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PC 11-01-00 Meeting AgendaAGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room ' Frederick County Administration Building Winchester, Virginia NOVEMBER 1, 2000 7:00 P.M. CALL TO ORDER TAB 1) October 4, 2000 Minutes ................................................. (A) 2) Committee Reports ................................................ (no tab) 3) Citizen Comments ................................................. (no tab) PUBLIC HEARING 4) Request to expand the Sewer and Water Service Area (SWSA) [tabled at the 10-04-00 meeting] to incorporate eight acres of parcel 86-A-156, owned by Investment Land Trust (Thomas J. Chasler Trustee), zoned RA, Rural Areas District, located in the northeast quadrant of the intersection at Fairfax Pike (Route 277) and White Oak Road (Route 636). (Mr. Wyatt)..........................................................(B) 5) Conditional Use Permit #17-00 of Rhoda W. Kriz for an expansion to Conditional Use Permit #24-99 which permits a Cottage Occupation for a Bed and Breakfast. The proposed expansion is to provide for receptions and other gatherings such as seminars, etc. This property is located at 547 Apple Pie Ridge Road and is identified with Property Identification Number 42-A-206 in the Gainesboro Magisterial District. (Mr. Camp)..........................................................(C) 6) Consideration of a Request by the Virginia Department of Conservation and Recreation to include Route 600, from Route 55 to the Shenandoah County line, as a Virginia Byway in coordination with the designation of roads in Shenandoah County. (Ms.Lohr)...........................................................(D) PUBLIC MEETING 7) Master Development Plan #07-00 of Copperfield, submitted by G.W. Clifford and Associates, Inc. for, for the development of 57 townhouse lots. This property is located on the east side of Brookland Lane (Route 658), approximately 600 feet south of the intersection of Brookland Lane and Valley Mill Road (Route 659) and is identified with Property Identification Numbers 54-2-3 and 54-2-4 in the Shawnee Magisterial District. (Ms.Lohr)...........................................................(E) DISCUSSION ITEM 8) Discussion on Proposed Amendments to the Permitted Use Lists of the B2 and B3 Zoning Districts to Allow for Animal Services, Except Veterinary. (Ms.Lohr)........................................................... (F) 9) Other MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on October 4, 2000. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; John R. Marker, Vice -Chairman, Back Creek District; Greg L. Unger, Back Creek District; S. Blaine Wilson, Shawnee District; Richard C. Ours, Opequon District; and Robert A. Morris, Shawnee District; George J. Kriz, Gainesboro District; W. Wayne Miller, Gainesboro District; Roger L. Thomas, Opequon District; John H. Light, Stonewall District; Gene E. Fisher, Citizen at Large; Sidney A. Reyes, Board Liaison; and Jay Cook, Legal Counsel. ABSENT: Vincent DiBenedetto, Winchester City Liaison STAFF PRESENT: Evan A. Wyatt, Deputy Planning Director, Amy M. Lohr, Planner IL Howard R. Long, III, Planner I; and Renee' S. Arlotta, Clerk. CALL TO ORDER Cnairman DeHaven called the meeting to order at 7:00 p.m. MINUTES - AUGUST 16, 2000 AND SEPTEMBER 6, 2000 Upon motion made by Mr. Ours and seconded by Mr. Kriz, the minutes of August 16, 2000 were unanimously approved as presented. Upon motion made by Mr. Kriz and seconded by Mr. Thomas, the minutes of September 6, 2000 were unanimously approved as presented. Frederick Couniy i:..uiing Commission Minutes of October 4, 2000 Page 554 IiZ COMMITTEE REPORTS Comprehensive Plans & Programs Subcommittee (CPPS) - 09/11/00 Mtg. Mr. Light reported that the CPPS held discussions on requests to expand the Sewer and Water Service Area (SWSA) and to extend service outside of the SWSA, both of which are on this evening's Planning Commission agenda. In addition, a request to expand the Urban Development Area (UDA) was also discussed. Transportation Committee - 10/03/00 Mtg. Mr. Kriz reported that the Transportation Committee recommended the adoption of Route 600 as a Virginia Byway. Historic Resources Advisory Board (HRAB) - 09/19/00 Mtg. Mr. Morris reported that the HRAB discussed a possible rezoning in the northeast corridor area. He said that there was considerable discussion about the Milburn Road corridor and the potential rezoning for industrial use. Mr. Morris said that the biggest issue discussed was a railroad spur. Mr. Morris stated that this item will be coming to the Commission in the near future. Economic Development Commission (EDC) - 09/01/00 Mtg. Mr. Thomas reported that the EDC discussed ways to attract businesses to the area and methods to help establish small businesses in the area. PUBLIC HEARING Conditional Use Permit #16-00 of James E. Smelser for a shale mining operation with sales. This property is located at 1557 Green Spring Road and is identified with P.I.N. 21-A-27 in the Gainesboro Magisterial District. Action - Recommended Approval with Conditions and Waiver of Site Plan Ms. Amy M. Lohr, Planner II, read the background information and stated that the reviewing agencies have no significant concerns. Ms. Lohr said that the primary use of the property is residential. She explained that the applicant wishes to mine approximately 20 acres of his 100 -acre parcel. She noted that adjoining residential properties along Evening Lane are screened by evergreen vegetation and given the 100' Frederick County Planning Commission Minutes of October 4, 2000 Page 555 ERIE side and rear yard setback for excavation and the natural buffer, the adjoining residential properties should not be negatively impacted. Ms. Lohr added that private mining operations of this nature are monitored and licensed by the Division of Mineral Mining (DMM), a division ofthe Virginia Department of Mines, Minerals, and Energy. She said that the applicant is aware of the State permitting procedure and has been in contact with Mr. David Cress, our area's mining inspector. Ms. Lohr said that before a permit can be issued, the applicant must provide DMM with suitable operations, drainage, and reclamation plans. Ms. Lohr next brought the Commission's attention to a letter received by the Planning Department from Mr. Frederick R. Pettis, an adjoining property owner who currently resides in Homosassa Springs, Florida. Ms. Lohr believed that Mr. Pettis's concerns about environmental impacts and impacts on surrounding property values had been alleviated during her telephone conversations with him. Mr. Morris inquired if the shale mining was currently in operation. Ms. Lohr replied that the private sales portion has not been in operation, however, VDOT had an agreement to exclusively extract shale from the property; being a state agency, VDOT was exempt from the regular DMM permitting procedures. She said that VDOT had exclusive right to the site. The applicants, Mr. James E. Smelser and Mrs. Erma Smelser, were present to answer questions from the Commission. Mr. Thomas inquired about the depth proposed for extraction. Mr. Evan A. Wyatt, Deputy Planning Director, stated that the Zoning Ordinance lists three performance standards for mining operations under a conditional use permit in the Rural Areas Zoning District; he said that the first standard requires all mining to be above the mean existing grade level of the parcel of land. Chairman DeHaven called for public comments and the following person came forward to speak: Mr. Michael S. Mullin, adjoining property owner, presented a list of several concerns he and his wife had concerning the proposed mining operation. Mr. Mullin had concerns regarding possible noise, the possible reduction of surrounding property values, the possibility of serious ground level shaking if dynamite is used, possible water pollution, possible air pollution, and the possible visible degradation of the site. Mr. Miller stated that typically these type of shale operations use front-end loaders for extraction and do not conduct blasting. Mr. Smelser, the applicant, confirmed there would be no blasting. The Commission believed that the State permitting procedures would be sufficient to ensure the site is adequately developed and maintained and that a site plan would not be necessary. The Planning Commission, therefore, believed that adequate controls were in place, ie., the local ordinances pertaining to this type of use would address setbacks, etc., while aspects ofthe mining operation itself, such as the environmental pollution, would be regulated by the DMM. Upon motion made by Mr. Miller and seconded by Mr. Thomas, Frederick County Planning Commission Minutes of October 4, 2000 Page 556 -4 - BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of Conditional Use Permit # 16-00 of James E. Smelser for a shale mining operation at 1557 Green Spring Road with a waiver of the site plan requirements and with the following conditions: All review agency comments and the Frederick County Zoning Ordinance requirements shall be complied with at all times. 2. A state mining permit shall be obtained and kept current as required by the Code of Virginia. No commercial mining operation shall occur until an approved VDOT entrance is constructed. 4. Hours of operation shall be 8:00 a.m. to 6:00 p.m., Monday through Saturday. 5. No blasting shall be permitted on the site. This recommendation was made by the following majority vote: YES (TO APPROVE): Fisher, Kriz, Miller, Ours, Thomas, Wilson, DeHaven, Marker, Light, Unger NO: Moms Upon motion made by Mr. Ours and seconded by Mr. Thomas, the Commission accepted the letter dated September 29, 2000 from Mr. Frederick R. Pettis and the letter from Michael S. Mullins as a part of the official record by the following majority vote: YES (TO APPROVE): Fisher, Kriz, Ours, Thomas, Wilson, DeFlaven, Marker, Light, Morris, Unger NO: Mille Proposed Amendments to the Frederick County Code, Chapter 165, Zoning, amending Article X, Business and Industrial Zoning Districts, Section 165-82.11, B2 (Business General) District. The proposed amendment would modify the allowed uses in the B2 Zoning District to permit commercial sport and recreation clubs. Action - Recommended Approval Ms. Amy M. Lohr, Planner II, presented an amendment to allow commercial sport and recreation clubs in the B2 (Business General) Zoning District. Ms. Lohr said that this amendment is a result of a request received by the Planning Department to permit Amusement and Recreation Services (SIC -Major Group 79) in the B2 District. She said that the Development Review and Regulations Subcommittee (DRRS) felt that defining and allowing a specific use was most appropriate, rather than permitting the entire use group. There were no public comments. Frederick County Planning Commission Minutes of October 4, 2000 Page 557 as presented. -5 - No issues of concern were raised by the Commission and they were in favor of the amendment Upon motion made by Mr. Miller and seconded by Mr. Kriz, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval ofthe proposed amendment for Commercial Sport and Recreation Clubs in the B2 (Business General) Zoning District. This inclusion would amend the Frederick County Zoning Ordinance, Chapter 165, Zoning, Article X, Business and Industrial Zoning Districts, Section 165-82.13, B2 (Business General) District, as follows: 165-82.B.(I) Allowed Uses Commercial Sport and Recreation Clubs 165-145.Definitions Commercial Sport and Recreation Clubs - a public or private fee -supported recreational facility located indoors or outdoors that may include swimming pools, court games, and other similar activities. UPDATE OF THE 2001-2002 FREDERICK COUNTY SECONDARY ROAD IMPROVEMENT PLAN Action - Recommended Approval with Amendment Ms. Amy M. Lohr, Planner H, stated that the purpose of this public hearing is to discuss the 2001-2002 Update to the Secondary Road Improvement Plan for Frederick County and for the Commission to forward a recommendation to the Board of Supervisors. Ms. Lohr stated that the Transportation Committee reviewed and recommended approval of the update at their September meeting. She said that as a part of that approval, two new projects were included in the unscheduled lists of both the Major Road Improvements and Hard -Surface Road Improvements portions of the plan. Under the major road improvements, Ms. Lohr stated that improvements to Victory Road (Rt. 728), as well as the need to relocate a portion of Airport Road (Rt. 645), were placed at the bottom of the unscheduled list, at the request of the Director of the Winchester Regional Airport Authority. Ms. Lohr pointed out that also under major road improvements, Item #2 of the funded list is the Aylor Road (Rt. 647) project and within the plan, this project is scheduled to begin at Fairfax Pike (Rt. 277) and extend to Tasker Road (Rt. 642). Ms. Lohr said that the I-81 Improvement Study has indicated that there is a conflict between Aylor Road and its intersection with Fairfax Pike and the I-81 northbound on-ramp. She said that in an effort to alleviate these conflicts, VDOT plans call for the relocation of Aylor Road at its intersection with Fairfax Pike to occur further to the east. She explained that the funding associated with engineering design and right-of-way acquisition, as well as construction costs, would have to come from the Secondary Road Plan. She said that the costs associated with the right-of-way acquisition alone would be exorbitant due to the need to acquire commercial properties, including the Wendy's restaurant, as well as a commercial property containing a car wash. The cost to acquire these properties in coordination with the location of the roadway would be exorbitant and would, therefore, hinder the completion of the Aylor Road project, if secondary road funds were to be used. Ms. Lohr stated that in light of this new information, the staff Frederick County Planning Commission Minutes of October 4, 2000 Page 558 -6 - would recommend modifying the description for this project within the road plan to read, "From near the vicinity of Harmon Place (Rt. 1025) extending north onto Tasker Road." She noted that by placing the starting point in the general vicinity of Harmon Place, it would alleviate the cost borne by the Secondary Road Plan and the cost for acquiring the commercial properties would fall to the I-81 improvements, rather than the County's Secondary Road Plan and it would facilitate the Aylor Road project in a better manner. Mr. Thomas commented that he and the residents of the area were not pleased with the solution proposed by VDOT for Aylor Road and the Route 277 intersection. He hoped that VDOT could come up with a better solution to the problem and also one that was not so expensive. Mr. Ours agreed with Mr. Thomas's comments. He also believed it wasn't the best approach due to the impacts on Plymn Owens subdivision, which has been here for many years, as well as the business impacts. Mr. Ours was concerned about the plans received from VDOT in the last several years on this; he said that several scenarios have been put forward and nothing seems to be quite right for this area. Mr. Ours stated that everyone should be concerned about the impact this would cause versus the advantages it would bring to the area. VDOT's resident engineer; Mr. Jerry A. Copp, stated that one aspect they are considering with regard to the design of I-81 is moving the interchange further south, which has been requested by both Frederick County and the Town of Stephens City. Mr. Copp stated that they have also looked at what to do with Rt. 277 to get traffic to the new interchange if this happens. He said that if the interchange is moved south, it would be a way of turning Route 277 south at Stickley to tie into the proposed new interchange. Ms. Lohr continued with her report, stating that there were two new hard -surface road improvement projects, Ebenezer Church Road (Rt. 705) and Hollow Road (Rt. 707), that qualified for inclusion in this year's plan. Ms. Lohr briefly noted that Projects 7 through 31 were added to the incidental construction list and several projects were funded from last year's plan. She added that the Transportation Committee made two other recommendations with regard to the Secondary Road Improvement Plan: the first recommendation was for the County to consider the use of Revenue Sharing Funds whenever possible, and second, they suggested that the Board of Supervisors consider implementing an objective rating system for unscheduled Major Road Improvement Projects because of the large number of projects on the list and the inability to objectively determine where a new project should be placed on the list. Chairman DeHaven called for public comments and the following person came forward to speak: Ms. Barbara Burrows, a resident on Klines Mill Road in Middletown, requested that Klines Mill Road (Route 633) remain the number one priority on the list of hard -surface road improvement projects and that the work be finally accomplished. Ms. Burrows commented that Klines Mill Road is in very poor condition. Upon motion made by Mr. Thomas and seconded by Mr. Ours, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend the approval of the 2001-2002 Secondary Road Improvement Plan for Frederick County with an amendment to the description of Item #2 under the Major Road Improvements for the Rt. 647 project to read, "from near the intersection of Harmon Place (Rt. 1025) extending north to Tasker Road (Rt. 642)." In addition, the Commission also endorses the Transportation Committee's recommendations that the County consider the use Frederick County Planning Commission Minutes of October 4, 2000 Page 559 -7 - of Revenue Sharing Funds whenever possible and second, that the Board consider implementing an objective rating system for unscheduled major road improvement projects because of the large number of projects on the list and the inability to objectively determine where a new project should be placed on the list. The vote was as follows: YES (TO APPROVE): Fisher, Kriz, Miller, Ours, Thomas, DeHaven, Marker, Light, Morris, Unger ABSTAIN: Wilson Request to expand the Sewer and Water Service Area (SWSA) to incorporate eight acres of Parcel 86-A- 156, owned by Investment Land Trust (Thomas J. Chasler Trustee), Zoned RA (Rural Areas) District, and located in the northeast quadrant of the intersection at Fairfax Pike (Rt. 277) and White Oak Road (Rt. 636). Action - Tabled at Applicant's Request w/ Exemption from Time Restraints Chairman DeHaven stated that a formal request has been received by the applicant to table this request, as well as a request to grant an exemption on the time restraints for resubmittal. Upon motion made by Mr. Ours and seconded by Mr. Thomas, the Commission unanimously granted the request by Investment Land Trust (Thomas J. Chasler, Trustee) to table consideration of the expansion ofthe SWSA to incorporate eight acres ofParcel 86-A-156 and, in addition, the Commission granted an exemption on the time restraints for resubmitting the request. Request to extend water and sewer service outside of the Sewer and Water Service Area (SWSA) to serve Parcel 86-A-208, owned by Linwood Ritter, zoned MH -1 (Mobile Home Community) District, located at the intersection of Hudson Hollow Road (Rt. 636) and Spotswood Court. Action - Tabled at Applicant's Request w/ Exemption from Time Restraints Mr. Evan A. Wyatt, Deputy Director, presented a request from Greenway Engineering, agent for Linwood Ritter, who has requested the extension of public water and sewer service outside of the Sewer and Water Service Area (SWSA) to serve Parcel 86-A-208, zoned MH- 1(Mobile Home Community) District, containing 5.64 acres, and located at the intersection of Hudson Hollow Road (Rt. 636) and Spotswood Court. Mr. Wyatt said that the applicant has proposed to extend a sewer force main along the east side of Hudson Hollow road which will tie into an existing sewer force main near Fairfax Pike, and to extend a water line along the west side of Hudson Hollow Road, which will tie into an existing 12 -inch water line along the south side of Fairfax Pike. He said this request would require the extension of public water and sewer service approximately 2,000 feet outside of the SWSA boundary limits. Mr. Wyatt added that similar requests to serve this parcel have been considered by the County. Mr. Wyatt stated that on April 26, 1995. the Board of Supervisors denied a request to extend sewer to this Frederick County Planning Commission Minutes of October 4, 2000 Page 560 -8 - parcel, citing that it would establish a precedent; on July 13, 1998, the Comprehensive Plans and Programs Subcgmmittee (CPPS) considered a request to extend water service to this parcel and consented to the water service only, provided that the size of the water line was limited to two inches and was designed specifically to serve the existing uses only on the 5.64 -acre parcel. He said that the request was later denied by the Parks and Recreation Commission, which determined that it would be inappropriate to establish an easement within the Sherando Regional Park for the purpose of allowing a private property owner to tie into the water line within the park. ' Mr. Wyatt further added that the CPPS considered this most recent request during their meeting of September 11, 2000 and believed that it was inappropriate to allow for the extension of public water and sewer service to this parcel. The CPPS felt that it would be prudent to consider this area comprehensively and not deal with piecemeal requests. He said that the CPPS recommended denial of the request and recommended that the Board of Supervisors consider the development of a land use plan for the Fairfax Pike area as a high priority. Commission members inquired about who would bear the cost of running the line and if residential properties would be permitted to hook onto the line. Mr. Wyatt said that the cost of the infrastructure would be borne by the applicant. Mr. Wyatt said that the applicant intends to run the line along the east side of Hudson Hollow Road and his desire is to make the service available to the residential uses along Hudson Hollow Road. He pointed out that Mr. Ritter would provide homeowners with the line, however, the property owners would need to pay for their own laterals and other costs. Mr. Mark Smith of Greenway Engineering, the design/engineering firm representing the applicant, gave some background information regarding the area and why sewer and water is so important to Mr. Ritter at this time. Mr. Smith said that there are ten properties along Route 636; Mr. Ritter owns 17 trailers and five dwellings which are served by a lagoon. At the beginning of the year, the State placed new, stringent ammonia requirements into affect and the Department of Environment Quality is requiring Mr. Ritter to close his lagoon. Mr. Smith said that it makes good engineering sense to install a pump station and hook up to the line, rather than install a treatment station. Mr. Linwood Ritter, the applicant, stated that they had already begun some initial work on the Sherando Park property, with the Parks & Recreation Department's permission; he said that since water is only 120' away and sewer is 250' away, it is the most economical route. However, the Sanitation Authority's Director, Mr. Wellington Jones, contacted him and said that since the property was outside of the UDA, he could not grant permission to tap into the line without County approval. Mr. Ritter added that he already has a right-of-way across park property, for an open sewage ditch which carries drainage out of his lagoon. Mr. Ritter said that he planned to close the open ditch and install pipe so that everything would be cleaned up. Chairman DeHaven called for public comments, but no one was present to speak. Some of the Planning Commissioners voiced concerns about open lagoons and open sewage ditches throughout the County and believed these areas needed to be cleaned up for environmental reasons. The Commissioners were concerned about failing septic systems and polluted wells that exist in this area and believed the County needed to develop a strategy to take care of the problem. Commission members pointed out that if Mr. Ritter's only alternative is a treatment plant, a large amount of money would expended for a replacement system that would still require open flows through a recreational development. Frederick County Planning Commission Minutes of October 4, 2000 Page 561 -9- vuier members ofthe Commission were adamant in their disapproval of extending water and sewer 2,000' outside of the SWSA because of the precedent it would set and the resulting growth that would occur. Commissioners believed it would be more appropriate to consider expanding the SWSA comprehensively rather than on piecemeal requests. Mr. Smith requested that the Commission table his request and he also requested an exemption of the time restraints for resubmitting so he could meet again with representatives of the Parks & Recreation Department, the Planning Staff, and possibly the CPPS. Mr. Smith hoped to produce some potential scenarios to expand the SWSA boundary which would capture the park, Mr. Ritter's property, and some other logical areas. Upon motion made by Mr. Miller and seconded by Mr. Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously table the request to extend water and sewer service outside of the SWSA to serve Parcel 86-A-208, owned by Linwood Ritter, at the applicant's request and with a waiver of the time restraints for resubmitting. Request to expand the Urban Development Area (IJDA) to incorporate 82 acres of Parcel 85-A-138, owned by Dore: ,• Carbaugh, Zoned RA (Rural Areas) District, located on the east side of Town Run Lane (Rt. 1012). Currently, 23 acres of the 105 -acre parcel is located within the UDA. Action - Recommended Approval Mr. Evan A. Wyatt, Deputy Planning Director, stated that a request has been received by G. W. Clifford & Associates, Inc., agent for the Carbaugh Property and Dave Holliday Construction, to expand the Urban Development Area (UDA) to incorporate approximately 82 acres of a 105 -acre parcel. He said the parcel is identified wish P.I.N. 85-A-138, zoned RA (Rural Areas) and is located on the east side of Town Run Lane (Rt. 1012), approximately %2 mile south of the intersection with Fairfax Pike (Rt. 277). Mr. Wyatt said that the Comprehensive Plans and Programs Subcommittee (CPPS) considered this request during their meeting of September 11, 2000 and recommended approval. He said that the CPPS believed that if land was not made available for RP District development, the only alternative would be for the development of five -acre lots outside of the UDA. Mr. Wyatt stated that the CPPS expressed concern that the increased development of land outside of the UDA will exacerbate residential sprawl and increase the cost of providing services to County residents. He said that along with their approval, the CPPS recommended that the Board of Supervisors consider initiating a study to determine appropriate areas for the expansion of the UDA so this issue could be dealt with comprehensively instead of on a case-by-case basis. Mr_ Charles W. Maddox, Jr. of G. W. Clifford & Associates, Inc., the engineering/ design firm representing the applicants, the Dorothy Carbaugh Property and Dave Holliday Construction, came forward to present a technical overview of the project to the Commission. Mr. Dave Holliday, the applicant, suggested when UDA lines are moved in the future, that they follow parcel lines, incorporating an entire tract of land rather than just a portion. He said that because developers are using pump systems, the lines do not have to follow drainage ways. He believed that Frederick County Planning Commission Minutes of October 4, 2000 Page 562 -10 - incorporating the entire parcel would simplify the paper and map work and would also save time for the staff and developers. Mr. Holliday next presented a map showing areas within the UDA that are currently available for development and he pointed out that there are very few parcels available for development for various reasons. He believed that as the County experiences growth, it should be kept near the UDA where services, such as schools, police, and fire and rescue, are located nearby. He believed that to be prudent as a County, the UDA lines named to be expanded. Mr. Holliday said that he was not interested in developing two and five - acre tracts outside of the UDA because of all the drainfield issues. He said that developers are market-driven, and that developers accommodate growth, not create it. He added that this particular property is poor agricultural property. He said that the property is in a trust and the owners want to sell it; the UDA line goes through the middle of this property. He further added that the developers could probably offer an improved road system in this area. There were no citizen comments. The Planning Commission agreed that it was appropriate to move the UDA line to incorporate the entire Carbaugh parcel. Members of the Commission also agreed with the comments from the CPPS concerning the exacerbation of residential sprawl and increased costs of providing services, if more land was not made available for RP development. Upon motion made by Mr. Thomas and seconded by Mr. Unger, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend that the UDA line be expanded to incorporate the entire 105 -acre parcel identified with P.I.N. 85-A-138, currently owned by Dorothy Carbaugh, and located on the east side of Town Run Lane (Rt. 1012), approximately %Z mile south of the intersection with Fairfax Pike (Rt. 277). (Note: Mr. Wilson was not available to vote on this item.) ADJOURNMENT unanimous vote. No further business remained to be discussed and the meeting adjourned at 9:00 p.m. by Respectfully submitted, Kris C. Tierney, Planning Director Charles S. DeHaven, Jr., Chairman Frederick County Planning Commission Minutes of October 4, 2000 Page 563 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/678-0682 MEMORANDUM TO: Frederick County Planning Commission FROM: Evan A. Wyatt, Deputy Director RE: Sewer and Water Service Area (SWSA) Expansion Request from Investment Land Trust DATE: October 17, 2000 Included within this agenda item is information that has been prepared by Triad Engineering, agent for Investment Land Trust. Investment Land Trust has requested to expand the Sewer and Water Service Area (SWSA) to incorporate eight acres of a 50.786 -acre parcel that is located in the northeast quadrant of the intersection of Fairfax Pike (Route 277) and White Oak Road (Route 636). This parcel is identified as Tax Map 86-A-156 and is zoned RA, Rural Areas District. The Comprehensive Plans and Programs Subcommittee (CPPS) considered this request during their November 8, 1999 meeting. During that meeting, members of the CPPS inquired about the proposed improvements to Fairfax Pike, the impacts to the existing sewer facilities within the area, and the potential of having the entire acreage interpreted as being within the SWSA, if the eight acres was incorporated. The CPPS directed the applicant to provide additional information regarding these inquiries, and expressed a preference to have the desired eight acres subdivided from the 50.786 -acre parcel prior to final action. The applicant obtained additional information from the Virginia Department of Transportation (VDOT) and the Frederick County Sanitation Authority (FCSA), and presented the request to the CPPS during their meeting of September 11, 2000. The applicant advised the CPPS that the desired eight -acre portion of this parcel could not be legally subdivided because an approved health system could not be obtained on the property. The applicant presented a plan for the proposed improvements to this intersection that was obtained from VDOT, and advised the committee that the FCSA has a sewer force main with a three-inch line that comes from the Fulton property and adjoins this parcel. The applicant felt that this facility could serve the eight acres desired to be incorporated into the SWSA. 107 North Dent Street 9 Winchester, Virginia 22601-5000 Page 2 Frederick County Planning Commission Re: investment Land Trust SWSA Extension Request October 17, 2000 The CPPS felt that it was inappropriate to incorporate the eight -acre portion of the 50.786 -acre parcel at this time. The CPPS felt that it would be prudent to consider this area comprehensively and not deal with piecemeal requests. The CPPS recommended denial of this request and recommended that the Board of Supervisors consider the development of a land use plan for the Fairfax Pike areas as a high priority. EAW/rsa Attachments FILE: UAEvan\Common\Comprehensive Plan\WatrSewr\Investment Land Trust SWSA_Exp.wpd PO. Box 2397 Winchester, VA 22604 Phone 540-667-9300 FAX 540-667-2260 Mr. Evan Wyatt, Deputy Director Frederick County Planning Department 107 North Kent Street Winchester, Virginia 22601 RE: Sewer and Water Service Area (SWSA) boundary adjustment Dear Evan, August 01, 2000 Since our previous meeting with the Comprehensive Plans and Programs Subcommittee (CPPS) we have prepared a plat showing the eight (8) acre area requested to be added to the Sewer and Water Service Area (SWSA), discussed the plat with the Frederick County Sanitation Authority (FCSA) and Virginia Department of Transportation (VDOT). We are now prepared to move forward with our request and ask that the CPPS consider an adjustment of the SWSA to include the eight acre area shown on the attached plat. We clearly understand that the plat will have to be recorded within a specific time frame after approval of the SWSA boundary adjustment. Both FCSA and VDOT would like time to review the final survey plat prior to your approval. Mr. Jones of FCSA has indicated that his letter of September 21, 1999 is still valid. Mr. Melnikoff of VDOT has indicated that VDOT will require additional right-of-way dedicated along Route 636 (White Oak Road) and possibly some additional right-of-way on Route 277 ( Fairfax Pike). Should the CPPS approve our request we will be happy to condition our request to include review of a final plat by VDOT and FCSA and that the plat be recorded within 90 to 120 days after final approval of our request by the Frederick County Board of Supervisors. Sincerely, TtD EN RING, INC. Step;®ro; yurisin Dire Planning & Development cc: VDOT & FCSA enclosures: plat, VDOT Plan Sheet, Correspondence - VDOT & FCSA Triad Engineering, Inc. Morgantown • St. Albans - Logan Greensburg Winchester • Harrisonburg West Virginia Pennsylvania Virginia CHARLES D. NOTTINGHAM COMMISSIONER COMMONWEALTH H ®f VIRGINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY 14031 OLD VALLEY PIKE EDINBURG, VA 22824 Triad Engineering Attn: Mr. Stephen Gyurisin P. O. Box 2397 Winchester, VA 22604 Dear Triad Engineering Gyurisin: March 14, 2000 JERRY A. COPP RESIDENT ENGINEER TELE(540)984-5600 FAX(540)964-5607 Ref: Route 277 (Fairfax Pike) Project # 0277-034-104, PE101, RW201, M501 Federal Project # STP -277-8( ) intersection Improvement at Route 277 And Route 636 Frederick County The Commonwealth Transportation Board approved the location and major design features of the above noted project on February 17, 2000, as proposed and presented at the October 19, 1999 public hearing. I wanted to apprise you of the design status of this project The Department of Transportation will begin the appraisal and acquisition of right-of-way along with the relocation of utilities. We anticipate advertising for construction in fall of 2000. We sincerely appreciate your involvement and input on this project. If we can be of further assistance, please feel free to call me at (540) 984-5600. rel H. Lineberry, Assistant Resident Engineer BHUvcz Cy Mr. W. Byron Coburn, Jr. Mr. Jerry A. Copp WE KEEP VIRGINIA MOVING FREDERICK COUNTY P.O.SANITATION AUTHORITY Box I377 Winchester VA 22604437/ JAMES T. ANDERSON, CDrairmran ROBERT N. CARPENTER, Vice -chaff main ROBERT F. MOWERY, Sec4rzasurer ESTEN O. RUDOLPIL III JOHN STEVENS GREGORY W. HEWITT September 21, 1999 Mr. Steve Crju&iu G. W. Clifford & Associates, Inc. 200 North Cameron Street Winchester VA 22601 REFERENCED: Dear W. Cryurisin: iuveslment Land Trust WeHington IL Jones, P.E. Exgineei-IDireaor Ph. - (540) 868-1061 Fax. - (546) 868-1429 I have reviewed your request for water and sewer services to the referenced tract. The Authority has water and sewer services available to this property. There is a 12 -inch water line along Route 277 and a 3 -inch force main along Route 636. This force main has limited capacity. The capacity required by the planned development may require the developer to enlarge the force main. The Authority cannot agree to provide services to this tract until the Frederick County Board of Supervisors places it within, the Water and Sewer Service Area or grants permission for the Authority to provide service. If you have any questions, please call me. Ahs Sincerely yours, W. H. Jones, P. E. Engineer -Director VIVA' ER AT YOUR SE!R fICE PHRIEPAREDEFRAOM EX INSTIgqN��GLLjANDggTRERRCOR��DyySTBBRRHAddS [BEEEERRN TRPRA��Sjj F RT0 C�IRCBEE UTMyENTING�AN�OAP�LICABLEOGOVERNMENTALT r ++ REGULATIONS OR ORDINANCES. N47 53 09 E 106.07 N39.17'15"E 160.45' N39056'55"E 117.86' a 0 N `oy J 2� 23.47' a4� a % O^ ph . �c, 00 p0 8.000 ACRES ,yip AO 0h 60,9 23s• 99' "� a� � p� h� N38014'4 "E 81.13sp, " Rp�lF ? 7'41"E .39' e hti 577.46'50"W 122.51' S23'46'05"W 39.52 N72.42'98"E G.J. 24.27 N53'27'55"E 2�S8�S2„ 559.22' 1�"E 49.96' 99, F 156.47 S52°06'21"E N55.11'22"E 149.93' 104.51 N6 39 80? f /E r " S70.21'50"E a 124.60' +. S83.35'19" 86.33' E + prL• r s r 42.786 ACRES Li 512.45' 19"W Z1 237.66' Z w f- $,22°40'09"W 162.70' 537.11'14"W 161.43' O. S 8 S1 m s S a v v Drmrinp 9 Mnb.r+ v 1 OF 1. PC REVIEW: 11/01/00 BOS REVIEW: 12/13/00 CONDITIONAL USE PERMIT #17-00 RHODA W. KRIZ Expansion of Cottage Occupation - Bed and Breakfast (#24-99) LOCATION: This property is located at 547 Apple Pie Ridge Road. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 42-A-206 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: Expansion of CUP #24-99 for a Cottage Occupation, Bed and Breakfast, to provide for receptions and other gatherings such as seminars, etc. 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: Area of the existing dwelling to be utilized shall comply with The Virginia Uniform Statewide Building Code and Section 305, Use Group E (Educational) and Section 303, Use Group A (Assembly) of the BOCA National Building Code. Other code that would apply is CABO A 117.1-92, Accessible and Usable Buildings and Facilities. Please submit a floor plan of the area at the time of permit application for Change of Use and please note that a seal is required on the plan by a licensed Architect/Engineer for both A and E uses. ("E" use does not require a seal if occupancy load is under 50.) ADA parking and building access and egress shall be provided according to CABO Al 17.1-92 and BOCA, Chapter 11, along with accessible plumbing. Note Section 313, Mixed Use Groups of BOCA. Rhoda W. Kriz CUP #17-00 Page 2 October 18, 2000 Fire Marshal: A parking plan for these types of events will identify Fire Department access to the structure and curtilage. Plan approval is recommended. Health Department: The Health Department has no objections to the addition of wedding receptions and seminars. However, any food preparation should be catered from another facility and brought in. No more than 60 persons at one time should attend the wedding receptions or seminars. The current permit for this property indicates a five -bedroom system design. This system is designed to handle 600 g.p.d. of water; there is no implied guarantee of future septic system performance by this department. Planning and Zoning: The proposal before you is a request to amplify the intensity of an existing cottage occupation. Currently, the property is being used as a bed and breakfast. If this Conditional Use Permit (CUP) is approved as requested, the property will also be used for weddings, wedding receptions, and other gatherings. The proposed use meets the conditions of a cottage occupation. A cottage occupation is allowed in the Rural Areas (RA) Zoning District with an approved CUP. The property is located along Apple Pie Ridge Road, approximately 1/3 of a mile north of James Wood High School and Apple Pie Ridge Elementary School. The lot itself is 19.138 acres in size. All adjoining lots are either residential or vacant in use. The property currently fits nicely into the residential nature of the surrounding area. In conjunction with the Frederick County Department of Fire and Rescue, the planning staff believes that the parking and access issue needs to be addressed in this request. In doing so, the staff recommends restricting parking anywhere in the access road. The purpose for this is to maintain complete circulation in the case a fire truck or ambulance is needed. In addition to this, the owner will need to maintain a 14 -fourteen -foot -high clearance throughout the access road. STAFF CONCLUSIONS FOR 11-01-00 PLANNING COMMISSION MEETING: Approval of this conditional use permit would be appropriate with the following seven conditions (conditions 1-4 were placed on the bed and breakfast on December 8, 1999): 1. All review agency comments and requirements shall be complied with at all times. 2. In accordance with Cottage Occupation sign requirements, signage for the proposed use may not exceed (4) four square feet in area. 3. No more that (3) three bedrooms shall be utilized for the bed and breakfast operation. 4. Any expansion of the bed and breakfast shall require a new CUP. Rhoda W. Kriz CUP 417-00 Page 3 October 18, 2000 5. Parking will not be permitted anywhere along the access road of the property if that parking prevents complete internal circulation. 6. The owner is responsible for keeping the trees and vegetation cut to at least 14 feet in height along the entire access road. 7. Any expansion in the location of the gatherings shall require a new CUP. 0:\Agendas\COMMENTS\CUP's\2000\KhodaKrii2.CUP. wpd 2 2J6 P1 IM7, RHODA W 42 'A 207 » v�� 192 u HILLYARD, PAUL W. . o 4Z . .` 3 e� ❑�, Rhoda W. 0 ' 42-A-206 162 . .c. A+ FARLEY, PHILIP C G 42 7 2z: GOOD, JOHN P SR�+r u2 s3 v 42-,,A 205 Woodside P1 130 BALDWIN,RANDO 42 A 202 7 BERN, RICHARD. S JR LEWIS, HENRY E. . 42 1 A 204 4ao C A CUP # 17-00 Location Map For: Kriz, Rhoda V PIN: 42-A-206 Conditional Use Permit 117-00 Submittal Deadline /0.6-0,0 P/C Meeting 11-1-00 BOS Meeting 12--11-20 APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (The applicant if the V" owner other) NAME: r6z�cl L!, K,_ f ADDRESS: --5-47 /'-f iz7 e- 4 ptecef, Vii'y� c�:r j �" 226-C:3 TELEPHONE S-40 f j 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 road or� /street) [/A �5 4 7 ��%f%& Re � l�C� �/�7f< c�' � lil r l �� L G � r z—,"', 7 4. The property has a road frontage of C' feet and a depth of 'e7, `, �; :, 3feet and consists of � /, /r- acres. (Please be exact) 5. The property is owned by ell 'A it k [4)� �,�, as evidenced by deed from p7nh 4 r 14, recorded - (previous owner)'— in deed book no. -7 z on page / as recorded in the records of the Clerk of the Circuit Court, County of Frederick .4 n it d-kQ d kocj< /;v . 6 -2�£ n P".; f 72.1 AZ -5 -ev j EJ rE'• na �� s cla6t G f7i itdif r e df n d 0-7 ed-, 1.1- /%4EcCriC 11-0 96 oef k W ,1��4G�ae'a X 6. 14 -Digit Property Identification No. 4-Q - -,2 C; Magisterial District _ _ 6_�,Af; I-, } Current Zoning i�A 7. Adjoining Property: USE ZONING North z silk P' A East 13, South lldcGrr West r 8. The type of use proposed is (consult with the P before completing) �d �r ,F Ir—, _ t_ _ eu e -z 21f- of- 1rL// Y�t'Cl"6�,�/ •dam: P' � 1,I.�L�L'SC`►��`' •,%l%t�C��J�� /rr �C" f ��!' flr l�-T ,� '�I� ..�6F.7'°!_a[�sr''r'Hc;rs 9. It is proposed that the following buildings will be constructed: /, 0 - C-1- 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 F0 i4f1g41n [d ti 1 5/71111 It F �ILLIa rl ADDRESS PROPERTY ID# 4 -2,4 - 7-02.. NAME _r' �f cl 5 , la -e r car , ADDRESS 5-2-4 PROPERTY ID# 4 % NAME ADDRESS PROPERTY ID# 4 Z , -- �-C7 ADDRESS Z- �>1,' 14 NAME PROPERTY ID# 0- ADDRESS 40-2- ' PROPERTY ID# 4 2 Z-0 &) " " &)""G / CIA z-2 CIO 5 NAME 61.7 P. Koed ��-'---- ADDRESS /� r' ! 2 � � V /d ZZ4 C3 PROPERTY ID# 4 & _ [3 NAME �►c*,�.. /1 Cf'rn rely.. PROPERTY ID# 4219 sem/ ADDRESS ,� ,p rl t -jam NAME' ADDRESS ift%�' yr PROPERTY ID# 4 % NAME ADDRESS PROPERTY NAME 0Dbf,/% f --t 1 -PY ADDRESS Z- �>1,' 14 PROPERTY ID# Akf?El '4 �e7'� AMe 5S:` �� Wo et E✓^r"trt 67teo en 4'- -'7 -'5.� K e-1 VA- 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. ,rte J r Kr �� raT.. i r►��t f� Scw le t Ur r ? l et Ci /.7,::C ac 4 12 . Additional comments, if any: rA/ ,.t &F4 heI iP-.e U rI r,11A S r&p 41.�ss 66,17 10.11 l,4k.► (ti(�,*A r,G V �lJ. �I !a[i ./`s TS 1-6Prrz rC---P i&,)FCd6 G 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. 0 Signature of Applicant I Signature of Owner Owners' Mailing Address &--+-7 1 /, 1,,e, fl,:, 12, WI`I, C6,e 6 /- ( VA, 7�;RC1 � Owners' Telephone No. _ S yo -- 1-,6-0— d 3 I-V TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: a `S COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 5401678-0682 MEMORANDUM To: Frederick County Planning Commission From: Amy M. Lohr, Planner II -�J - Subject: Public Hearing - Request for Endorsement of a Resolution to Adopt Portions of Route 600 into the Virginia Byways Program Date: October 19, 2000 The Board of Supervisors has received a request from the Virginia Department of Conservation and Recreation (VDCR) to endorse the inclusion of Route 600, from Route 55 (Wardensville Grade) to the Shenandoah County line, into the Virginia Byways program. The Transportation Committee reviewed this request at their October 3, 2000 meeting. Members of the committee asked whether such a designation would impact the property owners in the area, financially or otherwise. Because the designation is an act of recognition, acceptance into the program does not preclude a property owner's right to utilize their property in accordance with .local land use provisions. In addition, recognition as a Virginia Byway does not infringe upon VDOT's ability to maintain, construct, improve, and locate roads. Based on the discussion at their meeting, the Transportation Committee unanimously recommended approval of the VDCR request. Included with this memorandum are: 1) a description of the Virginia Byways program; 2) a location map depicting Route 600; and 3) a copy of the letter requesting the endorsement. Staff would request that the Planning Commission make a recommendation which can be forwarded to the Board of Supervisors. AML/ch Attachments U\Amy\Common\PC MemosWa byways designation.wpd 197 North Kent Street • Winchester, Virginia 22601-5000 Virginia Byways - Support Information The purpose of the Virginia Byways Program is to identify outstanding road segments, and to conserve them for the enjoyment of all Virginians, as well as out-of-state visitors (§ 33.1-62, Code of Virginia). The designation is simply an act of recognition. Such a designation is granted by the Commonwealth Transportation Board (CTB) upon recommendation made by a review team consisting of Virginia Department of Transportation (VDOT) and Department of Conservation and Recreation (DCR) personnel. A Virginia Byway is a road said to have relatively high aesthetic or cultural value, leading to or within areas ofhistorical, natural orrecreational significance (§ 33.1-63, Code of Virginia). It should be noted that Route 55 (Wardensville Grade) is currently distinguished as a Virginia Byway. The section of Route 600 recommended for designation is approximately five miles long. Starting at Route 55 and heading south, Route 600 (South Pifer Road) abuts the George Washington National Forest for the first two miles. At the intersection of Routes 600 (South Pifer Road) and 604 (Gravel Springs Road), Route 600 becomes Oates Road and roughly parallels the Forest. At the intersection of Oates Road and Route 601(Paddys Cove Lane), Route 600 becomes Zepp Road. Zepp Road runs into Shenandoah County. The designation does not authorize the state to impose additional regulations on the locality. All land use controls stay with the County. Contained within a CTB resolution to designate a roadway is a statement ensuring that such recognition does not limit the authority of VDOT to locate, construct, improve, and maintain all highways in the state. Jaynes S. Gilmore, III '7overnor John Paul Woodley, Jr. Secretary of Natural Resources C O-MMONWEALTH of VIRLjINIA David G. Brickley Director DEPARTMENT OlF' CONSERVATION AND RECREATION TDA (804) 786-2121 Mr. John R. Riley, Jr. Frederick County Administrator 107 North Kent Street Winchester, Virginia 22601 Dear Mr. Riley: 203 Governor Street, Suite 326 Richmond, Virginia 23219-2010 (804) 786-2556 August 4, 2000 FAX (804) 3*7799 AUQ°UQ4 ri In April, the Shenandoah County Board of Supervisors passed a resolution requesting that a number of roads in the county be considered for designation as Virginia Byways. The Code of Virginia, §33.1-62, requires the Department of Conservation and Recreation (DCR) to coordinate with the Department of Transportation (VDOT) in the designation process. A review team consisting of personnel from DCR and VDOT has reviewed the roads and recommended that a portion of Route 600 in Frederick County, between the Shenandoah County Line and Route 55 at Star Tannery, be included with the designation to create a "logical terminus." The addition of Route 600 could connect with Route 55, an existing Virginia Byway, creating an additional opportunity for an extended driving loop of scenic roads. Under adopted procedures, DCR notifies all affected local governments and seeks their support for the designation of roads that meet the approved screening criteria. The purpose of this letter is to seek the endorsement of the Frederick County Board of Supervisors in the designation of a segment of Route 600 as a Virginia Byway in conjunction with designating roads in Shenandoah County. With an indication of support from your Board, we are prepared to proceed with the designation process for Route 600 as a Virginia Byway. If there are questions or you need additional information, please contact Derral Jones, Planning Bureau Manager, at (804) 786-9042. He has department responsibility for the Byways program and will be able to assist you. Thank you. Sincerely, John R. Davy Attachment cc: The Honorable David G. Brickley Charles D. Nottingham, Commissioner, Department of Transportation Vincent Poling, Shenandoah County Administrator Derral Jones 4 n 4--u2rr !.-f f`--- o�Wr;ren Proposed Virginia Byway Designation Route 600 from Shenandoah Co. Line to Wardensville Pike, Route 55 PH r�OR ededck County Shenandoah County 0 PC REVIEW DATE: 11-01-00 BOS REVIEW DATE: 12-13-00 MASTER DEVELOPMENT PLAN #07-00 COPPERFIELD LOCATION: The property is located on the east side of Brookland Lane (Route 658), approximately 600 feet south of the intersection of Brookland Lane and Valley Mill Road (Route 659). MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBERS: 54-2-3 -and 54-2-4 PROPERTY ZONING & PRESENT USE: Zoned: RP (Residential Performance) District Land Use: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North - Zoned: RP (Residential Performance) District South - Zoned: RP (Residential Performance) District East - Zoned: RP (Residential Performance) District West - Zoned: RP (Residential Performance) District PROPOSED USE: 57 Townhouse Lots REVIEW EVALUATIONS: Use: Vacant (future Park Place Condominiums) Use: Agriculture Use: Residential, Brookland Heights Townhouses Use: Residential, Park View Apts.; Vacant (future Hillsdale Estates Townhouses) Virginia Dept. of Transportation: No objection to preliminary master plan. Before making any final comments, this office will require a complete set of site plans, drainage calculations and traffic flow data from the I.T.E. Trip Generation Manual, Sixth Edition, for review. VDOT reserves the right to comment on all right-of-way needs, including right-of- way dedications, traffic signalization, and off-site roadway improvements and drainage. Prior Copperfield MDP #07-00 Page 2 October 16, 2000 to construction on the State's right-of-way, the developer will need to apply to this office for issuance of appropriate permits to cover said work. Extending Route 658, Brookland Lane improvements to the proposed site should be considered. A left turn lane at Rout 659 had been reviewed at the Route 65 8 intersection. Upon review of Park Place Condominiums, left turn lane remains a VDOT concern. Sanitation Authority: First review approved. Frederick Counly Inspections: No comment required at this time; shall comment at the time of site plan review. Fire Marshal: Requirements of Chapter 90 of Frederick County Code. Plan approval recommended. County Engineer: The proposed stormwater management pond is shown in the southeast corner of the site on a topographic high. It appears that it is going to be very difficult, if not impossible, to promote gravity drainage from the entire site into this location. For example, the adjacent four -unit condos are located in an area approximately 10 feet lower in elevation. Consideration should be given to relocating the detention pond to another location which takes advantage of existing topographic laws. Parks and Recreation: Plan appears to meet open space and recreational unit requirements. Citv of Winchester: No comment. Planning and Zoning: Site History The original Zoning Map for Frederick County (U.S.G.S. Winchester Quadrant) depicts the 7.07 acres as R2 (Residential Limited) District. This acreage was reclassified as RP (Residential Performance) District on September 28, 1983 when this zoning district replaced the R1, R2, R3, and R6 zoning districts. Parcel 54-2-4 is part of Master Development Pian #03-93 for Hillsdale Estates, approved on August 18, 1993. This plan, which has not come to fruition, allowed for the development of 247 townhouses, 32 of which would have been located on the subject parcel. Approval of the Copperfield plan would require an administrative revision to the Hillsdale Estates plan. Parcel 54-2-3 was not part of any Master Development Plan and is being acquired in coordination with this development. Copperfield MDP 907-00 Page 3 October 16, 2000 Project Scope The proposed master development plan would allow for the development of 57 townhouse lots, accounting for 3.86 acres of the 7.07 -acre tract. The development would create an overall gross density of 8.0 units per acre, which is the maximum gross density permitted by the Zoning Ordinance. The minimum lot size requires the developer to provide curb and gutter along all public and private streets and street lights at all street intersections. Sidewalks are required along both sides of all local, collector, and arterial streets. Site Suitability The 7.0777 -acre tract that is proposed for the Copperfield development has approximately 700 feet of frontage along Brookland Lane which allows for two entrances onto the proposed Copperfield Lane. The Frederick County Sanitation Authority has existing water and sewer infrastructure adjacent to this tract which would serve the development. The site proposes a stormwater management pond that is approximately 0.20 acres in area. The County Engineer has inspected the pond and has determined that it would be difficult, if not impossible, to promote gravity drainage from the entire site into this location. It is the County Engineer's recommendation to relocate the detention pond to a more suitable location. The Frederick County Rural Landmarks Survey does not identify significant historic features within the project site or in the vicinity. TIIes 1) Extension of Route 1261 Route 1261 (Little River Drive) serves the Brookland Heights subdivision and currently terminates in that subdivision. An extension of Route 1261 would run parallel to the northern property boundary of the proposed Copperfield development. Although the developer will not directly access Route 1261, a 30 -foot right-of-way should be dedicated for the extension of that roadway. Such a dedication has been included in the plans for Park Place Condominiums, which lies to the north of the subject parcel. The dedication insures that right-of-way for the planned roadway will be available when needed. The extension would provide a link between several townhouse developments, alleviating the need to utilize Valley Mill Road (Route 659) as the sole means of east to west access in this area of the County. The referenced 30 -foot right of way should be dedicated and an appropriate narrative should be included on the final master development plan. Copperfield MDP #07-00 Page 4 Octouer lv, 2000 2) Brookland Lane (Route 658) built to limits of the development Brookland Lane currently serves Parkview Apartments and has not been built up to the point of the proposed development. Therefore, Brookland Lane must be constructed to the limits of the Copperfield development. This should be reflected on the final master development plan. 3) Access When townhouse lots do not abut a public street, individual lots in the development may not be more than 500 feet from a state -maintained road. In the case of Copperfield, there is a 10 foot section of proposed Copperfield Lane which is in excess of 500 feet from Brookland Lane. In accordance with Section 144-24.C(2)b of the Subdivision Ordinance, the Planning Commission has the authority to allow lots to be located as much as 800 feet from a state - maintained road in cases where enhanced circulation is provided with a driveway loop. A waiver of the 500 foot requirement is appropriate in staff's opinion, given the dual points of access located on site. 4) Parking In order to meet minimum impervious surface ratio, the parking areas for the development encroach into the building lots. Therefore, a narrative should be incorporated on the final master development plan describing appropriate access easements for these areas. These easements will need to be clearly depicted and described on the final plats and deed of dedication for this project. 5) Recreational units Two recreational units are required with this development. Although the location of such unit is specified, the types of facilities is unknown. The developer needs to be more specific about the types of recreational units that will be provided. STAFF CONCLUSIONS FOR 11-01-00 PLANNING COMMISSION MEETING: The proposed master development plan is consistent with the policies for suburban residential development as specified in the Land Use chapter of the Comprehensive Policy Plan. The overall gross density and general site layout are consistent with the requirements of the Zoning Ordinance and the Subdivision Ordinance. The applicant will need to address the issues identified by staff, as well as additional issues identified by the Planning Commission and Board of Supervisors prior to final administrative approval of the master development plan. 0: \Agendas\COMMENTS\MDP's\Copperfi eld. wpd SATIAN ENTERPRISES; 54.4 2 1B GLAIZE, FRED L III 54 21 NO, SATIAN ENTERPRISES, INC. 54 2 777mom BOWMAN TRUCKING CO__,, FRED L GLAIZE 54t, 2 4 ZZ -Z, I ROGERS, DONNA B 54B 2 3 110 PREVOST, PATRICIA M. X Loy, RICHARD B. & ANNABE "542;; BRENTWOOD HOMEOWNERS AS ":.,55C , 5 3 89A 71 MDP #07-00 Location Map COPPERFIVI PIN: 54-2-3 54-2-4 Fnr- Frederick County, Virginia Master Development Plan Application Package APPLICATION MASTER DEVELOPMENT PLANT 1. Project Title: Copperfield 2. Owner's Name: Trustees of the Roy L. Rudolph Trust (Roy L. Rudolph, Robert L. Rudolph, Cindi Ann Stern) Bowman Trucking Co., Inc. (James L. Bowman) Fred L. Glaize, III (Please list the names of all owners or parties in interest) 3. Applicant: G -W. Clifford & Associates Inc. Address c% Charles E. Maddox. Jr. 200-N. Cameron St. Winchester VA 22601 Phone (540) 667-2139 4. Design Company: G. W. Clifford & Associates Inc. Address 200 N. Cameron Street Winchester VA 22601 Phone Number (540) 667-2139 E(,. -;"E I V E OCT I! 2000 JFT. QF ° i'1 _i '.� f'I CIFITAIRTT Frederick County, Virginias Master Development Plan Application Package APPLICATION cont'd MASTER DEVELOPMENT PLAN 5. Location of .Property: South of Route 659 (Valley Mill Road) on the east side of Route 658(prookland bane) 6. 'Total Acreage: 7.0777 Acres 7. Property Information: a) Property Identification Number (PIN): b) Current Zoning: c) Present Use: d) Proposed Use: 54-2-3 and 54-2-4 RP Vacant Townhouses e) Adjoining Property Information: See Attachment Property Identification Property Uses North South East West f) Magisterial District: Shawnee 8. Is this an original or amended Master Development Plan? Original X Amended I have read the material included in this package and understand what is required by the Frederick County Department of Planning and Development. I also understand that the master development plan shall include all contiguous land under single or common ownership. All required material will be complete prior to the submission of my master development plana lication. 7 Signature:R E C"."' E I E u Date: OCT 11 2000 Property ID # Name & Address Zoning Use 54-2-1 Satian Enterprises, Inc., 721 Lawton Street, McLean, VA 22101 9561663 Proposed North RP Multi -Family 54-2-1B Satian Enterprises, Inc., 721 Lawton Street, McLean, VA 22101 855-1384 Residential Multi -Family West RP Residential_ 54-2-2 Fred L. Glaize, III, P.O. Box 888, Winchester, VA 22604 790347 Vacant West RP 54-2-5 Richard B. & Annabelle L. Loy, 2836 Lafort Court, Vienna, VA 22180 377.673 Single Family South RP Residential 54B -2-110A Brookland Heights Homeowners Assoc., Inc., P.O. Box 3765, Winchester, VA 742186 Open Space East 22604 RP 54B -2-110B Brookland Heights Homeowners Assoc., Inc., P.O. Box 3765, Winchester, VA 742-186 Open Space East 22604 RP 54B-2-3-110 Donna B. Rogers, 213 Little River Drive, Winchester, VA 22602 71828 Multi -Family East RP Residential 54B-2-3-188 Patricia M. Prevost, 301 Waterford Lane, Winchester, VA 22602 735738 Multi -Family East RP Residential 54B -2-3-244A Brookland Heights Homeowners Assoc., Inc., P.O. Box 3765, Winchester, VA 742186 Open Space East 122604 RP ✓1 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 MEMORANDUM FAX: 540/678-0682 To: Frederick County Planning Commission From: Amy M. Lohr, Planner II -0 ° Subject: Amendments to the Permitted Use Lists of the B2 and B3 Zoning Districts to Allow for Animal Services, Except Veterinary Date: October 19, 2000 Nature of Discussion Staff has received a request from Triad Engineering to consider an amendment to the permitted use lists of the B2 (Business General), B3 (Industrial Transition), and M1(Light Industrial) Zoning Districts to include all uses in Industry Group Number 075 - Animal Services, Except Veterinary. This group includes livestock services and animal speciality services but does not include veterinary services which are classified in Group 074. Group 074 is currently permitted in the B2 and B3 districts, but not in the MI zone. The applicant is interested in establishing an animal service facility that includes a veterinary office, pet day care facility, boarding kennel and pet supply sales area. Use category 075 encompasses two industry numbers, 0751 and 0752. Group 0751 includes performing services, except veterinary, for livestock. Practices such as the breeding and vaccination of livestock, cattle spraying, sheep shearing, and custom slaughtering services are allowed under number 0751. Group 0752 includes performing services, except veterinary, to pets, equine, and other non -livestock animals. Services such as animal shelters, boarding kennels, grooming, training, and vaccinations are permitted uses under this category. Copies of Industry No. 074 - Veterinary Services and No. 075 - Animal Services, Except Veterinary, have been attached for further reference. DRRS Summary The Development Review and Regulations Subcommittee (DRRS) considered the proposed amendments at their July 27, 2000 meeting. The committee reached a general consensus that services for pets, equines, and other animals specialties (Group 0752) are highly appropriate for the B2 and B3 districts. To be consistent with use group 074 as currently permitted, all animals and activities should be kept within the fully enclosed primary structure. Livestock services, on the other hand, are not consistent with the intent of our commercial and industrial districts. Therefore, industry number 0751 should not be permitted in the B2 and B3. 107 Norm Kent Street • Winchester, Virginia 22601-51;00 Amendment to allow Animal Services Page 2 October 17, 2000 With regard to the allowance of animals services in the M1, the DRRS felt that the Industrial Parks Association (IPA) should be involved in the discussion. During their meeting of October 17, 2000, the IPA recommended that animal services not be included in the Ml District. Subsequently, the request for animal services to be permitted in the M1 has been withdrawn. DRRS Recommendation With regard to Animal Services, Except Veterinary, in the B2 and 133 districts, DRRS has made the following recommendation: 165-82.B. B2 Business General District (1) Allowed uses shall be as follows: SIC - 074 Veterinary Services with all activities and animals kept within the fully enclosed primary structure. SIC - 0752 Animal Speciality Services, Except Veterinary, with all activities and animals kept within the fully enclosed primary structure. 165-82.C. B3 Industrial Transition District Allowed Uses SIC - 074 Veterinary Services with all activities and animals kept within the Fully enclosed prim ary structure. SIC - 0752 Animal Speciality Services, Except Veterinary, with all activities and animals kept within the My enclosed primary structure. Planning Commission Action Staff would request that the Planning Commission make a recommendation on the proposed amendments in order to hold a public hearing at their next available meeting. AML/ch Attachment U,WmylCommotiPCMemosWnimal Services in B2_B3_M/.wpd 32 STANDARD INDUSTRIAL CLASSIFICATION AGRICULTURE, FORESTRY, AND FISHING 33 Industry Group Industry Industry Industry No. No. No. 072 CROP SERVICES—Con. 0750. NO. ANIMAL SERVICES, EXCEPT VETERINARY 0722 Crop Harvesting, Primarily by Machine—Con. 0751 Livestock Services, Except Veterinary Berries, machinefillipg Peanut,, machine herveatiting of Nuts, machine harvesting Chopping and silo filling ng of Establishments primarily engaged in performing services, except veterinary, Cimbining, agricultural Sugar beets, machine harm of Cotton, machine harvesting of Sugarcane, machine harvesting of for cattle, hogs, sheep, goats, and poultry. Dairy herd improvement associa- Fruits, machine harvesting of Threshing eervim tions are also included in this industry. Establishments primarily e engaged in Grain, machiowing„r harvesting of vegetable,, ,cathine harvesting of raking. baling, end `�¢ the fattening of cattle are classified in Industry 0211. Establishments engaged p�OW1Dg' in incidental feeding of livestock as a part of holding them in stockyards for 0723 Crop Preparation Services for Market, Except Cotton Ginning periods of less than 30 days (generally in the course of transportation) are ed Trasportation and Public Utilities, Industry 4789. Establish- Establishments Establishments primarily engaged in performing services on crops, subse meats a engaged in performing services, except veterinary, for ani- quent to their harvest, with the intent of preparing them for market or fur- mals, except cattle, hogs, sheep, goats, and poultry ry are classified in Industry ther processing. Establishments primarily engaged in buying farm products 0752. for resale to other than the general public for household consumption and which also prepare them for market or further processing are classified in artificial insemination services: live- Pedigree record nervine, for cattle, stuck bogs, sheep, goats, and poultry Wholesale Trade. Establishments primarily engaged in stemmingand ,,,,,,,,d,7r.,y.� ��+.y' Breeding a livestock Sheep dipping c and sheering Cattle spraying showing of matehogs, sheep, goat, ing tobacco are classified in Manufacturing, Industry 2141. cleaning poultry ecopa and poultry Bean cleaning Nut hulling and shelling Dairy herd ement associations - Slaughtering, custom: for inclividusis Livestock breading cinating live except by ve4ri- Vacarlans Cotton � Packaging fresh or farm-dried finite Mimi, Milk testing for butterfat •.� Drying of corn, bay, fruits, and Peanut �� custom 0752 Animal Specialty Services, Except Veterinary vegetables Fdecorticetsng and retting Seed cleaning Fruit precooling, not in connection with Sorting. grading, and peeling of fruits Establishments primarily engaged in performing services, except veterinary, transportation and vegetables for pets, equines, and other animal specialties. Establishments primarily en- Fruit Grain cleaning Tobacco T aling Sweet n toeradie curing gaged in performing services other than .veterinary for cattle, hogs, sheep, Grain fumigation Vegetable precooung, Dot in connection goats, and poultry are classified in Industry 0751. Establishments primarily Grain grinding' custom with transportation Moes ginning Vegetable vacuum cooling engaged in training racehorses are classified in Services, Industry 7948. 0724 Cotton Ginning Animal shelters Pedigree record services for pats and Artificial insemination service,: animal other animal specialties Establishments primarily engaged in ginning cotton. Boardingspecialhorses Showings ins pate and omni animet app Cotton ginning Gins, cotton: operation of Cotton pickery Boarding kennels Training horses, except racing Breeding of animals, other tLan rattle, Training of pets and other animal spe- hogs, sheep, goatih and poultry cialties 074 VETERINARY SERVICES Dog grooming Vaccinating pets and other animal spec Dog 0741 Veterinary Services for Livestock pounds ciaitiea, except by veterinarians Loney straining on the farm Establishments of licensed practitioners primarily engaged in the practice of 076 FARM LABOR AND MANAGEMENT SERVICES veterinary medicine, dentistry, or surgery, for cattle, hogs, sheep, goats, and 0761 Farm Labor Contractors and Crew Leaders poultry. Establishments of licensed practitioners primarily engaged in treating Establishments primarily engaged in supplying labor for agricultural pro- all other animals are classified in Industry 0742. duction or harvesting. Establishments primarily engaged in machine harvest- Animal hospitals for livestock Veterinary services for livestock ing are classified in Industry 0722. Veterinarians for livestock 0742 Veterinary Services for Animal Specialties Crew leaders, farm Libor. contract Farm labor contractors 0762 Farm Management Services Establishments of licensed practitioners primarily engaged in the practice of veterinary medicine, dentistry, or surgery, for animal specialties. Animal spe- Establishments primarily engaged in providing farm management services, cialties include horses bees fish, fur be acing animals, rabbits, dogs, cats, and management or complete maintenance of citrus including drag p groves, orchards, other pets and birds, except poultry. Establishments of licensed practitioners and vineyards. g> harvestin g, or other lti ti include Such activities may cultivating, v primarily en veterinary hogs, p, goats, and p y gaged medicine for cattle ho ghee specialized activities, but establishments primarily engaged in performing poultry are classified in Industry 0741. d Indus such services without farm management services are classified in the a � PPre- priate specific industry within Industry Group 072. Animal hospitals for pate and other Veterinary services for pate and other animei specialties animal specialties Pet hospitals Citrus grove management and mainte. Vineyard management and mainte mance, with or without crop servicea nance, with or without crop services Veterinarians for pets and other Farm management services animal epeciattiea Orchard management and nminte• nance, with or without crop services P O. Box 2397 Winchester, VA 22604 Phone 540-667-9300 FAX 540-667-2260 Mr. Kris Tierney, Planning Director Planning Department 107 North Kent Street Winchester, VA 22601-5000 RE: Request for Zoning District Ordinance Revision Animal Service Facilities Dear Kris, , K ";,. � ro � June 5, 2000 1 I UN 0 WOO Triad Engineering, Inc. (TRIAD) requests that the Frederick County Zoning Ordinance be amended to allow Animal Service Facilities in the B-3 and M-1 Zoning Districts. We wish to establish an animal service facility that includes a veterinary office, a pet day care facility, boarding kennels and a pet supply sales area. We have meet with your staff and have received the following e-mail- from Mr. Chris Mohn regarding our request: "In accordance with Section 165-82. C. of the Frederick County Zoning Ordinance, Veterinary Services (Standard Industrial Classification 074) uses are permitted in the B3 District. A veterinary services establishment is an operation principally engaged in the provision of medical, dental, and surgical care for animals. The operation of a veterinary services business may include accessory kennel facilities. However, such facilities may only be utilized to board animals who are actively receiving medical, dental, or surgical treatment via the veterinary services establishment. The operation of boarding kennels to include pet day care establishments is included under Standard Industrial Classification 075, Animal Services, Except Veterinary. This use group is not permitted in any of the commercial or industrial zoning districts of Frederick County. In accordance with Section 165-51.K. of the Zoning Ordinance, a kennel use is permitted in the RA (Rural Areas) Zoning District with a Conditional Use Permit approved by the Board of Supervisors. Therefore, under current Zoning Ordinance provisions, the development of an animal services facility would not be permitted under any circumstance within the B3 District. Triad Engineering, Inc. Morgantown • St. Albans • Logan Greensburg Winchester • Harrisonburg West Virginia Pennsylvania IVirginia W. Kris Tierney June 6, 2000 As we discussed previously, the only option that may ultimately enable the establishment of a boarding kennel or pet day care use on B3 zoned property is the successful amendment of the Zoning Ordinance to include the Animal Services, Except Veterinary SIC group in the permitted use list of the B3 District. Until such an amendment occurs, staff will be unable to approve any development proposal for an animal services facility in the B3 District. " The facility envisioned is a veterinary office with pet day care, boarding kennels, and pet supply sales on one site with three to four buildings and all animals„ kept inside. This is a facility located in a retail/wholesale environment that caters to the working family with pets. A veterinary office would be located in one building with pet grooming and pet supply sales. In an a separate, but probably attached building, the pet day care operation would cater to customers that wish to drop off their pet for a short period of time during the day. Other buildings would house the boarding kennel operation for longer term pet care. The kennels would be used for pets receiving veterinary services and for pet owners just requiring boarding services. The facility is managed on a twenty-four hour basis. TRIAD requests that the Planning Commission and Board of Supervisors consider revisions to the zoning ordinance to clearly allow such facilities in the B-2 Zoning District and to also permit the use in B-3 and M-1 Zoning Districts. We believe that the most appropriate zone is the B-3 zone for this type of use, but feel that both B-2 and M-1 are suitable considering the nature of the planned business. The business of serving pet .owners has changed over the years to facilities that have all pet related services on one site in a location easily accessible to customers. A suggested possible amendment to allow industrial structures closer to railroad lines is as follows: An amendment to the Frederick County Code; Chapter 165, Zoning; Article X, Business and Industrial Zoning Districts; Section 165--82 District Use Regulations; B. B-2 Business General District, C. B-3 Industrial Transition District, and D. M-1 Light Industrial District with the addition of the following: Allowed uses - Boarding kennels with pet day care, pet supply sales and veterinary services. Veterinary offices with pet supply sales, pet day care and boarding kennels. Standard Industrial Classification (SIC) - 074 / 075 Mr. Kris Tierney June 6, 2000 Kris, Chris Mohn was handling this and I trust that you have the information that was discussed. Should you need additional information or our notes, please call. Thank you in advance for your help with this matter. Sincerely, TRIAD ENGINEERING, INC. 4-6t-71e— Stqg6".- Gyurisin Director of Planning & Development enclosures tlullu6l uG1 Y 1 c I'4 I11L1GJ Subject: Animal Service Facilities Date: Tue, 25 Apr 2000 10:48:42 -0400 From: "Christopher M. Mohn" <cmohn@co.frederick.va.us> To: Steve Gyurisin <smg@visuallink.com> CC: "alohr@co.frederick.va.us" <alohr@co.frederick.va.us>, "mruddy@co.frederick.va.us" <mruddy@co.frederick.va.us> Steve, This correspondence is in follow-up to our conversation of April 20, 2000, regarding the permissibility of animal service facilities consisting of boarding kennels, pet day care services, and veterinary services in the B3 (Industrial Transition) Zoning District. In accordance with Section 165-82.C. of the Frederick County Zoning Ordinance, Veterinary Services (Standard Industrial Classification 074) uses are permitted in the B3 District. A veterinary services establishment is an operation principally engaged in the provision of medical, dental, and surgical care for animals. The operation of a veterinary services business may include accessory kennel facilities. However, such facilities may only be utilized to board',;animals who are actively receiving medical, dental, or surgical treatment via the veterinary services establishment... The operation of boarding kennels to include pet day care establishments is included under Standard Industrial Classification 075, Animal Services, Except Veterinary. This use group is not permitted in any of the commercial or industrial zoning districts of Frederick County. In accordance with Section 165-51.K. of the Zoning Ordinance, a kennel use is permitted in the RA (Rural Areas) Zoning District with a Conditional Use Permit approved by the Board of Supervisors. Therefore, under current Zoning Ordinance provisions, the development of an animal services facility would not be permitted under any circumstance within the B3 District. As we discussed previously, the only option that may ultimately enable the establishment of a boarding kennel or pet day care use on B3 zoned property is the successful amendment of the Zoning Ordinance to include the Animal Services, Except Veterinary SIC group in the permitted use list of the B3 District. Until such an amendment occurs, staff will be unable to approve any development proposal for an animal services facility in the B3 District. Please do not hesitate to contact me should you have any questions or need for elaboration regarding this matter. Sincerely, Chris Christopher M. Mohn, Planner II Department of Planning and Development County of Frederick, Virginia of 1 4/26/2000 8:08 AM