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PC 04-05-00 Meeting AgendaAGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia APRIL 5, 2000 4\ - 7:00 P.M. CALL TO ORDER TAB 1) February 15, 2000 and March 1, 2000 Minutes .............................. A 2) Application Action Summary, , , , , , , , , , , , , , , B ...... ..... ... 3) Committee Reports ............................................... (no tab) 4) Citizen Comments.................................................(no tab) PUBLIC HEARING 5) Conditional Use Permit 02-00 submitted by T. Phillip Wilfong to operate a Restoration Consultant business. This property is located at 514 Redland Road and is identified with -9 Property Identification Number 18 -A -18A in the Gainesboro Magisterial District. ®�0 (Mr.Cheran)......................................................... C 6) Conditional Use Permit #04-00 submitted by Crystal and Robert Repine to operate an Adult Care Residence (for six residents) in their home. This property is located at 200 Riverdale Circle and is identified with Property Identification Number 56-4-2-8 in the�jc Stonewall Magisterial District. (Mr.Cheran)........................................................ D - 7) Conditional Use Permit #05-00 submitted by Timothy W. Johnson to operate a Public Garage with Body Repair. This property is located at 4489 Martinsburg Pike and is q�l identified with Property Identification Number 33-A-92 in the Stonewall Magisterial ` District. (Mr. Cheran)........................................ .... Eck-' 8) Conditional Use Permit #06-00 submitted by Lawrence W. Wallace, III to have a Cottage Occupation for a gun smith shop. This property is located at 1421 Adams Road and is identified with Property Identification Number 12-5-21 in the Gainesboro Magisterial District. (Mr.Cheran)........................................................ F 2 9) Rezoning #01-00 of Powell's Plumbing, submitted by Greenway Engineering, to rezone 3.01 acres from B2 (Business General) to B3 (Industrial Transition). This property is located on Windy Hill Lane (Route 1370), west of Front Royal Pike (Route 522) in the Shawnee Magisterial District, and is identified by Property Identification Number 64 -A -4G. (Mr. Mohn)......................................................... G f�0) Rezoning #02-00 of Adams Family Limited Partnership, submitted by Painter -Lewis, P.L.C., to rezone 35.396 acres from MI (Light Industrial) to RP (Residential Performance). This property is part of the Airport Business Center, Section 11, is accessible from Bentley Avenue via Front Royal Pike (Route 522) and is identified by Property Identification Number 64-A-40 in the Shawnee Magisterial District. (Mr. Wyatt)......................................................... H PUBLIC MEETING 11) Request for an Exemption to the 50' Right-of-way Requirement, Section 144-31.C(3) f the Subdivision Ordinance, submitted by Betty Bowen on behalf of Thomas P. Martin or a two -lot subdivision. The proposed subdivision is located on Valley View Drive, off Old Bethel Church Road (Rt. 608), and is identified with Property Identification Number 41-A-9 in the Gainesboro Magisterial District. (Mr. Ruddy)..........................................................I 12) Request for an Exemption to the Access Requirements for Major Rural Subdivisions, g� Section 144-31.B(2), submitted by John E. Folds of Melbourne properties, Inc. for a ten- `a�F 4D lot, major rural subdivision. The proposed subdivision is located adjacent to the West Virginia State line, in the vicinity of Rt. 522 North, and is identified with Property Identification Number 2 -A -3A in the Gainesboro Magisterial District. (Mr. Ruddy) ......................................................... J DISCUSSION ITEMS 13) Proposed Amendment to the Frederick County Zoning Ordinance to permit Advertising Specialties - Wholesale (SIC #5199) uses in the B2 (Business General) Zoning District. (Mr. Mohn)......................................................... K 3 14) Discussion Regarding Revisions to the Wheatlands Master Development Flan #000- 89 (tentatively re -named "Shenandoah") (Mr. Tierney) ........................................................ L 15) Other MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION This meeting was held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on February 16, 2000. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; Gregory L. Unger, Back Creek District; Robert A. Morris, Shawnee District; Richard C. Ours, Opequon District; John H. Light, Stonewall District; W. Wayne Miller, Gainesboro District; Roger L. Thomas, Opequon District; George J. Kriz, Gainesboro District; Gene E. Fisher, Citizen at Large; Sidney A. Reyes, Board Liaison; Vincent DiBenedetto, Winchester City Liaison; and Jay Cook, Legal Counsel. ABSENT: John R. Marker, Vice-Chairman/Back Creek District; S. Blaine Wilson, Shawnee District; STAFF PRESENT: Evan A. Wyatt, Deputy Planning Director; Christopher M. Mohn, Planner I1; and Renee' S. Arlotta, Clerk. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. APPLICATIONS ACTION SUMMARY Chairman DeHaven accepted the report for the Commission's information. MEETING MINUTES - JANUARY 5, 2000 AND JANUARY 19, 2000 Upon motion made by Mr. Miller and seconded by Mr. Light, the minutes of January 5, 2000 were unanimously approved as presented. Upon motion made by Mr. Miller and seconded by Mr. Light, the minutes of January 19, 2000 were unanimously approved as presented. Frederick County Planning Commission Minutes of February 16, 2000 Page 478 -2 - Comprehensive Plans & Programs Subcommittee (CPPS) - 02/14/00 Mtg. Commissioner Robert Morris, CPPS member, reported that discussion centered on the Northeastern Land Use Plan. Historic Resources Advisory Board (HRAB) - 01/24/00 Mtg. Commissioner Robert M. Moms reported that Bessie Solenberger was elected as chairman and Martin Killenbeck was elected as vice-chairman of the HRAB; the majority of discussion centered on revitalization of the historic plaque program; the Rose Hill Farm will be receiving a plaque from the Board of Supervisors at their next meeting; and an application for a historic plaque was accepted for Cherry Road. Economic Development Commission (EDC) - 02/09/00 Mtg. Commissioner Roger Thomas said that a report was discussed on the EDC's activities and well-being for last year and the report showed that more industry is needed in Frederick County. Sanitation Authority (SA) - 02/15/00 Mtg. Commissioner W. Wayne Miller reported that the SA is continuing to pursue additional water supplies; working on an agreement for the use of water in Buffalo Marsh, near Middletown; construction bids are being accepted for the expansion of the Diehl Treatment Plant in Stephens City; the Diehl plant will be increased from four million gallons to six million gallons; drilling progress is continuing on the Long Acre Farm for a well for utilization by the SA; renegotiation of the water agreement with the City of Winchester is in progress; received a complaint from a resident concerning lime build-up in her water heater. Winchester Gly Planning Commission - 02/15/00 Mtg. Commissioner Richard C. Ours reported that the City Planning Commission discussed a conditional use permit for the old Sacred Heart Church, which is in the process of being converted into various uses; also passed was a conditional use permit for Access Independence to be able to establish an office in excess of 2,000 square feet in that building; also discussed was the concept of shared parking, which is shared Frederick County Planning Commission Minutes of February 16, 2000 Page 479 -3 - parking between locations that operate at different hours ofthe day; the shared parking must be within 300 feet of the uses sharing the parking_ CITIZEN COMMENTS Ms. Audrey Gilleskie, resident of the Gainesboro District, came forward to speak on the Master Development Plan for Cross Creek Village which is scheduled for later in the meeting. Ms. Gilleskie said that due to the fact that she must attend another meeting, she requested permission to speak at this point of the meeting. She requested that the Commission determine if the County is able to provide public facilities and services for the additional growth in the form of education, building and maintenance of roads, and fire department services. Ms. Gilleskie stated that despite the fact that the developer is marketing the development as retirement homes, there was no guarantee that this is the market type that will purchase them. She requested that the Commission acknowledge the increased costs that will be needed to be absorbed by the County in order to provide services for the homeowners that will come to expect them. PUBLIC HEARINGS 2000-2005 Agricultural and Forestal District Update. This public hearing is to consider the renewal of the South Frederick District, the Double Church Road District, and the Refuge Church Road District. The renewal of these districts will establish a total of 13,367 acres within the Agricultural and Forestal District Program for the ensuing five-year period. Properties that are incorporated into an Agricultural and Forestal District are guaranteed certain protections as specified in Section 15.2-4300 of the Code of Virginia. Action - Recommended Approval Deputy Planning Director, Evan A. Wyatt, explained that this is the first step in a two-step process for a public hearing for the update of the County's three agricultural and forestal districts, which include the Double Church District, the Refuge Church District, and the South Frederick District. Mr. Wyatt said that the Frederick County Agricultural District Advisory Committee (ADAC) reviewed the proposed update to the County's three Agricultural and Forestal Districts on February 7, 2000; all three districts are up for renewal in March of 2000. He continued, providing some background information regarding the history, purpose, and guidelines for the proposed districts. Commissioners inquired why some property owners were withdrawing from the larger district. Mr. Wyatt said that the reasons vary; some people have decided not to commit for financial reasons, some because of the regulatory restrictions of not being able to do five -acre lots, some do not have family to will the property to. Mr. Wyatt said that from a volunteer perspective, the property owners should be commended, in particular those from the South Frederick District, even those withdrawing, because these properties had been committed for 20 plus years. Frederick County Planning Conunission Minutes of February 16, 2000 Page 480 -4 - Commissioners asked whether family divisions were still permitted in the Agricultural Districts. Mr. Wyatt replied that in addition to permitting family divisions, agricultural lot divisions are allowed. Another question raised was whether there was a requirement for the property owner to prove they are actively farming or producing on the property in the Agricultural District. Mr. Wyatt replied that the Code does not set a minimum lot size, nor does it state that the land has to be in active agricultural use to qualify. Chairman DeHaven called for public comment and the following person came forward to speak: Mr. Bob Pownell of Shawnee District inquired whether the properties that will be withdrawn will be "open season" for five -acre lots. He asked if the possibility of changing the minimum lot size in the RA (Rural Areas) District from five -acres lots to ten, 15, or larger acre -tracts was being considered. Mr. Pownell believed the larger lot size would be advantageous towards keeping residential development within the Urban Development Area. Upon motion made by Mr. Miller and seconded by Mr. Ours, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the 2000-2005 Agricultural and Forestal District Update, which includes the renewal ofthe South Frederick District, the Double Church Road District, and the Refuge Church Road District. The renewal of these districts will establish a total of 13,367 acres within the Agricultural and Forestal District Program for the ensuing five-year period. Properties within each of the three districts are restricted from establishing traditional five -acre lot subdivisions and rural preservation lot subdivisions. Properties that are incorporated into an Agricultural and Forestal District are guaranteed certain protections as specified in Section 15.2-4300 of the Code of Virginia. Proposed Amendment to Chapter 165, Zoning, Article IV, Supplemental Use Regulations, Section 165-24 "Height Limitations; Exceptions" of the Frederick County Code. The proposed amendment would allow general office uses in the B2 (Business General) District and B3 (Industrial Transition) District and hotel and motel uses in the B2 (Business General) District to be exempt from the maximum height requirement. The amendment also stipulates that the height of such buildings may not exceed 60 feet. Action - Recommended Approval Mr. Christopher M. Mohn, Planner H, stated that a request has been submitted by Mr. Stephen M. Gyurisin of G. W. Clifford & Associates, Inc. to amend the Zoning Ordinance to permit general office uses in the B2 (Business General) and B3 (Industrial General) Zoning Districts and hotel and motel uses in the B2 (Business General) District to exceed the maximum permitted height of 35'_ Mr. Mohn stated that the Development Review & Regulations Subcommittee (DRRS) endorsed the proposed amendment at their meeting Frederick County Planning Commission Minutes of February 16, 2000 Page 481 -5 - on January 27, 2000. Mr. Mohn continued, stating that following the Planning Commission's discussion ofthis issue at their meeting of February 2, 2000, the staff added language to clarify the proposed amendment as requested. i`i-Ie noted that pursuant to Section 165-37.A.(3) ofthe Zoning Ordinance, when development is proposed within 1,000' ofexisting uses, the Planning Commission may require increased buffer distances or additional screening should they be deemed necessary to mitigate anticipated impacts. Staff believed that such authority may address the concern expressed by some commissioners regarding the adequacy of standard buffer and screening requirements to protect adjacent residential uses from buildings developed in excess of the maximum height requirement of 35'. Mr. Mohn pointed out that it was possible for staff to present any site plan involving hotel or general office development that is adjacent to existing residential development to the Commission for review and comment regarding the need for additional buffer distances, regardless of the proposed building height; if appropriate, such authority may be reiterated through the addition of language to the proposed amendment. A member ofthe Commission presented a possible scenario ofa B2 -zoned site with an existing residential area adjacent to it and all buffers have been met, however, part of the B2 -zoned area is vacant and the owner decides to construct a hotel, which is a by -right use. The question raised was how the site plan would be flagged within the system to be brought back before the Commission for review, and secondly, how would the Commission enforce a 1,000' buffer at that time. Concern was expressed that the end result could be 25 or so houses on the back side of a 60' tall hotel that would now be in the shade. Mr. Stephen M. Gyurisin of G. W. Clifford & Associates, Inc. believed that in addition to the existing ordinance, the modifications made to the proposed amendment at the Commission's February 2 meeting allowed for the protection of any residential use and allows the Commission to oversee that. Chairman Deflaven called for public comment, but no one came forward to speak. Commission members inquired if the fire marshal reviewed the proposal and, if so, what was the fire marshal's comment. Staff replied that according to the fire marshal, a 60' structural height can be accommodated by the County's ladder truck and a second ladder truck is also available in the City of Winchester. Commission members stated that they would be in favor as long as there was a mechanism available that would require the site plan to come before the Planning Commission when such height exceptions were proposed within 1,000' of existing residential uses. Commissioners agreed that a reference to Section 165-37.A.(3) of the Zoning Ordinance within the amended text would provide the desired mechanism. The Assistant County Attorney, Mr. Jay Cook, was consulted as to whether re -advertisement was necessary, ifthe additional notation was added to the proposed amendment. Mr. Cook replied that it would not need to be re -advertised. Believing that all controls were adequate, Mr. Miller moved to recommend approval of the amendment to the Board of Supervisors with the addition of the reference to Section 165-37.A.(3) within the text of the proposed amendment. This motion was seconded by Ours. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the proposed amendment to Chapter 165, Zoning, Article IV, Supplemental Use Regulations, Frederick County Planning Commission Minutes of February 16, 2000 Page 482 a Me Section 165-24 "Height Limitations; Exceptions" of the Frederick County Code. The proposed amendment would allow for general office uses in the 132 (Business General) District and B3 (Industrial Transition) District and hotel and motel uses in the 132 (Business General) District to be exempt from the maximum height requirement; the amendment stipulates that the height of such buildings may not exceed sixty (60) feet; the amendment would also make reference to Section 165-37.A.(13) of the Zoning Ordinance. PUBLIC MEETING Master Development Plan #02-00 of Cross Creek Village submitted by G. W. Clifford & Associates, Inc. for the development of 91 single-family small lot residences. The property is located on the north side of Apple Valley Road (Rt. 652), approximately 400' north of the intersection with Shady Elm Road (Rt. 651), adjacent to the Woodbrook Village development, and is identified with P.I.N. 63-A40 in the Back Creek Magisterial District. Action - Recommended Approval Commissioner Greg Unger stated that he had a possible conflict of interest in this item and would be abstaining from discussion and voting. Mr. Evan A. Wyatt, Deputy Planning Director, read the background information and review agency comments. Mr. Wyatt reviewed the issues identified by the staff regarding this master development plan (MDP) which included site access, the inter -parcel connector, pond disturbance, the zoning district buffer, the private street sidewalk waiver, and the evergreen planting adjacent to Plainfield Heights. He added that the staff believed the proposed MDP was consistent with the policies for suburban residential development as specified in the Land Use Chapter ofthe Comprehensive Policy Plan, and the overall gross density and general site layout was consistent with the requirements of the Zoning Ordinance and the Subdivision Ordinance. Mr. Wyatt further added that the applicant will need to address the issues identified by the staff and advise the Planning Commission how these issues will be designated on the final MDP. Mr. Charles W. Maddox, Jr. of G. W. Clifford & Associates, Inc., the design engineering firm, and Mr. James Vickers, President of Oakcrest Companies, the developer of this site, identified the key issues with the proposed master development plan. The applicants advised the Planning Commission that they are limited in their ability to situate the residential structures further from the 'Kernstown Battlefield property due to the location of the Apple Valley sewer line easement which traverses the northern end of the site and continues on to serve the future Coca-Cola facility. The location of this easement was established and the improvements were underway prior to the applicant's purchase of the property; therefore, there was not the flexibility to relocate this sewer line. Chairman DeHa.ven called for public comments and the following person came forward to speak: Dr. David Powers, one of the representatives to the Shenandoah Valley Battlefield National Historic District Commission and the Vice President of the Kernstown Battlefield Frederick County Planning Commission Minutes of February 16, 2000 Page 483 -7 - Association, spoke about the significance of the old historic road and its existence during the battles of 1862 and 1864. He believed the idea of a period rail fence to highlight the road was a good idea; he encouraged the use of the existing locust trees outlining the road; and he believed that screening throughout the project was of utmost importance. (Please also note Ms. Audrey Gilleskie's remarks under the "Citizen Comments" section.) The Planning Commission felt that the proposed access easement should be improved to the same standard as the private road system to allow for access between the Cross Creek Village subdivision and the Woodbrook Village subdivision. The Planning Commission felt that this would enhance safety for the residents by providing a secondary means of access for various services, as well as enhancing left turn movements onto Valley Pike at the Apple Valley Road intersection. The Planning Commission was amenable to allowing a waiver to the sidewalk requirement along the private road system, provided that the applicant's alternative walkway design accommodated a walkway access along Gooseberry Lane. The applicant agreed to continue the sidewalk along Gooseberry Lane, if the Commission would allow the four -foot walkways in areas that are adjoining the road and then the walkway would be increased to five feet in the open space areas. The Planning Commission was in favor of the proposed master development plan and recognized the innovative approach of the design. They believed all of their concerns could be adequately addressed by the applicant. Upon motion made by Mr. Miller and seconded by Mr. Ours, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Master Development Plan #02-00 for Cross Creek Village submitted by G. W. Clifford & Associates, Inc., for the development of 91 single-family small lot residences with the inclusion of a waiver of the sidewalk requirement, Section 165-29(A)(14) of the Zoning Ordinance regarding the requirement for sidewalks along private roads, with the extension of the walkway along Gooseberry Lane, and with the four - foot walkways, in lieu of five-foot, in areas that are adjoining the road. (Note: Commissioner Greg Unger abstained from voting on this item.) COMMITTEE APPOINTMENTS Liaison to the Economic Development Commission - Mr. Roger L Thomas Chairman DeHaven appointed Mr. Roger Thomas as the Planning Commission's liaison to the Economic Development Commission. Frederick County Planning Commission Minutes of February 16, 2000 Page 484 -8 - Appointments to the Comprehensive Plans & Programs Subcommittee - Mr. George Kriz and Mr. Gene Fisher Chairman DeHaven appointed Mr. George Kriz and Mr. Gene Fisher to the Comprehensive Plans and Programs Subcommittee. Appointment to the Development Review & Regulations Subcommittee - Mr. Greg Unger Chairman DeHaven appointed Mr. Greg Unger to the Development Review and Regulations Subcommittee. ADJOURNMENT unanimous vote. No further business remained to be discussed and the meeting adjourned at 9:00 p.m. by Respectfully submitted, Kris C. Tierney, Secretary Charles S. DeHaven, Jr., Chairman Frederick County Planning Commission Minutes of February 16, 2000 Page 485 MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION This meeting was held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on March 1, 2000. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; John R. Marker, Vice-Chairman/Back Creek District; Gregory L. Unger, Back Creek District; Robert A. Morris, Shawnee District; John H. Light, Stonewall District; S. Blaine Wilson, Shawnee District; W. Wayne Miller, Gainesboro District; George J. Kriz, Gainesboro District; Gene E. Fisher, Citizen at Large; Sidney A. Reyes, Board Liaison; and Jay Cook, Legal Counsel. ABSENT: Roger L. Thomas, Opequon District; Richard C. Ours, Opequon District; Vincent DiBenedetto, Winchester City Liaison STAFF PRESENT: Kris C. Tierney, Planning Director/ Secretary; Michael T. Ruddy, Zoning Administrator; Christopher M. Mohn, Planner II; and Renee' S. Arlotta, Clerk. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MEETING MINUTES - FEBRUARY 2, 2000 Upon motion made by Mr. Marker and seconded by Mr. Ours, the minutes of February 2, 2000 were unanimously approved as presented. APPLICATIONS ACTION SUMMARY Chairman DeHaven accepted the report for the Commission's information. Frederick County Planning Commission Minutes of March 1, 2000 Page 486 -2 - COMMITTEE REPORTS Development Review & Regulations Subcommittee (DRRS) - 02/24/00 Mtg. Mr. Michael T. Ruddy, Zoning Administrator, reported that discussion centered on a proposed amendment to the B2 Zoning District to allow a particular wholesale use as a permitted use. Transportation Committee - 02/29/00 Mtg. Mr. Michael T. Ruddy, Zoning Administrator, reported that the Transportation Committee discussed the 2000 Primary Road Improvement Plan. PUBLIC MEETINGS 2000 PRIMARY ROAD IMPROVEMENT PLAN FOR FREDERICK COUNTY Action - Recommended Approval Mr. Christopher M. Mohn, Planner Il, stated that the purpose of the 2000 Primary Road Improvement Plan is to advise the Commonwealth Transportation Board of the funding priorities for the Primary Road System in Frederick County. Mr. Mohn said that Frederick County representatives will be attending the 2000 Pre -allocation Hearings on Wednesday, April 12, 2000 at the Augusta County Government Center to present the plan to the Commonwealth Transportation Board. Mr. Mohn continued, stating that the 2000 Primary Road Plan continues to focus on the development of a new, limited access arterial corridor and improvements to existing major and minor arterial systems within the County's Urban Development Area. He said that the recommendations are consistent with the Winchester Area Transportation Study and the Interstate 81 Improvement Study and will complete the primary road system necessary to manage the traffic demands in Frederick County and the City of Winchester into the foreseeable future. Mr. Mohn reviewed each of the projects with the Commission. Mr. Jerry Copp, VDOT's resident engineer, and Mr. Norman Sparks, VDOT's assistant resident engineer, were available to answer questions from the Commission. The status of scheduled improvements to the Rt. 37/ Rt. 11/ Crown, Cork, & Seal Intersection was raised. Mr. Copp said there continues to be a problem resolving an issue between the railroad and Crown, Cork, & Seal concerning an agreed-upon crossing. He said that until this issue is resolved, it can not be advertised for improvements. Frederick County Planning Commission Minutes of March 1, 2000 Page 487 ISle The interchange at Rt. 277 and I-81 was next discussed. Mr. Copp said that VDOT's Chief Engineer has agreed that during the 1-81 design phase, they will examine the existing interchange and a proposed design involving the relocation of the existing interchange approximately one-half mile to the south. Mr. Copp said that during the design phase for Rt. 277, they are planning an "either/or" situation, whereby they will either tie into the existing interchange or they will turn Rt. 277 south and tie into the new interchange location. Mr. Copp believed that VDOT would have their next public hearing concerning Rt. 277 in either May or June in order to finalize things and then the County will know how to proceed on their planning efforts. Members of the Commission inquired about I-81 funding and improvements. Mr. Copp said that 80-90% of the I-81 funding is Federal and VDOT puts in the remainder. Mr. Copp spoke about the amount of money that was available and how much money is required to do the engineering alone. Mr. Copp said that four lanes are planned, two additional lanes each way, from Papermill Road to the Stephenson Interchange. He explained that in the Staunton District, which consists of 11 counties, this project is the second priority and consists of eight miles. He said that 12 miles in Harrisonburg is the number one priority and the Rt. 669 bridge, at the truck stop, is the number three priority. Mr. Copp added that if the funding becomes available, it would be six or seven years before the project could begin. Members of the Commission commented that Frederick County may be second in line behind all the emphasis in the northern Virginia area, as far as Federal funding is concerned. There were no public comments concerning the plan. The Planning Commission supported the Primary Road Improvement Plan as presented and upon a motion made by Mr. Miller and a second by Mr.. Marker, the Commission unanimously recommended approval of the plan. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the 2000 Primary Road Improvement Plan for Frederick County. Request for a Waiver to the 50' Right -of -Way Requirement, Section 144-31.C(3) of the Subdivision Ordinance submitted by Weichert Realtors on behalf of John W. Hanes, Jr. and John W. Hanes, III. The 29 -acre parcel is located adjacent to the West Virginia State Line and is identified with Property Identification Number 34 -A -127A in the Stonewall Magisterial District. Action -Recommended Approval Mr. Michael T. Ruddy, Zoning Administrator, said that staff has received a request from Ms. Sherry Davis -Pullen, of Weichert Realtors, on behalf of Mr. John W. Haynes, to gain an exemption from the 50' right-of-way width requirement ofthe Subdivision Ordinance, Section 144-31.C(3). Mr. Ruddy explained that Mr. Haynes owns a 129 -acre parcel in the Stonewall District adjacent to the West Virginia State Line; access to this property is via a private road with a 30' right-of-way width that connects to West Virginia Rt. 28/2, and not a Virginia State road. Frederick County Planning Commission Minutes of March 1, 2000 Page 488 -4 - Mr. kris Tierney, Planning Director, pointed out that what makes this exemption request an "unusual situation" is the question of whether Frederick County could realistically expect its subdivision requirements to be adhered to in the State of West Virginia. A member of the Commission stated that the purpose of the 50' right-of-way originated when the County established the policy of requiring state -maintained roads to serve more lots than what had been historically done in Frederick County. It was pointed out that a minimum 50' right-of-way is needed to build a state -maintained road. In this case, it is unusual simply because the right-of-way extends through West Virginia and Frederick County could not require anyone to build a state -maintained road through any portion of West Virginia. Commission members did not have a problem with that as long as the property owner understood that he may be restricted in the number of lots that can be divided off at some point in time, simply because of the inability to build a state -maintained road. Ms. Sherry Davis -Pullen, realtor with Weichert Realtors, stated that when she spoke with the adjoining landowners, they emphatically stated that they were not willing to sell any property for the right-of- way. She said that the landowners felt this road had existed this way for so many years and they did not see any reason to give up land to change it. There were no citizen comments. Upon motion made by Mr. Light and seconded by Mr. Wilson, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the granting of the exemption request to the 50' right-of-way waiver requirement of Section 144- 31.C(3) of the Frederick County Subdivision Ordinance as submitted by Weichert Realtors on behalf of John W. Hanes, Jr. and John W. Hanes, III. DISCUSSION ITEMS DISCUSSION REGARDING LOADING SPACE STANDARDS: The Development Review & Regulations Subcommittee (DRRS) proposes an amendment to Section 165-28, Loading Areas, which reduces several existing requirements and provides additional flexibility. No Action Taken Mr. Michael T. Ruddy, Zoning Administrator, stated that during the joint work session of the Planning Commission and Development Review & Regulations Subcommittee (DRRS) on December 15,1999, the two groups jointly affirmed the staff's interpretation of the Zoning Ordinance as it pertains to loading areas and, in particular, the applicable surface materials. At this meeting, the staff was directed to look at providing some flexibility for smaller industrial uses within the B3, M1, and M2 Zoning Districts. The Industrial Parks Association and several local engineering/design firms were consulted and also agreed that providing additional flexibility and a break for smaller -end uses was appropriate. He said that staff subsequently proposed an amendment reflecting those changes, which was sent to the DRRS for their January 27, 2000 meeting; however, Frederick County Planning Commission Minutes of March 1, 2000 Page 489 -5 - upon discussion of the pros and cons of paved and gravel surfaces, the DRRS favored the recommendation that would require paved standards for all loading spaces, as is currently required, and was opposed to the recommendation of applying less stringent standards to smaller -end users. Chairman DeHaven called for public comment and the following person came forward to speak: Mr. John Goode with the Shockey Companies sought clarification on two areas: whether or not the requirement for driveways, isles, and maneuvering areas had to meet the same standards for parking lots; and two, whether or not the handicapped section was exempt. Mr. Goode believed there was a need to consider some of the longstanding uses, such as the Shockey Companies and Perry Engineering, because the nature of these businesses does not allow for a lot of paving. He said that the heavy equipment tears up paving fairly quickly and, in fact, aggravates other things such as stormwater management. Commissioner W. Wayne Miller, a member of the DRRS, said that it was not the DRRS's intent to require paving where there would be heavy equipment operation and there was no intention of requiring re -paving of existing areas. Mr.Tiemey stated that it may be prudent to redefine the definition of "loading area" in the Zoning Ordinance to clarify the intent. The Planning Commission was generally in favor of the proposal and instructed the staff to incorporate the Commission's concerns into the definition and language to clarify the intent ofthe amendment. DISCUSSION OF COMMITTEE STATEMENT OF PURPOSE AND MEMBERSHIP Action - Unanimously Approved Mr. Kris C. Tierney, Planning Director, stated that at the Chairman's request, the staff has prepared a brief description of the Planning Commission's two current standing committees, along with some proposed language which addresses membership on the committees. The Commission discussed omitting the sentence under Membership on Committees of the Planning Commission which specified only Frederick County residents are eligible to serve. Members of the Commission said they were willing to consider "subject -matter experts" who were not residents of the County to serve on committees. Chairman DeHaven also believed that if a non-resident of the County is appointed, they should have voting status. The Commission was in favor of the remainder of the committee statement of purpose and membership as presented by the staff. Upon motion made by Mr. Marker and seconded by Mr. Kriz, Frederick County Planning Commission Minutes of March 1, 2000 Page 490 WOE BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously adopt the Planning Commission Committee Descriptions and Terms of Membership as a policy of the Commission with the omission of the third sentence in the third paragraph stating that, "Only residents of Frederick County are eligible to se^✓e." OTHER Committee Make -Up for Land Use Stud Mr. Kris C. Tierney, Planning Director, stated that at the Planning Commission's retreat, the issue of addressing land use and regulations in the rural areas of the County was ranked as the number one priority for this year. Mr. Tierney said there was discussion about resurrecting the Rural Issues Committee for the study; however, he preferred to handle this through existing committees, due to staffing issues. He explained that the general policy issues could be handled through the Comprehensive Plans & Programs Subcommittee (CPPS), because the types of issues they will need to address are similar in terms of general consensus -building, and the rules and regulations needed to fulfill those goals could be developed through the Development Review & Regulations Subcommittee (DRRS). Commission members believed the makeup ofthe existing committees would have to be much broader and larger. They predicted this to be a tough issue and believed that many more people, involving a broad spectrum of the community such as professionals, farmers, orchardists, etc., would need to be involved. Public meetings were also identified as an integral part of the process. Chairman DeHaven stressed the need to develop a plan for proceeding and getting the appropriate people involved. He requested that commission members get back to him with their thoughts and ideas about the makeup of the committee. Informal Presentation to the Commission Mr. Kris C. Tierney, Planning Director, reported that a group, which is considering a large project within the County, has requested an informal discussion with the Commission to present their project. Mr. Tierney said that the group had requested a special meeting or work session. He said this group will ultimately have a formal proposal, however, the project will involve significant ordinance amendments, should the County choose to accommodate it. Mr. Tierney felt it was important for the Commission to have an idea of the scope and type of project, rather thanjust having the staff present numerous amendments for which the Commission has no end focus in mind. Commission members discussed the appropriateness of allowing an informal discussion for someone who will ultimately be presenting a formal application. It was mentioned that, in the past, when the Commission routinely accepted informal discussions, perceptions sometimes unfortunately developed of Frederick County Planning Commission Minutes of March 1, 2000 Page 491 -7 - commitments of approval. Due to the magnitude of this potential project, as well as the understanding that no commitments will be made, the Commission decided to proceed with the request; however, they preferred to have the discussion at a regular Planning Commission meeting, so that a precedent would not be set. APPOINTMENT OF GEORGE J. KRIZ TO THE TRANSPORTATION COMMITTEE Chairman DeHaven appointed Mr. George J. Kriz to serve as the Planning Commission's liaison to the Transportation Committee. Discussion of Surface Materials in Conjunction with Loading Space Standards Several questions were discussed regarding specific language in the ordinance concerning surface materials and it was pointed out that some of the wording seems to be conflicting and sometimes leads to issues and concerns. One item in particular that was pointed out in Section 165-27(E)(1) concerned the statement that the "...parking lots shall be paved with a minimum of double prime and seal treatment or an equivalent surface..." and in another area, it was stated that the "...Zoning Administrator may determine that other hard -surface materials are appropriate for effective stormwater management and efficient maintenance..." Although the statements seemed to leave some room for interpretation, it was pointed out that the original intention might have been for cases in which, for example, gutter or curb was needed strictly for storm water management, in addition to the standard paving material, and the Zoning Administrator could require it under the provisions of that paragraph. Another area of concern in the ordinance involved an M 1 use outside of an industrial park versus an M 1 use within an industrial park, whereby the definition of an industrial park is tied to a master development plan (MDP). It was pointed out that large acreage within the County is designated for future industrial use and the problem arises when individual properties within that area have the ability to develop with a waiver of a MDP or individually, outside of an industrial park. These properties are not required to meet the same standards as those with a MDP and the result is a kind of "double -standard" on the type of site improvements that can be required. A concern was raised that if this was a potential "loop -hole" it will need to be addressed; the preferred option would be to have the same standards applied to the individual properties as what exists in that general area. After considerable discussion, the Commission believed that the standards should be tied to the zoning itself, instead of a definition. Members of the DRRS on the Commission said that their subcommittee would be willing to tackle the wording problems to help eliminate some of the contradictions. Frederick County Planning Commission Minutes of March 1, 2000 Page 492 ADJOURNMENT unanimous vote. -8 - No further business remained to be discussed and the meeting adjourned at 9:00 p.m. by Respectfully submitted, Kris C. Tierney, Secretary Charles S. DeHaven, Jr., Chairman Frederick County Planning Commission Minutes of March 1, 2000 Page 493 APPLICATION ACTION SUMMARY (printed March 24, 2000) 1, Application newly sub mi REZONINGS: Manuel C. & Pearl A. Deffaven & W.D. & Dorothy Omdorff (REZ #10-99) "Mr. Fuel" Stonewall 9.4382 acres from M2 to B3 and .8263 acres from RA to 133; 10.2645 ac. of IA Overlay District Location: 500'+ so. of intersection of Rest Church Rd. (Rt. 669) & Martinsburg A. (Rt. 11), betwn Rt. 11 & I-81, & continuing so. to Duncan Run. Submitted: 04/13/99 PC Review 05/05/99 - recommended approval with proffers BOS Review: 05/26/99 - tabled; applicant requested waiver of I - yr. requirement MASTER DEVELOPMENT PLANS: Cross Creek Village DP #42-00 Back Creek Residential Lots on 42.5 acres (RP) Location: AD e Valley Road t. 652) Submitted: 01/24/00 PC Review: 02/16/00 - recommended approval BOS Review: 03/08/00 - approved Admin. Approved: Pending Morgaine Trace Subdivision (NWP #01-00 Shawnee Residential Single -Family Detached Urban Lots on 38.1 acres Location: East side of Front Royal Pk. (Rt. 522), 1.2 mi. south of Airport Rd. (Rt. 645), 0.30 miles north of Paper Mill Rd. (Rt. 644) Submitted: 12/23/99 PC Review: 01/19/00 - recommended approval BOS Review: 02/08/00 - approved Admin. Approved: 03/08/00 Oakdale M, Raven Pointe, Raven Oaks, Ravenwin P #02-99 Shawnee 668 residential dwelling units on 247 acres of RP -zoned land Location: North side of Rt. 50, East of Winchester Submitted: 05/11/99 PC Review: 06/02/99 - recommended approval BOS Review: 07/14/99 - approved Admin. Approved: 03/02/00 Applications Action Summary Printed March 24, 2000 SUBDIVISIONS: Location: 11 Fairfax Pike 02/17/00 MDP #04-99 11 MDP approved by BOS 01/12/00; NIDP approved admin. 02/15/00 Subd. Admin. Prince Frederick Office Park, Phase II SUB #22-99 Shawnee Subdivision of 49.910 acres into 5 lots 2 Location: 1/4 mi. so. F Rt. 50E., 1/4 mi. east of Rt. 522N., immediately west of Prince Frederick Dr., immediately south of Winchester Reg. Airport Submitted: 09/30/99 MDP #001-93 MDP approved by BOS 04/14/93; MDP admin. approved 06/08/93 Subd. Admin. 'Approved: Pending Applications Action Summary Printed March 24, 2000 RavenWing, Section 1 SUB #20-99 Shawnee 80 single-family urban lots on 24.5711 acres Location: North side of Rt. 50 East of Winchester Submitted: 08/27/99 MDP #02-99 MDP Approved by BOS 07/14/99; Admin. Approval is Pending Subd. Admin. Approved: Pending Merriman's Chase (SUB #13-99) Back Creek I Subdivision of 26.895 ac. into 48 single - I family residential lots Location: W. side of Merriman Ln. (RI. 621), along Rt. 37 at Abrams Creek and Winchester & Western Railroad Submitted: 04/26/99 MDP #006-98 (formerly known as Willow Branch) Approved by BOS 01/13/99; Admin. Approved 02/12/99 Subd. Admin. Approved: Pending The Camp/Tasker Rd. (JASBO, Inc. /F. Glaize) (SUB #011-99) Opequon Subd. of 50.52 ac. into 170 single-family residential lots Win 3 sections Location: So.west comer of Tasker Rd. (Rt_ 642) & White Oak Rd. (Rt. 636) Submitted: 02/18/99 MDP #004-98 (Tasker Rd. Lana Bays) MDP approved by BOS 07/08/98; MDP approved admin. 09/04/98 Subd. Admin. Approved: Section I approved 10/27/99; Sections 2 and 3 are pending Autumn Glen, Sect. I SUB #015-98 Opequon 21 lots - duplex & multiplex (52 dwellings) on 14.8 ac. ) Location: South side of Tasker Rd. (Rt. 642), 0.25 mi. East of Rt. 647 Submitted: 06/30/98 MD 04-98 (Tasker Rd Land Bays) MDP approved by BOS 07/08/98; MDP Pending Admin. Approval Subd. Admin. Approved: Phase I approved on 11/04/98 for 21 dwellings Applications Action Summary Printed March 24, 2000 Dominion Knolls (SUB #005-97) Stonewall 75 s.f. zero lot line lots on 20.278 ac. P Location: So.west corner of Baker Ln. (Rt. 1200) & Ft. Collier Rd. (Rt. 1322) Submitted: 05/16/97 MDP #001-97 Approved by BOS 04/09/97; Admin. Approved 06/30/97 Subd. Admin. Approved: Sect. 1 (25 lots) approved 06/02/98; Sect. 2 approved; Sect. 3 ndin Winchester -Fred Co. IDC SUB Back Creek 2 M1 Lots 0.552 acres & 20.285 acres Location: Southeast side of Development Lane OSubmitted: 09/08/95 MDP #003-87: Approved by BOS 07/08/87; Admin. Approved 06/08/88 Pending Admin. Approval Awaiting signed plats. Abrams Point, Phase I SUB Shawnee 230 SF Cluster & Urban Lots Location: South side of Rt. 659 Submitted: 05/02/90 PC Review: 06/06/90 - recommended approval BOS Review: 06/13/90 - approved Pending Admin. Approval: Awaiting deed of dedication, letter of credit, and signed plat SITE PLANS: Applications Action Summary Printed March 24, 2000 Applications Action Summary Printed March 24, 2000 6 Premier Reticles, Ltd. SP #07-00 Back Creek Wholesale Trade & Office; 4,000 s.f. bldg. on 1.0 ac. parcel 3 Location: Commonwealth Court, off Valley Pk. (Rt. 1 i Submitted: 01/30/00 Approved: 03/06/00 Outreach to Asia Nationals SP #06-00 Gainesboro Addit. to exist bldg. for humanitarian aid, residence, & church Location: Off Rt. 522 North, 0.6 mi. north of Hunting Ridge Rd. Submitted: 02/01/00 Approved: Pending Coral Graphics Services, Inc. SP #05-00 Back Creek 6,600 s.f. warehouse addition to an existing 31,973 s.f. industrial bldg. @11 Location: 160 Industrial Drive Submitted: 01/14/00 Approved: 03/13/00 Winchester Regional Airport Authority SP #04-00 Shawnee Aircraft Parking Apron; 2.3+ acres to be developed; (AP1) Location: Winchester Regional Airport at 491 Airport Road Submitted: 01/11/00 Pending Approved: Pending Signet Screen Printing SP #03-00 Stonewall 10,000 s.f. warehouse for printing; 0.98 acres 2 Location: South side of Ft. Collier Rd., 460' east of Baker Lane Submitted: 01/06/00 Approved: Pending Applications Action Summary Printed March 24, 2000 Grace Brethren Church SP #02-00 Stonewall Church; 3 ac. developed of a 22.6 ac. tract Location: Rt. 656 Submitted: 01/06/00 Approved: 03/02/00 AMK Products, Inc. SP #Ol-00 [Shawnee Phase I -12,000 s.f. warehouse 1 Location: 800 Airport Road Submitted: 01/18/00 Approved: Pending Powell's Plumbing (SP #67-99) Shawnee office & storage for bldg. -related con- truction; 1.0366 ac. 1 w/ Flex Tech Location: Muskoka Court, adjacent to Airport Rd.; Airport Business Center, Section 2, Parcel 20 Submitted: 12/06/99 Approved: Pendin Central Coca-Cola Bottling Co., Inc. SP #55-99 Back Creek 400,000 s.f. multi -phase mfg. facility; 24.87 ac. site 1 Location: Intersection of Shady Elm Rd. & Apple Valle Rd. Submitted: 10/21/99 Approved: 03/13/00 Jim Wilson Warehouse #2 SP #49-99 Stonewall Reconstruct 30,000 s.f. warehouse bldg. On existing foundation 1 Location: Lenoir Drive Submitted: 08/31/99 Approved: Pending Applications Action Summary Printed March 24, 2000 Irongate, Inc. (SP #48-99) Opequon Addit, to exist steel fabrication shop; 0.25 ac. develop. on 1.438 ac. site 1 Location: 201 Ridings Lane Submitted: 08/30/99 Approved: Pending Park Place Condominiums, Section II SP #44-99 Shawnee 88 unit apartment complex; 9.52 ac. of 11 - ac. parcel developed (RP) Location: S.E. corner of Valley Mill Rd. (Rt. 659) & Brookland Ln. (Rt. 658) Submitted: 08/18/99 Pending Approved: Pending Stonewall Industrial Park, Lots 26, 27, & 28 SP #42-99 Gainesboro 10,450 s.f. office/ 154,325 s.f. warehouse; 12.08 ac. parcel 1 Location: McGhee Road; Stonewall Industrial Park Submitted: 07/30/99 Approved: Pending LShenandoah Valley Baptist Church SP #40-99 Opequon 2- 756 s.f. additions to existing church bldg. for storage use Location: 4699 Valley Pike Submitted: 07/12/99 Approved: 11 Pending Lexington Court (SP #38-99) Opequon Single-family & Multi -family Residential Use Location: Fairfax Pike (Rt. 277 Submitted: 07/14/99 Approved: Pending Applications Action Summary Printed March 24, 2000 Kim & Marietta Walls SP #34-99 Stonewall office (132); 1.58 ac. parcel (1.0 ac. in City of Wine.; 0.58 ac. in Fred. Co. Location: 909 North Loudoun St. Submitted: 06/22/99 Approved: Pending Winc.-Fred. Co. Chptr. of the American Red Cross (SP #23-99parcel Stonewall 16,160 sq.ft office facility on 2.0213 ac. 2 Location: E. side N. Frederick Pk; approx. 1/4 mi. N. of Winc. Corp. limits Submitted: 05/13/99 Approved: Pending Kim Henry Property - Mini Warehouse SP #057-98 Stonewall 7,504 s.f. warehouse; 4 ac. developed of a 7.74 ac. site 3 Location: Intersection of Baker Lane & Fort Collier Road Submitted: 08/26/98 Approved: Pending Moffett Property (SP #050-98) Stonewall Metal warehse. addition (4,800 g.s.f.); 1.392 ac. site; 0.465 disturbed 3 Location: 1154 Martinsburg Pike Submitted: 07/21/98 Approved: Pending T.P. & Susan Goodman SP #044-98 Stonewall Hackwood/ Minor Site Plan (RA) Location: 534 Redbud Road Submitted: 06/10/98 Approved: Pendin Applications Action Summary Printed March 24, 2000 10 Southeast Container (SP #001-98) Stonewall District 11 Parking Lot; 0.2 ac. Disturbed on a 1 89.6 ac. Site (Mi) Location: Ft. Collier Industrial Park Submitted: 01/06/98 Approved. Ip Pending Agape Christian Fellowship Church Sanctus (SP #005-97) Shawnee Church Expansion; 2.5 ac. to be developed of a 29.5115 ac, site (RA) Location: East side of Rt. 642; approx. 2,500' so. of the Rt. 37/1-81 Interch . Submitted: 02/12/97 Approved: Pending Shenandoah Bldg. Supply (SP #056-96) Gainesboro Warehouse on 5 acres (Ml) Location: 195 Lenoir Drive (Stonewall Industrial Park) Submitted: 12/16/96 Approved: q Pending Stimpson/Rt. 277 Oil & Lube Service (SP #030-96) Opequon Oil & Lube Serv., Car Wash, Drive - Thru on 2.97 ac. (B2) Location: 152 Fairfax Pk. (behind Red Apple Country Store) Submitted: 07/03/96 Approved: Pending American Legion Post #021 SP #018-96) Stonewall Addition to lodge building on 3.4255 acre site (B2) Location: 1730 Benyville Pike Submitted: 04/10/96 Approved: Pending Applications Action Summary Printed March 24, 2000 11 CONDITIONAL USE PERMITS: Location: 3392 Papermill Rd. (Rt. 644), approx. 1,800' south of I-81 & City of Winchester limits Submitted: 02/23/00 PC Review: not yet scheduled BOS Review: not yet scheduled Applications Action Summary Printed March 24, 2000 12 SBA, Inc. (Richard Miller Cooley Property) (CUP #03-99) 1 Opequon 1 1 Commercial Telecommun. Facility: 250' self-supporting lattice tower (RA) Location: 173 Catlett Lane, Middletown Submitted: 03/12/99 PC Review: 04/07/99 - tabled at the applicant's request for 90 days to 07/07/99; 07/07/99 - tabled at the applicant's request for 30 days to 08/04/99 08/04/99 - tabled at the applicant's request indefinitely BOS Review: not yet scheduled Applications Action Summary Printed March 24, 2000 13 PC REVIEW: 04/05/00 BOS REVIEW: 04/26/00 CONDITIONAL USE PERMIT #02-00 T. PHILLIP WILFONG Cottage Occupation - Restoration Consultant LOCATION: This property is located at 514 Redland Road. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBERS: 18 -A -18A PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) District; Land Use: Residential ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) Districts; Land Use: Residential PROPOSED USE: Cottage Occupation - Restoration Consultant REVIEW EVALUATIONS: Virginia Dept. of Transportation: In accordance with the laws of the Commonwealth of Virginia, no private advertisement sign can be placed on the State's right-of-way. Prior to erection on private property, a permit may have to be applied for through our District Office in Staunton. You may do so by contacting Mr. Larry Curry at (540) 332-9098. Inspections Department: Structure shall comply with the Virginia Uniform Statewide Building code and Section 312 of the BOCA National Building Code/1996. Note section 3102 of BOCA for sign permit requirements. Fire Marshal: Driveway must be kept cut back to accommodate Fire & EMS access; plan approval is recommended. Health Department: The Health Department has no objection as long as there is no increase T. Phillip Wilfong CUP 402-00 Page 2 March 27, 2000 in water use due to employees or patrons of the business. There are to be no employees other than the current residents/family members on the property. Sanitation Authority: No comment. City of Winchester: No comments. Planning and Zoning: The applicant is currently operating as ahome occupation and would expand to service customers at this property. A restoration consultant business of this scale in the RA (Rural Areas) Zoning District would qualify as a home occupation. However, due to the desire to have a sign associated with this business, approval as a cottage occupation is necessary. The business will be conducted wholly within the principal dwelling. The adjoining properties are set back 50 feet from the structure where this business will be operating. Based upon the limited scale of the proposed use and evaluation of this property, it appears this use would not have any significant impacts on the adjoining properties. STAFF CONCLUSIONS FOR THE 04-05-00 PLANNING COMMISSION MEETING: Staff recommends approval with the following conditions: 1. All review agency comments shall be complied with at all times. 2. No storage of any equipment associated with this business on the property. 3. Any proposed business sign shall conform to Cottage Occupation sign requirements; sign shall not exceed four (4) square feet. 4. Any change of use or expansion of the business will require a new Conditional Use Permit. 0:\Agendas\COMMENTS\CUP's\2000\W i lfong. CUP.wpd -00 -(e Submittal Deadline t� P/C Meeting �/ Lll- ' zsbol �T BOS Meeting 43-22-ofl DFAPPIi�CI�'. f6koib CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (The applicant if theowner other) NAME: -T, � N 3�' �xt I LF O�A L -r ADDRESS : 5 -14 - TELEPHONE 1 41�%-f� TELEPHONEj �{ip -- 2�E3 - *0 Gj 2. Please last all owners, occupants, or parties in interest of the property``: LSP- _1(!--� 3. The property is located at: (please give exact directions and include the route number of your road or street) "tom r�� E T-0- IS S RST R1!1j-T WM 4. The property has a road frontage of Z6- feet and a depth of IS -00 feet and consists of [o acres. (Please be exact) 5. The property is owned by t4P as evidenced by deed from T F recorded (previous owner in deed book no. '1 i on page `, as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. 14 -Digit Property Identification No. 1 Ah Magisterial District �A4jISGCP-CD Current Zoning Z,& 7. Adjoining Property: USE ZONING North PLIA- East R4 South West 4 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 `U )Jvoco Signature of Owner Owners' Mailing Address Owners' Telephone No. a4p- TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: ,J A jN 8 :i 0 0EPT, 0F FkilIa i JC GEUC=LOF ;ic `iT .\ •�, pig'. 2 � � Q' � ry 5.0663 ACRES DB 487—P 732 y stoawu. DB 636—P 462 Iy From. ! ! OHT - Overhead Te;ephoneten. - Utility PoeI i ! 1 t/2 Story, my supervision and there' are no encroachments or ! Frain. 1r ! Fmia BuI&I e � � ! o A� f l BuDdhntocaftw Sw'Vvy 1 ! 0tho Iced of L3 ' S 043755 W l 8J.211 L9S 533'45 E 46:43 �&RF L10 S 623243- E 50.13 Lti S 535112 4959 4' \ m 1 �STCvYc M2 I S 485938 E 1 58.34 0.3568 AC. S 1 �A'j DB 743—P 296 IR�f-Iron Rod Found ?s'i ! F OHP7 -Overhead Pnrrer, TelephoneSURVE ! ! OHT - Overhead Te;ephoneten. - Utility PoeI i ! 1 t/2 Story, my supervision and there' are no encroachments or Bleak t Frain. 1r ! Fmia BuI&I Stam D+nOMpi ! -1' Compcalte Owndary and 1 H D c BuDdhntocaftw Sw'Vvy 1 ! 0tho Iced of 14 Gaenesboro Ma isterfal L3 ' S 043755 W l 8J.211 L9S 533'45 E 46:43 �&RF L10 S 623243- E 50.13 Lti S 535112 4959 4' \ m 1 �STCvYc M2 I S 485938 E 1 58.34 0.3568 AC. S 1 �A'j DB 743—P 296 IR�f-Iron Rod Found IRS - Iron Rod Seth OHP - Overhead Power OHP7 -Overhead Pnrrer, TelephoneSURVE fOR'S CERTIFICATE OHT - Overhead Te;ephoneten. - Utility PoeI hereby certify that the information shown on this plat Is based on an actual fleld surrey glade under NOTES:_ my supervision and there' are no encroachments or 1. The lot shown hereon coos not lie �t visible easements unless shown. a designated 100 year flocdptain. 2. No title report furnished W 3. Easements other than shown may axUt oticAt Compcalte Owndary and 1 H D c BuDdhntocaftw Sw'Vvy 1 0tho Iced of R.Q Fay and .lona# Fay Gaenesboro Ma isterfal Ola rfct Frederick Count Zr infa LAS _ ERTIFICr�TE-N SATE Septcrtoer 15, 1994 Scale: t'-150' Suns data September 14, 1994 U '_197 a glibert w. clifford da assoclates, Inc. CERT FIED ENGINEERS - LAND PLANNERS - SURVEYORS LAND SURVEJ'CR 130-0 ads sM Driv. Fradw-kkeburq, *91Afa X2401 200 North Carron SbvA 8tieheaw *,*ft 22601 - (iA3i 888-•2115 (703) 667-213e Q. The type of use proposed is (consult with the Panninq Dept before completing) �� 4 I 2z fs1 H =, F (-Prlfrr"� Eli M In �-f o fin v�w-- 9. It is proposed that the following buildings wit �e 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: NAME 2LA% AITA COFFtrt)411 ADDRESS 1LaQG-'bb. PROPERTY ID# `6 —A-- 14 - NAME _ / L C-� `jN,C-!� ADDRESS - ,B C r . PROPERTY IDI� I g� �- 1� C &0SZ TUAG imSVA NAME 4C'(�1�1 w, Gh M ©C+ 4w PROPERTY ID# lb -A- I t) ADDRESS1-3Ce lt�O C PROPERTYWINCH C--6TM9Q-3V)r. ,� � �. w •. r q7 - o A PROPERTY ID#t'�y'.r • ir/ U ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME PROPERTY IDS s ADDRESS PC REVIEW: 04/05/00 BOS REVIEW: 04/26/00 CONDITIONAL USE PERMIT #04-00 CRYSTAL AND ROBERT REPINE Assisted Living Facility LOCATION: This property is located at 200 Riverdale Circle. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 56-4-2-8 PROPERTY ZONING & PRESENT USE: Zoned RP (Residential Performance) District; Land Use: Residential ADJOINING PROPERTY ZONING & USE: Zoned RP (Residential Performance) Districts; Land Use: Residential PROPOSED USE: Assisted Living Facility REVIEW EVALUATIONS: Virginia Dept. of Transportation: No objection to conditional use permit for this property. However, prior to operation of the business, a commercial entrance must be constructed to our minimum standards to allow for safe egress and ingress of the property. Any work performed on the State's right-of-way must be covered under a land use permit. The permit is issued by this office and requires an inspection fee and surety bond coverage. Inspections Department: Existing building and addition shall comply with the Virginia Uniform Statewide Building code and Section 310, Use Group R (Residential) of the BOCA National Building Code/ 1996. Note: Please be aware that a change of use building permit shall be required if more than five lodgers or boarders are housed within a single/one-family dwelling. If the number requested is to remain at six, please submit a floor plan of the building at the time of change of use permit application. Crystal and Robert Repine CUP Page 2 March 24, 2000 Fire Marshal: Smoke detectors and portable fire extinguishers on each floor. Plan approval is recommended. Health Department: Please see attached letters dated January 18, 2000 from Karl E. Evans, Environmental Health Supervisor. Gity of Winchester: No comment. Planning and Zoning: The Zoning Ordinance allows for an assisted living facility with a Conditional Use Permit in the RP (Residential Performance) Zoning District. This assisted living facility will be located in the principal structure, and be limited to six (6) elderly adults. In light of the Health Department comments, staff would recommend that the applicant addresses these comments within 90 days of approval. The adjoining properties are located 25 feet from the principal structure where the business will be located. Based upon the limited scale of the proposed use and evaluation of the property, it appears this use would not have any significant impacts on the adjoining properties. STAFF CONCLUSIONS FOR THE 04-05-00 PLANNING COMMISSION MEETING: Staff recommends approval with the following conditions: All review agency comments shall be complied with at all times. 2. Health Department comments shall be addressed within 90 days of approval. 3. This assisted living facility shall be permitted to provide for a maximum of six ( qualifying adults. 4. No business sign will be permitted. 5. The applicant shall satisfy all licensing requirements of the Virginia Department of Social Services and the County of Frederick. 6. Any change of use or expansion of the business will require a new Conditional Use Permit. J yJ f - i 7 E Lori. Fairfax Environmental Health District 107 N. Kent St. an• P. O. Box 2056 Winchester, Virginia 22604 ® (540) 722-3480 FAX (540) 722-3479 Counties of Clarke, Frederick, Page, Shenandoah, Warren, and City of Winchester January 18, 2000 RE: Conditional Use Permit Comments TM # 56-4-2-8 Robert and Crystal Repine 200 Riverdale Circle Stephenson, VA 22656 Dear Mr. and Mrs. Repine: Your conditional use permit application for an assisted living home has been reviewed and applicable comments are listed below: SEWAGE -A copy (letter enclosed) of your application has been forwarded to the Department of Environmental Quality. As this office will not be commenting on sewage disposal, the comments will have to come from DEQ. WATER -It appears that the existing well at your property will be adequate to meet current Virginia Code requirements. It will be necessary for this office to evaluate your well location to confirm that there are not any environmental hazards that may impact your well. You will be required to submit water sample reports as listed below: Sampling Frequency - Bacteriological Quality: One time per year for coliform bacteria. Nitrate/Nitrite (Total Nitrogen): The first year and every 3 years thereafter. FOODSERVICE -This office will be coordinating with the Virginia Department of Social Services and will be supplying comments regarding your Foodservice as requested. We will inspect the Foodservice facilities as requested by Social Services. If all of the above items are found to be suitable and in compliance with applicable codes and regulations, we have no objections to your proposal. If you have any questions, please call. 'SSincerely, Karl E. Evans Environmental Health Supervisor Lord Fairfax Environmental Health District 107 N. Kent St. P Q. Box 2056 Winchester, Virginia 22604 (540) 722-3480 FAX (540) 722-3479 Counties of Clarke, Frederick, Page, Shenandoah, Warren, and City of Winchester January 18, 2000 RE: Conditional Use Comments Crystal & Robert Repine Tax Map ## 564-2-8 Department of Environmental Quality C/O Keith Fowler P.O. Box 1129 Harrisonburg, VA 22801 Dear Mr. Fowler: This office has received a request for "Conditional Use Permit Comments" from Mr. and Mrs. Repine regarding the construction of an assisted living home at their residence. This process is required by the Frederick County Office Planning and Development. Frederick County is requesting the complete application from the Repine's by February 4, 2000. Our office has worked with Mr. and Mrs. Repine in an effort to find an area for onsite sewage disposal, but we did have negative results. It is my understanding that Mr. Pat Racey will be submitting an application for a discharging permit to your attention. As the local health department will not be involved in the evaluation or approval of the discharging system, we will not be able to make comments regarding the sewage disposal for the project. It is my hope that you will be able to draft comments and forward them to Mr. and Mrs. Repine, so that they can continue the condition use process. I have included a copy of their application with this letter. If you have any questions, please call. Thanks for your assistance with this matter. ISincerely, Karl E. Evans Environmental Health Supervisor i 06 W-1 'I s 0 1 - _ '_ ' Repine'•' "Coles �- :Grubb -,,1 --------�- Cole Payton f Doyle p ther c� l----- !Y sQ 1`h e to Coup i 9s BURNT FACTORY CUP #04-00 PIN: 56-4-2-8 Crystal & Robert Repine Produced by Frederick County Planning and Development, 03-22-2000 Submittal Deadline PJC Meeting .BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA CUP �a¢-(yr -t-2r'-r.0 1. Applicant (The applicant if the owner other) NAME: ADDRESS: Ve- F TELEPHONE Z. Please list all owners, occupants, or parties in interest of the property: C 3. The property is located at: (please give exact directions and include the route number of your road or street) rn wte- 1 0 t- .1 - o -P (0 +,0C_��� 0n _G�o�ds (YI I 6 + a }_moi tl �'J- o n i h4-' 2)P4.0uP4.0 The property has a road frontage o� 3 o9 feet and a depth of 4 5 5- feet and consists of .3j acres. (Please be exact) 5. The property is owned by 4 Jr, 26- 1 i rte- as evidenced by deed from recorded (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. S(n-� - - I? Magisterial District _A- c�- Current Zoning R P ' 7. Adjoining Property: USE North East; South West ZONING 8. The type of use proposed is (consult with the Planning Dept. before completing . A . ' , _ n _ ,residents , - 1 U - - 9. It is proposed that the following buildings will 1?e constructed: ,g- u-A:j�, TT 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 I /'A nJ ADDRESS j91 t -f T Vic:,..) '))(z PROPERTY ID VA a�C�7� NAME PiLoag (ycUF ADDRESS IPO, A,,,, -31�3 SrF ++F'Vb C"'J VA M6 S6 PROPERTY ID#�i(n•- ' f — — JC) P NAME j3a� �Tf?�� �E�2 ADDRESS /l3 17/6HV11Ccc; Iccl, sof NEr�5t9.v VA, PROPERTY ID#,:iL"---_/ -- /9, NAMEg--Te r- e -S cam. 14 a_ r+ ADDRESS 1W, k -, y e -r J -rJ P a . j rC 1 e PROPERTY ID# S-(-- - �L - 7 NAME &,114 0 ck-V i .S _ ADDRESS � o7 0 I rG e_ PROPERTY ID# s6 j -- NAMEq ADDRESS !() V11 e-.0 O1 -a y PROPERTY ID -- NAME PROPERTY ID,# NAME PROPERTY ID# ADDRESS ADDRESS VA R0dTE 1330 ) �JUE,clge%E 't~ ho 1. +�- 0vEwRv-7 � �-- --- - BTPEAAl 2683 .P/4EPOAIE C/,2CLE zor-18 3.31 4C965 O8. 740 � 23� 00 .00 Zor /2 OB. 576 _,0 35a s s3•zg �O E- 45.x• 1 559.35'TU . IAF• 9 4� 0" / HE'eEBS/ CE2T/fY TyAT OA/FEBeUA2Y e5, /991 /MAl7E Av ACCL/,e.4re- 5//,pYEY OwTHE P20DE2Ty APEo?ESfA4JTE'O BY TN/,5 P[AT A,f/D THAT rIlcee Alf &a EASE/YJE>11T9 D,P ,f&C,eOA,r11W£Afl/T5 EXCEPT AS SHOlfi�1,�/E,E�EO,U /. TH/5 LOT DOE$ ,UOT L/E w A H. V. D. !00 YE4,2 FL000 ZONE-. Z. IR F. m IRON P/AV FWA10 A OdTV OF DED LCAT/ON ,P£CORDED /R/ 06- 4 73 - P. /4 T/TLE 511deVEY L4T B OPEQ!/O, I f$UMS BLOC,-.'' Q SECT/O,(/ Z 67.041E9/,46L 0/5Texr, F,e£DE'R1CK 420allrY, V/,P /N1A $ BRUCE �DEhIS SCALE+ 1 " • /00' DATE r F-e6ret14A'y 2 H. 9p 5 /99/ No.tCEEDE GAMEWWW Af1C. 1104 Baker Lone* Winchester, Virginia* 226010 703-662-4185 H. Bruce Edens* President SNE" of 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 Owners' Mailing Address Owners' Telephone No. (a65-0.0� TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: 615-6 Ef I LJ 31)c31 FAosr; L4.'�ffvaow +0 %b i 14 vly's' S�'Cx Rs-rlqw,p' Co to A. 3O`$O �,aoaw �Y,sr,NQ 30/Co E)t sr,;j7 taw oow a/8 (llri7moR. l .. tj#rb � ax`-Peaatg w+�u c�,rr. bt+,cx a ?��`*WTI Al ov J ' o �3Ffl ¢cot} yam' to 3!0 QS �sA2cort Q.. . al t 1 x &� ties / � I'7o s Ex, sr„v� s'n,fot�t KiEw Rel-�1t�.,t, s'arPer � r� LASE M 0t17' • 2X(O C/os>£r. 3 0 .___ _ t i aJAIIS wr�� j0 .. GJoStT' ! �y (� ba, CK -C*4c, `U r (A) PATit t ` ,yar c/p wee • iib/8 Doe 3' 6'.8r�olet ,tlG3TiNS, �ARRGC ASR s :3. ` O� — � a0 %') lTGN•ErV yrNr�l� AttFR M � fit• /ablocK wA« Exisr — Voott :.. . �a tJia FP Zoo m i /7/0 sj, SCALE: �`,., / APPROVEDBT: DRAWN BY X DATE: REVISED .. EXrSr�Nf �IQ�K �47(LrCK IC$TAr7jrNG W ALL DRAWING NUMBER To Whom It May Concern, I have just recently noticed a sign on the porch, behind a lawn chair, at the residence of Robert Repine at 200 Riverdale Circle in Stephenson, that says they are applying for a conditional use permit. I called the number on the sign to inquire about their intentions and learned that they would like to make their home an assisted living facility. I have a neighboring property to theirs and have some real concerns. First, it is commonly known in this subdivision that the permits for these drain fields may have been obtained by some questionable means. No one here has a drainfield for more that a three-bedroom perk. The drainfield for the Repine residence is directly adjacent to two other drainfields. One of these is not currently in use, but may be in the near future. Mr. Repine's drainfield would need to be considerably enlarged to accept several more residents. This would, most likely, impact the other existing fields. This whole area is known for not draining very well. Several of the existing fields currently show signs of seepage. Add to that fact, that all these lots are on wells. This makes for a poor location to expand a residence to a multi -living facility. Secondly, the Repines are currently operating a construction business out of that same residence. He has several pieces of equipment and surplus building supplies at this location. We have to listen to the noise and smell the fumes of this equipment coming and going all hours of the day and night, even on weekends when the rest of us are trying to spend a quiet weekend with our families. Many of the families have children riding bikes on our roads. How long until one of those kids runs out in front of that truck? Now, they want to add even more traffic! This is in violation of the Opequon Estates covenants. These regulations are established to protect everyone in a neighborhood and their property values from these exact situations. However this situation is finally resolved, I will still be a neighbor of the Repines. So I won't come to any meetings and I'm not going to sign this letter for fear of causing a neighborhood fued. I sincerely hope that as the Frederick County officials consider this request, that they consider all people involved and not just the ones at the Repine residence. Sincerely, An Opequon Estates Resident PC REVIEW: 04/05/00 BOS REVIEW: 04/26/00 CONDITIONAL USE PERMIT #05-00 TIMOTHY W. JOHNSON Public Garage with Body Repair LOCATION: This property is located at 4489 Martinsburg Pike. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 33-A-92 PROPERTY ZONING & PRESENT USE: Zoned RA (Residential Performance) District; Land Use: Vacant ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) and B3 (Industrial Transition) Districts; Land Use: Vacant and Residential PROPOSED USE: Public Garage with Body Repair REVIEW EVALUATIONS: Virginia Dept. of Transportation: No objection to conditional use permit for this property. However, prior to operation of the business, a commercial entrance must be constructed to our minimum standards to allow for safe egress and ingress of the property. Any work performed on the State's right-of-way must be covered under a land use permit. The permit is issued by this office and requires an inspection fee and surety bond coverage. Inspections Department: Building shall comply with the Virginia Uniform Statewide Building code and Section 311, Use Group S (Storage) of the BOCA National Building Code/1996. Other code that applies is CABO A117.1-92, Accessible and Usable Buildings and Facilities. Minimum number of plumbing facilities shall be furnished in accordance with Chapter 4 of the International Plumbing Code/ 1995. Handicap parking and building access shall be installed in accordance to Chapter 11 of BOCA and CABO A117.1-92. Timothy W. Johnson CUP Page 2 March 23, 2000 Fire Marshal: Spray booth required for application of flammable finishes. Flammable liquids storage cabinet. Plan approval recommended. Health Department: No record of a sewage disposal permit on file. The property was denied for a construction permit on July 22, 1999. The owner must obtain approval for the installation of an approved sewage disposal system prior to health department approval of this request. Sanitation Authority: No comment. Planning and Zoning: Public garages with body repair are allowed in the RA (Rural Areas) Zoning District with a Conditional Use Permit. The applicant proposes to build a three -bay 60' by 60' garage to house this business. All repair work shall take place entirely within an enclosed structure. All exterior storage of parts and equipment shall be screened from view of surrounding properties by an opaque fence or screen at least five (5) feet in height, and be adequately maintained. This property is surrounded by vacant RA properties and RA setbacks will be maintained. Based upon the limited scale of the proposed use and evaluation of the property, it appears this use would not have any significant impacts on the adjoining properties. STAFF CONCLUSIONS FOR THE 04-05-00 PLANNING COMMISSION MEETING: Staff recommends approval with the following conditions: 1. All review agency comments shall be complied with at all times. 2. Health Department comments shall be addressed within 90 days of approval. 3. An engineered site plan shall be approved by the County. 4. No more then five (5) automobiles awaiting repair shall be permitted.'� 5. All work shall be accomplished within an enclosed structure. 6. All exterior storage of parts and equipment shall be screened from the surrounding properties as stated in the zoning ordinance. 7. Hours of operation shall be from 7:00 a.m. to 7:00 p.m. Monday thru Saturday. Timothy W. Johnson CUP Page 3 March 23, 2000 Any proposed business sign shall conform to Cottage Occupation sign requirements; sign shall not exceed four (4) square feet. 9. Any change of use or expansion of the business will require a new Conditional Use Permit. CUP #05-00 PIN: 33—A-92 Timothy W. Johnson Produced by Frederick County Planning and Development, 03-21-2000 CDP 105-00 Submittal Deadline 3-jo -Qio P/C Meeting 4 -,j -Cc BOS Meeting 4- 6—;- 0 APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (The applicant if the owner other) NAME: , 10✓. C/d r, t ADDRESS: TELEPHONE f:3ez/J � S - 7-,;?- 2. �2. Please list all owners, occupants, or parties in interest of the property: -71 3. The property is located at: (please give exact directions and include the route number of your road or street) f/ L 4. The property has a road frontage of /00 feet and a depth of 512_. j7 feet and consists of !. acres. (Please be exact) 5. The property is owned by &�J, 7,f as -.7d7h evidenced by deed from (previous'owner) in deed book no. on page 142 , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. 14 -Digit Property Identification N . o C(:) Iq ()010CC) 7 Magisterial District --Ar Stat Current Zoning R A 7. Adjoining Property: USE. ZONING �� ����® North I/ canf /� 6 East MAR 0 6 2000 South West OF PLANNING/DEVELOPMENT 8. The type of use proposed is (consult with the Planning Dept. before completing) I 9. It is proposed that the following buildings will be /constructed• 1��1e AF C its � diva ,��iz�� �rA sr 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 M�- ADDRESS U i rf ,3 I���rft ns r__ P; ^ - � 3 - BcJ' / c-1 �c� r-[,� � (,rte V A "JPROPERTY ID# Z ;Z � Z y NAME Cho_r f2S Pl%, Cook-- ADDRESS PROPERTY ID# lt�_ 33 - I? - 24 NAME Qc_ r iG n 13 rC,.,i1 ADDRESS PROPERTY ID# 3 3 - fi - 96- I/ q 6 I/q q l f���-t)', " b",(' P; kff clear# "Ou' Uig Ac "Zq Cie�c rh��21� Zz� Z NAME k'h/ lli0 1:�6 f ✓ ADDRESS PROPERTY NAME �' ,r % S c f 6-r i z ADDRESS 444/ --/6 1,174, ''1n f f L ,,c7 J USG , b ro--a !--/1-" z -)-(, z PROPERTY ID# -5-34 - / - ZG NAME Pc.I h how C /'Q cc 0 ADDRESS /76 Y PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# ADDRESS ADDRESS 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 Zv Gv Owners' Mailing Address 4T J31dneXe,1v,-- Owners' Telephone No. �7,29- a 7-1Z TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: RECEIVED MAR 0 6 2000 DEPT. OF PLANK NGIDEVELOPMENT 0' J S � \- R.1 10% t;-ll foo, 50, 0 too, SCALE IN FEET wi:3tSSS7]a,r•: ���'`,�%•�;-��� �'' )moi. _0G q W i �0 04� Q � FA BOUNDARY- SURVEY OF TBE LANDS OF NICETAS MATHEWS, CHART,ES LEEWITS ND PAULME LEWIS TPUTST^EFS FOR LOCAL LODGE NOi 2315 OF INTER-N�tATIC)NAL ASSOCATION OF MACIM41STS CIT -1 n fl -r lzC rliT T,F , ' Cc s ". rroN%. Z-1AN" �'1t.1�V..7FflV1V W %jrt- X%'a UlV1i11V DEED BOOK 507, PAGE 522 TAX M" 33, TIiAC:T 92 ((A)} AND TAX MAF 33. TRACT 9.3 ((A)) LOCATED ON THE WEST $IDE OF IU, S. ROUTE NO. 11, MARTMSBURG PII<E, AND ON THE FASB' SIDE UP INTERS-1-AlE ROUTE NO. S 1 ABOUT 13/4 MILES NORTH OF CLEARBROOK AND SITUATE IN STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA, NOTE: NO TITLE REPORT FURNL�HED. d/, --C .A, ��Y1-r --� Tia.. :r.-11 <� A`� t iT _7 C: n!':T1 -.T I%C. C—� r.'I ..�-..a� a aJawa. ci.rua. ✓a..aa�c.�. .. ... . ell ,/ d 1 0�� �• r- a BOUNDARY- SURVEY OF TBE LANDS OF NICETAS MATHEWS, CHART,ES LEEWITS ND PAULME LEWIS TPUTST^EFS FOR LOCAL LODGE NOi 2315 OF INTER-N�tATIC)NAL ASSOCATION OF MACIM41STS CIT -1 n fl -r lzC rliT T,F , ' Cc s ". rroN%. Z-1AN" �'1t.1�V..7FflV1V W %jrt- X%'a UlV1i11V DEED BOOK 507, PAGE 522 TAX M" 33, TIiAC:T 92 ((A)} AND TAX MAF 33. TRACT 9.3 ((A)) LOCATED ON THE WEST $IDE OF IU, S. ROUTE NO. 11, MARTMSBURG PII<E, AND ON THE FASB' SIDE UP INTERS-1-AlE ROUTE NO. S 1 ABOUT 13/4 MILES NORTH OF CLEARBROOK AND SITUATE IN STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA, NOTE: NO TITLE REPORT FURNL�HED. d/, --C .A, ��Y1-r --� Tia.. :r.-11 <� A`� t iT _7 C: n!':T1 -.T I%C. C—� r.'I ..�-..a� a aJawa. ci.rua. ✓a..aa�c.�. .. ... . PC REVIEW: 04/05/00 BOS REVIEW: 04/26/00 CONDITIONAL USE PERMIT #06-00 LAWRENCE W. WALLACE, III Cottage Occupation - Gunsmith LOCATION: This property is located at 1421 Adams Road. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBERS: 12-5-21 PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) District; Land Use: Residential ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land Use: Vacant PROPOSED USE: Cottage Occupation - Gunsmith REVIEW EVALUATIONS: Virginia Dept. of Transportation: No objectionto 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. Inspections Department: Existing building and addition shall comply with the Virginia Uniform Statewide Building Code and Section 306, Use Group F (Factory) of the BOCA National Building Code/1996. Other Codes that apply are CABO Al 17.1-92, Accessible and Usable Buildings and Facilities. Please submit a floor plan of the existing building at the time of change of use permit application. A new certificate of Use and Occupancy shall be issued after the permit and inspections are approved. Fire Marshal: Roadway maintained, free of obstructions overhead to 10 feet. Plan approval is recommended. Lawrence W. Wallace, III CUP Page 2 March 27, 2000 Health Department: The Health Department has no objection to Mr. Wallace having a gunsmith business from his garage as long as Mr. Wallace does not have employees or contaminants which would have to be disposed of. According to Mr. Wallace, he will be assembling guns only and will be using his bathroom in his home. There will be no more water usage on existing drainfield, so Health Department has no objection. Planning and Zoning: A gunsmith business is permitted in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit. This business will be conducted in an accessory structure located in the rear of the property. The property is surrounded by natural wooded screening and buffers. The adjoining properties are located 100 feet from this property. The applicant proposes to have five customers a month and operate three days a week; there will be no sale of firearms at this property. The applicant will not be testing any fire arms on the property associated with the CUP. Based upon the limited scale of the proposed use and evaluation of the property, it appears this use would not have any significant impacts on the adjoining properties. STAFF CONCLUSIONS FOR THE 04-05-00 PLANNING COMMISSION MEETING: Staff recommends approval with the following conditions: 1. All review agency comments shall be complied with at all times. 2. No business sign will be permitted. 3. Any change of use or expansion of the business will require a new Conditional Use Permit. 0:Wgmdas\COMMENT'S\CUP's\2000\L. W. Wallace.CUP.wpd I -- 9Y' �O N W d �8 — O` OG Robinson o Brown �-�� � �"•"' l a a AQ? Buck Robinson rn p re �.o _ as rn Elliott Wallace Rosser o �p5 Lebeck 00 to e v n y N cn Scottt �� Road CUP #06-00 PIN: 12-5-21 Lawrence W. Wallace, III (all zoning is RA) Produced by Frederick County Planning and Development, 03-21-2000 RECEIVED MAR 10 2000 Submittal Deadline P/C Meeting BOS Meeting D1WjkfWXWMELVVMTCONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (The applicant if the _J� owner other) NAME: AGy.e ENC CZ/ -/.Gy// ¢ //'ge E C— ADDRESS: 14A/ A01140S 2d �(J,`,r �CGJ ES��,e 1/4 as 6,63 TELEPHONE 5LI0 • W ff, ga 2. Please list all owners, occupants, or parties in interest of the property: 3. The property is located at: (please give exact directions and include the route number of your road or street) 1Q% 5aa7�o��h ,e�9hT Ong ;e7 -l00 Cs;/EP,eol �yp� les -�O ,QT (�Sy �,4�✓Ams,��� iue,v ,CEGT �'/� ,r,;/mss DN :7)i,eT2d Tue,� Ae P4 a-- Rr d �,Ar i/ T ,0 h i // CEd,42 Aloe" -'6 /-a 4. The property has a road frontage of (p& 9 feet and a depth of 1,300 feet and consists of �7, y�� acres. (Please be exact) 5. The property is owned by 1-qj&jQe-lvee 14�Ulfi//,4 a ��n�v�a evidenced by deed from Q1,aAzd /9 d-GAr,Y /0, iv✓�c/� recorded (previous owner) in deed book no. A110 on page ( 5,V , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. 14 -Digit Property Identification No. /a000s00000a/0 Magisterial District z-,4lNsho20 Current Zoning Rut 7. Adjoining Property: ZONING iI- USE North ReS;dApj6, East (cJcocf�d /Ae,!,-/ South /, Ae6- West —M12(!el ZONING iI- 8. The type of use proposed is (consult with the Planning Dept. before completing)_ 9. It is proposed that the following buildings will be constructed: xj 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 wi11`be notified by mail of this application: NAME ADDRESS /533 A4_Alns 40i Nc-4 �T-j c,e' Gam 7-27,00 PROPERTY ID# /,2060050,006�a0 C/o ����•� �u�! NAME I3U CIi ADDRESS F,e�dc2 %� ks bu2� � ISA � � a ► -.� oa PROPERTY ID# /A ,000 5DQ0Q /A 40 NAME ,4 €, dF,6-toE/bio ADDRESS �� 0 / 4ddlsai0 GT CrJo /do e E, /i��i a DG o _ /G PROPERTY ID# /,A 0600 5000 o /,�Z NAME /Poh,�:rR % �°. S�c,Sl�t� T %�G�C ADDRESS X00 , tf�rh°2t U'L[a.c� A02 lJe� �2G o3 PROPERTY ID#/ 60e)r7Anoo //�3 c NAME /q, Robl'OSOA) ADDRESS d GJ �a z Z6 03 PROPERTY ID# /� nOnO ylJDlln� �O NAME " ,�7✓e-1 yA) 1-. /Pol'LSoNADDRESS 1/SA PROPERTY ID# -,AW0004r0000050 NAME TinoA ADDRESS /Ps G aN�has��,1, i/a zzla- - PROPERTY ID# O()Q, 51nQM110 NAME 1 PLvneN�a, L1), 4-b0'VN-g S &)411,465 PROPERTY ID# /ODoSO�aa�Q0_ ADDRESS 14,21 04&VS Rd 01 toGkeS4z/!I (/4 7-z-L'o3 12 . Additional comments, if any: %> /dA -le' 16k<-ims- s Am T fo is b 1 "C' N — C) s G �v 5 .moo T I (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Signature of Applicant Signature of Owner Owners' Mailing Address Owners' Telephone No. 5LI0 - V9- q5?A TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: PC REVIEW DATE: 04/05/00 BOS REVIEW DATE: 04/26/00 REZONING APPLICATION #01-00 POWELL'S PLUMBING To rezone 3.01 acres from B2 (Business General) to B3 (Industrial Transition) LOCATION: This property is located on Windy Hill Lane (Route 1370), west of Front Royal Pike (Route 522). MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 64 -A -4G PROPERTY ZONING & PRESENT USE: Zoned: B2 (Business General) District Land Use: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: City of Winchester South: Zoned B2 (Business General) District East: Zoned B3 (Industrial Transition) District West: City of Winchester PROPOSED USE: Commercial REVIEW EVALUATIONS: Use: Commercial Use: Vacant/Commercial Use: Commercial Use: Commercial Virginia Dept. of Transportation: No objection to rezoning of this property. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual Sixth Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization and off-site roadway improvements and drainage. Any work performed on the Powell's Plumbing REZ #01-00 Page 2 March 24, 2000 State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Fire Marshal: Water available, with fire hydrant nearby; no significant impact on surrounding area and businesses. Plan approval recommended. County Engineer: We offer no comments at this time. We will make our comments at the time of site plan submission. Therefore, we recommend approval of the subject rezoning. City of Winchester Public Utilities: Winchester Public Utilities can serve this property. City of Winchester Planning: No comments. Planning & Zoning: 1) Site History The original Zoning Map for Frederick County depicts this property as B2 (Business General) District (U.S.G.S. Winchester Quadrangle). The subject parcel was created through approval of Windy Hill Subdivision on December 22, 1977. 2) Location The 3.01 -acre site is located within the County's Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). The Interstate 81 right-of-way adjoins the north and west boundaries of the subject parcel. This acreage is within the study area that was planned via the Route 50 East Corridor Plan. The Route 50 East Corridor Plan, found on page 6-17 in the Land Use Chapter of the Comprehensive Policy Plan, identifies the established commercial land use of this area and calls for the continuation of such use. 3) Site Suitability The subject property is located adjacent to established commercial uses, to include the primary commercial corridor of the City of Winchester situated across the Interstate 81 right- of-way. The property contains no environmental features as defined by the Zoning Ordinance, no wetlands identified in the National Wetlands Inventory, and no historical features identified in the Rural Landmarks Survey. 4) Potential Issues a) Land Use Powell's Plumbing REZ #01-00 Page 3 '`March 24, 2000 The request to rezone the 3.01 -acre site to B3 (Industrial Transition) would allow for the development of heavy commercial uses that are prohibited within the B2 (Business General) District. Examples of heavy commercial uses include office and storage facilities for construction contractors, commercial printing, motor freight transportation, warehousing, and automotive repair. b) Transportation Land use in the B3 District has the potential for generating a greater amount of truck traffic than land use in the B2 District. However, land use in the B3 District would generate less overall traffic than those permitted in the B2 District. C) Visual Impacts As was noted above, the subject parcel is located immediately adjacent to the I-81 right-of- way. The high degree of visibility inherent with such a location may result in the ultimate use of the site impacting the viewshed of this public right-of-way. While not required by ordinance, it may be appropriate to employ certain design techniques to ensure effective mitigation of potential visual impacts. Specifically, the utilization of additional landscaping involving evergreen plantings in the yard area adjacent to the 1-81 right-of-way and limitations regarding the height and dimensions of signs would arguably soften the visual impact of any heavy commercial use permitted through the requested rezoning. 5) Capital Facilities Impact Model The Capital Facilities Impact Model was applied to this rezoning request on March 21, 2000, assuming a worse case development scenario of 56,732 square feet of retail use on the 3.01 - acre parcel. The result of this impact model run demonstrated a positive fiscal impact to Frederick County. STAFF CONCLUSIONS FOR 04/05/00 PLANNING COMMISSION MEETING: The proposal to rezone 3.01 acres from B2 (Business General) District to B3 (Industrial Transition) is consistent with the land use policies described in the Comprehensive Policy Plan and the statement of intent in the Frederick County Zoning Ordinance. The Zoning Ordinance requires the development of buffers and screening between properties zoned B3 and 132; therefore, the impact on adjoining properties associated with the allowance of heavy commercial use development could be adequately mitigated if this rezoning was approved. Staff believes that the applicant should address the issues identified by staff, in addition to any concerns raised by the Planning Commission when forwarding a recommendation to the Board of Supervisors. N G W ,.� E CITY OF WINCHESTER k .k � S � 'tet .{.•k - Y h a � _ 3 � h - ----- i -- -- Rezoning #01-00 PIN: 64—A -4G Powell's Plumbing Produced by Frederick County Planning and Development, 02-22-2000 P0WE, LL'S' PL Ulla BIN(' REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff.- Zoning taffZoning Amendment Number_ Date Received PC Dearing Date `.,, �-C BOS Hearing Date 4 fir_ t The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Greenway Engineering Address: 151 Windy Hill Lane Winchester. VA 22602 2. Property Owner (if different than above) Name: Mark & Arlene Smith Address: 151 Windy Hill Lane Winchester, VA 22602 3. Contact person if other than above Telephone: (540) 662-4185 Telephone: (540) 636-6010 Name: Mark D. Smith, P.E., L.S., Telephone: (540) 662-4185 4. Checklist: Check the following items that have been included with this application. Location map X Agency Comments X Plat X Fees X Deed to property X Impact Analysis Statement X Verification of taxes paid X Proffer Statement 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Mark & Arlene Smith 6. A) Current Use of the Property: Agricultural, undeveloped B) Proposed Use of the Property: 3.01 acres Commercial 7. Adjoining Property: Please see attached PARCEL ID NUMBER USE ZONING 64 -((A)) -4F 64 -((A)) -4I 64 -((A)) -4H Commercial B3 Commercial B2 Vacant B2 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): On Windy Hill Lane, VA Route 1370, approximately 480' west of Route 522. Information to be Submitted for Capital Facilities Impact Moder— In o e In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density or intensity scenario for the proposed Zoning District as described on Page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number Magisterial: Fire Service: Rescue Service: Shawnee Millwood Station Millwood Station Districts High School: N/A Middle School: N/A Elementary School: N/A 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 3.01 B2 B3 3.01 Total acreage to be rezoned 11. The following information should be provided according to the type of rezoning proposed: Single Family homes: Non -Residential Lots: Number of Units Proposed Townhome: Mobile Home: Square Footage of Proposed Uses Multi -Family: Hotel Rooms: Office: Service Station: Retail: Manufacturing: Restaurant: Warehouse: Other: 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. i (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant: Owner(s): . Manager, Windy Hill LLC Date: Z�) - _51 ' Date:,/ -�- • 2 Adjoining Property Owners Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office ofthe Commissioner ofRevenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name and Property Identification Number Address Name Thomas Baker P.O. Box 3243 Winchester, VA 22604 Property # 64 -((A)) -4F DB: 653/174 Zone: B3 Use: Comm.1 Name Mark Smith, et ux 151 Windy Hill Lane Winchester, VA 22602 Property # 64 -((A)) -4I DB: 865/1033 Zone: B2 Use: Comm Name �i 11 y �� L L G 151 Windy Hill Lane Winchester, VA 22602 Property # 64 -((A)) -4H DB: Zone: B2 Use: Comm. Name Apple Blossom Mall Trustees One Wells Avenue Newton, Mass. 02159 Property # 253-01-A-1 DB: 168/261 Zone: B2 Use: Comm. Name Albert Kassabian, et ux 4201 Annandale Road Annandale, VA 22003 Property # 293-1-1 DB: 251/199 Zone: CMI Use: Comm. OUTPUT WDULE Revenue- Net Capital Net Cost Per (Unadjusted) Cost B-aiance APPLICANT: PIN 64 -A -4G Dwe ft Unit Net Fiscal Impact $0 $29,291 ' ERR LAND USE TYPE Commercial Costs of Impact Credifi ERR Credits to be Tak REAL EST VAL $3,692,594 Required (entered in Cur. Budget Cur. Budget Cap. Future CIP/ FIRE & RESCUE 6 Capital Faciltiies col sum only) Ooer Qa Ea io EXj)e11daeb1S. Taxes. Other Fire and Rescue Department $29,291 $15,705 $15,705 $0 ERR Elementary Schools $0 $12,458 ERR $2,203,242 $2,203,242 Middle Schools $0 $0 $0 ERR High Schools $0 Parks and Recreation $0 $0 Public Library $0 $0 Sheriffs Offices $0 $1,128 $0 $0 Administration Building $0 $0 Other Miscellaneous Facilities $0 $13,074 $2,631 SUBTOTAL $29,291 $14,202 $2,631 $0 LESS: NET FISCAL IMPACT $2,203,242 NET CAP. FACILITIES IMPACT Total Potential Adjustment For Tax Credits Revenue- Net Capital Net Cost Per (Unadjusted) Cost B-aiance Facilities Impact Dwe ft Unit $0 $0 $29,291 ' ERR $0 $0 �$0 ERR $0 $0 _ $0 ERR $0 $0 $0 ERR $1,128 $1,128 $0 ERR $0 $0 $0 ERR $15,705 $15,705 $0 ERR $16,833 $16,833 $12,458 ERR $2,203,242 $2,203,242 ($2,203,242) ERR 0 ERR NOTES: Model Run Date 03/21/00 EAW P.I.N. 64 -A -4G Rezoning: Assumes 56,732 sq.ft. retail on 3.01 acres zoned B3 District Due to changing conditions associated with development in the County, the results of this Output Module may not be valid beyond a period of 90 days from the model run date. INDEX: "1.0" If Cap. Equip Included: 1.0 INDEX: "1.0" if Rev -Cost Bal, "0.0" if Ratio to Co Avg: 0.0 Rev -Cost Bal = 1.000 PLANNING DEPT PREFERENCES 1.0 1.0 Ratio to Co Avg = 1.433 METHODOLOGY 1. Capital facilities requirements are input to the first column as calculated in the model. V� 2. Net Fiscal Impact NPV from operations calculations is input in row total of second column (zero if negative); included are the one-time taxestfees for one year only at full value. 3. NPV of future oper cap equip taxes paid in third column as calculated in fiscal impacts. 4. NPV of future capital expenditure taxes paid in fourth col as calculated in fiscal impacts. 5. NPV of future taxes paid to bring current county up to standard for new facilities, as calculated for each new facility. 6. Columns three through five are added as potential credits against the calculated capital facilities requirements. These are adjusted for percent of costs covered by the revenues from the project (actual, or as ratio to avg. for all residential development). NOTE: Proffer calculations do not include include interest because they are cash payments up front. Credits do include interest if the projects are debt financed. NOTES: Model Run Date 03/21/00 EAW P.I.N. 64 -A -4G Rezoning: Assumes 56,732 sq.ft. retail on 3.01 acres zoned B3 District Due to changing conditions associated with development in the County, the results of this Output Module may not be valid beyond a period of 90 days from the model run date. IMPACT STATEMENT PO WELLS PL UMBING PROPERTY ID NUMBERS 64 -((A)) -4G REZONING APPLICATION February 11, 2000 Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 Greenway Engineering February 11, 2000 Powell's Plui.—ing Impact Statement INTRODUCTION The subject property consists of a 3.01 acre parcel owned by Windy Hill, LLC, with Mark Smith as manager. Said property is located on the north side of Windy Hill Lane (VA Route 1370), approximately 427' west of U.S. Route 522. The site is currently zoned Business General (B2), and the proposed zoning is Industrial Transition (133). Since 1979, the value of the property has been assessed and taxed as if it were already under the Industrial Transition (B3) zone. The official zoning maps show the subject property as B3, compounding the error. During a rezoning in 1979 by Mr. Tom Baker, an adjacent landowner, the subject property was mislabeled. This mistake was recently uncovered by Greenway Engineering during research for the Powell's Plumbing site plan on this parcel. This report has been prepared for the purpose of assessing the impact on Frederick County by this rezoning. (Also, see letter from Mark D. Smith.) SITE SUITABILITY The subject property is located within the "Urban Development Area" as defined within the Frederick County Comprehensive Policy Plan. This designation reflects the intention of Frederick County to allow for more intensive development on the subject site. The site lies just outside of the Winchester Corporate limits making it a prime location for "Industrial Transition" (B3) uses, yet doesn't front on a through -street, which makes it less desirable for many retail uses (B2). Flood Plains The subject site is located on FEMA NFIP map # 510063-0115-B. The site is located within a "ZONE C" area. No portion of the subject site is in a 100 yr. flood plain. Wetlands The National Wetlands Inventory Map does not reveal the presence of any wetlands on the subject property. Mature Woodlands There are no mature woodlands on the subject property. Soil Types Information for soil types on this site has been obtained from the Soil Survey of Frederick County, Vi_ rginia, by the USDS Soil Conservation Service. The chief construction his prop_: Ly cck outcrops a_k shallow dept's to bedrock, low permeability, low strength, and high shrink/swell potential. Greenway Engineering February 11, 2000 Powell's Plu,- _,ng Impact Statement Steep Slopes There are no steep slopes on the subject property. SURROUNDING PROPERTIES The subject property is bounded on one side by the Windy Hill Business Park, which is zoned B3. The businesses nearest the subject site include Hot Custom Signs, Hottle & Myers Mechanical Contractors, Sears, and Kysela Pere et Fils. On the other side of Windy Hill Lane are the offices of Greenway Engineering. The proposed rezoning will fit well with the adjoining businesses and will create no additional impact on these businesses due to noise, glare, or pollution. BASIS FOR DETERMINING IMPACT FOW The maximum potential impact for the 3.01 acre site under the existing B2 zoning is equivalent to 64,280 square feet of retail space. B3 Rezoning the site to B3 will create a potential impact equivalent to 56,710 square feet of retail space. Therefore, the impact on Frederick County services and infrastructure is less after the rezoning than at present. TRAFFIC ANALYSIS Traffic Data The existing traffic data was supplied by VDOT Office Services Specialist, Vega Ziemer (Edinburg office): EXISTING TRAFFIC COUNTS Road Date of ADT (vehicles/day) Study U.S. Route 522 from Rte 644 to Rte 50 1996 8,200 There is no existing data for Windy Hill Lane. This road is approximately 750' long, and because of its short length, traffic quickly turns off of it into one of the businesses. VDOT has classified Route 2 Greenway Engineering February 11, 2000 Powell's Plui.. .ng Impact Statement 522 as a "minor arterial" road, and Windy Hill Lane (Route 1370) is classified as an "existing local road." Trip Generation The following table is based on trip data taken from the ITE Trip Generation Manual, 01' Edition: TRIP GENERATION DATA Zone Use Density PEAK HOUR TRIPS ADT (vehicles/day) AM PM Entering Exiting Entering Exiting B2 Retail 64,280 40 26 115 125 2,760 B3 Retail 56,710 36 23 102 110 2,430 The impact of this rezoning will be to reduce the maximum potential number of trips on the local road network by 330. There is no anticipated change in the level of service of either Windy Hill Lane or Route 522. WATER & SEWER Water and sewer will be provided by the City of Winchester. DRATNAGE The subject property drains to a ditch along Interstate 81, through culverts under the highway, and then to Abrams Creek. A detailed stormwater evaluation will be included with any site plan submittals. If development of the site requires it, a detention facility will be built which will manage the rate of storm water discharge into Abrams Creek. By controlling stormwater flow off of the site in this way, the impact of developing the subject property on Abrams Creek and downstream properties will be within acceptable limits. SOLID WASTE DISPOSAL The impact of the subject property on solid waste disposal sites will be less under the proposed zoning than under the current one. 3 Greenway Engineering February II, 2000 Powell's Plui. ,ng Impact Statement HISTORIC SITES AND STRUCTURES There are no historic homes nearby. There are also no potential historic districts in this vicinity. COMMUNITY FACILITIES The impact on the utilities and infrastructure near the site will be estimated by the Frederick County Capital Facilities Impact Model. OTHERIMPACTS Since the proposed B3 zoning will have a less intense use than the existing B2 zoning, no additional impacts are forseen by the rezoning and subsequent development of the subject property. 4 C) SITE Hill t. 13-7 o e Crest Tax map no. 64 Frederick County Appendix 1 Scale: 1"=SW LEGEND 0 IRON PIN o HIGHWAY MONUMENTS 10— - —o POWER LINE 8 PDL ES D 20' SEWER EASEMENT B MANHOLES \\ w \\ m \V~ ACRES\� \\ O \\1 0 -o 1 s - p51 00 / NS 0 4 `\ ACRES \ � 4 � Service � \ ! !� J/T, /� o ZO'Esmt \ ` 0 00 rr s,RF.AAf 1� XE97051,24r "W 2 Lir . N 8705/ 24' I 50.00' 1 1 O 4.20 / 0No / 1° 51.2p � Ql 3.009 _ a ACRES , \lc 5 60 51 2 _ 105;10 1� \\ 4• 6 11?p \ \ N « S 07 ° 49'10 60.29 C. 5 N 4.308 1 l i . ' tw PLAT OF WINDY HILL SUBDIVISION SHAWNEE DIS rRICr , FREDERICK COUNTY VIRGINIA JULY 24 /978 — SCALE I "= 200' PREPARED BY GREENWAY ENG/NEER/M6 AND SURVEYING CO., INC. P. O. BOX 666 WINCHESTER, VIRGINIA Revised Jon._ 4, 1979 No ACRES \ QLD \ i �sr 1 I� e \ 8 No. ey n 15- 4] 7-3 (b)Lf 2 c r. • I r- Boundary Survey Appendix 2 CURVE TABLE Curve No Radius Are Delta Tangent Chord Chord Bearing 1 5623.58' 533.27' 05025'59" 266.84' 533.07' N24°36'51"E 2 50.00' 137.74' 157©50'28" 255.34' 98.14' S5604613811E 3 50.00' 19.34' 22009132" 9.79' 19.22' S3301312211W 4 162.03' 197.96' 70000100" 113.45' 185.87' S5700813611W 5 222.03' 221.02' k.57°02'08" 120.64' 212.01' S63037'32"W 6 50.00' 74.19' 85001'12" 45.83' 67.57' S64039'13"W 7 5623.58' 827.96' 08026108" 414.73' 827.21' N31032'5511E 8 5623.58' 396-721 04°02131" 198.44' 396.63, N37°47' 15"E CIL RT:F!CAIF No. Y 54-17-3 (5)955 54-17-3 (b)162 c F~ LAND cv�� Boundary Survey Appendix 2 PC REVIEW DATE: 04/05/00 BOS REVIEW DATE: 04/26/00 REZONING APPLICATION #02-00 ADAMS FAMILY LIMITED PARTNERSHIP To rezone 3 5.3 96 acres from M1 (Light Industrial) to, RP (Residential Performance) LOCATION: This property is part of the Airport Business Center, Section II, and is accessible from Front Royal Pike (Route 522) via Bentley Avenue. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 64-A-40 PROPERTY ZONING & PRESENT USE: Zoned: M1 (Light Industrial) District Land Use: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: Zoned M1, Light Industrial District South: Zoned RA, Rural Areas District East: Zoned RA, Rural Areas District Use: Industrial (Airport Business Center) Use: Agricultural Use: Residential; Agricultural West: Zoned RP, Residential Performance District Use: Residential (Chapel Hill; Morgaine Trace) PROPOSED USE: Single-family detached urban residential lots REVIEW EVALUATIONS: Virginia Dept. of Transportation: See attached letter from VDOT to Ms. Monica Butts of Painter -Lewis, P.L.C. dated January 20, 2000. Adams Family Ltd. Partnership REZ #02-00 Page 2 March 24, 2000 Fire Marshal: Requirements of Chapter 90, Article I & II. Plan approval recommended. Millwood Station Fire and Rescue: First due company - Fire and Rescue will be Millwood Station Volunteer Fire and Rescue Sanitation Authority: No comment. County Engineer: See attached letter from Harvey E. Strawsnyder, Jr., P.E., dated February 4, 2000. Parks & Recreation: The proffer for Parks and Recreation appears to be consistent with the County proffer model. Winchester Regional Airport: See attached letter from S. R. Manuel, Executive Director, dated February 24, 2000. Frederick Co. Public Schools: See attached letterfrom Mr. Thomas Sullivan, Adm Asst. to the Superintendent, dated January 21, 2000. County Attorney: Owner cannot amend or alter the terms and conditions of the proffer; amounts proffered should probably be specified by impact or particular services rather than lump sum. Planning & Zoning: 1) Site History The original Zoning Map for Frederick County (U.S.G.S. Winchester Quadrangle) identified this acreage as R1 (Residential Limited) District. This acreage was down zoned from R1 (Residential Limited) District to A2 (Agricultural General) District on October 8, 1980 by the Board of Supervisors. The Board of Supervisors approved Rezoning Application #010-86 on October 10, 1986 which established the M1 (Light Industrial) District designation for this acreage. 2) Location The 35.396 acres is a portion of the total acreage within the Airport Business Center. While the majority of the acreage within the Airport Business Center is accessible from Airport Road (Route 645), the 35.396 acre portion is accessible from Front Royal Pike (Route 522 South) via Bentley Avenue in the Chapel Hill and Morgaine Trace residential subdivisions. The 3 5.3 96 acres is located within the County's Urban Development Area (UDA) and the Sewer and Adams Family Ltd. Partnership REZ 402-00 Page 3 March 24, 2000 Water Service Area (SWSA). This acreage was a component of the Southern Frederick Land Use Plan which was incorporated into the Comprehensive Policy Plan in 1999. The land use plan did not recommend preferred future land uses for the properties along the east side of Front Royal Pike between Buffalo Lick Run and the South View residential subdivision. The 3 5.3 96 acres falls within this described land area. 3) Site Suitability The 3 5.3 96 acres is completely wooded and contains areas of steep slope which lead to Buffalo Lick Run. The applicant established a dedicated environmental corridor along the northern portion of this acreage to preserve existing woodlands and protect the integrity of the steep slope areas leading to Buffalo Lick Run. The dedicated environmental corridor incorporates 8.18 acres, or 23% of the 35.396 acres that is proposed for rezoning. Areas of flood plain associated with Buffalo Lick Run are present along the northern portion of this acreage, which falls within the environmental corridor. The Frederick County Rural Landmarks Survey does not identify potentially significant historic resources on, or within, close proximity to this acreage. Public water and sewer is available to this acreage from the Chapel Hill subdivision, and will also be available from the Morgaine Trace subdivision which is in the initial phase of construction. Access is envisioned to occur through a connection to Bentley Avenue which exists in the Chapel Hill subdivision and will be extended into the Morgaine Trace subdivision to adjoin this acreage. The approval of the Morgaine Trace Master Development Plan will only permit access to the 35.396 acres if it is developed residentially. Therefore, access to this acreage is limited to a crossing of Buffalo Lick Run to a road system that would intersect Airport Road if it was to be developed under the current M1 (Light Industrial) District. 4) Potential Impacts and Issues a) Transportation The development of this acreage for residential purposes is estimated to generate 479 vehicle trips per day on average. This number of vehicle trips is actually less than the vehicle trips which would be generated from industrial development; however, the impact is somewhat different in that the 479 vehicle trips will be directed to the west through residential subdivisions. The Virginia Department of Transportation (VDOT) comment does not indicate that the local street system is incapable of accommodating this additional traffic; however, it does suggest that the intersection point may need to be relocated. Adams Family Ltd. Partnership REZ #02-00 Page 4 March 24, 2000 b) Public Schools The applicant's Impact Statement suggests that the rezoning of the 3 5.3 96 acres will allow for the development of 50 single-family detached residential units. The attendance zones established by the Frederick County School Board depict Armel Elementary, James Wood Middle, and James Wood High as the current school facilities that would serve this developed acreage. The following table provides information for the impact that the development of this acreage would create for the public school system on average: C) Winchester Regional Airport The 35.396 acres adjoins the western boundary of the Airport Support Area as depicted on page 6-63 of the Frederick County Comprehensive Policy Plan. The Executive Director of the Winchester Regional Airport has cautioned that the existing flight patterns will most likely create noise and visual impacts from aircraft traversing the airspace associated with this acreage. The Executive Director has recommended that the applicant incorporate a disclosure of this activity within sales literature and property deed information for the future lot purchasers within this development. d) Community Facilities and Services The County's Capital Facilities Fiscal Impact Model was applied to this rezoning application on January 7, 2000. The results of this model run demonstrate a negative fiscal impact for capital facilities needs for Fire and Rescue Services, Public Schools, Parks and Recreation, Public Library Services, the Office of the Sheriff, and the County Administration Building. Adams Family Ltd. Partnership REZ #02-00 Page 5 March 24, 2000 5) Proffer Statement The applicant has submitted a Proffer Statement as a part of this rezoning application which has been signed, notarized, and reviewed by the County Attorney's Office. The applicant has modified the Proffer Statement to be consistent with the comment received from the County Attorney's Office. The applicant has proffered to limit the development of this acreage to single-family detached residences on minimum lot sizes of 12,000 square feet, and to provide a monetary contribution for each developed residential lot in an amount that is consistent with the results of the County's Capital Facilities Fiscal Impact Model. STAFF CONCLUSIONS FOR 04/05/00 PLANNING COMMISSION MEETING• The request to rezone 35.396 acres from M1 (Light Industrial) District to RP (Residential Performance) District is consistent with the policies for suburban residential development within the County's Urban Development Area. The properties adjacent to this acreage are currently zoned for residential use and have been planned to be developed in lot sizes that are consistent with this proposal. The acreage would be served by existing public water and sewer service, and would access Front Royal Pike (Route 522 South) which is an improved four -lane major arterial road system. Staff has identified potential impacts and issues associated with this rezoning application. The applicant has submitted a proffer statement to attempt to mitigate the negative fiscal impacts associated with community facilities and services capital facilities needs. Staff believes that the applicant should be prepared to address the comment made by the Executive Director of the Winchester Regional Airport, as well as all other comments which arise during discussion when the Planning Commission forwards a recommendation to the Board of Supervisors for final disposition of this rezoning application. COMMONWEALTH of VIRGINIA CHARLES D. NOTTINGHAM COMMISSIONER Ms. Monica Butts C/O Painter -Lewis, PLC 302 S. Braddock St., Suite 200 Winchester, VA 22601 Dear Monica: DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY 14031 OLD VALLEY PIKE EDINBURG, VA 22824 JERRYA.COPP RESIDENT ENGINEER January 20, 2000 TELE(540)984-5600 F"(540)984-5807 Ref: Adams -Nelson & Associates Rezoning Application Parcel ID -64((A)) 40 off Rte. 522 (Front Royal Pike) Frederick County A VDOT review has been completed on the "Impact Analysis Statement" dated January 11, 2000 for the referenced project. We offer the following comments: We have no objection to rezoning of this property.. Before development,, this office will require a complete set of construction plans detailing entrance designs, -drainage features, and traffic flow data from the I.T.E. Trio Generation Manual, Sixth Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off-site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. With reference to Item C "Traffic" on Page 3 of the analysis statement where access is addressed as being accomplished to the parcel via Bently Avenue and McClure Way to Route 522, we find the reserved "Open Space Parcel D" on the proposed Morgraine Subdivision which implies inter - parcel connection should be accomplished through the "Parcel D" space. , It does appear to us this space may have questionable merit for inter -parcel road access. We are forwarding this analysis to our Traffic Engineer in Staunton pursuant to the provision for their input and comments for the next stage of detailed site plan development. If there are any questions, please do not hesitate to call. Sincer ly, Barry J. Sweitzer, Trans. Roadway Engineer For: Steven A. Melnikoff, Trarisportation Engineer . BJS/rf Enclosure xc: Mr. Jim Diamond, Attn: Mr. Kelly Downs; Mr. Dave Heironimus; Mr. Kris Tierney WE KEEP VIRGINIA MOVING N February 4, 2000 Mr. John C. Lewis, P.E. Painter -Lewis, P.L.C. 302 South Braddock Street - Suite 200 Winchester, Virginia 22601 RE: Rezoning Request Parcel ID -64 ((A)) 40 Rezoning of Property Near Airport Road and Route 522 South Shawnee Magisterial District Frederick County, Virginia Dear John: COUNTY of FREDERICK Department of Public Works _540/665-5643 FAX: 540/678-0682 Based on our review of. the impact analysis for the subject 35.396 acres, we have the following comments related to the proposed rezoning from M-1 to RP: 1) Stormwater management will be evaluated at the time of the subdivision submittal. The statement related to adequate channels will suffice at this time. However, this acknowledgment will not preclude the possibility that on-site stormwater management may be required at the time of our review of the subdivision design. 2) Regarding the proffer issue, we suggest that curb and gutters and sidewalks be . considered in the design of this subdivision. This consideration will complement the design of the roads in the Morgaine subdivision which will employ both of. these features. 107 North Kent Street - Winchester, Virginia 22601-5000 Mr. John C. Lewis, P.E. Page 2 February 4, 2000 I am available to answer any questions regarding the above comments. Sincerely, Harvey E S rawsnyder, Jr., P. . Director of Public Works HES: rls cc: Planning and Zoning file SOMW THE TOP OF VIRGIMA 24, 2000 WINCHESTER REGIONAL AIRPORT 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22602 (540) 662-2422 Monica Butts 302 South Braddock Street, Suite 200 Winchester, Virginia 22601 Re: Rezoning — Adams Parcel #64 Job No. 9610020 Dear Ms. Butts: The Winchester Regional Airport Authority would like to express our concerns regarding the rezoning proposal. Residential development adjacent to or under a flight path used regularly by aircraft as they arrive or depart the airport is subject to aircraft noise. Due to the proximity of this proposed subdivision to the flight pattern at Winchester Regional Airport, the developer should be encouraged to advise future property owners of this potential possibly through a covenant in their property deed. Property owners are likely to experience aircraft noise and fly -over from aircraft entering into or departing the flight pattern and as the airport continues to expand services and operation, noise associated with such expansion is likely to increase. Winchester Regional Airport is a vital link in the National Air Transportation System used by private citizens, commercial air carriers, business and industry throughout the region to transport people and goods around the world. Even thought potential buyers may be aware of the airport's existence they should be forewarned about aircraft noise and fly -over nuisance by our presence possibly through covenants in their property deeds. The Winchester Regional Airport has a direct and vital economic impact on our community and is continually working towards expanding it operations. To be successful in our ventures, we need citizen support, which is the reason for our concern regarding potential complaints about aircraft noise. Thank you for giving this your consideration and should you have questions, please contact me. Sincerely, i S. R. Manuel Executive Director `Y •r.. Frederick County Public Schools 1415 Amherst Street Post Office Box 3508 Winchester, Virginia 22604-2546 .Telephone: (540) 662-3888 — FAX (540) 722-2788 Administrative Assistant to the Superintendent January 21, 2000 Ms. Monica Butts Painter -Lewis, P.L.C. 302 South Braddock Street, Suite 200 Winchester, VA 22601 REF: Rezoning Comments, Parcel ID -64 ((A)) 40, Shawnee District Dear Mrs. Butts: I am in receipt of your request for rezoning comments concerning a parcel of land containing 35.396 acres to be rezoned from M-1 to RP (Residential Performance). It is my understanding the proposed rezoning from M-1 to RP will allow for the construction of 50 single family units. You have also indicated the land to be rezoned is 35.396 acres in size and is at the following location: Near Airport Road and Route 522 South Significant residential development in this portion of Frederick County has resulted in the schools serving this area having student enrollment near or exceeding their design capacity. At this time, long range planning indicates future construction of a third county high school on property owned by the school division in the vicinity of the proposed rezoning. In addition, need for increased space for middle school age students has resulted in the Frederick County School Board including the purchase of a site for a middle school in its annual Capital Improvements Plan. In all probability, the school division will seek land for a fourth middle school in southern/eastern Frederick County. In light of continued residential growth in this area, it is projected that elementary schools serving students in this area will, in the very near future, reach or exceed their designed capacities. The cumulative impact of this project and others of a similar nature, coupled with the number of approved, undeveloped residential lots in this area will necessitate the future construction of new school facilities to accommodate increased student enrollment. The impact of the proposed rezoning on current and future school needs should be considered during the approval process. Sincerely, Thomas Sullivan Administrative Assistant to the Superintendent cc: Dr. William C. Dean, Superintendent of Schools, Frederick County Public Schools Mr. Robert Cleaver, Asst. Superintendent for Administration, Frederick County Public Schools Rezoning #02-00 PIN: 64—A--40 Adams Family Ltd. Partnership Produced by Frederick County Planning and Development, 03-22-2000 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Telephone: (5-1,3)(,67--s79L Address: '302 5 3ra o k 5*-, kA V,Q-L'Lt-ai 2. Property Owner (if different than above) Name: M f IC ,r A. dc.. s _ Telephone: (- sg o) c. 7:..2, 'Y„? `f Nelsd-m+ A S 5 0 C C, -r --Cs Address: 40.1 P -c p.s Js L I W;ncties�u� V4 a2c�oZ 3. Contact person if other than above Name: Telephone: ,�—t/ V) (n a-.5779 4. Checklist: Check the following items that have been included with this application. Location map / Agency Comments / Plat Fees Deed to property Impact Analysis Statement Verification of taxes paid Proffer Statement 11 5. The Code aof Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: cL o.-w� s �-�..,,.,.-� l � 1. � �.,.: � r 0 a-✓ -I-� e,✓ s �.. 6. A) Current Use of the Property: V ` B) Proposed Use of the Property: R � - I en 4 ex, �� I V t1 L r n4 -n c C- 7. Adjoining Property: PARCEL ID NUMBER q- A (o`tF-1-5 (04-A`1-f0E L4-ItH (p 4 - 'Z - L 1 �.M _ VaILa..%4- _ Wc.r�he�st ��lis�r� bvho�- lZ�:'rd e s. A.Av r-_ - IR �e s; dt�.J ZONING M-1 RP V-? i2 P S. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): 5LZ 12 Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density or intensity scenario for the proposed Zoning District as described on Page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number (o4 -CCA -'I Districts Magisterial: 5 ►-' o "i"-�_ c Fire Service: �i:11 w o od r,..c Co . Rescue Service: M.c %vj ood p- tc+izr_sLjr_ High School: Middle School: _ Elementary School: 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Req!!ested 35.31 t. a- RP 35..31.6 Total acreage to be rezoned 11. The following information should be provided according to the type of rezoning proposed: Single Family homes: ✓'GO Townhome: Non -Residential Lots: Mobile Home: Office: Retail: Restaurant: fl -H, - I ' 1 I 1 - 13 Multi -Family: Hotel Rooms: Service Station: Manufacturing: Warehouse: Other: 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s) Owner(s): 14 Date: 3 (3 dv Date: Date:,- Date: pining Property Owners nV'zVning Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the ,2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name and Proeerty Identification Number Address Name Josi u5lZtjss-ell 7r. 7rSil Lc,Jre(WU0cl—•b-r. VQ ckzs4-z�, VA z2c�o2 w:nc V A zZLo v Pro e # C9`i-A-3 I Name Leon L c� r Propeqy Name # 4-5- ( h i'S 5 r YIc IJSe, VJ i^t 000 2: Arwcod Ave. 1. S 3 W C) I Z o J roti c f U w i rt c L. c s i-ew, V,/S Z- L A G -z— .Pro 11 �-04C'A ZG. 4-c_Y- VA2 2 u u Pro e Name o�.,., 5 d-- V4 R; r�. o..� r r . ert# L9 q-- A - y '� Property Name W C. N C f r ns.1'Y-UYIA Property # '-( - Z. - C Name -1 ,(v C o ✓ o W 4, � � 7 0 5 f JA z L ,� e3 Property Name # to 57 _- U r a� Z I l_ W ; A CJ% c s k +' � 4A 2. 2. b 0 3 Pro e # A - 'f 1- Name NA a.+o,S n- vIA L T LS ; Li o f P �� s dd S C 1. W VA z. 0 Z I I st-�e�6� GT. VJ; C>��'ski VA Zzc,o z 1 1 2- 5 Imo- l b y CT " � +`LL k -r s `k -r, V .A z 2 (a 0 Z Pro e # `I - `l � Name �,� _n CL 0--^ Propea # G�J-7—aE Name 5 a r� L. C0. r -�-� Property # CD `f l7 7 - 2 15 Name and Property Identification Number Address Name Pro ety# Name Property # �c y) - 3q N Name Property # Name Property # Name Property # Name Property Name # Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # 16 PAINTER-LEWIS, P.L.C. CONSULTING ENGINEERS tel.: (540)662-5792 302 South Braddock Street - Suite 200 fax.: (540)662-5793 Winchester, VA 22601 email: paintlew@mnsinc.com PROFFER STATEMENT A PROPOSED REZONING for PARCEL 1D -64 ((A)) 40 Shawnee District Frederick County, Virginia January 11, 2000 Prepared for: Mr. Kevin Adams ADAMS -NELSON & ASSOCIATES 401 Pegasus Court Winchester, Virginia 22602 Prepared by: PAINTER-LEWIS, P.L.C. 302 South Braddock Street - Suite 200 Winchester, VA 22601 Tel.: (540)662-5792 Job Number: 9610002 PROFFER STATEMENT PARCEL ID 64 ((A)) 40 SUMMARY The subiect parcel contains 35.396 acres and is part of the Airport Business Center Section II. The parcel is vacant. The current zoning is M-1. Adjacent property is zoned RP or RA. The owner desires to rezone the parcel from M-1 to RP, RESIDENTIAL PERFORMANCE DISTRICT. The intended purpose for the rezoning would be to allow the construction of single family lots. The owner intends to develop single family lots with urban amenities such as curb, sidewalk, and street lighting. The monetary proffers as generated by the Frederick County Capital Facilities impact model will be paid as required under the current payment structuring which provides for a 50% payment of the Parks and Recreation and Schools categories. Pursuant to the applicable provisions of the Frederick County Zoning Ordinance, the undersigned applicant proffers that in the event that the Board of Supervisors of Frederick County shall approve Rezoning Application # for the rezoning of 35.396 acres on Parcel 64-A-40 from M-1 to RP, development of this particular 35.396 acres will be in conformity with the terms and conditions set forth in this document. These terms and conditions may be subsequently amended or revised by the owner of the property with permission from the Frederick County Board of Supervisors in accordance with Frederick County codes. These proffers shall be binding on the owner and their legal successors or assigns. PROFFERS 1. The owner will subdivide the 35.396 acres for the purpose of creating single family lots. The lots will conform to the design standards for "Single Family detached Traditional" housing as set forth in Chapter 165 of the Frederick County Zoning Ordinance. The area of each lot will be 12,000 +/- square feet. Monetary Contribution to Frederick County Service Organizations The owner will pay or will cause to be paid to the Treasurer of Frederick County the sum of $5,645.5 per lot for impacts to schools, fire and rescue services, parks services, and other miscellaneous services. This sum will be paid upon receipt of a building permit for each lot. These moneys are to be allocated as follows: • Fire and Rescue Department: $899.00 • Schools: $3,581.00 • Parks and Recreation Department: $597.50 • Public Library: $210.00 • Sheriff's Offices: $117.00 • Administration Building- $241.00 • Other Miscellaneous Facilities: $0.00 VKUI-SLK Zj I A I LMLN I PARCEL ID 64 ((A)) 40 ' The conditions proffered above shall be binding on the heirs, executors, administrators, assigns, and successors in the interest of the owner. In the event that the Frederick County Board of Supervisors grant this rezoning and accepts these proffers, then these proffers shall apply to the land rezoned in addition to the other requirements of the Frederick County Code. Submitted By: Date: STATE OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, To -Wit: The foregoing instrument was acknowledged before me this / 3' day of /fit Gi. by Kevin Adams, President, Adams Family Limited Partnership My commission expires on Expiration Date July 31, 2002 Notary Public PAINTER-LEWIS, P.L.C. CONSULTING ENGINEERS tel.: (540)662-5792 302 South Braddock Street - Suite 200 fax.: (540)662-5793 Winchester, VA 22601 email: paintlew@mnsinc.com IMPACT ANALYSIS STATEMENT A PROPOSED REZONING for PARCEL ID - 64 ((A)) 40 Shawnee District Frederick County, Virginia January 11, 2000 Prepared for: Mr. Kevin Adams ADAMS -NELSON & ASSOCIATES 401 Pegasus Court Winchester, Virginia 22602 Prepared by: PAINTER-LEWIS, P.L.C. 302 South Braddock Street- Suite 200 Winchester, VA 22601 Tel.: (540)662-5792 Job Number: 9610020 IMPACT ANALYSIS STATEME?;!;T PARCEL ID 64 ((A)) 40 IMPACT ANALYSIS STATEMENT TABLE OF CONTENTS cect��n page L INTRODUCTION 1 A. SITE SUITABILITY 1 B. SURROUNDING PROPERTIES 3 C. TRAFFIC 3 D. E. SEWAGE CONVEYANCE AND TREATMENT WATER SUPPLY 3 4 F. DRAINAGE 4 G. SOLID WASTE DISPOSAL FACILITIES 4 H. HISTORIC SITES AND STRUCTURES 4 I. COMMUNITY FACILITIES 4 J. OTHER IMPACTS i 5 APPENDIX I 6 IMPACT ANALYSIS STATEME�''� PARCEL ID 64 ((A)) 40 i. INTRODUCTION The subject parcel contains 35.396 acres and is part of the Airport Business Center Section II. The parcel is vacant. The current zoning is M-1. The parcel is separated from the remainder of Airport Business Center Section II by the Buffalo Lick Run stream valley. Please refer to Exhibit A-1. Other than the property in the Airport Business Center, the property adjacent to this 35.396 acres is zoned RP or RA. Because of the natural separation provided by Buffalo Lick Run and the character and zoning of the surrounding residential property, the owner desires to rezone the subject parcel of 35.396 acres from M-1 to RP, RESIDENTIAL PERFORMANCE DISTRICT. Please refer to Exhibit A-2. Access to the subject parcel is proposed via Bentley Avenue and McClure Way. The alignment of McClure Way is shown on a current ' Master Development Plan for Morgaine Trace Subdivision, McClure Way and Bentley Avenue will be extended to the Adams parcel. Preliminary plans for the McClure property indicate that Bentley Avenue will connect to McClure Way and access Route 522. The intended purpose for the rezoning of the subject parcel would be to allow the construction of single family lots. The owner intends to preserve the environmental corridor along Buffalo Lick Run and preserve as much of the woodlands character of the parcel as is practical. For this reason, the owner is willing to proffer a limit on the permitted lot size to be created during the subdivision of the parcel into single family lots. Please refer to the attached Proffer Statement. A. SITE SUITABILITY The upland areas of the site are well suited for development of single family homes. Building sites can be created on the gently sloping areas above the Buffalo Lick Run stream valley. Access roads can be aligned along the contour of the land running southeast to northwest. Utilities can be extended to the building sites from the neighboring subdivisions. 100 YEAR FLOOD PLAIN FIRM Community Panel Number 510063 01158 shows the area adjacent to the Buffalo Lick Run channel is flood zone. The flood hazard area has been identified on Exhibit A-4 and contains approximately 5.2 acres. With the exception of utility installation, no disturbance of the flood zone area will occur in conjunction with the development of this property. page 1 IMPACT ANALYSIS 6 1 A o tMt-- I PARCEL ID 64 ((A)) 40 WETLANDS Wetlands have been identified on the site. The wetlands are restricted to the immediate area of the Buffalo Lick Run channel flow area. No disturbance of these wetlands will . occur in conjunction with the development of this property. STEEP SLOPES The property generally slopes to the northeast. Slopes increase in severity as they approach Buffalo Lick Run. These steep slope areas are shown on Exhibit A-4 and contain approximately 9.88 acres. Disturbance of the steep slopes areas within the environmental corridor is prohibited by property encumbrance, that is, the approved Master Development Plan for Airport Business Center. Limited disturbance of steep slopes outside the corridor will occur during road and house construction. The disturbance of the steep slope areas is allowed in accordance with the approved Master Development Plan for the Airport Business Center. MATURE WOODLANDS The site is completely wooded. These woods contain such canopy species as white and red oak and black cherry. Understory species consist of Virginia Pine, locust, dogwood and red bud. This wooded area will be preserved to the extent practicable. Disturbance of the woodland areas within the environmental corridor is prohibited by property encumbrance. Limited disturbance of woodlands outside the corridor will occur during road and house construction. The disturbance of the woodlands is allowed in accordance with the approved Master Development Plan for the Airport Business Center. The owner, by proffering to create large lots, will insure that much of the woodlands will be preserved. SOILS According to the Soil Survey of Frederick County, the site contains the following soil types: Weikert-Berks channery silt loam (41 B,C,D,E), Clearbrook silt loam (913), Lobdell silt loam (28), Berks channery silt loam (1 B). These soils are part of the Wei kert-Berks-Blairton Association which are generally shallow to moderately deep and formed from weathered shale or sandstone. The Unified soil classifications are GM, ML, and SM. Weathered bedrock can be expected at relatively shallow depths around 30 inches below the ground surface. Critical areas on the site consist of perimeter steep slopes in the Buffalo Lick Run stream valley. Construction will be restricted from or limited in these areas by the existence of the environmental corridor. page 2 IMPACT ANALYSIS STATEMEV'r PARCEL ID 64 ((A)) 40 1 B. SURROUNDING PROPERTIES The site to be rezoned is bordered on the east by property owned by Adams Family Limited Partnership, Airport Business Parc, LLC, and Kohl's Department Stores. Inc: All of this property is zoned M-1. The Adams parcel is currently vacant. The Kohl's parcel is the site of a 400,000 square foot distribution facility. To the south is land owned by Russell. This land is zoned RA and is used for residential purposes. To the west and north is land owned by McClure, Riggleman and the Chapel Hill subdivision. These parcels contain single family residences under the RP zoning. No adverse impacts from the proposed development of the site are anticipated. Please refer to Exhibit A-2. C. TRAFFIC The total number of lots which may be developed from the parcel is unknown. For the purposes of this report, we will estimate the number of lots based on the following assumptions: Parcel Area = 35.396 acres Area in Streets = 2.1 acres Area in Environmental Corridor = 8.13 acres Average Parcel Size = 0.5 acre Total Number of Lots = 50 Traffic estimates will be made using the figures in the ITE Trip Generation Manual, Sixth Edition, associated with single family detached housing. According to ITE Trip Generation figures, the average trip generation per dwelling unit on a weekday is 9.57. The average estimated daily trip generation for the proposed development is 479 vehicle trip ends. The average trip generation at the A.M. peak hour is 0.77 per dwelling unit The estimated peak A.M. trip generation is 39. The average trip generation at the P.M. peak hour is 1.02 per dwelling unit. The estimated peak A.M. trip generation is 51. Traffic will enter and leave the property via an entrance proposed to intersect Bentley Avenue. With the development of the McClure parcel, Bentley Avenue will connect to 522 directly and also via proposed McClure Way. D. SEWAGE CONVEYANCE AND TREATMENT There are currently public sewerage facilities nearby serving other residential developments. It is anticipated that sewer service will be obtained from the existing sewer in Buffalo Lick Run. Depending upon the acquisition of easements on private property, sewer could be conveyed by gravity or force main to the existing lift station located on the property of the Airport Business Parc, LLC. Please refer to Exhibit A-5. page 3 IMPACT ANALYSIS STATEME' "T PARCEL ID 64 ((A)) 40 E. WATER SUPPLY There are preliminary plans which show the extension of public water line from Route 522 via McClure Way and Bentley Avenue. It is anticipated that the water line will be extended through the McClure property and the Chapel Hill subdivision to the parcel to be rezoned. Please refer to Exhibit A-5. F. DRAINAGE An increase in storm water runoff can be expected with any development on the parcel. Storm water management will be provided in accordance with the Frederick County Code, Chapter 165. It is anticipated that adequate channels exist or will be created to convey storm water runoff directly to Buffalo Lick Run. G. SOLID WASTE DISPOSAL FACILITIES The nearest solid waste transfer facility is located approximately 5 miles to the northeast on Sulfur Springs Road. No additional solid waste disposal facilities will be required for the proposed development. The amount of solid waste generated by the development can be estimated based on five pounds per capita day. The average number of residents per household is 3.5. Tipping fees are $35.00 per ton. Collection fees are $25.00 per ton. The annual cost projected to meet waste disposal needs can be estimated by assuming that the subdivision will contain 50 lots: cost = cost per ton of waste x tonnage $9,581.25 = $60.00 x (5x3.5x50) x (112000) x 365 H. HISTORIC SITES AND STRUCTURES The site contains no known historic sites or structures as listed on the Virginia Landmarks Register and the National Register. According to the Frederick County Comprehensive Plan Battlefield inventory, the property lies outside the commonly accepted limits of the major civil war battles. The Rural Landmarks Survey Report lists several architecturally or historically significant sites and structures within approximately one mile of the site. Please refer to Exhibit A-3. I. COMMUNITY FACILITIES EDUCATION The number of school aged children that can be expected from this residential development is 75. The development can be expected to be fully developed within a five year period. The Frederick County Capital Facilities Impact Model calculates that page 4 IMPACT ANALYSIS STATEME-''-T PARCEL ID 64 ((A)) 40 the projected capital cost for educational facilities attributable to this development is $478,441. EMERGENCY SERVICES Police protection is provided by the Frederick County Sheriffs Department. The nearest fire and rescue facility is the Greenwood Fire and Rescue Company No. 18 located approximately 6.0 miles to the northeast of the property on Senseny Road. No additional fire and rescue facilities will be required for the area proposed to be rezoned. The Frederick County Capital Facilities Impact Model calculates that the projected capital cost for emergency service facilities attributable to this development is $34,969. PARKS AND RECREATION The Frederick County Capital Facilities Impact Model calculates that the projected capital cost for public park facilities attributable to this development is $72,863. J. OTHER IMPACTS The Frederick County Capital Facilities Impact Model calculates the following additional fiscal impacts attributable to this development: • Public Library - $13,343; • Sheriff's Office - $9,404; • Administration Building - $12,068; • Other Miscellaneous Facilities - $15,343. After adjustments for tax credits, the net capital facilities impact is $457,772. This translates into a net cost per dwelling unit of $9,155. Please refer to item 6 in the Appendix. page 5 IMPACT ANALYSIS STATEM ""-'r PARCEL ID 64 ((A)) 40 IMPACT ANALYSIS STATEMENT APPENDIX item EXHIBIT A -1 -SITE LOCATION 1. EXHIBIT A -2 -PROPERTY MAP 2 EXHIBIT A -3 -HISTORIC STRUCTURES 3 EXHIBIT A -4 -ENVIRONMENTAL FEATURES MAP 4 EXHIBIT A -5 -PROPOSED ACCESS AND UTILITIES 5 EXHIBIT A -6 -FISCAL IMPACT MODEL 6 EXHIBIT A -7 -CURRENT TAX STATEMENT 7 EXHIBIT A -8 -PROFFER STATEMENT 8 page 6 -All t V, rp Clow ora A 1p A ; 's I I I rr, V N I er�_ fr4rs Vblle* 'j- 13M 7jj 1 Ur' W; ISO 0 41 N jj 1) u ut t Q-1 pj Winches ler muhiciph N hpoll 7*p., ap Jb, ~7750 to - .10 it, (f d) -1Vp 1 4 �0 44. 0� SlsenaesOo 11 ;:,•-.:., �1rrnuri. 1 Park I�j���� .A inJ. N Scala 1 2000 ft SITE LOCATION ADAMS FAMILY LIMITED PARTNERSHIP PAINTER-LEWIS. P.I.C. IMPACT ANALYSIS STATEMENT EXHIBIT A-1 302 S. BRADDOCK ST., SUITE 200 04JAN00 WNCHESTER, VA 22601 PROJECT NO. 9610020 S48'27'46"W 1101.51' USE: �S''-4� 7.2N ��o 7 22 z 53311: p3� 1 1 I 1 1 I L PARCEL B 1c=! 64 -A -40E KOHL'S DEPARTMENT STORES, INC. ZONED M-1 r� USE WAREHOUSE/DISTRIBUTION 53.3316 ACRES 1 1 I 1 1 I 6,233 1 22/E�i I N 64-A-40 AIRPORT BUSINESS PARC, LLC. ZONED M1 USE: VACANT 52.0557 ACRES ADAMS FAMILY LIMITED PARTNERSHIP IMPACT ANALYSIS STATEMENT 04JANOO PROJECT NO. 9610020 64-A-37 JUSTUS RUSSELL ZONED RA USE: RESIDENTIAL PARCEL F 64-A-40 — ADAMS FAMILY LIMITED PARTNERSHIP ZONED M-1 `mss.♦ USE: VACANT fir♦ 7.5944 ACRES 1 1 1 1 64 -2 -Cl WAYNE C. McCLURE 1 ZONED RP PARCEL E 1 USE: RESIDENTIAL 64-A-40 ADAMS FAMILY LIMITED PARTNERSHIP v -,- ZONED -ZONED M-1 USE: VACANT 35.396 ACRES 1 1 1 �♦ 64-44 DAUSON W. RIGGLEMAN ZONED RP USE: RESIDENTIAL PROPERTY MAP EXHIBIT A-2 NOT TO SCALE USE: RESIDENTIAL PAINTER-LEWIS, P.L.C. 302 S. BRADDOCK ST., SUITE 200 WINCHESTER, VA 22601 64-5-1 LEON W. LARGENT ZONED RA USE: RESIDENTIAL S4927'46'W 948.36' \ 6417-1-5 k C.D. & F.L. ADAMS ZONED M-1 S48'27'46"W 1101.51' USE: �S''-4� 7.2N ��o 7 22 z 53311: p3� 1 1 I 1 1 I L PARCEL B 1c=! 64 -A -40E KOHL'S DEPARTMENT STORES, INC. ZONED M-1 r� USE WAREHOUSE/DISTRIBUTION 53.3316 ACRES 1 1 I 1 1 I 6,233 1 22/E�i I N 64-A-40 AIRPORT BUSINESS PARC, LLC. ZONED M1 USE: VACANT 52.0557 ACRES ADAMS FAMILY LIMITED PARTNERSHIP IMPACT ANALYSIS STATEMENT 04JANOO PROJECT NO. 9610020 64-A-37 JUSTUS RUSSELL ZONED RA USE: RESIDENTIAL PARCEL F 64-A-40 — ADAMS FAMILY LIMITED PARTNERSHIP ZONED M-1 `mss.♦ USE: VACANT fir♦ 7.5944 ACRES 1 1 1 1 64 -2 -Cl WAYNE C. McCLURE 1 ZONED RP PARCEL E 1 USE: RESIDENTIAL 64-A-40 ADAMS FAMILY LIMITED PARTNERSHIP v -,- ZONED -ZONED M-1 USE: VACANT 35.396 ACRES 1 1 1 �♦ 64-44 DAUSON W. RIGGLEMAN ZONED RP USE: RESIDENTIAL PROPERTY MAP EXHIBIT A-2 NOT TO SCALE USE: RESIDENTIAL PAINTER-LEWIS, P.L.C. 302 S. BRADDOCK ST., SUITE 200 WINCHESTER, VA 22601 N i O,Ipr '��Ill/l,��e � ; , .� � ' • � �'• 41Q, t • ' , •,'- t', �' 1(, '' { ( ! ,rr„t'./ Ir 1 ,, •�` •\-•- , e \ 'r-��°�\• �• > tt �i' •1 0� it � ,� �' s ,, ,ti •i 1 , .i �,, •, t �. 1t: , ` , , 1 /' \ A.•� ` �J'll�l It .. ;..!''. oo t t ') . O 1, . � _ y' • .. �.. mow• s r�i� AJ• I 1 t"�'I \' r- )3�' Ilii• \• 1. i '� 1 II �- •�.s �` CJ r '� j: li�•l�l �,1,�(� •I'(1t 1Y�.�1'i �'•• •v� It1 •�,1 733'�I �•�r•, ' , � It. ••" � ){ .�;="'S`rr- �, 1 (, J l�al�tll. •'i ,rr ._. 1 1 fx-nJ f � I ''. •!11'1 •" 'J II 1 -\ �t r "�' � , ,1 i % �'� //�7�` � $ha l: ,• ( i 1' '::r � � ' 11 •;fit, , 1!�Js Vhlle ,- �' tf ,- A �.l' '1 •�'1 \ ,� fill•-1�:,= h9 EJ •, ,). .c `1 �' ''�.t •1 'S. 1�. _ 'r• .�f/1 . ,;:�.,. J. � 1 r J• •/ tis 1114 o .,�• t t I1 k toa, , j� ,h �;. ;p F . , o16 , �`.�; :•; .1, ((�."•�;/ 1� /'f,• ; � ;-_...., �;�,;..1..� ',� ,� F� tis �, �• ��• .` . �, •`1. ' t`.i .. x '•� (i 1:•;` 1'1. , .�.�, 1' •,.. ! i( r .\ f •/ , ..tt� ,: Fi j�'•f••�I oil,,' 0 tl `\' "e r`^5 11 ` t , p ra�gj • l'(!Za. , r/ 1 1J { v '� tt � "• .� \. t , -. \+ 1 �st�•' ,t�.; 1 1 �: �.` l off; . ->- � ��•, ' • .S" ', � •: (So _ 1 �, '' ► '-� � i ,,. ill , � :{� • �1.... i• I , t 1'' i]�� _ CWinchester MonlciP. ' J' �w t rit ort J/ i) , • �' ,11 ;` Jl.' . (.. ^ ° 1l Ori ,Il •r 1 r , r1► ' ; . ` � (/ r1p1� �\.v✓�"y'!1I •� t t �rl � ' ff L1 p 72 750• 1 A / R . • / / �:.! • ,. �\��.• yr• U�.r—) .� G S9 •,: , i. 1 ' jl(/t.y q 0c Ig liar, 1• •, r ., �1.: . S �' :; ��' , t ;ir'.;•.J IrP: \, �s. _ . cr=' %k .�• _�/��r �. 'li <.rc •I 11 1 '1 �� t� �. `.T�a. t1' �•6� +i4i�"•$t. ,�/ ,•I ��/J , �• ;'`_5 I• �. �,'•�'�', � 1 �1�• 1•;� 7(/U i.�sAl•• •• ,�'� • 1 �'•1•'I_,ll� �f; r , �t/ �• •, •..- . �+ s>•J•1.•\ J, ; —! •'r • 1 / ,J ' In .� .11C1,'/) �,`, J/. • l��Nv '`. :. V. 0Y,,,.1._, Shenandoahy iMernori hParkI1..' i1lJ; %�� L ,..' ' ) •i �. _ Ir`� f.• • •!� •1 • / . , '' tai y `S. .� •,. r' ' 'i •r t' �•.. u., �no'S.I�NI {•- Ir•avlhr. I(J• .� /' 1` , •'r�:�� •'lJ r \.. 3d � • .,w SZ:' 1 ar i 1 II JJ \}\\ r Y Cl SULLIVAN HOUSE 144 FORD HOUSE 329 ROSENBERGER FARM 430 RUSSELL PLACE 431 EVENDALE SCHOOL 433 HOUSE OFF RTE. 522 457 HOUSE OFF RTE. 522 459 HOUSE OFF RTE. 522 460 MORELAND'S STOPS'S SHOP GROCERY 461 PINGLEY HOUSE 462 HOUSE OFF RTE. 522 118 HOUSE OFF RTE. 522 I� 11823 Scale 1" 2000 ft ADAMS FAMILY LIMITED PARTNERSHIP EXHIBIT A-3 PAINTER—LE1MS, P.LC. IMPACT ANALYSIS STATEMENT 302 S. BRADDOCK ST., SUITE 200 04JANOO WINCHESTER, VA 22601 PROJECT NO. 9610020 � � o F7AV LUBam i ARitFA4� MESSv ` D D D mz 0 WOW &mAta ill ZONED�S Os:.�ss7 Z Z D ACRES o D r- 0 0 -C rn • . 0 o cn - z �v < — �� mD z T /V 'i z m O U v rte,. t I caii� 1me H-1 v 7MAMES VACW m r i D , m r— o FAHX UM p im W=LM ds ACRES ug: E V v os C Ar�utr D 35M AMB STE D �y m OODLAND t CA o -0 (n WAVE a Ycam I we r P Z WI¢W K `I AY ` USE i®QINiL zm IMU (') > ug: �toAi ;d. z ��r ' o N " D rn c -0 r Fri o•r 0 f i balum mu F7AV LUBam i ARitFA4� VACM AMES ill >' S-3omr' -- --.. m r i D , m r— o FAHX UM p im W=LM ds ACRES ug: E V v os C Ar�utr D 35M AMB STE D �y m OODLAND t CA o -0 (n WAVE a Ycam I we r P Z WI¢W K `I AY ` USE i®QINiL zm IMU (') > ug: �toAi ;d. z ��r ' o N " D rn c -0 r Fri o•r 0 f i balum mu TPUT MODULE Revennuc+- Cod Hwance F°seiMM NetCapi l I PW Net Cost Per DyJ&MI (�h H,, $0 $0 ..-fUCANT: PIN 64A40 3598 Net Frmeai kvw 5120347 3368.094 $7,162 LAND USE TYPE Single Faa* Casts of 1magg-CLadtCm $1.195 $4,008 $2.818 RM EST VAL 36,555 COQ FIRE 6 RESCUE Required (entered in Ctr. Budyrt Cur. 8udgd cap. ft b be Take FL*"CP 6 019kILEAGNM 3U m sum only} Qpg Cao L Err +noir c. tam. OMty Fua rmnd Rescw Dap ff"em $UN9 $0 $254,132 3178,659 $457.772 Elmtent wy Schools $3.994 $0 1Q AdcaSetwols Ko Schools $108,114 $156,133 9,15b S25= $145.984 Packs and Recrmtion 372,863 $181636 PtMc Litrarp ;13.343 OM Stwitrs 016ccs 39.404 $3,302 $0 . 1 $1.733 31.773333 AdmkO*afmn ung $12,068 $0 CdW WMellaneous Facirlies 315,343 $46.0M $9,258 SUBTOTAL $636,431 $74 12 $155,242 324,378 LESS. WT FWAL WA CT ya NET CAP. FACIUIIES UpAcT Total PdanUal Adoswoug For Tax Credits akaftkw Revennuc+- Cod Hwance F°seiMM NetCapi l I PW Net Cost Per DyJ&MI (�h H,, $0 $0 534,96$ 3598 $171.186 5120347 3368.094 $7,162 $18,636 $13.102 359.781 $1.195 $4,008 $2.818 $10,525 $210 'o $3-`40 $5^4 5117 3U 30 $12.968 $241 $53266 338.853 30 $0 $254,132 3178,659 $457.772 $9.155 $0 $0 1Q 9,15b INDE]['1 Z w cap. Equip Irtcudet 10 INDEX '1.0' if RewCod 8d, -= it Rado to CaAvw 0.0 Rw-Cad Sal a 0.451 P1J11' NIMG DEPT PREFERENCES 1.8 1.0 Ratio to Ca Aug' 0.703 M Tt-JODC) y 1. CapdaffaciliiasragtdnemarrlsareipAbthe fig ookmnascalmlabedinthe m=W, 2. Net Focal Impar NPV from opwatiom caicdabons is input in row ental d sacmrd ookmn % d ra9ughm}: induced ant ihsun 4vo Wwj%es for ane yah only at jW vacua 3. NPV of flirts aper caP equ(Ptts Paid in thed column as tahiculded in focal impacm. 4. NPV dfubreopitMOVesdihuetWMMpatdlnfburfi►mfascal=lawdarfwdQnpa*. 5 NPV orfutme tams pMb b*Q cLonmtcounty up bswAwd for mwfaaiities, as caiculdedfor mach nowtw*/. 8_ Cdumns Wteethmt* five am added as lid aedift gaiast the rak g" capital Lac hWm mgtiremwRL Ttlese xs adjaded farpoewdor ;ls eowrud byte mwwLvs Rom $Rte pmjeat (mew, oras ratio b avg. ror am residential *vdop nwq. NOTE Proffer cakulatioas do tat include induce inieeest b6CWw Way aro Cash paynwrdb up front Credos do induce k tmrest ifthe pr *ft are debt bwwed. NOTES: MOM Rpn Daft 01)07100 EAW r P.I.N. 64A40 Ra¢onihp: Atsaxa ss 50 Sir4s FanW y Dwe fts on 35366 acres coned RP DlslricL U 4 c9 T Dae la changing OwNWans asswAdsd wild davalopmitin the County, to merits orthis rp OtrtQut Module nw nd be valid beyond a period 4190 days from Qte model trot dabs. � uC t: i a h .. Jan. 4. 2000 2:0641 C. William Orndoff, Jr., CGT County Treasurer CC= :' NTY of FREDERICK Office of Treasurer P.O. Box 225 Winchester, Virginia 22604.0225 540/665-5607 PAX 540/662-5838 January 4, 2000 Taxes on parcel #64-A-40 are Current. Sincerely, 2ftc' -- R. Hayne Corbett Deputy Treasurer 107 NORTH KENT STREET . WINCHESTER, VIRGINIA 22601 No..4922 P. 1 Judith K. Malone Deputy Treasurer R. Wayne Corbett, CGDT Deputy Treasurer for Compliance 749 .S09 E- S s�9 S0 3B E a h A? *19 ZY h9 Z57¢61 ACeeEs �v��v�s oti 4rR S �S lfC`3"'E ¢1363" Qp- c90 4'�ri/ NOC�'MAN\�` McCCU�E qb .(/OTE �POpEPTI' C/�/E S//0/YN NEQEDI/ /S 20 ",CAOM CE.I/TEQL/.UE OF ti,4 FOl/TE G.5¢ M 0 h T,K 0-4 _ DL AT OF �, �tucE aAr�ovo �. �G'®SEitle�e��'GE.P [ADVO fiTIPICl1TE Na SH4sZ'.UEE O/STO/CT� F,PEaEP/CX COUNTY b4-17.3 (9)965 1'iPGi�viA *Iba (ba182oa SC/!LE / :=GOO' -.40— .!/OI! /S, /9CY5 L7►T1>s 9� xWeRW P60 BY G,PEEblf'AY ENG/,VEER/NG AW SUQVMIXIC CO, MC. H'IM-11057-6 f', !1/,PG%l//A N 10 4: I �r Vr , G4h r or �r or �r A? *19 ZY h9 Z57¢61 ACeeEs �v��v�s oti 4rR S �S lfC`3"'E ¢1363" Qp- c90 4'�ri/ NOC�'MAN\�` McCCU�E qb .(/OTE �POpEPTI' C/�/E S//0/YN NEQEDI/ /S 20 ",CAOM CE.I/TEQL/.UE OF ti,4 FOl/TE G.5¢ M 0 h T,K 0-4 _ DL AT OF �, �tucE aAr�ovo �. �G'®SEitle�e��'GE.P [ADVO fiTIPICl1TE Na SH4sZ'.UEE O/STO/CT� F,PEaEP/CX COUNTY b4-17.3 (9)965 1'iPGi�viA *Iba (ba182oa SC/!LE / :=GOO' -.40— .!/OI! /S, /9CY5 L7►T1>s 9� xWeRW P60 BY G,PEEblf'AY ENG/,VEER/NG AW SUQVMIXIC CO, MC. H'IM-11057-6 f', !1/,PG%l//A COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/678-0682 TO: Planning Commission FROM: Michael T. Ruddy, Zoning Administrator Ali/ SUBJECT: Request for Exemption from the Subdivision Ordinance Requirement, Thomas P. Martin Property DATE: March 24, 2000 Staff has received a request from Ms. Betty Bowen, Re -Max Realty, on behalf of Mr. Thomas P. Martin to gain a exemption to the 50 -foot right-of-way width requirement of the Subdivision Ordinance [§ 144- 31.C(3)]. The Board of Supervisors, upon recommendation of the Planning Commission, may allow for exemptions to the Subdivision Ordinance in cases of unusual situations or when strict adherence to the general regulations would result in substantial injustice or hardship [§144-5]. Mr. Martin owns a 21.7 -acre parcel in the Gainesboro Magisterial District within a large -lot subdivision; the parcel is identified with Property Identification Number 34 -A -127A. Access to this property is via a private road system with an existing 30 -foot right-of-way width. The existing right-of-ways, Valley View Drive and Upland Road travel over property owned by others and ultimately connect to Old Bethel Church Road, Route 608. The Subdivision Ordinance requires that lots be created with a minimum 50 -foot right-of-way width [§ 144-31.C(3)]. As previously mentioned, access to the parcel in question is via a 30 -foot right-of-way across property owned by others, the request asks that the Board of Supervisors exempt this land division from the 50 -foot requirement so that the existing right-of-way may be utilized. It is staff's opinion that this request has not demonstrated that an unusual situation exists and adherence to the regulations would result in substantial injustice or hardship. The applicant has provided two letters from adjoining property owners stating that they are not willing to provide additional land for the expansion of the right-of-way. These letters are inconsequential as the ability exists on the Martin property to expand the right-of-way in this area. Further, the existing right-of-way runs through six additional properties prior to connecting with Old Bethel Church Road. No indication as to the availability of additional right-of-way has been noted. The Planning Commission should make a recommendation on this request to the Board. Should the Planning Commission make a favorable recommendation, it should be for this two -lot subdivision only. Staff is available to address your concerns. MTR/ch Attachment UAMIKETommonlSUBDIVIS1Waiver requestsWar inExemption.wpd 107 North Kent Street ; Winchester, Virginia 22601-5000 February 28, 2000 Frederick County Department of Planning and Zoning 107 North Kent Street Winchester, Virginia 22601 Attention: Mike Ruddy Dear Sir: I am writing on behalf of my clients Thomas P. Martin in regard to the subdivision of his land in Back Creek District, Frederick County, Virginia, The Parcel is identified as PIN 41-A-9, Will Book 108, Page 147. It is my understanding in order for this land to be subdivided by the current requirements a waiver must be granted by the Planning Commission and the Board of Supervisors for the right of way (Upland Road and Valley View Drive) leading from State Route 608 (Old Bethel Chruch Road) that is less than fifty (50) feet wide. The property is currently being accessed by a thirty (30) foot right of way. Attached are copies of statements from the adjoining land owners indicating they are not willing to increase the right of way to fifty (50) feet. I am requesting that this item be entered into the Planning Commission and Board of Supervisors agenda. Thankyou,.,, Betty I wen Re -Max Realty Enclosures February 28, 2000 Donald M. Daugherty Diana G. Daugherty 890 Valley View Drive Winchester, Virginia 22603 Betty Bowen Re -Max Realty 440 West Jubal Early Drive, Sute 200 Winchester, Virginia 22601 Dear Betty: We are the owners of land identified on Frederick County, Virginia Tax Map 41 -A -8A and adjoining the property of Thomas P. Martin and we are no- willing to give addition land for widing the right of way (Valley View Drive). Sincerely yours, Donald M. Daugherty February 28, 2000 David O. HELMICK Kathy R. HELMICK D,B. 935 p.1538 PIN -41-A-4 Zone; RA Betty Bowen Re -Max Realty 440 West Jubal Early Drive, Sute 200 Winchester, Virginia 22601 Dear Betty: We are the owners of land identified on Frederick County, Virginia Tax Map 41-A-4 and- adjoining the property of Thomas P. Martin and we are not willing to give addition land for widing the right of way (Valley View Drive). Sincerely yours, David O. Helmick N 9 LL W Zone:RA . U•e:ReeiderrBal D.B.70Z, P.553 Palo 30' R/W - d Comer of SFray IrTI4, " System D.8-890, P.135+\ ? I o ; r r' TRACT' 3 � William !. CC * Margaret L e aToi b � D.R.288, P.292 • :r PI14-41-A-96 Zane:RA j Uarvacant f " � 1 -TV a '� 1 a4 op � r r of 1 'o� f 1 1 �^ t 54438 �� 141.3&• / 502' 1 trbutlen 1 N No Title Report Furnished. 2. The rposed nntidd 1 i PARCEL a E-7' 1 12.2983 ACRES property conveyed by Frederick Elliott Martin to Thomas P. Martin by a Will doted P.1 we - 1PR SN -41-A-4 4 October 19, 1994 and recorded in the Zone. -RA _ llse:Re•id•nttot 1 a Line acoording to survey 100' 6:R.L�---- 2.8166 ACRES hi�unaS3606115 ry Lit,."� to a Baundary Una Agreement andLine pe.9a31 88suarvn��� d at p 366, P 185 and 0.8.87, P.188 and D.B.75. P.209 �O NOTES 1. No Title Report Furnished. 2. The PF 71104a q 1 property shown on this plat is the sem N1T5S+YE � R, Heelmiicckk 82.39• D.S.N. property conveyed by Frederick Elliott Martin to Thomas P. Martin by a Will doted P.1 we - 1PR SN -41-A-4 October 19, 1994 and recorded in the Zone. -RA _ llse:Re•id•nttot Office of the Clerk of the Circuit Court of Frederick County, Virginia in Wdl Book 108, Page 150. 11'E 1✓ N4S48'S2" Eretyn Kmsr a a.s 849. P.1ta2 3 The Property shown on this pia# is located �i E 3Z 7i' N {7�y.. 1 1097 1 R1N`�' 2.6' D 8 89+, P.1578 PMQ,'jt.A Z3A in Zone C" , os shown o insurance Rate Map, N2327'12r'E Zone:RA Use:Re•Id•ntiol P y COmtrlun tM-Paneth yurnber 510063 0100 B. effective dote Exta'tlny Grnvsl�Pe1i`" • 132.06' : Regd a Oat of 1 of July 17, 1978. Right of Way Polo ' 1 w.n,N�,s PS Pole r e r ! 4hgrno! Parcel .E, .1 69.40' 2j.78o1 Acres 1 Dletri Ion TPP a9 y SSW0701VE 78.41' x 1 MGMAS P. MARTIN r yi WS 108, P.1 47 1 Pkv=41—A-9 to Z4ned:RA i -Vacant 1a, �, BHMdc6 INY�7iApdig ?4 �a EL P6D8.7 UPC n Is w o , 75 0$757, P.942 Elliot Ritchie. Jr a PARCEL E-1 i� ml r tCo 1 9$3 A�lM � Ir m PIN -41-10-20 a, 2ona-I:A t1sa:Paatum v a LICENSE No o (al r 131 1 c� i ci ` /.3/.P&s9 �¢ 4r0suR`le 7 N=7'46'E 1 t16��267, P.451 tb244 Nail Found IPS 1 • � 11 535'os•15'w •' 1.381 Square Feet of MINOR RURAL SUBDIVISION ' 1PS Survey RseoMed it OF THE LAND OF 145.67' This Boundory Line ie Sub'ect to o Boundary Lina Agreementb-Boverlapping.7R4 D.8.728, P.94 oral P. TH 0 MAS P MARTIN l Valley Proteins. Inc. GAINE580R0 MAGISTERIAL DtS?RICT -389 -- . PIN -41 P.3a9 PIN -41-A-96 FREDERICK COUNTY, VIRGINIA SCALE: ^ DECEMBER 28, 1999 ZOOS: f Uae:Paeture RITCHIE SURVEYS ij 5 EPHENS CITY, VIRGINIA Sheet 2 of 2 OCT 19 199 21:40 FR COMPUTER ASSOCIATES 703 70e 3039 TO 915406623192 QQT-1899 12;22 P7 RE—MAA ---_—__— P.06%06 IOU ;j 8;2 WE State Of -VIVA10L. county -t Frederick, to -vii! 7. "L."Lnia llkk.r, p a -my rolia in and for the ccanty pf Fred-wi4h' 1. the Uses of vir#lmli, 4o hereby sactity that O.QrBd Jr,l, whose name Is signed to the foralej.0 writing baST1.5 date at Audit has personally appeared before P4, -L6 SY 004utY SfOtwmatd, and ack"wtadged E%e seam. I Given under eY hand qlhid •J to d -Y of ^08vat, 196l, MY a6eralsatan 43WL*aml March 10, 1064. r he e—w, Notary 790146 waf 43vr '71 RL7 5406623192 PAM. 06 ** TOTAL PAGE.06 COUNT' of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/678-0682 MEMORANDUM TO: Planning Commission FROM: Michael T. Ruddy, Zoning Administrator 114 `- I SUBJECT: Request for Exemption from the Subdivision Ordinance Requirement, Melbourne Properties Morgan's Ridge. DATE: March 23, 2000 Staff has received a request from Mr. John Folds, Melbourne Properties, to gain an exemption to the Access Requirements for Major Rural Subdivisions section of the Subdivision Ordinance [§144- 31.C(3)], specifically, that the roads providing access to the lots within this proposed Major Rural Subdivision are exempted from meeting the Tertiary Subdivision Street Standards of the Virginia Department of Transportation (VDOT), and from dedication to Frederick County for eventual acceptance into the state secondary road system. The Board of Supervisors, upon recommendation of the Planning Commission, may allow for exemptions to the Subdivision Ordinance in cases of unusual situations or when strict adherence to the general regulations would result in substantial injustice or hardship [§ 144-5]. The proposed Major Rural Subdivision, known as Morgan's Ridge, is located adjacent to the West Virginia State line, in the vicinity of Route 522 North. This is in the Gainesboro Magisterial District. Morgan's Ridge comprises of approximately 400 -acres. Melbourne Properties proposes to subdivide this into 10 lots, each 40 acres in size. Access to this subdivision is proposed via a shared private right-of-way, 50 feet in width. The proposed private right-of-way would connect to Route 522 North through a similar development proposed and located wholly within West Virginia. Ultimately, this will connect to Route 522 in West Virginia.. The Subdivision Ordinance requires that the roads providing access to the lots within this proposed Major Rural Subdivision meet the Tertiary Subdivision Street Standards of the Virginia Department of Transportation and are dedicated to Frederick County for eventual acceptance into the state secondary road system. [§ 144-31.B(2)]. This request asks that the Board of Supervisors exempt the proposed subdivision from this requirement so that the proposed 50 -foot right-of-way may be utilized. 107 North Kent Street • Winchester, Virginia 22601-5000 Morgan's Ridge Exemption Request Page 2 March 23, 2000 It is staff's opinion that allowing a Major Rural Subdivision of this scale to occur without the benefit of a road infrastructure to the standards required by VDOT, which would also enable the perpetual maintenance of the same roads by VDOT, would be inappropriate and set an undesirable precedent. Further, this request has not demonstrated that an unusual situation exists and that adherence to the regulations would result in substantial injustice or hardship. The Planning Commission should make a recommendation on this request to the Board. Staff is available to address your concerns. MTR/ch Attachment UAM1KE\Common\SUBDIVIS\Waiver requests\morgansridgeexemption.wpd 03/12/14 WED 23:10 FAX M—ELBOURNE PRCyPEnTIES, INC_ 2410 Oakmont Court - Oakton, Virginia 22124 Tel: 703-620-1722 - Fax: 703-620-2685 February 24, 2000 Mr. Michael T. Ruddy Zoning Administrator Frederick County Virginia Winchester, Virginia 22601 Dear Mr. Ruddy: We have recently purchased 1500 acres of which approximately 1100 acres are located ,in Morgan County, West Virgnia and approximately 404 acres are located within Fredorick County, Virginia. We plan to develop the Morgan County Land into a subdivision of Parcels of not less than 20 Acres. Given the location and nature of the land in Frederick County we would like to develop this 400 acres into Ten Parcels of approximately 40 Acres each. This request is based on 'Section 144-5 of the Frederick County Code. It is our understanding that this 400 acres could be subdivided into 'three Parcel without complying with the Standard Subdivision requirements. The location and topography of this 400 aures does not lend itself to a more intense type of development. We have enclosed a Preliminary Plat showing the configuration of the Proposed Ten 40 Acre Parcels. All of these parcels would be develop consistent with requirements typical of this size Parcel. They would be served by a road that would lead from Virginia.into West Virginia through the 1100 Acres arid connect with Highway 522 in West Virginia (See enclosed !,location plat showing land and road System). Additionally, each parcel would be subject to approval of the Frederick County health Department for an approved septic system. Each Parcel will have a covenant x2zQhibitjna the erection and installation of mobile Mamas. 10002 03/12/14 WED 23:10 FAX In ,surmary, this «P�YPQY{Y for an Exception is based on several elements that seem to be consistent with the intent of the Code, the interest of Frederick County, and well as the best and highest use for this 400 Acres: (1) The location and topography of the 400 acres. (2) A road system that would best serve this 400 acres. (3) A requirement of Health Department Approval for IU Parcels . (4) This exception would create an additional Seven Parcels, but the total of Ten would be created in such a way to he consistent with the intent of 'the Code. We solicit your advice and comment as to how to improve this request for an Exception. Sincerelydyours, r-57 - 'Y`61 nE. Folds encls. 10 003 03/12/14 WED 23:12 FAX [MOOS SITE Morpoh C��� �I (,Y , 1 27 r 96 ,1` ��✓ 1, �\ 7 50 / MORGAN' S RIDGE L oca tion Map %ryjp SWO: f — 2 MN" ti i1 ♦ ♦ 2Z 03/12;14 WED 23.11 FAX Prellmnary Sketch Mu�u�N'" niDc, Average Lot Size .F 40 Acres $cels 1- = low' Febrvory 15. 2000 contour Intervci a so' TOTAL AREA = 400 Acres about 3 acres ties within Hampshire County, West Virginia Cou51ea Lot 4 / of 110005 1 o West Virginia s 1 Vir i yal�,,Lot /Lot 10 1500 � �f- hI� - Fxleting Rood BERKELEY LAND SURVEYS, TNC. Berkeley springs, hest Virginia Plat No. rdgvo.l,dwg Michael M. Crawford W. VOL. Licensed Land Surveyor No. 594 03/12/14 f�,W'En 23:10 FAX SaAsi7" � PODO' Contour Interval — 50' ---- Ulating Road Pr^ellr,71'na ry Sketch MORGAN'S RIDGE AC1NITY MAP 004 rrdQva.dwg COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/678-0682 MEMORANDUM To: Planning Commission Members From: Christopher M. MohnAanner II Subject: Discussion: Proposed Amendment to Permit Advertising Specialties - Wholesale Uses in the B2 Zoning District Date: March 23, 2000 A request has been submitted by Mr. Ralph Beeman of Greenway Engineering, on behalf of TJC Enterprises (Signet Screen Services and Embroidery) to amend the Zoning Ordinance to permit Advertising Specialties - Wholesale (SIC #5199) uses in the B2 (Business General) Zoning District. This request was considered by the Development Review and Regulations Subcommittee (DRRS) at their February 23, 2000, meeting. Following discussion, the DRRS recommended that Section 165-82.B.(1), B2 (Business General District) Allowed Uses, of the Frederick County Zoning Ordinance be amended to include Advertising Specialties - Wholesale (SIC #5199) as a permitted use. The committee further recommended that performance standards be adopted to ensure that the scale and operation of such uses would remain consistent with the intent of the B2 District. Summary• The proposed amendment would permit the establishment of Advertising Specialties - Wholesale uses in the B2 District. Establishments that would be classified as Advertising Specialties - Wholesale may involve an array of advertisirig-related activities to include custom embroidery, custom textile printing, and the coordination of orders for advertising specialties for local clients through outside suppliers. As endorsed by the DRRS, such uses would be subject to the following performance standards: 1) Establishments engaged in such businesses shall not exceed 10,000 square feet of total floor area. 2) Only 25% of the total floor area of a shopping center shall contain such businesses. 3) Such businesses shall not have outdoor storage. These standards were deemed necessary to ensure that the scale of such businesses would remain consistent with the character of the B2 District. In essence, only Advertising Specialties - Wholesale 107 North Kent Street - Winchester, Virginia 22601-5000 Proposed Amendment to B2 Page 2 March 23, 2000 uses of limited intensity would be permitted in the B2 District, while larger wholesale operations would be allowed only in the B3 (Industrial Transition), M1 (Light Industrial), and M2 (Industrial General) Zoning Districts. Limited in scale by the recommended performance standards, it is unlikely that the establishment of such uses in the B2 District would increase heavy truck traffic in commercial areas traveled primarily by passenger vehicles and pedestrians. The amendment proposed by the DRRS has been attached for your reference. Staff would appreciate input from the Planning Commission regarding the appropriateness ofpermitting Advertising Specialties - Wholesale uses within the B2 District. Furthermore, feedback regarding the performance standards proposed by the DRRS would be beneficial. CMM/ch Attachment U.' IChrislcommonWmendmentslPC MemosWdvertising Specialties -Wholesale Use in B2.wpd Proposed Amendment to Permit Advertising Specialties - Wholesale (SIC #5199) in the B2 (Business General) Zoning District Editorial Key: Text presently in the Zoning Ordinance Proposed Text Additions Article IV Supplementary Use Regulations § 165-48.9. Advertising Specialties - Wholesale. Advertising Specialties - Wholesale businesses located in the B2 Business General Zoning District shall be subject to the following requirements: A. Establishments primarily engaged in such businesses shall not exceed 10, 000 square feet of total floor area. B. Only 25% of the total floor area within a shopping center shall contain such businesses. C. Such businesses shall not have outdoor storage. Article X Business and Industrial Uses § 165-82 District use regulations. B. B2 Business General District (1) Allowed uses shall be as follows: Allowed Uses Standard Industrial Classification (SIC) Advertising Specialties -Wholesale 5199 U:\Chris\common\Amendments\Language\Advertising Specialties - Wholesale in B2.wpd COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/678-0682 MEMORANDUM TO: Planning Commission Members y FROM: Kris C. Tierney, Planning Director RE: Discussion of Proposed Revisions to Wheatlands Master Development Plan DATE: March 21, 2000 Dogwood Development Group of Reston, Virginia has requested time on the Planning Commission's agenda to present a concept for the redesign of the Wheatlands property in southeastern Frederick County. For those of you less familiar with the Wheatlands project, the County approved a Master Development Plan (MDP) for Wheatlands in July of 1991. The approved plan calls for 1,288 single-family dwellings and 175 townhouse units on 926 acres surrounding Lake Frederick. The property has frontage on both Routes 277 and 522. At the time that the application was being considered, there was a great deal of public discussion regarding the impacts of the proposed development on traffic, schools, and the lake itself. The Virginia Department of Game and Inland Fisheries was included as a review agency and was very much apart of the review process. Following numerous public meetings, the development proposal was finally approved with a number of conditions. Aspects of the plan worth noting are: The approved MDP includes the construction of a wastewater treatment facility by the applicant which would ultimately be turned over to the Frederick County Sanitation Authority. Residential construction was to be phased such that no more than 15% of the total number of units would be permitted per year following approval. This number was to be cumulative, provided that in no case would more than 30% of the units be built in a single year. Land for a fire and rescue station and a school were to be dedicated to the County. 107 North Rent Street • Winchester, Virginia 22601-5000 WHEATLANDS DISCUSSION Page 2 March 21, 2000 • All roads within the development would be built to state standards and would be turned over to the VDOT. • The development included recreational facilities, a trail system and street lights. • Areas within the 926 acres were designated for future commercial or industrial use, subject to rezoning approval. • A 50' buffer beyond the limits of the state-owned property was to be reserved. The concept to be presented by the Dogwood Development Group is for an "active adult and primary home community," tentatively to be known as "Shenandoah." Preliminary discussions with representatives of Dogwood Development indicate that they will be seeking a number of amendments to the County's R-5 (Residential Recreational Community) zoning, as well as the Subdivision Ordinance. Among other aspects of the proposal, Dogwood desires to have private roads within a portion of their development, and desires amendments to certain setback, buffering, and height regulations. The purpose of this initial discussion with the Planning Commission is not to get into a detailed discussion of possible amendments, but rather to give the potential applicants an opportunity to fill the Commission in on the nature and scope of their concept for the property. KCT/ch U A" s\2000\memoslwhtlaods.wpd