinance. Mr. Ritter believed he needed to add at
least eight trailers to offset the expenses; however, the ordinance allows eight units per acre, which would total
44. Some coim.ii.sioners were concerned about the possibility of numerous trailers being added after the
approval to extend water and sewer.
Mr. Unger asked what the expense to extend the water and sewer service would be to the
County and Mr. Smith replied there will be no expense to the County; he said the expense will be borne by Mr.
Ritter.
Mr. Wilson asked for a cost comparison between an on-site system and the SWSA extension
request for eight additional units. Although Mr. Smith believed the plant would be the greater expense because
it would require maintenance, Mr. Ritter believed the cost would be about the same.
There were no public comments.
Commission members believed this request was a reasonable opportunity to clear up a long -
Frederick County Planning Commission
Minutes of May 2, 2001 Page 661
standing problem the Commission has wrestled with over the years. They were very concerned about the
substandard lagoon system discharging across the Sherando Park property. Other Commissioners said they
could not support the request to extend outside of the SWSA because it was for residential use and they were
concerned about the precedent it would create. There was also concern about the number oftrailers that could
be placed after the extension was granted. It was pointed out that all costs associated with the line extension
and system installation would be borne by the applicant and not Frederick County.
Upon motion made by Mr. Ours and seconded by Mr. Thomas,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of
the extension of a two-inch sewer force main line and a two-inch water line from the existing lines within the
Sherando Regional Park to serve Pioneer Trailer Park, which is located outside of the Sewer and Water Service
Area. This recommendation for approval is conditioned upon the following:
1. The Frederick County Parks and Recreation Commission agrees to the establishment of all necessary
easements.
The water and sewer infrastructure within Sherando Park and Pioneer Trailer Park is dedicated to the
Frederick �'ounty Sanitation Authority (FCSA) for operation and maintenance.
3. The applicant obtai.=:s all required design plan approvals from the FCSA and County Staff.
4. The system is designed to only serve Sherando Park and Pioneer Trailer Park.
Any request to expand the size or capacity of this water and sewer system would require approval by
the Board of Supervisors.
The vote was as follows:
YES (TO APPROVE): Watt, Unger, Morris, Light, Thomas, Ours, Kriz, Fisher, Triplett
NO: DeHaven, Wilson
PRIMARY 2001 PRIMARY ROAD PLAN
Mr. Evan Wyatt, Planning Director, presented the Draft 2001 Frederick County Primary Road
Improvement Plan for review and recommendation. Mr. Wyatt said the plan has been slightly modified from
the 2000 Frederick County Primary Road Improvement Plan, approved by the Board of Supervisors on March
8, 2000, in that project descriptions have been amended to jibe with locally -adopted long-range road
improvement plans and to reflect current conditions. In addition, he said that the priorities associated with the
Rt. 37 Eastern Bypass and Fairfax Pike have been modified.
Frederick County Planning Commission
Minutes of May 2, 2001 Page 662
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Mr. Wyatt continued, stating that the Frederick County Transportation Committee considered
this plan during their April 18, 2001 meeting and believed it would be appropriate to footnote the Rt. 37 project
to identify the need to begin the first phase of Rt. 277 prior to the build -out of Rt. 37. Furthermore, the
Committee believed the I-81 priorities should be revised to reflect the funding plan that has been approved for
the new bridge at Exit 323.
There were no public comments.
The Planning Commission considered the modifications made by the Transportation
Committee and believed them to be appropriate. No other issues were raised.
Upon motion made by Mr. Kriz and seconded by Mr. Ours,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously endorse the
2001 Primary Road Improvement Plan for Frederick County as presented by the Transportation Committee
and does hereby unanimously recommend.its approval to the Board of Supervisors.
Revised Master Development. Plan 9 -dot -01 of Westminster -Canterbury, submitted by Greenway
Engineering, for the addition of 23 cottage units. This property is located at 300 Westminster- -
+Canterbury Drive and is identified with P.I.N. 53 -A -63A in the Gainesboro Magisterial District.
Action - Recommended Approval
Mr. Eric R. Lawrence, Deputy Planning Director, stated that this plan is for a revision to the
Westminster -Canterbury Master Development Plan and he proceeded to read the background information and
review agency comments. He explained that the addition of 23 cottages are proposed for the northern part of
the site; however, this modification includes the elimination of other apartment units and cottages on the master
plan, resulting in a reduction of the number of total units on the property and a gross density of 3.73 units per
acre. Mr. Lawrence stated that all proposed driveways should intersect at 90, degree intersections and
additional landscape screen is recommended along the road next to Tudor Square.
Mr. Mark Smith of Greenway Engineering, the design engineers for the project, stated that he
would indicate the area of screening on the plan as indicated by staff.
There were no public comments.
No issues of concern were raised by the Commission. Commissioners believed the overall
concept of the plan was consistent with the Comprehensive Policy Plan and the requirements of the master
development plan section of the zoning ordinance.
Upon motion made by Mr. Thomas and seconded by Mr. Kriz,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend
Frederick County Planning Commission
Minutes of May 2, 2001 Page 663
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approval of Revised Master Development Plan #01-01 of Westminster -Canterbury, submitted by Greenway
Engineering, for the addition of 23 cottage units.
OTHER
CERTIFIED PLANNING COMMISSIONERS WORKSHOP
Mr. Evan A. Wyatt, Planning Director, brought the Commission's attention to a handout,
which was a copy of an Email he received from Commissioner Kriz, concerning a Certified Planning
Commissioners Workshop that Mr. Kriz, Mr. Fisher, and Mr. Unger attended and believed was very
worthwhile.
Commissioner Kriz stated that Mr. Fisher, Mr. Unger, and he all agreed that one of the
sessions entitled, "Development Strategies for Sensitive Lands ---A Hands -On Workshop," was an outstanding
topic; he said that upon discussion with the presenters of the program, they would be willing to come to our
area to conduct a workshop here. Commissioner Kriz believed it would be appropriate for Planning
Staff, the Comprehensive Plan Committee, .the Board of Supervisors, our
Commissioners, the Planning
counterparts in adjoining jurisdictions, and interested citizens groups. He then proceeded to explain a little
about the workshop.
Commissioners believed it would be a worthwhile endeavor and appropriate to arrange the
workshop.
APPOINTMENTS TO CPPS & DRRS
Chairman DeHaven appointed Commissioner Cordell Watt, Back Creek District
representative, to the Development Review & Regulations Subcommittee and Commissioner Charles Triplett,
Gainesboro District Representative, to the Comprehensive Plans and Programs Subcommittee.
Frederick County Planning Commission
Minutes of May 2, 2001 Page 664
ADJOURNMENT
unanimous vote.
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No further business remained to be discussed and the meeting adjourned at 9:30 p.m. by
Respectfully submitted,
Evan A. Wyatt, Secretary
Charles S. DeHaven, Jr., Chairman
Frederick County Planning Commission
Minutes of May 2, 2001 Page 665
•
C�
•
PC REVIEW: 06/06/01
BOS REVIEW: 07/11/01
CONDITIONAL USE PERMIT #0'I -,n,,
S. BLAINE WILSON and KEITH A. WILSON
Shale Mining Operation
LOCATION: This property is located at 881 W. Parkins Mill Road
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBERS: 76-A-137 and 76 -A -137A
PROPERTY ZONING & PRESENT USE:
Zoned RA (Rural Areas) District; Land Use: Shale Mining
ADJOINING PROPERTY ZONING & USE:
Zoned RA (Rural Areas) District; Land Use: Residential, Commercial (landscape
contracting business), and Vacant
PROPOSED USE: Shale Mining Operation
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: No objection to conditional use permit for this property.
However, prior to operation, an entrance must be constructed to VDOT's standards to allow
for safe usage. Sight distance is restricted at the Rt. 645 entrance and must be corrected to
a minimum of 550 feet. Any work performed on the State right-of-way must be covered
under a land use permit. The permit is issued by this office and requires an inspection fee
and surety bond coverage.
Fire Marshal: Plan approval is recommended; no additional comments
Inspections Department: No comment required.
Health Department: The Health Department has no objection as long as there is no
S. Blaine and Keith A. Wilson CUP #01-01
Page 2
May 24, 2001
domestic wastewater created on-site.
Planning and Zoning:
The Zoning Ordinance allows for the mining of shale in the RA (Rural Areas) Zoning
District with an approved Conditional Use Permit. The subject site includes two adjacent
parcels lying between Airport Road (Route 645) and West Parkins Mill Road (Route 644).
The parcels total approximately 100 acres, approximately 31- and 69 -acre parcels apiece.
The properties are zoned RA (Rural Areas). The 31 -acre parcel (PIN 76-A-137) is currently
vacant. The applicant's residence and animal park (Wilson's Wild Animal Park) are located
on the 69 -acre parcel (PIN 76 -A -137A), and are accessed via West Parkins Mill Road. The
shale mining operation is accessed via an existing entrance onto Airport Road.
The applicant recently became aware that a Conditional Use Permit (CUP) was necessary
to continue the shale mining operation. The applicant began mining shale from the
properties in 1987. At that time, the Planning Department issued the applicant a letter
authorizing the removal of shale from the property. After recently reviewing the Planning
Department's 1987 letter, the applicant realized that authorization to remove shale was on
a temporary basis.
The properties have been utilized for a shale extraction operation since 1987. The Division
of Mineral Mining (DMM), part of the Virginia Department of Mines, Minerals, and Energy,
has conducted annual inspections of the shale mining operation since 1987. David Cress,
the mining inspector for our area, has confirmed that the mining operation has continued to
be in compliance with the DMM over the past 14 years. The DMM reviews and monitors
the site for conformity to DMM requirements, including adherence to drainage and
reclamation plans. The permit issued by the DMM covers an area totaling 30 acres,
distributed over the two parcels included in this CUP application. Mr. Cress has advised
staff that a portion of the DMM permitted area, located on PIN 76-A-137, has been
reclaimed.
In accordance with County regulations, mining must occur at least 10-0 feet from the
roadway. There are houses on properties which abut the subject site where the mining would
occur. These properties, however, are screened by vegetation, and are of a significant
distance from the mining area. Given the setback and the natural buffer, impacts on the
adjoining properties would be minimal.
Access to the site is gained from an existing right-of-way to Airport Road. While this
entrance onto Airport Road is currently being used for the mining operation, the Virginia
Department of Transportation will require, as a condition of this CUP, that the entrance be
upgraded to satisfy safe entrance standards.
S. Blaine and Keith A. Wilson CUP #01-01
Page 3
May 24, 2001
may be undersized to handle the traffic generated by the proposed shale mine. Staffcontacted
VDOT and learned that the crossing has been engineered to handle a capacity of 57 tons; this
weight capacity would be adequate to accommodate the vehicular traffic generated by the
proposed shale mining operation. A second bridge located on Airport Road, west of the
subject site's entrance, is designed for a weight capacity of 30 tons. This 30 -ton bridge is not
designed to accommodate the proposed vehicular traffic generated by the shale mine.
Therefore, traffic generated by the shale mine operation should be routed east on Airport
Road as they leave the subject site.
A site plan is required for all development in the EM (Extractive Manufacturing) Zoning
District and all mining operations in the RA (Rural Areas) District must meet all regulations
set forth in the regulations for the EM District. However, the applicant does not propose to
construct any new buildings in coordination with this CUP. The State permitting procedure
may be sufficient to ensure that the site is adequately developed and maintained. Staff would
seek the guidance of the Planning Commission with regard to the necessity of a site plan.
STAFF CONCLUSIONS FOR THE 06-06-01 PLANNING COMMISSION MEETING:
Approval of this conditional use permit may be appropriate with the following conditions:
All review agency comments and Frederick County Zoning Ordinance requirements, including
the EM District requirements applicable to this site, shall be complied with at all times.
2. A state mining permit shall be kept current as required by the Code of Virginia.
No commercial mining operation shall occur until an approved VDOT entrance is
constructed.
4. No vehicular traffic involved in the shale mine operation shall travel on Airport Road west of
the site's entrance.
5. A schematic plan illustrating the current conditions ofthe subject properties shall be submitted
to the Planning Department within 30 days of approval ofthe Conditional Use Permit. A site
plan must be submitted to and approved by the County prior to further expansion of the shale
mining operation.
O :\Agendas\COARviENf S\CUP's\2001 \Blaine W i Ison. wpd
76 A 137E
TAYLOR
64
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77 A 204
HOOVER
77 A 21
BROWN
77 A 22
JOHNSON
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Location Map For:
,Location
WLSON
KEITH A. VVLSON
i
PIN:
76-A 37
76 -A -137A
1 1 _
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Location Map For:
,Location
WLSON
KEITH A. VVLSON
i
PIN:
76-A 37
76 -A -137A
1 1 _
Office of Mapping and GIS, 05101, Aurav
M ; : - 1 5-2001 01 :57 Pri
August 19, 1987
Blains Wilton er.d Keith Missal
Wilmon's Building Service, Inc.
2264 Paparaill l3oad
Winchester, Virginia 12601
P.03
COUNTY Of FREDERiCK
Rennins and Building
°�01�665-�d30
LYiVC°-iPUP.n— WFICC
Bear Blaine and Xelth:
It is our understanding that you will be removing shale from t`ax parcels
76000 -A00 -00®0-0000-137-A and 7600-A00-0000-0000-137-0 in order 'to grade nn®
improve the Oita. Also, it ie our understanding that the removal of shale will
hs a temporary ogee end that It will not conatitut¢ t
extractive Industry, he establishment of an
ehc use bseomds
industry, permanent Or intensive: enough -to constitute an extraceivc
ina rexonlc�g to the EX (Extractive Manufacturing Diatrict) will be
required. liowevesr, it Is our opinion that the temporary removal
for the purpose of improving a siteof materials
, Ie eat ellomesd ®a tivity lee the A-2,
Agricultural General District.
If more than 10,000 square feet of area is to be disturbed, you WAIL be
required to obtain a land disturbance permit From the County.
If You have any further queertona, please do not hesLcate to call.
BAnoeroly,
ft&l ert q. Watkins
Planning Director
RW/dkg
9 Court t Square
P.O. Box 601
r
Winchester, Virginia 22601
THIS PERMIT/LICENSE GOOD ONLY FOR THE AREA SHOWN ON THE MAP ATTACHED To APPL3CATI )1N.
THIS PERMIT/LICENSE IS NOT TRANSFERABLE
COMMONWEALTH OF VIRGINIA
DEPARTI-VIENT OF MINES, MINERALS AND ENERGY
DIVISION OF MINERAL MINING
P. O. BOX 4499 w
LYNCHBURG, VA. 24502
(804) 239-0602
PERMIT/LICENSE TO OPERATE A MINE
Permit/License Number _ 13731AA Receipt Number
Was issued to S. Blaine 4 Keith A. Wilson
8062
Whose main. office is located at 2264 Pa ermill Road Winchester, -VA 22601
For type of, mineral(s). Shale
Located at 5 mile South of _ Rt.. 50„ in Frederick on Road County of Frederick
No. 644 - -
THIS. PERM_ ITAICENSE IS ISSUED PURSUANT TO CHAPTER .1 AND 16, TITLE 45.1,
CODE OF VIRGINIA (1950), AS AMENDED
Being. an. Act, to require permits/licenses for certain, miningoperations and to fix conditions for
issuance thereof; to provide. that certain safety and reclamation.practices.be performed. by mine
operators and for inspection thereof; and to advise on satisfactory compliance; to require an
annual report. on progress of reclamation and tonnage of mineral mined; to provide for the
Director. to seek injunctive. relief. to provide for a. Board of Surface Mining Review and to provide
for appeals from rulings of such Board; and,to provide penalties for. violations.
Issued.this ~ 15th day of March '19 89 3-14-88 - original
issue date
Covering 3n - n acres DIVISION OF MINERAAL MINING
Cash Bond Received, N/A
Surety Bond.No_ N/A r
Surety Company Name N/A
DIRECTOR
Safety Fee. $75.00
THIS PERMIT/LICENSE MUST BE POSTED AT THE DINE OFFICE
DNM-115 8/87
SU V"Ad
Ae'SrAr,5- -
44-� Lt
FILL COP i
4 . 5--y7-A Ti5-
A
mm
(,,�Z&NgW SVAJ.67
AbAp
IDepartmenr of Unes, Alinerals and Energy
Divivion of Mineral Mining
PO. Box 3727
C admesville. VICgiii1a 220,03-0727
(0-04) 951-6310 .
Conrad T. Spangler Iii, Division Direcior
March 6, 2001
Mr. S. Blei
a Milson
S. Blaine A
Keith A. Nilson
3076E Shal
vnee Drive
Winchester
Virginia 22601
RE: Rene4al for Permit No. 13731AA
Dear Mr.
Thi' letter is to acknowledge receipt of the permit renewal and fees submitted for
Permit/Lic nse No. 13731 AA located in Frederick County. The receipt number for your fees is
20978. if 4.b' u need a hard copy of your receipt please let me know.
renewal is now approved and will be in effect until March 14, 2002.
If y u have any questions or need assistance, please contact Dave Cress, Mine Inspector, or
this office.
Sincerely,
CJ'1z" a
Patsy Martin
w Program Support Technician
e: DaveCr ss, Mine Inspector
I
EQUAL OFsi3t3lt'6'itNUrY LMPLOVER
TI)r) (800) 828-1120 — Virginia Relay Cu neer
Submittal Deadline
P/C Meeting
BOS Meeting
APPLICATION FOR CONDITIONAL USE PERMIT
FREDERICK COUNTY, VIRGINIA
!� 1 6ul
1. Applicant (The applicant i�f( the ` owner other)
NAME:
ADDRESS: 0-� 4
TELEPHONE
2. Please 1 st all
the propgrty:
�Mffir�
��•� .'jam/��'
rs, occupants, or parties in interest of
M
3. The property is located at: (please give exact directions and
include the route number of your road or street)
_SauT� a� i2oyi� (�S" �A/ SRT &0Aa) 4111A AJOAPI coF Room 6y4t
C�An►c��� M«L rzaaa� . �I�a W�� i aF_ �v�rE so _
r r,.�. PA►, �s /Mitt- R0R6
4.
The property has
depth of
(Please be exact)
a road frontage of
feet and consists
of
feet and a
acres.
5. The property is owned by as
>�� ! evidenced by deed from recorded
�A (previous owner)
in deed book no. on page , as recorded in the
records of the Clerk of the Circuit Court, County of
Frederick.
6. 14 -Digit Property Identification No.-7&,-,J-t37--L7&-:IA 7&,: _ 134
Magisterial District S"AvJMrE
Current Zoning 9A
7. Adjoining Property:
USE ZONING
North toz ,'«t, 9A.
East 9,gs-.% u6trc.c KA -
South ees,a,E„i CL-. P, 14
West Ae-"IL1 cyL+VAf _ RA
Condition Use Permit # 01-01
S. Blaine Wilson and Keith A. Wilson
PIN 76-A-137
4. The property has a road frontage of 50 feet and a depth of 2,059 feet and consists of 31.63
areas.
5. The property is owned by Keith A. Wilson as evidenced by deed from Alma B. Shade
recorded in deed book no. 636 on page 0337, as recorded in the recorded of the Clerk
of the Circuit Court, County of Frederick.
6. 14 -Digit Property Identification Number:
76-A-137
PIN 76 -A -137A
4. The property has a road frontage of 1,394 feet and a depth of 1,416 feet and consists of
69.42 areas.
5. The property is owned by S. Blaine Wilson as evidenced by deed from Alma B. Shade
recorded in deed book no. 854 on page 1567, as recorded in the recorded of the Clerk of
the Circuit Court, County of Frederick.
6. 14 -Digit Property Identification Number:
76 -A -137A
8. The type of use proposed is (consult with the Planning Dept.
before completing)
15,VALL My Q 1 "C T� I . X
9. It is proposed that the following buildings will be
constructed:
n/o CC, AlTMucTroy pnVposE�o
10. The following are all of the individuals, firms, or
corporations owning property adjacent to both sides and rear
and in front of (across street from) the property where the
requested use will be conducted. (Continue on back if
necessary.) These people will be notified by mail of this
application:
NAME ADDRESS
PROPERTY ID# 76 - A- - / 31._
NAME ADDRESS
PROPERTY IDI 76 —q - / 3 9
NAME ADDRESS
PROPERTY ID#
NAME ADDRESS
PROPERTY ID#
NAME
ADDRESS
PROPERTY ID# 7 - a - 136o 4
NAME ADDRESS
PROPERTY ID# 76 Ne,
NAME ADDRESS
PROPERTY ID# We, c
NAME ADDRESS
PROPERTY ID# 7&-4-/
NAME
PROPERTY In# -3 °) C-
NAME
PROPERTY ID# %(�-
NAME
PROPERTY ID# 7(c, /3 7 F_'
NAME
PROPERTY ID# -7& - /3 g
NAME
PROPERTY ID#
NAME
PROPERTY ID# 7- A- 704
NAME
PROPERTY ID# -Z-
NAME NAME
PROPERTY ID#
NAME
PROPERTY ID# 7 7 ` 9 - Z3
NAME
PROPERTY ID# 7? Z`t
NAME
PROPERTY ID# 7Zr7
NAME
PROPERTY ID#
NAME
PROPERTY ID#
ADDRESS
ADDRESS
ADDRESS
ADDRESS
ADDRESS
ADDRESS
ADDRESS
ADDRESS
ADDRESS
ADDRESS
ADDRESS
ADDRESS
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.
S � AT'rra ci-M b S UeL v C- ,► ) DAA', 91 Va I
'. . . . .
1-
FILE CORY
Su -v-A
0lf
,00,9e. j A
or lie.
®r I
12. Additional comments, if any:
e� PAANJk- BE C24 t►.l oaE:hA-POM _-r Nrile f- `7
C' EtZrn Y- art O•� 'tet r E7 QUA M- --M E --JT Of' AA i 1V,,.�S
I (we), the undersigned, do hereby respectfully make application
and petition the governing body of Frederick County, Virginia to
allow the use described in this application. I understand that the
sign issued to me when this application is submitted must be placed
at the front property line at least seven (7) days prior to the
first public hearing and maintained so as to be visible until after
the Board of Supervisors' public hearing. Your application for a
Conditional Use Permit authorizes any member of the Frederick
County Planning Commission, Board of Supervisors or Planning and
Development Department to inspect your property where the proposed
use will be conducted.
Signature of Appli
Signature of Owner
Owners' Mailing Address
Owners' Telephone No.
TO BE COMPLETED BY ZONING ADMINISTRATOR:
USE CODE:
RENEWAL DATE:
C
•
•
PC REVIEW: 06/06/01
BOS REVIEW: 07/11/01
CONDITIONAL USE PERMIT #06-01
RANDALL E. KUMP
Cottage Occupation - Welding
LOCATION: This property is located at 715 Pinetop Road.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBERS: 47 -A -2B
PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) District;
Land Use: Residential
ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District;
Land Use: Residential
PROPOSED USE: Cottage Occupation - Welding Business
REVIEW EVALUATIONS:
Virginia Dent. of Transportation: No objection to conditional use permit for this property.
Existing entrance is adequate for proposed use. However, should use ever expand in the
future, the entrance may have to be upgraded to VDOT minimum commercial standards.
Fire Marshal: Portable fire extinguishers are recommended. Water supplies required. Plan
approval is recommended; no additional comments.
Inspections Department: Building shall comply with The Virginia Uniform Statewide
Building and Section 306, Use Group F (Factory and Industrial), of The BOCA
National Building Code/ 1996. Other codes that apply are CABO Al 17.1-92, Accessible and
Usable Buildings and Facilities. Accessible parking and building access shall be provided.
Randall E. Kump CUP #06-01
Page 2
May 25, 2001
Health Department: The Health Department has no objection to the welding shop as long
as it does not create any waste water without a proper method of disposal.
Planninz and Zonin : The Frederick County Zoning Ordinance allows cottage occupations
in the Rural Areas (RA) Zoning District with an approved Conditional Use Permit (CUP).
The subject application is a request to allow a welding business as a cottage occupation in the
RA Zoning District. Specifically, the applicant would like utilize his two -car garage as a
welding workshop for his business. The applicant has informed staffthat all welding will take
place within the garage.
The property is approximately 1.79 acres is size and is located in the Back Creek Magisterial
District at the corner of Kump Drive and Pinetop Road/Route 617. Pinetop Road is a state -
maintained gravel road that is the primary access road of several properties in the area. On
the other hand, Kump Drive is private dirt road that appears to be used very seldom. The use
of the property is residential and is naturally screened from adjoining properties due to the
topography and dense woodlands in the area. Other than the vacant lot across the road, all
adjoining lots are residential with improvements.
Staff became aware of the business when the applicant came in for a zoning review for a
business license. The applicant informed staffthat he has subcontracted several small j obs in
the past to augment his income, but would now like to work full-time for his business. It was
determined at the time of the zoning review that the business was not a permitted use on the
property without an approved CUP.
STAFF CONCLUSIONS FOR THE 06-06-01 PLANNING COMMISSION MEETING:
Staff is of the opinion that this application for a cottage occupation/welding business has adequately
addressed the requirements of the Zoning Ordinance. The business currently has minimal impact on
adjoining properties because of the natural physiography of the area. Staff has recommended the
comments below to help prevent future problems that could arise with the business. At this time, no
adverse comments have been made by any of the relevant review agencies.
Should the Planning Commission choose to recommend approval of this application, the following
conditions of approval would be appropriate:
1) All review agency comments shall be complied with at all times.
2) All welding shall take place within the existing garage.
3) Any outdoor storage must be kept within 15 feet from the existing garage, and must
be fully screened from adjoining properties and roads.
Randall E. Kump CUP #06-01
Page 3
May 25, 2001
4) In accordance with Cottage Occupation sign requirements, signage for the proposed
use may not exceed (4) four square feet in area. A sign permit will need to be issued
by the County Building Inspections Department prior to the placement of a sign.
5) Any expansion and/or change of use shall require a new CUP.
O:\Agendas\CON4MENTS\CUP's\2001\Rmdall Kump.wpd
25
61
-47- A26
47 -A --2B
C-MO6-01
Location Map For:
Kump, Randf
47 -A -2B
Office of Mapping and GIS, 05/01, ^bray
I
w
C-MO6-01
Location Map For:
Kump, Randf
47 -A -2B
Office of Mapping and GIS, 05/01, ^bray
11
RECEIVED
APR 1 0 2001 Submittal Deadline
P/C Meeting
DEPT. OFPIMNNiNGIDEVELOPMENT BOS Meeting '
APPLICATION FOR CONDITIONAL USE PERMIT
FREDERICK COUNTY, 'VIRGINIA
1. Applicant (The applicant if the Z owner other)
NAME: �" YlA-n L- 0"
n .
ADDRESS: / 1 J— ?) ftQ,) O 7 O ) • �aS its
TELEPHONE '�-qb r%M
2. Please list all owners, occupants, or parties in interest of
the property: -
'— P .
3. The property is located at: (please give exact directions and
include the route number of your road or street)
The property has a
depth of
(Please be exact)
W1, , , .
road fron age of \' UW' feet
feet and consists of 7
and a
acres.
5. The property is owned by = �- s
evidenced by deed from reco ded
(previous owner)
in deed book no. on page tjT I , as recorded in the
records of the Clerk of the Circuit Court,. County of
Frederick.
6. 14 --Digit Property Identification No. Q -
Magisterial District � _, 6j�R_(pf-'6
Current Zoning R
7. Adjoining Property:
USE ZZQNN�G
North rrssd�e✓f%d! <1,
East resi 'F ��,a�g.
South /�Sidc✓��al aod� �r�
West �LJiut/-�il 14Jc3� 1�%�
S. The type of use proposed is (consult with the Planning Dept.
before completing)
9. It is proposed that the following buildings will be
constructed:
10. The following are all of
the individuals, firms, or
corporations
owning property
adjacent to both sides and rear
and in front
of (across street from) the property where the
requested use will be conducted. (Continue on back if
necessary.)
These people will
be notified by mail of this
application:
. _A 3
1
�G f I)rZ-
NAME 2 w Y �
of 6 eA ILS
ADDRESS _
l..e,nn�-, U.A . aa-lYa-•�3/
PROPERTY ID#
-/-� - 3
t JUt'1
Tl
ADDRESS LIQ
NAME n
(!LtYtt�.
PROPERTY ID#
NAME
to 5v rl
ADDRESS
1 -3
F,4't
PROPERTY ID#
NAME'` i
_ ADDRESS If -a.
PROPERTY ID#
NAME U U
V,2) L-4jeS
ADDRESS
`7 7- A - d'-
Co Y ✓k a 37- �5 s
PROPERTY ID#
NAME ADDRESS
PROPERTY ID#
NAME ADDRESS
PROPERTY ID#
NAME ADDRESS
PROPERTY ID#
t
lop
Lo
R. "---WOO
.%"Ivor ArMe
save
4's
9L.EvArlc*v AND-
S&MVgry Fax- R
DAC.K COCE 91K,
AIV
camc'- "OP4,
bl
or
pj 4C &O'S jjo'1OL
ddMMMWO
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oloy XUAAP
A&isr#Jti*L CPIIS'rR'c.T
►C>Alary, viRcrinuA
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Nf*Th i
12. Additional comments, if any:
I (we), the undersigned, do hereby respectfully make application
and petition the governing body of Frederick County, Virginia to
allow the use described in this application. I understand that the
sign issued to me when this application is submitted must be placed
at the front property line at least seven (7) days prior to the
first public hearing and maintained so as to be visible until after
the Board of Supervisors' public hearing. Your application for a
Conditional Use Permit authorizes any member of the Frederick
County Planning Commission, Board of Supervisors or Planning and
Development Department to inspect your property where the proposed
use will be conducted.
Signature of Applicant
Signature of Owner���ro„fa
r v
Owners' Mailing Address
Owners' Telephone No. �� ) � Y- 9 17 1
TO BE COMPLETED BY ZONING ADMINISTRATOR:
USE CODE:
RENEWAL DATE:
37
P/C REVIEW: 06-06-01
BOS REVIEW: 07-13-01
Subdivision Application #13-01
Lands of Winchester North, Inc. and
Brentwood Investment Co.
LOCATION: The property is located off of I-81, Exit 317, at the intersection with Martinsburg
Pike (Route 11) and Welltown Road (Route 661).
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER: 43 -A -50A and 43 -A -52A
PROPERTY ZONING & PRESENT USE: Zoned: B2 (Business General) District; Land Use:
Commercial (Motel and Restaurant) and Vacant
ADJOINING PROPERTY ZONING & USE: Zoned B2 (Business General) District; Land Use:
Commercial
SUBDIVISION SPECIFICS: Subdivision and boundary line adjustment to create three lots from
lands totaling 7.0959 acres
REVIEW AGENCY COMMENTS:
Department of Transportation: No objection to the subdivision of this property. Before
development, this office will require a complete set of construction plans for review. Entrances will
have to be constructed to VDOT minimum standards to allow for safe egress and ingress of the
property. Access to VDOT facilities should be acquired via Route 1359. See attached letter from
VDOT to Greenway Engineering dated 03/13/01.
Fire Marshal: Plan approval recommended; no additional comments.
Building Inspections: No comment required at this time.
Sanitation Authority: No comment.
Subdivision #13-01, Winchester North, Inc./Brentwood Investment Co.
Page 2
May 24, 2001
Public Works/Engineering: We offer no comments at this time. We will perform acomplete review
at the time of site plan submission.
Planning and Zoning:
Public Meeting Requirement
The Subdivision Ordinance requires that land divisions in the B2 (Business General) Zoning District,
without an approved master development plan, be presented to the Board of Supervisors for final
approval (§ 144-12-B). The Master Development Plan (MDP) requirement may be waived, and has
been waived for this project, when a development proposal does not include provisions for proposed
roads and/or regional stormwater management facilities. This project contains land zoned B2 and
does not contain an approved MDP; therefore, Board review and action is necessary.
Staff Review
Two parcels of land are involved with this subdivision and boundary line adjustment and a third parcel
will be created from the proposed action. The parcel currently owned by Brentwood Investment
Company (43 -A -50A) is improved by a Ramada Hotel and a Denny's Restaurant. The second
existing parcel owned by Winchester North, Inc. (43 -A -52A) is undeveloped. This proposed action
will also vacate a 60' private right-of-way which served Parcel 43 -A -50A. The new tax parcel (43 -A -
52C) being proposed is currently vacant.
The proposed subdivision and boundary line adjustment would establish three lots: 3.384 acres,
1.5347 acres, and 2.1772 acres as indicated on the attached exhibit. Parcel 43 -A -50A will retain state
road frontage along Martinsburg Pike and Parcel 43 -A -52A will retain frontage along Welltown
Road. The new Parcel 43 -A -52C will have state road frontage on Welltown Road and Mercedes
Court.
STAFF SUMMARY FOR 06/06/01 PLANNING COMMISSION MEETING:
The applicant has satisfied all review agency comments associated with this subdivision proposal.
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TAX PARCEL o DB 762 PG 235 7'
y �� 43 -A -52C SEE DB 832 PG 1502 6 0
lv ,Plez / `�� 2.1772 ACRES ; ZONE B2 USE COMM. � �i 1
(UNIMPROVED) o
ADJUSTED
TAX PARCEL ' �EXL7OON OF
T UNE
43 -A -52A TO BE VACATED,
1.5347 ACRES
(UNIMPROVED) i
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/o X. LOON OF
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TO BE VACATED.
POOL
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EXIS77MG £CONOLODGE MOTEL
T.M. 43-A-50
OTHER LAND OF WINCHESTER NORTH, INC.
DB 585 PG 769
ZONE 82 USE COMM.n EXISTING RAA4iL14 INN MOTEL BUILDING ��
t --------- a u 1-N 4�5��4'
1 t. OFC.cwoPr ADJUSTED � e o�
RCEL
EXlS77NG EXXON SERVICE STATION + 1 R ENNYS 3 AA 50A
TU. 4J -A-49
L ± 3.3840 ACRES
WELLTOWN PIK£, LL.C. '
DB 913 PG 342
ZONE.82 USE COMM
O 60 0 60
O
GRAPHIC SME
MARTINSBURG PIKE
U.S. ROUTE 11NOT TO SCALE WIDTH, LIMITED ACCESS R/W
SEE DB 278 PG t
DATE: MAY 21, 2001 1
EXHIBIT
SCALE: I" - 60• SHOWING PROPOSED SUMMON AND BOUNDARY UNE ADJUSTMENT BETWEEN THE LANDS OF
DRAWN BY. RAE WINCHESTER NORTH, INC. AND BRENTWOOD INVESTMENT COMPANY
FILE N0. 0192
SHEET 1 of 1 WOMWAU. U407EW DISTRW,, FREDERK K =MY, VIRGINIA
GREENWAY ENGINEERING
En veers 151 Windy Hill Lane
Surveyors Winchester, Y19inia 22602
Telephone. (540) 662-4185
(540) 722-9528
Founded in 1971 FAX.'
www.greenwayeng.com
PC - 6'- C=ol
Bos- 7 11 --o 0
APPLICATION AND CHECKLIST
/SUBDIVISION
Kee FREDERICK COUNTY VIRGINIA
Date: —A/9/0/ Application # 13- Fee Paid
Applicant/Agent: C;)C66AlVJA 6 -Md *IJVECR/AJ
Address: 16J O Y TOLL A-4616'
ItJCST�tZ VPt 2.2.&02-
Phone:
2.&®7
Phone: 154,D - %!0 2. - 4-1 %5
Owners name: W 1AC-V8E5't P- NVICTA It4c. ' LC-IKM 4009 %V&gG!PMENT CD.
Address: % 321 TOkMEIM A04-00,501TC104 1321 E X424 SCASO ►TE 104.
A. jrj4 . TWDER'T G. 115Ec_1K
Phone: -7157 - 545 - 4100 757 - 5(o'S - A-
Please list names of all owners, principals and /or majority
stockholders:
W IMcAkea FORMA, 14C.
15%ZCw vjooP i IAV 5'STitimeAT cpm -P �
Contact Person: 12,15A BCL2 A. C- DO. 5
Phone: S'drO - (o & 2- - 4-105
Name of Subdivision: k096
Number of Lots 3 -4o-r A u. Total Acreage 7.090 AcX-=-.g
Property Location: 91 - Xy rr 31-7 1 4rc..r r„t W-4
r,� �z.-c•� f t5� c� .� �s 11�, (u .�S . �o�-r* t e 1 �y� -�o &A
'PLOAr'D CU C xrG (0(01) .
(Give State Rt.#, name, distance and direction from intersection
Magisterial District 51OVA F- W Ar(.,`,
Property Identification Number (PIN)) 41 -A -50A E -4.3-h-S2,A
9
Property zoning and present use : 43 - A - 5®k = 132- CZfitFC.CJPrL
Adjoining property zoning and 'use: 2 CdftimEar-IAL
Has a Master Development Plan been submitted for this project?
Yes No X
If yes, has the final MDP been approved by the Board of
Supervisors?
Yes No
What was the MDP title?
Does the plat contain any changes from the approved MDP?
Yes No
If yes, specify what changes:
Minimum Lot Size (smallest lot) 1, 5 34-? kcsLe5
Number and types of housing units in this development:
Number 1A,
Types N /A
9
C "MMONWEALTH of VIRGINIA
lu
CHARLES D. NOTTINGHAM
COMMISSIONER
Mr. Richard A. Edens
C/O Greenway Engineering
151 Windy Hill Lane
Winchester, VA 22602
DEPARTMENT OF TRANSPORTATION
EDINBURG RESIDENCY
14031 OLD VALLEY PIKE
EDINBURG, VA 22824
JERRY A. COPP
RESIDENT ENGINEER
March 13 2001
TELE(540)984-5600
/
FAX(540)984-5607
Ref: Winchester North, Inc. & Brentwood Investment Co.
Route 661, Welltown Road @ Route 11, Martinsburg Pike
Frederick County
Dear Rich:
A VDOT review has been completed on the final plat dated 02/21/01 for the referenced
project.
The plat appears to reflect the information shown on the approved project plans and is
therefore approved by this letter.
We are returning one (1) signed copies of the plat to your office, one copy is being
retained for our work file. Please provide one copy of the plat of dedication fully
signed and recorded at the appropriate County Clerk's Office prior to the
issuance of any land use permit from VDOT.
If there are any questions, please feel free to call.
13 A Sincer ,
7
Barry J. Sweitzer, Trans. Roadway E sneer
For: Steven A. Melnikoff, Transportation Engineer
BJS/rf
Enclosures
xc: Mr. Dave Heironimus
Mr. Evan Wyatt
WE KEEP VIRGINIA MOVING
FINAL SUBDIVISION PLAT AND BOUNDARY UNE ADJUSTMENT
BETWEEN THE LANDS 'OF
WINCHESTER NORTH, INC. AND
BRENTWOOD INVESTMENT COMPANY
STONEWALL MAGiS T ERiAL DISTRICT, FREDERICK COUNTY, VIRGINIA
FEBRUARY 21, 2001 REVISED: APRIL 3, 2001
Tonner Pl. ac �4- d�� co � Q`F
00d O,!
a 05'
EXIT
317
Route 37 S I rE vtcnqTY MAP
1" = 2000'
OWNER'S CERTIFICATE
THE ABOVE AND FOREGOING SUBDIVISION AND BOUNDARY LINE ADJUSTMENT BETWEEN
THE LANDS OF WINCHESTER NORTH, INC. AND BRENTWOOD INVESTMENT COMPANY, AS
APPEARS ON THE ACCOMPANYING PLATS, IS WITH THE FREE CONSENT AND IN ACCORDANCE
WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS AND TRUSTEES, IF ANY.
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF , TO WIT:
THE FOREGOING OWNER'S CERTIFICATE WAS
ACKNOWLEDGED BEFORE ME THIS _ DAY OF
, 2001 BY
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF , TO WIT:
THE FOREGOING OWNER'S CERTIFICATE WAS
ACKNOWLEDGED BEFORE ME THIS _ DAY OF
, 2001 BY
NOTARY PUBLIC I NOTARY PUBLIC
MY COMMISSION EXPIRES MY COMMISSION EXPIRES
SURVEYOR'S CERTIFICATE
I HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS SUBDIVISION IS (i) ALL OF
THE LAND CONVEYED TO WINCHESTER NORTH, INC. BY DEED DATED NAVE R 23, 1994
OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLERK'S ICE IN'DEED BOOK
830 AT PAGE 1545 AND (ii) ALL OF THE LAND CONVEYE T ENTWOO STMENT
COMPANY BY DEED DATED JULY 13, 1998 OF
RECORD IN SAID CLERK'S OFFICE IN DEED
BOOK 909 AT PAGE 1506. MARK D. SMITH, L.S.
NOTE: PARENT TAX PARCEL IDENTIFICATION
WINCHESTER NORTH, INC. 2.4968 ACRES 43 -((A)) -52A ZONE: B2 USE: VACANT
BRENTWOOD INVESTMENT CO. 4.5991 ACRES 43 -((A)) -50A ZONE: B2 USE: COMM.
APPROVALS:
FREDERICK COUNTY SANITATION AUTHORITY DATE
VIRGINIA DEPARTMENT OF TRANSPORTATION DATE �-11-
U V V '
MARK D. MITH 5
FREDERICK COUNTY SUBDIVISION ADMfNISTRATOR DATE No. 002009
GREENWAY EN INEERIING � d SURN/tN ��°�
151 Wordy Kat L we
%'47 Enginem Wwahestr, fluOda 2261x2
Tele re: (540) 662-41&5
FAX- (540) W-9128
FowuW ir.197I wwvpvcn*rymWcmn P0192 SHEET 1 OF 5
.r
rr
r,
10' PRIVATE -'34Mt j
SEWER EAS5WENT--.-r l — NEW PAX PARCEL 4J—A-52C
DB 822 PG 1608 !� / SEE SHEET 3
FORNER LOT UNE
N 5507100" E .�J / HEREBY VACATED
86.92'
j IRS „ 36939
POOL
G
N 1x47'00' E
131.80 �o
j ADJUSTED
TAX PARCEL
\0 3.3$40 ACRES
20' PRIVATE 5W.
SEMN EA 0VT \off
D8 519 PG 143
G
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VDH MOM
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ACCESS / JpS 80 0 80
FENCE
GRAPHIC SCALE (IN FEET)
REVISED: APRIL 3, 2001
FINAL SUBDIVISION PLAT & BOUNDARY LINE ADJUSTMENT
BETWEEN THE LANDS OF
WINCHESTER NORTH, INC. AND
BRENTWOOD INVESTMENT COMPANY
STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINW
SCALE: 1" = 80' DATE: FEBRUARY 21, 2001
151 Wm- dyili I ww
(54V) 66Z4Z85
FAX (50) 722-95W
Fo wuW in 1971 *vyeq& n
MARK D. SMITH 5;
No. 002009
F'0192 SHEET 2 OF 5
RO
\ \ s E"O� 661DO ez? �4D
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60B
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j 20' W47ERUNE�
� E�4SEl/ETlT
,ry DB 822 PG 1608 1
IRS \ ��•`1
v
S 56107100' W
86.92,
\
,� !D MER
LNE
T a HEREBY b 5/8-
h PQOL
I NEW
3 TAX PARCEL
Q 43—A -52C
2.1772 ACRES
2
IRS S
5D' BRL
N
SEE SHEET 5 FOR
CURVE DATA
N 7524'00' E
105.76'
MERCEDES
COURT
VA ROUTE 1359
50' RA
D8 822 PG 1608
S 52'41'34' E
105.44'
N 56107'00' E
1046
w
W
w
W-217.71' IRF
*�
INTERSTATE 81
m SOUTHBOUND LANE EXIT RAMP
VARMBLE WTH, LIWED ACCESS R/W
AAMP SEF D8 278 PG 1
80 0 80
e
GRAPHIC SCALE (IN FEET)
REVISED: APRIL 3, 2001
FINAL SUBDIVISION PLAT & BOUNDARY LINE ADJUSTMENT
BETWEEN THE LANDS OF
WINCHESTER NORTH, INC. AND
BRENTWOOD INVESTMENT COMPANY
STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, aIRGINK-
SCALE: 1" = 60' DATE: nORUAR2Y 21 2001
GREEMAY ENGINEERING
151 Wwrdy;f�r7iLT ane
�12gFJtEelS Wmi , Vusbda 22602
S Tekpfiom- (540) 662-4IS5
FAX (540) =-9528
Founded in 29n 'm'a= &c0m
MARK D. SOH a
No. 002009
�rY� l�rrE74T�
P01 SHEET 3 OF 5
N 13'33'18' E
S 762642' E
10.00,
IRS
25'.* --+-�
to
40
A
2
IRS
N 1137'10' E
48.89'
VDH MON.
I ' 11).
1 NEW T.M. 43 -A -52C
r SEE SHEET 3
i
i
S 76'2642' E — 191.89
jam± DMMGE EASEMENT ; "NS
"7 RG 1608
; S 12'47'00' W ZS
IDB
10' RAWATE SW.
131.80
�
� j
'IRS SEWER E &WDffD3
I
822 PC 1608
(70 REMNA()
I
�
�-
ADJUSTED
,
i
16'10'
�
E �
I TAX PARCEL
43 A 52A
i Ins
I /-
`
1.5347 ACRES,,..A... I� ::�
IRF
FORMER FORMER
f.R 'E - LOT UNE
HERESY
e VACATED.
.01
500r""�
80 0 80
GRAPHIC SCALE (IN FEET)
ypff
THE DOT—SHADED AREA SHOWN HEREON DENOTES AN
EXISTING RIGHT OF WAY FOR INGRESS AND EGRESS,
60 FEET IN WI07N, 771 T WAS ESTABLISHED BY DEED
D47ED DEC. 12, 1964 OF RECORD IN DEED BOOK
306 AT PAGE 170, WHICH IS HEREBY VACATED IN
IT'S ENTIRETY.
i.EGEAtD
BRL = BUILDING RESTRICRON UNE
PER ZONING ORDINANCE
IRF = 1/2' IRON RE34R FOUND
(UNLESS 0774ERWISE NOTED)
IRS = 5/8" IRON REBAR & CAP SET
RIW = RIGHT OF WAY
VDH MON. = CONCRETE HIGHWAY
MONUMENT FOUND
FINAL SUBDMSION PLAT & BOUNDARY LINE ADJUSTMENT
BETWEEN THE LAMDS OF
WINCHESTER NORTH, INC. AND
BRENTWOOD INVESTMENT COMPANY
STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA -
SCALE: 1" = 00' 1 DATE: FEBRUARY 21, 2001
GR ENWAY ENGINEERING
_ 151 Wv- * Yr L'mv
Surt�y°rsT&pim= (60-4185
FAX- (_.0) W-9528
FmuW in 1911-lr--►valvm* n
REVISED: APRIL 3, 2001
MARK D. S" 9
No. 002009
1 i
F0182 SHEET 4 OF 5
CURIE DATA
CURVE
DELTA
RADIUS
ARC
TANGENT
CHORD
Cl
61-50'42-
40.00'
43.18'
23.96'
N 44'28'39" E 41.11 '
C2
75"3121
25.00'
1-3,.00'
3295'
19.36
N 66'50'19" W 30,62'
C3
11,-3655
'09.06i'
84.07'
N 855j06" i9° 92.05'
AREA TABULATION
TM. 43—A-504 BRENTWOOD INVESTMENT COMPANY
EXIS77NG AREA OF TM, 43A -50A
LESS PORTION ADDED TO TM. 43 —A -52A
LESS PORTION TO CREATE NEW T.M. 4J—A-52C
ADJUSTED AREA
4.5991 ACRES
— 0.0631 ACRES
_ — 1.1520 ACRES
3.3840 ACRES
T.M. 43 —A -52A WINCHESTER NORTH. lNC.
EXISTING AREA OF TM, 4J—A-524 =
LESS POR77ON TO CREATE NEW TM. 4J—A-52C =
PLUS PORT70N OF TM, 43 A-504 ADDED =
ADJUSTED AREA =
2.4968 ACRES
— 1.0252 ACRES
+ 0.0631 ACRES
1.5347 ACRES
NEW TAX PARCEL 43 A -52C
POR77ON OF T.M. 43 —A -50A = 1.1520 ACRES
PLUS POR77ON OF TM, 4J—A-52A = + 1.0252 ACRES
TOTAL AREA = 2.1772 ACRES
/VO
THE BOUNDARY INFORMA77ON SHOWN HEREON IS EASED ON A CURRENT FIELD SURVEY BY
THIS FIRM.
NO TITLE REPORT FURNISHED. EASEMENTS MAY EXIST WHICH ARE NOT SHOWN.
7HE PROPERTY SHOWN HEREON LIES EN77RELY WITHIN ZONE C, AREAS OF MINIMAL FLOODING,
PER N.FLP. FLOOD INSURANCE R47E MAP PANEL No. 510063 0105B, DA7ED JULY 17, 1978.
REVISED: APRIL 3, 2001
FINAL SUBDMSION PLAT & BOUNDARY UNE ADJUSTMENT
BETWEEN THE LANDS OF F
WINCHESTER NORTH, INC. AND
BRENTWOOD INVESTMENT COMPANY'
STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA MARK D. SMITH
SCALE: N/A I DATE: FEBRUARY 21, 2001 NO. 002009
GRED;NwAY E G-im-MR1111I o�
—($�151 Wmdy HW Lame
Fm'nom Wv=Wner, V 3U
8 2'ePephm (540 85 R
FAX- (540) 722-9528
F'o-adsd in.197.1 tivP w'gramnv c= F0192 STET' 5 OF 5
COUNTY of FREDERICK
Department of Planning and Development
MEMORANDUM
TO: Frederick County Planning Commission
FROM: Evan A. Wyatt, Director
RE: MS (Medical Support) District Discussion
DATE: May 23, 2001
540/665-5651
FAX: 540/665-6395
On May 16, 2001, staff presented a working draft of the new MS (Medical Support) District to the
Planning Commission for discussion. The Development Review and Regulations Subcommittee
(DRRS) has been working on the development of this new zoning district since March 2001. Due
to the scope and scale of this task, the DRRS felt that it was important to have an ongoing discussion
at the commission level to ensure that the subcommittee is proceeding in the appropriate direction.
The Planning Commission provided staff with a great amount of positive feedback regarding the
proposed land uses and design standards for this district. The essence of this discussion included the
following:
Land Use Issues
Compare the land uses in the B-1 (Neighborhood Business) District with those in the MS
District to determine if there are additional compatible land uses that could be added to the
new district.
Concern was expressed with the allowance of gasoline filling stations in that a Sheetz-type
store may not be conducive to this district.
Design Standards
A VDOT Urban Design Standard for the street systems should be utilized for state -maintained
streets and private streets.
Subdivision of land along private streets would not be a concern based on the street standard.
A waiver provision could be applied for at the master plan stage with administrative approval
of plats.
107 North Kent Street • Winchester, Virginia 22601-5100
MS District Memo
Page -2-
May 23, 2001
Design Standards (Continued)
• Corridor appearance should be the focus along arterial and major collector roads.
• An increase in FAR and overall residential gross densities should be allowed in this district.
• Greater setbacks should be required between residential land uses, support service uses, and
medical uses.
• Additional height allowances should be given for medical uses, office buildings, and hotels to
make up for the greater setback requirements.
• Performance standards need to be established to include signs, lighting, building design for
support services, separation of vehicle travel areas for passenger cars and trucks, loading
space aspect, and scale of permitted manufacturing uses.
• Open space needs to be a design element of the overall master plan.
• Increased setbacks from adjoining parcels that are agricultural or residential need to be
provided.
• Ambulance air service needs to be located so as not to be obtrusive to adjoining parcels.
Staff has incorporated many of these comments into the draft ordinance that will be reviewed by the
DRRS on May 24, 2001. The issues agreed upon by the subcommittee will be discussed at the June
6, 2001 Planning Commission meeting. Staffwill provide the commission with a copy ofthe updated
draft ordinance at the meeting.
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/665-6395
MEMORANDUM
TO: Frederick County Planning Commission
FROM: Evan A. Wyatt, Director
RE: Woodlands Disturbance - Section 165-31B(7)
DATE: May 23, 2001
The County Administrator's Office has directed the Development Review and Regulations
Subcommittee (DRRS) to resurface the issue ofwoodlands disturbance allowances. The concern lies
primarily with RP (Residential Performance) District land that is heavily wooded and the associated
woodland disturbance allowances for this land.
Staff has proposed a two -phased approach to address this issue that has been approved by the County
Administrator's Office. The first phase would provide the landowner with a waiver provision similar
to that already in the ordinance for industrial parks, office parks, and shopping centers. The second
phase would be the development of a detailed ordinance that would be equitable and easily adapted
to the construction process.
The DRRS will consider the proposed text amendment associated with the first phase during their
May 24, 2001 meeting for action, and will be introduced to the concepts associated with the second
phase for discussion. The proposed text amendment recommendation and the issues and concerns
pertaining to the second phase will be presented to the commission for discussion.
Please find attached the approach that will be undertaken to accomplish this task with projected time
lines, as well as the proposed text amendment necessary to accomplish phase one. Staff asks that the
Planning Commission consider this information for the purpose of discussion.
107 North Kent Street , Winchester, Virginia 22601-5000
WOODLANDS DISTURBANCE - TWO -PHASED APPROACH
PHASE 1: Simple Text Amendment
Modify the Board of Supervisors' woodlands disturbance waiver provision to include RP District land
that has more than 50% woodlands coverage.
Estimated Time Line: 05/24/01
DRRS Meeting
06/06/01
Planning Commission Discussion
06/13/01
Board of Supervisors Discussion
07/02/01
Planning Commission Public Hearing
07/11/01
Board of Supervisors Public Hearing
PHASE 2: Progressive Text Amendment
Step 1) Implement Phase I
Step 2) Develop a woodlands disturbance "sliding scale" which provides a greater allowance
for disturbance of predominately wooded tracts, and establish a per lot planting
requirement to establish new tree growth.
Step 1 Estimated Time Line: 05/24/01 DRRS Meeting
06/06/01 Planning Commission Discussion
06/13/01 Board of Supervisors Discussion
07/02/01 Planning Commission Public Hearing
07/11/01 Board of Supervisors Public Hearing
Step 2 Estimated Time Line: Uncertain.
WOODLANDS DISTURBANCE - PRASE ONE PROPOSED TEXT AMENDMENT
Section 165-31B(7) No more than 25% of woodlands as defined shall be disturbed. The
Administrator may allow additional disturbance of the small areas where the
disturbance will alleviate potential health or safety problems and will not
significantly denigrate the overall environmental quality of the site. The Board
of Supervisors may allow larger woodland areas to be disturbed in shopping
centers, office parks, or industrial parks, or within RP Residential
Performance District parcels which contain woodland areas on 50% or more
of the total area. In such cases, mature trees shall be preserved to the
maximum extent possible and the functions of the woodlands shall be
preserved through the use of open space and landscaping. Woodlands shall
not be disturbed until a master development plan has been approved.