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PC 07-07-99 Meeting Agenda
AGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia JULY 7, 1999 7:00 P.M. CALL TO ORDER TAB 1) May 5, 1999; May 19, 1999; and June 2, 1999 Minutes ........................ A 2) Application Action Summary ........................................... B 3) Committee Reports ............................................... (no tab) 4) Citizen Comments.................................................(no tab) PUBLIC HEARING 5) Conditional Use Permit #02-99, submitted by SBA, Inc. (Dr. Raymond Fish Property) to erect a 180' self-supporting monopole telecommunication facility. This property is located at the end of Hopewell Road (Route 672) past the AA Mobile Market. The site is identified with Property Identification Number 33-A-164 in the Stonewall Magisterial District. (Continuation of a Public Hearing; tabled at the 4-7-99 meeting) (Mr. Ruddy) ........................................................ C 6) Conditional Use Permit #03-99, submitted by SBA, Inc. (Richard M. Cooley Property) to erect a 250' self-supporting lattice tower telecommunication facility. This property is located at 173 Catlett Lane, and is identified with Tax Map Number 1-6A (Warren County parcel number), a portion of which extends into Frederick County within the Opequon Magisterial District. (Continuation of a Public Hearing; tabled at the 4-7-99 meeting) (Mi. Ruddy) ........................................................ D 7) Conditional Use Permit #10-99 of Glenn and Natalie Miller (GEM Limousine), submitted by Greenway Engineering, for a Cottage Occupation to operate a limousine service. This property is located at 1100 Front Royal Pike and is identified with Property Identification Number 64D -A-17 in the Shawnee Magisterial District. (Mr. Mohn)........................................................ E 2 8) Rezoning #12-99 of Dave and Viola Orndorff, submitted by Greenway Engineering, to rezone 6.0 acres from RA (Rural Areas) to B2 (Business General). This property is located on the south side of Tasker Road (Rt. 642), and on both sides of Tadpole Lane, and is identified with Property Identification Number 76-A-43 in the Shawnee Magisterial District. (Mr. Wyatt)........................................................F 9) Rezoning 413-99 of Lenoir City Company (Stonewall Industrial Park), submitted by G.W. Clifford & Associates, Inc., to rezone 7.5 acres from MH1 (Mobile Home Community) and 25.7 acres from RA (Rural Areas) for a total of 33.2 acres to M1 (Light Industrial). This property is located on the west side of Welltown Pike (Rt. 661), approximately 3,100 feet north of the intersection of Welltown Pike and McGhee Road (Stonewall Industrial Park), and is identified with Property Identification Number 43-A-63 in the Gainesboro Magisterial District. (Mr. Wyatt).......................................................... G PUBLIC MEETING 10) Master Development Plan #03-99 for Commonwealth Business Center, submitted by G. W. Clifford & Associates, Inc., for the development of an industrial park on a 37.2759 - acre site. The site is located at 3657 Valley Pike and is identified with Property Identification Numbers 75 -A -91A and 63-A-85 in the Back Creek Magisterial District. (Mr. Ruddy) ........................................................ H 11) Other 7/Z) "qb_ 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 May 5, 1999. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; John R. Marker, Back Creek District; Marjorie H. Copenhaver, Back Creek District; John H. Light, Stonewall District; W. Wayne Miller, Gainesboro District; Richard C. Ours, Opequon District; Roger L. Thomas, Opequon District; S. Blaine Wilson, Shawnee District; Terry Stone, Gainesboro District; George L. Romine, Citizen at Large; Robert M. Sager, Board Liaison; and Jay Cook, Legal Counsel. ABSENT: Robert A. Morris, Shawnee District; and Vincent DiBenedetto, Winchester City Liaison. STAFF PRESENT: Kris C. Tierney, Planning Director; Evan A. Wyatt, Deputy Director; Chris M. Mohn, Planner II; and Renee' S. Arlotta, Clerk. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. APPLICATIONS ACTION SUMMARY Chairman DeHaven accepted the report for the Commission's information_ COMMITTEE REPORTS Sanitation Authority (SA) - 04/27 Mtg. Mrs. Copenhaver, Planning Commission Liaison to the SA, reported that the water line from Senseny Road to Route 7 is in service, the Apple Valley water line is almost complete, and the Northwest Storage Tank is pending property owners' signatures. She said that a joint meeting with the Board of Supervisors is scheduled for May 26, 1999. Frederick County Planning Commission Minutes of May 5, 1999 Page 352 -2 - PUBLIC HEARINGS Conditional Use Permit 906-99 of the Winchester Chapter of the Izaak Walton League for an outdoor recreation area including shooting area and wildlife reserve. This property is located at 2863 Millwood Pike and is identified with Property Identification Number 77-A-72 in the Shawnee District. Action - Tabled for 90 Days Mr. Christopher M. Mohn, Planner II, read the background information and review agency comments. Mr. Mohn said that the existing Izaak Walton facility is considered a non -conforming use since it was established prior to the County's conditional use permit requirement. He explained that the proposed outdoor shooting range and wildlife reserve will expand the facilities of the 149 -acre outdoor recreation area maintained by the Winchester Chapter and, at present, this recreation area consists of a lodge building, three picnic shelters, facilities for bow and rifle target shooting, as well as areas designated for camping and fishing. Mr. Mohn continued, stating that the proposed outdoor shooting facility will cover an area of approximately three acres and consist of a small bore rifle range, a shotgun patterning range, and a trap range designed to the specifications of the National Rifle Association (NRA) Range Manual. He said that the applicant has indicated that earth berms will be constructed behind the target areas of both the small bore and shotgun patterning ranges. He said that the staff has confirmed that the proposed range facility is located in excess of 1,000 feet from the nearest residential use, which is located east of the recreation area on Carpers Valley Road (Rt. 723). He noted that the area designated for the facility is surrounded by mature vegetation and set back approximately 130 feet from the nearest property line, which adjoins a vacant parcel of land. The Commission members and staff discussed distances from the proposed range to existing and possible future residences, the type and size berms proposed, lighting, and hours of operation. Mr. Brad Johnson, President of the Winchester Chapter of the Izaak Walton League, and Mr. Larry Bell, member of the Board of Directors of the Winchester Chapter of the Izaak Walton League, were present to speak with the Commission about their conditional use permit request. Members of the Commission inquired about the hours of operation for the shooting area and Mr. Johnson replied that the hours of operation for their current facility are dawn to dusk Monday through Saturday and 9:00 a.m. until dusk on Sundays. Members of the Commission asked how outsiders are prevented from entering the area. Mr. Johnson stated that the members are required to display pouches with membership cards, and it is up to club members to make sure that no outsiders are on the property. Mr. Johnson said that they do not have a locked gate or manned entrance to club property to prevent outsiders from coming in. Members of the Commission inquired if club members have discussed liability to the club of allowing persons to shoot unsupervised at the facility. Mr. Johnson said that the club provides orientation for new members which covers rules and safety issues; however, it is up to individual members to police each other to make sure everyone is safe. Another question from the Commission centered on different types of berms for iiie shooting Frederick County Planning Commission Minutes of May 5, 1999 Page 353 -3 - range and if the club experienced ricochets. Mr. Johnson replied that the facility and berms were constructed in accordance with the National Rifle Association's (NRA) Range Manual and arc maintained yearly. Mr. Johnson read a list of range rules to the Commission. Commission members inquired if there was a limitation on the type of firearms allowed on the existing range and if range wardens or officers were available to supervise shooting. Mr. Johnson said that no fully automatic weapons were permitted and there was no limitation on the caliber of weapon. He added that range officers are available only at special shooting events. Chairman DeHa.ven called for public comment and the following persons came forward to speak: Mr. Robert Mitchell, attorney representing a number of residents from Frederick and Clarke Counties with respect to this application, stated that adjoining property owners and other nearby property owners are experiencing problems with the existing, limited shooting range involving safety and noise. Mr. Mitchell said that the applicant's proposal is for a substantial expansion of the existing range and will create an expansion of noise and risk for the affected property owners. Mr. Mitchell did not believe the hours of operation were appropriate. He also did not believe that the applicant had been required to submit information that was especially relevant to the issues; for example, no information was submitted in the form of a site plan that would show where the facility is located as far as elevation or if the facility was being placed in the best location to limit adverse impacts, in the form of noise and risk, to surrounding property owners. Mr. Mitchell did not believe that the proposed expansion met the standards for approval of a conditional use permit and his clients are requesting that the application be denied. Mr. Ed Keenan, resident of Frederick County for the past 29 years, said that he owns over 200 acres of property adjoining Izaak Walton, both in Frederick and Clarke Counties, and he was opposed to an additional shooting area. Mr. Keenan said that the existing range, which is located behind his barn, has been in existence for the past 30-50 years without a conditional use permit. Mr. Keenan next read a letter, dated February 16, 1990, from the Secretary of the Izaak Walton League, John Owens, regarding adjoining property owners' cattle roaming on the club property. (In summary, the letter concerned the safety of club members and their guests and the safety of the cattle. The letter also stated that the Sheriff's Office had advised the club that Izaak Walton League had the right to remove the cattle to the livestock market and to retain them until any damages and cleanup fees incurred by the club were been paid.) Mr. Keenan continued, stating that he responded in writing to Mr. Owens of the Izaak Walton League, but received no reply. In summary, Mr. Keenan reported that damages to the dividing fence line between his property and the Izaak Walton League's property had occurred by fallen trees from the club property. Mr. Keenan invited club representatives to walk the fence line with him and contribute to the needed repairs. Mr. Keenan reported showing club members a cottage cheese container full of ricocheted projectiles picked up from his land and the problem still exists. Mr. Keenan believed that the shooting range area should be relocated and turned in some other direction instead of towards his barns and hill fields. Mr. Keenan expressed concern for his family, friends, guests, and livestock when bullets impact in front of them, not knowing if they will be struck by a ricochet. Mr. Keenan said that on April 12, 1999 he sent another letter, to both the local chapter and to the National Regional Area Manager in Arlington, Virginia. In summary, the letter raised the issue of the rifle range impact area and the fact that they continue to encounter ricochets or wild shots from the rifle range and this was a serious situation needing attention. He again raised the issue of fence Frederick County Planning Commission Minutes of May 5, 1999 Page 354 -4 - maintenance, stating that he continues to maintain the fence line solely on his own. He also raised the issue of a noise problem all hours of the day and night, which included rapid fire, similar to semi-automatic and automatic firearms. Mr. Keenan said that he would like to see no above -ground rifle range. He was opposed to an above -ground facility because of the impacts on the surrounding community in the form of safety concerns, the affect on property values, the affect on possible home site development for his children and grandchildren, and noise pollution. Mr. Agostino Von Hassell, resident of Clarke County, stated that he can hear shooting at the rifle range on a daily basis. Mr. Von Hassell agreed with the comments made prior to his; however, he wanted to emphasize that the current record of the League does not in any way suggest they will observe rules or be safe about the operation of the new range. Mr. Von Hassell said that his wife has been keeping a careful record of when shooting starts on Sundays, sometimes as early as 6:15 a.m., and often shooting is occurring well after darkness sets. Mr. Von Hassell stated that because he has spent a fair amount of time in combat operations with the Marine Corp, he is familiar with the sounds of semi-automatic and automatic weapons and both are being used on a frequent basis. He believed the club should provide qualified, professional supervision and a duty roster. He also believed that a private range should be made to uphold the same standards as a military range. Mrs. Susan Shumaker, a renter on the Golightly ranch for the past three years, said that the first year she lived in her home, she avoided being out-of-doors because she was afraid of the gunfire; however, after three years, she has become accustomed to it, but still feels unsafe in her own yard. Her two main concerns were safety and noise. She reported calling the State Police regarding automatic weapon fire. She is worried about use of the range at all hours of the day and night, as early as 6:00 a.m. and into the night as late as 11:00 p.m., far later than anyone can possibly see what they are doing. On the rare occasion she gets a call through to Izaak Walton, the reply has been, "we have no way of knowing who that is." Ms. Shumaker asked, where is the supervision? She said it was obvious from these conversations that Izaak Walton League is unwilling to cooperate with the neighbors; she said the conversations made it clear that, not only did they not know who was responsible, they were not going to make an attempt to find out. Mrs. Shumaker believed that before lzaak Walton even considers expansion, they should be able to prove they are better able to manage the activities that are currently available. She believed that they should set and enforce the hours the range can be used, limit the type of weapons and exclude automatic and semi-automatic, and provide supervision during all hours of operation. She added that supervisors should be qualified to determine the sobriety and the level of knowledge of members using the range. Mr. David Lamp, an adjoining property owner with a residence located directly across from the gun range, said that he, too, has heard gun shots as late as 10:00 and 11:00 at night, as early as 6:00 and 7:00 a.m., and at 8:30 a.m. on Sundays. Mr. Lamp said that 'man attempt to seethe facility, he has freely driven onto the property, the gate is wide open, without anyone stopping or questioning him. Mr. Lamp said that he measured 900' from his residence to the club's #8 shooting bench and 500' from his horse paddock to the #8 bench. Mr. Lamp said that he has children and is concerned about where the shots are going. Mr. Lamp reported finding a dead doe with multiple pellet wounds in the creek across from the target area last October, one month before gun season. The incident that was of the greatest concern to him, however, occurred one Sunday in March, while he was working on the fence at his horse paddock. Mr. Lamp witnessed approximately a dozen balloons flying on a line over the trees from the Izaak Walton gun range. He said that when the balloons crossed the creek and were over top of the pine and cedar trees on his property, he heard a gun shot and saw a couple balloons pop and, as the balloons continued to come further onto his property, he heard Frederick County Planning Commission Minutes of May 5, 1999 Page 355 -5 - another shot fired and saw more balloons pop. Mr. Lamp said that he walked under the balloons, which were approximately 30' in the air above his head, and he noticed three individuals at the gun range. One individual had a fishing rod with the line tied to the balloons and the two shooters were not at the benches, but standing out in the open lawn area. He said that he shouted to the individuals and they left the area. Mr. Lamp said that both he and his wife, Kathleen, telephoned several times and could not get an answer. Mr. Lamp also reported hearing, on another occasion, a 20-30 round burst of automatic gun fire. Mr. Lamp stated that the problem is that no one mans their club house phone, there is no control, and no one in charge on a regular basis. Mrs. Kathleen Lamp, wife of David Lamp, disagreed with Izaak Walton League's President, Brad Johnnson's, statement that this area was sparsely populated. She said that she has four children, ages 15, 13, 9, and 2 and is concerned for their safety. Mrs. Lamp said that her nine-year-old son was with her husband the day the balloons were being shot over their heads. Mr. Warren Golightly, an adjoining property owner, stated that this is no longer a rural area. Regarding the shooting range, Mr. Golightly stressed that there is no respect for curfew, there is firing of automatic, illegal weapons, there is no supervision, there is noise pollution and reduced property values. He said that the firing range is aimed directly at his home. He has found spent shells on his property, his animals are spooked by the gunfire, and his clients, friends, and tenants are disturbed by the noise. Mr. Robert Mitchell came to the podium once again and stated that according to the mission statement of the National Association of the Izaak Walton League, this is a conservation organization and not a gun club. He said that denial of the application would not impair the mission of this organization. No one else remained to speak and Chairman DeHaven closed the public portion of the meeting. Mr. Thomas moved to make all the letters read and presented a part of the official record. This motion was seconded by Mr. Ours and unanimously passed. Mr. Johnson and Mr. Bell next answered more questions from the Commission. The Commission believed the present situation at the Izaak Walton League left the organization open to an extreme amount of liability and a terrible situation presently exists there. It was noted that not just one neighbor was complaining, but every neighbor the club has. The Commission believed the organization was lacking in the areas of access control, supervision, and possible ricochets on other properties. They believed that a shooting range could not be operated, in this day and age, in this manner. Members of the Commission believed that the Izaak Walton League needed to provide regular, controlled supervision, utilizing supervisors who are trained to monitor a shooting range. Although the Commission was not opposed to the Izaak Walton League having a shooting facility, they were not prepared to support one under the conditions that presently exist. Members of the Commission suggested the possibility of relocating the range on the property. Commission members commented that the Izaak Walton League needed to take an introspective look and they needed to be more responsive to the neighbors. The Commission believed that this conditional use pen -nit needed to be tabled until the League can work on their present situation and determine how the new facility would be operated. Some members of the Commission believed that all shooting should stop until the situation is made safer. One of the. members suggested that the League work with the State Police, the Sheriff, and the 4-H Club to raise money for an underground shooting range. Frederick County Planning Commission Minutes of May 5, 1999 Page 356 M Upon motion made by Mr. Light, seconded by Mr. Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously table for 90 days Conditional Use Permit #06-99 of the Winchester Chapter of the Izaak Walton League for an outdoor recreation area, including a shooting area and wildlife reserve, in order to give the applicant the time necessary to present a plan for the proposed shooting range that addresses the concerns raised by the Commission and the neighbors. Conditional Use Permit #07-99 of Caroline R. Sandy for a Cottage Occupation to operate a hair salon. This property is located at 1204 Greenwood Road and is identified with P.I.N. 65-A-3 in the Shawnee Magisterial District. Action - Recommended Approval Mr. Christopher M. Mohn, Planner II, read the background information and review agency comments. Mr. Mohn said that the applicant plans to establish a hair salon within a detached two -car garage that is planned for construction in the rear of the subject property. He said that there will be no other employees other than Mrs. Sandy. The applicant and owner of the property, Mrs. Caroline R. Sandy, was present at the meeting. There were no citizen comments. No issues ofconcern were raised by the Planning Commission. Commission members believed that the proposed use could operate on the property without significant impact on the surrounding community, assuming compliance with all of the review agency requirements and the stars recommended conditions. Upon motion made by Mr. Thomas and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #07-99 of Caroline R. Sandy to operate a hair salon, with the following conditions as recommended by the staff: All review agency comments and requirements must be complied with at all times. Any expansion of the use will require approval of a new conditional use permit. 3. Signage installed for the approved use may not exceed four (4) square feet in area. Frederick County Planning Commission Minutes of May 5, 1999 Page 357 -7 - Rezoning #09-99 of Jasbo/Glaize, submitted by Painter -Lewis, P.L.C., to rezone 11.2662 acres from MH1 (Mobile Home Community) to B2 (Business General). This property is located on Front Royal Pike (Rt. 522), approximately .73 miles south of Millwood Pike (Rt. 50), and is identified with P.I.N. 64-A-9 and 64 -A -9A in the Shawnee Magisterial District. Action - Recommended Approval with Proffers Mr. Evan A. Wyatt, Deputy Planning Director, read the background information and review agency comments. Mr. Wyatt reported that the rezoning is consistent with the Route 50 East Corridor Plan and the policies established in the Comprehensive Policy Plan. He said that the applicant's proffer statement allows for this acreage to be directly served by Premier Place and provides for future signalization at this intersection with Front Royal Pike. He stated that the applicant's proffer provides a monetary contribution to mitigate the impacts to Fire and Rescue Services as demonstrated by the results of the Capital Facilities Impact Model. Mr. John C. Lewis of Painter -Lewis, P.L.C. was present to represent the owners, Jasbo, Inc. and Fred L. Glaize, III. Mr. Lewis focused his comments on the property boundaries with respect to Premier Place and an adjoining, intervening parcel to the south. He said that the intervening parcel has an irregular shape and does not lend itself well to development, while the subject parcel does not have adequate access. He said that as indicated by the proffer, the property owner intends to vacate the property line between the 11.2662 -acre site and the property to the south to provide direct access from Premier Place. Mr. Lewis said that the combined parcels, totaling 13 acres, will have direct access and will be better suited for development. There were no public comments. Members of the Commission inquired if the existing entrance on the subject property would be eliminated and the applicant replied that it would. No other issues or concerns were raised by the Commission. Upon motion made by Mr. Marker and seconded by Mr. Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Rezoning Application 409-99 of Jasbo/Glaize, submitted by Painter -Lewis, P.L.C., to rezone 11.2662 acres from MH1 (Mobile Home Community) to 132 (Business General) with the proffers as submitted by the applicant and the understanding that the existing entrance to this property will be eliminated. Frederick County Planning Commission Minutes of May 5, 1999 Page 358 -8 - Rezoning #10-99 of DeHaven/Orndorff ("Mr. Fuel"), submitted by G. W. Clifford & Associates, Inc. to rezone 9.4382 acres from M2 (Industrial General) to B3 (Industrial Transition), and .8263 acres from RA (Rural Areas) to B3 (Industrial Transition); and to rezone 10.2645 acres (the total area proposed to be rezoned from M2 and RA Districts to B3 District) to IA (Interstate Area Overlay) District. This property is located 500'+ south of the intersection of Rest Church Road (Rt. 669) and Martinsburg Pike (Rt. 11), between Rt. 11 and I-81 and continuing south to Duncan Run, and is identified with P.I.N.s 33- A-91, 33A -A-15, and 33A -A-12 in the Stonewall Magisterial District. Action - Recommended Approval with Proffers Mr. Evan A. Wyatt, Deputy Planning Director, read the background information and review agency comments. Mr. Wyatt said that the proposal to rezone the 10.2645 -acre site is consistent with the Idealized Interchange Development Pattern specified in the Comprehensive Policy Plan. He said that the applicant has submitted a proffer which attempts to mitigate the impacts to the transportation system and adjoining properties. Mr. Stephen M. Gyurisin, Mr. Ronald Mislowsky, and Mr. Charles W. Maddox, Jr., all with G. W. Clifford & Associates, Inc., the design engineering firm for the project, were present to represent the owners, Manuel C. and Pearl A. DeHaven and W.D. and Dorothy Omdorff, and to present the project proposal to the Commission. The Commission had numerous questions for the applicants concerning the ability of the current transportation system to accommodate the additional traffic impacts in the interim until the Interstate 81 improvements were realized and the ability of the proffered conditions to adequately mitigate the impacts to adjoining properties. Chairman DeHaven called for public comment and the following persons came forward to speak: Mr. Christopher Daniels, a resident on Woodside Road, had concerns about depletion of groundwater, the risk of discharge from the site contributing to the pollution already occurring to Duncan Run, headlight glare, and the creation of major traffic problems. Mr. Daniels believed that the traffic problems that would be created by two truck stops (Flying J and this proposal) would ruin the possibility of future economic development in this area. He also pointed out that the short distance between the I-81 Exit and access to Route 11 would create a stacking problem with only one or two trucks. Ms. Rhonda Lynch, a local resident, contributed the decline of the Rest Church Road bridge to excessive use by commuters from West Virginia. Mr, Jim Connelly, owner of the Stateline Exxon, was also concerned with traffic congestion. In addition, Mr. Connelly had concerns about the applicant proposing a well location so close to Exxon's existing well and drainfield, and he wanted to make certain that Mr. Fuel/Arogas signs do not block Exxon's representations from I-81. Commission members were in favor of the rezoning proposal, but had numerous issues of Frederick County Planning Commission Minutes of May 5, 1999 Page 359 concern. Foremost was the concern about whether the transportation system in that area was capable of handling all the additional truck traffic that the proffered use would generate. The Commission was concerned about the structural integrity of the aging I-81/Rest Church Road bridge and the timing of its replacement. Concern was expressed that a current, independent traffic study had not been submitted, including safety statistics to demonstrate that the bridge could handle the truck traffic until it is replaced_ Representatives of VDOT, Mr. Norman Sparks and Mr. Steve Melnikoff, were available and stated that no funding has been approved for either preliminary engineering or construction of a new bridge. Mr. Sparks said that although the bridge is Priority #3 on the Interstate 81 Project Priority Plan for the Staunton District, it could take six to seven years before construction starts. Concern was also expressed by members of the Commission that existing septic systems in this area were not functioning properly, which may contribute to contamination of local wells or pollution of nearby streams. There was also concern that the amount of water needed for the operation ofthe proffered use could negatively impact residential wells. Finally, the Commission also expressed concern that the applicant had not spoken with local residents, particularly those on the east side of Martinsburg Pike, to receive feedback about possible impacts or the use of a concrete wall to screen the proffered use. A motion was made by Mr. Light and seconded by Mr. Stone to table the rezoning for 90 days; however, this motion failed by the following tie vote: YES (to table): Light, DeHaven, Romine, Thomas, Stone NO: Copenhaver, Marker, Wilson, Ours, Miller Another motion was made by Mr. Miller and seconded by Mr. Wilson to recommend approval of the rezoning with the proffers as submitted by the applicant. This motion passed by a majority vote. BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of Rezoning Application # 10-99 of DeHaven/Orndorff ("Mr. Fuel") to rezone 9.4382 acres from M2 (Industrial General) District to B3 (Industrial Transition) District; and .8263 acres from RA (Rural Areas) District to B3 (Industrial Transition) District; and to rezone 10.2645 acres (the total area proposed to be rezoned from M2 and RA Districts to B3 District) to IA (Interstate Area Overlay) District. The vote on this rezoning recommendation was as follows: YES (to approve): Miller, Stone, Romine, Wilson, DeHaven, Copenhaver NO: Ours, Thomas, Marker, Light Frederick County Planning Commission Minutes of May 5, 1999 Page 360 lull PUBLIC MEETING Request to waive the Buffer and Screening Requirements of the Zoning Ordinance, submitted by Kernstown United Methodist Church, to allow for a reduction of the required zoning district buffers that are applicable to this site. This site is located at 3239 Valley Pike and is identified with P.I.N. 63-A-96 in the Opequon Magisterial District. Action - Recommended Approval Mr. Christopher M. Mohn, Planner Il, stated that a waiver request has been submitted by the Kernstown United Methodist Church to allow for a reduction of the required zoning district buffers that are applicable to this site. He said that this request is necessary for the church to expand its parking facility and construct a picnic shelter. He further explained that the site under consideration is zoned M2 (Industrial General) and the existing church is a legally nonconforming use. Mr. Tim Youmans, representing the Kernstown United Methodist Church, was available to answer questions from the Commission. There were no public comments. No issues of concern were raised by the Commission. Upon motion made by Mr. Thomas and seconded by Mr. Ours, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve the request by the Kernstown United Methodist Church to waive the buffer and screening requirements of the Zoning Ordinance as follows: Waive part of the 25' inactive buffer to permit installing a 12' wide asphalt, one-way driveway situated 10' from the zoning boundary. Waive part of the 25' active buffer to permit the construction of a picnic shelter/porte-cochere no closer than 27.5' from the zoning boundary. Waive the screening requirement placement, allowing for the screening to be relocated to screen the Gabler property. This would be more beneficial as the Gabler site is primarily utilized by tractor trailers, and is slated to be reconfigured as a distribution facility. The Racey property is an office and the church utilizes the parking facility. Frederick County Planning Commission Minutes of May 5, 1999 Page 361 -11 - REQUEST FOR MODIFICATION TO AN APPROVED MASTER DEVELOPMENT PLAN BY THE ADAMS COMPANY/ AIRPORT BUSINESS CENTER Action - Administrative Approval Authority Granted to Staff Mr. Kris C. Tierney, Planning Director, reported that the Adams Company has an area in the Airport Business Center where they are interested in establishing some flex tech. Mr. Tierney pointed out that the Commission recently amended the ordinance to provide for flex tech as a permitted use in the business and industrial zones. He explained that the Airport Business Center already has an approved master plan and they would like to revise their plan to indicate where the flex tech uses would be located. Mr. Tierney said that it was the stars belief that this would be a relatively nunor modification to the approved master plan and did not believe it was necessary to obtain agency comments or conduct a formal hearing. The Planning Commission concurred with the staff's assessment. Upon motion made by Mr. Miller and seconded by Mr. Marker, the Commission unanimously granted staffadministrative approval authority on the modification ofthe Adams Company's existing, approved master development plan for the addition of flex tech areas. ADJOURNMENT No further business remained to be discussed and the meeting adjourned at 10:10 p.m. by unanimous vote. Respectfully submitted, Kris C. Tierney, Secretary Charles S. DeHaven, Jr., Chairman Frederick County Planning Commission Minutes of May 5, 1999 Page 362 r � U 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 May 19, 1999, PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; John R. Marker, Back Creek District; Marjorie H. Copenhaver, Back Creek District; John H. Light, Stonewall District; W. Wayne Miller, Gainesboro District; Robert A. Morris, Shawnee District; Roger L. Thomas, Opequon District; S. Blaine Wilson, Shawnee District; Robert M. Sager, Board Liaison; and Jay Cook, Legal Counsel. ABSENT: Terry Stone, Gainesboro District; George L. Romine, Citizen at Large; Richard C. Ours, Opequon District; and Vincent DiBenedetto, Winchester City Liaison; STAFF PRESENT: Kris C. Tierney, Planning Director; Evan A. Wyatt, Deputy Director; Michael T. Ruddy, Zoning Administrator; and Renee' S. Arlotta, Clerk. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MINUTES OF THE APRIL 7 1999 MEETING Upon motion made by Mr. Marker and seconded by Mr. Thomas, the minutes of the Planning Commission's April 7, 1999 meeting were unanimously approved as presented. APPLICATIONS ACTION SUMMARY Chairman DeHaven accepted the report for the Commission's information. Frederick County Planning Commission Minutes of May 19, 1999 Page 363 -2 - COMMITTEE REPORTS Transportation Committee - 05/11 Mtg. Mr. Thomas, Planning Commission's liaison to the Transportation Committee, reported that the committee discussed VDOT recommendations concerning signage and phasing for secondary hard -surface road construction. Sanitation Authority (SA) - 05/18 Mtg. Mrs. Copenhaver, Planning Commission's liaison to the SA, reported that the quarry levels are low due to lack of rainfall and extra water is being purchased from the City in order to preserve the quarry water. She said that the SA is continuing to investigate other sources of water. On other matters, she reported that Jim Anderson was elected as the new chairman of the SA Board and Bob Carpenter was elected as vice chairman. A joint meeting is scheduled with the Board of Supervisors on Wednesday, May 26, at 6:00 p.m. PUBLIC HEARINGS THIRD WINCHESTER BATTLEFIELD PRESERVATION PLAN TO AID IN THE PRESERVATION OF IDENTIFIED AREAS OF THE THIRD WINCHESTER BATTLEFIELD Action - Recommended Approval Mr. Kris Tierney, Planning Director, presented the Third Winchester Battlefield Preservation Plan as prepared by the firm of Strategic Land Planning, in conjunction with historian Dr. Joseph Whitehorse, archaeologist Dr. Clarence Geier, a 16 -person Advisory Committee, and the Planning Department staff. Mr. Tierney said that the main components of the Battlefield Preservation Plan are an overview of the history of the battle, a plan for the interpretation of the battlefield, including routing of a proposed driving tour, a management plan for the battlefield area which identifies key preservation areas, an identification of potential preservation tools and techniques that could be used in the effort, and finally, an action plan which includes an estimation of the costs associated with the various actions. Mr. Tierney pointed out that all preservation activities recommended by the plan would be voluntary and range from outright sale or voluntary donations of easements to development in such a way that the visual or physical intrusion onto the battlefield is minimized. He said that any action on the part of Frederick County would require the allocation of funds and/or other approvals by the Board of Supervisors as part of the public process. Mrs. Phoebe Kilby, one of the principals with Strategic Land Planning, gave an overview of the pian and responded to questions from the Planning Commission. Frederick County Planning Commission Minutes of May 19, 1999 Page 364 -3- speak: Chairman DeHaven called for public comment and the following person came forward to Mr. John Goode, a member of the Advisory Committee, believed that large amounts of public and private funds should not be devoted to the project, if there was not a lot of public support. He anticipated that maintenance costs would be expensive and ongoing. Mr. Goode added that the county should use a voluntary approach, so that land values were not negatively affected. He also had concerns about the final section of Route 37 traversing the battlefield area, yet surrounding property owners will be expected to protect viewsheds. Members of the Commission endorsed the Third Winchester Battlefield Preservation Plan. They did not believe that the plan took away development rights of any landowner or prohibited any landowner from marketing property at a fair market value. They also were of the opinion that it was wiser to have an adopted plan than not, however, they recognized the need to work with property owners, rather than restrict them. Finally, Commission members were aware that maintenance costs for the tour area would be an ongoing issue. The Planning Commission believed these issues could be worked out and unanimously recommended approval of the plan as presented. Upon motion made by Mr. Light and seconded by Mr. Morris, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of the Third Winchester Battlefield Preservation Plan, to aid in the preservation of the identified areas of the Third Winchester Battlefield, as presented and prepared by the firm of Strategic Land Planning. UPDATE TO THE 1999 COMPREHENSIVE POLICY PLAN FOR FREDERICK COUNTY Action - Recommended Approval Mr. Evan A. Wyatt, Deputy Planning Director, presented the information proposed for the update of the 1999 Comprehensive Policy Plan. Mr. Wyatt reviewed and answered questions from the Commission on each of the following sections: the Southern Frederick Land Use Plan, the Modifications to Existing Language as Proposed by Various Agencies, the Amendments to the Eastern Road Plan Map, the Sewer and Water Service Area (SWSA) Expansion, and the Relocation of Information to the Annual Report. There were no public comments. Members of the Commission inquired if affected property owners were notified about the reduction in the SWSA. Mr. Wyatt said that the majority of the land recommended for removal from the SWSA is the actual Third Winchester Battlefield site and the Hackwood property. He said that other property owners were notified of the process and meetings in conjunction with the preparation of the Third Winchester Battlefield Preservation Plan. The Planning Commission endorsed the Comprehensive Policy Plan as presented and upon Frederick County Planning Commission Minutes of May 19, 1999 Page 365 -4 - motion made by Mr. Miller and seconded by Mr. Marker, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the update to the 1999 Comprehensive Policy Plan for Frederick County as presented by the staff. PUBLIC MEETING Request for Exemption from the Subdivision Ordinance to the 50' right-of-way width requirement, Section 144-31.C(3), submitted by A.H. Aubrey Hawkins Associates, Ltd. Company on behalf of the Vivian Rosenberger Estate. This property is located at 1760 Wardensville Grade and is identified with P.I.N. 50-A-57 in the Back Creek Magisterial District. Action - Recommended Approval Mr. Michael T. Ruddy, Zoning Administrator, said that the staff had received a request from Mr. Michael Artz, of A.H. Aubrey Hawkins Associates, Ltd. Company, on behalf of the Vivian R. Rosenberger Estate, to gain an exemption to the 50' right-of-way width requirement of the subdivision ordinance. Mr. Ruddy explained that the Rosenberger Estate owns approximately 61 acres of land, zoned RA, located just west of Wardensville Grade (Rt. 608), adjacent to the Rhinehart farm, and it is desired that the parcel be subdivided into two residential tracts that will be 40 and 21 acres in size, respectively. He further explained that the larger parcel will contain the existing dwelling, which will be sold, and the Estate will retain the smaller, vacant lot upon which a new residence will be constructed. Mr. Ruddy said that access to Ms. Rosenberger's parcel from Wardensville Grade is limited to a prescriptive right-of-way, which is shared by several properties. He said that the width of this right-of-way has not been defined. Mr. Ruddy reported that discussions with adjoining property owners located between the Rosenberger parcel and Wardensville Grade by the applicant, regarding attainment ofthe required right-of- way width, have been unsuccessful. Members ofthe Commission stated that for the record, it would be preferable to have adjoining property owners who do not wish to give up land for a required right-of-way width to provide their refusal to participate in writing for the record. Commission members also inquired if the Rosenbergers would provide a 50' right-of-way through their property as part of this subdivision. Mr. Michael T. Artz with A.H. Aubrey Hawkins Associates, Ltd. Company, representing Ms. Vivian R. Rosenberger, stated that although he could not provide those letters with this evening's request, he would certainly accommodate the Commission's request for any future waivers. Mr_ Artz also replied that any property that the Rosenbergers control would have a 50' right-of-way as a part of the division. There were no public comments. Based upon the location of this land division and the nature of the surrounding properties, the Planning Commission believed that a waiver to permit the continued use of the existing right-of-way was reasonable. The Commission pointed out that the waiver request would only apply to the proposed division Frederick County Planning Commission Minutes of May 19, 1999 Page 366 -5 - of the existing 61 -acre parcel into two residential lots. Upon motion made by Mr. Marker and seconded by Mr. Wilson, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval ofthe request for exemption from the subdivision ordinance ofthe 50' right-of-way width requirement, Section 144-31, submitted by A.H. Aubrey Hawkins Associates, Ltd. Company, on behalf of Vivian R. Rosenberger, for two residential lots. ADJOURNMENT unanimous vote. No further business remained to be discussed and the meeting adjourned at 8:20 p.m. by Respectfully submitted, Kris C. Tierney, Secretary Charles S. DeHaven, Jr., Chairman Frederick County Planning Commission Minutes of May 19, 1999 Page 367 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 June 2, 1999. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; John R. Marker, Back Creek District; Marjorie H. Copenhaver, Back Creek District; John H. Light, Stonewall District; W. Wayne Miller, Gainesboro District; Robert A. Morris, Shawnee District; Roger L. Thomas, Opequon District; S. Blaine Wilson, Shawnee District; George L. Romine, Citizen at Large; and Jay Cook, Legal Counsel. ABSENT: Terry Stone, Gainesboro District; Richard C. Ours, Opequon District; Robert M. Sager, Board Liaison; and Vincent DiBenedetto, Winchester City Liaison; STAFF PRESENT: Kris C. Tierney, Planning Director; Michael T. Ruddy, Zoning Administrator; Mark Cheran, Planner I; and Renee' S. Arlotta, Clerk. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MINUTES OF THE APRIL 21, 1999 MEETING Upon motion made by Mr. Marker and seconded by Mr. Romine, the minutes of the Planning Commission's April 21, 1999 meeting were unanimously approved as presented. APPLICATIONS ACTION SUMMARY Chairman DeHaven accepted the report for the Commission's information. Frederick County Planning Commission Minutes of June 2, 1999 Page 368 -2 - COMMITTEE REPORTS Development Review & Regulations Subcommittee - 05/27/99 Mtg. Mr. Thomas, member of the DRRS, reported that representatives from Oakcrest Builders and the Top of Virginia were present to discuss the inclusion of a section in the RP Section of the Zoning Ordinance covering retirement community housing. Mr. Thomas said that retirement community housing is probably one of the largest growing segments of the housing market and the County is ill-prepared, ordinance -wise, for that growth in Frederick County. He said that there is not a separate section in the ordinance that covers it adequately to meet the needs of persons interested in developing this type of community. Mr. Thomas reported that, in the next several months, the DRRS will be working on specific requirements and making the ordinance more accommodating for retirement -type communities. PUBLIC HEARINGS Conditional Use Permit #08-99 of David E. Carter for a Cottage Occupation to operate a tack and saddle shop (catalog sales). This property is located at 173 Heartwood Drive and is identified with P.I.N. 51-23-1 in the Back Creek Magisterial District. Action - Recommended Approval with Conditions Mr. Mark Cheran, Planner I, read the background information and review agency comments. Mr. Cheran explained that the proposed business would be conducted in a detached garage and no adjoining properties are visible from the site due to natural wooded screening and buffers. Mr. David E. Carter, Sr., the applicant and owner of the property, said the operation will consist of catalog sales of horse supplies. Mr. Carter said that in most instances, he will deliver the supplies to the customer. There were no public comments. Based on the limited scale of the proposed business, the Planning Commission believed the use would not create any significant impacts on the adjoining properties. Upon motion made by Mr. Marker and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Conditional Use Permit #08-99 of David E. Carter, Sr. for a Cottage Occupation for a tack and saddle shop (catalog) sales at 173 Heartwood Drive with the following conditions: 1. All review agency comments shall be complied with at all times. 2. All work shall be accomplished inside of a completely enclosed building. Frederick County Planning Commission Minutes of June 2, 1999 Page 369 -3- 3. Any proposed business sign shall conform with the Cottage Occupation Sign Requirements (sign shall not exceed four square feet). Conditional Use Permit #09-99 of Albert M. Murr to operate a Cottage Industry as a cabinetmaker. This property is located at 156 Three Creeks Road and is identified with P.I.N. 13 -A -65B in the Gainesboro Magisterial District. Action - Recommended Approval with Conditions Mr. Mark Cheran, Planner I, read the background information and review agency comments. Mr. Cheran stated that this application was submitted in response to a zoning violation complaint. He said that the applicant was cited for the operation of an illegal business (cabinet-making shop) and obtaining a conditional use permit is an available option to resolve the violation. He explained that the proposed business will be conducted in a separate building and the nearest residences are 220' and 350', respectively, with a man- made buffer separating the adjoining properties. Mr. Cheran added that no excessive noise would be generated by the use and the required spray booth would mitigate any odor generated. A member ofthe Commission inquired about the origin ofthe complaint. Mr. Cheran said that the fire marshal responded to a fire call at this location. He said that the fire marshal then contacted the Planning Department of a possible illegal operation of a business. Mr. Albert M. Murr, the applicant and owner of the property, stated that he had a direct lightening hit at his shop and a fire started. He explained that he has been operating at this location for the past six years. Mr. Murr said that he was not aware that he needed a conditional use permit. Commission members inquired ifthis was Mr. Murr's sole occupation, ifclients visit his shop, if he has received any complaints from the neighbors, and if special BOCA requirements will need to be met for the shop. They also inquired if Mr. Murr felt he could meet all the conditions of the permit. Mr. Murr replied that this business was his sole occupation, that half of his work is carried out in his shop and the other half is on the client's location, he has not received any complaints from his neighbors, and finally, that special BOCA requirements will have to be met and he is taking steps to come into compliance. Mr. Murr believed that he could meet all the conditions of his conditional use permit. There were no public comments. Based on the limited scale of the proposed business, the Planning Commission believed that the proposed use would not have any significant impact on the adjoining properties. Upon motion made by Mr. Miller and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit 409-99 of Albert M. Murr for a Cottage Occupation ass a cabinetmaker at 156 Three Creeks Road, with the following conditions: Frederick County Planning Commission Minutes of June 2, 1999 Page 370 -4 - All review agency comments shall be complied with at all times. 2. All work should be accomplished inside a completely enclosed building. Any proposed business sign shall conform with the Cottage Occupation Sign Requirements (sign shall not exceed four square feet). Rezoning #11-99 of Ronald and Velma Simkhovitch to rezone 1.836 acres from MI (Light Industrial) to RA (Rural Areas). This property is located at 2659 Martinsburg Pike (Rt. 11), approximately 1/2 mile north of the intersection with Old Charlestown Road (Rt. 761), and is identified with P.I.N. 44-1-A in the Stonewall Magisterial District. Action - Recommended Approval Mr. Ruddy, Zoning Administrator, read the background information and review agency comments. Mr. Ruddy said that the purpose of the rezoning request is to construct a residential garage for personal use on the M 1 portion ofthe property. He explained that the sightly larger setback required with M1 - zoned land may preclude the desired placement of the structure. He said that the existing residence is located on the RA portion of the property. Mr. Joseph Higgs, representing Ronald and Velma Simkhovitch, stated that the Simkhovitch's would like to rezone the parcel because the setbacks in the RA District are not as strict as those in the M1 District. Mr. Higgs said that the house is on the RA portion of the property and the garage will be for residential use. There were no other public comments. The Planning Commission believed that the construction of a residential garage for personal use would not create a negative impact to the area or adjoining residential properties. Upon motion made by Mr. Light and seconded by Mr. Marker, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Rezoning Application # 11-99 of Ronald and Velma Simkhovitch to rezone 1.836 acres from M 1 (Light Industrial) to RA (Rural Areas) for the purpose of constructing a residential garage for personal use. PUBLIC MEETING Master Development Plan #02-99 of Oakdale I11, Raven Pointe, Raven Oaks, and Ravenwing, submitted by G. W. Clifford & Associates, Inc. for the development of 668 dwelling units on a 247 -acre site. This site is located between Senseny Road (Rt. 657) and Millwood Pike (Rt. 50 East) and is identified with P.I.N.s 64-A-113, 64-A-117, and 64-A-119 in the Shawnee Magisteriai District. Frederick County Planning Commission Minutes of June 2, 1999 Page 371 -5 - Action - Recommended Approval Mr. Kris C. Tierney, Planning Director, read the background information and review agency comments. Mr. Tierney said that the preliminary master development plan depicts appropriate land uses and is consistent with the overall gross density provisions of the Zoning Ordinance and the Comprehensive Policy Plan. He stated that several issues will need to be addressed by the applicant, of which transportation and environmental disturbance are the most significant. Mr. Tierney pointed out that the adjoining Carper property is where the collector road terminates on the eastern edge of the property. He said that he has had a number of discussions with the property owners and they have concerns about how the road is aligned and where it affects their property. Mr. Tierney said that he has relayed those concerns with the applicant and the applicant's engineer and he believed that they are willing to discuss alternative alignments for the road, however, he would let the applicant address that issue further. There was some discussion about the possibility of getting another traffic light in the Custer Drive/ Prince Frederick Drive area, even though one had already been proffered nearby by another developer. The question of the possibility of having that previously proffered light placed at the entrance to this development, where traffic may be greater, was discussed. Another issue discussed was sidewalks along the anticipated major collector (4 -lane) road. A question was raised about how the sidewalks would be placed, if the developer builds only two lanes, so the sidewalks are not put in and then torn up again when the road expands. One possibility discussed was to place the sidewalk only on one side. Also discussed was whether the developer may be required to put money into a bond for the future construction of the other two lanes. Members of the Commission noted that this property was rezoned for residential development at least 20 years ago, before proffers were required. Buffers for the property were next discussed. It was noted that the ordinance required the entire length of the collector road to be buffered. Mr. Tierney said that a good portion of this property is heavily wooded. He said the staff would tailor the road efficiency buffer requirement as much as possible to utilize the existing vegetation. A member of the Commission believed that the early construction of the Route 50 entrance, rather than the entrance onto Custer Avenue, was a key to good transportation planning. Mr. Tierney pointed out that the phasing had been revised by the applicant, by switching Phases I and H, and Phase I now includes the connection to Route 50. A member of the Commission expressed doubt that the owners or heirs of the Carper Farm property would ever permit the extension of a road across their property to make the Senseny Road connection. Commissioners believed it was very important to make any necessary changes or negotiations to get the road extended to Senseny. Mr. Bill Tisinger, attorney representing the joint applicants and owners, the Jeni Company and the Glaize Development Company, reported that this property has been rezoned for some 20 years and no proffers are involved. He presented the master plan to the Commission and elaborated on specific components of the plan, such as layout, types of dwellings, lot sizes, the road pian, entrance and signalization at Route 50 Frederick County Planning Commission Minutes of June 2, 1999 Page 372 9 MO for Phase I, and provisions for connector roads into adjacent subdivisions. Mr. Tisinger emphasized that there are no direct connections from their proposed development onto Senseny Road. Mr. Charles W. Maddox, Jr. of G. W. Clifford & Associates, Inc., the design engineers for this project, showed slides of aerial photographs of the site. He pointed out the planned phases. Mr. Maddox requested that the Commission grant a waiver of the buffer requirements along the collector road so they could utilize the existing vegetation. Chairman DeHaven next called for public comment and the following persons came forward to speak: Mr. Nick Unger, speaking for the Fairway Estates property owners, had several questions which included: 1) was the project in compliance with the Comprehensive Plan; 2) was a traffic impact study done; 3) how will impacts to fire and rescue services, schools, and other infrastructure be mitigated; and 4) what Capital Improvement Plan is in place and when will the infrastructure be completed. Ms. Marie Straub, Secretary for the Apple Ridge Homeowners Association, came forward to speak on behalf of the parents and children of the Apple Ridge subdivision. Ms. Straub was concerned about the fact that the elementary school children are being bused to schools outside of their neighborhood. She was also concerned about the inadequacy of the roads to handle existing and proposed traffic, especially Senseny Road. In addition to the roads being inadequate, Ms. Straub believed the schools were overcrowded, and that the County had failed to provide the necessary services required by its residents. Mr. Carrie Kimble, a resident of Pembridge Heights, believed that Custer Avenue is inadequate and hazardous in its present state to accommodate even the existing traffic. Mr. Kimble was also concerned about the environmentally -sensitive issues, specifically, the ponds, wetlands, meadows, and wildlife existing on the proposed site. Mr. Keith Simcox had concerns about the area where the collector road connects to Route 50. Mr. Simcox had concerns about the effects of run-off, stream damage caused by grading, and the effects of overall development on residential wells in the area. Ms. Sandra Carper Ambrose stated that their farm, erroneously referred to as the Ambrose Farm, is still incorporated under the name of the "Carper Farm" and is still owned by her brother, her sister, and herself Pointing to the master development plan on display, Ms. Carper said that the bend in one of the roads depicted on the plan takes a diagonal cut either out of their front fields that border on Senseny Road or it would take a cut through the back of her home and cut their farm into two parts. Ms. Ambrose stated that as long as her brother, sister, and herself are alive, they will not pen -nit a road through their property. Ms. Ambrose expressed a desire for her farm not to become the recreational and open space area for the families and children of adjoining residential subdivisions. She suggested the possibility of some type of buffer or setback between the two types of land use. Mr. John Carper said that his family has been here almost 100 years and they want to continue to farm their land, unless they are forced out by encroaching development. Mr. Carper said that during the County's Comprehensive Downzoning in the early `80's, his property was down -zoned from residential to agriculture, however, the County did not down -zone the property currently under consideration. Frederick County Planning Commission Minutes of June 2, 1999 Page 373 -7 - Mr. Paul Anderson, President ofthe Frederick County Farm Bureau, came forward to express the concerns of the agricultural community. Regarding the provisions for connector roads to adjoining subdivisions, Mr. Anderson said that it puts the agricultural landowner at the mercy of whoever developed the adjoining property, when the location of the road has already been decided on. He suggested that the County acquire input from the adjoining agricultural landowner and he also supported the use of buffers or setbacks between agricultural and residential zoned properties. Ms. Audrey Gilleskie, resident ofthe Gainesboro District, believed the proposed development was not vested and, therefore, was subject to changes in the zoning ordinance since the time of rezoning. Ms. Gilleskie inquired as to when the last review and update of the County's Comprehensive Plan took place. Mr. Larry Stotler, resident for the past seven years at 208 Stanley Drive, was concerned about construction traffic using Custer Avenue, especially at the sharp turn (fish hook). Mr. Stotler also requested that sewer and gas lines be run up into Miller Heights. He said that the septic systems in Miller Heights have been in existence for about 35 years and are in failing condition. Ms. Doreen Nicholson, resident on Oakridge Lane in Fairway Estates, said that a high- pressure gas main runs through the corner of her property and she was concerned about fractures occurring to the line when construction of the new development begins. In addition, Ms. Nicholson said that during heavy rains a lot of water runs down her driveway and she was concerned about the potential for flooding, due to the topography of the area. Ms. Dorothy Napenas, resident on Oakridge Lane in Fairway Estates, had several concerns: 1) concern about the possibility of damage to the gas main that runs behind her house; 2) concern about over- crowding of local schools and the busing of children to schools outside of their neighborhoods; and, 3) concern about traffic on Senseny Road and if the proposed development would increase that traffic. Mr. Rusty Holland, resident of Pembridge Heights subdivision, had the following concerns: 1) the environmental impact to Isaac Creek; 2) traffic on Senseny Road; 3) the impact of the reconfiguration of Route 50 on the adjacent residential neighborhood; 4) the dangerous turn (fish hook) on Custer Avenue; and, 5) the impact of the additional 700 homes on the existing infrastructure. Mr. Ron Kimble, resident for the past 30 years at a family home in Prospect Hills, expressed concerned about the mixed-use portion of the Raven Oaks area. Mr. Kimble inquired if there was any way to ensure that town homes and condominiums would be prohibited in that area. He also expressed his desire for strict adherence to the woodlands preservation restrictions of the zoning ordinance. Mr. Donald Bush, a resident on Custer Drive, was concerned about the increased traffic that would take place on Custer Drive. Mr. Robert Wells, a 32 -year resident of Frederick County, came forward to express his support for the proposed plan. Mr. Wells said that the proposed plan has exhibited all the qualities that the Board of Supervisors, the Planning Commission, the builders, and the long-term residents of Frederick County have been striving for over the past many years. He said that the proposed development involves local builders and local developers, who have grown up and live in Winchester and Frederick County, and who have strong personal concerns for the area. Frederick County Planning Commission Minutes of June 2, 1999 Page 374 -8 - Mr. Stan Daywalt, resident on Apple Pie Ridge, believed that Frederick County citizens can take pride in the fact that those involved with this development, the planners, the developers, and the builders, are local residents. Ms. Connie Story, a resident of Fairway Estates, was concerned about the increasing amount of traffic and traffic accidents on Senseny Road. She was concerned about overcrowding of schools. Ms. Story asked who would pay to supplement infrastructure services such as fire and rescue services and schools. Mr. Jim Kriewald, resident at 214 Stanley Drive, lamented about how much he would miss observing all of the wildlife in the area of the proposed development. Mr. Kriewald said that there is considerable water runoff around both his home and his neighbor's home. He also mentioned the sharp curve (fish hook) on Custer Avenue. Mr. Kriewald then said that Mr. Tisinger was considerate enough to come to his home with the master plan and talk with him and a neighbor about their concerns and what they could anticipate with the proposed development. He said that Mr. Tisinger spoke about the possibility of connecting to the sewer line for those residents who had concerns about their failing septic systems. Mr. Kriewald explained that he was grateful that the people involved with this development were local residents who would take the time to talk with him and address his concerns. Mr. Vaughn Foura, representing the Top of Virginia Building Association, said that the Top of Virginia Building Association supports the approval of this master development plan. Mr. Tisinger requested that the Commission approve the master plan with the applicant's offer not to connect to any of the subdivision streets to the north until and unless either the Planning Commission or the Board of Supervisors make the request. Besides prohibiting the connections without permission, Mr. Tisinger believed the Commission should allow the applicant not to hook into Custer Drive on the east side, but be permitted to cul-de-sac, resulting in no traffic running through Custer Drive. He further stated that the applicants will make provisions in their plans for easements to properties in Miller Heights, allowing those residents in Miller Heights who want public sewer to extend the sewer lines, if they wish to. He said those residents already have public water. The Commission asked for clarification from Mr. Tisinger on the Route 50 entrance design; among other things, Mr. Tisinger said that they plan to construct a four -lane entrance. A member of the Commission believed that the applicant should provide some sort of protection, possibly in the form of a buffer, for the adjoining open agricultural land. Mr. Tisinger said that he would be happy to talk with the adjoining owners to work something out; however, there is no particular ordinance that requires them to make that provision. The issue of straightening Custer Drive was also discussed. Mr. Maddox said that Custer Drive was first discussed at the time of the rezoning in front of Pembridge Heights. Mr. Maddox explained that at that time, they had devised a way to make possible the alignment of that road into a major connection, which would have required the abandonment of existing Custer Drive, some acquisitions, and intense design to make it work. He said they felt that if they could be assured of the rezoning, they would pursue that; however, no assurances came. He explained that the rezoning was an intensely debated struggle with some people absolutely intent on not allowing the rezoning to go through. Mr. Maddox continued, stating that there are no building lots within the first couple hundred feet of the entrance road, until the road gets into the site, Frederick County Planning Commission Minutes of June 2, 1999 Page 375 it is all open space. Referring to the issue of supplying infrastructure first, he said that is exactly what is being proposed by putting the entrance onto Route 50. Mr. Maddox stated that this financially substantial project will be undertaken and completed before the first lot is sold. Mr. Tisinger interjected that after the initial turn off of Route 50, Custer Drive will be widened to make a left turn lane into Phase III. Members of the Commission spoke favorably about the developer offering a cross-over/ entrance onto Route 50, they supported the applicant's desire to cul-de-sac Custer Drive rather than entering into Miller Heights, and they supported the waiver of the buffer along the major route coming in off of Route 50. They believed a considerable amount of planning and effort had gone into this development and that it was an outstanding plan. The members of the Commission did, however, desire the applicant to meet with the owners ofthe Carper Farm to discuss a buffer between the two properties. They also encouraged the applicant to examine again the connector road location and its exit to the north; it was pointed out that the connector road will not do any good, and certainly will not ever perform its function, if it never manages to make it to Senseny Road and Route 7. Upon motion made by Mr. Miller and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Master Development Plan #02-99 of Oakdale III, Raven Pointe, Raven Oaks, and Ravenwing, submitted by G. W. Clifford & Associates, Inc. for the development of 668 dwelling units on a 247 -acre site with the inclusion of 1) the removal of the street connection into Miller Heights on the east end and, with the street ending as a cul-de-sac; 2) approval of the waiver for the buffers along the main road coming in off of Route 50; 3) with the acceptance of the offers of the developers to build the crossover onto Route 50 and to delay the inter -parcel connectors until the County feels it is appropriate. CANCELLATION OF THE PLANNING COMMISSION'S JUNE 16 1999 MEETING Mr. Tierney stated that no items of business were pending for the Commission's June 16, 1999 meeting. Upon motion made by Mr. Miller and seconded by Mr. Thomas, the Planning Commission unanimously agreed to cancel their June 16, 1999 meeting. Frederick County Planning Commission Minutes of June 2, 1999 Page 376 ADJOURNMENT unanimous vote. -10 - No further business remained to be discussed and the meeting adjourned at 8:20 p.m. by Respectfully submitted, Kris C. Tierney, Secretary Charles S. DeHaven, Jr., Chairman Frederick County Planning Commission Minutes of June 2, 1999 Page 377 APPLICATION ACTION SUMMARY (printed June 23, 1999) EffifflimomApplication newly submitted, REZONINGS: .......... . .. ...... . . I N .......... WNS 1, Stonewall Rezone 1.836 ac. of 3.362 ac. tract from 1 1 M1 to RA for residential use (garage 4) _ Location: -A ......... ................ . Location: Stonewall Industrial Park; no. of intersection of Welltown Pk & Location: McGhee Rd. Submitted: 06/11/99 PC Review: 07/07/99 BOS Review: 08/25/99 - tentatively scheduled Ronald S. & Velma D. Simkhovitch (REZ #11-99) Stonewall Rezone 1.836 ac. of 3.362 ac. tract from 1 1 M1 to RA for residential use (garage 4) _ Location: -A Submitted: 05/03/99 ..:.::-:}i} ........ Location: On the south side of Tasker Rd, and on both sides of Tadpole Ln. Submitted: 06/14/99 PC Review: 07/07/99 BOS Review: 08/25/99 - tentatively scheduled Ronald S. & Velma D. Simkhovitch (REZ #11-99) Stonewall Rezone 1.836 ac. of 3.362 ac. tract from 1 1 M1 to RA for residential use (garage 4) _ Location: NW side of Martinsburg Pk. (Rt. 11), approx. 0.5 mi. north of the -intersection with Old Charles Town Rd. (Rt. 761) Submitted: 05/03/99 PC Review: 06/02/99 - recommended approval BOS Review: 07/14/99 Manuel C. & Pearl A. DeHaven & W.D. & Dorothy Orndorff PZ 10-99 Stonewall 9.4382 acres from M2 to B3 and .8263 acres from RA to B3; 10.2645 ac. of IA Overlay District Location: 500'+ so. of intersection of Rest Church Rd. (Rt. 669) & Martinsburg Pk. (Rt. 11), betwn Rt. 11 & I-81, & continuing so. to Duncan Run. Submitted: 04/13/99 PC Review: 05/05/99 - recommended approval with proffers BOS Review: 05/26/99 - tabled JASBO, Inc. & Fred L. Glaize, III Z #09-99 Shawnee Rezone 11.2662 acres from MHI to B2 Location: U.S. Rt. 522-73 miles south of U.S. Rt. 50 Submitted: 04/13/99 PC Review: 05/05/99 - recommended approval with proffers BOS Review: 05/26/99 - approved with proffers Lynnehaven (REZ #007-99) Stonewall 81.4 ac. from RA to RP for 203 s.0 homes; 10.0 ac. from RA to B2 for commercial use Location: West of Beans Pond Ln., 400' from the intersection with Senseny Rd., & adjacent to the Carlisle Heights subdivision Submitted: 02/05/99 PC Review: 03/03/99 - tabled; applicant waived time requirement BOS Review: not et scheduled Applications Action Summary Printed June 22, 1999 Sheppard/ Futral (REZ #006-99 Stonewall 132.70 ac. from RA to RP for 293 single -family homes Location: On Eddy's Ln. (Rt. 820), approx. 0.8 mi. from the intersection with Valley Mill Road Submitted: 02/05/99 PC Review: 03/03/99 - tabled; applicant waived time requirement BOS Review: not yet scheduled Giles Farm (REZ #005-99) Stonewall 140.2 ac. from RA to RP for 350 s.f. homes; 12.0 ac. from RA to B2 for commercial use Location: No. side of Senseny Rd., 850' east of Beans Pond Ln., across from the Burning Knolls & C.M. Lockhart subdivisions, & adj. to the Bedford Village & Apple Ridge subdivisions. Submitted: 02/05/99 PC Review: 03/03/99 - tabled; applicant waived time requirement BOS Review: not yet scheduled MASTER DEVELOPMENT PLANS: Applications Action Summary Printed June 22, 1999 akdale III, Raven Pointe, Raven aks, Ravenwin DP #02-99 F Shawnee 668 residential dwelling units on 247 acres of RP -zoned land Location: North side of Rt. 50, East of Winchester Submitted: 05/11/99 PC Review: 06/02/99 - recommended approval BOS Review: 07/14/99 Admin. Approved: Pending Location: East side of Rt. 522, approx. 1,500' south of Rt. 50 Submitted: 06/16/99 MDP #005-94 MDP approved by BOS 09/14/94; MDP admin. approved 10/25/94 I- Subd. Admin. Approved: Fnding Applications Action Summary Printed June 22, 1999 4 Merriman's Chase (SUB #13-99) Back Creek Subdivision of 26.895 ac. into 48 single- family residential lots (RP) Location: W. side of Merrimans Ln. (Rt. 621), along Rt. 37 at Abrams Creek and Winchester & Western Railroad Submitted: 04/26/99 MDP #006-98 (formerly known as Willow Branch) Approved by BOS 01/13/99; Admin. Approved 02/12/99 Subd. Admin. Approved: Pending Oakdale Crossing II (SUB #12-99) Shawnee Subdivision of 24.83 ac into 51 single - family detached lots (RP) Location: So. of existing Oakdale Crossing, off of Senseny Rd. (Rt. 656) Submitted: 03/31/99 MDP #01-99 Approved by BOS 03/10/99; Administrative Approval Pending Subd. Admin. Approved: Pending Applications Action Summary Printed June 22, 1999 The Camp/Tasker Rd. (JASBO, Inc. /F. Glaize) (SUB #011-99) Opequon Subdivision of 50.52 ac. into 170 1 single-family residential lots (RP) Location: So.west comer of Tasker Rd. (Rt. 642) & White Oak Rd. (Rt. 636) Submitted: 02/18199 MDP #00498 (Tasker Rd. Land Bays) MDP approved by BOS 07/08/98; MDP approved admin. 09/04/98 Subd. Admin. Approved: Pending Fort Collier - Lot 32 (SUB #009-99) Stonewall Subdivision of 1 lot consisting of 1 4.7374 acres (Ml) Location: Property fronts the northwest comer of the intersection of Brooke Rd. (Rt. 1322) & West Brooke Rd. (Rt. 1320) Submitted: 01/29/99 MDP #00491 MDP approved by BOS 10/09/91; admin. approved 11/22/91 Subd. Admin. Approved: Pending Stonewall Industrial Pk. - Lot 32 (SUB #006-99) Gainesboro Subdivision of 1 lot consisting of 5.4455 ac. (Ml) Location: Comer of Century Ln. (Rt. 862) & Lenoir Dr. (F-732) Submitted: 01/27/99 MDP #006-93 MDP approved by BOS 07/14/93; MDP admin. approved 07/28/93 Subd. Admin. Approved: Pending Canter Estates - Section I (SUB #005-99) Shawnee Subdivision of 24.5524 ac. into 60 lots for single-family det. traditional homes Location: Northwest comer of intersection of White Oak Rd. (Rt. 636) & Macedonia Church Rd. (Old Rt. 642) Submitted: 02/08/99 MDP #00498 (Tasker Rd. Land Bays) MDP approved by BOS 07/08/98; MDP admin. approved 09/04/98 Subd. Admin. Approved: Pending Applications Action Summary Printed June 22, 1999 JASBO, Inc. (SUB #004-99) NO MDP Back Creek Subd. of 45.6727 ac. into 5 lots with dedicated r -o -w Location: West side of Shady Elm Rd. (Rt. 651), so. of Rt. 37 Submitted: 02/08/99 PC Review 03/03/99 - recommended approval BOS Review 03/10/99 - approved Subd. Admin. Approved: 03/30/99 Tybrooke, L.C. (SUB #03-99) NO MDP Gainesboro 2 Lots; Tl. Acreage 4.1277 (B2 & RA) Location: Front Royal Pk (Rt. 522) at Albin; 1 mile N. of Winch. Bp (Rt. 37) Submitted: 01/22/99 PC Review: 03/17/99 - recommended approval BOS Review: 04/12/99 - approved Subd. Admin. Approved: pending RT&T Partnership (SUB #02-99) Opequon __5 Lot (Lot 16); TI. Acreage 29.6 (B2) Location: Rt. IIS, no. of Hortons Nursery across from Miller Honda Dealer- ship; 1/2 mi. so. of Rt. 37 & Rt. I IS Submitted: 01/22/99 MDP#03-91 (Kernstown Bus. Pk) MDP approved by BOS 07/10/91; MDP admin. approved 09/03/91 Subd. Admin. Approved: 06/17/99 Autumn Glen, Sect. I (SUB 015-98) Opequon 21 lots - duplex & multiplex (52 dwellings) on 14.8 ac. (RP) Location: South side of Tasker Rd. (Rt. 642), 0.25 mi. East of Rt. 647 Submitted: 06/30/98 MD 004-98 (Tasker Rd Land Bays) MDP approved by BOS 07/08/98; MDP Pending Admin. Approval Subd. Admin. Approved: Phase I approved on 11/04/98 for 21 dwellings "I Applications Action Summary Printed June 22, 1999 Mark & Rachelle Repine (SUB #00498) NO MDP Shawnee Subdivision of 1.3719 ac. into 3 s.f. I lots (RP) Location: Heritage Hills Subd.; along the eastern portion of Idlewood Drive Submitted: 01/26/98 PC Review: 02118/98 - recommended approval BOS Review: 03/11/98 - approved Admin. Approved: Pending Lenoir City Co. Lot 2; Stonewall Indust. Pk. SUB #007-9 Gainesboro Subdivision of a 2.6584 ac. lot (Ml) Location: McGhee Rd. (Rt. 861); approx. 1,000' from Tyson Dr. intersection Submitted: 07/28/97 MDP #006-93 Approved by BOS 07/14/93; Admin. Approved 07/28/93 Subd. Admin. Approved: Pending Dominion Knolls (SUB #005-97) Stonewall 75 s.f. zero lot line lots on 20.278 ac. Location: So.west corner of Baker Ln. (Rt. 1200) & Ft. Collier Rd. (Rt. 1322) Submitted: 05/16/97 MDP #001-97 Approved by BOS 04/09/97; Admin. Approved 06/30/97 Subd. Admin. Approved: Section 1 (25 lots) approved 06/02/98; Sections 2 & 3 Pending Winchester -Fred Co. IDC (SUB) FBack Creek 2 Ml Lots 0.552 acres & 20.285 acres Location: Southeast side of Development Lane Submitted: 09/08/95 MDP #003-87: Approved by BOS 07/08/87; Admin. Approved 06/08/88 Pending Admin. Approval Awaiting signed plats. Applications Action Summary Printed June 22, 1999 Abrams Point, Phase I (SUB) Shawnee 230 SF Cluster & Urban Lots Location: South side of Rt. 659 Submitted: 05/02/90 PC Review: 06/06/90 - recommended approval BOS Review: 06/13/90 - approved Pending Admin. Approval: Awaiting deed of dedication, letter of credit, and signed plat Harry Stim son SUB O e uon Two B2 Lots Location: Town Run Lane Submitted: 09/23/94 PC Review: 10/19/94 - recommended approval BOS Review: 10/26/94 - approved Pending Admin. Approval: Awaiting signed plat. SITE PLANS: Applications Action Summary Printed June 22, 1999 - _::::-. . :. `. n: ^..••{'�} 'vi�nti-�,•.:..};Lr. lilt :r :<-tv_: S�,riy�:!�:.- �:ir:I:�f3.I:i:�2::iE�:-i�iii'ii::i:{S-it_ wMW . tP Location: 1366 Greenwood Road Submitted: 06/08/99 Approved: Pending Applications Action Summary Printed June 22, 1999 Location: Fort Collier Road, near Baker Lane Submitted: 06/11/99 Location: E. side N. Frederick Pk; approx. 1/4 mi. N. of Winc. Corp. limits Submitted: 05/13/99 Applications Action Summary Printed June 23, 1999 10 Applications Action Summary Printed June 23, 1999 11 - - - - - _ d$4,,2..r.::':.iij}?;}::•i:-::-.:.-.:-':-:-�.:�:::-�.-�'-:::.:.:;:.::�:^;.iii::::i i;::;'i:;. i-::-:�:�:::-iii::::i:::::i:' :..:..... :.. Location: Kernstown Business Pk.; Prosperity Dr.; Lot 16; Section I Submitted: 05/20/99 Approved: Pending Apostolic United Pentecostal Church (SP #17-99) Stonewall Church expansion on 2.87 ac. parcel 1 (RP) Location: 189 Parson Court Submitted: 04/28/99 Approved: Pending Back Creek Elementary School (SP #16-99) Back Creek 35.89 ac. to be disturbed on a 37.75 1 ac. site (RA) Location: Middle Road (Rt. 628) Submitted: 04/26/99 Approved: Pending Airport Warehousing at Arbor Court (SP #15-99) Shawnee 7.5 ac. to be developed of a 7.8 ac. site 1 for a warehouse (Ml) Location: 321 Arbor Court Submitted: 04/15/99 Approved: Pending Applications Action Summary Printed June 23, 1999 12 Ralph Gregory/Aylor Rd. Site (SP #008-99) Opequon 3,395 s.f. one-story retail/office bldg; .70 ac. developed on .70 ac. site (112) Valley Industrial Plastics, Inc. Back Creek 208,864 s.f. to be disturbed of a 8.91 (SP #14-99) Approved• ac. parcel for a 31,075 s.f. industrial bldg. (Ml) Location: 690 Shady Elm Road Submitted: 03/26/99 Approved: Pending Ralph Gregory/Aylor Rd. Site (SP #008-99) Opequon 3,395 s.f. one-story retail/office bldg; .70 ac. developed on .70 ac. site (112) C.B.'s Corner (Dennis N. Opequon 2,800 s.f. addition for office, car Thompson Property) (SP #13-99) Approved• sales/repair, residence) on 1.035 ac. parcel (B2) Location: 381 Fairfax Pike, Stephens City Submitted: 03/18/99 Approved: 06/07/99 Ralph Gregory/Aylor Rd. Site (SP #008-99) Opequon 3,395 s.f. one-story retail/office bldg; .70 ac. developed on .70 ac. site (112) Location: Between I-81 & Rt. 647 at the intersection of Rt. 647 & Rt. 641 Submitted: 02/11/99 Approved• Pending Monotlo, Inc. (SP #02-99) Stonewall 78,000 sq. ft. addition; 5 ac. developed; (M1) Location: 882 Baker Lane Submitted: 01/15/99 Approved: pending Applications Action Summary Printed June 22, 1999 13 America House Assisted Living (SP #073-98) Opequon Assisted living facility/4.6 ac. 1 developed on 73.4749 ac. site (RP) Location: South side of Tasker Rd. (Rt. 642); 1,100 feet east of Aylor Rd.(Rt. 647) Submitted: 12/02/98 Approved: Pending God's Glory Land (SP #061-98) Back Creek Church Retreat; 26.45 ac. to be developed of a 85.7 ac. site (RA) Location: Back Creek Road Submitted: 10/01/98 Approved: 06/07/99 Kim Henry Property - Mini Warehouse (SP #057-98) Stonewall 1 7,504 s.f. warehouse; 4 ac. developed 1 of a 7.74 ac. site (B3) Location: Intersection of Baker Lane & Fort Collier Road Submitted: 08/26/98 Approved: Pending Moffett Property (SP #050-98) Stonewall Metal warehse. addition (4,800 g.s.f.); 1.392 ac. site; 0.465 disturbed (B3) Location: 1154 Martinsburg Pike Submitted: 07/21/98 Approved: Pending Applications Action Summary Printed June 22, 1999 14 T.P. & Susan Goodman (SP #044-98) Stonewall Hackwood/ Minor Site Plan (RA) Location: 534 Redbud Road Submitted: 06/10/98 Approved: Pending Southeast Container (SP #001-98) Stonewall District Parking Lot; 0.2 ac. Disturbed on a 89.6 ac. Site (Ml) Location: Ft. Collier Industrial Park Submitted: 01/06/98 Approved: Pending Agape Christian Fellowship Church Sanctuary SP #005-9 Shawnee Church Expansion; 2.5 ac. to be developed of a 29.5115 ac. site Location: East side of Rt. 642; approx. 2,500' so. of the Rt. 37/1-81 Interch . Submitted: 02/12/97 Approved: Approved: q Pending Shenandoah Bldg. Supply SP #056-96 Gainesboro Warehouse on 5 acres (Ml) Location: 195 Lenoir Drive (Stonewall Industrial Park) Submitted: 12/16/96 Approved: Pending Applications Action Summary Printed June 22, 1999 15 Stimpson/Rt. 277 Oil & Lube Service SP #030-96 Opequon Oil & Lube Serv., Car Wash, Drive - Thru on 2.97 ac. 2 Location: 152 Fairfax Pk. (behind Red Apple Country Store) Submitted: 07/03/96 Approved: Pending AMOCO/House of Gifts SP #022-96 Gainesboro Gas Pump Canopy 880 sq. ft. area of a 0.916 acre parcel Location: 3548 North Frederick Pike Submitted: 05/08/96 Approved: 1P Pending American Legion Post #021 SP #018-9 Stonewall Addition to lodge building on 3.4255 acre site 2 Location: 1730 Berryville Pike Submitted: 04/10/96 Approved: A Pending CONDITIONAL USE PERMITS: Location:II 1100 Front Royal Pk; 415' north of Westwood Dr., on the west side of Rt. 522 Submitted: II 05/24/99 PC Review: II 07/07/99 BOS Review: 11 08/25/99 - tentatively scheduled Applications Action Summary Printed June 23, 1999 16 Caroline R. Sandy (CUP #07-99) Shawnee Cottage Occupation for Hair Salon Location: 1204 Greenwood Rd. Submitted: 04/09/99 PC Review: 05/05/99 - recommended approval with conditions BOS Review: 05/26/99 - approved w/ conditions Winchester Chapter of the Izaak Walton League (CUP #06-99) Shawnee Outdoor Recreation Area to include a shooting range &wildlife reserve (RA) Location: 2863 Millwood Pike Submitted: 03/17/99 PC Review: 05/05/99 - tabled for 90 days BOS Review: not yet scheduled Applications Action Summary Printed June 22, 1999 17 SBA, Inc. (Richard Miller Cooley Property) (CUP #03-99) Opequon 1 Commercial Telecommun. Facility: 250' self-supporting lattice tower (RA) Location: 173 Catlett Lane, Middletown Submitted: 03/12/99 PC Review: 04/07/99 - tabled at the applicant's request for 90 days to 07/07/99 BOS Review: not yet scheduled SBA, Inc. (Raymond L. Fish property) (CUP #102-99) Stonewall (B3) Commercial Telecommunication 1 Facility: 180' self-supporting monopole Location: No. on I-81 to Exit 321, Hopewell Rd. (Rt. 672E) to first right at Kingdom Farm sign. Follow road to end past AA Mobile Market to site. Submitted: 03/12/99 PC Review: 04/07/99 - tabled at the applicant's request for 90 days to 07/07/99 BOS Review: not yet scheduled VARIANCES: Applications Action Summary Printed June 23, 1999 18 Valley Industrial Plastics Back Creek Appeal of a determination of Z.A.; re: (APPEAL #iO3-99) curb, gutter, surface material Win parking lot of an industrial park Location: Shady Elm Road, adjacent to Tri -County OIC Submitted: 05/24/99 BZA Review: 06/15/99 - denied Applications Action Summary Printed June 23, 1999 18 King's Plumbing & Heating (VAR #02-99) 11 Stonewall 3.2' front yd. var. for a porch (RP) 1 Location: 109 Orion Ct.; Briarwood Subdivision Submitted: 05/05/99 BZA Review: 06/15/99 - approved Applications Action Summary Printed June 22, 1999 19 1 JICHA'L bio {,, STT '& AssociAT s R SUIT_ 071 fid: ll, V;R It ,II a ?_ 10 2 T -3 7 3 .11DMITSED 1,1'PRGINI Al -!o i..c ^IST ;CT =F CCUi MBIA FACSUAILE: 703 749-6663 June 22, 1998 Frederick County, Virginia Department of Planning and Development 107 North Kent Street Winchester, Virginia 22601 ATTN: Michael T. Ruddy Via Facsimile at 540-678-0682 RE: Conditional Use Permit 902-99 SBA, Inc., Applicant South Side of Hopewell Road, Clearbrook, Virginia Dear Mr. Ruddy: >C�717 E IN VIRGW,IA DIRECT :D!AL 7C3 749-6062 s -"A L to _H. ;R./ATTASSCC_COM Pursuant to our discussion yesterday, the applicant respectfully requests that the Planning Commission table consideration of the above referenced Conditional Use Permit for three months. This will enable the applicant to compile and submit written support for the need for the proposed structure in response to concerns raised in the staff report dated March 29, 1999. 1 anticipate that this deferral will necessitate that the application be re -advertised and posted; please let me know what the new scheduled Planning Commission date will be so that we may help ensure that these requirements are met. While the applicant had anticipated being in a position to move forward at the July hearing, the carriers who are in active discussions with SBA for this site have not yet executed lease agreements or options on the site. SBA is, however, in active negotiations and anticipates that this requested tabling will be all that is required before the applicant can give staff and the Planning Commission the confirmation for the need for the proposed structure as evidenced by executed leases. Very truly yours, i Michelle A. Rosati MICHAEL HORWATT & ASSOCIATES, P.C. Counsel for SBA, Inc., Applicant irn IAD' _ M11 2 4 1999 VASS 4182 Clearbrook DEPT. OF P[ANNING/DEVELOPMENT PC REVIEW: 04/07/99 BOS REVIEW: 04/28/99 CONDITIONAL USE PERMIT #02-99 SBA, INCORPORATED (Dr. Raymond L. Fish Property) LOCATION: This property is located adjacent to Interstate 81, to the rear of the remainder of Dr. Fish's property which fronts on Hopewell Road (Rt. 672) and Interstate 81. This is in the southeastern quadrant of the exit 321 interchange of Interstate 81. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 33-A-164 PROPERTY ZONING & PRESENT USE: Zoned B3 (Industrial Transition); Land Use: Vacant ADJOINING PROPERTY ZONING & USE: Zoned B2 (Business General), B3 (Industrial Transition), and RA (Rural Areas); Land Use: Commercial, Agricultural and Vacant PROPOSED USE: Erect a 180' self-supporting monopole telecommunication facility 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: Structure shall comply with the Virginia Uniform Statewide Building Code and section 312, Use Group U (Utility) of the BOCA National Building Code/1996. All plans submitted for permit shall include the seal for a Virginia License A/E. Please note Chapter 17 of BOCA for special inspection requirements. Fire Marshal: Emergency vehicle access must be maintained. Plan approval recommended. Health Department: No objections; however, structures shall not be placed (constructed) on permitted private wells or drainfields or interfere in the construction of private wells and drainfields. SBA, Inc. (Dr. Fish Property) CUP #02-99 Page 2 March 29, 1999 Sanitation Authority: Currently, we do not serve this area. In October 1997, I reviewed plans that would put a water line in this area. Dr. Raymond Fish submitted them through Greenway Engineering, Inc. The drawings were returned for corrections and have not been resubmitted. From your parcel map, I cannot determine if this line would conflict with the tower site. I do not know if Dr. Fish proposes to continue with the extension of water service to this area. Winchester Regional Airport: See attached letter from Serena R. Manuel, Executive Director, dated 2/23/99. City of Winchester: No comments. Planning and Zoning: Background The applicant proposes to build a 180' monopole Commercial Telecommunication Facility that is designed to accommodate three to five telecommunications carriers depending upon the antenna configuration required by each carrier. The proposed facility will be located on a 4.93 -parcel that is part of the Dr. Raymond Fish Master Development Plan (#005-95). This master developed property is located adjacent to Interstate 81, Hopewell Road, and a Conrail Railroad right-of-way. Zoning Ordinance Requirements Commercial Telecommunication Facilities are permitted in the B3 (Industrial Transition) Zoning District with an approved Conditional Use Permit. Frederick County's Zoning Ordinance specifies that a CUP for a Commercial Telecommunication may be permitted provided that residential properties, land use patterns, scenic areas and properties of significant historic value are not negatively impacted. Furthermore, additional performance standards shall apply to the CUP review in order to promote orderly economic development and mitigate the negative impacts to adjoining properties. Zoning Ordinance Conformance The applicant is a developer of telecommunication infrastructure whose goal is to provide a structure on which the licensed telecommunications providers can locate. With this in mind, the applicant does not want to locate on existing structures. Their objective is to provide a telecommunications facility in an area where there is a demonstrated need for such a facility. It is star's belief that an inventory of existing telecommunication facilities in the area, the identification of all licensee holders and service providers in the area, and the potential for collocation opportunities on existing structures is information critical when determining the need for additional Commercial Telecommunication Facilities. This information is required by the Zoning Ordinance. The analysis of coverage need and the maps within the application SBA, Inc. (Dr. Fish Property) CUP #02-99 Page 3 March 29, 1999 are insufficient to determine the adequacy of the search area, and the existing coverage and capacity of the licensee holders in the vicinity of the proposed facility. With the exception ofthe above, and the required setback distances discussed in the following section, the proposed Commercial Telecommunication facility is in conformance with the requirements of the zoning ordinance. Request for setback waiver The Zoning Ordinance requires that towers of 180' in height (as is proposed) be placed a minimum of 195' from the Interstate 81 right-of-way and 160' from the side and rear property lines. Recognizing the setback requirements, and the location of the proposed future road identified in the above mentioned MDP, it would be practically impossible to locate the proposed Commercial Telecommunication Facility on this property in conformance with the setback requirements. The applicant is requesting a waiver ofthe setbacks pursuant to Section 165-48.6.(B)l of the Zoning Ordinance as they are proposing to locate the Commercial Telecommunication Facility approximately 40' from both the Interstate 81 right-of-way and the existing northern side yard. The Planning Commission may reduce the required setback distance for Commercial Telecommunication Facilities if it can be demonstrated that the location is of equal or lesser impact. In this case, staff believes that the visual impact, in particular to the approximately 34,000 (1994 traffic count) vehicles driving along this section of the interstate on a daily basis, would be greatly increased by waiving the setback requirements. Further, the property does not contain physical characteristics that are exceptional, unique, and extraordinary in comparison with other properties in the vicinity. Conformance with the requirements of Section 704 of the Telecommunications Act of 1996 The applicant is not a personal wireless service provider and has not demonstrated that this is a personal wireless service providers facility. Therefore, the requirements of the telecommunications act would not be applicable. However, it may be appropriate to evaluate this application in the manner a personal wireless service providers application would be evaluated. The applicant' objective is the same as a personal wireless service provider's and the economic viability of the construction of the tower is dependant upon addressing the needs ofthe personal wireless service industry. The infrastructure developed by this applicant, and other infrastructure developers, may be ofbenefit to the County and the personal wireless service providers should it be clearly demonstrated that there is a need for the infrastructure due to a lack of coverage and capacity in an area of the County. This application has not clearly demonstrated the need for the infrastructure within the area of the County identified. SBA, Inc. (Dr. Fish Property) CUP #02-99 Page 4 March 29, 1999 STAFF RECOMMENDATION FOR THE 4/07/99 PLANNING COMMISSION MEETING: Staff believes that this application for a Commercial Telecommunication Facility has not adequately addressed the requirements of the Zoning Ordinance in that a need for this facility, based upon a lack of coverage and capacity in this part of the County, has not been demonstrated. In addition, the visual impacts of the proposed facility will be increased due to the requested proximity to the Interstate 81 right-of-way and the many individuals who travel along the Interstate. Should the Planning Commission choose to recommend approval of this application, the following conditions of approval would be appropriate: All Zoning Ordinance requirements and review agency comments shall be addressed and complied with at all times. 2. The tower shall be available for locating personal wireless service providers, at reasonable rates. A minor site plan is approved by the County. 4. The tower shall be removed by the applicant or landowner within twelve (12) months of the abandonment of operation. 5. The tower shall not be constructed until the applicant has demonstrated that a personal wireless service provider will be located on the facility. CUP #002-99 PIN: 33—A-164 SPA, I;:tc. (Dr. Raymond L. Fish property) Produced by Frederick County Planning and Development, 03-22-99 APPROVED By FREDENICK COUNTY ZONWG AM NISIRATWR ScNArURE OATE sa,A. SBA, INC. SBA JOB# 1 CLEARBROOK SOUTH SIDE HOPEWELL RD. APPLICATION FOR: CONDITIONAL USE PERMIT COUNTY NOTES 1. 045 THE CCNFRACTOR'S RESPONEB911Y TO EKAMWE ALL PRAN SHEETS MO SPECYCATONS ANO COOROOUIE RILLS WORK W(M THE RK IS OTHER CONTIMMRS TO ENSURE THAT WORK pROMES510yWOO a ALLN0i 90ERRUPTEO. 2. NO N!W OWELIAO WIR WILL BE CONSTRUCTED ON INE PROPERTY W CONAYI WN WiH iH6 AFPLIG7ION, 1 NFORWIION SHOWN ON THESE DRAWWDS WUS OBGNEp FliW A SURYEY ENRREO 'CLEMBROOIC PEAFORIIW fiY DIE ENGWFFAOLG GROUPE ANO DATED 11/25/91 4. NO PMKWO SPACE£ REFUSE COLLECTION AREAS, OR SIDEWALKS ARE RFOURED FOR 1195 SIE S. CONSTRUCRRN WASTE WY NFrIH1Et RE BURNED NOR BURED AND &I=IE TAKEN TO A STATE APPROVED MILL B. NO WASEWA7IFR SYSTEMS WILL OE INSTNLEp OINLWG INE DROP OF THIS E7E NO E%15TING WLASEEWATEN M11]IS WYL DE AFTECIEO RTY 1HE OEVELOPYFNI DF TW5 SIRE 7. OSS PW B BFLd AyEO N CONBNCION W91FI AM APPI1GiKMi EOR FREOFNIX COUIRY Z�OKNG OROIt1AtACETO SFC7IDN IBS -41{ OF lIE 1 CONSIRUCt10N MO DEVELOPNENi IS LILYfED TO ONE (II UIWNNED AND UNOCCUPIED iEIECONuIWGiONS TOWER 91E. THi TOWER COMPOUND WILL CONSST OF ONE WOW YONDPbLE 12' M 30• EOURPYENI SHELTER INA O OS ((AS SHOWN itP. ON IIRAWWGS AND WS{A11E0 BY 0t11ER51. THE COUPOUHD WLL & ENCLOSED Bf AND 18CH OWN LWK FENCE TOPPED WRN LWItEO WALE FOR SECURITY. ACCEAINSS i0 IME CONFOUND WNL eE PR0`AOED Rf A lY WIDE DOUBTS LAYER OF GRAVELS ANp SCRSCREENED N1 N4AUNOSO CAPD( S{NW WL�SII'E IN TRE COMPCKUNOUND FOUR NTUgEA iEIEfAVO AipN4O WflrIQN EOUWUENTE� TOWER CO-LOGIION. LIMITING THE NEED NR FUNRE TOWERS N THE 14MEOLt1E VICYKIY. VEHICULAR ACCESS to THE HEWER SITE WKS N PROVIDED BY A 10' GRAVEL ACCESS ROAD. 9. TOTAL PROPOSED CROUND FLOOR AREA = 360 SF. FLOOR AREA ID LEASE AREA RARO (FM) " 0.077 PROJECT INt jRMATION TAX MAP: 33 A I. SITE NAME: CLEARBROOK SITE ADDRESS: SOUTH SIDE HOPEWELL RD CLEARBROOK, VA 22624 LATITUDE 39' 15' 14" LONGITUDE 78' 06' 09' ZONING CLASSIFICATION: 82/83 INDUSTRIAL ZONING JURISDICTION: FREDERICK COUNTY OCCUPANCY CLASSIFICATION: N/A AREA OF DISTURBANCE: 16,000 SF =.37 ACRES ACREAGE OF PARCEL: 4.93 ACRES LEASE AREA: 70'x 70' ZONING APPLICATION §-- PROJECT : PROJECT DIRECTORY OWNER: RAYMOND G & IRIS JOY FISH 174 WARM SPRINGS RD WINCHESTER, VA 22603-2716 540-667-1454 APPLICANT: SBAINC. 10067 OAKTON TERRACE RD OAKTON, VIRGINIA 22124 703-255-0001 TELEPHONE CO.: ELL ATLANTIC 540) 829-2620 POWER CO.: ALLEGHENYPOWER 1-600-255-3443 DRAWING INDEX DRWG. j TITLE REV./ DATE TI COVER SHEET 1 COUNTY NOTES (CONT.) r1A SLIRYLY 10. THE F?KOF EPL tO WIDE GRAVEL ACCESS ROAD WILL & SURFACED IMIRE E Of i5 STONE GRAVEL AHD UNEO Bf GEOTEXIILE RLTER c 718 T PARAL 1 P'wblN WACE�OWAL ISE IACO'E1Ww0E 20' LOIO✓G AND BE EI PEAPENOICUTAR TO IHIE ACCESS ROAR A4A„ j' 1/08/99 11. OUTDOOR UGHiNC MALL BE IWITED TO ANY SXRW UGNOlO REOUBREp BY THE FEDERAL AVIMKN )DYWSTRA7ON AND l0GiE0 A 1HE Top GENERAL NNEs, ucm k ABBIKVATONS 0 LLYEOI.E TOWEL NO OUIDOO= LNJIIING WLL DE LOCATED AT SUM @�n RIARDO) WE PLANS 12. LANDSGpIN6 SOUL CONSIST OF A LANDSCAPE STRIP 8' N WIDTH THE FENCE) COWOUNp, THE UNOSCAPE SCRIP SWIL �� n W CONRONNA CONTAIN A SWGLE ROW OF EVERGREEN iNFES PIANLEO AT WIENALS L 6COYPa OT 0 12/17/98 PALE STRAW TNF PERCENTAGE OFE TOWER :C LE LANDSCApEn Ls 26x WOL e 13. OO MEAS ARE O FATED FOR OUIDOOR STORMS, DISPLAY OR PROCESSWG ♦`' TOMER EI VATICN It TELEPHONE 14. OO SPECWIC STORMIWiFR IIANAG0" FMALRIES SW PROPOSE0. RUNOFF EALCUTATONS 91gG7E A 0.664 CFS WCRFASE W SMfACE RUNOFF "FORWA 12/17/98 100 -YEAR STOTW IWi WILL 8E EYIOEN! AS SHEE! FIDW AND NOi AFFECT PROPERTIESCAIOR ENMONMENIK FEATURE£ SEE THE ANYCSA .FST ATTACHED FENCE t CONFRUC7DA ENT DETAILS 0 1£ =ENE ARE N0 RECRGr10Nt1 MEAS OR COMMON OPEN SPACE PROPOSED FOUL DUS OflF10PYFNl. CIS SILT FENCE t ROADWAY OETAAS 16. ALL CONSIRUCNON SHALL CoM LY WON THE FREDERICK COUNTY ME CODE. LOCATION MAP OF SETeAC16 AS SHOWN PU6 r t7. THE APPLpMiT 6 AE -*== 10 sEnlox Irs-4aa(e l OF AHE FRmER10( CaWArc taxNG aRaNNLCE. NO SCALE 11 1195 511E B tDCMED fANy 20NE C M SIOWN ON C"M N "'KILL WYBER 510055 0050 A MIFD 1L1R01 18, 196£ DIRECTIONS EI 1-61: NORTH ON 1-81 TO SKIT 321. ROUTE 672 (HOPE WELL ROj EAST TO IST RICHT AT KINGDOM FARM SIGN. FOLLOW ROAD TO ENO PAST AA MOEILE MARKET, INC. TO SITE, 12/17/98 PROJECT INt jRMATION TAX MAP: 33 A I. SITE NAME: CLEARBROOK SITE ADDRESS: SOUTH SIDE HOPEWELL RD CLEARBROOK, VA 22624 LATITUDE 39' 15' 14" LONGITUDE 78' 06' 09' ZONING CLASSIFICATION: 82/83 INDUSTRIAL ZONING JURISDICTION: FREDERICK COUNTY OCCUPANCY CLASSIFICATION: N/A AREA OF DISTURBANCE: 16,000 SF =.37 ACRES ACREAGE OF PARCEL: 4.93 ACRES LEASE AREA: 70'x 70' ZONING APPLICATION §-- PROJECT : PROJECT DIRECTORY OWNER: RAYMOND G & IRIS JOY FISH 174 WARM SPRINGS RD WINCHESTER, VA 22603-2716 540-667-1454 APPLICANT: SBAINC. 10067 OAKTON TERRACE RD OAKTON, VIRGINIA 22124 703-255-0001 TELEPHONE CO.: ELL ATLANTIC 540) 829-2620 POWER CO.: ALLEGHENYPOWER 1-600-255-3443 DRAWING INDEX DRWG. j TITLE REV./ DATE TI COVER SHEET 1 1/00/99 r1A SLIRYLY 0 It/i5/98 718 A"SSU LIENT NAP 2 1/08/99 CI GENERAL NNEs, ucm k ABBIKVATONS 0 17/17/98 C2 RIARDO) WE PLANS 1 1/08/99 W STAKING, GRAOIM' EROS" ! SEDIMENT 0 12/17/98 CONTOL PUNS CE TOMER EI VATICN It TELEPHONE 0 12/17/98 SUB OEINL CS FENCE t CONFRUC7DA ENT DETAILS 0 12/17/98 CIS SILT FENCE t ROADWAY OETAAS 0 12/17/98 L7 LMDStAPINC PLANS O 12/17/96 EI ELECTRICAL SITE PLAN t DETAILS 0 12/17/98 E2 CROUNW4 SITE PLM 0 17/17/96 ES ONE -UNE OAGRAl1 k 0 12/II/98 ELEaR1U,L DETAILS E4 GENERAL NOTES 0 12/17/98 IESTERLY MGNT-OF-WAY LINE OF CONRAIL ' RAYMOND Lt IRIS A FlSH PARCEL A NITAINING 4.93 ACRES t: THENCE 4RL' YV -NAY UNE OF CONRAIL RAILWAY AND LS AAK N47SY09'W 401129 FEET ET TO SPf�jV ��/^.S ME NORTHEASTERLY CORNER OFA .OWING FOUR (4) COLS ROgO �VgRlge� 0 v67 �7 1, 71` IF 1 115 OF LAND MORE OR y 10 Wq Y -t211 28' E ) N Ma 69-83 44.21' S72',13'S7'E 401 2' �24.4L 104.15" a sa12s� a'E ' N59,03'237 1 0.58' N27'52'49'E + 6 BO 52.41' S75'391 N4E 47.50'a' N41'2439'E 11,172' 60.92' I,1SO'- EX ASPHALT RO AY 572 4W12'E END ER. ASPHALT ROADWAY 55.97' 7,8.14. 12 N7nS'DO-E 50.11 PROPOSED 20' iNGRESS-EGRESS A U71UTY ESM'T. . 6 EJC GRAVEL ROA AY �y r� N35'50'27'E 935.70' �7 D Z AF CENTERLINE CREEK IMPOSED SELF-SUPPORT LAT. - N3915'14.070' LON. + W79'06'07.4a9' NORTHING + 7139958.554 ELEVATI + 17595605 m% / 200 ELEVATION - 834.1 AMSL PROPOSED HEIGHT - 180' AGL ML170- H BEARING 00 N3222'31uwlS5T3 29 E 0.00 S3222'31"W N577 29 W GRAPHIC SCALE ( al FQT 1 1 Ineb � 11111 R. 529'33'02'E 2�. S732t'26'E 50.00' 0-33- -E S74'04'51'E - 54.31' AD:•11TT--D ;N V!RGINIA :,ND T,-']{ST='ICT -CLUMEIA IltIC E -ii V;,RJill/f:1 __ -2 �T �, t, n itliCHEL,L, iiICSATI ADMITTED !N VIRGINIA FAC SIPIILE: 703 749-6063 2ARECT DIAL 703 749-6C62 DIRE --T DIAL =3 7..9-5Cc'1 :.IA.,L: `AAR�=HCRVlATTASSOC.COM _MAIL: MSHCH^RWA':T.ISSCC.CCM June 22, 1999 Frederick County, Virginia Department of Planning and Development 107 North Kent Street Winchester, Virginia 22601 ATTN: Michael T. Ruddy Via Facsimile at 540-678-0682 and US Mail RE: Conditional Use Permit 903-99 SBA, Inc., Applicant 173 Catlett Lane, Middletown Tax Map No. 1-6A (Warren County parcel number) Dear Mr. Ruddy: Pursuant to our discussion yesterday, the applicant respectfully requests that the Planning Commission table consideration of the above referenced Conditional Use Permit for three months. This will enable the applicant to compile and submit written support for the need for the proposed structure in response to concerns raised in the staff report dated March 29, 1999. I anticipate that this deferral will necessitate that the application be re -advertised and posted; please let me know what the new scheduled Planning Commission date will be so that we may help ensure that these requirements are met. While the applicant had anticipated being in a position to move forward at the July hearing, the carriers who are in active discussions with SBA for this site have not yet executed lease agreements or options on the site. SBA is, however, in active negotiations and anticipates that this requested tabling will be all that is required before the applicant can give staff and the Planning Commission the confirmation for the need for the proposed structure as evidenced by executed leases. Very truly yours, Michelle A. Rosati MICHAEL HORWATT & ASSOCIATES, P.C. Counsel for SBA, Inc., Applicant ADVOCACY ON LINE YPN' i.HORINAT T AsvOC.00N1 VASS 4179 Cedar Creek PC REVIEW: 04/07/99 BOS REVIEW: 04/28/99 CONDITIONAL USE PERMIT #03-99 SBA, INCORPORATED (Richard M. Cooley) LOCATION: This property is located at 173 Catlett Lane. Catlett Lane is a private road whose access MAGISTERIAL DISTRICT: (Opequon) TAX MAP NUMBER: 1-6A (Warren County) PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas); Land Use: ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) and A (Warren County Agricultural); Land Use: Interstate Highway and Agricultural PROPOSED USE: Erect a 250' self-supporting lattice tower telecommunication facility 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: Structure shall comply with the Virginia Uniform Statewide Building Code and section 312, Use Group U (Utility) of the BOCA National Building Code/1996. All plans submitted for permit shall include the seal for a Virginia License A/E. Please note Chapter 17 of BOCA for special inspection requirements. Fire Marshal: Emergency vehicle access must be maintained. Plan approval recommended. Health Department: The Frederick County Health Department has no objection to this proposal since the planned facility will not require sewage disposal facilities. Sanitation Authori : We do not have any water or sewer facilities in this area. We do not serve this area. SBA, Inc. (Richard M. Cooley Property) CUP #03-99 Page 2 March 29, 1999 Winchester Regional Airport: See attached letter from Serena R. Manuel, Executive Director, dated 2/23/99. City of Winchester: No comments. Planning and Zoning: Background The applicant proposes to build an 250' lattice Commercial Telecommunication Facility that is designed to accommodate five to eight telecommunications carriers depending upon the antenna configuration required by each carrier. The proposed facility will be located on a 15.4- acre parcel, part of which is in Frederick County, the remainder is in Warren County. The actual tower will be located wholly within Frederick County. The Cooley property is located adjacent to Interstate 81 and Interstate 66, in the northeastern quadrant of the intersection of these two interstates. Zoning Ordinance Requirements Commercial Telecommunication Facilities are permitted in the RA (Rural Areas) zoning district with an approved Conditional Use Permit. Frederick County's Zoning Ordinance specifies that a CUP for a Commercial Telecommunication facility may be permitted provided that residential properties, land use patterns, scenic areas and properties of significant historic value are not negatively impacted. Furthermore, additional performance standards shall apply to the CUP review in order to promote orderly economic development and mitigate the negative impacts to adjoining properties. Zoning Ordinance Conformance The applicant is a developer of telecommunication infrastructure whose goal is to provide a structure on which the licensed telecommunications providers can locate. With this in mind, the applicant does not want to locate on existing structures. Their objective is to provide a telecommunications facility in an area where there is a demonstrated need for such a facility. It remains staffs belief that an inventory of existing telecommunication facilities in the area, the identification of all licensee holders and service providers in the area, and the potential for collocation opportunities on existing structures is information critical when determining the need for additional Commercial Telecommunication Facilities. This information is required by the Zoning Ordinance. The analysis of coverage need and the maps within the application are insufficient to determine the adequacy of the search area, and the existing coverage and capacity of the licensee holders in the vicinity of the proposed facility. With the exception of the above and the required setback distances and proposed lattice construction type discussed in the following sections, the proposed Commercial Telecommunication facility conforms with the remaining requirements of the Zoning Ordinance. SBA., Inc. (Richard M. Cooley Property) CUP #03-99 Page 3 March 29, 1999 Request for setback waiver The Zoning Ordinance requires that towers of 250' in height (as is proposed) be placed a minimum of 275' from the Interstate 81 and Interstate 66 right-of-ways. The applicant is requesting a waiver of the setbacks pursuant to Section 165-48.6.(B)l of the Zoning Ordinance as they are proposing to locate the Commercial Telecommunication Facility approximately 220' from the Interstate 81 right-of-way. Recognizing the setback requirements on the parcel as a whole, it would be possible to locate the proposed Commercial Telecommunication Facility on this property in conformance with the setback requirements. The Planning Commission may reduce the required setback distance for Commercial Telecommunication Facilities if it can be demonstrated that the location is of equal or lesser impact. In this case, staff believes that the visual impact, in particular to the approximately 34,000 (1994 traffic count) vehicles driving along this section of Interstate 81 on a daily basis, would be greatly increased by waiving the setback requirements. In addition, by moving the tower to the west, it moves closer to the historically significant area south of the Town of Middletown, the Cedar Creek Battlefield, and may become more visible from that location. Further, the property does not contain physical characteristics that are exceptional, unique, and extraordinary in comparison with other properties in the vicinity. Request for construction -type waiver Monopole -type construction is required for all new telecommunication towers. The Planning Commission may allow lattice -type construction for new telecommunication towers that are located outside of the Urban Development Area and are not adjacent to properties that are historic sites. This property is located outside of the Urban Development Area but may be visible from the Cedar Creek Battlefield, approximately 2,500' west of the proposed site. In this case, it may not be appropriate to waive the monopole requirement. Conformance with the requirements of Section 704 of the Telecommunications Act of 1996 The applicant is not a personal wireless service provider and has not demonstrated that this is a personal wireless service providers facility. Therefore, the requirements of the telecommunications act would not be applicable. However, it may be appropriate to evaluate this application in the manner a personal wireless service providers application would be evaluated. The applicant's objective is the same as a personal wireless service provider's and the economic viability of the construction of the tower is dependant upon addressing the needs ofthe personal wireless service industry. The infrastructure developed by this applicant, and other infrastructure developers, may be ofbenefit to the County and the personal wireless service providers should it be clearly demonstrated that there is a need for the infrastructure due to a lack of coverage and capacity in an area of the County. This application has not clearly demonstrated the need for the infrastructure within the area of the County identified. SBA, Inc. (Richard M. Cooley Property) CUP #03-99 Page 4 March 29, 1999 STAFF RECOMMENDATION FOR THE 4/07/99 PLANNING COMMISSION MEETING: Staff believes that this application for a Commercial Telecommunication Facility has not adequately addressed the requirements of the Zoning Ordinance in that a need for this facility based upon a lack of coverage and capacity in this part of the County has not been demonstrated. In addition, the visual impacts of the proposed facility will be increased due to the requested proximity to the Interstate 81 right-of-way, the many individuals who travel along the Interstate, and the Cedar Creek Battlefield located west of the proposed site. Should the Planning Commission choose to recommend approval of this application, the following conditions of approval would be appropriate: All Zoning Ordinance requirements and review agency comments shall be addressed and complied with at all times. 2. The tower shall be available for locating personal wireless service providers, at reasonable rates. A minor site plan is approved by the County. 4. The tower shall be removed by the applicant or landowner within twelve (12) months of the abandonment of operation. The tower shall not be constructed until the applicant has demonstrated that a personal wireless service provider will be located on the facility. /��^•���� W F.:•Ir K"z E ...�/ �� J�\ RI oo s 6 / 19 n MEADOW 4dow / 2 MILLS 2Nt 5 pts. 31 32A Rti 30-330 2 pta 32 �1 586 s pts. B see 36 � 58A b�C, R� 6 5 pto. 3354 Y 01 s 53 s59A R� 9 �g FjOrsy $` � v 42 ❑ c 40 59 0 2 Pts. tO 35A e R.M. Cool y 39 39A �. ` .M. Ccs FREDERICK t Ei WARRE`I a O NT f _ HWY. CO. FREDE CK COUNT SINE WARR 37 - 2 Pls 2 Pots- z: pf (W2-1) (W2-2)1 CUP #003-99 PIN: 90-A-60 SPA, Inc. (Richard M. Cooley property) Produced by Frederick County Planning and Development„ 03-23-99 IAPPAOYEo 8'Y FREOERICN COUNTY IOHNG AOWHSIRATpq SIGNATURE GATE I ISBA, -EL SBA, INC. SBA JOB #4 CEDAR CREED 173 CATLETT LANE . APPLICATION FOR: CONDITIONAL USE PERMIT COUNTY NOTES 1. R IS THE CONTRACTOR'S IIESPoNSIBIUtt r0 FwIWE ALL PLAN SHEETS AND SPECMIG710N5 AVO CDORODUIE NSW CK WRN TIE WORK E ALL OTHER CONTRACTORS TO ENSURE OUT HS PASSION O NOT 9RERRUPIFD. 2 NO NEW awl" W" L9NTM WEl eE CONSIr. ON THE PROPERTY IN ODNJUNCHOW WITH LHS ApPUGtA1N 1 WFORWIgN SIHOIYN ON iHFSE ORTO By WAS OBfAWfO FR04 A SU— FNDIIED'CI'D41 CREEK' PERFORMED 81f TIE ENGWEFAWG CROUPf ANO GATED A/4/9$ 4, RD PAPoIWG SPACE*. flFfUSE COUECIION AAELS, OR SIDEWALKS ,ARE RE. ED fCR IH* ATF, COW $ NE�TON A ASETEE MPflOVFD lANOFE MAY BE MHOMIER M LL9ULD RNNOR BURRO All MOST $ OF R9 SITE NO O AS�EEW1 iifR M(EL6 WILL�gE OQ[p 6Y THE DEVEDPYFNf OF THS ATE 7. IHS PIAT 8 BEING FRED M CONARNCIION WM NT AN APP1.2'ARpN !OR FRWLF NLL 115E ZQ% OROIN1T D SECTgN I61 -48e OF iFE FRONaoT awx17 2DI9N0 ORD9MNCE. $ CONSTRUCIIOU wwRAanON* TOWER SITE ixE TOWER AT A HE"T OF OWER-' W11 CONSIST OF ONEµp(j1 *ELFER SITERR IN COMMUNGIIDNS \� (COINPOUNO O.M.' D BY A 4 HE CO -POU. N FZILL C U—IINDfTBNCE F—O RINED 'iWE FOR SECURITY, ACCESS TO THE COLIPOUNO WILL BE FRONDED 9Y A 12' WIDE OOUDLE *WING GTE. THE COMPOUND MEA WILL BE COVERED WITH I/e/99 A C CHAIN LUW2RFENCEASPACE WR.L MESH WH INLAND LANDSCAPESTRIPOUTSIDE THE CONFOUND FOR UTURE iELEC�IDIUNN'ATONS EOMPNENT I MET'AND ANTENNA VIC0+��VFFIiCU1M ACC(S TO TFHERiONwERR4iE TOWERSLLROYYEIMMEDIATE E THE BYR A 1P CMVEL ACCESS ROAD CON THEHHO W GIDE,, ,ANE. /� L0QATION MAP 9. TOTAL PROPOSED GROUND BOOR MEA 300 SF. f100fl AREA TO LEASE MCA RATIO (FAR) . 0.036 NO SCALE 10. WRE ME NO SENSITIVE ENNRONVENfAt TCAIL9ES LOCATED NEM, OR AFFECTED BY. THE PROPOSED CONSrRUCTNON. DIRECTIONS. OAKTON, VIRGINIA 22124 To WEST N 1-81 NORTH TO EXIT 302 RT. 627 (REUANCE RD.) EAST TO SOUTH ON BUCKTON RD (RT. 842) 9 MILES TO SOUTH ON LANE (703) 255-1051 APPROXCATLE . I MILE TO WEST TO SITE APPROX, 1 NILE INTO PASTURFTE. COUNTY NOTES (CONT) 11. THF PROPOSEp 10' WOE f2UVq ACCESS ROM WILL BE SLMFACD WiH 6 OF /57 *LONE G MF1 ANp UfNA gy OEOTODRE RLTER FA$fiC. ONE (IPARKING/IUNNMOIWO SPACE WILL BE Pp041DE$ µ0 HG/RNUMR CND *PACE WILL (R 10' WIDE BY 20' ONO AWNNEO PERPFNO S AR TO TIE ALOS9 ROAD. 12 OUTDOOR LIGHTING WILL BE UMM TO ANY SOK UGMWO REDUWD BY THE FDERML AVUTMM ADMINBTRLDLNI AND LOCATED AT ONE TOP OFFYb TOWER No OUTDOOR t1GNRNO VAL BE LOCATED AT GROUND 11 1AN05fAPINO *NHL CONSIST Of A LANOSGPE STRP 8' W WIOTN COMTARI AA SR iE POW EOUyERGREOj 7REESHA4fEp i INiEgy$ AMIDE STRAW ENf� PE CFN1AlS OF'EOF'E 10WT*R C BOMPONHO MIDI WYL TrE lANO$FApfO 6 21.4x 14. NO ARF/$ AVC OFSIGN,AID FOR OU7000fl STaUGF, DISPLAY OR PROCESSING, I5. NO SPECMIC STORYtWTER YANAGELENT l%UCALCUllT1E* ME PROPOSED. RUNOFF 100-YEARSTORM IIUIN Ii WILL BE ENDENf AS MEET FLOW µp NO�AFFFC( ANY ADIT, PROPEROES OR ENVINOHIENtAL fCANRFS. *fE IPF AT7ACFIED CALCIM110NS. THIS 91E CON ANS NO CRI DGL EROSION MFRS. 1$ TIMRE ARE NO RECRCAHONM MEAS OR COWION OPEN SPACE PROPOSED fOR 1199 DEVfLOPUENf. IT. ALL COFSLRUCigN MALL COMPLY WIN THE FREDERICK COUNTY FINE CODE. 1$ 111E APPIICAM B A WMA Oi SFIBICi6 AS SIOWR PLWSOANT D SECIMW Ito -41.6(8 1 OF iNE FROERiaL COUNTY 20NWG OROWANCE, 19. IHS SITE 6 NOF 1OG10 WTF9N TIFF 100 -TEM ft000P1A91 ACCOg09FG TO i3J[Y COMWa PANEL 5100}5 0050 $ CAD WRON T$ 1981 PROJECT IN' MATION TAX IDji: 1-6A SITE NAME: CEDAR CREEK SITE ADDRESS: 173 CATLETT LN MIDDLETOWN, VA 22645 LATITUDE 39' 00' 36' LONGITUDE 78' 17' 34" ZONING CLASSIFICATION: RA ZONING JURISDICTION: FREDERICK COUNTY OCCUPANCY CLASSIFICATION: N/A AREA OF DISTURBANCE: 0.35 ACRES AREA OF PARENT PROPERTY, 15.4 ACRES LEASE AREA: 0.23 ACRES PROJECT DIRECTORY OWNER: RICHARD MILLER COOLEY COVER SHEET 173 CATLETT LN I/e/99 MIDDLETOWN, VA 22645 I (540) 869-2178 APPLICANT: SBA, INC. I/9/99 10007 OAKTON TERRACE RD 2 OAKTON, VIRGINIA 22124 X'ERA L ALE PIAN (703) 255-1051 ENGINEER: POND"COMPANY 2 2635 CENTURY PKWY., STE. 800 9 SEOWENi CONTROL ANtS ATLANTA, GEORGIA 30345 (404) 633-8998 TELEPHONE CO.:BELL ATLANTIC 'OWER ELEVATION (540) 829-2620 POWER CO.: ALLEGHENY POWER 2 (800) 255-3443 owc. TI TTA THIS cl C2 C3 C5 Ce L1 EI E2 E3 E4 DRAWING INDEX TITLE REV.# DATE COVER SHEET 3 I/e/99 $URVE7 I 1/4/99 ASSESSMENT IUP 3 I/9/99 XHDAL NOTE*. LEGEND k A89REVUTION9 2 1/3/99 X'ERA L ALE PIAN 3 I/B/99 MOND GRADING. EROSION 2 1/5/99 9 SEOWENi CONTROL ANtS IRMWA7 am 2 1/5/99 'OWER ELEVATION 2 1/5/99 'ENCE k CONSWUCTNW EKIT OETAAS 2 . 1/5/99 R.T FENCE It ROADWAY DETAILS 2 1/5/99 ANOSCAPE PIAN 21/5/99 LECTRICM. SITE PIANS 2 1/5/99 ROUNgNG PINE k DETAILS 2 1/5/99 NE -UNE DWAW A ELECTRXAL OE(NLS 2 I/5/99 ENERAL NOTES 2 I/5/99 a \'P7- R� 1 a�0 / 4. \ A,PPROW1,ATE LOCI"n m COUNT`I UNE FREDem" COUNTY --��� wARRi7N COUNTY iZTHEASTERLY RICHT-CF-WAY LINE OF INTERSTATE /6a. :OiNER TO THE PROPERTIES NOW OR FORMERLY IN THE OLEr THENCE RUNNING WITH THE LME OF COOLEY T; THENCE MTN THE LINE OF COOLEY AND THE PROPERTY HAROLD 0. COOLEY m5'18'29 -W 1328.50 FEET TO A POINT; -Tr42'28'W 27858 FEET TO A POINT M THE NORTHEASTERLY P6a: THENCE ALONG SAID RICHT-OF-WAY LINE IN A IATELY 980 FEET +/- TO THE POINT OF 9EGNMNG AND S ill SING COMMON CORNER TO THE PROPERTY NOw OR FORMERLY 3LEY AND HAROLD 0, COOLEY; THENCE LEAVING SAID CORNER IARO MILLER COOLEY S48'36'43'W 629.35 FEET TO A POINT; I AND RUNNING THROUGH THE PROPERTY or RICHARD MILLER THE PONT OF aEGNNING Of THE 100• X IDD- LEASE AREA; F04.LOWWNG COURSES AND DISTANCES: THENCE THENCE THENCE 4T OF BEGINNING OF THE 10O' X 100' LEASE AREA AND RE OR LESS. PROPOSED SELF-SUPPORTLAY. - N3900'35.82O` LON. - W78TY33.43T NORTHING - 7050924.474 FASTING- 11541a45.407 ELEVATION - 693.9 PROPOSED TOWER HEIGHT - 250' Aa PROPOSED 100' X 100' LEASE AREA PROPOSED 20' INGRESS -EGRESS t UTILITY ESM*T. (ALONG EX GTI.ETT LANE] 0.9 MILE TO S BUCKTON RD. R GRAVEL ROADWAY r � FENCE FENCE CORNER r" CORNER r 1 1 1 GRAPHIC SCALE 1 (01 t�T r f IBeG - 40 R PC REVIEW: 07/07/99 BOS REVIEW: 08/25/99 CONDITIONAL USE PERMIT #10-99 GLENN AND NATALIE MILLER (GEM LIMOUSINE) Cottage Occupation - Limousine Service LOCATION: This property is located at 1100 Front Royal Pike. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBERS: 64D -A-17 PROPERTY ZONING & PRESENT USE: Zoned RP (Residential Performance) District; Land Use: Residential ADJOINING PROPERTY ZONING & USE: Zoned RP (Residential Performance) District,- Land istrict;Land Use: Residential and Vacant PROPOSED USE: Cottage Occupation - Limousine 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 to more than three business vehicles in the future, the entrance may have to be upgraded to VDOT minimum commercial standards. Inspections Department: No comment required for change of use provided business is conducted outside and public does not enter structures. Fire Marshal: Plan approval is recommended. Sanitation Authority: No comment. GEM Limousine CUP #10-99 Page 2 June 24, 1999 Planning and Zoning: This application is a request to permit the addition of one (1) non- resident employee to an existing home based limousine service. The involvement of an employee other than members of the immediate household in the operation of a home-based business is permitted as a cottage occupation. A cottage occupation is permitted in the RP (Residential Performance) Zoning District upon approval of a Conditional Use Permit (CUP). This application was prompted following several months of discussion between the applicant and staff regarding the permissibility of a home-based limousine service within the RP District. In response to a request by the applicant, the Zoning Administrator determined that a limousine service could operate as a home occupation assuming the number of limousines located on the subject parcel was limited to the number of household members actively engaged in the business. It was reported that three (3) household members participated in the business, which subsequently permitted the parking of no more than three (3) limousines on the property. Following this determination, a complaint was received by the Planning Department alleging the parking of numerous limousines in both the front and rear yards of the subject property. Staff inspected the site and confirmed that the applicant was parking more than three (3) limousines on the property and, at times, advertising the business through temporary signage affixed to vehicles parked along the Front Royal Pike (Route 522) right-of-way. The applicant was notified by certified mail that the observed limousine service exceeded what was permissible as a home occupation. Indeed, the maintenance and storage of more than three (3) limousines on the property was deemed to constitute a commercial limousine service with drivers, which is not a permitted use in the RP District. It is important to note that a commercial limousine service is a use permitted by the Zoning Ordinance in either the B3 (Industrial Transition), M1 (Light Industrial), or M2 (Industrial General) Zoning Districts. Subsequent inspection of the site revealed the continued presence of this violation, which resulted in the filing of a criminal complaint in General District court. The applicant was ultimately found guilty of operating a commercial use in a residential zoning district. The intensification of the limousine service on the subject property beyond the established limits of a home occupation is possible through the provisions of a cottage occupation. Specifically, a cottage occupation would expand the use by allowing the applicant to install a sign four (4) square feet in area, utilize an accessory structure for business activities, and include one (1) employee other than members of the household with on-site activities. Indeed, the subject property appears capable of accommodating the growth of this business within the definition of a cottage occupation. However, staff contends that such expansion should not involve a corresponding increase in the number of limousines parked on the property. The subject parcel consists of an area of approximately 15,000 square feet and is located in an established neighborhood within thirty GEM Limousine CUP #10-99 Page 3 June 24, 1999 (3 0) feet of the nearest dwelling. The absence of either natural or manmade screening around the rear yard of the parcel currently precludes effective mitigation of the visual impacts associated with commercial vehicle storage. Staffbelieves that such characteristics reflect the inadequacy of the site to support the parking of more than three limousines without significant impact on the surrounding community. Therefore, the intensification of the use as a cottage occupation may be appropriate in this case with conditions that stipulate the scale of the operation and ensure its visual separation from adjacent residential uses. STAFF CONCLUSIONS FOR 07-07-99 PLANNING COMMISSION MEETING: Staff would support approval of this application with the following conditions: 1) All review agency requirements must be complied with at all times. 2) Signage for the proposed use may not exceed four (4) square feet in area. 3) No more than three (3) limousines shall be parked on the subject property. 4) One (1) employee other than members of the immediate household may be engaged in the operation of the business on the subject property. 5) All limousines must be parked in the rear yard of the property and all activities and storage associated with the business must be screened from adjoining residential properties. Such screening should be accomplished through the installation of a board -on -board fence at least six (6) feet in height along all property lines adjacent to residential uses. 6) Any future expansion of this business will result in its classification as a commercial limousine service, which will necessitate its relocation to an appropriate zoning district. 0: Agendm\COMMENTS\CUP's\GEMLunowme.CUP 123A 124 244 dae 57 45C "NS ®®®®►o® mo � A�I ■ aW pccp ♦�y`� omo .� 244 dae 57 45C 7 8 14 I 10 12 Myers 16 Layton 19 A 22 20 23 25 26 god Drive Rt. 822 2 i -27 30 Location Map For: GEM Enterprises. Ltd. (Glenn & Natalie Miller) PIN: 64D—A-17 CUP #10-99 Produced by Frederick County Planning and Development, 06-04-99 "NS ®®®®►o® mo aW pccp j�W 36 228-97 LoUredw 7 8 14 I 10 12 Myers 16 Layton 19 A 22 20 23 25 26 god Drive Rt. 822 2 i -27 30 Location Map For: GEM Enterprises. Ltd. (Glenn & Natalie Miller) PIN: 64D—A-17 CUP #10-99 Produced by Frederick County Planning and Development, 06-04-99 Submittal Deadline P/C Meeting BOS Meeting APPLICATION FOR CONDITIONAL USE PEI RA1IT FREDERICK COUNTY, VIRGINIA 1. Applicant (The applicant if the owner X other) NAME: Greenwav Enaineerin ADDRESS: 151 Windy Hill Lane Winchester VA 22602 TELEPHONE (540) 662-4185 2. Please list all owners, occupants, or parties in interest of the property: Glenn E. and Natalie W. Miller 3. The property is located at: (please give exact directions and include the route number of your road or street) 1100 Front Royal Pike - 415' North of Westwood Drive, on the west side of U.S. route 522 4. The property has a road frontage of 73.9 feet and a depth of 236.6 feet and consists of 0.40 acres. (Please be exact) The property is owned by Glenn E. & Natalie W. Diller as evidenced by deed from Donald E. & Judy G. Cain recorded in deed book no. 916 on page 475 , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. 14 -Digit Property Identification No. 64D -((A))-17 Magisterial District Shawnee Current Zoning RPP 7. Adjoining Property: PIN USE ZONING North 64D -((A))-12 S/F Residential RP East 64-((2))-C 1 Undeveloped RP South 64D -((A))-18 S/F Residential RP West 64D -((A))-16 S/F Residential RP MAY 2 4 1999 DEPT OF PL ANN1NG/DEVELOPMENT 8. The type of use proposed is (consult with the Planning Dept. before completing) Cottage Occupation 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 Franklin L. Myers, Sr ADDRESS 1071 Front Royal Pike PROPERTY ID# 64D -((A))- 12 Winchester, VA 22602 NAME Virginia B. McClure ADDRESS 1131 Front Royal Pike PROPERTY ID# 64-((2))-C 1 Winchester, VA 22602 NAME Isaac Smith. et ux ADDRESS 110 Front Royal Pike PROPERTY ID# 64D -A-18 Winchester, VA 22602 NAME James La on ADDRESS P.O. Box 101 PROPERTY ID# 64D -((A))-16 Stephenson, VA 22656 12_ Additional comments, if any: The owner is currently operatin_ a home occupation on the,. premises...,Said owner would like to have the option of having one employee work from this site. This requires being approved as a cottage occupation. Enclosed with this application are letters from two adjacent property owners. These owners have no objection to the current use of the property (home occupation) 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. l� Signature of Applicant-----,/ Mark Smith, L.S. Signature of Owner Glenn Miller Owners' Mailing Address 1100 Front Royal Pike Front Royal, VA 22602 Owners' Telephone No. 722-2000 TO BE COMPLETER BY TIME ZONING ADMINISTRATOR: USE CODE: RENE WAL DA'C'E: 04/06/1994 04:23 15407229529 GREENWAY ENGINEERING PAGE 02 LOO-, 2158/125 v+ _ GARAGc THIS zS TO CERTIFY THAT ON SMEMBER w 16. 1998 I MADE AN AMMATE SURVEY OF THE FRFH.ISES SHOWN HEREOtd AND THAT THERE An NO F.ASEHMS OR ENCROACH- MENTS VISIBLE ON THE GROUND OTHER WELLQ ;z+ THAN THOSE SHOWN HEREON. n 17.403 ACRES rev. a�CX0``� M 32.2' cm z� G� =p �I 1'2 story zn o ,DAM M- FUUTcNAU 'frame 41100 ?-`1 PORCH HOUSE LOCATION SURVEY +� LAND OF DONALD E. & JUDY G. CHIN SHAWNEE DISTRICT FREnERICK COUNTY. VIRGINIA DRAINAGE MSWT DE. B 9 P. � 07 . 41S' f TO WEST '" S 01 b10' S9"v 73.87' , vete .9t FROO ROYAL PIKE REV R' pill�et . F U U�� VYi - - -� DAJF-; gfT- 16, 1.3 8 N (540) 662-SI323 SCALE t•' ! 3o' .� _PTI..I�� T.N+�"'�R�, VA.TM. 684D-A-17 .. _ 1071 Front Royal Pike Winchester, VA 22602 June 11, 1999 Frederick County Planning & Development ATTN: Christopher Mohn 107 North Kent Street Winchester, VA 22602 Dear Sir.- We ir: We are writing this letter regarding the conditional permit for 1100 Front Royal Pike. We own the property adjacent to the north side of this property. Ever since the owner moved into the house; he has been parking one and sometimes more of his vehicles in front of our property because there is not enough room for all of his vehicles on his own land. We have not been happy with the situation but felt we had no recourse since he was parking on the shoulder of the road. Frankly, we hoped it was a temporary situation since he has a business closer toward Winchester. It is our understanding that the Planning Board will be considering this permit on July 7`h unfortunately we have reservations at Myrtle Beach beginning that date. We value the residential feel of this area and urge the Planning Board to recommend denial of this permit, especially since there is inadequate space and the northern end of the Front Royal Pike is much better suited for this type of business. Sincerely yours, Mr. and Mrs. Franklin Myers RECEIVED AUNT 17 1.99S) DEPT OF PLANNN.4u. H ELOPVENT PC REVIEW DATE: 07/07/99 BOS REVIEW DATE: 08/25/99 REZONING APPLICATION #12-99 DAVE and VIOLA ORNDORFF To rezone 6.0 acres from RA (Rural Areas) to B2 (Business General) LOCATION: This property is located on the south side of Tasker Road (Rt. 642), and on both sides of Tadpole Lane, MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 76-A-43 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) District Land Use: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: Zoned RA (Rural Areas) District South: Zoned RA (Rural Areas) District East: Zoned B2 (General Business) District M1 (Light Industrial) District West: Zoned RA (Rural Areas) District PROPOSED USE: Commercial REVIEW EVALUATION: Use: Vacant; Residential Use: Vacant; Residential Use: Vacant Industrial Use: Agricultural Virginia Dept. of Transportation: No objection to rezoning ofthis property. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual, Sixth Edition for review. Dave and Viola Orndorff; REZ #12-99 Page 2 June 24, 1999 VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization and off-site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Fire Marshal: Recommend plan approval; emergency access must be maintained. County Engineer: Traffic impact appears to be the main issue of concern for this proposed rezoning. We will defer to VDOT to determine the overall impact on the traffic pattern on Tasker Road. We reserve the right to make a detailed review at the time of the site plan submission. Sanitation Authority: No comment. Historic Resources Advisory Board: See attached letter from Christopher M. Mohn, Planner II, dated 2/18/99. Counly Attorney: Proffers appear in proper form when signed. Planning & Zonipz 1) Site History The original Frederick County Zoning Map (U. S. G. S. Stephens City Quadrangle) depicts the zoning for the 6.0 -acre parcel as A-2 (Agricultural General) District. This zoning classification was modified to RA (Rural Areas) District on February 14, 1990 during the comprehensive amendment to the county's Zoning Ordinance. This acreage is a portion of 162 acres situated between White Oak Road (Route 636) and the Jouan Global Center that was incorporated into the county's Sewer and Water Service Area (SWSA) on June 8, 1999 by the Board of Supervisors. 2) Location The 6.0 -acre parcel is located in the county's Sewer and Water Service Area (SWSA). The parcel has approximately 750 feet of frontage along the south side of Tasker Road (Route 642) which is identified as a major collector road. The predominant land use within close proximity to this parcel includes residential to the north and south and industrial to the east. New residential development is currently underway on the west side of White Oak Road as part of the Tasker Land Bay phase plan. Dave and Viola Orndorff; REZ #12-99 Page 3 June 24, 1999 3) Site Suitability The 6.0 -acre parcel does not contain areas of steep slope, floodplain, woodlands, or prime agricultural soils. The site contains a small wetlands area in the northeastern portion of the site which is adjacent to the Jouan Global Center. The site has direct access to Tasker Road, as well as access to public water and sewer lines which are located on the south side of Tasker Drive. 4) Potential Impacts and Issues a) Transportation; The applicant has prepared a traffic impact analysis for the 6.0 -acre parcel which includes average daily traffic count information for Tasker Road and Front Royal Pike, and projected vehicle trip and turning movement information from the site. The results of this analysis suggest that 2,050 new vehicle trip attractions will occur at this site on a daily basis. This would increase traffic on Tasker Road by 30% of the current daily traffic volume at build -out of this site. The applicant has projected that 1,370 vehicle trips, or two-thirds of the projected volume, will travel west towards Route 37, and 680 vehicle trips, or one-third of the projected volume, will travel east towards Front Royal Pike. The projected eastern turning movement will increase traffic on Front Royal Pike by approximately 17% of the current daily traffic volume of 8,200 vehicle trips. It should be noted that the traffic impact analysis does not account for projected increases in traffic for westbound trips which may impact White Oak Road, Aylor Road, and Route 371- nor 7;nor does the impact analysis provide current and projected Level Of Service (LOS) information for Tasker Road based on this rezoning proposal. b) Site Access: The amount of road frontage along Tasker Road would allow for the construction of two commercial entrances east ofthe intersection with Tadpole Lane. Approximately 125 feet of road frontage exists along Tasker Road to the west of Tadpole Lane; therefore, access to this portion of the 6.0 -acre parcel would be limited to commercial entrances off of Tadpole Lane. In order for new commercial entrances to be developed in this fashion, Tadpole Lane will need to be constructed to a state -maintained road standard. Dave and Viola Orndorff, REZ #12-99 Page 4 June 24, 1999 C) Water and Sewer Service: Public water and sewer lines exist on the south side of Tasker Road in front of the 6.0 -acre parcel. These lines were installed by the developer of the Eastgate Commerce Center and the Jouan Global Center through an agreement with the Frederick County Sanitation Authority (FCSA). This agreement guarantees that the FCSA will provide a specified water and sewer capacity for uses within the Eastgate Commerce Center and the Jouan Global Center. The FCSA agreement does not limit access to the existing public water and sewer lines by others; however, additional users will be expected to pay for any upgrades to the system should the guaranteed capacities for the Eastgate Commerce Center and the Jouan Global Center be exceeded. d) Community Facilities and Services: The county's Capital Facilities Impact Model was applied to this rezoning application. The results of the model run demonstrate a negative fiscal impact to Fire and Rescue Services for capital facilities costs. e) Historic Resources: The Frederick County Rural Landmarks Survey identifies the Sherman -Rogers -Sargent House as a potentially significant historic structure (#34-1345). This structure is located approximately 700 feet from the 6.0 -acre parcel. The Historic Resources Advisory Board (HRAB) has recommended that the viewshed for the Sherman -Rogers -Sargent House be protected through the use of existing vegetation and new landscaping. 5) Proffer Statement The applicant has submitted a proffer statement as a part of the rezoning application which has been signed, notarized, and reviewed by the County Attorney. The applicant has proffered to limit the amount of development on the 6.0 -acre site to 48,000 square feet of floor area, and to provide a monetary contribution to mitigate the impacts to Fire and Rescue Services. Dave and Viola Orndorff; REZ # 12-99 Page 5 June 24, 1999 STAFF CONCLUSIONS FOR 07/07/99 PLANNING COMMISSION MEETING: The 6.0 -acre parcel proposed for B2 (Business General) District zoning is located in the county's Sewer and Water Service Area (SWSA), and is situated on Tasker Drive which is a major collector road. The property is situated adjacent to the Jouan Global Center and the Eastgate Commerce Center which contains commercial and industrial zoned parcels, and is in close proximity to several residential areas which currently do not have commercial land use opportunities nearby. The applicant has proffered to limit the amount of commercial development on the 6.0 -acre parcel to 48,000 square feet which is approximately 20% of the permitted floor -to -area -ratio (FAR) for the B2 (Business General) District. The applicant has also proffered to mitigate the negative fiscal impacts to Fire and Rescue Services for capital facilities costs through a monetary contribution that is consistent with the results of the county's Capital Facilities Fiscal Impact Model. The applicant's traffic impact analysis does not provide LOS details for Tasker Road and intersections within close proximity to this site; therefore, it is difficult to determine if this rezoning proposal will create a need for improvements to the existing road system. The applicant has not indicated how the impacts to the viewshed of the historic Sherman -Rogers -Sargent House will be mitigated, either as recommended by the HRAB or by other methods. The applicant should be prepared to address these issues identified by staff during the review of this application by the Planning Commission and the Board of Supervisors. O:\Agendm\COMMENTS\REZONING\Staff Report\OmdorffREZ.wpd I February 18, 1999 Mr. Ralph Beeman reeii yr i1y i.iigin eer'ing 151 Windy Hill Lane Winchester, VA 22602 Dear Ralph.- The alph: COUTNITY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/678-0682 The Historic Resources Advisory Board made the following recommendation during their 2/16/99 meeting: Dave and Viola Orndorff Rezoning Recommendation: Mature vegetation that exists along the boundary line adjacent to the Sargent property (P.I.N. 76-A- 42) should be preserved as a natural visual screen. Such vegetation should be used to satisfy the screening component of the zoning district buffer required for the proposed development. It is anticipated that the applicant will conform to this requirement through the provision of a "Category B" buffer consisting of at least fifty (50) feet in width. The preservation of existing mature vegetation should occur within the inactive portion of this buffer area, which will involve a width of at least twenty-five (25) feet. Where such vegetation fails to provide the level of screening specified by the Zoning Ordinance, the applicant should complement existing vegetation through the installation of devices and landscaping necessary to ensure provision of the required buffer. Please feel free to call this office if you have any questions regarding the HR.AB's recommendations. Sincerely, Christopher M. Mohn Planner II CMM/cc U\ChrisM\common\IiRAB\Omdorf .REZ.wpd 107 North Kent Street - Winchester, Virginia 22601-5900 Rezoning #12-99 PIN: 76-A-43, 47 Dave & Viola drndorff Produced by Frederick County Planning and Development, 06-17-99 G1 1 / e / / y X111►►/1� �! � �'� ill►� ���/�� 7 �� . � , � ;� -, ,, •. ., ,►•..moo • ,t �� ,. 1� l '' ��i�:I if .•!f iii"�i '4i < •%/I �%!I Illj I%!•(fi' .fes NIt li i t�: �If%. � i• tt�.t�%:tlj titer - t/SII/N.h�II tlttt <p/ftii /p, n i' n Rezoning #12-99 PIN: 76-A-43, 47 Dave & Viola drndorff Produced by Frederick County Planning and Development, 06-17-99 REZONING APPLICATION FORM Orndorff Rezoning FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff. Zoning Amendment Number U- Date Received PC Hearing Date 77" 'I -q BOS Hearing Date The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Greenway Engineering Address: 151 Windy Hill Lane Winchester, VA 22602 2. Property Owner (if different than above) Name: Dave & Viola Orndorff Address: 178 Ole Orchard Drive Clearbrook, VA 22624 3. Contact person if other than above Telephone: (540) 662-4185 Telephone: _(540) 667-0738 Name: Mark D. Smith P.E. L.S. Telephone: (540) 662-4185 4. Checklist: Check the following items that have been included with this application. Location map X Agency Comments X Plat X Fees X Deed to property X Impact Analysis Statement X Verification of taxes paid X Proffer Statement X 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Dave and Viola Orndorff 6. A) Current Use of the Property: Agricultural, undeveloped B) Proposed Use of the Property: Commercial 7. Adjoining Property: Please see attached PARCEL ID NUMBER USE ZONING 8. .Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): On the south side of o'f Tasker Road, and on both sides of Tadpole Lane i Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density or intensity scenario for the proposed Zoning District as described on Page 9 of the application package. 9. Parcel Identification/Location: 76-((A))-43 Districts Magisterial: Shawnee Fire Service: Stephens City Rescue Service: Stephens Cites_ High School: Sherando Middle School: R. E. Aylor Elementary School: Armel 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 6.0 RA B2 6.0 Total acreage to be rezoned 11. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family homes: Townhome: Multi -Family: Non -Residential Lots: Mobile Home: Hotel Rooms: Office: Retail: Restaurant: Square Footage of Proposed Uses Service Station: Manufacturing: Warehouse: Other: 24000 sf* *The owners intend to build a general store, which will include gas pumps, retail sales, and a small set -down restaurant. This use is an anticipated use. It is not a proffered use. 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application accurate to the best of my (our) knowledge. Applicant: V and its accompanying materials are true and Owner(s): _�"'1f�'1 r-- J Date: Date: Date: Date: Date: Date: Adjoining Property Owners Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. the Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building 107 North Kent .Street. Name and Property Identification Number Address Name VanMeter, Dale 1789 Macedonia Church Road White Post, VA 22663 Property # 76-((A))-36 Zone: RA Use: Residential Name Welch, Gene E. 1773 Macedonia Church Road White Post, VA 22663 Property # 76-((A))-37 Zone: RA Use: Residential Name Sargent, John H. Estate. 255 White Oak Road White Post, VA 22663 Property # 76-((A))-42 Zone: RA Use: Undeveloped Name Heflin, William E. 113 Tadpole Lane White Post, VA 22663 Property # 76-((A))-44 Zone: RA Use: Residential Name William Heflin, et ux 113 Tadpole Lane White Post, VA 22663 Property # 76-((A))-47 Zone: RA: Use: Residential Name Tinsman, Betty J. 1804 Macedonia Church Road White Post, VA 22663 Property # 76-((_A))-48 Zone: RA Use: Residential Name Jeri Company P.O. Box 888 Winchester, VA 22604 Property # 76 -((A)) -48A "Zone: MI, Use: Undeveloped Name Jem Company P.O. Box 888 Winchester, VA 22604 [Property # 76-((A))-49 Zone: RA, Use: Undeveloped Name Property # Greenway Engineering June 1, 1999 Dave & Viola Orndorff REZONING REQUEST PROFFER PROPERTY ID NUMBER 76-((A))-43 David & Viola Orndorff Pursuant to Section 15.2 - 2296 Et Seq., of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia shall approve rezoning application # 12-99 for the rezoning of approximately 6.04 acres from the Rural Areas (RA) zoning district to the Business General (B2) zoning district, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with said code and zoning ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successors, heirs, or assigns. 1. MAXIMUM BUILDOUT In the B2 area established by this rezoning, the maximum cumulative floor area of all buildings in said B2 area that are primary to the use of a parcel shall not exceed 48,000 square feet. 2. MONETARY CONTRIBUTION TO OFFSET IMPACT OF DEVELOPMENT The undersigned owners of the above-described property hereby voluntarily proffer that, in the event rezoning application # 12`99 is approved, the undersigned will pay to the Treasurer of Frederick County, Virginia, at the time a building permit is issued for said property, the sum of $412.29 for fire and rescue services. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Greenway Engineering> June 1, 1999 Pave & Viola Orndorff Respectfully Submitted David W. Orn( ff' f r. Commonwealth of Virginia ( v Cit unt )of `. r \ i ^jr,To Wit: Viola H. Orndoht 1. The foregoing instrument was acknowledged before me this day of E A 1999 by q\r-�C) —1 Notary Public My Commission Expires�t� C1 (- I w k lication Fee received REZ #12-99, Dave & Viola Orudorff A012"---#9 _ 'M 2 W- 9 — - r . I--- 0 For Z u uj Z X. WReceived From 5 z ress A CA cc k lication Fee received REZ #12-99, Dave & Viola Orudorff A012"---#9 _ 'M 2 W- 9 — - r . I--- woe 0 a zo For u .he Z 0 z 5 z LU LU AMI Cr ACC ',If CASH cc AMI FAIR CHLCK WINII OHULH IMPACT STATEMENT DAVE & VIOLA ORNDORFF PROPERTY ID NUMBER 76-((A))-43 REZONING APPLICATION June 1, 1999 Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 Greenway Engineering June 1, 1999 vrlldorff Impact Statement INTRODUCTION The subject property, tax parcel 76-((A))-43, is located on the south side of Tasker Road (Route 642), and lies on both sides of Tadpole Lane. The current zoning for the 6.04 acre parcel is "RA", and the proposed zoning is "B2". This report has been prepared for the purpose of assessing the impact on Frederick County by this rezoning. SITE SUITABILITY Flood Plains The subject site is located on FEMA NFIP MAP # 510063-0200-B. The site is located within a "ZONE C" area. As shown on said map, no portion of the site is in a 100 year flood plain. Wetlands There is a small marshy area (less than 1000 sf) on the northeast corner of the subject property that may be classified as wetlands. Mature Woodlands There are no mature woodlands on the subject site. Soil Types Information for soil types on this site has been obtained from the Soil Survey of Frederick County, by the USDS Soil Conservation Service. Prime Agricultural Soils The soils on the subject property are listed as being "fairly well" to "moderately well" suited to cultivated crops, and are "moderately well suited" to "well suited" to hay and pasture. Steep Slopes There are no steep slopes on the subject property. Construction Concerns Bedrock lies within 27-30" of the surface on the subject property. Also, there is also a seasonal high water table (within 6" of the ground surface) between October and April. Greenway Engineering June 1. 1999 midoiff Impact Statement SURROUNDING PROPERTIES All of the properties adjoining the subject site are either undeveloped or are single-family homes. The nearest home lies on parcel no. 76-((A))-47, and is approximately 250' from the subject property. All other homes are greater than 300' from the subject site. There is no anticipated negative impact on these homes due to commercial development of the subject property. BASIS FOR DETERMINING IMPACT The existing "RA" zoning for the six acre site will allow for a maximum residential density of one single family detached home. WN The cumulative total floor area of all primary -use buildings within the proposed B2 zone has been limited by proffer to 48,000 square feet. All impacts created by this rezoning have been calculated with this proffered maximum area, and with a designated use of "retail space." TRAFFIC ANALYSIS V.D.O.T. has classified Tasker Road (Route 642) as a major collector, and Front Royal Pike (U.S. Route 522) is classified as a minor arterial. No traffic counts have been made on Tasker Road since its completion two years ago. However, the state highway plans for Tasker Road reveal a design volume of 6,910 trips per day using 1989 as the design year. V.D.O.T. Office Services Specialist, Vega Ziemer, supplied data from the latest traffic studies on Route 522: EXISTING TRAFFIC COUNTS Road Date of Stud ADT (vehicles/day) Route 522, from Route 642 to Route 644 1996 8,200 Route 522, from the Clarke Co. line to Route 642 1996 7,100 The existing "RA" zoning for the six acre site will allow for one dwelling unit. Under the proposed zoning, the maximum traffic impact from the site is the equivalent of that generated by 48,000 sf of retail space. The following table is based on trip data taken from the ITE Trip Generation Manual, 6th Edition: 2 Greenway Engineering June 1, 1999 orndorff Impact Statement TRIP GENERATION DATA Zone Use Density PEAK HOUR TRIPS ADT (vehicles/day) AM PM Entering Exiting Entering Exiting Existing RA Single Family Detached 1 0 1 1 0 10 B2 Retail 48,000 30 19 122 93 i2,060 Total: 2,050 The development of the rezoned site at the maximum density could therefore generate 2,050 trips per day. It is expected that 66% of the increased traffic will travel the western portion of Route 642, towards Stephens City. This would result in 1,370 trips westbound, and a 20% increase in traffic over the 1989 design volume. In addition, the subject site at maximum buildout would generate 680 trips on Tasker Road eastbound, which is a 10% increase in traffic. WATER SUPPLY The total water consumption for the subject property at maximum buildout is estimated to be 12,000 gpd. There is currently a 12" water main located on Macedonia Church Road where it intersects Tadpole Lane, being about 600' from the subject property. John Whitacre of the FCSA said that there was capacity in this water main for the proposed use of the subject site. The subject property lies within the Frederick County Sewer and Water Service Area. SEWAGE CONVEYANCE AND TREATMENT Based on water consumption at full build -out, the subject site will add 12,000 gpd to the sewage conveyance system. There is a 6" sanitary sewer force main that runs along the front of the subject property. According to John Whitacre of the FCSA, there is capacity in this sewer main for the waste generated by the subject site. A pump station will have to be constructed on the subject property that will pump into this force main. DRAINAGE Directly across from the subject property is a wet pond and a stormwater detention pond. The overflow from the wet pond flows into the stormwater pond, and then into an unnamed tributary of Wright's run. The runoff from the subject property drains toward Tasker Road and through a culvert into said stormwater pond. The watershed for this detention pond is approximately 135 acres, and includes the subject site. At maximum buildout, the subject property will create an additional 20.0 cfs of runoff flowing into this pond. A detailed stormwater analysis will be made during the site plan process to determine whether a stormwater detention pond will be needed on 3 Greenway Engineering June I, 1999 Orndorff Impact Statement the subject property, or whether the existing detention pond can adequately handle the increased runoff. SOLID WASTE DISPOSAL The subject property is expected to generate 1,370 cy/yr in solid waste. HISTORIC SITES AND STRUCTURES The Sherman -Rogers -Sargent house, which lies on an adjoining parcel approximately 700' from the boundary with the subject property, is listed in the Rural Landmarks Survey Report for Frederick County as being "potentially significant." There are no potential historic districts nearby. COMMUNITY FACILITIES The impact on the utilities and infrastructure near the site has been estimated by the Frederick County Capital Facilities Impact Model. Please refer to Appendix 3. OTHER IMPACTS No additional impacts are forseen by the development of the subject property. 9 a 772. = 96 A 94 s a i 13 Ac CrP 14 P,F 5 y 96 .O 18B J 99A }8A 18 z z2o. A e / 95 97 Porkin5 19 Q 94A Mills 20 s 97 23 1 `'� 93A 2 PM 'sem - \ 22 936 93 94 f99 92 6 ]'/a_ly 1 759-31] 91 7- 1l1- } C �i 161 90A ° c°vr 5 f Armel 4 Elementary 3 2 ? School ,> 2 Jf 1Ol . 4 90 0210, 100 r 89 1039 100 31 88 �� 103 117 r� ,MIP4 - 31A1() 87 81 � y 8S 78 . 32 49D 83 o", 75 f Moc onia 3 3 � Chur 84 77 P r d F 49B �2 J, 9 6 1 q h ^o 49 . 4 ' 1+6-578 O ` 49C 68 j 60 A,- yea 49A 9-3.M ,04A �"� Qom' 48 1048 �dP fit. v 51 � 248Aes 5+ 104C 62 (�pn v '\42 51 C Fri / 61 60Aa a ' I a47a Tax snap no. 75/76 52 60© �� 08 0 Frederick County 56' 2:-49 �� Appendix 1 d 55 FINAL PLAT Fu,- BOUNDARY LINE ADJUSTN,LNT BETWEEN THE LANDS OF VIOLA HEFLIN ORNDORFF AND WILLIAM J. HEFLIN & LORETTA HEFLIN OPEQUON MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA APRIL 1, 1999 P OR• �� c^ o0 RT. 636 ° WHITE OAK ROAD SITE �� o VICINITY MAP 1 " = 2000' OWNER'S CERTIFICATE THE ABOVE AND FOREGOING BOUNDARY LINE ADJUSTMENT BETWEEN THE LANDS OF VIOLA HEFLIN ORNDORFF AND WILLIAM J. HEFLIN & LORETTA HEFLIN, AS APPEARS ON THE ACCOMPANYING PLATS, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IF ANY. COMMONWEALTH OF VIRGINIA CITY/COUNTY OF , TO WIT: THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 1999 BY NOTARY PUBLIC COMMONWEALTH OF VIRGINIA CITY/COUNTY OF , TO WIT: THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF 1999 BY MY COMMISSION EXPIRES . I MY COMMISSION EXPIRES NOTARY PUBLIC SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS BOUNDARY LINE ADJUSTMENT SURVEY IS A PORTION OF THE LAND CONVEYED TO WILLIAM J. & LORETTA HEFLIN BY DEED OF CORRECTION DATED JAN. 30, 1960, OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLERK'S OFFICE IN DEED BOOK 261 AT PAGE 439 WHICH IS TO BE ADDED TO AND MADE A PART OF THE LAND CONVEYED TO VIOLA HEFLIN ORNDORFF BY DEED DATED JULY 26, 1963 OF RECORD IN SAID CLERK'S OFFICE IN DEED BOOK 291 AT PAGE 448. MARK D. SMITH, L.S. NOTE. PARENT TAX PARCEL IDENTIFICATION WILLIAM J. HEFLIN 76—((A))-47 32.89 ACRES+— ZONE: RA USE: VACANT VIOLA HEFLIN ORNDORFF 76—((A))-43 1.41 ACRES ZONE: RA USE: VACANT APPROVALS: FREDERICK COUNTY SUBDIVISION ADMINISTRATOR DATE GREENINAY ENGINEERING 151 WINDY HILL LANE Engineers WINCHESTER, VA. 22602 Surveyors TELEPHONE: (540) 882-4185 FAX: (540) 722-9528 Founded in 1971 E—MAIL: greenway®visuallink.com. F.N. 2243 TH OF I� MARK D. SMITH No. 002009 � Sux.°� Boundary Survey Appendix 2 1 I! OF 4 76-((A))-42 ESTATE OF JOHN H. SARGENT ZONED: RA / USE: AGRICULTURAL 76-((A))-45 76-((A))-44 TM 76-((A))-43 SHIRLEY H. WM. E. HEFLIN 1 V.H. ORNDORFF KENNEY 1 ZONED:RA 1 1.410 ACRES ZONED: RA 1 USE: SFR I DB. 291 PG. 448 USE: SFR TADPOLE LANE J (30 R/W PRIVATE) 76-((A))-47 WILLIAM J. HEFLIN & LORRETA HEFLIN 32.89+- ACRES (TOTAL) DB. 261 PG. 440 76 -((A)) -53C WRIGHTS RUN, L.P ZONED: RA USE: SFR AREA TABULATION: ORIGINAL AREA 1 1 .1 I I i 1 r1 1 I f�/ I HATCHED AREA DENOTES PORTION OF 76-((A))-47 TO BE ADDED TO 76-((A))-43 / / I PORTION OF 76-((A))-47 1 / WM. J. HEFLIN, ET UX DB. 261 PG. 440 1wl 76 -((A)) -48A JENI COMPANY ZONED: RA VUSE: VACANT 200 0 200 GRAPHIC SCALE / INSERT MAP TM 76-((A))-43 1.4159 ACRES PORTION OF TM 76-((A))-47 ADDED TO TM 76-((A))-43 + 4.6240 ACRES ADJUSTED AREA TM 76-((A))-43 6.0399 ACRES BY SURVEY ORIGINAL AREA TM 76-((A))-47 32.89 ACRES LESS PORTION OF TM 76-((A))-47 ADDED TO TM 76-((A))-43 - 4.6240 ACRES ADJUSTED AREA TM 76-((A))-47 28.27 ACRES (BY SUBTRACTION) FINAL PLAT FOR BOUNDARY LINE ADJUSTMENT' BETWEEN THE LANDS OF VIOLA HEFLIN ORNDORFF le Hop AND WILLIAM J. HEFLIN & LORET_T_A_ _HE_F_LIN_ vPEq vOii 1-11iSTEniAL DISTRICT, FREDERICK COUNTY, � �a VIRGINIA. o MARK D. SMITH 9 SCALE: 1 ' = 200' DATE: APRIL 1, 1999 No.002009 GREENWAY, ENGINEERING 151 WINDY HILL LANE tQ�� Engineers WINCHESTER, VA. 22602 S[1R Surveyors TELEPHONE: (540) 662-41.65 FAX: (540) 722-W Founded in 1971 E-MAIL: greenwey".gut SHEET 2 OF 4 Boundary Survey Appcndix 2 2 I 4 0�� 1 TM 76—((A))-42 ' ESTATE 0172 SARGENT PG. 345 DB.f I 10 ZONE: RA / USE: AGRICULTURAL /4" IPF VDH MON ' N 31°48'00" E_ _ 437.28' FOUND I 00 0 10 15' BRL r ' GRAPHIC SCALE O FORMER LOT LINES HEREBY C1 TM 76—((A))-44 VACATED. WILLIAM E. HEFLIN 100' BRL— VDH MON DB. 291 PG. 452 oC— _ 60'. BRL _ — — _ — �a FOUND ZONE: RA / USE: SFR C / 1 - ---- TADPOLE LANE tl / X 10' ADDITIONAL I EX. 30' INGRESS/EGRESS R/W HEREBY co 510, EASEMENT DB. 291 PG. 448 / /� fx RESERVED ,/ !� q (EACH SIDE) f 60' BRL / , � CO ADJUSTED TAX LOT/ z` �D c� I 76—((A))-43 d w a z z ADJUSTED AREA � o x 0 1 6.0399 ACRES / �f a ¢ -H , /QCD � QW C,) 0E oT U U) �I4p 0 q A . W w m 01 I BELL ATLANTIC ova a� C12TELE. EASEMENT r � I r Izj p Q z d ;D1 DB. 878 PG. 1118 j co �C" <w+� tia Q c'./rq r w ao z c\2 to o jl r/ C\? / N � I� (0/ /yam SLOPE AND j DRAINAGE EASEMENT S 27"34'03" W / / DB.844 PG. 1037 104.67 I / r DB. 836 PG. 1796 50' BRL J / PLANTED STONE L — DH MON. FOUND r/ FOUND IRS _ _ _. — (1.46') S 27°34'03" W 255.09' / 1 S/ r TM 76—((A)) -48A JENI COMPANY / NOTE: SEE SHEET 4 DB. 860 PG. 830 FOR CURVE DATA & ZONED: RA / USE: SFR / 1' ADDITIONAL NOTES. FINAL PLAT FOR BOUNDARY LINE ADJUSTMENTCKD. BETWEEN THE LANDS OF VIOLA HEFLIN ORNDORFF AND WILLIAM J. HEFLIN & LORETTA HEFLIN OPEQUON MAGISTERIAL DISTRICT, FREDERICK COUNTY,VIRGINIA. SCALE: 1" = 100' DATE: APRIL 1, 1999 GREE��WAY ENGINEERING 151 WINDY HILL LANEEngineers WINCHESTER, VA. 22602 Surveyors TELEPHONE: (540) 682-4185 FAX: (540) 722-9528 Founded in 1971 E-MAIL: greenwny®visuellink.com 3 OF 4 Boundary Survey Appendix 2 3 CURVE DATA CURVE I RADIUS LENGTH TANGENT CHORD BEARING DELTA Cl 1460.00' 1 124.64' 1 62.46' 1 124.80' IS 46°30'43" E 1 04"53'57" NOTES: IRS = 1/2" REBAR SET IPF = IRON PIPE FOUND VDH MON = VIRGINIA DEPT. OF HIGHWAYS 5/6" REBAR & CAP MONUMENT BRL = BUILDING RESTRICTION LINE PER ZONING ORDINANCE. 1. THE BOUNDARY INFORMATION SHOWN HEREON IS BASED ON A CURRENT FIELD SURVEY BY THIS FIRM. 2. NO TITLE REPORT FURNISHED. FINAL PLAT FOR BOUNDARY LINE ADJUSTMENTr4A BETWEEN THE LANDS OF VIOLA HEFLIN ORNDORFFAND WILLIAM J. HEFLIN & LORETTA HEFLIN ��TH OPEQUON MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA. SCALE: N A DATE: APRIL 1, 1999 GREENWAY ENCINEERIN% 151 WINDY HILL LANEEngineers WINCHESTER, VA. 22602 S UR Surveyors TELEPHONE: (540) 662-4185 FAX: (540) 722-9528 Founded in 1971 E-MAIL: greenway6visua111nk.com 4 OF 4 Boundary Survey Appendix 2 4 J Fy fY—LO-"7J i IlV LO.« r ,mac-✓�.�ay..� �vV, i , OUTPUT MODULE Net Fiscal Impact cmd1i Capital its Fire Department $37 Rescue Department $152 Elementary Schools $0 Middle Schools $0 High Schools $0 Parks and Recreation IQ TOTAL $189 FIRE AND RESCUE ADDENDUM New Capital Costs Not Covered by County Contributions $1,282,251 NOTES: Model Run Date 01,78/99 EAVV P,I.N. 76-A-43 Rezoning: Assumes 48,000 sq.R. retail on 8 acres of B2. Credit), Taxes to Capital Net caaw kup"I $235 $0 $83,663 $0 $5,092 IQ $90,990 $0 $412.29 Due to changing conditions associated with development in the County, the results of this Output Module may not be valid beyond a period of 90 days from the model run date. Capital Facilities Model Appendix 3 OSS 4� 1 TM 76-((A))-42 ' ESTADB.TE 0172 PG. F JOHN 345SARGENT ' ��. ZONE: RA / USE: AGRICULTURAL 3/4" IPF- - VDH MON I N 31°48'00" E 437.28' FOUND 10 /. r FORMER LOT. LINES HEREBY. ' -C1 . . . 00 0 �GRAPHIC SCALE TM 76-((A))-44 WILLIAM E. HEFLIN DB. 291 PG. 452 ZONE: RA /USE: SFR - . . VACATED: :: . ' . � . � : , TADPOLE LANE VDH MON FUND 10' ADDITIONAL --:-------�-- T---- co , R/W HEREBY rC°? . " . . " . . " /� RESERVED _ r `i-° I r / / ' qQ (EACH SIDE) . a CD Ch W w x chi ¢0 O� . . ADJUSTED "TAX .LOT //. LV co I QF' coo o G>~ d ( 40' C) q � z 1` F o ADJUSTED'. AREA l " 06W w m a C7d o . . . . 6.0399 ACRES.. t7 to fZr/. F'zra11� ern .� W r� co wz zo�l COO Ul q��QW co a 51 S 27°34'03" W. . . " " . .. 104"67' . . . . . PLANTED STONE VDH MON. FOUND FOUND IRS _ _ ---- - - (1.46') - - S 27"34'03" W 255.09' I S/ TM 76 -((A)) -48A / r NOTE: HATCHING DENOTES JENI COMPANY AREA TO BE REZONED DB. 860 PG. 830 / ZONED: RA / USE: SFR EXHIBIT SHOWING a AREA TO BE REZONED TH OP PROPERTY OF VIOLA HEFLIN ORNDORFF O� f�61 AND WILLIAM HEFLIN & LORETTA HEFLIN FREDERICK COUNTY, VA Z MARK D. SMITH SCALE: 1" = 100' DATE: MAY 5, 1999 No.002009 GREEN WAY ENGINEERING 151 WINDY HILL LANE OF Engineers WINCHESTER, VA. 22602 Surveyors TELEPHONE: (540) 662-4185 FAX: (540) 722-9528 Proposed Founded in 1971 E-MAIL: greenway®visuallink.com Zone Boundaries Anoendix 4 PC REVIEW DATE: 07/07/99 BOS REVIEW DATE: 08/25/99 REZONING APPLICATION #13-99 LENOIR CITY COMPANY (Stonewall Industrial Park) To rezone 7.5 acres from MI -11 (Mobile Home Community) and 25.7 acres from RA (Rural Areas) for a total of 33.2 acres to M1 (Light Industrial) LOCATION: This property is located on the west side of Welltown Pike (Rt. 66 1) approximately 3,100 feet north of the intersection of Welltown Pike and McGhee Road (Stonewall Industrial Park). MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 43-A-63 PROPERTY ZONING & PRESENT USE: Zoned: MHI (Mobile Home Community) and RA (Rural Areas) District Land Use: Residential and Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: Zoned RA (Rural Areas) District Use: Residential South: Zoned MI (Light Industrial) District Use: Industrial East: Zoned RP (Residential Performance) District Use: Residential West: Zoned RA (Rural Areas) District Use: Agricultural PROPOSED USE: Industrial Lenoir City Company; REZ #13-99 Page 2 June 24, 1999 REVIEW EVALUATIONS: Virginia Dept. of Transportation: See attached letter from Barry Sweitzer, Transportation Roadway Engineer, dated 4/12/99. Fire Marshal: Recommend plan approval; emergency access must be maintained. County Engineer: The proposed rezoning is approved as submitted. Sanitation Authority: No comment. Parks & Recreation: No comment. Frederick Co. Public Schools: We do not believe the proposed rezoning of the property listed above will have an adverse impact on current or future school needs. Historic Resources Advisory Board: See attached letter from Christopher M. Mohn, Planner II, dated 3/17/99. County Attorney: Proffer statement appears to be in proper form. Planning & Zoning-. 1) Site History The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) depicts the zoning for the 33.2 -acre portion of the 118.45 -acre parent tract as MH (Mobile Home) District, and R-3 (Residential General) District. The R-3 portion ofthis property was rezoned to A-2 (Agricultural General) District by the Board of Supervisors on October 8, 1980 during the Comprehensive Downzoning for Frederick County. The A-2 (Agricultural General) District zoning classification was modified to RA (Rural Areas) District on February 14, 1990 during the comprehensive amendment to the county's Zoning Ordinance. 2) Location The 33.2 -acre portion of the 118.45 -acre parent tract is located within the county's Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). This acreage has road frontage along Welltown Road (Route 661) approximately 0.6 miles north of the intersection with McGhee Road (Route F-732) and 300 feet south of the intersection with Payne Road and Fair Lane (Route 663). Lenoir City Company, REZ #13-99 Page 3 June 24, 1999 3) Site Suitability The 33.2 -acre portion of the 118.45 -acre parent tract does not contain areas of steep slope, woodlands, flood plain, or wetlands. The Soil Survey of Frederick County identifies several soil types on this acreage which are classified as prime agricultural soils. The 33.2 acres has approximately 850 feet of road frontage on Welltown Road (Route 661). This acreage can be served by the extension of the existing eight -inch water and sewer lines which are located within the Stonewall Industrial Park. Potential Impacts and Issues a) Transportation: The applicant has prepared a traffic impact analysis for the 33.2 -acre portion of the 118.45 -acre parent tract. This analysis accounts for current traffic volumes on Welltown Road from Martinsburg Pike (Route 11 North) to McGhee Road (Route F-732), and from McGhee Road to Payne Road (Route 663), and projected trip generations from 33.2 acres of industrial zoned land. The analysis does not provide projected turning movements or Level of Service information. The current traffic volumes demonstrate an average daily traffic count of 9,168 vehicle trips between Martinsburg Pike and McGhee Road, and 3,731 vehicle trips between McGhee Road and Payne Road. The Institute of Transportation Engineers Manual (ITE) projects that 1,709 vehicle trips will be generated from 33.2 acres of industrial zoned land. The applicant has discounted the vehicle trips that are currently generated from the residential uses on this site to project an average daily traffic generation of 1,549 vehicle trips at build -out of this acreage. This would increase traffic on Welltown Road by approximately 17% of the current volume between Stonewall Industrial Park and Martinsburg Pike. b) Tyson Drive Relocation: The applicant has submitted a generalized development plan for the inclusion of the 33.2 acres into the existing Stonewall Industrial Park Master Development Plan. The generalized development plan relocates the intersection of Tyson Drive and Welltown Road approximately 500 feet to the north to align with Parson Court which is located on the east side of Welltown Road. This realignment has been proposed to mitigate the impacts of Tyson Drive traffic accessing Welltown Road directly across from existing residential uses. Lenoir City Company; REZ #13-99 Page 4 June 24, 1999 c) Adjoining Properties,- The roperties: The relocation of Tyson Drive will assist in mitigating impacts to residential uses on the east side of Welltown Road; however, the county's entrance spacing requirements would allow for additional commercial entrances to be developed along Welltown Road. It would be desirable for new development to utilize Tyson Drive for ingress and egress into this portion of Stonewall Industrial Park, as new commercial entrances along Welltown Road may adversely impact existing residential uses. The properties located on the east side of Welltown Road and along Payne Road are primarily residential in nature; therefore, the applicant will be required to provide a buffer and screening to ensure that industrial uses meet appropriate separation distances and screening requirements. It would be desirable to mitigate negative impacts to the adjoining residential uses that could be realized by limiting outdoor lighting pole heights and business sign heights in this area. d) Historic Resources: The Frederick County Rural Landmarks Survey identifies the Mertz House as a potentially significant historic structure (#34-1447). This structure is at the end on Welltown Court approximately 1,100 feet from Welltown Road. The Historic Resources Advisory Board (HRAB) has recommended that the applicant complete a Phase II Evaluation of the Mertz House prior to its removal in accordance to Virginia Department of Historic Resources standards, and that the house be advertised for sale to attempt to have it relocated. 5. Proffer Statement The applicant has submitted a proffer statement as a part of the rezoning application which has been signed, notarized, and reviewed by the County Attorney. The applicant has proffered to provide necessary right-of-way along Welltown Road for road improvements, to participate in a signalization agreement with VDOT for the placement of a traffic signal at the intersection of Welltown Road and McGhee Road, to relocate the Tyson Drive intersection with Welltown Road to mitigate impacts to existing residential uses located on the east side of Welltown Road, to provide a berm that is eight feet above road grade along the west side of Welltown Road, and to conduct a Phase II architectural study for the historic Mertz House which will be provided to the Virginia Department of Historic Resources. Lenoir City Company; REZ #13-99 Page 5 June 24, 1999 STAFF CONCLUSIONS FOR 07/07/99 PLANNING COMMISSION MEETING: The 33.2 -acre portion of the 118.45 -acre parent tract that is proposed to be rezoned to M1 (Light Industrial) District is located within the county's Urban Development Area, the Sewer and Water Service Area, and is immediately adjacent to acreage within the Stonewall Industrial Park that is zoned for industrial land use. The acreage has the ability to connect to the existing system and existing utilities within the Stonewall Industrial Park. The applicant has proffered to provide right-of-way necessary to improve Welltown Road and to enter into a signalization agreement with VDOT to improve the LOS at the McGhee Road intersection with Welltown Road. The applicant has proffered to comply with the recommendations of the HRAB by conducting a Phase II Evaluation of the Mertz House and will provide the findings to the VDHR office. The applicant has proffered to prepare a revised master development plan which conforms to the proffered general development plan to relocate the Tyson Drive intersection with Welltown Road, and to provide a berm along the west side of Welltown Road that is eight feet in height above the road grade elevation. The development of industrial land uses on the 33.2 acres may create negative impacts to adjoining properties that are used for residential purposes, Some of these impacts could be mitigated further through proffered design requirements or by restrictive covenants which could require lower outdoor lighting structure, monument signs, strategic placement of loading and receiving bays, and greater landscaping improvements. The applicant should address how they will mitigate impacts to adjacent residential uses during the review of this application by the Planning Commission and the Board of Supervisors. o]Cl0.(G OdYO rtj cD • mac' - fid' / ry COMMONWEALTH of VIRGINIA DAVID R. GEHR COMMISSIONER Mr. Stephen M. Gyurisin C/O G. W. Clifford & Associates, Inc. 200 North Cameron Street Winchesier, VA 22GO1 Dear Steve: DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY JERRYA.COPP 14031 OLD VALLEY PIKE P.O. BOX 278 RESIDENT ENGINEER EDINBURG. VA 22824-0278 TELE(540)984-5600 FAX(540)984-5607 April 12, 1999 Ref: Lenoir City Co. – Proposed Rezoning Stonewall Industrial Park Route 661 (Welltown Pike) Frederick County The proposed rezoning of the referenced property is indicated to have 550'+ of frontage on VDOT Route 661 (Welltown Pike) as shown on Page 4 of the Impact Analysis Statement. We find the frontage to be nearly 1,100'. According to your ITE traffic projections the proposed rezoning would bring 1,709 trips per day onto Route 661 (Welltown Pike). A recent VDOT actual count dated 04/05/99 on this section of Route 661 reveals a volume of 9,168 vehicles per day using this portion of roadway. When the 1,709 trips per day from proposed rezoning are added to the current 9,168 vehicles per day, a total volume of 10,877 vehicles would be using this facility. The rezoning would be adding approximately 16% to the traffic volume. Furthermore, due to the intensity and diversity of ongoing commercial development taking place and proposed in the area of and adjacent to Route 661 (Welltown Pike) from the intersection of Route 11 northward, a VDOT study is currently underway for this section of Route 661, including the intersection of Route 661 with Route F-732. In that study signalization warrants are under review to determine the need for traffic signals. The Lenoir City Company property owners may be required to participate in the cost of installing a signal if warrants are found to exist, or are triggered by addition of proposed rezoning traffic volumes. In the event this property is rezoned, the affect of adding the site generated traffic volume of 1,709 trips per day to the VDOT Route 661 (Welltown Pike) facility could trigger a decline in the current level of service. The need may arise to increase the existing Commonwealth of Virginia right-of-way, traffic lane widths and number of lanes, left turn lanes or right turn lanes or both, an increase in pavement structure (depth & type of asphalt), additional drainage structures and culverts and an increase in highway hardware including guardrail and traffic signals or other traffic control devices. All of the above will be considered when/if the property is rezoned and a detailed site plan of all or part of the property is presented for VDOT review. If there are any questions, please feel free to call. BJS/rf Enclosure xc: Mr. Dave Heironimus Mr. Kris Tierney SingWelyr —� VA� V- Y-"/X�f Barry J. Sweitzer, Trans. Roadway Engineer For: Steven A. Melnikoff, Transportation Engineer WE KEEP VIRGINIA MOVING 11 COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 5401678-0682 17, 1999 Mr. Stephen M. Gyurisin Gilbert W. Clifford and Associates, Inc. 200 North Cameron Street Winchester, Virginia 22601 RE: Lenoir City Company, Stonewall Industrial Park - Rezoning Application Parcel Identification Number (PINT) 43-A-63 Dear Steve: The Historic Resources Advisory Board (HRAB) reviewed the above -referenced rezoning request during their meeting on March 16, 1999, and offered the following comments: Prior to removal of the Mertz House from the subject property, a Phase 11 Evaluation of the resource should be completed in accordance with Virginia Department of Historic Resources standards. 2. The applicant is encouraged to formally advertise the sale of the structure in an effort to facilitate its relocation and preservation. Should you have any questions or concerns regarding the HRAB's comments, please do not hesitate to contact me. Sincerely, Christopher M. Mohn Planner H CMM/rsa cc: Evan A. Wyatt, AICP, Department of Planning and Development U.- IChrisl common MAB (Lenoir City Rz. comm. wpd 107 North Kent Street o Winchester, Virginia 22601-5000 VIRGINIA (� DIVISION OF HIST®RIC LANDMARKS HISTORIC DISTRICT/BRIEF SURVEY FORM City/Town/ Village/ Hamlet RURAL COUNTY Co Frederick Street address or route number Winchester Historic name EN. 1447ative noQs)40 Present use RESIDENTIAL Originaluse RESIDENTIAL 1. Constriction Materials Off Rt. 661 wood frame O'brick bond: ❑ English ❑ Flemish ❑ -course American. ❑ stretcher ❑ other ❑ stone ❑ random nibble ❑ coursed rubble ❑ ashlar ❑ dressed ❑ rock -faced ❑ log ❑ squared notching. ❑ V -notch ❑ saddle ❑ square ❑ concrete block ❑ tetra cotta ❑ steel frame ❑ other 2. Cladding Material German lap weatherboard ❑ v rtical siding ❑ board & batten ❑ shingle: ❑ wood ❑ asbestos ❑ asphalt ❑ bricktex ❑ other ❑ unsquared ❑ half dovetail ❑ full dovetail ❑ diamond ❑ composition siding ❑ stucco ❑ aluminum or vinyl siding ❑ cast iron ❑ sheet metal ❑ enameled metal ❑ glass L9 arty U.S.G_S. Quad Common name Building Style Vernacular I -house ca.1870-1885 3. SS_to (number) _ 2 ow basement split level a_� basement 4. % Bgys (number): front S side (church) ,V Symmetrical ❑ asymmetrical 5. Roof Type ❑ shed Parapet? gable pediment? ❑ parapet? ❑ clipped end? ❑ cross gable? ❑ central front gable. ❑ other ❑ hipped ❑ pyramidal? ❑ mansard ❑ false mansard ❑ gambrel ❑ flat ❑ parapet? ❑ roof not visible 6. Roofing Material ❑ shingle ❑ composition (asphalt, asbestos, etc.) wood metal ding scam ❑ corrugated ❑ pressed tin (simulated shingles) ❑ tile ❑ pantile ❑ flat ❑ glazed ❑ slate ❑ not visible 7. Dormers (number): front side ❑ gable ❑ pediment? ❑ shed ❑ hipped $' tyle -- Folk Victorian style stories 1 levels full height bays 3 materials wood descriptio and decorative details On brick piers; H> roof; chamfered columns w/ Boric capitals; sawn brackets & pendants if/ leaf motif; scrolls 9. General supplementary description and decoration: 2/2 windows w/ ramped pedimented caps; gable end returns; 2 4 -light attic windows in gable ends- plain friezeboard; capped cornerboards; stone foundation; 2 int. brick chimneys; rear shed -roofed wing W 2/ windows & ext. end modern concrete block flue; side rch; fine coursed stone founria.tion; basement entry on east end ta/ batten door; single transom over door 11. Outbuildings missinramped g. pediment; 4 panel door; shutters Ruins of stone building; frame outhouse; frame machine sFhe�; German lap shed; concrete silo; ruins of bank 12. Landscape F=eatures: Set back off Rt. 661; mature trees. 13. Significance: Lar e 5-bav vernacular. I -house w/ fine Folk VicEorian details in very original condition. Encroachment of industrial park is immanent. Surveyed by:M0KaYbian -& J.A.H.Perkins Date: 6/92 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Gilbert W. Clifford & Associates. Inc. Telephone: 667-2139 Address: c/o Stephen M. Gyurisin 200 N. Cameron St., Winchester, VA 22601 2. Property Owner (if different than above) Name: Lenoir City Company. Telephone: 678-1110 Address: 30 Ricketts Drive Winchester, VA 22601 3. Contact person if other than above Name: Stephen M. Gyurisin Telephone: 667-2139 4. Checklist: Check the following items that have been included with this application. Location map X Plat X Deed to property )J Verification of taxes paid Agency Comments Fees Impact Analysis Statement X Proffer Statement X I 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned-. Lenoir City Company 6. A) Current Use of the Property: B) Proposed Use of the Property: 7. Adjoining Property: PARCEL ID NUMBER 43-A-15 43-A-64,65,66 43B (lots) 43-A-1.38 USE Vacant Residental Residential Industrial Vacant/Undeveloped--:— Industrial ZONING M-1 RA RA M-1 Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers). West side of VA. Secondary Route 661 Welltown Pike approximated 3,100 +/- feet North of the intersection of Welltown Pike and McGhee Road Stonewall Industrial Park Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density of intensity scenario for the proposed Zoning District as described on page 9 of the application package. 9. Parcel Identification/L.ocation: Parcel Identification Number 43 — A - 63 Districts Magisterial: Gainesboro High School: James Wood Fire Service: Stonewall Middle School: James Wood Rescue Service: Stonewall Elementary School: Apple Pie Ridge 10. Zoning Change: List the acreage included in each new zoning category being requested. 11. The following information should be provided according to the type of rezoning proposed: Office Retail Restaurant Square Footage of Proposed Uses * Service Station Manufacturing Warehouse Other *Allow Impact Model to calculate maximum allowable square footage with no proffered use. Current Zonin Zonin Re uestedMH-1 M-1 E RA M- 1 Total acreage to be rezoned 11. The following information should be provided according to the type of rezoning proposed: Office Retail Restaurant Square Footage of Proposed Uses * Service Station Manufacturing Warehouse Other *Allow Impact Model to calculate maximum allowable square footage with no proffered use. 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s) t Stephen 1Vf Gvurisi r � r Owner(s)� � / ��� �-�� _ /� � �.� ,� �'�- Date Lenoir City Company -%7—Eft 1` 4 r Date Date 03/01/1999 Date 03/01/1999 4 �M, M LoFrn } a- LC) ko 2111111 2p3�g »� Sp O,�p� 33.0 Acres LENOIR CI TY ( 0 50 100 200 i L 1 S70 26'30"W 102.41 ✓2p"� Plat Showing 5p� 28 33.0 Acres Stonewall Industrial Park Addition Gainsboro Mogisterioi District Frederick County, '✓irgirria DATE: JANUARY 21, 1998 SCALE: 1"=200' FILE{: "stonewall.dwg" 1 -9 00 257 i IAI i. vc LL. GASH 5-7 Recd E OM - UJ 52,11 Adds T' 1By LU ul > O af For 5 L) Q AM f, Of ACCOUNT fuj WAMI PAID ccL. LIALANCL DUE 00 257 i IAI i. vc GASH K MONEY 1By 00 257 i IAI i. REZONING REQUEST PROFFER Stonewall Industrial Dark Property Identification Number 43-((A))-63 Gainesboro Magisterial District Pursuant to Section 15.2-2296 et. sea_. of the code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # -99 for the rezoning of 33.20 acres from Rural Area (RA) zoning district and Mobile Home (MH -1) zoning district to Industrial General (M-1) zoning district. Development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. Historic Preservation The undersigned, who owns the above described property hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 33.20 acres the undersigned will conduct a Phase II architectural study for the Mertz House (Historic Landmark Survey File Number 34-1447) prior to removal of the structure. A copy of the resulting study shall be provided to the Department of Historic Resources. Master Planning A Master Development Plan is proffered to incorporate the 33.20 acres as an addition to the existing approved Master Development Plan for the Stonewall Industrial Park. The Plan attached and made part of this proffer statement relocates Tyson Drive to the north to mitigate the impacts of the planned transportation network improvements upon the existing residential uses located on the east side of Virginia Secondary Route 661 (Welltown Road). Eight foot (8') high berms will be provided along the west side Welltown Road at road grade level during the site planning stage for the 33.2 acres. Transportation The undersigned, who owns the above described property hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 33.20 acres the undersigned will: Conduct detailed traffic studies and analysis at the site planning stage for proposed uses on the 33.20 acres in accord with VDOT standards. Participate in a signalization agreement with the Virginia Department of Transportation (VD0 T) for the intersection of Welltown Road and McGee Drive. Provide necessary right-of-way along Welltown Road for road improvements. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully submitted, PROPERTY OWNER `� N (Print name) Date: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this /71 day of June 1999 by My Commission expires Notary Public a gg Ng, 33 Avres Id-tift.ti— Exi.ting z eing: RA d< MH-7 \ /</ Exletin9 Vaaant h M.W. H.— Park Pr.Maglat.ral Dletrletuxst -.wall n atez+r \ —+}\ _ \�� �,, _- _\ APPROVED BY: AN Dlr.atar PT Planning 4, Development Dots 71/ paw C7 13 e i , ��•STONEWALL :INDUSTRIAL PARK 7' - 2w 11. 7888 air � °r °i m CSY. o Gilbert W. Clifford and Associates, Inc. MASTER D sEMOP1ENT PLAN t rp, ®� Ee�.ms tend l7.mma.. eaxea7er. okdmd June 7988) m nn�r� 1F0-c 01de Greenxkh I` 200 North e&I. 2 St. +rree(mm C.$Y. Fled'ricks6arg, Vt-piA. 2240! WYxhxstm, Vlrpinla 22601 1 UA#) 893-21IS (540) 667-2139 FTDERICK couN7T VIR(1MA tPPLICANT: Storewail Ind Park Net Fiscal Impect AND USE TYPE Rezdrrng Costs of Irrmact Cry Credits to be Take Total Potsrftl Adijustrnerrt For tEAL EST VAL $87,120,000 1RE & RESCUE 1 Required (entered in Capital Faciltiies Cur_ Budget Cur. Budget Cap. Future CIPt Tax Credits Revenue- Net Capital Net Cost Per cot surn orgy) Oder Can Eauia �nd_I -ebt S Taxes, Other Unad'ustedj Cost Baia nce Facdi res Impact Dwellina Unit 1re and Rescue Departrrwnt $442,321 $0 :lementary Schools S0 $U $442,321 ERR fiddle Schools ligh Schools $0 $0 $0 $0 $0 $0 ERR $0 "arks and Recreation 'ub!!c $0 S0 $0 _ $0 SO ERR Lilbraty hews Offices $0 $0 $0 s0 $0 s0 ERR drninist aiion Building $0 $27,708 $0 -- $0 $27,708 $27,708 $0 ERR i0ler Miscelianeocrs Faddbties $0 $7t,785 $94,217 $0 SQ $166,001 $0 $166,001 $0 $0 ERR ERR SUBTOTAL $442,321 LESS: NET FISCAL IMRFCT $14,763,138 $99,493 $94,217 $0 $193,710 $193,710 $248,612 ERR NET CAP. FACILITIES IMPACT $14,763,138 $14,763,1384 3 76 138 ERR O E INDEX: '1.0' If Cap. Equip Included: 1.0 INDEX: '1.0' if Rev -Cost Bat, *O.0' if Ratio to Cc Avg: 0.0 Rey -Cost Bal = 1.000 PLANNU+IG DEPT PREFERENCES 1.0 1.0 Ratio to Co Avg = 1.483 IETHODOLOGY 1. Capital ftlitres rewiremerils are input to the frst column as calculated in the model. 2. Net Fermi Impact NPV from operations cakx� is input in row total of second col rrur (zero if negative): included are the one -tine teacesftm for one year oNy at fdl value. 3. NPV Of future open rap equip twm paid in third column as calculated in fiscal impacts. 4. NPV of future capital expandit um taxers paid in fourth col as calculated in fiscal impacts. S. NPV of hiture taxes paid to bring current county up to standard for new tacilities, as calculated for each new facility. 6. Columns tfiree through fore are added as poterrtial coedits aganstthe calcul tied capiw facilities nequrrerilerrts. These are adjusted for Percent of costs covered by the revenues from the pmject (ach al. or as ratio to avg. for ail residential development). OTE: Proffer calculations do not include iKALKIS interest because they are cash payments up front Credits do inekxfe interest if the projects are debt financed. ID A PROPOSED REZONING For PARCEL ID — 43-((A))-63 Gainesboro Magisterial District Frederick County, Virginia February 1999 Prepared for: Lenoir City Company. — Property Owner STONEWALL INDUSTRIAL PARK Prepared by: Gilbert W. Clifford & Associates_ Inc. 200 N. Cameron St. Winchester, VA 22601 (540) 667-2139 Impact Analysis Statement Parcel ID: 43-((A))-63 Table of Contents Section page Introduction 3 Site Suitability 3 Surrounding Properties 4 Traffic 4 Sewage Conveyance and Treatment 4 Water Supply 4 Drainage 5 Solid Waste Disposal Facilities 5 Historic Sites and Structures 5 Community Facilities 5 Impact Analysis Statement Parcel ID: 43-((A))-63 Introduction The subject parcel contains a total of 33.20 acres. The property is located on Route 661, Welltown Pike adjoining and part of the Stonewall Industrial Park in Frederick County, Virginia. The property is currently zoned Rural Area, RA (25.7 acres) and Mobil Home Park M11-1 (7.5 acres). The owner desires to rezone the entire 332 -acre parcel to M-1, Light Industrial District. The intended purpose for the rezoning of the subject parcel is to extend the existing Stonewall Industrial Park to the north and provide for more light industrial area. The proximity of the parcel to roads, utilities and commercial development creates circumstances favorable for development as allowed under the M-1 zoning category. Site Suitability The site is well suited for development. According to the 1998 Frederick County Comprehensive Policy Plan, the property is within the Urban Development Area The proximity of the property to Route 11/37 and Interstate Route 81 makes it a highly desirable site for M-1 zoning or an industrial park use. 100 Year Flood Plain The parcel is not within designated areas of the 100 year flood. Wetlands No wetlands have been identified on the site. There is no evidence of hydric soils or plants in significant quantity to warrant delineation of wetlands. Steen Slopes The property generally slopes to the east. The land is situated near the top of a ridge and is gently sloping toward Welltown Pike. Slopes are less than 15.0%. Mature Woodlands The site contains no mature woodlands. Soils There are no critical soil areas on the site. Impact Analysis Statement Parcel ID: 43-((A))-63 Comprehensive Planning The subject property is within the Urban Development Area (UDA) as defined by the Frederick County adopted comprehensive Plan. The 33.2 -acre site is within the planning area designated as the Sewer and Water Service Area (SWSA) and is near the designated area of Interstate 81/37 Interchange Area. The planned zoning to Light Industrial, M-1 is compatible with all comprehensive planning land use designations and policies. Master Planning A Master Development Plan is approved for the Stonewall Industrial Park. This portion of the property requested to be zoned to M-1 is shown on the approved Master Development Plan. Surrounding Properties The site to be rezoned is bordered on the north and east by residential home lots zoned RA. To the south of the site is the existing developed Stonewall Industrial Park zoned M-1. Along the West Side of the property requested for M-1 zoning is land currently zoned M-1 and undeveloped. Traffic The property will have over +/- 550 feet of frontage on Route 661, Welltown Pike for access and will have access to the proposed Tyson Drive as shown on the approved Master Development Plan. Welltown Pike links with Route 37/1 Ito the south just east of the Winchester/Stephenson exit of I-81. Route 661 at the site is a two-lane road. Traffic data from the Virginia Department of Transportation for a 1995 count records 7229 trips per day on Route 661 between Route 11/37 and Route 663. The average weekday 24 hour two-way traffic volume for the 33.2 acre site to be rezoned is projected at 1709 trips (see the attached trip generation summary). Sewage Conveyance and Treatment There are no known limiting factors for the conveyance of sewage and sewage treatment from this property. The Frederick County Sanitation Authority (FCSA) serves the site. Extension of the existing eight inch sanitary sewer mains is anticipated to serve the area. Water Supply There are currently public water facilities available nearby in the Stonewall Industrial Park to serve the site. The Frederick County Sanitation Authority has an eight -inch line that would be extended to serve this area. Traffic The 33+/- acre portion of Stonewall Industrial Park to be zoned from rural area (RA) to Industrial General (M-1) has approximately 1000' of frontage along the west side of VA Sec. Route 661 (Welltown Pike). The frontage of the property to be zoned to M-1 is located approximately 3400' north of the intersection of McGhee Drive and Welltown Road. McGhee Drive serves as the main access for the Stonewall Industrial Park. The 33+/- acre site to be zoned M-1 currently has 10 residential units (1 house and 9 manufactured homes) on approximately 3 acres. Residential density permitted on the remaining 30 acres in one unit per four acres of 6 residential units. Existing vehicle trips from this site are estimated at 100 typed per day with projected full build out at 160 trips per day. Vehicle trips are estimated using ITE Trip Generation Manuel, fifth edition for the 33 acres. The average 24 hour two-way traffic volume if 1,709 trips.The average weekday 24 hours two-way traffic impacts may be estimated by subtracting volumes generated by existing RA zoning from the projected M-2 zoning traffic volumes. Traffic projections for the proposed rezoning would bring 1549 trips per day. Traffic will enter and leave the site via direct access on to Welltown Road. A Master Development Plan is approved showing proposed Tyson Drive located approximately 200' south of this site. Tyson Drive is proposed to be relocated approximately 500' to the north through a portion of this site to Welltown Road. According to a VDOT 04/05/99 actual count on the section of Welltown Road from Route 37/11 to McGhee Drive a volume of 9,168 vehicles per day were reported. A traffic count conducted on May 25, 1999 on the portion of Welltown Road where the property is to be zoned from RA to M-1 is 3731 types per day based upon a two-way 24-hour actual count. Project Name: Stonewall Industrial Park Intersection: VA Rte 661, north of Lenoir Drive Trips on Route 661 Peak Hour Volumes Northbd Southbd Total Time Period 6:45 - 7:45 212 114 326 14:45 - 15:45 102 162 264 15:45 - 16:45 116 201 317 16:45 - 17:45 132 240 372 17:45 - 18:45 97 162 259 18A5 - 19:45 69 121 190 19:45 - 20:45 50 79 129 20:45 - 21:45 36 75 111 21:45 - 22:45 25 31 56 22:45 - 23:45 10 24 34 23:45 - 0:45 2 11 13 0:45 - 1:45 6 9 15 1:45 - 2:45 1 6 7 2:45 - 3:45 9 5 14 3:45 - 4:45 23 3 26 4:45 - 5:45 78 8 86 5:45 - 6:45 185 28 213 6:45 - 7:45 212 114 326 7:45 - 8:45 164 60 224 8:45 - 9:45 110 69 179 9:45 - 10:45 85 70 155 10:45 - 11:45 71 79 150 11:45 - 12:45 99 103 202 12:45 - 13:45 76 76 152 13:45 - 14:45 135 102 237 Year Total 24 hr Count = 1893 1838 3731 1999 Projected ADT = 2,248 2,183 4,431 2004 Annual Inc. = 3.5% Peak Hour Volumes Trips on Route 642 Northbd Southbd Total AM Peak Hour 6:45 - 7:45 212 114 326 PM Peak Hour 16A5 - 17:45 132 240 372 gilbert w. clifford and associates 26 May 1999 Location: Frederick County Date: Weekday, 5/25/99 Stonewall Industrial Park - Annex Summary of Average Vehicle Trip Generation For 33 Acres of General Light Industrial March 04, 1999 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation, 6th Edition, 1997. TRIP GENERATION BY MICROTRANS 24 Hour 7-9 AM Pk Hour 4-6 PM Pk Hour Two -Way Volume Enter Exit Enter Exit Average Weekday 1709 206 42 53 187 24 hour Peak Hour Two -Way Volume Enter Exit Saturday 288 15 17 Sunday 146 10 11 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation, 6th Edition, 1997. TRIP GENERATION BY MICROTRANS Stonewall Industrial Park - Annex Summary of Trip Generation Calculation For 33 Acres of General Light Industrial March 04, 1999 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation, 6th Edition, 1997. TRIP GENERATION BY MICROTRANS Average Rate Standard Deviation Adjustment Factor Driveway Volume Avg. Weekday 2 -Way Volume 51.80 32.69 1.00 1709 7-9 AM Peak Hour Enter 6.23 0.00 1.00 206 7-9 AM Peak Hour Exit 1.28 0.00 1.00 42 7-9 AM Peak Hour Total 7.51 6.51 1.00 248 4-6 PM Peak Hour Enter 1.60 0.00 1.00 53 4-6 PM Peak Hour Exit 5.66 0.00 1.00 187 4-6 PM Peak Hour Total 7.26 5.99 1.00 240 AM Pk Hr, Generator, Enter 6.77 0.00 1.00 223 AM Pk Hr, Generator, Exit 1.19 0.00 1.00 39 AM Pk Hr, Generator, Total 7.96 6.46 1.00 263 PM Pk Hr, Generator, Enter 2.63 0.00 1.00 87 PM Pk Hr, Generator, Exit 6.14 0.00 1.00 203 PM Pk Hr, Generator, Total 8.77 6.74 1.00 289 Saturday 2 -Way Volume 8.73 7.91 1.00 288 Saturday Peak Hour Enter 0.45 0.00 1.00 15 Saturday Peak Hour Exit 0.51 0.00 1.00 17 Saturday Peak Hour Total 0.96 1.55 1.00 32 Sunday 2 -Way Volume 4.42 5.50 1.00 146 Sunday Peak Hour Enter 0.31 0.00 1.00 10 Sunday Peak Hour Exit 0.33 0.00 1.00 11 Sunday Peak Hour Total 0.64 1.06 1.00 21 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation, 6th Edition, 1997. TRIP GENERATION BY MICROTRANS Stonewall Industrial Park - Annex Summary of Multi -Use Trip Generation Saturday and Sunday Driveway Volumes March 04, 1999 Saturday Sunday 24 Hr Peak Hour 24 Hr Peak Hour 2 -Way 2 -Way Land Use Size Vol. Enter Exit Vol. Enter Exit General Light Industrial 33 Acres 288 15 17 146 10 11 Total 288 15 17 146 10 11 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation, 6th Edition, 1997. TRIP GENERATION BY MICROTRANS Stonewall Industrial Park - Annex Summary of Trip Generation Rates For 33 Acres of Industrial Park March 04, 1999 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation, 6th Edition, 1997. TRIP GENERATION BY MICROTRANS Avg. Trip Rate Min. Trip Rate Max. Trip Rate Std. Dev. No. of Studies Avg. Weekday 2 -Way Volume 63.11 13.87 1272.63 62.04 43 7-9 AM Peak Hour Enter 8.44 2.79 34.24 0.00 0 7-9 AM Peak Hour Exit 1.73 0.57 7.01 0.00 0 7-9 AM Peak Hour Total 10.17 3.36 41.25 6.48 26 4-6 PM Peak Hour Enter 2.20 0.68 12.47 0.00 0 4-6 PM Peak Hour Exit 8.27 2.56 46.91 0.00 0 4-6 PM Peak Hour Total 10.47 3.24 59.38 7.27 26 AM Pk Hr, Generator, Enter 7.21 2.56 42.41 0.00 0 AM Pk Hr, Generator, Exit 1.08 0.38 6.34 0.00 0 AM Pk Hr, Generator, Total 8.29 2.94 48.75 6.12 35 PM Pk Hr, Generator, Enter 1.82 0.44 12.47 0.00 0 PM Pk Hr, Generator, Exit 6.85 1.67 46.91 0.00 0 PM Pk Hr, Generator, Total 8.67 2.11 59.38 7.16 35 Saturday 2 -Way Volume 34.23 10.00 564.21 41.91 14 Saturday Peak Hour Enter 1.51 1.31 1.92 0.00 0 Saturday Peak Hour Exit 3.20 2.77 4.09 0.00 0 Saturday Peak Hour Total 4.71 4.08 6.01 2.23 3 Sunday 2 -Way Volume 10.11 0.93 98.95 9.02 14 Sunday Peak Hour Enter 0.46 0.31 1.29 0.00 0 Sunday Peak Hour Exit 0.53 0.37 1.51 0.00 0 Sunday Peak Hour Total 0.99 0.68 2.80 1.22 3 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation, 6th Edition, 1997. TRIP GENERATION BY MICROTRANS Stonewall Industrial Park - Annex Summary of Trip Generation Calculation For 33 Acres of General Light Industrial March 04, 1999 Average Standard Adjustment Driveway Rate Deviation Factor Volume Avg. Weekday 2 -Way Volume 51.80 32.69 1.00 1709 7-9 AM Peak Hour Enter 6.23 0.00 1.00 206 7-9 AM Peak Hour Exit 1.28 0.00 1.00 42 7-9 AM Peak Hour Total 7.51 6.51 1.00 248 4-6 PM Peak Hour Enter 1.60 0.00 1.00 53 4-6 PM Peak Hour Exit 5.66 0.00 1.00 187 4-6 PM Peak Hour Total 7.26 5.99 1.00 240 Saturday 2 -Way Volume 8.73 7.91 1.00 288 Saturday Peak Hour Enter 0.45 0.00 1.00 15 Saturday Peak Hour Exit 0.51 0.00 1.00 17 Saturday Peak Hour Total 0.96 1.55 1.00 32 Note: A zero indicates no data available. Source: Institute of Transportation Engineers Trip Generation, 6th Edition, 1997. TRIP GENERATION BY MICROTRANS Impact Analysis Statement Parcel ID: 43-((A))-63 Drainage The site has no identified drainage problems. The property slopes generally from the west to the east and drains toward Welltown Pike. There are no streams or ponds located on the area to be zoned to M-1. An increase in storm water runoff can be expected with any development on the property. Storm water management will be provided in accordance with the Frederick County Code, Chapter 165. The approved Stonewall Industrial Park Master Plan has provisions for a storm water management facility that may be used to serve this area. Solid Waste Disposal Facilities No additional solid waste disposal facilities will be required for the proposed development. Tipping fees are $35.00 per ton. Collection fees are $25.00 per ton. The annual cost project to meet waste disposal needs can be estimated by: Cost = cost per ton of waste x tonnage Historic Sites and Structures The site contains no known historic sites or structures as listed on the National Register. The Virginia Division of Historic landmarks identifies a structure known as the Mertz House a Vernacular I -house, ca. 1870-1885. This structure is listed as file number 34- 1447 (see attached survey forms) According to the Frederick County Comprehensive Plan Battlefield inventory, the property lies outside the commonly accepted limits of the major civil war battles. Community Facilities Education No impacts to education facilities are anticipated. Emergency Services Police protection is provided by the Frederick County Sheriff's Department. The nearest fire and rescue facility is the Stonewall Fire and Rescue Company located north of the property in Clearbrook. No additional fire and rescue facilities will be required for the area proposed to be rezoned. Parks and Recreation No impacts to parks and recreation facilities are anticipated. E P/C REVIEW: 07-07-99 BOS REVIEW: 07-14-99 MASTER DEVELOPMENT PLAN #03-99 COMMONWEALTH BUSINESS CENTER LOCATION: The property is located at 3657 Valley Pike. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBERS: 75 -A -91A and 63-A-85 PROPERTY ZONING & PRESENT USE: Zoned: B3 (Industrial Transition) District ADJOINING PROPERTY ZONING & PRESENT USE: (North): Zoned: M2 (Heavy Industrial) District (South): Zoned: B3 (Industrial Transition) District (East): Zoned: Interstate 81 (West): Zoned: B2 (Business General) District PROPOSED USE: Industrial Park REVIEW EVALUATIONS: Use: Trailer Sales/Vacant Use: H. P. Hood Facility Use: Vacant Use: Budget Motel Virginia Dept. of Transportation: See attached letters from Barry Sweitzer, Transportation Roadway Engineer at VDOT, to G. W. Clifford & Associates dated 6/01/99 and 5/25/99. Sanitation Authority: No comment. Inspections Dept.: No comment required at this time. Shall comment at the time of site plan review. Commonwealth Business Center, MDP #03-99 Page 2 June 24, 1999 Fire Marshal: Plan approval recommended; no additional comments. County Engineer: We offer no additional comments at this time. We will offer our comments at the time of full site plan submittal. Planning Department: Project Scope: The proposed Commonwealth Business Center Master Development Plan is comprised of two parcels which total 37.2 acres. This acreage will be developed for Industrial and Commercial uses. The property is abutted by Route 1 I (Valley Pike) to the west and Interstate 81, to the east. Access to the development will be via Commonwealth Drive which provides controlled access to Route 11. The future lot that will front on both Route 11 and Commonwealth Drive will have one additional entrance onto Route 11. This development is directly south of the H. P. Hood site currently under development. 1) Transportation The preliminary Master Plan shows that the applicant is dedicating additional right-of- way along Route 11 (Valley Pike). The amount provided is consistent with the amount requested by VDOT to accommodate future improvements to this section of Route 11 as identified in Frederick County's Primary Road Plan. In addition, the plan limits the number of entrances along Route 11 and notes that the Interstate 81 expansion and improvement plans may possibly impact this site in the future. 2) Subdivision Street Design Requirements With regards to the proposed cul-de-sac, the applicant is requesting a waiver of the subdivision ordinance which requires that cul-de-sacs shall not exceed one thousand (1,000) feet in length. The Planning Commission may waive this requirement in cases where extreme topography or other factors make it impractical. The proposed Con'u-nonwealth Drive :s 1,245 feet in. length. The Pl=qffig Comm.ssaon should determine if they believe the applicant has demonstrated that the 1,000 -foot requirement is impractical in this case. A letter from the applicant requesting this waiver is included with your information. Commonwealth Business Center, MDP #03-99 Page 3 June 24, 1999 3) Zoning District Buffer A `B" Category buffer is required when developing 133 -zoned property adjacent to property that is zoned B2. The Preliminary Master Development Plan correctly details the provision of a buffer adjacent to the commercially zoned property across the Route 11 right-of-way 4) Environmental Features and Historical Landmarks This site contains no identified environmental features. The Frederick County Rural Landmarks Survey identified Site 934-984, Village Auto Sales, as being located on this property. However, this site did not make the list of potentially significant properties. STAFF CONCLUSIONS FOR 07/07/99 PLANNING COMMISSION MEETING: Staff concludes that the overall concept of this Master Development Plan is consistent with the Comprehensive Plan and the requirements of Article XVII, Master Development Plan, of the Zoning Ordinance. Staff would ask the Planning Commission to ensure that all review agency comments are addressed prior to final approval of this plan. In addition, that the Planning Commission determines whether a waiver of the cul-de-sac distance requirement is appropriate in this case. O:\Agendas\COMMENTS\MDP's\Commonwealth. MDP COMMONWEALTH ®f VIRGINIA DEPARTMENT OF TRANSPORTATION DAVID R. GEHR EDINBURG RESIDENCY COMMISSIONER 14031 OLD VALLEY PIKE JERRYA COPP RESIDENT ENGINEER P.O. BOX 278 TELE (540) 984-5600 EDINBURG, VA 22824-0278 FAX (540) 984-5607 June 1, 1999 Mr. Stephen M. Gyurisin Ref: Commonwealth Business Center C/O G. W. Clifford & Associates, Inc. Revised MDP 200 North Cameron Street U.S. Route 11 (Valley Pike) Winchester, VA 22601 Frederick County Dear Steve: A VDOT review of the revised master development plan dated January 30, 1997 (received April 12, 1999) for the referenced project has been completed. Our comments are as follows and as shown in red on the enclosed plan sheet: We are concerned about the intended land use for the parcel under consideration. We understand the transitional nature of the designated B-3 zoning. However, considerable differences exist as to traffic volumes gathered through the ITE Sixth Edition when you research business center and industrial park which you choose for the traffic analysis for pavement design. Please provide clarification by providing to the extent possible the proposed usage of lots within the master development plan. See letter dated 05/12/99 on Carquest for additional data. 2. The proposed entrance should not be shown on the master development plan since approval by VDOT has been granted on a specific site plan (Carquest). Additional right-of-way along existing Route 11 right-of-way and easement for potential signal loop maintenance should be dedicated as shown on the plan sheet. See Carquest review plans for larger scale of right-of-way needs. 4. Signalization, including an agreement to participate in the installation costs at Commonwealth Drive and Route 11 (Valley Pike) intersection, should be included in consideration. It is our desire the above comments become part of the consideration on the master development plan. If there are any questions, please feel free to call. f Since I r lJ �,/ Barry J. Sweitzer, Trans. Roadway Engineer For: Steven A. Melnikoff, Transportation Engineer BJS/rf Enclosures xc: Mr. Dave Heironimus, Mr. Kris TiernWE KEEP VIRGINIA MOVING RECEIVED JUN 0 3 1999 DEPT, OF PLANNING/DEVELOPMENT �C tGIIWg a COMMONWEALTH ®f VIRGINIA DEPARTMENT OF TRANSPORTATION DAVID R. GEHR EDINBURG RESIDENCY JERRYA.COPP COMMISSIONER 14031 OLD VALLEY PIKE RESIDENT ENGINEER P.O. BOX 278 TELE (540) 984-5600 EDINBURG, VA 22824-0278 FAX(540)984-5607 May 25, 1999 Mr. Stephen M. Gyurisin Ref: Commonwealth Business Center C/O G. W. Clifford & Associates, Inc. US Route 11 (Valley Pike) 200 North Cameron Street Frederick County Winchester, VA 22601 Dear Steve: A VDOT review has been completed on the subdivision plan dated April 15, 1999 for the referenced project. Our comments are as follows and as shown in red on the plan sheets: I;hPPt 1 of 6 1. The identification of the proposed use of the site property to function as business or industrial remains uncertain for VDOT. This causes anxiety on our part as to proper ITE Coding. We have calculated Code 130 (Industrial Park) and also Code 770 (Business Park). Code 130 (Industrial Park) Page 151, Volume 1 Average Rate 38 ac @ 63.11 = 2,398 TPD Fitted Curve T = 47.943 (38 ac) (x) + 595.337 = 2,417 TPD Code 770 (Business Park) Page 1178, Volume 2 Average Rate 38 ac @ 149.79 = 5,692 TPD Fitted Curve T = 156.811 (38 ac) (x) — 199.376 = 5,759 TPD (Should this be used?) These differences could affect the roadway needs to serve this proposed site. Therefore, some clarification should be provided. ,hPPt ? of 6 2. The proposed pavement structure cannot be confirmed until a clearer understanding has been determined concerning proposed land use. 3. A note stating "This planned site may be adversely affected by potential I-81 widening plans currently under study." should be added to the appropriate location on the plans. WE KEEP VIRGINIA MOVING Mr_ Stephen M. Gyurisin Ref: Commonwealth Business Center May 25, 1999 Paze #2 4. Proposed rights -of -ways and easements should be dedicated to the Commonwealth of Virginia as indicated to provide space for road improvement needs. 5. Sight distances should be shown at the approved entrance. 6. Drainage flow arrows should be shown as appropriate to indicate water flows. The above concerns should be addressed to allay VDOT road users needs and maintain safe use and access to the highway system. If there are any questions, please feel free to call. Sincerely, OAW Barr J. Sweitzer Trans. Roadway Engineer For: Steven A. Mel n i koff Transportation Engineer BJS/rf Enclosure xc: Mr.- Dave Heironimus r� wvi . Kris Tierney gilbert w. clifford & associates, inc INCORPORATED 1972 Engineers Surveyors — band Planners — Water Quality June 23, 1999 Mr. Mike Ruddy, Zoning Administrator Frederick County Department of Planning 107 N. Kent Street Winchester, VA 22601 RE: Commonwealth Business Center Dear Mike: Board of Directors: President: Thomas J. O'Toole, P.E. Vice Presidents: Charles E. Maddox, Jr., P.E. Earl R Sutherland, P.E. Ronald A. Mislowsky, P.E. David J. Saunders, P.E. Directors.- P. irectors:P. Duane Brown, L.S. William L, Wright Michael A. Hammer Thomas W. Price On behalf of the owner of Commonwealth Business Center we respectfully request a variance of the subdivision code as allowed by Chapter 144 -Subdivision of land Article III General Provisions, Section 144.5. Variations in or exceptions to the provisions of this chapter may be granted by the Board of Supervisors in cases of unusual situations... We request variations of the Commonwealth Drive Cul-de-sac length from 1000' to 1285` as required by Chapter 144, Subdivision of Land, Article V design Standards, 144 -17 -Streets, G. (1) Cul-de-sac. The proposed street is designed to serve a business and industrial development not a residential subdivision. The street 'gas a 60' Right-of-way with a 75' radius, designed to VDOT standards for the projected traffic. The additional right -of - ay length provides additional industrial and business frontage away from the cul-de-sac or tum around area. The owners have tried to work with adjoining properties to provide a connecting loop street but have been unsuccessful. No additional lots will be created due to the increased length since there is no minimum lot width for B-3 lots. The placement of fire hydrants is adequate meeting all spacing requirements. Utility locations are not adversely impacted with the additional road length. The additional length to the street does not adversely affect public health, safety or welfare. The street is designed to a standard greater than the code requires and will be VDOT approved. The unique characteristics of the property that is located between U.S. Route 11 and Interstate 81 and the development plans of adjoining property limit the design of an access to a single cul-de-sac street. The street is of a length to provide adequate access and frontage to serve the projected B-3 uses. Thank you in advance for your consideration and approval of this request for the Commonwealth Business Center. Sincerely, 504 clifford & associates, inc. _ the Gyurisin 200 North Cameron Street, Winchester, Virginia 22601 (540) 667-2139 Fax (540) 665-0493 e-mail gwcliff@nmsinc.com MemberAmerican Consulting Engineers Council MDP#03--99 PIN: 75 -A -91A, 63,A,85 Commonwealth Business Center Produced by Frederick County Planning and Development, 06-14-99 Frederick County, Virginia Master Development Plan Application Package APPLICATION MASTER DEVELOPMENT PLAN TeptCr �fPla�g end T &lc�m�n ase 4izl Date heatio, receivedicatzm. Pp _ __App ccelce..... P 1�0 2371'x) gal VA 013514 55 (, bi f �,i 1. Project Title: Goole ustrial�ark- 2. Owner's Name: Marshall National Bank Trustee under the will of J.S.Cooley, Deceased (Please list the names of all owners or parties in interest) 3. Applicant: G.W. Clifford & Associates_ Inc. Address c/o Stephen M. Gyurisin 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 WAY 1 ! 1999 DEPT. OF P!i�uL'li�V l;a v1.1T Frederick County, Virginia Master Development Plan Application Package APPLICATION cont'd MASTER DEVELOPMENT PLAN 5. Location of Property: 3657 Valley Pike. 6. Total Acreage: 37.2759 A.c. 7. Property Information: a) Property Identification Number (PIN) b) Current Zoning: C) Present Use: d) Proposed Use(s)- e) Adjoining Property Information: 75 -A -91A and 63-A-85 _ B-3 Trailer Sales Industrial Park Property Identification Numbers Property Uses North 63 -A -86+63 -A -82+63-A-83 Vacant.,Industrial,Residential South 75 -A -10A Vacant East 75 -A -90+75-A-91 Vacant West 63 -A -65+63-A-66 Motel f) Magisterial District: Back Creek 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 plan application. ; Signature: Date: RECEIVED APR 0 g 1999 DEPT, OF PLANNING/DEVELOPMENT Frederick County, Virginia Master Development Plan Application Package Adjoining Property Owners MASTER DEVELOPMENT PLAN Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2"d floor of the Frederick County Administration Building, 107 North Kent Street. Name Address Property # Adams Maervel W./Ann A. Duffey 5223 12 Street N. Arlington, VA 22205 63-A-86 Cooley J.S./Marshall Nat'l Bank P.O. Box 38 Marshall, VA 20116 63-A-85 Cooley J.S./Marshall Nat'l Bank P.O. Box 38 Marshall, VA 20116 75 -A -91A Winc.-81 L.L.C./Urquhart & Co. 7601 Lewinsville Rd. Ste 410 Mclean, VA 22102 75 -A -10A VA State Police P.O. Box 2798 Winchester, VA 22604 63-A-63 Adams TG & Rosalie 3632 Valley Pike Winchester, VA 22602 63-A-62 Collins Michael Andrew 3670 Valley Pike Winchester, VA 22602 63-A-64 Adams TG & Rosalie 3632 Valley Pike Winchester, VA 22602 63-A-65 Emmart W.H. & Son Inc. P.O. Box 2247 Winchester, VA 22604 63-A-66 Schenck Foods Co. Inc. P.O. Box 2298 Winchester, VA 22604 63-A-67 Frye Carl E. & Ann Lee P.O. Box 2467 Winchester, VA 22604 63-A-82 Funk John Lee & Helen Jo 506 Academy Drive Paragould, AK 72450 63-A-83 Broy William E. & Linda L. 309 Wentworth Drive Winchester, VA 22601 63-A-84 l Date -4 om Fes" '^ i _i f ilk �1 1.�J,z,'i �rj it I C HE 4 3HLyid c MCNEY