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PC 02-02-00 Meeting AgendaAGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia FEBRUARY 2, 2000 7:00 P.M. CALL TO ORDER TAB 1) December 1, 1999 and December 15, 1999 Minutes .......................... A 2) Application Action Summary ........................................... B 3) Committee Reports ............................................... (no tab) 4) Citizen Comments.................................................(no tab) PUBLIC HEARING 5) Conditional Use Permit #01-00, Edwin L. Lambert, Jr., for a Cottage Occupation to operate a contracting business. This property is located at 1521 Cedar Hill Road, and is identified with Property Identification Number 33-A-36 in the Stonewall Magisterial District. (Mr.Cheran)........................................................ C 6) Proposed Updates to the 2000-2001 Capital Improvements Plan (CIT). The CIP is a prioritized list of projects requested by numerous County agencies, to be reviewed for potential allocation in the ensuing five-year period. The plan is created as an informational document to assist in the development of the County's annual budget. The CIP is an advisory document; projects are not necessarily funded because of their inclusion in the CIP. (Mr. Wyatt).........................................................D DISCUSSION ITEM 7) Discussion regarding the Comprehensive Plans and Programs Subcommittee (CPPS) Public Information Meetings on the proposed Land Use Study for the Northeastern Frederick County Area held on January 13'h and 18`, 2000 at Stonewall Elementary School Cafeteria. (Mr. Wyatt) ................. ......................................E 8) 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 December 1, 1999. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; Marjorie H. Copenhaver, Back Creek District; Robert A. Morris, Shawnee District; S. Blaine Wilson, Shawnee District; Richard C. Ours, Opequon District; W. Wayne Miller, Gainesboro District, Roger L. Thomas, Opequon District; George L. Romine, Citizen at Large; and Jay Cook, Legal Counsel. ABSENT: John R. Marker, Vice-Chairman/Back Creek District; John H. Light, Stonewall District; Terry Stone, Gainesboro District; Robert M. Sager, Board Liaison; and Vincent DiBenedetto, Winchester City Liaison STAFF PRESENT: Kris C. Tierney, Director; Michael T. Ruddy, Zoning Administrator; Mark R. Cheran, Planner I; Amy M. Lohr, 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 6, 1999 & OCTOBER 20, 1999 Upon motion made by Mr. Thomas and seconded by Mr. Romine, the minutes of October 6, 1999 were unanimously approved as presented. Upon motion made by Mr. Romine and seconded by Mr. Thomas, the minutes of October 20, 199 were unanimously approved as presented. APPLICATIONS ACTION SUMMARY Chairman DeHaven accepted the report for the Commission's information. Frederick County Planning Commission Minutes of December 1, 1999 Page 443 -2 - COMMITTEE REPORTS Historic Resources Advisory Board (HRAB) - 11/16/99 Mtg. Mr_ Robert M. Morris, HRAB member, reported that the HRAB discussed reviving the historic plaque program in Frederick County. He said the HRAB also discussed Virginia's rural historic districts and how they might be applied in Frederick County, PUBLIC HEARING Conditional Use Permit 926-99 of Nanette M. McFarland for a kennel (pet -sitting business). The property is located at 3782 Wardensville Grade and is identified with P.I.N. 59 -A -20E in the Back Creek Magisterial District. Action - Recommended Approval w/ Conditions Mr. Mark R. Cheran, Planner I, read the background information and review agency comments. Mr. Cheran stated that kennels are a permitted use in the RA (Rural Areas) Zoning District with an approved conditional use permit. He said that the applicant has stated that the operation will involve boarding approximately five animals in the basement of her home. Mr. Cheran added that the property is surrounded by mature woodlands and the nearest property is 150' from the applicant's residence. Ms. Nanette M. McFarland was present to answer questions from the Commission. Members of the Commission inquired if the applicant would be able to keep all animals indoors, especially during the night and Ms. McFarland replied that she would. There were no public comments. Members of the Commission believed that as long as the animals were kept inside of a completely enclosed structure, the impact on the surrounding neighborhood should be minimal. Upon motion made by Mr. Romine and seconded by Mr. Ours, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #26-99 of Nanette M. McFarland for a kennel (pet -sitting business) at 3782 Wardensville Grade with the following conditions: All agency comments should be complied with at all times. 2. All requirements of the Frederick County Code and the Code of Virginia pertaining to kennels shall Frederick County Planning Commission Minutes of December 1, 1999 Page 444 -3 - be complied with at all times. 3. No more than five animals other than those owned by the applicant shall be boarded at one time. 4. Any proposed business sign shall conform with the Cottage Occupation requirements (sign shall not exceed four square feet). 5. Any expansion of this use would require a new Conditional Use Permit. Conditional Use Permit #27-99 of Stuart M. Perry, Inc. for a Commercial Outdoor Recreation Facility (golf course). This property is located at 1052 Merrimans Lane and is identified with P.I.N. 52-A-313 and 52-A-88 in the Back Creek District. Action - Recommended Approval w/ Conditions Mr. Mark R. Cheran, Planner I, stated that the zoning ordinance allows commercial outdoor recreation facilities in the RA (Rural Areas) Zoning District with a conditional use permit. Mr. Cheran said that the property is located outside of the Sewer and Water Service Area (SWSA) and, therefore, public sewer and water services are not available to the property. Mr. Cheran reported that the Health Department has stated that any use of an on-site sewage disposal system must be initiated by an application with a design by a Virginia Professional Engineer, following a soil evaluation of the property. Mr. Cheran said that the applicant is in the process of addressing these Health Department comments. Mr. Cheran continued, stating that staff is recommending limiting the number of signs along Route 37 to one and limiting the sign size to a maximum of 50 square feet, to be in keeping with the rural character ofthe area. Mr. Cheran also stated that an engineered site plan will be required for the proposed use and must address all requirements of the Zoning Ordinance and the various reviewing agencies. Mr. Dennis W. Perry, President, representing the application for Stuart M. Perry, Inc., was available to answer questions from the Commission. Chairman DeHaven called for public comment and the following persons came forward to speak: Mr. Aurther Littman, owner of the adjoining Candy Hill Campground, spoke in favor of the proposed golf course. Mr. Greg Baruffi, a resident on Fox Drive, also supported the proposed golf course, but he had some environmental concerns, particularly with Abrams Creek and the wetlands on the Willow Grove Farm. He commented that he, along with several other Shenandoah University students, had recently presented to the Board of Supervisors the findings of a study conducted in this area. He pointed out that the wetlands in the Willow Grove Farm area contain about a dozen plant species that are rare to the State of Virginia. He hoped that all environmental regulations would be followed regarding the use of pesticides, herbicides, and Frederick County Planning Commission Minutes of December 1, 1999 Page 445 -4 - fertilizers and that the proposed golf course would be designed and constructed to be "environmentally friendly." The subject of failing septic systems in the Round Hill area was raised by members of the Commission and a discussion ensued concerning the pursuit of extending water and sewer service to Round Hill, in light of the development that is occurring in this area. The Planning Staff pointed out that the County's long-range plans are to ultimately extend a line paralleling the west side of Route 37 from the Route 522 interchange area. It was also noted that if and when the DeGrange property develops, sewer and water will probably be extended to accommodate that property and the developers may participate in that effort in some form. Members of the Commission were very much in favor of the type of development proposed by Stuart M. Perry, Inc. They believed it served multiple purposes by keeping green and open space and providing recreational amenities to the- citizens of the County. Upon motion made by Mr. Ours and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #27-99 of Stuart M. Perry, Inc. for a Commercial Outdoor Recreational Facility (golf course) at 1052 Merrimans Lane in the Back Creek Magisterial District with the following conditions: All review agency comments must be addressed and complied with at all times. 2. One business sign shall be allowed along Route 37; this sign shall be limited to a maximum of 50 square feet in area. An engineered site plan shall be approved by the County. Any expansion of use beyond the proposed 18 holes or construction of additional facilities would require a new conditional use permit. Conditional Use Permit 428-99 of Kenneth E. Hottinger for a public garage without body repair. This property is located at 1057 Ridings Mill Road and is identified with P.I.N. 92 -A -3B in the Opequon Magisterial District. No Action - Application Withdrawn by the Applicant Ms. Amy M. Lohr, Planner I, read the background information and review agency comments. Ms. Lohr stated that public garages without auto body repair are a permitted use in the RA (Rural Areas) Zoning District with an approved conditional use permit (CUP) provided that all repair work takes place entirely within an enclosed structure and all exterior storage of parts and equipment is fully screened from the view of surrounding properties. Ms. Lohr explained that this application was submitted following a site inspection by the staff which was initiated by a citizen complaint. The inspection revealed that Mr. Hottinger Frederick County Planning Commission Minutes of December 1, 1999 Page 446 -5 - was operating his business without the required CUP. She further stated that an existing 1,200 -square -foot garage will serve as the location for the operation and it is situated approximately 900 feet from Ridings Mill Road. She added that the garage is generally screened from adjoining properties by mature vegetation and trees. Mr. Kenneth E. Hottinger, the owner and applicant, was available to answer questions from the Commission. Members of the Commission had questions for Mr. Hottinger on the number of days per week he intended to work, how he planned to dispose of fuels, lubricants, paints, batteries, and if his garage had a concrete floor with a floor drain. Mr. Hottinger replied that he intends to work three days per week at the site, no Saturdays or Sundays; he disposes of chemicals by taking them to a friend's shop in Front Royal who has an appropriate disposal receptacle; and, his garage has a solid concrete floor with a floor drain. Chairman DeHaven called for public comments and the following persons came forward to speak: Mr. Glenn Martin, President of Dynatec, Inc., an adjoining property owner, said that when he purchased his property ten years ago, the Homeowners Association indicated that there would be no commercial development permitted. Mr. Martin said that he became aware of Mr. Hottinger's operation when a neighbor approached him and thought he was using the back of his property for a junk yard. Mr. Martin said that upon investigation, he discovered there were approximately 20 wrecked vehicles at the property line on Mr. Hottinger's side. Mr. Martin said that he notified the Frederick County Zoning Administrator of the situation. Mr. Martin continued stating that since he works in a service facility, he is aware of the problems encountered such as leaking fuels and chemicals from vehicles in need of repair, and he was concerned about the environmental damage that could occur. He explained that the road to Mr. Hottinger's property is a three- mile narrow, dirt and gravel road. Mr. Martin added that the 20 vehicles have not been removed from the area, but just have been moved to a neighbor's property. He believed this operation was an inappropriate use for this area. Mr. Carl Haines, an adjoining property owner, stated that he has put in considerable work in the last 12 years to make his residential property aesthetically pleasing and he clearly did not want to have a junkyard located next to him. Mr. Haines was also concerned about the environmental damage from chemicals, such as antifreeze, ethylene glycol, and motor oil, draining out of vehicles. In response to a question from one of the Commissioners, Mr. Haines replied that he was made aware of this use last summer, through Mr. Martin. Ms. Barbara Weimer, adjoining property owner, said that Ridings Mill Road is a narrow, dirt road and she was concerned about the extra traffic and roll -back trucks hauling cars in. Ms. Weimer said that she became aware of Mr. Hottinger's operation about a year ago when she observed roll -back trucks going into the property. Ms. Jackie Cooley, a neighbor across the road, was concerned about the condition of Ridings Mill Road. Ms. Cooley said that Ridings Mill Road has not been improved in the 30 years that she's lived Frederick County Planning Commission Minutes of December 1, 1999 Page 447 there. She has observed increasing amounts of traffic. She said that three or four school buses travel the road and the road is not wide enough for vehicles to pass. Mr. Hottinger came back to the podium and stated that he wished to withdraw his application, as he did not realize there was so much opposition from the neighbors. No further action was needed or taken by the Commission. PUBLIC MEETING Request for a waiver to the cul-de-sac length requirement, Section 144-17.G () of the Frederick County Subdivision Ordinance, submitted by Artz & Associates, Inc. on behalf of Norman J. Secrist, to permit a cul-de=sac length of 2,500 feet. This property is located on Wright's Road (Rt. 661) and is identified with P.I.N. 23-A-5 in the Stonewall Magisterial District. Action - Tabled Mr. Michael M. Artz of Artz & Associates, Inc. explained that ultimately, the intention was to place the proposed road in this particular site and lots that were originally a part of this property, that were road frontage, have since been conveyed and divided out of the property. Mr. Artz said that this is the only location available to provide access to the remaining property. He commented that Mr. Secrist had to purchase some property back in order to be able to dedicate land for State road purposes_ Numerous questions were raised by the Commission. They expressed concern about whether or not the necessity of approving the waiver was solely to allow more lots to be developed. They expressed concern over whether approving the request would encourage development outside of the UDA. They inquired if there was any topographic hardship involved. There was concern that continued approval of cul-de-sacs throughout the County would create a "patchwork" transportation system and it would ruin the County's road network. Members of the Commission inquired if the applicant had explored the feasibility of extending the road into Orchardale or explored the possibility of looping the road. Mr. Norman J. Secrist, the owner, said that he was not aware of the cul-de-sac length requirement when he started his project three years ago. He said that he realized that ignorance is no excuse for breaking the law, but he just did not know that what he was doing was illegal. Mr. Secrist said that he has already spent a considerable amount of money cutting in the roads and perking all of the lots. He said that the 65 acres remaining of this orchard is absolutely worthless ground for farming. Mr. Kris C. Tierney, Planning Director, stated that he worked with the Rural Issues Committee several years ago and was involved in many discussions about how rural areas should be developed. Mr. Tierney said that when a limit on cul-de-sac length was instituted, the focus of the discussion at the time was strictly on residential performance lots and the justification was emergency services. He said that the limit on cul-de-sac length was not instituted as a way to prevent development of five -acre lots in a rural area. Mr. Tierney commented that if Mr. Secrist would stub the road out to the property line, it would no longer Frederick County Planning Cominission Minutes of December 1, 1999 Page 448 -7 - technically be considered a cul-de-sac. The Planning Commission discussed the possibility of tabling this request, thereby giving the applicant additional time to explore the possibility of extending the road into Orchardale or looping the road. Upon motion made by Mr. Miller and seconded by Mr. Wilson, BE IT RESOLVED, That the Frederick County Planning Commission does hereby table the request for a waiver to the cul-de-sac length requirement of the Subdivision Ordinance, Section 114-17.G(1), submitted by Artz & Associates, Inc. on behalf of Norman J. Secrist, to the first meeting in January, 2000, by the following majority vote: YES (To Table): Miller, Thomas, Romine, Wilson, DeHaven NO: Ours, Copenhaver, Morris OTHER Mr. Michael T. Ruddy, Zoning Administrator, said that rather than having a Development Review and Regulations Subcommittee (DRRS) meeting at the end of December, the Planning Staff felt that the December 15'' Planning Commission meeting could be used to discuss a couple of DRRS items, since a fairly light agenda is anticipated. The Planning Commission agreed with that suggestion. 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, Secretary Charles S. DeHaven, Jr., Chairman Frederick County Planning Commission Minutes of December 1, 1999 Page 449 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 December 15, 1999. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; John R. Marker, Vice-Chairman/Back Creek District; Marjorie H. Copenhaver, Back Creek District; W. Wayne Miller, Gainesboro District; Roger L. Thomas, Opequon District; John H. Light, Stonewall District; Tery Stone, Gainesboro District; George L. Romine, Citizen at Large; Robert M. Sager, Board Liaison; and Jay Cook, Legal Counsel. ABSENT: Robert A. Morris, Shawnee District; S. Blaine Wilson, Shawnee District; Richard C. Ours, Opequon District; and Vincent DiBenedetto, Winchester City Liaison STAFF PRESENT: Kris C. Tierney, Director; Michael T. Ruddy, Zoning Administrator; Chris M. Mohn, Planner II; Amy M. Lohr, Planner I; and Renee' S. Arlotta, Clerk. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 -p.m. MEETING MINUTES - NOVEMBER 3, 1999 Upon motion made by Mr. Romine and seconded by Mr. Thomas, the minutes of November 3, 1999 were unanimously approved as presented. APPLICATIONS ACTION SUMMARY Chairman DeHaven accepted the report for the Commission's information. Frederick County Planning Commission Minutes of December 15, 1999 Page 450 -2 - PUBLIC MEETING Master Development Plan #04-99 of Lexington Court, submitted by Painter -Lewis, P.L.C. This property is located on Fairfax Pike (Rt. 277), 0.9 miles east of I-81, and is identified with P.I.N. 86-5-B in the Opequon Magisterial District. Action - Recommended Approval Chairman DeHaven said that he would abstain from discussion and voting on this master development plan due to a possible conflict of interest. Vice Chairman Marker conducted the meeting. Mr. Chris M. Mohn, Planner II, read the background information and review agency comments. Mr. Mohn said that staff has identified three issues associated with this master development plan: transportation, non -conforming structure status, and the road efficiency buffer. Regarding the transportation issue, Mr. Mohn stated that the applicant has provided a 12 -foot dedicated strip of land to accommodate the right -of --way requirements for the future widening of Fairfax Pike (Rt. 277). He said that VDOT has advised the staff that such dedication adequately satisfies the projeci's right-of-way needs along the frontage of the development. Regarding the other two issues, Mr. Mohn stated that the approval of this master development plan will result in the creation of non -conformities relative to the existing dwelling. He said the first is the dwelling's encroachment within the front yard setback required from the Lexington Court right-of-way and the second is its location within the area that would otherwise be reserved as a road efficiency buffer. He noted that it is the staffs opinion that the origination of such non -conformities through master plan approval may be considered legal given the existence of the dwelling prior to the adoption of the subject standards. Mr. Timothy G. Painter, P.E. ofPainter-Lewis, P.L.C., representing the owner/developer, was present to answer questions from the Commission. The applicant believed that placing the road efficiency buffer in front of the existing dwelling would detract from its appearance and the subsequent development. Members of the Commission inquired why Hammer Court was not extended all the way through to Fairfax Pike (Rt. 277). The applicant responded that VDOT preferred not to extend Hammer Court because it could result in the creation of a thoroughfare. Members of the Commission pointed out that a state - maintained road through this area was not possible anyway, because of the parking areas coming out onto the street. There were no public comments. Although the approval of the proposed master development plan would result in the aforementioned non -conformities, the Commission believed it was otherwise consistent with the requirements of the Zoning Ordinance. Upon motion made by Mr. Thomas and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Master Development Plan #04-99 of Lexington Court, submitted by Painter -Lewis, P.L.C. contingent upon the applicant's ability to adequately address all comments and concerns of the Planning Frederick County Planning Conunission Minutes of December 15, 1999 Page 451 -3 - Commission and the Board of Supervisors, as well as the technical comments of all review agencies. (Note: Chairman DeHaven abstained from voting on this item.) Waiver request from the driveway alignment requirement for motor vehicle access, Section 165-29.A.(12) Motor Vehicle Access, Zoning Ordinance, for the proposed Michael G. Prelip office complex in the Commonwealth Business Center. This property is located on Commonwealth Court, off Route 11, and is identified with P.I.N. 75 -A -91E in the Back Creek Magisterial District. Action - Unanimously Approved Chairman DeHaven said that he would abstain from discussion and voting on this waiver request due to a possible conflict of interest. Vice Chairman Marker conducted the meeting. Ms. Amy M. Lohr, Planner I, stated that the Planning Commission has received a request from Mr. Timothy G. Painter, P.E. on behalf of the above -referenced development to permit an alternative to the driveway alignment requirement which requires that new driveways be aligned with existing or planned driveways. Ms. Lohr stated that the site plan for Prelip's office complex shows two 20 -foot driveways, neither of which align with the 40 foot planned driveway across Commonwealth Court. She noted that the proposed driveways have been centered with respect to the opposing entrance. Ms. Lohr continued, stating that the Planning Commission has the authority to allow other means of access that do not meet the requirements of the Zoning Ordinance when methods of controlling motor vehicle access that promote safe and convenient access to and from the site are implemented. She said that the applicant has proposed a pattern of one-way circulation, controlling access in a manner that advances safe and convenient access to and from the site. In order to further promote efficient travel along Commonwealth Court, Ms_ Lohr said that the staff would recommend the provision of additional signage and appropriate pavement markings at each driveway entrance to highlight the circulation patterns. Mr. Timothy G. Painter, P.E. ofPainter-Lewis, P.L.C., representing the owner/developer, was present to answer questions from the Commission. Mr. Painter explained that the circulation pattern proposed will separate truck traffic from the parking. Members of the Commission asked for the anticipated traffic count. Mr. Painter replied that the office is projected to have 227 vehicles per day and one or two truck visits per day. Commission members inquired if Commonwealth Court would be a state -maintained road and staff noted that it is planned to be a state -maintained road. There were no public comments. Members of the Commission believed the traffic circulation pattern proposed would work, however, they stated that proper signage along Commonwealth Court was paramount to its success. Mr. Painter assured the Commission of his intention to install all the proper signs. Frederick County Planning Commission Minutes of December 15, 1999 Page 452 -4 - Upon motion made by Mr. Miller and seconded by Mr. Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve a driveway alignment waiver request, Section 165-29.A.(12) ofthe Frederick County Zoning Ordinance, for Mr. Timothy G. Painter, P.E. of Painter -Lewis, P.L.C. on behalf of the Michael G. Prelip Office Complex. (Note: Chairman DeHaven abstained from voting on this waiver request.) Waiver request from the lot access requirement, Section 144-24.C(2)b. of the Frederick County Subdivision Ordinance, submitted by Painter -Lewis, P.L.C. on behalf of Satian Enterprises, Inc. to permit the location of multi -family housing in excess of 500 feet from a state -maintained road. This property is located at the intersection of Valley Mill Road (Rt. 659) and Brookland Lane (Rt. 658) and is identified with P.I.N. 54-2-1 in the Shawnee Magisterial District. Action - Unanimously Approved Mr. Christopher M. Mohn, Planner II, stated that the Planning Commission has received a request from Mr_ Timothy G. Painter, P.E. of Painter -Lewis, P.L.C., on behalf of the above -referenced development for a waiver of the lot access requirement applicable to multi -family housing. Mr. Mohn explained that the applicant has submitted a site plan for the development of nine apartment buildings that will consist of 88 two-bedroom units. He said that access to the proposed development will occur solely via an entrance from Brookland Lane (Rt. 65 8) with circulation through the site facilitated by a system of driveway loops that connect to a central travelway. He said that the site plan depicts the location of buildings `B" and "I" at distances of 670' and 715' from the entrance to the development, respectively. Mr. Mohn stated that the maximum allowable distance for multi -family housing from access to a state -maintained road is 500'. Mr. Mohn said that the applicant is seeking a waiver ofthis requirement to facilitate revision ofthe approved master development plan that would permit the layout proposed on the site plan. Mr. Mohn continued, stating that the proposed layout would involve the elimination of a second entrance to the site directly from Valley Mill Road (Rt. 659), which was included on the original master development plan. Mr. Mohn said that the elimination of the second entrance will arguably improve the safety and efficiency of the traffic flow on Valley Mill Road as its intersection with Brookland Lane will be the focal point for access to both sections of the condominium complex. Mr. Mohn believed that the applicant had incorporated design features into the proposed development that result in a desirable circulation pattern which may satisfy the criteria for a waiver of the access standard applicable to multi -family housing_ Mr. Timothy G. Painter, P.E. of Painter -Lewis, P.L.C. said that this particular layout was used in order to contain all the traffic on the site and to funnel traffic out to Brookland Lane instead of to Valley Mill Road because of the high volume of traffic already using Valley Mill Road. Mr. Painter believed that another entrance onto Valley Mill Road could be detrimental to the site and could make an unsafe condition, if motorists tried to use this site as a shortcut. There were no public comments. Frederick County Planning Commission Minutes of December 15, 1999 Page 453 -5 - No issues of concern were raised by the Planning Commission, The Commission believed the design features incorporated by the applicant would result in a desirable circulation pattern for the proposed development and would satisfy the criteria for a waiver of the required access standards. Upon motion made by Mr. Light and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve the waiver request from the lot access requirement, Section 144-24.C(2)b. of the Frederick County Subdivision Ordinance submitted by Painter -Lewis, P.L.C. on behalf of Satian Enterprises, Inc. to permit the location of multi -family housing in excess of 500' from a state -maintained road. DISCUSSION Joint discussion between Planning Commission and the Development Review and Regulations Subcommittee regarding the provisions for access to loading areas. Mr. Michael T. Ruddy, Zoning Administrator, stated that over recent months, staff has reviewed several site plans that propose various kinds of loading areas. He said that generally, the requirements for loading spaces are relatively straightforward, however, access to loading areas, in particular the surface materials used, invokes a considerable amount of debate. Mr. Ruddy stated that it is the staff's interpretation that access to all loading spaces shall be provided via driveways and aisles meeting the requirements for parking lots contained in Section 165-27 and, therefore, the surface materials provided should be appropriate for the zoning district in which the development is located. He added that the staff is seeking to clarify its interpretation of the requirement with the confirmation of the Planning Commission and the Development Review and Regulations Subcommittee (DRRS) in order -to maintain consistency in application of the standards and to give firm direction to the development community of the acceptable standards for loading areas. Mr. Timothy G. Painter, P.E. of Painter -Lewis, P.L.C. also participated in this discussion. The Commission affirmed the staff s interpretation of the ordinance as presented above. In addition, a possible solution to provide a flexible alternative to paving was presented in which a threshold for loading space would be instituted. Areas exceeding "X" amount of loading space would require paving. It was felt that one or two loading bays would not generate a lot of traffic, however, five, ten or more loading bays would involve significantly more truck traffic and the need for a durable surface material. The Commission believed this would address the small business versus the big facility philosophy. Types of surface material used for paving were also discussed. It was pointed out that the wording in the ordinance calls for bituminous concrete, concrete, or similar materials as permitted paving materials, however, only bituminous concrete or concrete has been approved in the past. It was stated by Mr. Painter that members of the development community consider double prime and seal treatment (or tar and chip) as a "similar material." Staff advised that if the consensus of the Commission is that tar and chip is not Frederick County Planning Commission Minutes of December 15, 1999 Page 454 M considered to be a legitimate substitute, then the phrase "similar materials" should be removed from the ordinance to avoid misinterpretation. Members of the DRRS believed they received the direction needed to write a proposed amendment, which they would bring back to the Commission for review. ADJOURNMENT unanimous vote. No further business remained to be discussed and the meeting adjourned at 8:05 p.m. by A$ Respectfully submitted, Kris C. Tierney, Secretary Charles S. DeHaven, Jr., Chairman Frederick County Planning Commission Minutes of December 15, 1999 Page 455 APPLICATION ACTION SUMMARY (printed January 20, 2000) <' Application newly submitted. REZONINGS• Manuel C. & Pearl A. DeHaven & W.D. & Dorothy Orndorff (REZ #10-99 "Mr. Fuel" Stonewall 9.4382 acres from M2 to B3 and .8263 acres from RA to B3; 10.2645 ac. of IA Overlay District Location: 500'+ so. of intersection of Rest Church Rd. (Rt. 669) & Martinsburg Pk. (Rt. 11), betwn Rt..l I & 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 MASTER DEVELOPMENT PLANS: Morgaine Trace Subdivision (MDP #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 - tentatively scheduled 11 Admin. Approved: Pending Shenandoah University - Revision to MDP #001-91 Shawnee New 2,500 seat football stadium & 1 eliminate 500 -unit dormitory E Location: East side of I-81 adjacent to College Park and Pembridge Heights subdivisions Submitted: 07/30/99 PC Review: 08/18/99 - recommended approval BOS Review: 08/25/99 - approved Admin. Approved: 01/11/00 Lexington Court (MDP #04-99) Opequou 26 townhouse units & 3 urban single- family lots on 4.8635 ac. (RP) Location: Fairfax Pike (Rt. 277) Submitted: 07/14/99 PC Review: 12/15/99 - recommended approval BOS Review: 01/12/00 - approved Admin. Approved: Pending Oakdale III, Raven Pointe, Raven Oaks, Ravenwin (MDP #02-99) Shawnee 1 668 residential dwelling units on 247 1 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: Pending Applications Action Summary Printed January 19, 2000 SUBDIVISIONS: Commonwealth Business Center - Lot 4 (SUB #29-99) Back Creek Subd. of 2 lots: Lot 4A: 1.0000 ac. & Lot 4: 2.9346 ac. (B3 Location: On Commonwealth Dr., approx. 661' from intersection w/ Valley Pk. Submitted: 12/15/99 MDP #03-99 MDP approved by BOS 07/14/99; MDP admin. approved 07/19/99 Subd. Admin. Approved: Pending Ralph S. Gregory & Battlefield Partnership SUB #28-99) Back Creek 1 1 Subd. of 2 lots & boundary line ad"ustment; 14.1559 ac. 2) Location: Rt. 11 S. (650' north of Marathon Dr., & at end of Sulky Dr. Submitted: 12/01/99 Subd. Admin. Approved: MDP #001-92 MDP approved by BOS 4/8/92; Rev. MDP admin. approved 10/13/99 Subd. Admin. Approved: Pending Ft. Collier Industrial Park (Win- chester Pasta) (SUB #26-99) Stonewall Subdivision of 82.136 acres into two lots Lot 27A & Lot 27B (Ml) Location: SE end of Park Center Dr. (Rt. 1323), approx. 0.15 mi. SE of the Westbrooke Rd. (Rt. 1320) intersection Submitted: 10/13/99 MDP #004-91 MDP approved by BOS 10/09/91; MDP admim. approved 02/24/98 Subd. Admin. Approved: Pending Applications Action Summary Printed January 19, 2000 Adams Family Ltd. Pturshp. (SUB #25-99 Shawnee Subdivision of 26.45 acres into 2 lots (MI) Location: Airport Business Center, Parcel 4, Airport Road Submitted: 10/07/99 MDP #009-87 as revision of MDP was admin. approved 06/22/99 Subd. Admin. Approved: Pending Airport Parc Bldg. A (Airport Business Center) (SUB #23-99 Shawnee Subdivision of 64.2 ac. into 2 lots 1 w/ Flex Tech Overlay) Location: Intersection of Airport Road & Admiral Byrd Drive Submitted: 10/05/99 MDP #009-87 MDP approved by BOS 09/23/87; latest MDP revision administratively approved 06/22/99 Subd. Admin. Approved: Pending Prince Frederick Office Park, Phase It 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 January 19, 2000 Frank W. Nichols Property SUB #21-99 NO MDP Opequon Subdivision of 2 lots: Lot 1-14,742 s.f.; Lot 2 - 14,987 s.f. Location: 2390 northwest of the Montgomery Circle/ Fairfax Dr. intersection I Submitted: 09/27/99 PC Review: 10/20/99 - recommended approval w/ sidewalk exception BOS Review: 11/10/99 - approved w/ sidewalk exception Subd. Admin. Approved: Pending 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 Thomas A. & Helen S. Grove Subdivision (SUB #19-99) NO MDP Shawnee Subdivision of 5.958 acres into 2 lots (Ml) Location: South side of Airport Road (Rt. 645) Submitted: 08/06/99 PC Review: 09/01/99 - recommended approval BOS Review: 09/08/99 - approved Admin. Approved: Pending Applications Action Summary Printed January 19, 2000 Merriman's Chase (SUB #13-99) Back Creek Subdivision of 26.895 ac. into 48 single - I family residential lots P Location: W_ side of Merriman Ln. (Rt. 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 w/in 3 sections (RP Location: So.west corner of Tasker Rd. (Rt. 642) & White Oak Rd. (Rt. 636) Submitted: 02/18/99 MDP #004-98 (Tasker Rd. Lana Bays) 1 MDP approved by BOS 07/08/98; MDP approved admin. 09/04/98 Subd. Admin. Approved: Section 1 ap2roved 10/27/99; Sections 2 and 3 are pending Fort Collier - Lot 32 SUB #09-99) Stonewall Subdivision of 1 lot consisting of 4.7374 acres 1 Location: Property fronts the northwest corner of the intersection of Brooke Rd. (Rt. 1322) & West Brooke Rd. (Rt. 1320) Submitted: 01/29/99 MDP #004-91 MDP approved by BOS 10/09/91; admin. approved 11/22/91 Subd. Admin. Approved: Pending Applications Action Summary Printed January 19, 2000 Stonewall Industrial Pk. - Lot 32 SUB #06-99 Gainesboro Subdivision of 1 lot consisting of 5.4455 ac. 1) Location: Corner of Century Ln. (Rt_ 862) & Lenoir Dr. (F-732) Submitted: 01/27/99 MDP approved by BOS 07/08/98; MDP admin. approved 09/04/98 MDP #006-93 MDP approved by BOS 07/14/93; MDP admin. approved 07/28/93 Subd. Admin. Approved: Pending Canter Estates - Section I SUB #05-99 Shawnee Subdivision of 24.5524 ac. into 60 lots for sin le -family det. traditional homes Location: Northwest corner of intersection of White Oak Rd. (Rt. 636) & Macedonia Church Rd_ (Old Rt. 642) Submitted: 02/08/99 MDP #004-98 (Tasker Rd. Land Bays) MDP approved by BOS 07/08/98; MDP admin. approved 09/04/98 Subd. Admin. Approved: Pending Tybrooke, L.C. (SUB #03-99) NO MDP Gainesboro 2 Lots; Tl. Acreage 4.1277 (B2 & RA) Location: Front Royal Pk (Rt. 522) at Albin; 1 mile N. of Winch. B (Rt. 37) Submitted: 01/22/99 PC Review: 03/17/99 - recommended approval BOS Review: 04/12/99 - approved Subd. Admin. Approved: pending Applications Action Summary Printed January 19, 2000 Autumn Glen, Sect. I SUB #015-98) Opequon 21 lots - duplex & multiplex (52 1 dwellings) on 14.8 ac. Location: South side of Tasker Rd. (Rt. 642), 0.25 mi. East of Rt. 647 Submitted: 06/30/98 MDP#004-98 (Tasker Rd Land Bays) MDP approved by BOS 07/08/98; MDP Pending Admin. Approval Subd. Admin. A roved: Phase I approved on 11/04/98 for 21 dwellings Lenoir City Co. Lot 2; Stonewall Indust. Pk. SUB #007-9 Gainesboro Subdivision of a 2.6584 ac. lot (MI) Location: McGhee Rd. (Rt. 861); approx. 1,000' from Tyson Dr. intersection Submitted: 07/28/97 - MDP #006-93 Approved by BOS 07/14/93; Admin. Approved 07/28/93 Subd. Admin. Approved: Pendin Dominion Knolls (SUB #005-97) Stonewall 75 s.f. zero lot line lots on 20.278 ac. 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 pendin Winchester -Fred Co. IDC (SUB) FBack Creek 1 2 MI Lots (0.552 acres & 20.285 acres) Location: Southeast side of Development Lane Submitted: 09/08/95 MDP #003-87: Approved by BOS 07/08/87; Admin. Approved 06/08/88 rPendingAdmin. Approval Awaiting signed plats. Applications Action Summary Printed January 19, 2000 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 Harry Stim son SUB) O e uon Two B2 Lots Location: Town Run Lane Submitted: 09/23/94 PC Review: 10/19/94 - recommended approval BOS Review: 10/26/94 - approved Pending Admin. Approval: Awaiting signed plat. SITE PLANS: Applications Action Summary Printed January 19, 2000 Dawson Industrial Park SP #68-99) Back Creek Maintenance Shed; 6.95 ac. site to be developed (Ml) Location: Rt. 651 & Dawson Dr., just north of Rt. 37 Submitted: 12/16/99 Approved: Approved: 01/10/00 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: ndin Applications Action Summary 3 Printed January 19, 2000 10 WN203 Roadway/ Gap Run (Calvin Ritter prop.)_(SP #65-99) Gainesborocommercial _ telecommunications tower (RA) ` Location: Rt. 50W to last driveway before Mahlon Dr.; up drive to quarry site on right of hillside Submitted: 12/01/99 Approved: Lending WN206 Hi -Way (Round Hill Utd. Meth. Churchprop.) (SP #64-99) Gainesboro commercial telecommunications tower (RA) Location: Round Hill United Methodist Church property; 161 Trinity Ln. Submitted: 12/01/99 Approved: Pending WN202 North 522 (James L. Patton property) (SP #63-99 Gainesboro commercial telecommunications tower Location: James L. Patton property; 294 Footstone Ln. Submitted: 12/01/99 Approved: IF 01/13/00 ZM Sheetmetal, Inc. SP #62-99 Gainesboro 20,425 sq. ft. bldg. addition for warehouse/mfg, 1 Location: 260 Lenoir Drive, Stonewall Industrial Park Submitted: 11/29/99 Approved: 01/10/00 Applications Action Summary Printed January 19, 2000 11 Truck Parts Unlimited SP #59-99 Back Creek 3,000 s.f. addition to existing warehouse facility 2 Location: 1410 Valley Pike Submitted:/17/99 Submitted: Approved: 01/14/00 Lakeside Library (SP #56-99) Shawnee Library Complex; 5.40 ac. of a 16.0 ac. site to be developed Location: Macedonia Church Road Submitted: 10/29/99 Approved: Pending 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 Valley Rd. Submitted: 10/21/99 Approved: Pending Kraft Foods Wastewater Treatment Bldg. (SP #54-99 Stonewall 2,300 s.f. addition to existing mfg. facility; 20 -acre site (Ml) Location: 220 Park Center Drive Submitted: 10/12/99 Approved: Pending Applications Action Summary Printed January 19, 2000 1 12 Draft Foods Capri Sun 2000 (SP #52-99) Stonewall 8,727 s.f. addition to existing mfg. facilit ; 20.00 -acre parcel Ml Location: 220 Park Center Drive Submitted: 10/12/99 Approved: 01/11/00 Jim Wilson Warehouse #2 SP #49-99) Stonewall Reconstruct 30,000 s.f. warehouse bldg. On existing foundation Ml Location: Lenoir Drive Submitted: 08/31/99 Approved: Pending Irongate, Inc. (SP #48-99) Opequon Addit. to exist. steel fabrication shop; 0.25 ac. develop. on 1.438 ac. site (MI) 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 - 1 ac. parcel developed (RP) Location: S.E. corner of VaHey 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 (MI) Location: McGhee Road; Stonewall Industrial Park Submitted: 07/30/99 Approved: Pending Applications Action Summary Printed January 19, 2000 13 Shenandoah 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: Pending Fairfax Court (SP #38-99) Opequon Single-family & Multi -family Residential Use Location: Fairfax Pike (Rt. 277) Submitted: 07/14/99 Approved: Pending Appleland Sports Center, Inc. (SP #37-99 Back Creek Expansion of existing commercial recreation area; ) Location: 4490 Valley Pike Submitted: 07/14/99 Approved: Pending Kim & Marietta Walls (SP #34-99 Stonewall office (B2); 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 Applications Action Summary Printed January 19, 2000 14 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: P Pending T.P. & Susan Goodman (SP #044-98 Stonewall Hackwood/ Minor Site Plan (RA) Location: 534 Redbud Road Submitted: 06/10/98 Approved: Pending Southeast Container (SP #001-98) Stonewall District Parking Lot; 0.2 ac. Disturbed on a 89.6 ac. Site (Ml) Location: Ft. Collier Industrial Park Submitted: 01/06/98 Approved: Pending Agape Christian Fellowship Church Sanctuary (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: Pendin Applications Action Summary Printed January 19, 2000 15 Shenandoah Bldg. Supply Gainesboro Warehouse on 5 acres (MI) (SP #056-96) Location: 152 Fairfax Pk. (behind Red Apple Country Store) Submitted: Location: 195 Lenoir Drive (Stonewall Industrial Park) Submitted: 12/16/ 96 Approved: Pending Stimpson/Rt. 277 Oil & Lube Service (SP #030-96) Opequon l Oil & Lube Serv., Car Wash, Drive - 1 Thru on 2.97 ac. (112) Location: 152 Fairfax Pk. (behind Red Apple Country Store) Submitted: 07/03/96 Approved: 1P Pending AMOCO/House of Gifts (SP #022-96) Gainesboro Gas Pump Canopy 880 sq. ft. area of a 1 0.916 acre parcel (RA) Location: 3548 North Frederick Pike Submitted: 05/08/96 Approved: R Pending American Legion Post #021 (SP #018-96) Stonewall Addition to lodge building on 3.4255 1 acre site (112) Location: 1730 Berryville Pike Submitted: 04/10/96 Approved: Pending CONDITIONAL USE PERMITS: Edwin L. Lambert, Jr. (CUP #01-00) Stonewall Cottage Occupation - Contractor Location: 1521 Cedar Hill Road, Clearbrook Submitted: 12/27/99 PC Review: 02/02/00 BOS Review: 02/23/00 - tentatively scheduled Applications Action Summary Printed January 19, 2000 16 Winchester Motor Service - The Van Man (SP #30-99) Stonewall Public garage w/o body repair (RA) Location: 2372 Berryville Pike Submitted: 12/10/99 PC Review: 01/05/00 - recommended approval w/ conditions BOS Review: 01/26/00 John C. & Claire A. Bellingham (CUP #29-99) Back Creek Counseling Practice (RP) Location: 200 Crestwood Lane Submitted: 12/01/99 PC Review: 01/5/00 - recommended approval w/ conditions BOS Review: 01/26/00 Stuart M. Perry, Inc. (CUP #27-99) Back Creek Golf Course (RA) Location: 1052 Merrimans Lane Submitted: 10/29/99 PC Review: 12/01/99 - recommended approval w/ conditions BOS Review: 01/12/00 - approved w/ conditions Nanette M. McFarland (CUP #26-99) Back Creek Kennel (inside home) (RA) Location: 3782 Wardensville Grade Submitted: 10/28/99 PC Review: 12/01/99 - recommended approval w/ conditions BOS Review: 01/12/00 - approved w/ conditions Applications Action Summary Printed January 19, 2000 17 SBA, Inc. (Ricbard Miller Cooley Property) (CUP #03-99 Opequon 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 VARIANCES: Lawrence Coverstone Estate Stonewall 20' front yd. setbk var.; 35' side yd. (VAR #10-99) - setbk var.; & a var. to floor area re mts. applicable to access. dwellin s Location: So. side of High Banks Rd. (Rt. 660), bordering Opeq. Crk., approx. 1,900' west of the Rt. 660/664 intersection. Submitted: 11/23/99 BZA Review: 12/21/99 - rescheduled to 01/18/00; 01/18/00 -tabled the 20' front yd. setbk var. & 35' side yd. setbk var. until 02/15/00; and denied the var. to floor area requirements applicable to accessory dwellin s. Applications Action Summary Printed January 20, 2000 18 PC REVIEW: 02/02/00 BOS REVIEW: 02/23/00 CONDITIONAL USE PERMIT #01-00 EDWIN L. LAMBERT, JR. Cottage Occupation - Contractor LOCATION: This property is located at 1521 Cedar Hill Road. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 33-A-36 PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) District; Land Use: Residential ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) Districts; Land Use: Residential and Agricultural PROPOSED USE: Cottage Occupation - Contractor REVIEW EVALUATIONS: Virginia Dept. of Transportation: No objection to conditional use permit for this property. Existing entrance is adequate or 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 that is used for equipment storage or repair shall comply with the Virginia Uniform Statewide Building code and Section 311, Use Group S (Storage) of the BOCA National Building Code/1996. Other codes that apply are CABO Al 17.1-92, Accessible and Usable Building And Facilities. Please submit a floor plan of the existing building at the time of Change of Use building permit application. Fire Marshal: Vehicle storage only and one employee; no known significant hazard proposed at this time. Plan approval is recommended. Edwin Lambert, Jr. CUP #01-00 Page 2 January 21, 2000 Health Department: The application submitted to this office does not indicate a proposed use (item 8). On November 9, 1999, Planner Mark Cheran stated that the proposed use involves no actual business operation on the property and no employees occupying the premises. Therefore, this office has no objection since, according to the above, no sewage disposal facilities will be necessary to accommodate the proposed use. Sanitation Authority: No comment. Planning and Zoning: This proposed use would qualify as a cottage occupation; cottage occupations are permitted in the RA (Rural Areas) District with an approved Conditional Use Permit. This structure is a two -bay garage with an attached office from which the business activities are conducted. As previously noted, this property is zoned RA and the garage is situated 150 feet from adjoining properties. The property is surrounded by natural wooded buffers and screening which would mitigate any impacts on adjoining properties. Staff would recommend that the applicant be limited to having two (2) backhoes on the property. No outdoor storage of parts or equipment associated with the business shall be permitted. In accordance with cottage occupation requirements, the backhoes should be located wholly in the garage. Staff feels that based upon evaluation of the property and the limited scale of the proposed use, it appears that this business will not have any significant impact on the adjoining properties. STAFF CONCLUSIONS FOR THE 02-02-00 PLANNING COMMISSION MEETING: Staff recommends approval with the following conditions: All review agency comments shall be complied with at all times. 2. No more than two (2) backhoes shall be kept on the property. All equipment and storage associated with the business shall be kept wholly within the accessory structure; to include the backhoes. 4. No additional employees shall be permitted. Any proposed business sign shall conform to Cottage Occupation sign requirements; sign shall not exceed four (4) square feet. 6. Any change of use or expansion of the business will require a new Conditional Use Permit. CUP #01-00 PIN: 33-A-36 Edwin L. Lambert, Jr. Produced by Frederick County Planning and Development, 01-20-00 Submittal Deadline p✓C %f� %S�� P/C, Meeting SOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (The applicant if the X owner other) NAME: EDWIN L. LAM -R ERT JR- ADDRESS: R_ADDRESS: 1521 Ceder Hill Rd. Clegxbrook, Va. 22624 TELEPHONE 540-722-2663 2. Please list all owners, occupants, or parties in interest of the property: Edwin L. Lambert Jr. Angela D, Lambert, Mike Russell, Betty Russell. 3. The property is located at: (please give exact directions and include the route number of your road or street) Property located 1 mile west on Ceder Hill Rd. (RT -671) from Rt. # 11 North. 4. The property has a road frontage of feet and a depth of feet and consists of 37.5 acres. (Please be exact) 5. The property is owned by Edwin & Angela Lambert Jr. as evidenced by deed from M; rofi h bk865p_a0216 recorded (previous owner) in deed book no. �4— on page 112 • , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 33-4--3,6 6. 14 -Digit Property Identification Magisterial District Stonewall District Current Zoning A.. ure resident ., 7. Adjoining Property: USE ZONING North Farm land ag/residental East resident South FARM LAND West Residental a. The type of use proposed is (consult with the Planning Dept. before completing) G&r7A-6 1"'-e 9. It is proposed that the following buildings will be constructed: N/A use existing garage. 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 SYSAN WELDON ADDRESS 14610EDER HILL RD.CLERRBRO 22624 PROPERTY ID# 33A-37 NAME Willy C. Brown Jr. ADDRESS P.OBox 276 Clearbrook tra 22 PROPERTY ID# 33A -37A NAME Kenneth M. Burks Sr. PROPERTY ID# 33a -37B NAME Willy C. Brown Jr. PROPERTY ID# 33A -37C NAME Willy C. Brown Jr. PROPERTY ID# 33A- 38 ADDRESS100 Butter Nut Dr. Stephen C Va. 22655 ADDRESS Box 276 Clearbrook Va. 2262 ADDRESSPO Box 276 Clearbrook Va. NAME Slyvia Kerr ADDRESS 160 Brown Land Clearbrook V PROPERTY ID# 33A- 40 NAME Regina Posey ADDRESS5469 Randolph Circle NW. Apt Bowling AFB. D.C. PROPERTY ID# 33A- 41 NAME Fred & Louise Rolle ADDRESS321 Liberty AVP_ wlnrh PRhPr PROPERTY ID# .33A-42 NAMERobert & Virginia Stern ADDRESS174 Brown T,a_ ClParhnnnk Va. PROPERTY ID# 33A -42A 22624 NAME John Westley Me. . Church ADDRESS 1 7 l�T. las- awi n St. _ Wi ncbestAr PROPERTY ID# 33A-43 NAME Eliza Brown ADDRESS P.O.Box 63 White post Va= PROPERTY ID# 33A-44 22683 NAME Lawrence & Etals Dokes ADDRESS -P-0-Box # 46 Bunker Tiiii wv. 25413 PROPERTY ID# 33A-46 NAME Mae L. Dokes ADDRESS4 Hampton Terr. White Plains PROPERTY ID# 33A-47 N.Y. 10607 NAME ADDRESS PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# ADDRESS ADDRESS NAME ADDRESS PROPERTY ID# NAME J ADDRESS PROPERTY ID# NAME PROPERTY IDI fk". -VI-IA PROPERTY ID# NAME PROPERTY ID# ADDRESS ADDRESS ADDRESS 11. Please use this page for your sketch of the property. Show proposed and/or existing structures on the property, including measurements to all property lines. 1.2. 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. (,5316> TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: TO: Frederick County Planning Commission FROM: Evan A. Wyatt, Deputy Director u COUNTY of FREDE J CK Department of Planning nad 1)cvclopmenit 'z• RE: 2000-2001 Capital Improvements Plan Public Hearing DATE: January 21, 2000 540/665-5651 FAX: 540/673-0632 The Comprehensive Plans and Programs Subcommittee (CPPS) has forwarded the 2000-2001 Capital Improvement Plan (CIP) to the Planning Commission for approval. The CPPS evaluated new project requests provided by the Frederick County School Board, the Regional Airport Authority, and the Frederick County Parks and Recreation Department. Following this evaluation, the CPPS modified the project rankings and financial data accordingly. The CPPS directed staff to prepare the final CIP document for discussion and public hearings by the Planning Commission and the Board of Supervisors. The 2000-2001 Cl? was presented for discussion during the January 5, 2000 Planning Commission meeting and during the January 12, 2000 Board of Supervisors meeting. Based on questions raised during the Planning Commission discussion, it was determined that land acquisition was not part of the cost for the Frederick County Public School Transportation -Maintenance -Central Warehouse facility, and the Winchester Regional Airport was not enabled to establish a capital fund for facilities development. Discussion by the Board of Supervisors confirmed the appropriateness of project priorities; however, additional information regarding project cost estimates was requested. Please find included with this agenda item a summary of the CIP, tables for new project requests and project modification requests, the recommended 2000-2001 Frederick County CIP, and a pie chart depicting the departmental percentages based on the proposed requests. Staff asks that the Planning Commission conduct a public hearing for the update of the 2000-2001 CIP and forward a recommendation to the Board of Supervisors for final approval. U:TvanTommonTIP\2000-2001 CIPPubhcHeaongPC.wpd 107 North Kent Street o Winchester, Vir-inia 22601-5060 CIP SUMMARY - NEW PROJECT REQUESTS AND PROTECT MODIIF'ICATION REQTfE.STS 2000-2001 CAPITAL IMPROVEMENTS PLAN SUMMARY • 28 projects submitted by five departments or agencies. • Total project costs estimated at $71,825,263. • Total debt service estimated at $34,761,405. • Total County costs for capital projects estimated at $106,586,668. • Cost estimates for the Public Safety Center; Field House/Indoor Pool; NREP Addition; and Annex Facilities for the Treasurer's Office, Commissioner of Revenue's Office, and the Sheriffs Office have not been determined at this time. Winchester Re 'nal ort .. Project Type of Request 1999 Local 2000 Local Difference in FY Expenditure Expenditure Local Request Request Expenditure Request Rt. 645 Modification $30,000 $420,000 +$390,000 Construction Airfield Lighting New N/A $15,000 \ +$15,000 Airfield New N/A $210,000 +$210,000 Maintenance Building t i�Cti141f l QUII YUD11C Z1C11OO1S Project Type of Request 1999 Local 2000 Local Project Type of Request 1999 Local 2000 Local Difference in FY Local Expenditure Expenditure Local Expenditure Request Request Expenditure Request Transportation/ Modification N/A Request Sherando Park Modification $688,847 $917,812 +$228,965 Baseball Complex Central Renovation Warehouse New Regional New N/A $2,000,000 + $2,000,000 Park Land Middle School Acquisition In Renovations Eastern Frederick Middle School New N/A $1,577,000 County Site Acquisition t i�Cti141f l QUII YUD11C Z1C11OO1S Project Type of Request 1999 Local 2000 Local Difference in FY Expenditure Expenditure Local Request Request Expenditure Request Transportation/ Modification N/A $14,408,475 + $14,408,475 Maintenance/ Central Warehouse James Wood Modification N/A $4,029,050 + $4,029,050 Middle School Renovations Middle School New N/A $1,577,000 + $1,577,000 Site Acquisition FREDERICK COUNTY, VIRGINIA CAPITAL IMPROVEMENTS PLAN 2000-2001 2000-2001 Capital Improvements Plan Departmental Share of Requested Capital Projects Capital Improvements Plan Departmental Project Costs County Administration $ 755,000 Regional Airport Yi Handley Library $ 4,316,253 Parks and Recreation $ 7,959,010 Public Schools Capital Improvements Plan Departmental Project Costs County Administration $ 755,000 Regional Airport $ 645,000 Handley Library $ 4,316,253 Parks and Recreation $ 7,959,010 Public Schools $ 92,911,405 TOTAL: $ 106,586,668 COUNTY of FREDERICK Departmeui of Planning and Development 540/655-5651 FAX: 540/678-0632 TO: Frederick County Planning Commission FROM: Evan A. Wyatt, Deputy Director c 0 RE: Northeastern Land Use Study Public Information Meetings DATE: January 20, 2000 The Comprehensive Plans and Programs Subcommittee (CPPS) conducted two visioning meetings at Stonewall Elementary School on January 13, 2000 and January 18, 2000. The goal for these meetings was to provide educational opportunities, demonstrate- the benefits of guiding land use decisions through an adopted land use plan, and identify issues that were of importance to the meeting participants. The attendance for both meetings involved 144 -participants, not including county officials, subcommittee members, staff, and the news media. The CPPS dedicated approximately half of each meeting to conduct a visioning session with the meeting participants. This involved issues identification by the participants, followed by a rating of the three most significant issues by those who chose to vote. The CPPS also provided the participants with a comment sheet and a self-addressed, metered envelope to solicit input. The information within this agenda item is intended to advise the Planning Commission of the issues that were identified by the meeting participants, the results of the voting for these issues, and the comments received by staff to date. U:\Evan\Common\CompPlan\Studies\Northeast Land Use Study\lssuesIdentificationPromJanuaryPubhclnformationMeeting-PCMemo.wpd 107 North Kent Street • Winchester, Virginia 22501-500 NORTHEASTERN LAND USE STUDY 133u�S 1DEi�T 11 '�1�A 1 �iOrvT The following issues were identified during the January 13, 2000 and January 18, 2000 public information meetings held at Stonewall Elementary School. The number in the parentheses represents the number of votes for each issue as rated by the meeting participants. Transportation • Ensure adequate Level of Service (LOS) of road systems prior to development activity, (20) • Identify the need and location of new roads. (2) • Identify improvement needs of existing roads such as widening and hard surfacing. (1) • Identify impact of 1-81 widening on local road capacities. (1) • Need to link types and intensities of development activities to existing road capacities. Land Use • Adopt policies that prohibit or slow growth within the study area. (50) • Develop policies for balanced sustainable growth and quality development, primarily along main corridors. (20) • Determine if it is appropriate to extend the SWSA. (6) • Identify areas to expand existing or locate new public uses. (6) • Identify appropriate quality design standards for future development within the study area. (2) • Determine if the Rural Community Centers should be placed within the SWSA. • Determine if the UDA should be extended into the study area. • Identify and attract high-tech land uses. InLrastructure • Determine if sewer should be extended to areas where water service is already available. (11) • Increase proffer amounts received from developers. (4) • Ensure that adequate capacities exist for infrastructure before development occurs. (1) • Identify areas where water and sewer should be available from the FCSA. (1) • Determine appropriate types of sewer and water systems to serve various requirements such as community centers and businesses. • Identify possible routes for sewer and water lines. • Determine if policies should be developed which would prohibit private treatment facilities from discharging into intermittent streams. (12) • Identify areas for agricultural or open space preservation. (3) • Initiate policies to purchase development rights for desired areas. (2) Historic No issues identified. Other • Identify proposed and pending development applications and disclose information to impacted property owners within close proximity of the activity. (10) • Identify and clarify a mission statement for the land use study. (2) U:\Evan\Common\CompPlan\Studies\Nortbeast Land Use Study\lssuesldentificationitemsFromlanuaryPubficlnformationMeetings.wpd i NORTHEASTERN LAND USE STUDY COMMENT SKEET The following information reflects the comments received by the Planning Department at this time. This document will be modified accordingly as additional comment sheets are received. ' Do you agree with the land use study area boundary limits, or do you believe that the boundary should be adjusted? If so, please explain. The study area boundary limits are reasonable and justifiable. (4) What land uses do you feel are appropriate for the study area? Are there specific locations within the study area in which you would envision these land uses occurring? Water and sewer service needs to be extended to the Brucetown and Stephenson Community Centers. Commercial and industrial land uses situated along the Route 11 corridor from Clearbrook to the West Virginia line, bounded by Interstate 81 to the west and the Winchester and Western Railroad to the east. (2) In order of priority, what issues do you feel are important to address in the development of a land use plan for this study area? • Provide adequate services; Develop road systems to support land use; Identify proposed and/or pending development proposals. • Develop a slow growth policy to keep the general area in agriculture and forest; Carefully reevaluate the need and purpose of the Route 37 By-pass from Route 7 to Interstate 81. • Ensuring that the rights of landowners who have properties in the appropriate location for development are recognized and protected during rezoning and development processes; Extending the Sewer and Water Service Area (SWSA) to appropriate development locations. • Sewer; Sewer; Sewer - the rest will take care of itself. Other comments? Develop the present study area (Route 11 North Land Use Plan) before expanding it. Enough studies, get on with progress. (2) The public in general needs to be reassured that the county is sincere in their intentions in planning proper land use for this area. Please be advised that the Stonewall Sewer Line Organization Committee has a preliminary study in hand that may be of assistance to the county. U:\Evan\Common\CompPlan\Studies\Northeast Land Use Study\CommentSheetResultsFromJmuaryPuhliclufocmationMeetings.wpd NINE - STILLWELL ORPORATION 720 N. LOUDOUN STREET, P.O. BOX 2035, WINCHESTER, VIRGINIA 22604 OFFICE 540-662-4441 FAX 540-722-3643 January 18, 2000 MEMO TO: Frederick County Comprehensive Plans and Programs FROM: James D_ Stillwell, et -al High Banks Farm, 423. High Banks Rd., Stephenson, VA RE: Land Use Study - NE Frederick County We support the effort to prepare a plan for the area and would suggest the following be considered in the pian: 1. Reduce Taxes - For property owners who want to leave their land undeveloped - don't force development by increased taxation. 2. Sav BaQdr, Sites, Roads and Facilities, at all costs. Stop "building torn down for a parking lot". 3. Concentrate Development - of commercial/industrial and residential to limited, more dense areas so open land can be preserved, therefore, allowing for a moderate -average density growth, but restricted to specific areas, leaving open underdeveloped land elsewhere. 4. Provide Water, Sewer and Roads - to the designated development areas to help facilitate development in the assigned areas - again, the pian is to keep as much open, undeveloped land as possible, while providing adequate growth. 5. Establish New Design Standards - for the beautification of commercial/industrial areas to avoid the ugliness that now exists. 6. Rt. 37 - Try to integrate the Rt. 37 by-pass with Rt. 7, therefore avoiding the disruption of constructing a new road. We need the by-pass, but expand Rt. 7 as the eastern connector. James 1J. StilIwell, owner ROOFING - GUTTER WORK - SHEET METAL FABRICATION Editorial Key: Text presently in Zoning Ordinance Proposn Article IV Supplementary Use Regulations § 165-24. Height limitations; exceptions. [Amended 4-10-1991] A. No structure shall exceed the height limitations described in this chapter. B. Exceptions to height requirements. (1) The maximum height requirements shall not apply to the following: (a) Barns and silos. (b) Belfries. (c) Bulkheads. (d) Chimneys. (e) Church spires and towers. (f) Flagpoles. (g) Monuments. (h) Domes and skylights. (i) Masts and aerials. (j) Radio and television transmission towers and commercial telecommunication facilities. [Amended 4-9-1997] (k) Smokestacks and cooling towers. (1) Utility poles and towers. (m) Water tanks § 165-24 ZONING § 165-25 (n) Windmills (2) Parapet walls may be up to four (4) feet above the height of the building on which the walls rest. (3) Solar collectors, air conditioners and other mechanical equipment may exceed the height limitations if they are screened from the public view of surrounding properties and rights-of-way. (4) Automated storage facilities in the M1 and M2 Zoning Districts shall be exempt from the maximum height requirement. This exemption shall be granted only when the facility is provided with full sprinkling for fire protection according to the specifications of applicable codes. Such exemptions shall be approved by the Frederick County Fire Marshal. In no case shall the height of these facilities exceed one hundred (100) feet in height. (5) (6) O:\Agenda \Amendments\HeightLimitations.wpd All of the above exceptions shall be allowed only if they accomplish the purpose for which they are intended, if they are not intended for human occupancy and if they do not infringe on the solar access of surrounding properties. If any of the above exceptions exceed the height limitation of the proposed zoning district, the structure shall be required to be set back the normal setback plus one (1) foot for every foot over the maximum allowed height of that zoning district. (Added 6-9-1993] Resolution of Appreciation Honoring Terry E. Stone WHEREAS, Terry E. Stone served as a member of the Frederick County Planning Commission from the date of his appointment by the Frederick County Board of Supervisors on March 29, 1994, until the expiration of his latest term on January 10, 2000; and, WHEREAS, during the period of his membership on the Commission, Terry E. Stone served dutifully, demonstrating both great insight into the issues which faced the Commission, and a keen sense of dedication to the betterment of his community; and, WHEREAS, the current members of the Planning Commission wish to express their gratitude to Terry E. Stone, and recognize his many years of faithful service, NOW, THEREFORE, BE IT RESOLVED, that on this 2nd day of February 2000, the Frederick County Planning Commission does hereby officially express its sincere thanks to Terry E. Stone for his commitment to sound planning, his tireless participation in activities of the Planning Commission and its various subcommittees, and his overall dedication to the County of Frederick. Charles S. DeHaven, Jr., Chairman Stonewall District S. Blaine Wilson Shawnee District Robert A. Morris Shawnee District Richard C. Ours Opequon District Greg L. Unger Back Creek District Gene E. Fisher Member -at -Large John R. Marker, Vice Chairman Back Creek District Roger L. Thomas Opequon District John H. Light Stonewall District W. Wayne Miller Gainesboro District George J. Kriz Gainesboro District Resolution of Appreciation Honoring Marjorie H. Copenhaver WHEREAS, Marjorie H. Copenhaver served as a member of the Frederick County Planning Commission from the date of her appointment by the Frederick County Board of Supervisors on August 24, 1983 until the expiration of her latest term on January 10, 2000; and, WHEREAS, during the period of her membership on the Commission, Marjorie H. Copenhaver served dutifully, demonstrating both great insight into the issues which faced the Commission, and a keen sense of dedication to the betterment of her community; and, WHEREAS, the current members of the Planning Commission wish to express their gratitude to Marjorie H. Copenhaver, and recognize her many years of faithful service, NOW, THEREFORE, BE IT RESOLVED, that on this 2nd day of February 2000, the Frederick County Planning Commission does hereby officially express its sincere thanks to Marjorie H. Copenhaver for her commitment to sound planning, her tireless participation in activities of the Planning Commission and its various subcommittees, and her overall dedication to the County of Frederick. Charles S. DeHaven, Jr., Chairman Stonewall District S. Blaine Wilson Shawnee District Robert A. Morris Shawnee District Richard C. Ours Opequon District Greg L. Unger Back Creek District John R. Marker, Vice Chairman Back Creek District Gene E. Fisher Member -at -Large Roger L. Thomas Opequon District John H. Light Stonewall District W. Wayne Miller Gainesboro District George J. Kriz Gainesboro District Resolution of Appreciation Honoring George L. Romine WHEREAS, George L. Romine served as a member of the Frederick County Planning Commission from the date of his appointment by the Frederick County Board of Supervisors on April 1, 1981, until the expiration of his latest term on January 10, 2000; and, WHEREAS, during the period of his membership on the Commission, George L. Romine served dutifully, demonstrating both great insight into the issues which faced the Commission, and a keen sense of dedication to the betterment of his community; and, WHEREAS, the current members of the Planning Commission wish to express their gratitude to George L. Romine, and recognize his many years of faithful service, NOW, THEREFORE, BE IT RESOLVED, that on this 2nd day of February 2000, the Frederick County Planning Commission does hereby officially express its sincere thanks to George L. Romine for his commitment to sound planning, his tireless participation in activities of the Planning Commission and its various subcommittees, and his overall dedication to the County of Frederick. Charles S. DeHaven, Jr., Chairman Stonewall District S. Blaine Wilson Shawnee District Robert A. Morris Shawnee District Richard C. Ours Opequon District Greg L. Unger Back Creek District John R. Marker, Vice Chairman Back Creek District Gene E. Fisher Roger L. Thomas Opequon District John H. Light Stonewall District W. Wayne Miller Gainesboro District George J. Kriz Gainesboro District