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PC 12-06-00 Meeting AgendaAGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia DECEMBER 6, 2000 7:00 P.M. CALL TO ORDER TAB 1) October 18, 2000 and November 1, 2000 Minutes ............................ (A) 2) Committee Reports ................................................. (no tab) 3) Citizen Comments ................................................. (no tab) PUBLIC HEARING 4) Proposed Amendments to the Frederick County Code, Chapter 165, Zoning, Amending Article X, Business and Industrial Zoning Districts, Section 165-82.B(1) and 165-82.C, Allowed Uses. The proposed amendments would permit Animal Speciality Services, Except Veterinary (SIC # 0752) in the B2 and B3 Zoning Districts. (Ms.Lohr)...........................................................(B) 5) Proposed Amendment to the Frederick County Code, Chapter 165, Zoning, Amending Article X, Business and Industrial Zoning Districts, Section 165-82.A, 131 (Neighborhood Business) District, Allowed Uses. The proposed amendment would permit Tobacco Stores and Stands (SIC #5993) in the B 1 Zoning District. (Ms.Lohr)...........................................................(C) 6) Proposed Amendment to the Frederick County Code, Chapter 165, Zoning, Amending Article X, Business and Industrial Zoning Districts, Section 165-82.A, B1 (Neighborhood Business) District, Allowed Uses. The proposed amendment would permit Accounting, Auditing, and Bookkeeping Services (SIC # 872) in the B 1 Zoning District. (Ms.Lohr)...........................................................(D) 7) Other MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on October 18, 2000. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; Greg L. Unger, Back Creek District; John H. Light, Stonewall District; Richard C. Ours, Opequon District; George J. Kriz, Gainesboro District; W. Wayne Miller, Gainesboro District; Robert A. Morris, Shawnee District; Roger L. Thomas, Opequon District; Sidney A. Reyes, Board Liaison; and Jay Cook, Legal Counsel. ABSENT: John R. Marker, Vice -Chairman, Back Creek District; S. Blaine Wilson, Shawnee District; and Gene E. Fisher, Citizen at Large STAFF PRESENT: Kris C. Tierney, Planning Director; Amy M. Lohr, Planner II; Howard R. Long, III, Planner I; and Renee' S. Arlotta, Clerk. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. COMMITTEE REPORTS Economic Development Commission (EDC) - 10/06/00 Mtg. Mr. Roger Thomas, liaison to the EDC, reported that the EDC is interested in how the Planning Commission is looking at the preservation of agricultural industries and the agricultural/industrial base in Frederick County. He added that the EDC is also seeking information on the concept of development rights. Sanitation Authority (SA) - 10/17/00 Mtg. Mr. W. Wayne Miller, liaison to the SA, reported the following information: the SA endorsed an agreement with the Town of Stephens City for additional water from the quarries; a resolution for an 8.2 Frederick County Planning Commission Minutes of October 18, 2000 Page 564 -2 - million dollar bond was approved which will be used for increasing the capacity of the Diehl Water Treatment Plant; construction is continuing at the new plant at Clearbrook; and a study of the quarries has been completed and has determined that the quarries are capable of outputting 4.9 million gallons per day without interfering with the aquifer. Winchester City Planning Commission (WPC) -10/17/00 Mtg. Mr. Vincent DiBenedetto, liaison from the Winchester Planning Commission, reported that WPC is working on a text amendment to allow bed and breakfasts in several zoning areas throughout the City. DISCUSSION ITEM STAR FORT MANAGEMENT AND INTERPRETATION PLAN Action - Recommended Approval Ms. Amy M. Lohr, Planner H, stated that in 1999, the National Park Service, through a program known as the American Battlefield Protection Program, granted the Department of Planning and Development $25,000.00 to develop a management and 'interpretation plan for Star Fort, a civil war battlefield site located just outside ofthe City of Winchester. She said that Oculus, a historic preservation consulting firm based in Charlottesville, Virginia, produced the plan in coordination with members of the County staff and Robert Rhodes, Chairman of Fleet's Virginia Battery, Middlesex Artillery, the current owner of the property. She explained that the goal of the plan is to provide guidelines for the immediate and long-term management preservation and interpretation of the site. Members of the Commission asked how the County would utilize this plan. Ms. Lohr explained that the plan would be used as a professional tool by some future management entity that would be selected to be responsible for the restoration and stabilization of the fort. Members of the Commission also inquired about funding for the project. Staff replied that funding continues to be one of the difficulties encountered with this project; however, if funds do become available, there is now a professional document available to guide the management of the site. A member ofthe Commission recalled a possible commitment by the developer ofthe Star Fort Subdivision to put funding into the fort project. Mr. Tierney said that as part of the agreement for approval of development f, -r that subdivision, there was supposed to be a dedication of "X" amount of dollars donated per house on an annual basis. He said that the money was to be escrowed towards the restoration and management of the site. Chairman DeHaven called for public comment, however, no one came forward to speak. Frederick County Planning Commission Minutes of October 18, 2000 Page 565 INE Upon motion made by Mr. Light and seconded by Mr. Kriz, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously endorse the Star Fort Management and Interpretation Plan and does hereby recommend approval to the Board of Supervisors for adoption of the plan. PUBLIC MEETING Master Development Plan #06-00 of Shenandoah (a major revision to the previously -approved Wheatlands MDP) submitted by G. W. Clifford & Associates, Inc. for the development of a 926 -acre site for an Age -Restricted Residential Community. This property is located on the south side of Route 277, approximately 3.5 miles east of Stephens City, and approximately one mile south of the intersection of Routes 277, 340, and 522, and is identified with P.I.N. 87-A-102 and 87-A-103 in the Opequon Magisterial District. Action - Recommended Approval Mr. Kris C. Tierney, Planning Director, presented two letters from adjoining property owners, one from Ms. Loretta D. Bailey, and the second from Mr. Michael A. Bowers, Director and Professor at Blandy Experimental Farm, the State Arboretum of Virginia. Mr. Tierney proceeded to read the background information and reviewing agencies' comments for this application. He pointed out that VDOT has raised a number of issues dealing with signalization at major intersections on both the project and off-site, the need for turn lanes, and VDOT has also raised questions and concerns about the cross-over locations and entrances. He reported that the fire marshal has questioned the proposed location for a future fire and rescue facility, and preferred the facility to be located on the Route 277 corridor, in order to access not only this site, but other parts of the County as well. Mr. Tierney said that the Virginia Department of Game and Inland Fisheries (VDGIF) points out that they are working on a "memorandum of understanding" with the applicant concerning the management of the lake and surrounding properties which they own. He added that Clarke County has commented that mutual aid agreements for emergency services will need to be modified as a result of this project. Mr. Tierney continued, stating that planned entrances at Route 277, Route 522 and 340, and Route 636 are scheduled to be put in place as phasing of the project builds out. He noted that the main entrance would be the existing VDGIF entrance to the fishing facility and would be constructed as part of Phase I. Mr. Tierney said that the applicant has stated that before the 750`s building permit is issued, Route 636 will be resurfaced. Mr. Tierney added that the applicant has offered up to one acre of property for a future library site, although the library's director has stated that the likelihood of the library board being ready within a five- year period to build at this location is slim. Mr. Tierney said that both the timing and the details concerning this offer, in addition to the fire & rescue facility site, are vague and would be difficult to enforce. In conclusion, Mr. Tierney said that the applicant has requested a number of waivers which Frederick County Planning Commission Minutes of October 18, 2000 Page 566 -4 - are provided for in the R5 Zone; in particular, those requests are: a request to disturb 3/10 acre of the existing 5'/z acres of wetlands, a request to disturb roughly 1 %s acres of the 23 acres of existing flood plain, a request to disturb 60% of woodlands as opposed to the customary 25 % limit, a request to waiver the internal residential separation buffers, and a request to waive the road efficiency buffer. Mr. T homas asked for interpretation of VDOT's concern over the commercial entrance being located at the entrance off Route 340. Mr. Tierney explained that VDOT has expressed a preference that the commercial area be accessed through the main entrance, rather than a separate entrance further to the south. He said VDOT's concern is probably for the number of entrances and their proximity to each other. Mr. Thomas also inquired about what point in development the disturbance of wetlands would be addressed. He said that new regulations allow for "zero disturbance" of wetlands and if requirements were not met, the County could be liable. Mr. Thomas believed the developer should be responsible for acquiring all the necessary permits to meet the Clean Water Act requirements for the disturbance of wetlands. Mr. Charles W. Maddox, Jr. with G. W. Clifford & Associates, Inc., the design and engineering firm for the project, was present along with Mr. John Callow, project transportation engineer, and representatives for Dogwood Development, Mr. Mark Helmer and Mr. Ray Smith. Mr. Maddox proceeded to give an overview of the Shenandoah Master Development Plan to the Commission. He pointed out the various phases of development and noted that when they access Route 636, most likely in conjunction with Phase U, they will pave the road. He anticipated this to occur well before the 750`s building permit is issued. Responding to Commissioners' concerns regarding the wetlands disturbance, Mr. Maddox produced a Wetlands Study, dated October 12, 2000, that was completed for the site and contained detailed identification and location of the various wetlands areas, among other information. Mr. Maddox said that a wetlands disturbance permit will need to be applied for immediately following master plan approval. He added that Shenandoah is an environmental project and they are working towards becoming certified by the National Wildlife Society and the Audubon Society. A member of the Commission asked if the proposed water tank would be large enough to aid with water pressure in the Route 522/Route 277 corridor. Mr. Maddox replied that the tank would be large enough to handle the entire corridor. He said that along with the water tank, a 12 -inch water main and a wastewater treatment plant will be installed on the site. Mr. Maddox informed the Commission that the developer is very interested in having a fire and rescue facility, a library, and a post office at the village center because it would complete the neighborhood aspect of the development. He said that the developer is also interested in working with the Parks and Recreation Department on a trail system that would lead off-site, perhaps into the Sherando Park and points west. Cnainnan DeHaven next called for public comments and the following persons came forward to speak: Mr. David E. Dovell, property owner on Hudson Hollow Road (Rt. 636), said that his primary concern is the traffic impacts on Route 636. He said there are six 90 -degree bends in this road and he was very concerned about safety. Mr. Dovell was also concerned about the number of parking spaces allotted per unit. Frederick County Planning Commission 567 Minutes of October 18, 2000 -5 - Ms. Mary Lou Koons, from the Gainesboro District, spoke in favor of the Shenandoah plan and believed it could benefit senior citizens, as well as Frederick County. She said that Frederick County does not have a gated retirement community with amenities to offer its senior citizens and she believed it was needed. She pointed out that schools will not have to be built for this type of development and, therefore, the cost of services to Frederick County would not be as great as a typical development. Mr. Donnie Gladden, resident on Hudson Hollow Road, was concerned about the possible traffic impacts and safety, he was concerned about who would pay for the construction of roads, traffic lights, and cross -overs. He asked what guarantees were in place to insure this development would remain a retirement community into the future as promised. Mr. Gladden believed the wetlands issues should be completely resolved beforc development proceeds. Mr. John Campbell, resident on Hudson Hollow Road, was concerned about the density of development, the traffic impact to Route 636, and the environmental impacts. Mr. Campbell said that Route 636 was dangerous because of its narrowness and numerous sharp bends. Mr. Bob Pownall, Board member ofthe Northern Shenandoah Valley Audubon Society, spoke in favor of the developer's desire to involve the Audubon Society and the National Wildlife Federation in the proposed development. Mr. Pownall said that the developer has been working with the Audubon Society and, in July, a bird count was conducted and over 100 species of birds were identified in this area. Mr. Pownall expressed concern, however, that with each meeting he attends, another waiver is requested or another issue arises. He was concerned about the percentage of tree removal requested, the density of development, and the utilization of sewage pumps. Mr. Pownall suggested that future property owners be alerted to the fact that working farms are located nearby. Ms. Carolyn Chanel, representing her parents, Mr. and Mrs. Bobby W. Gibson, residents on Route 636, said that her parents were in favor of residential development, however, they were concerned about access to Route 636. Ms. Chanel said that her parents were concerned about the poor condition of the road and safety. Mr. Maddox returned to the podium to address some of the concerns raised by the citizens who spoke. In particular, Mr. Maddox addressed the concerns about Route 636 and a commitment to stipulate that Route 636 will have a bituminous concrete surface in lieu of the prime and double seal. He also agreed that an alternate access for emergency vehicles was needed and he would do everything possible to aid in that situation. Members of the Planning Commission discussed the offer of sites for a fire and rescue facility and library. They agreed that the fire and rescue facility location would need to involve not only Frederick County, but Clarke and Warren Counties as well and would possibly involve a mutual aid agreement. They believed that these issues and the review agency comments could be worked out and, overall, the proposed master development met all the requirements of the ordinance. Upon motion made by Mr. Miller and seconded by Mr. Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Master Development Plan #06-00 of Shenandoah for the development of a 926 -acre site for an Frederick County Planning Commission 568 Minutes of October 18, 2000 IIUIII Age -Restricted Residential Community with the approval of the three requested waivers, the environmental features waiver, the waiver of internal residential separation buffers, and a waiver of the road efficiency buffer requirement, and with the stipulation that all review agency comments are satisfactorily addressed. Upon motion made by Mr. Thomas and seconded by Mr. Light, the Planning Commission unanimously accepted the two letters submitted regarding the Shenandoah plan, one from Michael A. Bowers, Director and Professor at Blandy Experimental Farm, and one from Ms. Loretta D. Bailey, an adjoining property owner, as a part of the offcial record. 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, Planning Director Charles S. DeHaven, Jr., Chairman Frederick County Planning Commission 569 Minutes of October 18, 2000 MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on November 1, 2000. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; John R Marker, Vice -Chairman, Back Creek District; Greg L. Unger, Back Creek District; John H. Light, Stonewall District; Richard C. Ours, Opequon District; George J. Kriz, Gainesboro District; W. Wayne Miller, Gainesboro District; Robert A. Morris, Shawnee District; Roger L. Thomas, Opequon District; Gene E. Fisher, Citizen at Large; Sidney A. Reyes, Board Liaison; and Jay Cook, Legal Counsel. ABSENT: S. Blaine Wilson, Shawnee District STAFF PRESENT: Kris C. Tierney, Planning Director; Evan A. Wyatt, Deputy Planning Director; Amy M. Lohr, Planner H; Howard R. Long, III, Planner I; Jeremy F. Camp, Planner I; and Renee' S. Arlotta, Clerk. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MEETING MINUTES - October 4, 2000 T- . -,on motion made by Mr. Marker and seconded by Mr. Thomas, the minutes of October 4, 2000 were unanimously approved as presented. COMMITTEE REPORTS Development Review & Regulations Subcommittee (DRRS) -10/30/00 Mtg. Mr. Roger Thomas reported that the DRRS discussed expanding some allowable uses in the B 1 areas. There was also discussion on whether or not parking areas should be paved in the industrial areas. Frederick County Planning Commission Minutes of November 1, 2000 Page 570 -2 - PUBLIC HEARINGS Request to expand the Server and Water Service Area (SWSA) to incorporate eight acres of Parcel 86-A- 156, owned by Investment Land Trust (Thomas J. Chasler Trustee), zoned RA, Rural Areas District, located in the northeast quadrant of the intersection at Fairfax Pike (Rt. 277) and White Oak Road (Rt. 636) and identified with P.I.N. 86-A-156. (This item was tabled at the October 4, 2000 meeting.) Action - Recommended Denial Mr. Evan A. Wyatt, Deputy Planning Director, stated that Investment Land Trust has made a request to expand the County's Sewer and Water Service Area (SWSA) by incorporating approximately eight acres of a 50.786 -acre parcel, located in the northeast quadrant of the intersection of Fairfax Pike (Rt. 277) and White Oak Road (Rt. 636). Mr. Wyatt reported that the Comprehensive Plans and Programs Subcommittee (CPPS) considered this request during their September 11, 2000 meeting and believed it was inappropriate to incorporate the eight -acre portion of the 50.786 -acre parcel at this time. He said that the CPPS believed it would be prudent to consider this area comprehensively and not with piecemeal requests. Mr. Wyatt said that the CPPS recommended denial of this request and recommended that the Board of Supervisors consider the development of a land use plan for the Fairfax Pike area as a high priority. Mr. Stephen M. Gyurisin with Triad Engineering was present to represent the applicant and answer questions from the Commission. Chairman DeHaven called for public comments, but no one came forward to speak. Mr. Ours made a motion to approve the request to expand the SWSA to incorporate this eight - acre portion of land, however, this motion died due to the lack of a second to the motion. Mr. Morris believed a comprehensive study was needed before the County extends sewer and water further for additional uses. He did not believe it was appropriate to treat one request favorably and another not so favorably. Mr. Morris said that the County should accommodate all -comers or wait for the completion of a comprehensive study so that decisions can be made in an equitable way. He said that for this reason, until there is a better understanding of what should and should not be done along this corridor and with the Ritter property, he did not believe he could support the request. Mr. Thomas agreed that a plan for the area was desperately needed. Mr. Thomas believed that because this was a commercial entity, not residential, and was not a situation where there is a health concern, and because the development has not yet occurred, he believed it was premature to extend the water and sewer area for this single use. Morris. Other members of the Commission agreed with the statements made by Mr. Thomas and Mr. Upon motion made by Mr. Thomas and seconded by Mr. Miller, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend denial ofthe request to expand the Sewer and Water Service Area (SWSA) to incorporate eight acres of Parcel Frederick County Planning Commission Minutes of November 1, 2000 Page 571 -3- 86-A-156, owned by Investment Land Trust (Thomas J. Chasler Trustee). Conditional Use Permit #17-00 of Rhoda W. Kriz for an expansion to Conditional Use Permit #24-99 which permits a Cottage Occupation for a Bed and Breakfast. The proposed expansion is to provide for receptions and other gatherings such as seminars, etc. This property is located at 547 Apple Pie Ridge Road and is identified with Property Identification Number 42-A-206 in the Gainesboro Magisterial District. Action - Tabled for 60 Days Mr. George J. Kriz, Mr. Robert M. Morris, and Mr. Sidney A. Reyes all stated that they would abstain from participating in the discussion or voting of this conditional use permit (CUP) request. Mr. Jeremy F. Camp, Planner I, read the background information and review agency comments. Mr. Camp said that the property is now being used as a bed and breakfast; if the CUP is approved as requested, the property will also be used for weddings, wedding receptions, and other gatherings. He said that the proposed use meets the conditions of a cottage occupation. Mr. Camp said that no negative comments have been received from the reviewing agencies, however, the Health Department and the Fire Marshal have put forth restrictions on approval. He said that the Health Department has placed a limit of no more than 60 persons at one time for receptions and seminars; the Fire Marshal's concerns have been addressed in the conditions of approval of the CUP. �:.. Camp said that two letters were submitted in opposition to the proposed CUP, one from Mr. and Mrs. David Newlin and one from Mr. Phil Farley, and a petition of opposition was submitted by Mr. and Mrs. Robert Fetter, Mr. and Mrs. Paul Hillyard, and Ms. Dottie Farley. Mr. Thomas asked for an explanation for the 14 -foot -high clearance required by the fire department and another commissioner commented that 14 feet was standard in order to get ladder trucks through the property. Chairman DeHaven called for public comments and the following persons came forward to speak: Mr. Paul Hillyard, adjoining property owner at 192 Woodcrest Drive, stated that he was opposed to the operation of a commercial business in his residential neighborhood and he was also concerned about expansion of the business in the future. Referring to the letters and petition submitted, he said that his neighbors were also in opposition to the proposed expansion. In response to inquiries from the Commission, Mr. Hillyard said that his home was less than 100 yards from the Kriz's with a wooded area in between. When asked if he would like to see a cut-off time for activities in order to control noise or a cut-off on the numbers of people allowed, Mr. Hillyard said that he was not in favor of the operation under any conditions. He said that this is a residential area, not a commercial area and he and 1,,. Farleys, the Hillyards, and the Fetters are opposed to the CUP. Frederick County Planning Commission Minutes of November 1, 2000 Page 572 -4 - Mrs. Rhoda W. Kriz, the applicant, said that some interest has been expressed, particularly from companies, to bring out some of their employees for day -long retreats or seminars. She said that her recreation room, which is 32'X 50', lends itself quite well for that purpose. Mrs. Kriz said that she did not ask for receptions and seminars when first applying for the bed and breakfast because they would not be advertising those together; they would not be able to house the number of people that would come for a seminar. She said that through the years, they have had a lot more than 60 people at their house at any one time and she explained what those occasions were about to the Commission. She said that she received no complaints from the neighbors regarding noise or traffic during these occasions. Mrs. Kriz said that 90-95% ofthe entertaining they have done at her house has been indoors. Mrs. Kriz commented that the James Wood High School's band can be heard very well at her house and on Friday nights, they hear all the plays called during football games. She said that she has worried about whether her guests would object to all the sound coming from James Wood on Friday evenings. Slie said the sound from James Wood goes on much longer into the evenings than any of her receptions. Mrs. Kriz said that they have replaced their old driveway with a circular driveway that will eliminate all the backing up and turning; they have also cut all the overhanging tree limbs to meet the 14' clearance requirement from the Fire Marshal. Mrs. Kriz said that she would not have bands or diskjockeys outside during receptions. Members of the Commission inquired if activities for wedding receptions would be out on the lawn and Ms. Kriz replied that it would probably be a combination of both inside and outside. Commission members asked Mrs. Kriz if she planned to construct a gazebo or other structure to use in conjunction with the reception activities. Mrs. Kriz said they intend to construct a percula, which is smaller than a gazebo, but larger than an archway. She said that it will be placed at the east side of their front yard, which is farthest away from the neighbors. Mr. Light said that he would be interested in reviewing the owner's set of rules for the receptions and seminars. Mr. Ours asked Mr. Hillyard if he has had a problem in the past with noise or numbers of people at Mrs. Kriz's home with other gatherings she has had. Mr. Hillyard said that he has heard bands and noise, but did not want to cause any problems. Mr. Hillyard was concerned the business would increase in nature in the fi.ihire. Some members ofthe Commission said that because ofthe topography, they could not foresee the Kriz's proposed activities causing problems for the neighbors; however, other members ofthe Commission were concerned that the proposed use was too commercial in nature for this residential area. A motion was made by Mr. Miller and seconded by Mr. Light to deny the CUP. However, this motion failed by the following vote: YES (TO DENY): Light, Miller, Fisher NO: Unger, Marker, DeHaven, Thomas, Ours ABSTAIN: Morris, Kriz, Reyes Frederick County Planning Commission Minutes of November 1, 2000 Page 573 -5 - Some members of the Commission hoped that a compromise could be reached between the neighbors and the applicant, if the Kriz's established a set of rules and regulations acceptable to all concerned parties. In order to pursue this avenue, they believed the application should be tabled for 60 days. Upon motion made by Mr. Ours and seconded by Mr. Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously table Conditional Use Permit # 17-00 of Rhoda W. Kriz for an expansion to Conditional Use Permit #24-99 to provide for receptions and other gatherings, such as seminars, etc., for period of 60 days to allow for the petitioners to come back with a list of rules and regulations that would assist in making the proposed activities acceptable to the neighbors. ABSTAIN: Morris, Kriz Upon motion made by Mr. Marker and seconded by Mr. Thomas, the Commission voted unanimously to make the two letters submitted in opposition to the proposed CUP, one from Mr. and Mrs. David Newlin and one from Mr. Phil Farley, and a petition of opposition by Mr. and Mrs. Robert Fetter, Mr. and Mrs. Paul Hillyard, and Ms. Dottie Farley a part of the official record. Consideration of a request by the Virginia Department of Conservation and Recreation to include Route 600, from Route 55 to the Shenandoah County Line, as a Virginia Byway in coordination with the designation of roads in Shenandoah County. Action - Recommend Approval Ms. Amy M. Lohr, Planner H, stated that the purpose of this public hearing is to consider a request from the Virginia. Department of Conservation and Recreation (VDCR) to endorse portions of Route 600, from Wardensville Pike (Rt. 55) to the Shenandoah County line, for inclusion in the Virginia Byways Program. Ms. Lohr said that designation is an act of recognition, and acceptance into the program does not preclude a property owner's right to utilize their property in accordance with local land use provisions. In addition, Ms. Lohr stated that recognition as a Virginia Byway does not infringe upon VDOT's ability to maintain, construct, improve, and locate roads. Ms. Lohr said that at the Transportation Committee's meeting of Octob:.r 3, 2000, members unanimously recommended approval of VDCR's request. Chairman DeHaven called for public comments, however, no one came forward to speak. Mr. Kriz, member of the Transportation Committee, stated that the committee had discussed this subject thoroughly and was in favor of the request. Upon motion made by Mr. Miller and seconded by Mr. Kriz, Frederick County Planning Commission Minutes of November 1, 2000 Page 574 -6 - BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval to the Board of Supervisors of the request by the Virginia Department of Conservation and Recreation to include Route 600, from Route 55 to the Shenandoah County line, as a Virginia Byway in coordination with the desigiiation of roads in Shenandoah County. Master Development Plan #07-00 of Copperfield, submitted by G. W. Clifford & Associates, Inc. for the development of 57 townhouse lots. This property is located on the east side of Brookland Lane (Rt. 658), approximately 600 feet south of the intersection of Brookland Lane and Valley Mill Road (Rt. 659) and is identified with P.I.N. 54-2-3 and 54-2-4 in the Shawnee Magisterial District. Action - Recommended Approval Ms. Amy Lohr, Planner H, read the background information and review agency comments. Ms. Lohr said that the following five issues have been raised by the staff: 1) a 30' right-of-way should be dedicated for the extension of Route 1261 (Little River Drive); the dedication would provide a future link between several townhouse developments, alleviating the need to utilize Valley Mill Road (Rt. 659) as the sole means of east -to -west access in this area; 2) Brookland Lane (Rt. 658), which currently serves Parkview Apartments, must be constructed to the limits of the Copperfield development; 3) There is a 10' section of proposed Copperfield Lane which is in excess of 500 feet from Brookland Lane. In cases where enhanced circulation is provided with a driveway loop, the Planning Commission has the authority to allow lots to be located as much as 800 feet from a state -maintained road; staff believed the applicant's requested waiver to allow the 800 f: was appropriate, given the dual points of access on proposed Copperfield Lane; 4) a narrative should be incorporated on the final master development plan (MDP) describing appropriate access easements for the parking areas, and 5) the types of recreational facilities planned need to be specified on the plan. Mr. Charles W. Maddox, Jr. with G. W. Clifford & Associates, Inc., the design engineers for this project, was present to represent the applicant, Oak Crest Development. In regard to the County Engineer's comments pertaining to the stormwater management pond in the southeast corner as being unworkable because it was on a topographic high, Mr. Maddox stated that they will be altering the contours of the site so that it does function properly. He said that in order to provide direct access to the townhouse units, they need to have frontage on the parking lot. Mr. Maddox believed that he would be able to submit a stormwater management plan that will meet all the requirements of state and local regulations. Chairman DeHaven asked Mr. Maddox how much of a setback variance over the required 5 00 feet he thought was needed along Copperfield Lane. Mr. Maddox believed the lots were within 25 feet of the 500 foot requirement. Chairman DeHaven called for public comment, but no one came forward to speak. The Planning Commission believed that the proposed MDP was consistent with the policies for suburban residential development as specified in the Land Use Chapter of the Comprehensive Policy Plan, and that the overall gross density and general site layout were consistent with the requirements of the Zoning Frederick County Planning Commission Minutes of November 1, 2000 Page 575 WE and Subdivision Ordinances. They believed the waiver request was appropriate. They stipulated that the applicant needed to address all of the issues raised by the staff, the Planning Commission, and the Board of Supervisors prior to final administrative approval of the MDP. Upon motion made by Mr. Morris and seconded by Mr. Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Master Development Plan #07-00 of Copperfield for the development of 57 townhouse lots with a variance on the 500 -foot distance from the State roadway, contingent on all review agency comments being met, as well as those of the Planning Commission and Board of Supervisors. The vote on this master plan was: YES: Morris, Light, Marker, Thomas, Ours, Miller, Kriz, Fisher, DeHaven ABSTAIN: Unger DISCUSSION ITEM: Discussion of Proposed Amendments to the Permitted Use Lists of the B2 and B3 Zoning Districts to Allow for Animal Services, Except Veterinary. Ms. Amy M. Lohr, Planner H, reported that a request had been received from Triad Engineering to consider an amendment to the permitted use lists for B2 (Business General), B3 (Industrial Transition), and M1 (Light Industrial) Zoning Districts, to include all uses in Industry Group Number 075 - Animal Services, Except Veterinary. Ms. Lohr said that Use Category 075 encompasses two industry numbers, 0751, which includes performing services, except veterinary, for livestock, and 0752, which includes performing services to pets, equine, and other non -livestock animals. Ms. Lohr said that the Development Review and Regulations Subcommittee (DRRS) considered the proposed amendments at their July 27, 2000 meeting. The committee reached a general consensus that services for pets, equines, and other animal specialties (Group 0752) are highly appropriate for the B2 and B3 Districts. The DRRS believed that livestock services, on the other hand, are not consistent with the intent of our commercial and industrial districts and should not be permitted in the B2 and B3 Districts. Ms. Lohr continued, stating that the DRRS believed that the Industrial Parks Association (IPA) should be involved in a discussion of the allowance of animal services in the M1 District. At their meeting of October 17, 2000, the IPA recommended that animal services not be included in the M1 District. Subsequently, the request for animal services to be permitted in the M1 District was withdrawn. Mr. Morris commented that the proposed amendment states that the use will occur within fully enclosed structures and he inquired if outdoor herding or gathering would still be permitted. Ms. Lohr replied that herding has been eliminated altogether. Frederick County Planning Commission Minutes of Novo.::' 1, 2000 Page 576 -8 - There were no public comments. Mr. Stephen M. Gyurisin, representing Triad Engineering, Inc., was available to answer questions from the Commission. Mr. Gyurisin said that a new business, a pet daycare facility, is interested in establishing a use in the B2 and B3 Districts. The Planning Commission instructed the staff to proceed with scheduling a public hearing for this item at the next available meeting. ADJOURNMENT unanimous vote. No further business remained to be discussed and the meeting adjourned at 8:25 p.m. by Respectfully submitted, Kris C. Tierney, Planning Director Charles S. DeHaven, Jr., Chairman Frederick County Planning Commission Minutes of November 1, 2000 Page 577 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 ME' M01"ND UAl FAX: 540/678-0682 To: Frederick County Planning Commission From: Amy M. Lohr, Planner IZ. � Subject: Public Hearing - Amendments to the Permitted Use Lists of the B2 and B3 Zoning Districts Date: November 22, 2000 This amendment is to allow for Animal Speciality Services, Except Veterinary (SIC # 0752) in the B2 (Business General) and B3 (Industrial Transition) Zoning Districts. The Development Review and Regulations Subcommittee (DRRS) and Planning Commission have held discussions regarding this amendment and are comfortable with the proposed language associated with this amendment. The proposed text amendment, attached with this memorandum, is a result of a request received by our department to permit Animal Services, Except Veterinary (SIC Industry Group Number 075) in the B2, 133, and M 1 (Light Industrial) Zoning Districts. This group includes livestock services (SIC # 0751), as well as animal speciality services (SIC # 0752), but does not include veterinary services which are classified in Group 074. The DRRS felt that animal speciality services were appropriate for the B2 and B3, however, livestock services were not. Due to further input from the Industrial Parks Association, the M1 portion of the request was removed. Therefore, the proposed text amendment includes only Group 0752. Permitted uses would include performing services, except veterinary, to pets, equine, and other non -livestock animals. Services such as animal shelters, boarding kennels, grooming, training, and vaccinations are permitted uses under this category. Copies of Industry No. 074 - Veterinary Services and No. 075 - Animal Services, Except Veterinary, have been attached for further reference. Staff would request that the Planning Commission forward a recommendation to the Board of Supervisors. 107 North Dent Street • Winchester, Virginia 22601-5000 Animal Speciality Services, Except Veterinary (SIC # 0752) B2 (Business General) Zoning District B3 (Industrial Transition) Zoning District 165-82.B. B2 Business General District (1) Allowed uses shall be as follows: SIC - 074 Veterinary Services with all activities and animals kept within the fully enclosed primary structure. SIC - 0752 Animal Speciality Services, Except Veterinary, with all activities and animals kept within the fully enclosed primary structure. 165-82.C. B3 Industrial Transition District Allowed Uses SIC - 074 Veterinary Services with all activities and animals kept within the fully enclosed primary structure. SIC - 0752 Animal Speciality Services, Except Veterinary, with all activities and animals kept within the fully enclosed primary structure_ AML/ Attachment U. W my1CommotjWC MemosU4nimal Services in R2 B3 Ml. wpd 32 STANDARD INDUSTRIAL CLASSIFICATION Industry Group Industry No. No. 072 CROP SERVICES—Con. 0722 Crop Harvesting, Primarily by Machine—Con. Berries, machine harvesting of Nuts, machine harvesting of Chopping and silo filling Peanuts, machine harvesting of Combining, agricultural Sugar beets, machine harvesting of Cotton, machine harvesting of Sugarcane, machine harvesting of Fruits, machine harvesting of Threshing service Grain, machine harvesting of Vegetables, machine harvesting of Hay mowing, raking, baling, and chop- ping 0723 Crop Preparation Services for Market, Except Cotton Ginning Establishments primarily engaged in performing services on crops, subse- quent to their harvest, with the intent of preparing them for market or fur- ther processing. Establishments primarily engaged in buying farm products for resale to other than the general public for household consumption and which also prepare them for market or further processing are classified in Wholesale Trade. Establishments primarily engaged in stemming and redry- ing tobacco are classified in Manufacturing, Industry .2141. Bean cleaning Nut hulling and shelling Com shelling Packaging fresh or farm -dried fruits Cotton seed delinting and vegetables Drying of corn, rice, hay, fruits, and Peanut shelling, custom vegetables Potato curing Flax decorticating and retting Seed cleaning Fruit precooling, not in connection with Sorting, grading, and packing of fruits transportation and vegetables Fruit vacuum cooling Sweet potato curing Grain cleaning Tobacco grading Grain fumigation Vegetable preeocling, not in connection Grain grinding, custom with transportation Moss ginning Vegetable vacuum cooling 0724 Cotton Ginning Establishments primarily engaged in ginning cotton. Cotton ginning Gins, cotton: operation of Cotton pickery 074 VETERINARY SERVICES 0741 Veterinary Services for Livestock Establishments of licensed practitioners primarily engaged in the practice of veterinary medicine, dentistry, or surgery, for cattle, hogs, sheep, goats, and poultry. Establishments of licensed practitioners primarily engaged in treating all other animals are classified in Industry 0742. Animal hospitals for livestock Veterinary services for livestock Veterinarians for livestock 0742 Veterinary Services for Animal Specialties Establishments of licensed practitioners primarily engaged in the practice of veterinary medicine, dentistry, or surgery, for animal specialties. Animal spe- cialties include horses, bees, fish, fur -bearing animals, rabbits, dogs, cats, and other pets and birds, except poultry. Establishments of licensed practitioners primarily engaged in veterinary medicine for cattle, hogs, sheep, goats, and poultry are classified in Industry 0741. Animal hospitals for pets and other Veterinary services for pets and other animal specialties animal specialties Pet hospitals AGRICULTURE, FORESTRY, AND FISHING Industry Group Industry No. No. 075 ANIMAL SERVICES, EXCEPT VETERINARY 0751 Livestock Services, Except Veterinary Establishments primarily engaged in performing services, except veterina for cattle, hogs, sheep, goats, and poultry. Dairy herd improvement assoc tions are also included in this industry. Establishments primarily engaged the fattening of cattle are classified in Industry 0211. Establishments engal in incidental feeding of livestock as a part of holding them in stockyards periods of less than 30 days (generally in the course of transportation) i classified in Transportation and Public Utilities, Industry 4789. Establi menta primarily engaged in performing services, except veterinary, for a mals, except cattle, hogs, sheep, goats, and poultry are classified in Indus 0762. Artificial insemination services: live- Pedigree record services for ca stock hogs, sheep, goats, and poultry Breeding of livestock Sheep dipping and shearing Cattle spraying Showing of cattle, hogs, g sheep, , Cleaning poultry coops and poultry Dalry herd improvement associations Slaughtering, custom: for individual Livestock breeding services Vaccinating livestock, except by ve Milk testing for butterfat narians 0752 Animal Specialty Services, Except Veterinary Establishments primarily engaged in performing services, except veterina for pets, equines, and other animal specialties. Establishments primarily gaged in performing services other than veterinary for cattle, hogs, she goats, and poultry are classified in Industry 0761. Establishments primal engaged in training racehorses are classified in Services, Industry 7948. Animal shelters Pedigree record services for pets Artificial insemination services: animal other animal specialties specialties Showing of pets and other animal Boarding horses cialties Boarding kennels Training horses, except racing Breeding of animals, other than cattle, Training of pets and other animal hogs, sheep, goats, and poultry cialties Dog grooming Vaccinating pets and other animal Dog pounds cialties, except by veterinarians Honey straining on the farm 076 FARM LABOR AND MANAGEMENT SERVICES 0761 Farm Labor Contractors and Crew Leaders Establishments primarily engaged in supplying labor for agricultural F duction or harvesting. Establishments primarily engaged in machine harvi ing are classified in Industry 0722. Crew leaders, farm labor: contract Farm labor contractors 0762 Farm Management Services Establishments primarily engaged in providing farm management cervi( including management or complete maintenance of citrus groves, orchal and vineyards. Such activities may include cultivating, harvesting, or ot1 specialized activities, but establishments primarily engaged in perform such services without farm management services are classified in the apr priate specific industry within Industry Group 072. Citrus grove management and mainte• Vineyard management and ma nance, with or without crop services Hance, with or without crop ser Veterinarians for pets and other Farm management services animal specialties Orchard management and mainte- nance, with or without crop services 3 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 MEMORANDUM FAX: 540/678-0682 To: Frederick County Planning Commission From: Amy M. Lohr, Planner II Subject: Amendment to the Permitted Use List of the Bi Zoning District to Allow for Tobacco Stores and Stands Date: November 21, 2000 Nature o, f Discussion Staff has received a request from Mr. Bill Leachman, president of Virgnia Leaf, Inc., to consider an amendment to the permitted use list of the B 1 (Neighborhood Business) Zoning District to include all uses in Industry No. 5993 - Tobacco Stores and Stands. Establishments of this sort are primarily engaged in the retail sale of cigarettes, cigars, tobacco, and smokers' supplies. This category of uses belongs to Major Group No. 59, Miscellaneous Retail and to the larger Division G, Retail Trade. All uses in Group 59 are currently permitted in the B2. Only Industry Group Nos. 591, Drugstores, and 594, Miscellaneous Shopping Goods Stores are permitted in the B 1 at this time. Other uses within the Retail Trade Division of the SIC are currently permitted in the B 1 district. These uses include food stores, apparel and accessory stores, restaurants, and uses 591 and 594, referenced above. The intent of the B 1 District is to provide surrounding residential neighborhoods with limited retail and personal services. Business uses in this district should be small in size and should not produce substantial vehicle traffic in excess of what is usual for the residential neighborhoods. A copy of Industry Group 5993 - Tobacco Stores and Stands has been attached for further reference. DRRS Summary The Development Review and Regulations Subcommittee (DRRS) considered the proposed amendment at their October 26, 2000 meeting. Committee members discussed the appropriateness of such a use in the B 1 district. The Committee also examined the County Index Map to evaluate the locations of B 1 zoned properties in the County. Given the other retail uses currently permitted, the Committee did not have any objection to allowing for the proposed use in the B 1 district. 107 North Kent Street - Winchester, Virginia 22601-5000 DRRS Recommendation With regard to Tobacco Stores and Stands in the B 1 District, DRRS has made the following recommendation: 165-82.A. B1 Neighborhood Business District Allowed uses SIC - 5993 Tobacco Stores and Stands Planning Commission Action Staff would request that the Planning Commission forward a recommendation to the Board of Supervisors. AML/ Attachment U. iAmylComnioaIN' Memos)Tobacco Slores and Slandv /n Bl. n pd Jlt. 1JGJ1.111J LSV SS SVl �1�J77J �/lam SIC Description. for 3993 Division G: Retail Trade Major Group 59: Miscellaneous Retail "tLP.// W W W.VJll4.bVVlL. YJA-V11L Jlt,/JSI.JGl G: J77J Industry Group 599: Retail Stores, Not Elsewhere Classified ' 5993 Tobacco Stores and Stands Establishments primarily engaged in the -retail sale of cigarettes, cigars, tobacco, and smokers' supplies. . Cigar stores and stands -retail . Tobacco stores -retail . Tobacconists -retail [ SIC Search I Division Structure I Major Group Structure I OSHA Standards Cited ]� [ Comments & info I OSHA Home Pare I OSHA-0CIS I US DOL Web Site I Disclaimer ] 1 of 1 10/20/2000 11:50 AM COUNTY of FREDERICK Department of Planning and Development 540/665-5651 ME1M 01"NDUM FAX: 540/678-0682 To: Frederick County Planning Commission From: Amy M. Lohr, Planner II Subject: Amendment to the Permitted Use List of the B1 Zoning District to Allow for Accounting, Auditing, and Bookkeeping Services Date: November 21, 2000 Nature of Discussion Staff has received a request from Mr. Douglas T. Mort, a certified public accountant with Sareen & Associates, to consider an amendment to the permitted use list of the B 1 (Neighborhood Business) Zoning District to include all uses in Industry Group 872 - Accounting, Auditing, and Bookkeeping Services. Specifically, Mr. Mort hopes to establish an accounting office in the B 1 District. Certified public accounting is classified in Major Group 87 - Engineering, Accounting, Research, and Related Services. This group is currently permitted in the B2 District but not in the B 1. The intent of the B 1 District is to provide surrounding residential neighborhoods with limited retail and personal services. Business uses in this district should be small in size and should not produce substantial vehicle traffic in excess of what is usual for the residential neighborhoods. A copy of Industry Group 872 - Accounting, Auditing, and Bookkeeping Services has been attached for further reference. DRRS Summary The Development Review and Regulations Subcommittee (DRRS) considered the proposed amendment at their October 26, 2000 meeting. The Committee felt that an allowance for accounting, auditing, and bookkeeping services was consistent with the stated intent of the B 1 District. Furthermore, the services defined in this category of uses is comparable to other uses currently allowed in the B 1 District such as tax return preparation services and medical offices. 107 North Kent Street o Winchester, Virginia 22601-5000 We Do It All For Your Business: Full Accounting S Management Advisory svrviovs New Susinesa Setups Payroll Flnanotal/Prot d Loss Statements All Tax Form Filings/ Preparation Audils Accounts Payable Incorporations Accounts Receivable/ Collections Business Loan Package Preparation Business Projections' Budgets. etc. Business Counseling 6 Clinics Financial Planning For You: Diraot Access to Profes- alonel Help Untlmbed Consultation/ Planning Phone Celle Returned Promptly Free Pick Up 6 Delivery Evening h Weekand Appointments Complete Year -Round Operation Personal Financial Planning Personal Debt Consolida- tion and Mortgage Planning IRS Loan d Lease Negoliatione 5408691516 SAREEN AND ASSOCIATE 5�I�E1W N & A \ SSO CIATES CERTIFIED PUBLIC ACCOUNTANTS & MANAGEMENT CONSULTANTS Bringing you 65+ years of experience and knowledge When you go with experience, you go in trust. " October 18, 2000 Evan Wyatt Deputy Director 107 N. Kent Street Winchester, VA 221501 Dear Mr. Wyatt, PAGE 02 This letter is to request an amendment to the B-1, Neighborhood Business District to allow accounting offices as a by -right use as identified under SIC # 872. The B-1 currently allows for finance, insurance, real estate, and medical offices. Accounting offices are similar in office dealings and structure. I greatly appreciate your consideration for this amendment. I can be contacted at the following address. Doug Mort Sareen & Associates -" 5011 Main Street, P.O. Box 477 Stephens City, VA 22655 Ph# 869-2007, Fax# 864-1516 Sincerely, Dou as T_ Mort, CPA 5011 Mem Street. P.O. Box 477, Stephens City, VA 22MS - Phone 540.8gg-2007 - Fax 540-869-1516 10702 Vattdor Lane, Manassas, VA 20109 - Phone 703-36193444 • Fax 703.366-3417 370 S. Commerce Street, Front Royal, VA 22830 • Phone 540-835-81954 - Fax 540-835-1963 4036-8 Plank Road, Fredencics", VA 22407 • Phone 540.7854805 DRRS Recommendation With regard to Accounting, Auditing, and Bookkeeping Services in the B 1 District, DRRS has made the following recommendation: 165-82.A. B1 Neighborhood Business District Allowed uses SIC - 872 Accounting, Auditing, and Bookkeeping Services Planning Commission Action Staff would request that the Planning Commission forward a recommendation to the Board of Supervisors. AML/ Attachment U. IAmy;O mmanlPC A4,.—lAccounting Auditing Bookkeeping in BL.pd �71V LG,�.11�1AV11 1VA tel/ V ! G 1 �/ 1/ SIC Description for 8721 11ll}J./IwwW.V,11q.rVv/l^�Y Vlll/J1NalWcic:u G Division I: Services Major Group 87: Engineering_AccountinL Research, Management, And Related Services Industry Group 872: Accounting, Auditing, And Bookkeeping Services 8721 Accounting, Auditing, and Bookkeeping Services Establishments primarily engaged in furnishing accounting, bookkeeping, and related auditing services. These establishments may use data processing and tabulating techniques as part of providing their services. However, establishments primarily engaged in providing data processing and tabulating services are classified in Industry 7374. Establishments providing income tax return preparation service without also furnishing accounting, auditing, or bookkeeping services are classified in Industry 7291. . Accounting service . Auditing service, accounts . Bookkeeping and billing service . Certified public accountants (CPAs) . Payroll accounting service . Public accountants certified [ SIC Search I Division Structure I Major Orquip Structure I OSHA Standards Cited ] [ Comments & Info I OSHA Home Page I OSHA-OCiS I US DOL Web Site I Disclaimer ] 1 of 1 10/18/2000 2:17 PM