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HomeMy WebLinkAboutPC 06-07-00 Meeting AgendaAGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia JUNE 7, 2000 7:00 P.M. CALL TO ORDER TAB 1) April 19, 2000 and May 3, 2000 Minutes .................................. A 2) Committee Reports ............................................... (no tab) 3) Citizen Comments.................................................(no tab) PUBLIC HEARING 4) Conditional Use Permit #08-00 for Merrill K. Hausenfluck to operate a Cottage Occupation for Woodworking/Auctioneering. This property is located at 669 Salem Church Road and is identified with Property Identification Numbers 85-A-120 and 85 -A - 120A in the Opequon Magisterial District. (Ms.Lohr)........................................................... B 5) Conditional Use Permit #09-00 for Willard and Joyce Umbenour to operate a Cottage Occupation for television repair service. This property is located at 160 Grasshopper Lane and is identified with Property Identification Number 34 -A -25A in the Stonewall Magisterial District. (Mr.Cheran)......................................................... C PUBLIC MEETING 6) OTAN (Outreach to Asia Nationals) Site Plan Review (per condition #2 of Conditional Use Permit # 19-99) for a humanitarian aid organizational office. This property is located at 261 Bethany Hill Drive and is identified with Property Identification Number 30-7-10 in the Gainesboro Magisterial District. (Mr. Cheran) ... ......................................................D 7) Request for a Waiver of the Requirements of Section 144-25. B., Utilities and Easements, of the Subdivision Ordinance by Dawson Investments. The property is located at 150 Dawson Drive in the Dawson Industrial Park and is identified with Property Identification Number 63-8-2 in the Back Creek Magisterial District. (Ms.Lohr).........................................................E 8) Subdivision #06-00 of Alex D. Simpson, to create two lots from a 10.5 -acre tract of land. This property is located in Shawneeland (Emerald Lake Tract) and is identified with Property Identification Number 49A2 -3-19B in the Back Creek Magisterial District. (Mr. Ruddy) ................................................... ....F DISCUSSION ITEMS 9) Discussion on Route 522 Relocation (Ms.Lohr)......................................................... G 10) Discussion on Proposed Amendments to R5 (Residential Recreational Community) (Mr. Ruddy)......................................................... H 11) 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 April 19, 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: Evan A. Wyatt, Deputy Planning Director; Christopher M. Mohn, Planner H; and Renee' S. Arlotta, Clerk. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. COMMITTEE REPORTS Comprehensive Plans & Programs Subcommittee (CPPS) - 04/10/00 Mtg. Commissioner Robert M. Morris, subcommittee member, reportedthatthe CPPS is continuing discussions regarding the Northeastern Land Use Study and is preparing for a worksession with the Planning Commission and the Board of Supervisors. He added that a couple new citizen members have been added to the subcommittee. Sanitation Authority (SA) Commissioner W. Wayne Miller, Planning Commission liaison to the SA, reported that the SA is doing everything possible to enable them to extract water from the quarries. Commissioner Miller said Frederick County Planning Commission Minutes of April 19, 2000 Page 507 -2 - that the quarries have not been regenerating as well as what was hoped and that the County is still basically under the effects of last summer's drought. Winchester City Planning Commission (WPC) Commissioner Richard C. Ours, the Planning Commission's liaison to the WPC, reported that the WPC recommended approval to the City Council of a text amendment to add government warehousing, storage, and facilities in the EIP (Education, Institutional, & Public) District. Economic Development Commission (EDC) Commissioner Roger L. Thomas, the Planning Commission's liaison to the EDC, reported that the Commission would like Frederick County to take another look at its sign ordinance. He said that the EDC would like the ordinance to be a little more stringent. PUBLIC HEARING An amendment to the Frederick County Code, Chapter 165, Zoning, Article IV, Supplemental Use Regulations, and Article X, Business and industrial Districts, Section 165-82.11, B2 (Business General) District. The proposed amendment allows Advertising Specialties - Wholesale uses (SIC #5199) in the B2 (Business General) Zoning District and establishes performance standards applicable to the same. Action - Recommended Approval Mr. Christopher M. Mohn, Planner II, stated that a request had been submitted by Mr. Ralph Beeman of Greenway Engineering, on behalf of TIC Enterprises (Signet Screen Services & Embroidery) to amend the Zoning Ordinance to permit Advertising Specialties - Wholesale (SIC #5199) uses in the B2 (Business General) Zoning District. Mr. Mohn reported that the Development Review & Regulations Subcommittee (DRRS) recommended approval of the amendment at their February 23, 2000 meeting and further recommended that performance standards be adopted to ensure that the scale and operation of such uses would remain consistent with the intent of the B2 District. Mr. Mohn explained that establishments classified as Advertising Specialties - Wholesale may involve an array of advertising -related activities, including custom embroidery, custom textile printing, and the coordination of orders for advertising specialties for local clients through outside suppliers. As endorsed by the DRRS, Mr. Mohn said that such uses would be subject to the following performance standards: 1) Establishments engaged in such businesses shall not exceed 10,000 square feet oftotal floor area; 2) Only 25% Frederick County Planning Commission Minutes of April 19, 2000 Page 508 -3 - of the total floor area of a shopping center shall contain such businesses; and, 3) Such businesses shall not have outdoor storage. Mr. Claus Bader of Greenway Engineering, on behalf of TJC Enterprises, was available to answer questions from the Commission. There were no citizen comments regarding the amendment. No issues of concern were raised by the Commission and members were in favor of the amendment as written. Upon motion made by Mr. Marker and seconded by Mr. Miller, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of an amendment to the Frederick County Code, Chapter 165, Zoning, Article IV, Supplemental Use Regulations, and Article X, Business and Industrial Districts, Section 165-82.13, B2 (Business General) District to allow Advertising Specialties - Wholesale Uses (SIC #5199) with applicable performance standards. DISCUSSION ITEMS Woodlands Waiver Request by Eastgate Commerce Center to obtain a waiver from Section 165-31B, Environmental Features Disturbance, to allow for additional disturbance ofexisting woodlands. Eastgate Commerce Center is located on the west side of Front Royal Pike (Rt. 522 South), and along both sides of Tasker Road (Rt. 642) in the Shawnee Magisterial District. Action - Recommended Approval w/ Stipulation Mr. Evan A. Wyatt, Deputy Planning Director, stated that Mr. Charles E. Maddox, Jr., P.E., Vice -President of G. W. Clifford & Associates, Inc., on behalf of Eastgate Properties, Inc., has requested a woodland disturbance waiver as permitted under Section 165-31B(7) of the Frederick County Zoning Ordinance. Mr. Wyatt explained that the ordinance currently allows for the disturbance of 25% of the total woodland area on a specific parcel or within the total acreage of a master planned area; however, Eastgate properties is requesting a waiver to allow for the disturbance of up to 55%, or 21 acres, of the total woodland area within the Eastgate Commerce Center. Mr. Charles E. Maddox, Jr., P.E., pointed out on an exhibit the 38 acres of woodland throughout the commercial and industrial park and the location of 17 acres of woodland that would remain undisturbed, if the waiver was granted. Mr. Maddox indicated that the Eastgate Commerce Center has proposed, in order to ensure that additional disturbance will not occur, the establishment of an environmental corridor easement for the remaining 17 acres of woodlands. He noted that the environmental corridor easement is identified with a legal survey description which will be incorporated on the master development plan and on all subdivision plats that are established within the Eastgate Commerce Center. This easement preserves the environmental features by restricting any disturbance within the surveyed area. Frederick County Planning Commission Minutes of April 19, 2000 Page 509 -4 - The Planning Commission recognized the need to support this request to ensure that master planned industrial land was not unreasonably restricted for development purposes; however, it was felt that woodland preservation should occur along the southwestern boundary line to protect the adjoining property owner. The applicant advised the Planning Commission that they would revise the plan and the environmental corridor easement to provide for a 25 -foot strip of protected woodland area along the southwestern boundary line. The Planning Commission supported that concept and recommended unanimous approval of this waiver request. Upon motion made by Mr. Thomas and seconded by Mr. Ours, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the woodlands waiver request, by Eastgate Commerce Center, from Section 165-31B, Environmental Features Disturbance, to allow for additional disturbance of existing woodlands, with the stipulation that a 25 -foot woodlands border remain along the southwestern boundary line. ADJOURNMENT unanimous vote. No further business remained to be discussed and the meeting adjourned at 7:45 p.m. by Respectfully submitted, Kris C. Tierney, Secretary Charles S. DeHaven, Jr., Chairman Frederick County Planning Commission Minutes of April 19, 2000 Page 510 • C� • 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 May 3, 2000. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; John R Marker, Vice-Chairman/Back Creek District; Gregory L. Unger, Back Creek District; Roger L. Thomas, Opequon District; Robert A. Morris, Shawnee District; John H. Light, Stonewall District; W. Wayne Miller, Gainesboro District; George J. Kriz, Gainesboro District; Gene E. Fisher, Citizen at Large; Sidney A. Reyes, Board Liaison; Vincent DiBenedetto, Winchester City Liaison and Jay Cook, Legal Counsel. ABSENT: Richard C. Ours, Opequon District; S. Blaine Wilson, Shawnee District STAFF PRESENT: Kris C. Tierney, Planning Director/Secretary; Michael T. Ruddy, Zoning Administrator; Amy M. Lohr, Planner II; and Renee' S. Arlotta, Clerk. CALL TO ORDER Chairma*i DeHaven called the meeting to order at 7:00 p.m. MEETING MINUTES - APRIL 5, 2000 Upon motion made by Mr. Marker and seconded by Mr. Thomas, the minutes ofApril 5, 2000 were unanimously approved as presented. COMMITTEE REPORTS Development Review & Regulations Subcommittee (DRRS) - 04/27/00 Mtg. Mr. Roger L. Thomas, Subcommittee member, reported that a short discussion centered on loading docks and the item was referred back to the staff for additional changes. He said that the majority of the meeting was spent discussing the R5 Ordinance and potential changes for including age -restricted Frederick County Planning Commission Minutes of May 3, 2000 Page 511 -2- communities. Mr. Thomas said that another meeting will be held on the 17`}' of May at 7:30 p.m. to discuss this same topic. PUBLIC HEARING Conditional Use Permit #07-00 of Gerald Stratford and Patti Burge for a Cottage Occupation/ Antique Storage and Preparation. This property is located at 1196 Hites Road and is identified with P.I.N. 84-A- 31 in the Back Creek Magisterial District. Action - Recommended Approval with Conditions Ms. Amy M. Lohr, Planner II, read the background information and review agency comments. Ms. Lohr stated that the application is a request to allow a cottage occupation within an accessory structure; specifically, it will allow the applicants to store their collection of antiques in an existing out -building. She explained that minimal work such as cleaning and dusting will be performed, there will be no excessive noise or odor associated with the operation, and there will be no retail element on the site. She added that occasionally, a large moving van or truck would be utilized to transport items to antique shows and auctions. Members of the Commission inquired if any type of chemicals would be used in the cleaning and preparation process. Mr. Gerald Stratford, one of the applicants, stated that at times he might use turpentine to remove built-up wax or occasionally, an existing finish would need to be removed. Mr. Stratford said that he would not be using any dipping tanks; everything will be hand -applied. Mr. Stratford had no problems with the conditions of his permit. There were no citizen comments. Based on the limited scale of the proposed operation, the Planning Commission believed the business could operate without significant impact on the adjoining properties. Upon motion made by Mr. Marker and seconded by Mr. Kriz, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #07-00 of Gerald Stratford and Patti Burge for a Cottage Occupation/ Antique Storage and Preparation at 1196 Hites Road with the following conditions: All review agency comments shall be complied with at all times. 2. All storage and preparation work shall be accomplished inside a completely enclosed structure. Any expansion of the approved cottage occupation shall require a new conditional use permit. Frederick County Planning Commission Minutes of May 3, 2000 Page 512 -3 - PUBLIC MEETING Subdivision Application #04-00 of Dawson and Robann Riggleman for the subdivision of a 9.570 -acre tract into three lots. This parcel is located at 1187 Longcroft Road and is identified with P.I.N. 64-A-44 in the Shawnee Magisterial District. Action - Recommended Approval Mr. Michael T. Ruddy, Zoning Administrator, read the background information and review agency comments. Mr. Ruddy said that the application proposes a three -lot subdivision. He stated that two of the proposed lots, Lot 1 and Lot 2, comply with the dimensional requirements of the single family detached traditional housing type, in particular, the minimum lot size of 15,000 square feet. He said that Lot 3 generally meets the requirements of the single family rural traditional housing type, however, it is not on public water and sewer and it contains an existing residence. Mr. Ruddy added that all the lots have frontage onto Longcroft Road, however, a private driveway between Lots 48 and 49 of the Bufflick Heights subdivision also provides access to the residence located on Lot 3. Mr. Michael Artz, of Artz & Associates, was representing the applicants. There were no citizen comments. No issues of concern were raised by the Planning Commission and they believed the subdivision satisfied the requirements of the Subdivision Ordinance. Upon motion made by Mr. Morris and seconded by Mr. Light, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Subdivision Application #04-00 of Dawson and Robann Riggleman for the subdivision of 9.570 - acre tract into three lots, contingent upon the applicants satisfying all of the reviewing agencies' continents. A request for a waiver of the minimum driveway spacing requirement on primary and arterial highways, Section 165-29.A.(4), Motor Vehicle Access, of the Frederick County Zoning Ordinance, submitted by Painter -Lewis, P.L.C., on behalf of the Trez Company for Office Building One. Action - Approved Ms. Amy M. Lohr, Planner Il, stated that the Planning Commission has received a request from Mr. John Lewis of Painter -Lewis, P.L.C., on behalf of the Trex Company, for a waiver of the minimum driveway spacing requirement on primary and arterial highways, Section 165-29.A. (4), Motor Vehicle Access, of the Frederick County Zoning Ordinance, Ms. Lohr explained that the ordinance specifies that new driveways be placed 200 feet from existing driveways and intersections on roads with a posted speed limit in Frederick County Planning Commission Minutes of May 3, 2000 Page 513 -4 - excess of 35 m.p.h. and North Frederick Pike (Route 522 North) is classified as a primary road on the County's Eastern Road Plan. She added that this section of North Frederick Pike has a speed limit of 45 m.p.h., therefore, a minimum spacing of 200 feet is required between the proposed Trex entrance and existing driveways. Ms. Lohr stated that the proposed Trex entrance is approximately 91 feet from a residential driveway to the south; hence, it is necessary to determine if a waiver of the minimum spacing requirement is acceptable. Mr. John C. Lewis, P.E., C.L.A. of Painter -Lewis, P.L.C., the consulting engineers representing the Trex Company, stated that the proposed Trex driveway has been aligned with the principal entrance to Sunnyside Plaza and provides the most efficient and safe means of access to and from the site. Mr. Lewis said that the limited median crossovers on this portion of North Frederick Pike make the driveway location a logical choice and, in addition, locating the proposed driveway further north would create excessive U-turns from the existing crossover. He added that the existing residential entrance is not in a good location and the plans are to make some modifications to the median to allow a left turn lane southbound. He said they will modify the nose of the median to allow a left turn southbound into the site. In addition, they will add a right turn lane northbound. Mr. Lewis stated that VDOT has requested that the owner bond for a traffic light. He didn't believe the traffic light would be warranted with this particular development, but as the remainder of the nine acres develops, a light may be necessary at the intersection. Commissioner Thomas pointed out that the existing residential entrance is 91 feet south from the proposed new entrance. He inquired whether the deceleration lane for the right turn lane extended the entire way to that residential entrance. He also inquired if there was just the one residence being served by the drive. Mr. Lewis replied that the right turn lane goes beyond the residential entrance a few feet. He explained that they were actually taking the curbs at the existing entrance and moving them back to accommodate the deceleration lane and tapering would begin south of the southern curb of the existing entrance. Mr_ Lewis said that only one residence is served by the existing entrance. The Planning Commission believed that the proposed configuration appeared to be the safest circulation pattern for vehicles entering the site from both the north and southbound lanes of Route 522 and was the most logical choice. Upon motion made by Mr. Miller and seconded by Mr. Kriz, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve the request by Painter -Lewis, P.L.C., on behalf of the Trex Company, for a waiver of the minimum driveway spacing requirement on primary and arterial highways, Section 165-29.A.(4), Motor Vehicle Access, of the Frederick County Zoning Ordinance. Frederick County Planning Commission Minutes of May 3, 2000 Page 514 -5 - OTHER CANCELLATION OF THE PLANNING COMMISSION'S MAY 17, 2000 MEETING Mr. Kris Tierney, Planning Director, reported that there were no pending applications for consideration for the Commission's May 17, 2000 meeting. Upon motion made by Mr. Miller and seconded by Mr. Thomas, the Commission unanimously voted to cancel the May 17, 2000 meeting. ADJOURNMENT unanimous vote. No further business remained to be discussed and the meeting adjourned at 7:30 p.m. by Respectfully submitted, Kris C. Tierney, Secretary Charles S. DeHaven, Jr., Chairman Frederick County Planning Commission Minutes of May 3, 2000 Page 515 PC REVIEW: 06/07/00 BOS REVIEW: 07/12/00 CONDITIONAL USE PERMIT #08-00 MERRILL K. HAUSENFLUCK Cottage Occupation - Woodworking/Auctioneering LOCATION: This application involves the property at 669 Salem Church Road and the parcel to the immediate south. MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBERS: 85-A-120 & 85 -A -120A PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) District; Land Use: Residential ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land Use: Residential and Vacant PROPOSED USE:- Cottage Occupation - Woodworking/Auctioneering REVIEW EVALUATIONS: Virginia Dept. of Transportation: No objection to conditional use permit for this property. Existing entrance is adequate for proposed use. However, should use ever expand in the future, the entrance may have to be upgraded to VDOT minimum commercial standards. Inspections Department: The area of the existing building to be utilized for the woodworking shall require a change of use building permit. Please submit a floor plan of the area at the time of permit application. Fire Marshal: Electric service to building to be brought up to code. Plan approval is recommended. Health Department: The Health Department has no objection to the applicant's proposal. Merrill K. Hausenfluck CUP Page 2 May 26, 2000 Mr. Hausenfluck has stated that he and his wife are to be the only employees of this business. Planning and Zoning: This application is a two-part request to allow a cottage occupation within an accessory structure and also to allow for auctions to occur on site. Specifically, this cottage occupation would allow the applicant to build wooden furniture in an existing outbuilding and hold occasional auctions on the property. Cottage occupations are permitted in the RA (Rural Areas) Zoning District upon approval of a Conditional Use Permit (CUP). The applicant plans to build wooden items including cradles, picnic tables, and dog houses within an existing detached garage which has a floor area of approximately 480 -square -feet. The existing building appears to adequately accommodate the proposed woodworking activities. All furniture making activities are to occur within the structure. As a result, there will be no excessive noise or odor generated by the cottage occupation. The existing outbuilding is more than 200 feet from the Salem Church Road right-of-way. Adjoining properties with residential uses are not in close proximity to the existing outbuilding. In addition to the woodworking operation, the applicant intends to auction miscellaneous items that may include farm machinery, and livestock such as goats and horses. The applicant has specified that no more than three auctions would occur per year. In accordance with the conditions of a cottage occupation, all auction items are to be kept in an enclosed structure, except for large farm machinery and animals. Items will be moved outdoors during the time of the auction. Staff has concerns regarding the need for adequate parking, sanitary facilities, and safe ingress and egress to and from the property during auction events. With that in mind, staff would require a minor site plan to address these issues. During the review of this application, staff discovered that the structure in which the business will occur is located on the adjacent property owned by Mr. Hausenfluck. Therefore, to consider this as a cottage occupation, the accessory structure should be located on the same parcel as the Hausenfluck's home. This may be achieved by either a lot consolidation or boundary line adjustment. This action should be a condition of approval. STAFF CONCLUSIONS FOR THE 06-07-00 PLANNING COMMISSION MEETING: Approval of this conditional use permit may be appropriate with the following conditions: 1. All review agency comments shall be complied with at all times. Merrill K. Hausenfluck CUP Page 3 May 26, 2000 2. All woodworking shall occur and be stored inside a completely enclosed structure. 3. In accordance with Cottage Occupation sign requirements, signage for the proposed use may not exceed four (4) square feet in area. 4. Approval of the auctioneering portion of this conditional use permit shall be conditioned upon the approval of a minor site plan. 5. No more than 4 (four) auctions shall be held in one calendar year. 6. All auction items, excluding animals, are to be stored inside a completely enclosed structure when not being displayed for auction purposes. 7. Approval of this conditional use permit shall be granted at the time when the primary dwelling and accessory structure are located on the same parcel, thereby meeting the requirements of a cottage occupation. 8. Any change of use or expansion of the approved cottage occupation shall require a new conditional use permit. O \Agendas\COMMENTS\CUP's\2000\Hausen8uck.CUP wpd i HAUSENFLUCK c.aw aer / Sd— Church /, ChurchCONNER CON ER f -Y_ HAUSENFLUCK an« uai d 9 } � c CUP #08-00 Merrill Hausenfluck r t PIN: 85—A-120 Produced by Frederick County Planning and Development, 4-26-2000 Submittal Deadline -�) „I �-06 P/C Meeting C 7-- CC BOS Meeting 7` 1! - /! APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (The applicant if the L,/ owner other) ,I►i 10 ADDRESS: TELEPHONE '5_10 //e J- N 2. Please list all owners, occupants, or parties in interest of the property: 3. The property is located at: (please give exact directions and include the route number of your road or street) l Mi)P E4510,14 A00M 735 ©'U lPwd AGIy We�t � 4. The property has a road frontage of '1 5-0 fe and a depth of q(I C? 5, 1 feet and consists ofacres. (Please be exact) 5. M 7. The property is owned by Mmll aGp �?�'�.�,�f�'C as evidenced by deed from recorded (previous owner) in deed book no. �j on page�� as recorded in the records of the Clerk of the Circuit Court, County of Frederick. Ot 1 wig i:t—Prc�r-t-y -I dent if c a-t-i-on--N-o_e �j - �l % '),r- A Magisterial District Current Zoning Adjoining Property: USE North 8,0 East H14 South R 19 West ZONING RECEIVED APR 13 2000 I�YELDP!►� 8. The type of use proposed is (consult with the Planning Dept. before completing) Com. cti� 1 a 9. It is proposed that the following buildings will be constructed: n/' -P 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 d12AYV011 f Y;4VS,0yL1t, ADDRESS S - C� ` � � C- A 1(4!9-r> PROPERTY IDI NAME i4 1 S .L. Cb ti •., (2 IZ ADDRESS 68,q S# 0y (tel09C 4 90 PROPERTY ID#_ - PL- '� Sc :�I' �CJ` s NAME 0,2gtc �s rv'vQ ADDRESS ,.CIO AC 4 P PROPERTY ID# ii C �`S NAME ADDRESS�I„Ql'!�l PROPERTY ID# �S - ` SC � q-� S 5 NAME. ADDRESS PROPERTY ID# NAME. ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY Ih# 12. Additional comments, if any: I (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Signature of Applicant Signature of Owner Owners' Mailing Address Owners' Telephone No. SIq '546 W 116 �- TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: VS CIJ��vu--40 X55 r 6p0 SALFM PAGE 2 :F 4 BK832PG1030 CHURCH ROAD �Jk 40' 1 IDE S 22. 17'48" W -- 6. 19. 3 �9" W - 42..'-.4 ' __-- 18� 350.00' � I �, hM (V wt LOT 2 M to m O /1z 1~ Y C; N �r 'ncv - 350.00' C -� • I 3: _o_CID W a _ S19.34'09"W tun) 50' B.R.L. 3 Q Icu W liJ m 0 o [L 0 O o I cv OT/ ; - m in N -0'4Wa 14.9/ 7 ACRES c z cc I d V J N N I ,�.• E �P. 1. N. 85-A -120A to w Q Cc, m ', 2 g 'FHAPTER 165. o d 0 0 5 8'� \g'y� 'ARTICLE v I "' SECTION 165-54-C . a2 ro 0 of � �• 2`412 o—IRON PIN (FOUND) o—IRON PIN (SET) 8�—FENCE POST VIRGINIA- FREDERICK COUNTY, SCT.�a '^ -- nn thA PC REVIEW: 06/07/00 BOS REVIEW: 07/12/00 CONDITIONAL USE PERMIT #09-00 WILLARD AND JOYCE UMBENOUR Cottage Occupation - Television Repair Service LOCATION: This property is located at 160 Grasshopper Lane. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 34 -A -25A PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) District; Land Use: Residential ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land Use: Residential PROPOSED USE: Cottage Occupation - Television Repair Service REVIEW EVALUATIONS: Virginia Dept. of Transportation: No objection to conditional use permit for this property. Existing entrance is adequate for proposed use. However, should use ever expand in the future, the entrance may have to be upgraded to VDOT minimum commercial standards. Inspections Department: The area of the existing building to be utilized for the CUP shall comply with the Virginia Uniform Statewide Building Code and Section 304, Use Group B (Business) of the BOCA National Building Code. Please submit a floor plan of the area for review at the time of change of use building permit application. Permit shall be issued and inspection approval given prior to issuance of a certificate of use and occupancy. rlre Marshal: iviairItaiil i2� height and width clearances to accommodate fire apparatus access to dwelling. Plan approval is recommended. Willard and Joyce Umbenour Page 2 May 25, 2000 Health Department: The Health Department has no objections to Mr. and Mrs. Umbenour having a TV Service at their residence as longaemployees are hired. If employees are hired, the Health Department would need to know how many, for dosing calculations. City of Winchester: No comments. Planning and Zoning: This Conditional Use Permit is in response to a zoning violation complaint that staff received. The applicant was cited for the operation of an illegal business (TV repair service). Obtaining a CUP for this cottage occupation is an available option to resolve the violation. The Zoning Ordinance allows for Cottage Occupations with a Conditional Use Permit in the RA (Rural Areas) Zoning District. TV repair service would qualify as a cottage occupation. The TV repair service will take place in an accessory structure located on the applicants' property; the accessory structure is 100 feet and 50 feet, respectively, from the adjoining property lines. The applicant stated that there is to be a minimal amount of customers visiting the property. Based upon the limited scale of the proposed use and evaluation of this property, it appears this use would not have any significant impacts on the adjoining properties. STAFF CONCLUSIONS FOR THE 06-07-00 PLANNING COMMISSION MEETING: Staff recommends. approval with the following conditions: 1. All review agency comments shall be complied with at all times. 2. Any proposed business sign shall conform to Cottage Occupation sign requirements; sign shall not exceed four (4) squire feet. 3. Any change of use or expansion of the business will require a new Conditional Use Permit. O: \Agendas\COMMENTS\CUP's\2000\Umbenour. CU P. wpd oa a MCCONNELL M CONN LL Q� CALL C r� OWENS WHITE OWENS OWENS CUP X09-00 Willard & Joyce Umbenour PIN: 34—A -25A Zoning: hatched areas are EM All other zoning is RA Produced by Frederick County Planning and Development, 05-24-20001 IF CUP $09-00 DECEIVED Submittal Deadline 1vjFg� y¢�h P/C Meeting BOS Meeting �Tul Z 2000 DEPT. OF PLANNINC�DEVELOPMENT APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNT', VIRGINIA 1. Applicant (The applicant if the owner other) I � g NAME: � , 'i W -r e" 'k C'J � t' ADDRESS: TELEPHONE 6216- 2. 2{O-2. Please list all owners, occupants, or parties in interest of the property: r� r eeL it 3. The property is located at: (please give exact directions and include the route number of your road or street) 4. The propert has a road frontage of Z % feet and a depth of- X33 feet and consists of acres. (Please be exact) 5. The property is owned by'��1,�,zJ r J©���� Uoi��y, ,%,� as evidenced by deed from jc-s �� 32,�c recorded (previous owner) in deed book no. 1-175 on page i V1 , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. 14 -Digit Property Identification No. Magisterial District Current Zoning ;fA 7. Adjoining Property: USE Northr?�'}"+;��'', East South_ West b ZONING A .:-M- 8. - 8. The type of use proposed is (consult with the Planning Dept. before completing) 711 ZaeZ,4z,A 9. It is proposed that the following buildings will be constructed: 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property where the requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this application: NAME �LC ,�-, 6L,-er1.5 - �sc/ ADDRESS �,�3� , -,-, PROPERTY ID# --3Z_ /q` --'9 3 NAME";RA eADDRESS PROPERTY ID# 3 ;�% - o� .� (% . 2 NAMEZz'a.o %"2? c !�In //' � 6�Cr ADDRESS PROPERTY NAME ADDRESS PROPERTY ID# NAMES �c�� ADDRESS - ct, _4?y7, <I r PROPERTY ID# ,��� -j / NAME- s ADDRESS ADDRESS PROPERTY ID# NAMEa,�, �/�.. ���•� ADDRESS PROPERTY ID# -157-O NAME �r�� /CI •.5rr.� ADDRESS PROPERTY ID# �v - ��%� , �� � /��� • 1 G -y 12. Additional comments',, if any: I (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Signature of Applicant Signature of Owner Owners' Mailing AddressJ�� a"s,,., Owners' Telephone No. - 'L� - 6f9 TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: j - aKai2la<<�a oN o • aw FLi/Aq 'h 'o � laV PrW,YEAI'7' GYSHM'F a 4 S 164923" ALMAWR -rr SEE DETAIL i i j l 1 x SHEDPoul- 21 pcv r 1 a 1 S — . x IWa Mvice Ix 5.2864 ACRES ' x N � 1 ----- N I' 0 ZONE '0. ONE A POND X000 Z / I �: APPROXIMATE F7 000 FIXAp I I �-� BOUNDARY LIMITS i $34.09, t evcw rrcn Faaoo ti � AT FENCE COflvv? - - q., ,I HOUSE DETAIL: 1' 50' HOUSE LOCA 770N SURREY PA no ON THE PROPERTY OF WLLARD V UMBENOUR & 1'a` m STORY ro ENCLOSED ✓O YCE A. UMBENOUR N R£M°Eh PORE' DEED BOOK 478 PAGE 141 STGWEWALL DISTRICT 57oGw FREDERICK COUNTY, VIRGINIA THIS PLAT HAS BEER PREPARED YATHOUT THE BENEFIT OF A TITLE REPORT DA 7E• JANUARY 3, 1993 SCALE- 1" = 100' - '- AND DOES NOT NECESSARILY INDICATE ALL ENCUMBRANCES ON THE PROPERTY. OWNER.- UMBENOUR PURCHASER: REFINANCE W.O. ,4 93667 FLOOD NOTE - el ZONE.• CSA COMMUNITY NO.• 510063 PANEL: 0110 B DATE.- 7-17-78 ARCHITECTS D= ENGINEERSPLANNERS.ETES SURVEYORS ,)078 SHAWNEE DRIVE 11350 RANDOM HILLS ROADP.O. BOX 2033 SUITE 750WINCHESTER, VIRGINIA 22601 FAIRFAX, VIRGINIA 22030 (703)667- 1103 (703)385-7414 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAN: 546/678-0682 MEM01RIA DDM t .:f TO: Planning Commission FROM: Mark R. Cheran, Planner I RE: Outreach To Asia Nationals Site Plan DATE: May 24, 2000 As the Planning Commission is aware, Outreach To AsiaNationals (OTAN) applied for a Conditional Use Permit for a Humanitarian Aid Organizational Office (CUP #19-99). Approval of the CUP was conditioned upon the approval of the site plan by the Planning Commission. Staff has reviewed this site plan, and the site plan meets all of the requirements of the Frederick County Zoning Ordinance. This site plan delineates an existing office of 1,574 square feet and a two-story office addition of 4,868 square feet for a total of 6,442 square feet. The office will be served by 20 parking spaces to include two (2) spaces for handicapped use. A sidewalk will by extended the length of the parking area to ensure safe and efficient pedestrian access. The private road and parking areas will be paved with a minimum of double prime -and -seal treatment. The entrance has been designed to meet VDOT minimum standards. Staff is available to answer any questions regarding this site plan. MRC/ch Attachment U: Wwk\Common\memos\OTAN. wpd 107 North Kent Street • Winchester, Virginia 22601-5000 'Im *0- NR ,^ham y -w \ ` W.w s r M GO�70pIW Or M 11•M ooraAwa 'w P.",no or 7 MOLLOR � :ice '6 24'CAWi ..5. O Ae. %Y d.uw .� MW "M VOMANPO r arw au yr , woNww i" ar ar4 ,uueN,o, 8, v►'G►� iE # B d i v tow""', �, W4il NiN t\\SSCJ ��♦ \`rte ��� �. Jq 10. N44 •WOMRK MHOW209M ii '" n� MO LM M'.dlOm N I to M WW. 0 F � = i U ".mai w AM < U9E� YA�G/IN� Jq 10. N44 1 $ , �M t�---��`'� \ ``♦ � ♦`♦\`♦`+`\\♦�`.. \\ + `+, \ Vim♦ +`\ d �.�11� � .+ � '� / � �i�/Avj Lam_ `a; ♦`♦ \ ``♦ `♦ � `\ \+`\`!��=�F � + + ♦ \+i + \ ++ ♦ \ .� � ^ / / IVY 011 + �\ Cow e 1 } � + \ � +* ` \ •,rne, ��+cer eMca ewru. ee supresc ` �` � Z� --' ` \ . \ ►em na errs a•eancA�w+a re ne `. �. e� �°"'"°""°"rleeMan�enbx"Acc»�i�L" I I I � i I f � + �b �"=�i + `r � � •C ' � � J if w�wn�wnwowwtwwrw.aKearaens�sy{e�oq.�/wcAx I J��/ } � } � � �`+ � � i -- �?ao``-------''�� $ � `` jam,.•+ — \� v rN�Mtlry AtlNfA�IAGTKM /ONt / / ) + lb 1.1q uo�l►NOYIMflalb rKAfi McNln IMIrW MM�GI{M {MµyM�l�dVlltKt O• mum I / Mldk� COM<IIOf.71W Caq.Gif N ��� !M vdl"* i I / /� I 1 �* — — ' ' 1 \, + A• ` , , \ ' go \++++� .\ +++ turas �c ne corr/ae «.wnm�an ew, ♦ b Wf OUTREAGN /5I NATIONALS -` LS O ^`` \+` `�•+ `A a�Aa \.�` �` `,+\� R 7M 30-7-1- Z THRAU6li 11 It COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/678-0682 MEMORANDUM To: Frederick County Planning Commission From: Amy M. Lohr, Planner II 2e, Subject: Dawson Investments Waiver Request Date: May 24, 2000 Nature of Request: The Planning Commission has received a request from Mr. C. Bruce Dawson of Dawson Investments, to permit a waiver of the requirements of Section 144-25.B., Utilities and Easements, of the Subdivision Ordinance. This section specifies that all electric, telephone, and cable television lines be installed underground. Overhead electric was installed to service a 1,800 -square -foot maintenance shed located to the rear of the American Woodmark facility in Dawson Industrial Park. The maintenance shed, located on Lot 2, is a permanent structure intended to house maintenance materials for the industrial park. The applicant has stated that existing subsurface rock in the area would increase the cost of underground installation beyond that of the entire electrical system. In addition, the applicant has stated that no vehicular traffic is to pass below the existing overhead electric lines. Given this information, it is necessary for the Planning Commission to provide a recommendation as to whether or not the overhead power should remain in place. Planning Commission Authority: Pursuant to Section 144-5 of the Subdivision Ordinance, the Planning Commission shall provide a recommendation to the Board of Supervisors regarding the appropriateness of exceptions to the provisions of Chapter 144. The Board of Supervisors may grant such exceptions in cases of unusual situations or when strict adherence to the general regulations result in substantial injustice or hardship. Staff conclusion: At this time, the only structure on Lot 2 of the industrial park is the maintenance shed. The applicant has indicated that further development is planned for this parcel. Indeed, such development is subject to the requirement of underground utilities. With that in mind, it is staff's recommendation that overhead electric be permitted to serve the existing building until such time as underground electric is installed to accommodate the future development. AML/ch Attachment U.IAmy,CommwrU'CMemosOJ .von Invesimenis Waiver Regaesl.wpd 107 North Kent Street + Winchester, Virginia 22601-5000 �`�IPA DAWSON INVESTMENTS 736 TREYS DRIVE WINCHESTER VIRGINIA 22601 PHONE (540) 667-1948 FREDERICK COUNTY PLANNING DEPT. 107 NORTH KENT STREET WINCHESTER, VIRGINIA 22601 ATT. AMY LOHR I am writing this letter to formally request a waver to the ordnance requiring underground electric service to a small maintenance building in the Dawson Industrial Park. The building is a wood frame structure 30 feet by 60 feet and is located 30 feet from the line of overhead electric poles serving the site. 'P -H; Voltage towers run along the south property line_ ➢ The building is unoccupied most of the time. ➢ No vehicle traffic would pass under the overhead line. ➢ Underground rock in the area would increase the cost of underground service beyond the cost of the entire electrical system. Dawson Drive is serving the industrial park and is free of any overhead utilities. This request for overhead service is not along Dawson Drive but is on the north property line with existing overhead service to the lots adjacent the COCA COLA property. A marked up site plan is attached to better illustrate this request. Thank you for your consideration of this request. If you need any further information, please give me a call at 869-1150, extension 211. Sincerely Yours, C. Bruce Dawson DAWSON INVESTMENTS �UAED IMAM 17 2000 DEPT. OF PLnNNING/DEVELOPMENT BLACKBURN LUTED PARTNERSHIP ZONED: RA USE AGRICULTURAL DB 812 PG 70 3 i N41 -28'42"E 971.A v ' �EIGu VOLTA6P- +—tn1e ' N46 08'28"W 953.19' O r LOT 3 14.6128 ACRES (See Sheet 6) �p Q t3 1 a I N� I LOT 2 5.9499 ACRES (See Sheet 5) 04 �N 0 SU87ECT b01LWNG- w co CV O(10 (I7 EXIST1NC, 6Va�LNEAO LINE LOT 1 27977 ACRES (See Shat 4) 1, 1 VA, SECONDARY ROUTE 651 SHADY ELM ROAD' (VARIABLE WIDTH R/W) z W U FINAL PLAT Dawson Industrial Park Back Creek Magisterial District Frederick County, Virginia DATE: APRIL 19, 1999 1 SCALE: 1•-200' FILE#: C:\DAWNDUSPK.0WG ~di fard & comdataer. Inc. ENGIM ERS �� LAND PLANNERS — SURVEYORS 150—C OWS ONFAM sA WM ?m Narl4 00e sa..t SHEET ph" vtanlo 23v1 Whdmwfs. W Oft =M 3 (5" ma -2113 0 100 200 foo cs,a) W7-2130 OF 7 PC REVIEW: 06-07-00 BOS REVIEW: 06-14-00 Subdivision Application #06-00 ALEX D. SIMPSON LOCATION: The property is located at Emerald Lake in Shawneeland. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 49A2 -3-19B PROPERTY ZONING & PRESENT USE: R5 (Residential Recreational Community) District; Land Use: Residential ADJOINING PROPERTY ZONING & USE: R5 (Residential Recreational Community) District; Land Use: Residential SUBDIVISION SPECIFICS: Subdivision of a 10.5 -acre tract into two lots. REVIEW AGENCY COMMENTS: Planning and Zoning: Public Meeting Requirement The Subdivision Ordinance requires that land divisions in the R5 (Residential Recreational Community) Zoning District, without an approved master development plan, be presented to the Board of Supervisors for final approval (§144-12-B). This project contains land zoned R5 and does not have an approved MDP; therefore, Planning Commission and Board review and action is necessary. StaffReview This application, which proposes a two -lot subdivision, has been reviewed by the Health Department and the Shawneeland Sanitary District. Both agencies have no objections to the proposed subdivision and have approved the final subdivision plats. Subdivision #06-00, Alex D. Simpson Page 2 May 26, 2000 The parcel that is proposed to be subdivided is located in an area internal to Shawneeland known as Emerald Lake. The property is zoned R5. As the Planning Commission is aware, lots within the R5 (Residential Recreational Community) District follow the same requirements as the RP (Residential Performance) Zoning District. The lots contained within this minor subdivision generally meet the requirements of the single family rural traditional housing type of the Residential Performance district. In particular, they are not on public water and sewer and exceed the minimum lot size of 100,000 square feet. It should be noted that lot 19D contains an existing residence. The subdivision as submitted, generally, satisfies the requirements of the Subdivision Ordinance. However, access to this subdivision is of concern. The road access requirements of the Zoning Ordinance to this subdivision cannot be met. Access to all developments within Residential Recreational Communities is required to be via State -maintained roads. The proposed subdivision only has access to the roads within Shawneeland. These roads are not state -maintained, rather, they are maintained by the Shawneeland Sanitary District. Due to the location of the proposed subdivision, it would be appropriate to waive the State road access requirement of the Zoning Ordinance, allowing the extension of existing private roads as enabled in Section 165-77.I. of the Ordinance. STAFF RECOMMENDATION FOR 06/07/00 PLANNING COMMISSION MEETING: Staffrecommends approval ofthis subdivision application with the Planning Commission enabling the extension of private roads to serve this two -lot subdivision. O:\Agendas\COMMENTS\SUBDI VISION\Simpson.SUB.wpd APPLICATION AND CHECKLIST SUBDIVISION yT. 7y�1 �'.PICY !Tl�+1TTl�TR1�a/ T7'TD CILT1-E V T i 1 ♦ I 1\ Cl Date: 512-5-100 Application # ( Fee Paid Applicant/Agent:Iek' Address: ?el -7;�o► Phone: 7 7 17 Owners name: Address: Phone: Please list names of all owners, principals and /or majority stockholders: Contact Person: Phone: 077 1/6 Name of Subdivision: 9,mesal Number of Lots Total Acreage Property Location: ��-c,v� 56 tj 4zr--&- o,7 -7� /si once i&oco4v, �-a•le ,a�1 lZke (Give State -Rt.#, name, distance and direction from intersection) Magisterial District CSQC/ Crew// Property Identification Number (PIN)) 4 � A (0 2, % B � 'D V E D 8 MAY 2 5 2000 DEPT, OF PLANNING/DEVELOPMENT Property zoning and present use: 9-5- -j D"f s ( de- of -�C' Adjoining property zoning and use: - S i-esidenT+a ( Has a Master Development Plan been submitted for this project? Yes No If yes, has the final MDP been approved by the Board of Supervisors? Yes No What was the MDP title? Does the plat contain any changes from the approved MDP? Yes No If yes, specify what changes: Minimum Lot Size (smallest lot) 3 at G Ce Number and types of housing units in this development: Number /I Types rood, d�ra)(- /zoo RECEIVED 9 MAY 2 5 2000 DEPT, OF PLANNING,"DEVELOPMENT MINOR SUBDIVISION ON LOT 19—B EMERALD LAKE TRACT SHAWNEE -LAND DEED BOOK 939 PAGE 175 BACK CREEK DISTRICT FREDERICK COUNTY, VIRGINIA NOTES: 1) THE PROPERTY DELINEATED ON THIS PLAT IS SHOWN ON TAX ASSESSMENT MAP # 49A2 -3-19B 2) CURRENT ZONING OF PARENT TRACT: R-5; USE: SINGLE FAMILY RESIDENTIAL (SUBURBAN) 3) THE PROPERTY SHOWN HEREON IS LOCATED IN FLOOD ZONE "C" AS SHOWN ON F.E.M.A. MAP COMMUNITY NO. 510063. PANEL 0100 B. DATED 7-17-78. 4) REBAR WILL BE SET AT ALL PROPERTY CORNERS. 5) CURRENT OWNER: ALEX D. SIMPSON 155 WITCH HAZEL TRAIL WINCHESTER, VIRGINIA 22602 e " C • WAd117 SUBDIVISION ADMINISTRATOR DATE 4v>2 baa y 4/2,0/00 I RI� COUNTY hEALTH DEPARTMENT DATE SANITfiJ6Y DISTRICT DAIS DATE: MARCH 31, 2000 FILE: C: \SDSKPROJ\04-00\00089 THIS PLAT HAS BEEN PREPARED 1NTHOUT THE 8ENEFIT OF A TITLE REPORT SCALE: 1 = 200' AND DOES NOT NECESSARILY INDICATE ALL ENCUMBRANCES ON THE PROPERTY. ENGINEERS DOW. PLANNERS & ASSOCIATES SURVEYORS 3078 SHAWNEE DRIVE P.O. BOX 2033 SHEET 1 OF 4 WINCHESTER, VIRGINIA 22601 (540)667-1103 OF EDWARD W. DOVE CERT. NO. 54-17-3(A) 964 lirlc� X04 SURv� SURVEYOR'S CERTIFICATE I, EDWARD W. DOVE, A DULY LICENSED LAND SURVEYOR IN THE COMMONWEALTH OF VIRGINIA, DO HEREBY CERTIFY THAT I HAVE CAREFULLY SURVEYED THE PROPERTY DELINEATED BY THIS PLAT AND THAT IT IS CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF; THAT IT IS THE SAME PROPERTY CONVEYED TO ALEX D. SIMPSON IN DEED BOOK 310 AT PAGE 386 AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. I FURTHER CERTIFY THAT THE LOTS ARE PROPERLY AND ACCURATELY DESCRIBED AND THAT ALL PROPERTY CORNERS WILL BE SET. v/% ///4 EDWARD W. DOVE, L.S. DATE STATE OF COUNTY OF DO HEREBY CERTIFY THAT DATED LEDGED THE SAME. GIVEN UNDER MY HAND THIS NOTARY PUBLIC MY COMMISSION EXPIRES TO -WIT: A NOTARY PUBLIC IN AND FOR THE COUNTY AND STATE AFORESAID, WHOSE NAMES ARE SIGNED TO THE FOREGOING WRITING HAVE PERSONALLY APPEARED BEFORE ME, IN MY COUNTY AFORESAID, AND ACKNOW- DAY OF 20 OWNER'S CONSENT THE PLATTING OF THE PROPERTY SHOWN HEREON FOR BOUNDARY LINE ADJUSTMENT PURPOSES IS MADE WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNER(S), PROPRIETORS, AND TRUSTEES, IF ANY. STATE OF COUNTY OF I. DO HEREBY CERTIFY THAT _ DATED LEDGED THE SAME. GIVEN UNDER MY HAND THIS NOTARY PUBLIC MY COMMISSION EXPIRES DATE TO -WIT: DATE A NOTARY PUBUC IN AND FOR THE COUNTY AND STATE AFORESAID, WHOSE NAMES ARE SIGNED TO THE FOREGOING WRITING HAVE PERSONALLY APPEARED BEFORE ME, IN MY COUNTY AFORESAID, AND ACKNOW- DAY OF 20 DATE: MARCH 31, 2000 FILE: C:\SDSKPROJ\04-00\00089 THIS PLAT HAS BEEN PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT SCALE: 1 • = 200' AND DOES NOT NECESSARILY INDICATE ALL ENCUMBRANCES ON THE PROPERTY. DM ENGINEERS PLANNERS 8c ASSOCIATES SURVEYORS 3078 SHAWNEE DRIVE P.O. BOX 2033 SHEET 2 OF 4 WINCHESTER, VIRGINIA 22601 (540)667-1103 op EDWARD W. DOVE a CERT. NO. 54-17-3(A) 964 q/ floc �� su-p- � GR :;-EN Z= R-5 :ES 1,327,66• 577.6 ~" iv 184. 9-� .000: ACRES !!/ w S50,39'00"E-35.58' C Lr T W (n ^ •.CS'' 'vr'ee �`\ \ LOT 19-D . Z;.tti�. R_ \ 7.503 ACRES Ln Cm N07'51'38"E-100.00• p EX. 50' PRIVATE L���y. ACCESS ESMT. Mo. —5 USE: .. R—.7 USE: RES. AI +�ON N83'26'05"W-48.9`9` AREA TABULATION N39'19'50"W-123.1 BEFORE ADJUSTMENT: LOT 19---B 10.503 ACRES • r I Y SEE DE SSP AFTER ADJUSTMENT: LOT 19-D 7.503 ACRES LOT 19-E 3.000 ACRES TOTAL 10.503 ACRES GRAPHIC SCALE 200 O 100 200 400 ( IN FEET ) I inch = 200 tL 10 CROS Eti ISE l - MINOR SUBDIVISION ON LOT 19-8 EMERALD LAKE TRACT SHAWNEE -LAND DEED BOOK 939 PAGE 175 BACK CREEK DISTRICT FREDERICK COUNTY, VIRGINIA THIS PLAT HAS BEEN PREPARED 'MTHOIJT THE BENEFIT OF A TITLE REPORT DATE: MARCH 31, 2000 AND DOES NOT NECESSARILY INDICATE ALL ENCUMERANCES ON THE PROPERTY. OWNER: SIMPSON FILE: C:\SDSKPROJ\04-00\00089 m nnn NnTF - - NO: 510063 PANEL 0100 B DATE: 7-17-78 ENGINEERS D= PLANNERS & ASSOCIATES SURVEYORS 3078 SHAWNEE DRIVE P.O. BOX 2033 SHEET 3 OF 4 WINCHESTER, VIRGINIA 22601 (59-0)667-1103 SCALE 1" = 200' of EDWARD W. DOVE CERT. NO. 54-'17-3(A 964 /j N� P N_;- AGGER'I`� NEE R-5 79•ao"..- " v�v 1,327,66• 577.6 ~" iv 184. 9-� .000: ACRES !!/ w S50,39'00"E-35.58' C Lr T W (n ^ •.CS'' 'vr'ee �`\ \ LOT 19-D . Z;.tti�. R_ \ 7.503 ACRES Ln Cm N07'51'38"E-100.00• p EX. 50' PRIVATE L���y. ACCESS ESMT. Mo. —5 USE: .. R—.7 USE: RES. AI +�ON N83'26'05"W-48.9`9` AREA TABULATION N39'19'50"W-123.1 BEFORE ADJUSTMENT: LOT 19---B 10.503 ACRES • r I Y SEE DE SSP AFTER ADJUSTMENT: LOT 19-D 7.503 ACRES LOT 19-E 3.000 ACRES TOTAL 10.503 ACRES GRAPHIC SCALE 200 O 100 200 400 ( IN FEET ) I inch = 200 tL 10 CROS Eti ISE l - MINOR SUBDIVISION ON LOT 19-8 EMERALD LAKE TRACT SHAWNEE -LAND DEED BOOK 939 PAGE 175 BACK CREEK DISTRICT FREDERICK COUNTY, VIRGINIA THIS PLAT HAS BEEN PREPARED 'MTHOIJT THE BENEFIT OF A TITLE REPORT DATE: MARCH 31, 2000 AND DOES NOT NECESSARILY INDICATE ALL ENCUMERANCES ON THE PROPERTY. OWNER: SIMPSON FILE: C:\SDSKPROJ\04-00\00089 m nnn NnTF - - NO: 510063 PANEL 0100 B DATE: 7-17-78 ENGINEERS D= PLANNERS & ASSOCIATES SURVEYORS 3078 SHAWNEE DRIVE P.O. BOX 2033 SHEET 3 OF 4 WINCHESTER, VIRGINIA 22601 (59-0)667-1103 SCALE 1" = 200' of EDWARD W. DOVE CERT. NO. 54-'17-3(A 964 /j SCALE: 1' = 80' op EDWARD W. DOVE CERT. NO. 54-17-3(A) 964 qar_ SUR.v��O GRAPHIC SCALE 80 0 +0 a0 1a0 ( IN FEET ) 1 inch = 801t THIS PLAT HAS BEEN PREPARED 111THOUT THE BENEFIT OF A TITLE REPORT DATE: MARCH 31, 2000 AND DOES NOT NECESSARILY INDICATE ALL ENCUMBRANCES ON THE PROPERTY. OWNER: SIMPSON FILE: C:\SDSKPROJ\04-00\00089 FLOOD NOTE - ZONE: C COMMUNITY NO: 510063 PANEL.• 0100 8 DATE: 7-17-78 ENGINEERS D= PLANNERS & ASSOCIATES SURVEYORS 3078 SHAWNEE DRIVE P.O. BOX 2033 SHEET 4 OF 4 WINCHESTER, VIRGINIA 72601 (540)667-1103 SCALE: 1' = 80' op EDWARD W. DOVE CERT. NO. 54-17-3(A) 964 qar_ SUR.v��O PC REVIEW: 06-07-00 BOS REVIEW: 06-14-00 Subdivision Application #07-00 Thomas C. Baker & Thomas C. Glass, Partners (t/a TOMS) LOCATION: The property is located adjacent to Route 11 South, Valley Pike, and Route 839, in Kernstown. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 75A -6-B-41 PROPERTY ZONING & PRESENT USE: B2 (Business General) District; Land Use: Residential ADJOINING PROPERTY ZONING & USE: B2 (Business General) District to the south and east whose land use is both commercial and vacant. The CSX Railroad adjoins this property to the north- west beyond which is property zoned M1 (Light Industrial) District. In addition, The Kernstown Business Park is located to the south. This parcel is zoned B3 (Industrial Transition) District and is presently vacant. SUBDIVISION SPECIFICS: Subdivision of a 19.4008 -acre tract into three lots. REVIEW AGENCY COMMENTS: Planning and Zoning: Public Meeting Requirement The Subdivision Ordinance requires that land divisions in the B2 (Business General) Zoning District, without an approved master development plan, be presented to the Board of Supervisors for final approval (§ 144-12-B). This project contains land zoned B2 (Business General) District and the MDP requirement was waived by the Director of Planning & Development pursuant to Section 165-123.C.; therefore, Planning Commission and Board review and action is necessary. Subdivision #07-00, Baker and Glass, Partners - t/a TOMS Page 2 June 6, 2000 StaffReview This application, which proposes a three -lot commercial subdivision, has been reviewed by the Frederick County Sanitation Authority, the Department ofPublic Works, and the Virginia Department of Transportation. None of the agencies have an objection to the proposed subdivision and have indicated their approval of the final subdivision plats. The 19 -acre parcel that is proposed to be subdivided has frontage on both Route 11 South (Valley Pike) and Route 839. Route 839 is• a frontage road directly south of the Route 37/Route 11 Interchange. Primary access to the three parcels within this subdivision would be provided via Route 839. In addition, the potential may exist in the future for lot 3 to have modified access to Route 11 such as a right -in, right -out movement. Presently, the minimum entrance spacing requirement of 200 feet would prevent locating an entrance directly onto Route 11 for lot 3. This property adjoins land to the northwest that is zoned M 1 (Light Industrial) District and land to the southwest that is zoned 133 (Industrial Transition) District. At both locations, an "A" category zoning district buffer shall be provided and indicated on the subdivision plat prior to final approval. Notation should also be included on the final plat stating that all utilities serving the subdivision shall be installed underground. With these additions in mind, the subdivision as submitted, generally, satisfies the requirements of the Subdivision Ordinance. STAFF RECOMMENDATION FOR 06/07/00 PLANNING COMMISSION MEETING: Staff recommends approval of this three -lot subdivision. 0:\Agenda\COMMENTS\SUBDIVISIOM7'0ms.SUB wpd 0 C F 2D IJ -p -� 4z- ry� nd � %F Date APPLICATION AND CHECKLIST SUBDIVISION FREDERICK COUNTY VIRGINIA June 6, 2000 Application # 07-00 Application / Agent: Gilbert W. Clifford & Associates, Inc. Address: c/o Ronald A. Mislowsky Fee Paid 200 N__Cameron Street, Winchester VA 22601 Phone: (540) 667-2139 Owners name: TOMS Baker and Glass) Address: 3082 Shawnee Drive Winchester, VA 22601 Phone: 540-662-2270 Please list names of all owners, principals and / or majority stockholders: Tom Glass Tom Baker Contact Person: Ronald A. Mislowsk Phone: (540) 667-2139 Name of Subdivision: TOMS Number of Lots: 3 Total Acreage: Property Location: Southwest corner of US Route 11 and VA Route F839 Magisterial District: Back Creek Property Identification Number (PIN): 75A -6-B-41 Property zoning and present use: B2 — Residential Adjoining property zoning and use: B2 - Residential Has a Master Development Plan been submitted for this project? Yes No X If yes, has the final MDP been approved by the Board of Supervisors? Yes No N/A What was the MDP title? N/A Does the plat contain any changes from the approved MDP? Yes No If yes, specify what changes: Minimum Lot Size (smallest lot) 2.0 Ac Number and types of housing units in this development- Number- Types- 7/EG LAGSE. a +i tY a yti nqv "VICINITY MAP APPROVALS: VIRGINIA DEPARTMENT OF TRwy RTATION 04 7F ,:�JFREDERICK COUNTY SANITATION AUTHORITY LATE fR£D£RICK COUNTY SUBDIVISION ADMINISTRATOR DATE' OWNERS' CERTIFICATE THE ABOVE AND FOREGOING SUBDIVISION OF THE LAND OF THOMAS C BAKER AND THOMAS C. GLASS, PARTNERS, T!A TOMS, AS APPEARS ON THE' ACCOMPANYING PLAT, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRE OF THE UNDERSIGNED OWNERS PROPRIETORS AND TRUSTEES, IpANY THOMAS C. BAKER, PARTNER, T!A TOMS - LA 7F THOMAS C PARA TOMS / A� o STATE OF V/RG/NK A��T ��LA,,RGE ������ CITY/COUNTY OF ��C T r,9 1t— .., THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF , 2000 BY THOMAS C. BAKER AND THOMAS C. GLASS, PARTNERS, VA TOMS. 2 MY COMMISSION EXPIRES ` ri lJ G Vy�, 3� � NOTARY PUBLIC SURVEYOR'S CERTIFICATE l HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS f7NAL PLAT OF SUBDIVISION /S THE LAND CONVEYED TO THOMAS C. BAKER AND THOMAS C. GLASS, PARRVERS, T!A TOMS BY DEED DATED MARCH 15, 1973 OF RECORD /N TETE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF FREDERICK COUNTY IN DEED BOOK 405 AT PAGE 558. R UAL PLAT OF SUBDIW SION 01F THE LAND OF TH OF v NOMAS C. BAKER AND f NOWAS C. GLASS, PARTNERS ' f T%A TOMS a DED BOOK 405 PAGE 558 ou as S BACK CREEK MAGYSMPIAL D67R/CT o. 001197 FREDERICK COUNTY, HRG/N/A LATE 511712000 SCALE.• AS SHOWN SHEET I OF 3 d qXD gUgvE�o4 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUAOUN STREET — WINCHESTER, VIRGINIA 22601 DRAWN BY: CA✓ PHONE (540) 667-0466 - FAX (540) 667-0469 - EMAIL mlls®shentel.net DWG NAME: ID1590 P./.M 75A-6—B-41 AREA SUMMARY LOT 1 = 8.0631 ACRES LOT 2 = 9.3377 ACRES LOT 3 = 2.0000 ACRES TOTAL AREA = 19.4OG8 ACRES AREA IN REAMINING PARENT TRACT = a0000 ACRES CURRENT ZON/NG - B-2 (BUS/NESS GENERAL DISIH/CT� MINIMUM SETBACK REOU/REMEIVTS fRONT - J5' AND 50' SIDE - 0' REAR - 0' DRAIAMD NOTE THE DRA/NREW SHOWN ON LOT 3 /S FOR USE OF LOT 2 UNTIL CENTRAL SEWER IS AVAILABLE, AND THEN 70 BE ABANDONED. NOTES• 1. NO 777L REPORT FURNISHED. 2. EASEMENTS MAY EXIST THAT ARE NOT SHOWN. J. IRS — IRON ROD SET IRF — IRON ROD FOUND RRS — RAILROAD SPIKE SET R7NAL PLAT OF SUBDI W 57ON OF THE LAND OF �,1� OF y THOMAS C. BAKER AND THOMAS C. GLASS; PARTNERS r T/A TOMS 9 DEED BOX 405 PAGE 558 0 BACK CREEK MAGISTERIAL DISTRICT No. 001197 fREDER/CK COUNTY, W4RGN/A tR't D SuRlst04 DA TF- 5/17/2000 SCALE- AS SHOWN SHEET 2 OF 3 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET — WINCHESTER, VIRGINIA 22601 DRAWN BY: CAJ PHONE (540) 667-0468 - FAX (540) 667-0469 — EMAIL mlls®shentel.net DWG NAME: ID1590 CURVE RADIUS ARC LENGTH alOWD LENGTH CHGiRD BEARING Cl 863Q 42' 580.42' 580.32' N 38 4120' E -L' AOR IRS CSY Rd UNE BEARING DISTANCE L1 S 15'15'23" E 84.85' L2 S 29'44'47' W 150.00' L3 S 29'44'55' W 97.92' L4 S 6015'12" E 103.23' _ Cl LRO,gp - V14RXA&,- & �' R 17iE Pft A Ebl� _ IRS �V 36:OU;12� �N CO._ 65, — _ IW LOT 1 0631 ACRES r _N_2944 52' E 724.76' IRS y ESM'T, EEREBY DR I SDR ESM'7 TOFCSA HEREBY DEDICATED 0 FCSA LOT 2 9.3377 ACRES i ,), IRS IRF 20' WATER ESM'T EX. FRAME i L3� I\ \ TOR FCSADEDICATED AMEBARN ❑ 05�1; i _DWELLING i 5 RS \ EX. DRAINFIELD o, c 1-k 1% FL2 IRS 311.791 E �i Q�ry-N � �~OZo 10' PRIVATE SEWERI n� g Q� w o ESM'T HEREBY it ^,DEDICATED TO FCSA w ,� LOT 3 N j tiQQ 2.0000 ACRES) $ 50' BRL251041 ,:IRS ✓. CANKA YA & S 2944 53' W IRS CAUIDAN AKKUSU.S ROZ17F 11 - YALLEY P/KE PIN 75-A-4AVARIA 8LE ►W4DTH RI ZONED: 02 BILL Y G. & SANDRA HH HER DB 756 PG 291 A PIN 7 755-A-4 ZONED: 82 DB 522 PG 559 ? n n IRS FINAL PLA T OF SUBDIVISION OF THE LAND OF ]NOMAS C. BAKER AND t THOMAS C. GLASS, PARTNERS T/A TOMS DEED SOCK 405 PANE 558 ZVAt BACK CREEK MAGYSTERIAL DIS7RICT 001197 FREDERILW COUNTY,WRGJNIA DATE. 5/17/2000 SCALE.• 1=200' SHEET 3 OF iUR�E��4 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 DRAWN BY: C4✓ PHONE (540) 667-0468 - FAX (540) 667-0469 - EMAH mlls®shentel.net DWG NAME: ID1590 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/678-0682 MEMORANDUM To: Frederick County Planning Commission From: Amy M. Lohr, Planner Il >4 , Subject: Realignment of Route 522 South (Front Royal Pike) Date: May 25, 2000 Nature of Discussion: The Winchester Area Transportation Study (WATS) recommends that the current intersection of Route 522 (Front Royal Pike) and Route 50/17 (Millwood Pike) be relocated. The increasing traffic volume associated with the developing commercial corridor in this area has produced congestion that diminishes the intersection's safety and efficiency. Furthermore, the Interstate 81 Improvement Study includes plans to reconfigure the interchange at Route 50/17, which will result in additional lanes and, therefore, volumes. of traffic traversing the intersection. The traffic analysis performed with the I-81 study indicates that the relocation of Route 522 would enable the interchange to function at a higher level of service and safety. Realignment Alternatives: The intersection of Bufflick Road (Route 776) and Route 522 marks the general vicinity in which Route 522 would begin to take a more easterly path. The realignment continues on a northeasterly course and ultimately splits into two alternatives, creating a new intersection of Route 522 with Route 50/17. A1ternative,4 involves two options - the first (Al) would directly follow the existing Ryco Lane right- of-way, and would subsequently involve the existing intersection - the second (A2) would generally follow the Ryco Lane right-of-way, but would be shifted slightly to the east to align directly with Purdue Drive (Route 796) , which serves the College Park subdivision. 107 North Kent Street • Winchester, Virginia 22601-5000 Realignment of Route 522 South Page 2 May 25, 2000 Alternative B would result in the intersection of Routes 522 and 50/17 occurring further east at the existing Prince Frederick Drive (Route 781) right-of-way. Such a location would be closer to the ultimate intersection of the connector road planned through the Oakdale Crossing IIP Ravenwood/Ravenoaks/Ravenwing Master Development Plan and Route 50/17. This option includes rebuilding Route 781 on the north side of Route 50 to eliminate the skewed intersection. Transportation Committee Recommendation: During their April 4, 2000 meeting, the Transportation Committee reviewed the three options for the proposed realignment. Each alternative has positive as well as negative aspects. The proposed alignment of alternative Al at Ryco Lane does not align with the entrance to College Park (Purdue Drive). Alternative A2 provides the desired alignment with Purdue drive, but would require the taking of several buildings along the east side of Ryco Lane including the Winchester Harley Davidson. Alternative Al would also impact the businesses, but less significantly. From a design and construction perspective, Alternative B appears to be more challenging. Most of Prince Frederick Drive would need to be completely reconstructed and substantial grading would need to occur. In addition, the removal of underground storage tanks in the vicinity of this alternative may pose an environmental concern. It should also be noted that each option traverses the Runway Protection Zone which may create a problem. Based upon the information presented, the committee endorsed alternative B. The Committee expressed concern` regarding the displacement of the Harley Davidson and the disruption of the Big Lots Shopping Center. Planning Commission Action: Staff would request that the Planning Commission make a recommendation on the proposed relocation to be forwarded to the Board of Supervisors. A preferred alternative will be incorporated into the County's Eastern Road Plan and Comprehensive Plan. AML/ch Attachment U. LAmylCommonlPCMemosTt. 522 realignment discussion.wpd COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/678-0682 MEMORANDUM To: Planning Commission From: Michael T. Ruddy, Zoning Administrator Subject: Shenandoah - R5 (Residential Recreational Community) Amendments Discussion Date: May 26, 2000 Attached for the Planning Commission's review and evaluation are the proposed amendments to the R5 (Residential Recreational Community) District. As you are aware, the Development Review and Regulations Subcommittee has been working on amendments to the Zoning Ordinance that would enable the project known as "Shenandoah" to become a reality. At their meeting on May 17, 2000, the Development Review and Regulations Subcommittee indicated that the amendments should be forwarded to the Planning Commission for discussion. Staff has had the opportunity to review the revisions that were made by The Dogwood Development Group and G. W. Clifford & Associates, Inc. from the input received from the DRRS and Planning Commission. As a result of this review, staff has incorporated the necessary changes into the existing R5 (Residential Recreational Community) District and RP (Residential Performance) District sections of the Zoning Ordinance. It is staff's beliefthat the attached amendments generally reflect both the desires of the developer and the concerns of the DRRS and Planning Commission. The goals of the proposed development have generally been achieved and the integrity and structure of the ordinance has been maintained. Direction from the Planning Commission upon conclusion of the discussion is requested. By "t -All Attachment U:\MIKE\Common\DRRS\R5\j unepcR5. mem.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 14 ARTICLE VIII R5 Residential Recreation Community District § 165-73. Intent. The intention of the Residential Recreational Community District is to provide for a carefully planned recreational community which takes advantage of unique natural features and settings. Such communities shall be planned in a fashion that will protect and preserve natural and historic resources and features and that will protect and enhance the natural scenic value of the area to be developed and surrounding areas. The Residential Recreational Community District provides for a mixture of housing types and uses including age restricted communities within a carefully planned setting. Special emphasis is placed on recreational and open space uses . Business and service uses are allowed to meet the needs of residential recreational communities. § 165-74. Master development plan. All land to be contained within the Residential Recreational Community District shall be included within an approved master development plan. The layout, phasing, density and intensity of development is determined through the adoption of the master development plan by the Planning Commission and the Board of Supervisors. Special care is taken in the approval of the master development plan to ensure that the uses on the land are arranged to provide for compatibility of uses, to provide environmental protection and to avoid adverse impacts on surrounding properties and facilities. Innovative design is encouraged. Special care is taken in the approval of R5 developments to ensure that necessary facilities, roads and improvements are available or provided to support the R5 development. Residential recreational community developments shall only be approved in conformance with the policies in the Comprehensive Plan. § 165-75. Rezoning procedure. In order to have land rezoned to the R5 District, a master development plan, meeting all requirements of Article XVI of this chapter, shall be submitted with the rezoning application. The rezoning shall be reviewed and approved following the rezoning procedures described by this chapter, including procedures for impact analysis and conditional zoning. In adopting the rezoning, the master development plan submitted will be accepted as a condition proffered for the rezoning. The master plan review procedures described by Article XVI must also be completed concurrently with or following the consideration of the rezoning. A. Impact analysis. Impact analysis, as required by this chapter, shall be used to evaluate all potential impacts, including impacts on surrounding lands, the environment and on public facilities and services. B. Land dedication. Land shall be dedicated in residential recreational community developments for roads and facilities necessary to serve the development as described by the Comprehensive Plan, the Capital Improvements Program and adopted road improvement programs. C. Addition of land. The Board of Supervisors may approve the addition of land to an approved recreational residential community through the procedures set forth in this chapter for the original approval of a residential recreational community development. § 165-76. Permitted uses. The following uses are allowed in the R5 Residential Recreational Community District: A. All uses allowed in the RP Residential Performance District. B. All uses allowed in the B-1 Neighborhood Business District except for the following: car washes funeral homes and crematories civic, social, and fraternal organizations C. D. E. F. G. H. I. J. Indoor and outdoor recreational facilities. Preserves and conservation areas. Restaurants. Hotels and lodges. Boat clubs and service areas. Service stations. Private campgrounds. Heliports or air strips. L. Age Restricted Communities M. Recreational Vehicle Storage N. General Business Offices. Definition: An area provided within a recreational Community for it's residents to store recreational vehicles such as boats, campers, R. Ks, and travel trailers. Such establishments shall not exceed S, 000 square feet oj'total floor area. § 165-77. Design requirements. A. Minimum size. No residential recreational community master development plan nor rezoning to the Residential Recreational Community District shall be approved for less than 500 contiguous acres. B. Dimensional requirements. A. Areas shall be specifically designated for each different use on the master development plan. Within those areas, the uses shall meet the applicable dimensional requirements set forth for those uses in the RP, B 1 and B2. B. Existing lots. The applicable dimensional requirements for the use shall apply to existing lots. However, the Zoning Administrator may allow reduced yard setback distances on existing lots of record currently zoned R5. The Zoning Administrator may also allow reduced yard setback distances on lots contained in previously approved master plans for R5 residential recreational communities. C. Residential density. The gross density for residences in the residential recreational community development shall not exceed 2.3 units per acre for the development as a whale. D. Commercial areas. Not more than 12% of the gross area of a residential recreational development shall be used for commercial uses. Commercial uses shall be located in village centers designated on the approved master development plan. The Planning Commission may require the submission of a generalized development plan depicting the type and location of uses, access, and circulation patterns within identified Village Centers. E. Vehicle Storage Areas shall not exceed 8 acres in size, shall be screened from view of any public street or adjoining residential property by a category B buffer utilizing at a minimum a landscape screen, and shall comply with requirements of 165-35 A. (Glare) of this ordinance.: F. Open space. A minimum of thirty-five percent (35%) of the gross area of any proposed development shall be designated as common open space. This open space shall be for purposes of environmental protection and for the common use of residents of the development. No more than 50% of the required open space shall be within the following environmental areas; lakes and ponds, wetlands or steep slopes. The Director of Planning, upon recommendation of the Planning Commission, may allow a larger amount of steep slopes to be utilized where the developer can demonstrate a viable plan for the use of these areas. Where Age Restricted Communities are approved with private streets, a minimum of forty-five percent (451/0) open space shall be required. G. Recreational facilities. One recreational unit or equivalent recreational facilities shall be provided for each 30 dwelling units. The facilities shall be in a configuration and location that is easily accessible to the dweiiing units that they are designed to serve. The design and amount of facilities shall be approved by the Planning Commission in conjunction with the Director of Planning and the Department of Parks and Recreation. A recreational unit is designed to meet the recreational needs of 30 dwelling units. The units may be broken into smaller units or added together to meet the needs of the planned community. When the Single Family Small Lot housing type is used, the requirements of Section 165-64.A. Recreational Facilities specific to this housing type shall be met. H. Buffers and screening. Buffers and screening shall be provided between various uses and housing types as if the uses were located in the RP, B 1 or B2 Zoning District according to the uses allowed in those districts. Buffers and screening shall be provided accordingly as specified in § 165-37 of this chapter. Road efficiency buffers shall be provided according to the requirements of that section. In addition, along the perimeter boundary of the Residential Recreational Community District, buffers and screens shall be provided in relation to adjoining properties as if the uses in the planned community were located in the RP, B 1 and B2 Zoning Districts. The Planning Commission may allow alternative methods for achieving buffer and screening requirements, and may waive the Interior Residential Screening and Road Efficiency Buffer requirements, in Age Restricted Communities. Sewer and water facilities. All residential recreational community developments shall be served by public sewer and water facilities owned by or dedicated to a public authority. Road access. All residential recreational community developments shall have direct access to an arterial or collector road or to roads improved to arterial or collector standards. K. Streets. The residential recreational community development shall be provided with a complete system of public streets dedicated to the Virginia Department of Transportation. The road system shall conform with the Frederick County Comprehensive Plan and with road improvement plans adopted by the county. (1) Within any portion of a residential recreational community which qualifies as an Age -Restricted Community, the Planning Commission may allow forthe installation of private streets, provided that all streets conform to the construction details and materials ofthe Virginia Department of Transportation Standards and that a program for the perpetual maintenance of all streets is provided which is acceptable to the Commission. Three classes of private streets shall be permitted in Age Restricted Communities as follows: (a) Greenways. All private streets with a projected ADT of over 3,000 shall have a minimum right-of-way of 50 feet and shall have no direct lot frontage. Greenways shall be lined on both sides with street trees having a minimum caliper of 2'/z inches at the time of planting, spaced not more than 50' apart. Along the portions of right- of-way which abut mature woodland the Planning Director may waive the requirement for street trees. The horizontal centerline geometries and vertical profile design shall meet the VDOT criteria for subdivision streets with a design speed of 3 0 mph. (b) Neighborhood Collectors. All private streets with a projected ADT of over 400 shall have a minimum right-of-way of 50 feet and may have lot frontage. Neighborhood Collectors shall be lined on both sides with street trees having a mini a. caliper of 2Y2 inches at the time of planting, spaced not more than 50' apart_ The horizontal centerline geornetrics and vertical profile design shall meet the VDOT criteria for subdivision streets with a design speed of 30 mph. (c) Local Streets. All private streets with a projected ADT of 400 or less shall Have a minimum right-of-way of 30 feet and may have lot frontage. Local Streets shall be lined with streets trees having a minimum caliper of 2Y2 inches at the time of planting, spaced not more than 50` apart. The horizontal centerline geometries and vertical profile design shall meet the VDOT criteria for subdivision streets with a design speed of 20 mph. The final subdivision plats for all lots contained within an Age Restricted Community that utilize private xoads shall include the following language: The proposed private streets will not be maintained by the Virginia Department of Transportation or the County of Frederick. The maintenance and improvement of said private streets shall be the sole responsibility ©f the owners of the lots within the Age Restricted Community which are provided access via the private streets, (2) Within R-5 developments approved prior to 1480, the Planning Commission may allow the extension of existing private roads if no other means of access is available. L. Curb and gutter. All roads within die developtricrit shall be provided with curbs and gutters. M. Alternative pian access. A combined system ofpedestrian and/or bicycle access, in the form of paved sidewalks, or -paged interior walkways, or bike paths, shall be provided to allow walking or bicycling between every use, structure or recreational facility. Such travelways walkway shall be connected with existing travelways-watkways adjacent to the residential recreational community development. In Age Restricted Communities, at the time of Master Development Plan approval, the Planning Commission may allow local streets to be used and incorporated into the system of pedestrian and bicycle access. The type and nature of trails to be used shall be identified, detailed and approved on the Master Development Plan... N. Stormwater management. The requirements of § 165-32 of this chapter shall apply to the total residential recreational community development. O. Landscaping. Landscaping shall be in conformance with an overall landscaping plan or unifying concept for the development. P. Phasing. If a Residential Recreational Community District is proposed to be developed in phases, over a period of time, common open space shall be provided with each phase in proportion to the fraction of the total area of the development in each phase. Recreational facilities shall be provided with each phase in proportion to the fraction of the total dwelling units in each phase. Essential street entrances to the planned residential community shall be provided with the initial phases of the development. Q. Property owners' association. A single property owners' association shall be provided for all phases of a recreational community development according to the requirements of this chapter. R. Environmental Protection. The Planning Commission may allow waivers of, or variations to, the environmental requirements of Section 165-31 of this chapter in residential recreational communities. Such waivers shall be shown on the Master Development Pian. In such cases, the environmental features and their function, shall be preserved to the greatest extent possible. S. In Age Restricted Communities, Multi -family Garden Apartments and Townhouses may be approved with alternative dimensional requirements. 1) Multi -family Garden Apartments are buildings where individual dwelling units share a common outside access. They also share a common yard area, which is the sura of the required lot areas of all dwelling units within the building. Garden Apartments shall contain six or more dwelling units in a single structure. Required open space shall not be included as minimum lot area. The alternative dimensional requirements shall be as follows: A. Front setback: i) Thirty-five ('35) feet from road right-of-way. ii) Twenty (20) feet from parking areas or driveways. B. Side: Fifty (50) feet from perimeter boundary. C. Rear: Fifty (50) feet from perimeter boundary. D. Minimum on-site building spacing shall be as follows:. Two-story buildings: Thirty (30) feet front and side. Fifty (50) feet rear. Three and Four story buildings:. Forty (40) feet side. Fifty (50) feet front and rear. E. i) Maximum building height for principal structures shall be Sixty-five (65) feet. ii) Maximum building height for accessory structures shall be fifteen (15) feet. F. Two (2) parking spaces shall be provided per unit 11) The Townhouse is a single family attached dwelling with one dwelling unit from ground to root, having individual outside access. Rows of attached dwellings shall not exceed 10 units and shall average no more than eight dwellings per structure.. The alternative dim. ensional requirements shall be as follows: A. Minimum lot area: 3,000 square feet. B. Minimum lot width: Forty (40) feet.. C. Front setback: i) Thirty-five (35) feet from road right-of-way. ii) Twenty (20) feet from parking areas or driveways. D. Side: Thirty (30) feet from perimeter boundary. E. Rear: Fifty (50) feet from perimeter boundary. F. Minimum building spacing: Twenty (20) feet front and side. Thirty (30) feet rear. G. i) Maximum building height for principal structures shall be Thirty-five (3 5) feet., ii) Maximum building height for accessory structures shall be fifteen (15) feet. H. Two (2) parking spaces shall be provided per unit T. Other regulations. The residential recreational community development shall conform with all regulations of this chapter and the Frederick County Code unless specifically exempted by this article. Definition: Aae Restricted Cornmuxrity- A designated area within an R-5 development which through covenants, management regulations, or other similar legal instruments, enforceable by a home owners association or other private entity, limits the age of residents to over 55 with no one under 19 years of age residing in any unit for more than 14 days in any calendar year. ARTICLE VI RP Residential performance District L. [Amended 10-27-1999] Single-family small lot. Single-family small lot housing shall be a single-family detached or attached residence on an individual lot. No more than two units may be attached together. The intent of this housing type is to provide an alternative to conventional single-family lots that can be tailored to the unique needs of specialized populations such as those of the older person. (1) Dimensional requirements shall be as follows: (a) Minimum lot size: 3;,800 3,750 square feet. (b) Off-street parking spaces: 2. (c) Setback from state road: 25 feet. (d) Setback from private road: 20 feet. (e) Rear yard: 15 feet. (f) Side yard: Zero lot line option may be used with this housing type. If chosen, the minimum side yard shall be 10 feet for that yard opposite the zero lot line side. If not chosen, the minimum side yard shall be five feet. (g) When the attached option for the single family small lot housing unit is chosen, the minimum building spacing between units shall be twenty (20) feet.. (h) Supplementary setbacks, i) With the single family small lot housing type, decks may extend five (5) feet into rear yard setback areas. ii) Where single family small lot housing abuts open space, decks may extend up to twelve (12) feet into rear yard setback areas. iii) Front porches, stoops, and steps may extend eight (8) feet into front yard setback areas.: (2) A minimum of 20 landscape plantings shall be provided on each individual lot. At least 1/4 of the landscape plantings shall be trees, with the remainder being shrubs. The trees shall be a minimum of two inches in caliper at time of planting, and the shrubs shall be a minimum three -gallon container at time of planting. (3) Maximum building heights shall not exceed 20 35 feet in height. (4) Detached accessory buildings shall not be permitted. U:\MIKE\Common\DRRS\R5\R5amendpe.wpd