PC 04-15-98 Meeting AgendaAGENDA
FREDERICK COUNTY PLANNING COMMISSION
The Board Room
Frederick County Administration Building
Winchester, Virginia
APRIL 15, 1998
7:00 P.M. �.� WOi1 CALL TO ORDER TAB
1) March 4, 1998 and March 18, 1998 Minutes .............................. A
2) Bi -Monthly Report .................................................. B
3) Committee Reports ....................... C
4) Citizen Comments .................................... . ............ D
PUBLIC MEETING
Master Development Plan #001-98 of Zeigler Property submitted by Zeigler
Mechanical/Electrical Contractors, Inc. for the development of a 25.185 -acre tract for
manufacturing and office space. The property is located at the intersection of Valley Pike
(Route 11 S.) and Branson Spring Road (Route 668), and identified with Property
Identification Number 33 -A -105B in the Stonewall Magisterial District.
�Od'(Mr.Ruddy) .................................................. E
6) Waiver Request of Greenway Engineering under the provision of Chapter 165, Section
31.B(6) and B(7) of the Frederick County Code, to disturb a greater percent of the steep
slope and woodlands than permitted. This property is identified as Property Identification
Number 54-7-4 and is located in the Stonewall Magisterial District.
(Mr, Lawrence) .................................................... F
DISCUSSION ITEMS
7) Review of Proposed Modifications to Chapter 165, Section 31.13, Amount of
Environmental Feature Disturbance Permitted, and Section 31.B(7), Woodlands
Disturbance. Staff will present a proposal that would enable a greater percentage of
woodlands disturbance. The proposal would also establish incentives to encourage
woodlands protection in exchange for a reduction in the required open space within a
development.
(Mr. Lawrence) ..................................................... G
8) Other
MEETING MINUTES
OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board Room of the the Frederick County Administration Building at 107 North Kent Street in
Winchester, Virginia on March 4, 1998.
PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; John R Marker, Vice-Chairman/Back
Creek District; John H. Light, Stonewall District; S. Blaine Wilson, Shawnee District; Terry Stone, Gainesboro
District, Madorie H. Copenhaver, Back Creek District; George L. Romine, Citizen at Large; W. Wayne Miller,
Gainesboro District; Roger L. Thomas, Opequon District; Richard C. Ours, Opequon District; and Jay Cook,
Legal Counsel.
ABSENT: Robert A. Morris, Shawnee District; Robert M. Sager, Board Liaison; and Vincent DiBenedetto,
Winchester City Liaison.
STAFF PRESENT: Kris C. Tierney, Director; Evan A. Wyatt, Deputy Director; Eric R Lawrence, 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 JANUARY 7,1998 MEETING
Chairman DeHaven said that the minutes of the January 7, 1998 meeting need to formally
designate the Commission's regularly scheduled meeting nights, which are the fust and third Wednesdays of each
month at 7:00 p.m. in the Board of Supervisors meeting room. Upon motion made by Mr. Romine and seconded
by Mr. Thomas, the minutes of January 7, 1998 were approved with this correction.
BIMONTHLY REPORT
Chairman DeHaven accepted the Bimonthly Report for the Commission's information.
Frederick County Planning Commission
Minutes of March 4, 1998 Page 170
tWAB
COMMITTEE REPORTS
Development Review & ReEulations Subcommittee (DRRS) - 02/26/98 Mtg.
Mr. Lawrence reported that the DRRS is continuing their work on the woodlands preservation
issue.
Joint Frederick County -Stephens City Planning Committee - 02/24/98 Mtg.
Mr. Thomas reported that the Joint Committee discussed the process for boundary readjustment
and also a proposed groundwater protection ordinance for around the quarry to protect the water supply.
PUBLIC HEARINGS:
Rezoning #001-98 of Eastgate Commerce Center by Wrights Run, Limited Partnership, to rezone 82.1723
acres from RA (Rural Areas) to M1 (Light Industrial). This property is located on the south side of
Tasker Road (relocated Rt. 642) and is identified with P.I.N.s 76-A-53 and 87-A-17 in the Shawnee
Magisterial District.
Action - Recommended Approval with Comprehensive Proffer Statement Document & Map
Mr. Evan A. Wyatt, Deputy Planning Director, pointed out on a map display the Eastgate
Commerce Center properties, which are zoned M 1, B3, and B2, and explained that these properties are the result
of several rezonings which have occurred since 1991. Mr. Wyatt said that there are approximately 82 acres
remaining within the parent tract and this contains a five -acre tract in its center, which is owned by Mr. and Mrs.
See and is used for residential purposes. Mr. Wyatt noted that the five -acre tract is included within the rezoning
application.
Mr. Wyatt stated that there are two primary impacts associated with the proposed rezoning --one
is the transportation and traffic, and the second is the impact on emergency services. Mr. Wyatt stated that the
staff anticipates a 30% increase in total traffic in this total network area, which includes the Rt. 522 South and
Tasker Road area. He said that the Capital Facilities Impact Model demonstrated a negative fiscal impact to fire
and rescue services, but did not demonstrate a negative impact to schools or parks and recreation. Mr. Wyatt said
that the applicant has offered a proffer statement proposed to mitigate the negative impacts to the transportation
system, as well as fire and rescue services.
Mr. Wyatt said that staff feels the proposed application is consistent with the policies stated in
the Comprehensive Policy Plan; however, staff recommends that the applicant prepare a comprehensive proffer
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Minutes of March 4, 1998 Page 171
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statement document and map which depicts the entire acreage of the Eastgate Commerce Center and provides
a relational data description for each area that has been rezoned since 1991. Mr. Wyatt advised that this
information is necessary to ensure the tracking of the various proffers that have been approved since 1991. Mr.
Wyatt summarized by saying that the staff feels the applicant has adequately mitigated the proposed impacts
associated with this rezoning and the staff recommends anprovai of the application contingent upon receipt of
the comprehensive proffer statement document and map.
Mr. Charles W. Maddox, Jr. and Mr. Stephen M. Gyurism, both from G. W. Clifford &
Associates, Inc., the design engineering fuln, were present to represent this rezoning application. Mr. Gyurisin
said that they will provide the comprehensive proffer statement document and map requested by the staff. Mr.
Gymisin stated that when the B2, B3, and M1 zoning was originally applied to the Eastgate property, Route 642
was only in the design stage; and, in 1997, they adjusted the rezoning because Route 642 had been constructed.
He continued, stating that two industries, Jouan, Inc. and Special Made, located here and are situated on 40 acres
of the M 1 -zoned land. Mr. Gyurisin said that they are asking for additional M 1 land to add to their depleted
inventory.
Chairman DeHaven called for public comments and the following people came forward:
Ms. Bonnie Baker, resident across Route 522 from the Eastgate Center, was concerned about
the development that is occurring at this location. She inquired if the applicant was proposing a large distribution
center, such as the Family Dollar facility on Route 522 near Front Royal. She was also concerned about what
was proposed for the property between Route 522 and the area requested for rezoning, and what type of visual
road appeal would result. Ms. Baker also commented that the rezoning sign had been placed about two-tenths
of a mile off Route 522; so if residents in the area did not happen to drive on Tasker Road, they would probably
not be aware of the rezoning.
Mr. Robert Pownall, resident approximately two miles on the other side of Route 522, was
dismayed that Special Made had located so close to the road. Mr. Pownall was concerned about visual appeal
and preserving the view of the mountains and beauty of the area. He wondered if the applicant had an intensive
use planned for the area, since they were asking for the M1 zoning.
Ms. Georgia Rossner, area resident, was concerned about placing industrial uses in the middle
of residential uses. Ms. Rossner said that Mosby Station will now be sandwiched between two industrial areas
and the schools will be isolated on the other side.
A member of the Planning Commission asked how the traffic signalization is phased and what
warrants a signal. Mr. Gyurisin replied that the signalization of Routes 522 and 642 were proffered back in 1991
and again during the recent rezoning adjustment. He said that at the time, they essentially stated that within a
certain time of being notified by VDOT, the signal would be put in place by Eastgate. He said that the phasing
of the other signals, however, are dependent on the uses that come into the park itself. Mr. Gyurisin added that
VDOT uses a list of warrants to determine if a traffic signal is needed.
Commission members felt the rezoning was consistent with the Comprehensive Plan and that
the proffers submitted would mitigate negative impacts; and, upon motion made by Mr. Romine and seconded
by Mr. Thomas,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend
Frederick County Planning Commission
Minutes of March 4, 1998 Page 172
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approval of Rezoning Application #001-98 of Eastgate Commerce Center by Wright's Run Limited Partnership
to rezone 82.1723 acres from RA (Rural Areas) to Ml (Light Industrial) with the proffers submitted and
contingent upon receipt of the comprehensive proffer statement document and map as defined by the staff.
Rezoning Application #002-98 of Tasker Road and Warrior Road Commercial by Fred L. Glaize, II and
JASBO, Inc. to rezone 38.1979 acres from RP (Residential Performance) to B2 (Business General). This
property is in the Opequon Magisterial District and is located at the intersection of Tasker Road
(relocated Rt. 642) and proposed Warrior Road, and is located approximately 1,000' + west of the Tasker
Road/Warrior Road intersection, along the north side of Tasker Road.
Action - Recommended Approval with Proffers
Mr. Evan A. Wyatt, Deputy Planning Director, stated that the property consists of approximately
329 acres zoned RP and within this acreage, the applicant is requesting to rezone four portions, consisting of 38
acres, to 132 (Business General). Mr. Wyatt said that the property is within the County's Urban Development
Area (UDA) and Sewer and Water Service Area (SWSA) and all four portions have frontage along Tasker Road.
He reported that staff has identified two potential impacts: traffic and impacts to emergency services. Continuing
on, Mr. Wyatt summarized the proffers submitted by the applicant: 1) to prepare individualized traffic impact
studies for review by VDOT during the site plan process; 2) to construct road improvements as VDOT deems
them to be warranted; and, 3) submission of a monetary contribution for Stephens City Fire & Rescue, which is
consistent with the impact model run.
Mr. Wyatt pointed out that there is a significant amount of land within the proximity of this
acreage that is already developed as residential or planned for future residential; however, there are virtually no
commercial services available for these areas. Mr. Wyatt said that staff believes it is good planning to provide
these services within the proximity of residential areas to provide opportunities for access, employment, and
convenience, as well as to reduce the impacts to the overall transportation system; and, therefore, the staff
believes the 132 Zoning would be appropriate. Mr. Wyatt advised that based on compatibility with the existing
residential land use, staff feels that B 1 Zoning would be more appropriate for the smaller, 2'/2 acre parcel located
1,000' west of the Tasker Road/ Warrior Road intersection. He said that the floor to area ratio is less, the uses
are not as broad, and it would be more compatible with the existing residential area.
Mr. Charles W. Maddox, Jr. with G. W. Clifford & Associates, Inc., the design engineers for
this project, said that the area within and around the proposed Tasker and existing Rt. 642 intersection is a very
intense traffic area and not suitable for residential use. Mr. Maddox felt it was important to proceed with
changing the zoning before intense development occurs around the intersection; he said it would provide
convenience retail items reasonably close to people's homes and will assist in providing a solid tax base, creating
a more affordable life style.
Chairman DeHaven called for public comments and the following persons came forward:
Mr. David W. Williams, resident at Frederick Woods, brought the Commission's attention to
the intersection of Aylor Road and Route 642; he said the road descends towards the intersection and vehicles
traveling east towards the intersection are blinded by sunshine. In addition, Mr. Williams preferred that all the
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Minutes of March 4, 1998 Page 173
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commercial area be concentrated in one area, rather than having a smaller B2 portion isolated by itself near the
intersection. He said that this intersection is becoming increasingly congested and primarily consists of
residential traffic.
Mr. Lary C. Graham, resident on Macedonia Church Road, expressed concern that the adjoiner
notification letter identified the proposed rezoning as a single property consisting of 38 acres. He felt the
notification and the newspaper ad was misleading because it did not let everyone know that there were four
separate areas involved in the rezoning. Mr. Graham was also interested to know whether the applicant had
combined the undeveloped 2.9 acres in Mosby Station, Phase I, originally designated for eight residential units,
together with the proposed B2 area, in order to get a larger commercial property. Mr. Graham had additional
concerns about the traffic and the fact that the proposed commercial area was less than a quarter of a mile from
what, he believed, was the most dangerous intersection in Frederick County.
Mr. Ronald R Paul, resident at 214 Laurel Hill Drive in Wakeland Manor, was opposed to the
requested B2 rezoning. Mr. Paul felt the commercial zoning would have an adverse effect on his property and
the surrounding neighborhood. He said that the residents of Wakeland Manor, Frederick Woods, and Mosby
Station are opposed to rezoning to B2 and have submitted a petition with 236 signatures. Mr. Paul said these
area residents do not feel a commercial area is needed, nor do they want it. Mr. Paul said that area residents
objected to the increased traffic congestion and truck deliveries at all hours, which will be disruptive to the
neighborhood Mr. Paul continued, stating that the Jamesway Shopping Center, with its various retail services,
is no more than 2'/z miles from any of these housing developments.
Mr. Jack Lowe, resident of Frederick Woods, also addressed the smaller, 2V2 -acre portion
proposed for B2 zoning; he said the property is on a curve, the sight distance is very poor, and it is only a short
distance from a dangerous intersection. He said he sees quite a few automobile accidents there. Mr. Lowe asked
the Commission to let this area remain residential, and add 2'/z acres to the other larger proposed commercial area
further east on Tasker Road.
Mr. Robert Pownall, area resident, asked the Commission to consider locations in the area that
are already zoned for commercial, but remain vacant. Mr. Pownall said the Jamesway Plaza was conveniently
located to meet everyone's needs. He also preferred B 1 zoning, rather than B2 for the smaller, 2'/z -acre portion.
Mr. Barry Hockenbeny, resident of Wakeland Manor, echoed Mr. Paul's comments that the
majority of the residents feel that retail establishments are conveniently close by and they would prefer that the
character of the neighborhood remain residential.
Ms. Judy Whitmire, resident along Tasker Road, stated that six months ago, it was agreed that
tractor trailer traffic should be restricted along Tasker Road. She said that it is very dangerous from I-81 to the
intersection of Aylor Road and the roads are not designed for business traffic. Ms. Whitmire stressed that this
is a very populated area and she was very concerned about safety.
Ms. Georgia Rossiter was concerned that the decision to rezone the property had already been
made, no matter what the desires of the area residents.
Mr. Stephen Ritter, resident of Wakeland Manor, commented that he thought he was moving
to a rural area; he did not realize he was moving into a pre -planned master plan with hundreds of homes and
commercial areas. Mr. Ritter said that he works with the Stephens City Fire & Rescue Department and he
Frederick County Planning Conunission
Minutes of March 4, 1998 Page 174
WIM
believed this commercial area would create another problem intersection.
Questions from the Commission concerned the type of infrastructure planned to ease traffic flow
and protect pedestrians; whether the Sherando Bicycle Path would be extended this far north; and why the
applicant objected to the smaller, 2/2 -acre parcel being zoned BI rather than B2. Responding to the
Commission's questions, Mr. Maddox said that plans for the area include the widening of streets, installation of
curb and gutter, sidewalks, and buffering and screening. Mr. Maddox stated that they preferred to have the option
of some B2 uses for the smaller area because of the limitations of the residential setback to the rear, a road
efficiency setback on the front, and a single, commercial entrance onto Tasker Road. Mr. Wyatt added that the
bicycle path approved under ISTEA funding would not be extended this far north; however, there were plans to
make a bicycle path available along the future extension of Warrior Road.
The consensus of the Planning Commission was that the location proposed for B2 zoning was
appropriate and that a commercial area was needed at this location. The basis for this endorsement was the
location of the proposed B2 area at the intersection of two four -lane roads; and, that a commercial area here
would reduce the amount of vehicular traffic on Routes 647 and 277 traveling to nearby commercial areas.
Commission members commended the developer for having the foresight to plan and request the commercial
zoning before the surrounding residential area was developed. They believed that utilization of the County's
newly adopted "Design Standards" would help to create an attractive commercial development.
Commission members stressed the need to ensure that the commercial area was designed to be
"user-friendly," utilizing sidewalks/bike paths, curb and gutter, etc. at the master plan stage. It was pointed out
that some members of the public presumed that if the property was not rezoned to commercial, it would be
developed as single-family residential. Commissioners felt single-family use would be inappropriate; however,
apartments would more likely be placed there, if it wasn't commercial.
Concern was expressed about the Route 642/ Route 647 intersection and how dangerous it had
become because of increasing traffic. Mr. Harrington Smith, Shawnee District Representative on the Board of
Supervisors, stated that a traffic light is scheduled to be installed and operational on March 13.
A discussion next ensued on whether to limit the 2'/2 -acre parcel to B 1 Zoning. The Commission
concluded that the single commercial entrance of the site would limit the intensity of the use, as well as, the rear
residential setback and the road efficiency setback in the front. It was noted that the layout of the site would most
likely prohibit the establishment of the large, undesirable B2 operations.
Upon motion made by Mr. Thomas and seconded by Mr. Romine,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend the
approval of Rezoning Application #002-98 of Tasker Road and Warrior Road Commercial by Fred L. Glaize,
II and JASBO, Inc. to rezone 38.1979 total acres, identified with P.I.N.s 75-A-104, 75-A-105, and 75-A-117,
from RP (Residential Performance) to B2 (Business General) with the proffers submitted.
Upon motion made by Mr. Thomas and seconded by Mr. Ours, the Planning Commission
unanimously voted to make the petition submitted by Mr. Ronald R. Paul from the residents of Wakeland Manor,
Frederick Woods, and Mosby Station, a part of the permanent record.
Frederick County Planning Commission
Minutes of March 4, 1998 Page 175
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Rezoning Application X1003-98 of Briarwood Estates by Shiho, Inc. to rezone 50.53 acres from RA (Rural
Areas) to RP (Residential Performance). This property is located on the east side of Greenwood Road
(Rt. 656) between Valley Mill Road (Rt. 659) and Senseny Road (Rt. 657), and adjoins the existing
Briarwoods Estates subdivision and Carlisle Heights subdivision. The property is identified with.P.T_.N.s
55-A-18413 and 55 -A -184C in the Stonewall Magisterial District.
Action - Recommended Approval with Proffers
Mr. Evan A. Wyatt, Deputy Planning Director, pointed out that the primary impact will be traffic
and the approval of the rezoning will increase traffic on Greenwood Road by 32%, based on 1995 Secondary
Road Traffic Counts. He said that the results of the model run of the Capital Facilities Impact Model
demonstrated a negative fiscal impact to public schools, parks and recreation, and to fire and rescue services.
He noted that the applicant has submitted a proffer statement that provides for a general development plan, a
single-family detached housing type, a phasing plan that is tied into the Greenwood Road improvement project,
road improvements, and a monetary contribution to offset development impacts. Mr. Wyatt stated that this
proffer appears to mitigate the concerns by VDOT and adequately mitigates the negative fiscal impacts
demonstrated by the Capital Facilities Impact Model. In summary, Mr. Wyatt said that the rezoning would be
consistent with the Comprehensive Policy Plan and the improvements scheduled for Greenwood Road will assist
in the geometric deficiencies and pavement widths that exist.
Mr. Wyatt said that the only other outstanding issue remaining is the proposal to develop 35
additional residential lots prior to the completion of the improvements to Greenwood Road. He said that staff
believes this allowance will not significantly impact the transportation network over the short term; however, the
language in the proffer statement under "Greenwood Road Improvements" should be revised to avoid confusion
and should state, "35 lots" instead of"122 lots."
A discussion ensued on the appropriateness of the last sentence of the proffer statement under
the section, "Monetary Contribution to Offset the Impact of Development," where the developer states that the
$10,000 monetary contribution should be forwarded by Frederick County to the Greenwood Fire & Rescue
Company as soon as possible. Various opinions on the appropriateness of the wording were given by the
Commission's legal counsel, the staff, and Commission members. Chairman DeHaven believed this was a
technical issue and shouldn't hold up consideration of the rezoning. Staff members said that they would try to
have the issue clarified before the Board meeting.
Mr. Charles W. Maddox, Jr. with G. W. Clifford & Associates, Inc., the project design
engineers, summarized his plan for the two parcels proposed for rezoning.
Chairman DeHaven called for public comment and the following person came forward to speak:
Mr. Kieth Johnson, President of the Carlisle Estates Homeowners Association, said that the
board members of Carlisle Estates Homeowners Association have concerns about the traffic congestion on
Greenwood Road and they prefer not to have additional traffic on that road until after Greenwood Road is
completed. Mr. Johnson said that the 122 homes proposed to be constructed by the developer is a workable
compromise and they are in agreement to rephasing the two properties as one master plan. Another issue raised
by Mr. Johnson concerned the two rights-of-way that were designated to go from Carlisle Heights to other
properties. He said that the developer has proposed to utilize one right-of-way back in Section IV. He said that
Frederick County Planning Commission
Minutes of March 4, 1998 Page 176
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Carlisle Heights only has one entrance/exit; and, as a fire-fighter, he was concerned that if that entrance became
blocked, that another entrance/exit would be desirable. He said that the Board of Directors wondered what was
to become of the remaining right-of-way, who would be responsible for it, and how it would be utilized in the
future. Regarding the 30% possible increase in trips per day on Greenwood Road, Mr. Johnson inquired about
plans for signalization at Senseny and Greenwood Roads. Mr. Johnson applauded the developer for his intent
to delay construction on the additional lots until after Greenwood Road has been improved.
In response, Mr. Maddox said that most of the questions raised by Mr. Johnson will be answered
at the time of master development plan review, because of the various studies that will need to be done. He
added that VDOT is conducting a traffic signal warrants analysis for the Senseny and Greenwood Roads
intersection and he felt this was an obvious place for a traffic light.
Questions from the Commission regarded the anticipated plans for the remaining right-of-way
and the possibility that Greenwood Road would go to bid in 1999. In response to the right-of-way question, Mr.
Maddox said that he didn't feel a connection to Briarwood was necessary from a trip per day point of view. He
said that his intent was more involved with the interconnection of major streets. Mr. Maddox added that when
subdivisions are planned to be interconnected, it is often met with opposition by the residents of the existing
subdivision. In response to the Greenwood Road question, the staff said that VDOT has finally completed their
public hearing process and staff feels the projected bid date will probably occur.
Commissioners commended the developer for the compromise on the lot development, the
phasing, and also the proffer to the fire department. Commissioners asked that the staff examine the second
entrance cut issue. No other issues were raised by the Commission.
Upon motion made by Mr. Light and seconded by Mr. Miller,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend
approval of Rezoning Application #003-98 of Briarwood Estates by SHIHO, Inc. to rezone 50.53 acres from RA
(Rural Areas) to RP (Residential Performance) with the proffer statement.
DISCUSSION ITEMS
WARRIOR DRIVE REVENUE SHARING APPLICATION
Mr. Evan W. Wyatt, Deputy Planning Director, stated that Frederick County submitted a
Revenue Sharing Application for Warrior Drive during the 1997-1998 VDOT Fiscal Year which requested
assistance for improvements to the existing segment of Warrior Drive, as well as for the extension of Warrior
Drive from Fairfax Pike (Rt. 277) to Tasker Road (Rt. 642). He said that the Commonwealth Transportation
Board awarded $329,877 to Frederick County for the Warrior Drive project during the 1997-1998 Fiscal Year
and it is the intention of the Board of Supervisors to continue and apply for funds annually through this program
until necessary money is available to complete this phase of Warrior Drive. Mr. Wyatt presented the preliminary
draft of the 1998-1999 Warrior Drive Revenue Sharing Application. Mr. Wyatt said that it would be appropriate
for the Commission to endorse the application, if they feel it is appropriate.
Frederick County Planning Commission
Minutes of March 4, 1998 Page 177
Planning Commission members asked if the money granted was fiscal year constrained or if the
grant money would expire if it is not used after so many years; they questioned what would happen with any
leftover money; they also inquired if the value of land counted towards the County's contribution for right-of-way
acquisition, if land was proffered by a developer. Mr. Wyatt responded that grant money would not expire and
may be accumulated each year it is allocated; he said that if by chance there is leftover money, the State would
return the matching funds to the funding source and the County would be reimbursed for their share; he added
that VDOT is willing to do initial design work prior to the estimate of the money needed, which would give the
County a close estimate of what the cost will be. Mr. Wyatt further added that there is no "in-kind" match for
land dedication.
Commission members were in favor of supporting the revenue sharing application.
Upon motion made by Mr. Thomas and seconded by Mr. Romine,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously endorse
Frederick County's Revenue Sharing Program Application for Warrior Drive for VDOT's 1998-1999 Fiscal
Year.
WORK SESSION SCHEDULED WITH THE BOARD
Mr. Tierney, Planning Director, announced that there will be a work session with the Board of
Supervisors on March 11, 1998 at 5:30 p.m. in the Board Room to discuss the Route 81 Study.
ADJOURNMENT
No further business remained to be discussed and the meeting adjourned at 10:05 p.m. by
unanimous vote.
Respectfully submitted,
Kris C. Tierney, Secretary
Charles S. DeHaven, Chairman
Frederick County Planning Commission
Minutes of March 4, 1998 Page 178
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•
MEETING MINUTES
OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board Room of the the Frederick County Administration Building at 107 North Kent Street in
Winchester, Virginia on March 18, 1998.
PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; John R Marker, Vice-Chairman/Back
Creek District; John H. Light, Stonewall District; S. Blaine Wilson, Shawnee District; Robert A. Morris,
Shawnee District; Marjorie H. Copenhaver, Back Creek District; W. Wayne Miller, Gainesboro District; Roger
L. Thomas, Opequon District; George L. Romine, Citizen at Large; Robert M. Sager, Board Liaison; Vincent
DiBenedetto, Winchester City Liaison; and Jay Cook, Legal Counsel.
ABSENT: Terry Stone, Gainesboro District; Richard C. Ours, Opequon District;
STAFF PRESENT: Kris C. Tierney, Director; Eric R Lawrence, Zoning Administrator; and Renee' S. Arlotta,
Clerk.
CALL TO ORDER
Chairman DeHaven called the meeting to order at 7:00 p.m.
BIMONTHLY REPORT
There were questions regarding the overflow parking for the site plan for Fellowship Bible
Church and whether additional land was involved with that. No other issues were raised and the Chairman
accepted the Bimonthly Report for the Commission's information.
COMMITTEE REPORTS
Comprehensive Plans & Programs Subcommittee (CPPS) - 03/09/98 Mtg.
Mrs. Copenhaver reported that the CPPS discussed a request from Mr. Ritter to extend the
Frederick County Planning Commission
Minutes of March 18, 1998 Page 179
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Water and Sewer Service Area to his trailer park located adjacent to Sherando. She said that the general
consensus of the subcommittee was that nothing had changed from their recommendation of two years ago, but
they arc waiting for Mr. Ritter to present his request to the Parks & Recreation Commission. She said that he
has offered to donate some land to the Park. Mrs. Copenhaver added that the CPPS also began working on the
land use studies for the 522 South and Shady Elm Corridors.
Economic Development Commission
Mr. Romine said that there is concern about the loss of the glass plant and they are hoping it
does not have an effect on other prospects for this area.
Sanitation Authority (SA) - 03/17/98 Mtg.
Mrs. Copenhaver reported that due to Cardinal Glass not coming to this area, the SA will not
have to construct the water tower; therefore, the funds that were allocated are going to be used towards water and
sewer improvement projects that are needed throughout the County.
Winchester City Planning Commission - WPC
Mr. DiBenedetto, liaison member, said that the WPC approved a site plan that has opened up
additional discussions and issues concerning second entrances into high-density residential areas.
PUBLIC HEARINGS:
Possible Continuation or Revocation of Conditional Use Permit #012-97 of Michael M. Milam to operate
a landscaping and garden center business. The property is located at 2186 Northwestern Pike and is
identified with Property Identification Number 52-A-13 in the Gainesboro District.
Action - Recommended Approval with Conditions
Chairman DeHaven said that he would abstain from discussion and voting on this item, due to
a possible conflict of interest, and he turned the chair over to Vice Chairman Marker.
Mr. Eric R Lawrence, Zoning Administrator, stated that Conditional Use Permit #012-97 was
approved by the Board of Supervisors on October 7, 1997 for Michael M. Milam to operate a landscaping service
Frederick County Planning Commission
Minutes of March 18, 1998 Page 180
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and a retail/wholesale business at 2186 Northwestern Pike with the following conditions: 1) All review agency
comments must be complied with at all times; 2) A minor site plan shall be approved by the County; 3) A
commercial entrance meeting VDOT requirements shall be constructed and approved within 60 days of the CUP
approval; 4) Health Department approval of a sewage disposal system shall be obtained within 60 days of the
CUP approval; and, 5) Any signs for the business must be as permitted by the zoning ordinance.
Mr. Lawrence said that to date, a number of these conditions have not been satisfied and the
CUP is being presented to the Commission for its continuation or revocation. Mr. Lawrence reviewed with the
Commission the items that have not been satisfied, which include the VDOT entrance requirements, the
submission of a minor site plan, and the placement of a legal sign. He continued, stating that the staff has mailed
a number of letters to Mr. Milam addressing the CUP requirements and a second deadline of February 20, 1998
was established He said that the Planning Office received a letter from Mr. Milani on February 9, 1998 stating
his intention of satisfying the CUP requirements by April, 1998; however, Mr. Milani continues to operate his
business illegally without pursuing the necessary requirements from VDOT or the services of an engineering firm
to do a site plan.
Mr. Michael M. Milani, the owner of Michael Milam's Landscape and Garden Center, admitted
that he has not complied with the requirements imposed by the CUP. He explained that at the time the permit
was approved, the requirements did not seem to be a problem; however, afterwards he learned that $13,000-
$14,000 is required for a commercial entrance/street connection and approximately $2,000 to $4,000 is needed
for a minor site plan. Mr. Milam explained that his finances were low because of the winter slow period and the
money he had set aside for the entrance and site plan was used to pay other expenses. Mr. Milani said that at this
time, he has the money available to do the necessary work and he intends to comply with the requirements. Mr.
Milani presented a letter from Painter -Lewis stating that a site plan would be submitted to the County for review
by March 25, 1998. Mr. Milani said that the commercial entrance is pending the approved site plan from Mr.
Painter, however, he has retained Carroll Construction for the work and he presented a letter to this effect.
Commission members asked Mr. Milani if he had obtained a permit for the illegal sign that
exists on the property and whether or not he had obtained a business license. Mr. Milani said that he had reduced
the size of the sign to meet requirements and a sign permit application has been submitted for approval; he stated
that he is working with the Real Estate Office and hopes to have this year's license paid for soon.
Upon considering the time frame for possible completion, the Commission did not feel that a
commercial entrance could be completed until July. There was discussion on whether the operation could legally
proceed as an agricultural use until July, without retail sales; however, it was pointed out that even without retail
sales, there would still be landscape crews going in and out of the site. Commission members felt it was very
difficult to support further extension of the CUP while waiting for the requirements to take place, especially when
other similar businesses throughout the County had complied with requirements. However, the Commission did
not want to place Mr. Milani out of business, especially since he seemed to be making a good faith effort to
comply.
There were no public comments.
Mr. Miller moved to allow the permit to remain as is with the following additional stipulations:
1) that the existing sign will be covered until such time as everything has been prepared for the business to open;
2) there will be no sales from the location; 3) all other conditions as stated by staff will be complied with. This
motion was seconded by Mr. Romine.
Frederick County Planning Commission
Minutes of March 18, 1998 Page 181
-4 -
Mr. Milam remarked that his sign was not in violation as of this time because he had reduced
the square footage to meet ordinance requirements. Mr. Milam said that he was told that if his CUP was not
revoked, that his sign permit would be approved.
The Commission preferred not to revisit this CUP. On those grounds, members of the
Commission requested that should Mr. Milam fail to satisfy the requirements issued in October, in addition to
those outlined above by July 15, 1998, then the CUP should automatically be revoked.
Mr. Miller then restated his motion that the CUP be allowed to remain as is with the following
additional conditions/stipulations to be completed no later than July 15, 1998: 1) the sign will be removed or
covered until the business is ready to open; and, 2) all requirements of the CUP be satisfied to the satisfaction
of the staff before the operation is open for business for any retail sales from this location. Mr. Romine restated
his second to the motion and it was unanimously passed.
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend that
CUP #012-97 of Michael M. Milam to operate a landscaping and garden center business be allowed to remain
as is with the original conditions approved in October of 1997 and the additional conditions/stipulations to be
completed no later than July 15, 1998: 1) the sign will be removed or covered until the business is ready to open;
and, 2) all requirements of the CUP will be satisfied to the satisfaction of the staff before the operation is open
for business for any retail sales from this location.
(NOTE: Mr. DeHaven abstained from vote. Mr. Stone and Mr. Ours were absent from the meeting.)
Subdivision Application #005-98 of Signal Station Associates by Mr. Forrest Brown for the subdivision
of a three -acre tract, zoned B2, into two lots. This property is located at the existing Signal Station
shopping center, two miles from the Winchester Medical Center on the south side of Northwestern Pike
(Route 50 West), and is identified with P.I.N. 52 -A -92B in the Back Creek Magisterial District.
Action - Recommended Approval
Mr. Eric R. Lawrence, Zoning Administrator, stated that this subdivision is before the
Commission for review and approval because it does not have an approved master development plan. The
proposal is to subdivide a three -acre parcel into one 2.1502 -acre tract and one .9263 -acre tract. He said that no
issues of concern were raised by any of the reviewing agencies and there is adequate distance on Northwestern
Pike (Route 50 West) to accommodate a second entrance for the second parcel that would be created. Mr.
Lawrence believed the request was in compliance with the zoning and subdivision ordinance.
Members of the Commission inquired what effects the pending design standards would have on
this particular subdivision, if the standards were currently in effect. Mr. Lawrence replied that there would not
be an effect on the actual subdivision; however, the standards, such as greater setbacks, would come into play
at the site plan stage.
Ms. Millie Murphy Brown, representing Signal Station, was present to answer questions from
the Commission.
Frederick County Planning Commission
Minutes of March 18, 1998 Page 182
-5 -
There were no public comments.
No issues of concern were raised by the Planning Commission.
Upon motion made by Mr. Marker and seconded by Mr. Miller,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend
approval of Subdivision Application #005-98 of Signal Station Associates by Forrest Brown for the subdivision
of a three -acre tract into two lots consisting of a 2.1502 -acre parcel and a.9263 -acre parcel.
DISCUSSION ITEMS
RETREAT SUMMARY - Setting Priorities for 1998 and for the Draft 1998-1999 Work Program
Mr. Kris C. Tierney, Planning Director, thanked Commissioners for their attendance at the 1998
Planning Commission Retreat. He said that in response to a survey that was circulated at the retreat, staff has
ranked work projects for the coming year and Mr. Tierney presented and reviewed that list for the Commission.
PLANNING DEPARTMENT POSITIONS FILLED - Promotion of Eric R Lawrence to Zoning
Administrator and Vacant Planner I Position Filled
Mr. Tierney announced that Mr. Eric R Lawrence was promoted to the position of Zoning
Administrator. He said that the promotion occurred after that position was left vacant by Mr. Wayne W. Miller's
retirement. Mr. Tierney added that interviews were held for the vacated Planning position and an offer has been
made. He stated that, hopefully, there will be another planner on board in the coming weeks and this should help
in terms of productivity of the staff.
ADJOURNMENT
No further business remained to be discussed and the meeting adjourned at 7:50 p.m. by
unanimous vote.
Respectfully submitted,
Kris C. Tierney, Secretary
Charles S. DeHaven, Chairman
Frederick County Planning Commission
Minutes of March 18, 1998 Page 183
BIMONTHLY REPORT OF PENDING APPLICATIONS
(printed April 3, 1998)
>' Application
newly submitted.
tted
.
REZONING:
Borderline, L.L.C. (Broadway
Electric Co.) (REZ #006-98)
Shawnee
2.67 ac. from RP to M1
Location:
A' rt Rd. (Rt. 645); 0.5 mi. East of Rt. 522
Submitted:
03/11/98
PC Review:
04/01/98 - recommended approval w/ proffers
BOS Review:
04/22/98
Linwood & Elizabeth Ritter
(REZ #005-98)
Opequon
8.264 ac. from RA to RP
Location:
West side of Double Church Rd. (Rt. 64 1) about 0.6 mi. So. of
Fairfax Pk (Rt. 277); east of Stephens City
Submitted:
03/06/98
PC Review:
04/01/98 - recommended approval w/ proffers
BOS Review:
04/22/98
Central Coca-Cola Bottling Co.
(Rez #004-98)
Back Creek
63.5052 ac. from RA to M1
Location:
West of the Shady Elm Rd. (Rt. 65 1) & Apple Valley Rd. (Rt. 652)
intersection
Submitted:
03/06/98
PC Review:
04/01/98 - recommended approval w/ proffers
BOS Review:
04/22/98
Briarwood Estates (REZ #003-98)
Stonewall
50.53 ac. from RA to RP for 143
single-family homes
Location:
East side of Greenwood Rd. (Rt. 652) betwu Valley Mill Rd. (Rt.
659) & Senseny Rd. (Rt. 657); adjoins existing Briarwood Est. &
Carlisle Heights.
Submitted:
02/10/98
PC Review:
03/04/98 - recommended approval w/ proffers
BOS Review:
04/08/98
Tasker Rd. & Warrior Rd.
Commercial (REZ #002-98)
Opequon
1
38.1979 acres from RP to B2 for retail
1 use
Location:
Intersection of relocated Tasker Rd. (Rt. 642) & proposed Warrior
Rd. & approx. 1,000' west of the Tasker & Warrior Rd intersection,
along the north side of Tasker Rd.
Submitted:
02/10/98
PC Review:
03/04/98 - recommended approval w/ proffers
BOS Review:
04/08/98
Eastgate Commerce Center
(REZ #001-98)
Shawnee
82.1237 acres from RA to M1 for
1 industrial use
Location:
South of relocated Tasker Dr. (Rt. 642) & west of Front Royal Pk.
(Rt. 522 So.)
Submitted:
02/06/98
PC Review:
03/04/98 - recommended approval w/ proffers
BOS Review:
04/08/98
MASTER DEVELOPMENT PLANS:
SUBDIVISIONS:
Location: Intersection of Shady Elm Rd. (Rt. 651) & Industrial Dr. (Rt. 880)
Submitted: 03/25/98
MDP #003-87 `` BOS Approved MDP 07/18/87; MDP Admin. Approved 05/18/88
Subd. Admin. Approved: 1 03/25/98
Woodside Estates, Sect. II
(SUB #006-98)
Opequon
Subdivision of 33.3123 ac. For 78 s.f.
detached cluster lots (RP)
Location:
Adjacent to Woodside I; So. of Rt. 277 on Rt. 641
Submitted:
03/04/98
MDP #007-%
MDP approved by BOS 12/11/96; MDP admin. approved 01/24/97
Subd. Admin. Approved:
03/04/98
Senseny Glen, Sect. III
(SUB #006-98)
Shawnee
Subdivision of 25.572 ac. For 71 s.f.
detached urban lots (RP)
Location:
Adjacent to Apple Ridge, on Senseny Rd.
Submitted:
03/04/98
MDP #002-91
MDP approved by BOS 05/22/91; MDP admin. approved 06/20/91
Subd. Admin. Approved:
Pending
K
Signal Station Associates
(SUB #005-98) NO MDP
Back Creek
2 Lot Subdivision: Lot IA - 0.9263 ac.
I Lot 1B - 2.1502 ac. (132)
Location:
Rt. 50 W.; two miles from Winchester hospital
Submitted:
02/ IV/YO
PC Review:
03/18/98 - recommended approval
BOS Review:
04/08/98 - tentatively scheduled
Subd. Admin. Approved:
Pending
Mark & Rachelle Repine
(SUB #00498) NO MDP
Shawnee
Subdivision of 1.3719 ac. into 3 s.f. lots
(RP)
Location:
Heritage Hills Subd.; along the eastern portion of Idlewood Drive
Submitted:
01/26/98
PC Review:
02/18/98 - recommended approval
BOS Review:
03/11/98 -approved
Admin. A roved:
Pending
Woodbrook Village (SUB#016-97)
Back Creek
81 multi- lex lots on 19.56 ac. (RP)
Location:
So. side of Opeguon Church Lane (Rt. 706)
Submitted:
12/02/97
MDP #00497:
MDP approved by BOS 09/24/97; Admin. approved 12/10/97
Subd. Admin. Approved:
Pending
Wythe Ave. Ext. (SUB #015-97)
No MDP
Opequon
4 S.F. lots on 1.4065 ac. (RP)
Location:
End of existing Wythe Ave. in Stephens City
-7771
Submitted:
11/20/97
PC Review:
02/18/98 - rec. approval w/ no entrances onto Caroline Ave.
BOS Review:
03/11/98 - approved; back to BOS for clarification 03/25/98;
03/25/98 - approved w/Lot 4 access to Caroline Ave.; Lots 1, 2, 3
will access Wythe Ave.
Admin. Approved:
Pending
Chapel Hill Subdivision
(SUB #014-97)
awnee
FEast
34 S.F. Det. Urban Lots on 14.4214
acres (RP)
Location:
side of Rt. 522, 0.15 mi. south of Lon croft Rd. (Rt. 785)
Submitted:
10/30/97
MDP #006-%:
Approved by BOS 08/14/96; Admin. Approved on 09/17/96
Subd. Admin. Approved:
Pending
Dr. Raymond L. Fish
(SUB #012-97)
Stonewall
Subdivision of one lot (1.4962 ac.) (132)
off a 16.00 ac. parent tract (B2 & B3)
Location:
Hopewell Rd. & new proposed street, Clearbrook Ln; 160' NW of
existing Winchester & Western 60' right-of-way
Submitted:
10/09/97
MDP #005-95:
Approved by BOS on 01/24/96; Admin. Approved on 07/15/96
Subd. Admin. A raved:
Lending
Briarwood Estates (SUB #011-97)
Stonewall
Subdivision of 9.79 acres for 20 S.F.
Det. Traditional Lots (RP)
Location:
East side of Greenwood Rd. (Rt. 656)
Submitted:
09/26/97 (Replaces Subdiv. #001-94)
MDP #005-93
Approved by BOS on 12/8/93
Subd. Admin. Approved:
Pending
Star Fort, Sect. II (SUB #010-97)
Stonewall
Subdivision of 11.6182 ac. for 26 s.f.
detached traditional lots
Location:
U.S. Rt. 522 and VA Rt. 832
Submitted:
09/16/97
MDP #004-94
Approved by BOS 09/14/94; Admin. Approved 04/10/95
Subd. Admin. Approved:
Pending
Lenoir City Co. Lot 2; Stonewall
Indust. Pk. (SUB #007-97)
Gainesboro
Subdivision of a 2.6584 ac. lot (MI)
Location:
McGhee Rd. (Rt. 861); approx. 1,000' from Tyson Dr. intersection
Submitted:
0 7 /2 08 / 9 7
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.
(RP)
Location:
So. west comer 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. Aroved:
Pending
Lenoir City Co. of Virginia
(SUB #003-97)
Gainesboro
1 M1 Lot (2.000 acres)
Location:
Stonewall Industrial Pk.; McGhee Rd. (Rt. 861), approx. 700' west
of the McGhee Rd. and Tyson Dr. intersection.
Submitted:
05/15/97
MDP #006-93:
Approved by BOS 07/14/93; Admin. Approved 07/28/93
Admin. Approved:
Pending
Winc-Fred Co. IDC (SUB)
2 MI Lots (0.552 acres & 20.285 acres)
Location:
e of Development Lane
Submitted:
Eroved
MDP #003-87:
BOS 07/08/87; Admin. A roved 06/08/88
Pending Admin. A roval
ed plats.
RT&T Partnership (SUB)
ek
1 Lot - 29.6 Acres (B2)
Location:
e (Rt. 11 So.)
Submitted:
rAwa
MDP #003-91
b BOS 07/10/91; Admin. Approved 09/03/91
Pending Admin. Approval:
ubmission of signed plat &deed of dedication
Abrams Point, Phase I (SUB)
Shawnee
230 SF Cluster & Urban Lots (RP)
Location:
South side of Rt. 659
Submitted:
05/02/90
PC Review:
06/06/90 - recommended approval
BOS Review:
06/13/90 - a roved
Pending Admin. Approval:
Awaiting deed of dedication, letter of credit, and si ed lat
Harry Stimpson (SUB)
Opeguon
Two B2 Lots
Location:
Town Run Lane
Submitted:
09/23/94
PC Review:
10/19/94 - recommended approval
BOS Review:
10/26/94 - a roved
Pending Admin. Approval:
Awaiting signed plat.
SITE PLANS:
Location: 812 North Kent Street
Submitted: 03/30/98
Location: 4530 Northwestem Pike
Submitted: 03/25/98
Location: Lot31, Stonewall Industrial Park
Submitted: 03/26/98
Location: 11 Lakeview Circle, Lot 4, Stonewall Industrial Park
Submitted: 11 03/26/98
8
Woodbrook Village (SP #018-98)
Back Creek (RP)
81 multi-plex lots on 19.5938 ac. of a
34.40072 ac. site for retirement comm.
Location:
Opeguon Lane (at Kemstown)
Submitted:
03/09/48
Approved:
Pending
Costco Warehouse (Revised)
(SP #017-98
Shawnee
Gas pump & canopy addition; 0.8 ac.
disturbed on 13.0 ac. site (B2)
Location:
251 Front Royal Pike
Submitted:
03/11/98
Approved:
Pending
Rodeway Inn (SP #016-98)
Stonewall (B2)
31' X 31' cavo & a sidewalk canopy
Location:
No. West corner of the Rt. 38/I-81 intersection
Submitted:
03/09/98
Approved:
03/24/98
Bandit Karts II (SP #015-98)
Iof
Shawnee
5,000 s.f. 1 -story metal bldg; 0.60 ac.
1.00 parcel to be developed (MI)
Location:
VictoryLane
Submitted:
03/09/98
Approved:
Pending
Fairview Luthren Church Addit.
(SP #014-98)
Gainesboro
1,120 s.f. addition to ex. church; total
acreage ofparcel: 2.43 ac. (RA)
Location: _
555 Fairview Rd., Gore
Submitted:
03/09/98
Approved:
Pending
Fellowship Bible Church
(SP ;1013-98)
Back Creek
overflow parking - 111 additional
standard & 5 addit. handicap. (RA)
Location:
Intersection of Middle Rd. & Apple Valley Rd.
Submitted:
03/02/98
Approved:
Pending
Northwestern Workshop
(SP /1012-98)
Stonewall
1
6,000 s.f. addit. to existing bldg. for
1 mfg. use on 6.072 ac. site (Ml)
Location:
828 Smithfield Avenue
Submitted:
02/24/98
Approved:
pending
All Points Warehousing East
(SP #011-98)
Stonewall
Mini -storage on 3.035 ac. (Ml)
Location:
209 Cole Lane
Submitted:
02/18/98
Approved:
Pending
Autumn Wind Apts. (SP //010-98)
Gainesboro
Garden apartments on 7.3 ac. of a
19.06 ac. tract (RP/B2)
Location:
Rt. 522N., 0.8+ mi. southeast of Rt. 37, behind Adelphia Cable Co.
Submitted:
02/02/98
Approved:
Pending
Furlong's Sheet Metal
(SP #009-98)
Stonewall
1,944 sq.ft. bldg. addit. for air condi-
ioning sales/service; 0.5830 ac. site (B2)
Location:
776 Baker Lane
Submitted:
02/10/98
Approved:
Pending
10
Fleet Maintenance (SP #008-98)
Gainesboro
Commercial bldg. additions on 0.5 ac.
of a 4.8333 ac. site (MI)
Location:
Stonewall Indiistrial Park• 25Q Tyson DriVe
Submitted:
02/10/98
Approved:
03/30/98
White Properties at Eastgate
Commerce Cntr. (SP #007-98)
Shawnee
Warehousing (self -storage) on 5 acres
(133)
Location:
Comer of proposed Rainville Rd. & Tasker Dr. (Rt. 642)
Submitted:
02/02/98
Approved:
Pending
Westminster -Canterbury
(SP 006-98)
Gainesboro
48 -unit assisted living facility; 1.6 ac.
disturbed on a 49.35 ac. parcel (RP)
Location:
300 Westminster Drive
Submitted:
01/29/98
Approved:
Pending
DMK Properties (SP #005-98)
Shawnee District
15,135 s.f. office bldg. on 4.0 acres for
general office use (MI)
Location:
Location:
Independence Drive; Lot 6, Westview Business Center
Submitted:
01/13/98
Approved:
Pending
Pack It Inn Mini Storage
Warehouse (SP #004-98)
Stonewall
Self -Storage facility; 3 ac. disturbed on
a 3.1083 ac. site (MI)
Location:
Baker Lane Industrial Park, Lot 13
Submitted:
01/09/98
Approved:
Pending
11
Insulated Bldg. Systems
(SP #003-98) 1
Stonewall
50' X 100' lean-to addition to existing
1 facility (MI)
Location: _7326
McGhee Road
Submitted:
01/09/98
Approved:
03/31/98
Valley Biomedical Prod. & Serv.
(SP #002-98)
Back Creek
Office & Processing Facility; 2.0 ac.
1 disturbed on 3.204 ac. site (MI)
Location:
110-A Industrial Drive
Submitted:
01/05/98
Approved:
Pending
Southeast Container (SP #001-98)
Stonewall District
Parking Lot; 0.2 ac. Disturbed on a
89.6 ac. Site (MI)
Location:
Ft. Collier Industrial Park
Submitted:
01/06/98
Approved:
Pending
Valley Cycle Center (SP #033-97)
Shawnee
4,272 sq ft Veterinary Office on 1.4962
ac. parcel (112)
16,000 s.f. bldg. for retail sales; 2 ac.
disturbed on a 2.0579 ac. site (132)
Location:
Westview Business Center; Lot A; Approx. 2 miles east of I-81 on
Rt. 50 at Independence Drive
Submitted:
09/23/97
Pendin
Approved:
Pending
Dr. Fairman Veterinary Office
(SP #029-97)
Stonewall
4,272 sq ft Veterinary Office on 1.4962
ac. parcel (112)
Location:
1092 Hopewell Road
Submitted:
07/25/97
Approved:
Pendin
12
Mobil-Wendys Rt. 50W Conven.
Center (SP #026-97)
Back Creek
Gas-Conven. Cntr.; 3,783 sq ft floor
area; 1.072 ac. site disturbed (RA)
Location:
Rt. 50 West
Submitted:
07/23/97
Approved:
Pending
Ellis Self -Storage (SP #024-97)
Stonewall
3 additional self -storage bldgs; 9.211
ac. parcel disturbed; (Ml)
Location:
Intersection of Routes 761 & 664
Submitted:
07/03/97
Approved:
Pending
Agape Christian Fellowship
Church Sanctuary (SP #005-97)
Shawnee
Church Expansion; 2.5 ac. to be
developed of a 29.5115 ac. site (RA)
Location:
East side of Rt. 642; a rox. 2,500' so. of the Rt. 37/I-81 Interch .
Submitted:
02/ 12/97
Approved:
Approved:
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
Stimpson/Rt. 277 Oil & Lube
Service (SP #030-96)
Opequon
Lube Serv., Car Wash, Drive -
FThr&uon2.97 ac. (B2)
Location:
152 Fairfax Pk. (behind Red Apple Country Store)
Submitted:
07/03/96
Approved:
Pending
13
AMOCO/House of Gifts (SP
#022-96)
Gainesboro
Gas Pump Canopy 880 sq. ft. area of a
1 0.916 acre parcel (RA)
Location:
3548 North Frederick Pike
Submitted:
05/08/96
Approved:
Pending
American Legion Post #021
(SP #018-96)
Stonewall
Addition to lodge building on 3.4255
acre site (132)
Location:
1730 Berryville Pike
Submitted:
04/10/96
Approved:
Pending
D.K. Erectors & Maintenance,
Inc. (SP #051-95)
Gainesboro
Indust Sery/Steel Fabrication on a 10 -
acre site (M2)
Location:
4530 Northwestern Pike
Submitted:
12/28/95
Approved:
Pending
Wheatlands Wastewater Facility
(SP #047-89)
Opequon
Treatment Facility on 5 Acres (R5)
Location:
So. West of Double Tollgate; ad'. & west of Rt. 522
Submitted:
09/12/89
Note:
Being held at applicant's request.
Flex Tech (SP #057-90)
Stonewall
I M1 Use on 11 Ac. (MI)
Location:
East side of Ft. Collier Rd.
Submitted:
10/25/90
Note:
Being held at applicant's request.
14
CONDITIONAL USE PERMITS
Denise McClearen (CUP #001-98)Opequon
Shawnee
2 s.f. off -premise business sign for cot-
ta a occup./pet grooming business (RA)
Location:
4784 Front Royal Pike
Submitted:
02/24/98
PC Review:
04/01/98 - recommended approval
BOS Review:
04/22/98 11
Shenandoah Mobile Co./ Parkins
Mills (CUP #02497)
Shawnee
commercial telecommunications
facilities (RA)
Location:
Knight Drive (private gravel
road), off Rt. 642
Submitted:
12/12/97
BOS Review:
PC Review:
01/07/98 - recommended approval of monopole tower w/ conditions
and waiver of setbacks
BOS Review:
01/28/98 - Tabled until
04/08/98; Reviewed on 03/11/98
Shenandoah Mobile Co./
Sherando (CUP #023-97)
Opequon commercial telecommunications
facilities (RA)
Location:
0.25 mi, off Rt. 636, 0.4 mi. from Rt. 636/277 intersection
Submitted:
12/12/97
PC Review:
01/07/98 - recommended approval of monopole tower w/ conditions
BOS Review:
01/28/98 - Tabled until 04/08/98; Reviewed on 03/11/98
Shenandoah Mobile Co./ Hunting
Ridge (CUP #022-97)
Back Creek
commercial telecommunications
facilities (RA)
Location:
0.5 mi. on Turtle Meadow Drive from Rt. 616
Submitted:
12/12/97
PC Review:
01/07/98 - recommended approval of lattice tower w/ conditions
BOS Review:
01/28/98 - Tabled until 04/08/98; Reviewed on 03/11/98
15
Shenandoah Mobile Co./ Little
Timber Ridge (CUP #021-97)
Back Creek
commercial telecommunications
1 facilities (RA)
Location:
0.38 miles off of Rt. 610
Submitted:
12/12/97
PC Review:
01/07/98 - recommended approval of monopole tower (Option #1) w/
conditions
BOS Review:
01/28/98 - Tabled until 04/08/98; Reviewed on 03/11/98
Shenandoah Mobile Co./ Bowling
Green Ride (CUP #020-97)
Gainesboro
commercial telecommunications
1 facilities (RA)
Location: 771,
0.13 miles off Rt. 688
Submitted:
12/12/97
PC Review:
01/07/98 - recommended approval of monopole tower w/ conditions
BOS Review:
01/28/98 - Tabled until 04/08/98; Reviewed on 03/11/98
T. P. & Susan Goodman
Stonewall
Social Center, Outdoor Recreation
(CUP #010-97)
Center, Catered Functions, Tours,
Meetings, Etc. (RA)
Location:
534 Redbud Road
Submitted:
06/09/97
PC Review:
09/03/97 - recommended approval with conditions
BOS Review:
10/07/97 tabled until 11/12/97; 11/12/97 - temporary approval until
12/31/97; subject to renewal and/or disposition on 01/14/98;
01/14/98 - tabled for 60 days to 03/11/98; 03/11/98 - tabled until
04/08/98
VARIANCES:
16
PC REVIEW DATE: 04-15-98
BOS REVIEW DATE. 05-13-97
MASTER DEVELOPMENT PLAN #001-98
ZEIGLER PROPERTY
`YY1
LOCATION: The property is located at the intersection of Vatlley lre
Spring Road (Route 668). (Route 11 S.) and Branson
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER: 33 -A -105B
PROPERTY ZONING & PRESENT USE: Zoned Ml (Light Industrial); Present use: Vacant
ADJOINING PROPERTY ZONING & PRESENT USE:
North -
Zoned:
M1
Use:
Vacant, Commercial & Industrial
South -
Zoned:
RA
Use:
Agricultural
East -
Zoned:
RA
Use:
Agricultural
West -
Zoned:
RA
Use:
Residential
PROPOSED USE: Manufacturing and Office Space
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: No objection to the preliminary master plan. Before
making any final comments, this office will require a complete set of site plans, drainage
calculations and traffic flow data from the I.T.E. Trip Generation Manual Fifth Edition for
review. Prior to construction on the State rights-of-way, the developer will need to apply to
this office for issuance of appropriate permits to cover said work.
Sanitation Authoritv: See attached letter dated March 4, 1998.
Commonwealth of Virginia Dept. of Health Office of Water Programs: See attached
letter dated Decemher 23, 1997.
Inspections Dept.: No comments.
Zeigler Property MDP #001-98
Page 2
April 3, 1998
Fire Marshal: No comments.
Countv Engineer: See attached letter dated March 13, 1998.
Planning and Zonin
Proiect Scooe
The proposed Ziegler master development plan comprises three parcels that will be developed
for manufacturing and office uses. The property is abutted by Route 11 to the west and Route
668, Branson Spring Road, to the south. Access to the development will be through four
individual entrances, two from Route 11 and two from Route 668. Proposed lot one is where
Ziegler Mechanical will be constructing their storage, manufacturing, and office facility. This
lot will have an entrance onto both roads. Proposed lots two and three will each have one
individual entrance. This Master Plan proposes no new road connections.
Project History
This property has been zoned M1 (light industrial) for a considerable length of time. Zoning
amendment numbers 28, 35, and 62 amended the original zoning to M1 from A2 in 1970 and
1971.
Issues
1. Health Issues
The Health Department has raised a concern regarding the number of approved sewage
disposal systems. To address this concern, staff would recommend that his property be
developed in two phases. Phase one should ccur immediate) to ac mmodate the propos d
Ziegler Facility on lot one. Thisof hasan approvedarea fora sewage disposal system. as
two, for the development of lots two and three, should only occur at such time that the He h
epartment has approve a sewage spos system or the lot being developed. Furthermore,
subdivision of this property should only occur after the Health Department has given their
approval of additional sewage disposal systems.
2. Buffers
The property across Route 668 to the south is zoned RA and not used primarily for residential
purposes. Therefore, the "C" category zoning district buffer shown would be unnecessary.
The "C" category zoning district buffer along Route 11 is correct as the property to the west
is used primarily for residential purposes. Along the front of lot two of the Ziegler property,
adjacent to Route 11, is a significant number of mature evergreen trees. Staff would
recommend that these trees are preserved to perform the function of the landscape portion
Zeigler Property MDP #001-98
Page 3
April 3, 1998
3. Transportation
The preliminary Master Plan shows that the applicant is dedicating additional right-of-way
along both Route 11 and Route 668. The amount provided is consistent with the amount
requested by VDOT to accommodate potential future development on this site.
STAFF RECOMMENDATION FOR 04-15-98 PLANNING COMMISSION_ MEETING:
Staff recommends approval of the proposed Master Development Plan. 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.
O: WGENDASICOMMENTSIZEIGLER.MDP
Lord Fairfax Environmental Health District
107 N. Kent St.
t P O. Box 2056
Winchester, Virginia 22604 colnev
(540) 722-3480 FAX (540) 722-3479
Counties of Clarke, Frederick, Page, Shenandoah, Warren, and City of Winchesier
March 4, 1998
RE: Request for comments `rr
Master Development Plan
Zeigler property- TM # 33 -A -105 c
Zeigler Mechanical/Electrical Contractors, Inc.
156 Cole Lane
Winchester, VA 22603
Dear sirs,
I have reviewed your master development plan application package as submitted to this office.
Considering all documents for this property that the health department presently has on file AND
all site and soil evaluations completed to date, I am listing below comments in relation to this
project:
1) Lot 1 does have an approved area for a sewage disposal system per your design proposal as
listed in your initial application. The area is approved for a low pressure distribution system.
Before this office can issue a construction permit for this type of system, we must first receive and
approve plans and specifications for the design of the system. As of this date, we have not
received these required plans, therefore any approvals for this lot are on a preliminary basis.
2) Due to the proposed use at your complex, the approval and permitting of the water supply
does not fall under the jurisdiction of the local health department, therefore this office cannot
comment on the proposed well at this site.
3) Lot 2 and Lot 3 have been created under the assumption that a site for a sewage disposal
system will be approved by the health department. It is my understanding that sewage disposal
sites for these lots have been located by a professional soil scientist and are shown on the master
plan and described as PROPOSED DRAINFIELD (TENTATIVE). The health department has
not evaluated nor approved these sites, therefore as far as the health department is concerned
these sites DO NOT even exist. With this in mind we are NOT in favor of the creation of lots 2 &
3 until at such time it is shown that each lot will have a suitable area for sewage disposal.
Page 2
March 4, 1998
Master Development Plan Review
As of this date, the health department views this parcel as 1 lot consisting of 25.185 acres that has
preliminary approval for 1 sewage disposal system. I also wanted to bring to your attention that
the soils in this area tend to consist of heavy clays and there is also an abundance of shallow
limestone bedrock. With this in mind, it is possible that the sites as proposed by your soil
consultant may not be approvable or may require some type of alternative method of treatment
and disposal. Also, many of our alternatives are not applicable to commercial or industrial
situations.
I hope these comments help in your process of the master development plan review. If you have
any questions, please call at any time.
Sincerely,
KaJ /--.,-z
Karl E. Evans
Environmental Health Supervisor
PC:
Frederick County Office of Planning & Development
ii `j---!".- � i 1 ct .•r„ tai-_, ` `_�<ti J- - �� i1--: i-11-.
�( 1
cc"J'1 t `Y l l� j ' 1 � EA LT!L�l wf �i �:l �' ' i �INr 1 A.
-:a•fcc-� �,-.r,�.:,, ,.r, .:-'H Ge ari�rl7Ln'
:- P vl NealthC. - gar=._,� r•PIN,
:r !•At�'IF._„,:":Ei' NI.�K's:;tht;' G c Et1rE t
Office of Wafer Programs 1.31 WAKER STREET
Environmental Engineering f=ield Office; tEXIWa ' riN, VIRGINIA 24450 2431
PiONrE. (544) 4&1,7136
FAX (AU) 457.-M111
23 December 1997
SUBJECT: Fr•ederi(;k County
Water - General (Zeigler, Inc.)
Mr. kay Padgett
lrJ hoer A,g0ciates, R _airors
1001 Berryville Avenue
Winchester, Virginia 226g1
Bear Mr. Padgett:
Cn Tue°,tj;jy, 23 December 1991, y•:)u met with the writer for the purpose of inspecting a proposed
;vit s;re for approval , a ps�fj{ir, water supply source for a proposed industrial site.
In accordance -.,ills Part 1, Article 3, 12 VAC 5-590-280 of the Commonwealth of Virginia waterwo,ks
Reyr,iations, tNs INtter i5 to advise that the proposed well site, identified as Site No. 1, as
approximately ic,cateu Jit tier! attached portion of the Inwood, West Virginla-Virginia geologicai survey
rn8ir is Cl�ntatively approved by feels office for construction of a Class II B well. Tile_ well must be
cased acct r_err,. !,r, gr•outsd to a depth of at least 50 feet below ground.
Pie Elie `,iV(nt} paraQrapli? s apply to any well drilled C- me above site.
Ttie Yle!! -~,u5` be I-DCAted a n;irifrrurn of 50 feet from public roadway, parking lots pr'CNerty iinE;,
sews! 'nes, septic t.a:lks and drainl�rld stormwater drainage facilities, flowing or Bret -weather
stream , or naturally wet areal. The We!' site will need to be graded 5o CPrat water flooding from,
"tight,!r''!!:V'i"lois docs not directly cross Cfrr3 well site and the well site wili need to tie fenced if
!irc?st�r_k cOtIt"lue to DE! grazf':d in the area. Tire well site must be located above ±ire 133 -year
flood elevation.
: valid for a period of 12 months, If constructb:m of ttr(, well has not cornmenced by
a reinspection of rhe we+i site will be required. 1"'10 well roust IJO located at least
insicir. Lire bmida.!Iiis of a platted, dedicated well lot, a rd an all vreath^r access road, public
ur private, must be Provided to the well lot.
Dum c_n�iruc'.i:�: cf sr;<! well, it Is FegiJested that the Lexington Fnvir:)nrrl�.ntal Engineering Field
t
of tlirte and apprc;xicnatftimre that grouting c; tl+e well wil! be 1--omplis�Ied,
as 50Ci; �s the information i� f
rr0114 the DIViS G r 12ti� t3 jUli $O t?lug I? ('nrxlneer
Carl e present, if Possible.
of the t1'21i, rieasa forward a r=opy of the Water Well r.nmplctiCvn Report to Lhis office
a = :.can :is pc>> :i. (P. The c:oinpletion report will be evaluar.ed by uur Uet>fuyi!;t to help determine the
lint^:,; of !or sirt�ic.c. water 'Mtiuence based or, parent rnateriai and geological structure at the
5; lected weti .ire. Based on his evaluation;, you will be notified in writing a; to the lengi•rt of the
required 'rie!d and rraY; r;WZn test and provided with a detaiied list c;f the Sampling rer4uire:rier•ts for
.
t� �i', tive!I.
UL = _t_i 11:55 114 PO4�,.r,
J 4-, N Wk:. BB, [F,rES 54L, 662 3434
Mr. stay Padgett 2 23 December 1997
SUBJECT: f=r eder ilc1; Count -y
Water - General ("Zeigler, Inc.)
C: --Le the appropriate vieics testir+g and sampling have been completed, Frans and specifications for
consrruct:orz of the wa and deveioprnent of the well head must be submitted to the Division for
review in .3c,4orclance with Part I, Article .3, 22 VAC 5-590-280, Paragraphs 4, 5, art' of tl)e
Regularsun. !ncfuded Nit,`+ the submittal of plans ane c-li•.-ificatiorss for the well must be coprr, r:a
the Water V4eli Compfetion Report, rocorded plat o' -A,e well lot, recorded dedication docurnerit for
Ole nJll lot Acting that the lot wil; be used only for waterworks appurtenances as long as the well
thCI-P-01i i5 utilized as a source of water for a public; water supply, fog of the required pumping test
and copes of all the required sample results.
Upon rezeipt -of L)l required inforn-iation and documents, and ;sfter approval of the pians and
specifications has been given, a rcnstructlon permit wCl be issued by the State Health Commissioner
in accordance with Part I, Article 3, 12 VAC 5-590-230 of the Regulations. Cor��tructlon of the
permit
facLl�shrZllLsn��4iIIiP.>1.C�1 k1Lt�Gei -P c r� .oClon .
If I can be of further assistance, please do not hesitate to call me at 540/463-7136.
Very truly ;ours,
Kar d T. Ebert
Y
Qlstrict Ehglneer
HTE/bt/97122307,doc
cc DEQ - Water Control Management
Frederick County Health Department
VDH - Richmond Central
�,.,... � UL
March 13, 1998
Mr. Robert P. Pease, P.E.
Ebert & Associates
An H. Aubrey Hawkins Associates, LI*D Company
35 West Boscawen Street
Winchester, Virginia 22601
RE: Master Development Plan, - Zeigler .Property
Frederick County, Virginia
Dear Mr. Pease:
COUNTY of FREDERICK
Department of Public Works
540/665-5643
FAX., 540/678-0682
Upon review of the Subj.ct Master Development Plan dated February26, 1998, we offer
the following comments:
1. The master plan submitted includes the location -of the three separate stormwater
detention ponds. It will be necessary to assess the off site drainage flows from the
three (3) culverts located under Route l 1 as vveli as the culvert under the Conrail
tracks during the site plan review process. Please submit a drainage analysis for
the subject flows along with the on-site drainage calculations to determine
adequate channel or piping design. Please incorporate all areas for the stornilvater
ponds and on-site stormwater stntctures.w;±';_:,, w1c dedicated drainage casements.
The draiiiaJe analysis shall include two (2), ten (10) and 100 year storm events.
2. The site plan shall include a complete erosion and sediment control pian and
narrative. A land disturbance permit is required by this office prion to initiating any
on-site grading ryc�rk.
We recommend apl,ro val of the subject master development plan_ Further comments will
be addressed during the site plan review process.
If you have any questions. do not hesitate to r,, ' _:,a me.
Sincerely,
oe C. Wilder
Engineering Technician
I n7 Mr... -4L 11= h �h _h ® Tip ;_ .^-. .:.. R
_.i_; 1 i = —
�
Frederick County, Virginia
NI -Stec Develo ment Plan Apolication Package
APPLICA'T'ION
MASTER DEVELOPMENT PLAN
Department of Planiiing and Development Use Only.
Date application received IL ff
Complete. Date ofacceptarice.
Incomplete. Date of z-ettlrn.
1. Project Title :
2. Owner's Name:
ISS Gd. n�E
3. Applicant:
Address:
Phone Number:
4. Design Company:
Address:
Phone Number:
Contact Name:
Application 4ILI?
(Please list the names of all owners or parties in interest)
W
NJZ—iC1: rL n NJ n -l7 r_.
Page I 1
c..
0
--- .
TUL 27
1
' Frederick County, Vir iniu
Master Development Plan ARplication Pack
APPLICATION cont'd
MASTF,R DEVELOPWIST PLAN
5. Location of Property: ra G.^ R -,,z & 2 k„ -r -f, r C: R -T
— -4 C T 44., La
6. Total Acreage: -7Y . 1 Ne -
7.
c-,7. Property Information:
a) Property Identification Number (PIN):
b) Current Zoning:
C) Present Use:ya A UT
d) Proposed Uses:
e) Adjoining Property Information:
Property Identification Numbers Property Uses
North _S 11 - A - tv <!'_� n • -J
South _51- - - 8-7 � '2 -
East
East 4 S-
Nest 33 - 16,
Magisterial District:
8. Is this an original or amended Master Development Plan?
Original� 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 of my master development plan
application.
Signature:
Date:
Page 12
JUL 2 -1_ 11: -
Frederick County, Virg-inia Master DeN,eloj2nient Plan Application Package
Adjoining Property Owners
MASTER 1DEVLt.UI'MENT 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 infprmation 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 2ndfloor of the
Frederick Co:mty Administrative Building, 107 'North .trent Street.
NAME
4,r)T)PPO.0 / ])DOD; --:DTV MTT%,(T:)CD
Y rr� y D . grown
Name J f
�'l l %SrGcnSon SPrrnq �J� 0arLrooK
t
Address 8z
propem' i$3
_
7.�1e► U•.ycub��o�
.tt1>rtr-c+I.. ZZ i
'4A
C «2r rao
I'S'IS N .�; pw•r' r w-0
E ig790— a
,-�rz�r��
�/uY etf C�Itit Ice sidu.� y-hurjc.
2
31f
c 'u4c 18
NOTES:
I. BOUNDARY SHOWN HEREON WAS DETERMINED BY A FIELD RUN SURVEY
PERFORATED BY EDERT h ASSOCIATES ON DECEMBER 5, 1997.
2. THIS PUT IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
3. NO TITLE REPORT FURNISHED.
5. RIGTITS-OF-WAYS OR EASEMENTS, IF ANY, ARE NOT SHOWN.
6. ALL ADJOINING OWNERS ARE NOW OR FORMERLY THE OWNERS.
0,1A1.l5M I, INC.
"-A-105
769111542
Q
Z�
t =;
vi
w1
t
CONCRETE
MONUMENT
(FOUND)
A=123.75'
R=5769.58'
B=N 20'24'49" E
C=123.75'
S 7900'25" E 1301.44'
2Q5�.185
CM5
1
rn
PK NAIL_ — _ N 67'24'13" W 1106.90'
(SET) —
BfzMJ50ty�
VA.5MNa W P(S NA
30' PRESCRIPTIVE R/W
POL1NPA12Y 5LMY or- THF-
MOMM GONVr::YF-t7 ro
PAVIP HO - r &
OL -AN 12. N01r
V13635', 835, 1'6 12258 TM *t33 -A-10513
5CALF-: I" - 200' VAIV: MCS EMMR 5, 1997
5T0NEWA -L V15 IZICT, FW-MRICK COI. Hy, VIRGINIA
PROJECT /870239
MICHAEL M. ARTZ
No. 1951
Ebert and Associates
IL aan.., e..tin. �..«I.I�. ud r—P."
LVD uNEMOE1f1aNDIT
Iuo rilu�c
35 •. 805nm" SIRED
WNMMTFR M 22601-1740406
TFL 510-667-"M FAX 510-7-2166
TOLL FRE 1-6001-7551-73" ,
SHEET 2 OF 2
Tile following is the metes. and bounds description of a 25.185 acre tract of land
located on the northeastern intersection of Martinsburg Pike (U.S. Route 1 1) and Branson
Spring Road (Va. Rte. 668) in Stonewall District, Frederick County, Virginia.
BEGINNING at a pk nail (set) in eastern line of Martinsburg Pike (U.S. Route 1 1) and in
the centerline of Branson Spring Road (Va. Rte. 668), said corner being a point on a curve
to the left and having a radius of 5769.48 feet; thence with the arc of said curve 123.75
feet with the eastern right-of-way line of said Martinsburg Pike
Long Chord N 20-24-49 E 123,75 feet
to a concrete monument (found) at the p.t. of said curve; thence
N 19-47-56 E 761.05 feet
to a rebar (found), a corner with Ojausmani, Inc.; thence with Ojausmani, Inc.
S 70-00-25 E 1301.44 feet
to a rebar (found) in the western line of Conrail; thence with Conrail
S 31-42-53 W 954.98 feet
to a pk nail (set) in the center of said Branson Spring Road; thence with the center of said
road
to the beginning. N 67-24-13 W 1106.90 feel
CONTAINING 25.185 ACRES
SURVEYED DECEMBER 5, 1997
Opti
v MICHAEL M. ART,
No. 1951
C9 D SURV15-' �o+'
i.� COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/678-0682
ME RA
0%NDUI'M
TO: Planning Commission
FROM: Eric R Lawrence, Zoning Administrator N`
SUBJECT: Public Meeting: Steep Slopes and Woodlands Waiver Request
DATE: April 2, 1998
Staff has received a request from Mr. Mark Smith, Greenway Engineering, to consider allowing a
greater disturbance of steep slopes and woodlands than presently permitted. The site of this waiver
request is located in taker Lane Industrial Par ,ono his site is two acres, and consists
almost entirely of woo an s an stee , wit e evation variations of approximately 15 feet.
The Zoning Ordinance states that no more than 25 percent of the steep slopes and woodlands are to
be disturbed. Development of this site would require that approximately 90 percent of the steep
slopes and woodlands be disturbed.
The Zoning Ordinance allows for the Board of Supervisors to waive certain requirements that make
development of a parcel of land impractical. Two of these waiver opportunities involve the
disturbance of steep slopes and woodlands in industrial parks. Specifically stated:
The Board of Supervisors may allow the disturbance of larger areas of steep slopes in
industrial parks. In such cases, the functions of stream valleys shall be preserved through
the use of open space, landscaping and stormwater management facilities. [Chapter 165,
Section 31.B(6)]
The Board of Supervisors may allow larger woodland areas to be disturbed in industrial
parks. In such cases, mature trees shall be preserved to the maximum extent possible and
the functions of the woodlands shall be preserved through the use of open space and
landscaping. [Chapter 165, Section 31.B(7)]
Staff believes this waiver request may be appropriate based on the specifics of the site. Mr. Smith
will present a conceptual site design and illustrate the degree of disturbances that are requested. A
recommendation to be forwarded to the Board of Supervisors is appropriate. Staff is available to
respond to your questions.
ERL/cc
Attachments
U\ERIC\COM MONM98LETTE R\B KE RIP PC
107 North hent Street • Winchester, Virginia 22601-5000
GREENWAY ENGINEERING
151 Windy
Winchester,
ill inia
Winchester, �'ir{�nia 22602
Founded in 1971
March 26, 1998
County of Frederick
Department of Planning
107 N. Kent Street
Winchester, Va. 22601
ATT: Chris Tierney,
Planning Director
RE: Baker Industrial Park - Lot 4
Dear Mr. Tierney:
On behalf of our client, Mr. Denny Derflinger, contract purchaser of Lot 4 in the Baker
Lane Industrial Park, we are requesting the allowance of a greater that 25% disturbance of
steep slopes and woodlands on the existing 2 acre lot. Lot 4 currently has existing trees
and slopes that vary approximately 15 feet in elevation from one side of the lot to the
other. Therefore, the development of this lot will require approximately 90% of the 2 acre
lot to be graded and disturbed. Once developed into an industrial park setting, this lot will
maintain the existing theme of the Baker Lane Industrial Park.
We would appreciate your support of our request for a greater steep slope and woodlands
disturbance to allow the development and intended use of the Baker Lane Industrial Park.
Please contact us should additional information or questions arise.
Sincerely,
Greeaw I Engineerin g
i
Mark . Smith, P.E.,I.S.
President
c.c. Denny Derflinger, Contract Purchaser
Gan Oates, Greenway Engineering
Engineers slip' -c" u
Telephone 0-(,62-115, 1.\\ T. -__- _.
!M ----DEN DIRoVE
Sketch Showing
Topo and Boundary
of the land of
L 0 T 4 BAKER LANE INDUSTRIAL PARK
Stonewall District, Frederick County, VA
SCALE: I"=60' 1 DATE: 3/30/98
GREENWAY ENGINEERING
It**\ 151 Windy Hill Lane
\47 En&em Winchetrter, Virginia 22602
Surveyors Telephone: (540) 662-4185
FAX: (540) 722-9528
lbrmaE�la 1971 B -mall:
grenway0vinrallink.00ID
TH pF
0
MARK D. SMITH a
No.002009
X11 ' suw�,.J'>31
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/678-0682
MEMORANDUM
TO: Planning Commission
FROM: Eric R. Lawrence, Zoning Administrator
SUBJECT: Discussion: Woodlands Preservation
DATE: April 6, 1998
Recent development proposals have shed light on a possible need to revisit the woodlands
preservation portion of the Zoning Ordinance (Chapter 165, Section 31- Protection of Environmental
Features). One project in particular, Autumn Wind Apartments, was prohibited from utilizing a
majority of its site because of the existence of woodlands. The Autumn Winds project did
successfully overcome this barrier, but staff felt that it was important to revisit the ordinance and
evaluate whether or not an amendment to the Zoning Ordinance would be deemed necessary.
The Development Review and Regulations Subcommittee (DRRS), with the assistance from members
of the design and development community, has been discussing this woodland issue for the past few
months. Discussions have been fruitful and reassuring. After numerous scenarios were considered
and pros and cons weighed, the DRRS feels that a possible solution has been unearthed. The
proposed solution is two -fold. First, the proposal would allow greater flexibility to the property
owner. Second, the proposal establishes an incentive program that rewards a property owner for
preserving/protecting woodlands.
Attached is the draft text illustrating the proposed woodland ordinance amendment. Staff will also
present additional scenarios and encourage discussion with the Commission. It is important to point
out that this proposal is in its infancy and comments/suggestions are strongly encouraged. It is stafFs
intent to gain guidance from the Commission, revise the proposal as necessary, and return to the
DRRS for their review and endorsement.
Staff is available to address your questions.
ERL/cc
107 North Kent Street • Winchester, Virginia 22601-5000
Discussion on Woodlands Preservation
Proposed Concept for Review
April 15, 1998
It is the intent of the Zoning Ordinance to promote the health, safety, and general welfare of the
public. Staff believes that preservation of woodlands is an important element towards that end.
Understanding the constraints woodland preservation places on the development community and
property owners, the following is proposed for review and consideration.
Current Requirements:
Woodlands disturbance of 25% is allowed. There are opportunities for the Board of Supervisors to
allow the disturbance of larger woodland areas in shopping centers, industrial parks, and office parks.
Woodlands are also defined as "Areas, groves or stands of mature or largely mature trees, i.e., greater
than six (6) inches caliper, covering an area greater than one-fourth (1/4) acre or groves of mature
trees, greater and twelve (11 2) inches caliper, consisting of more than ten (10) individual tre;,s."
Proposed Requirements
Business and Industrial Zoning Districts.
1. No requirement to preserve woodlands.
2. Woodland Bonus Factor (WBF). The WBF would be a system that issues open space
credit as an incentive to encourage the preservation of woodlands.
Residential Zoning Districts
1. Woodlands disturbance up to 75 percent would be allowed.
2. Woodlands Bonus Factor (WBF). The WBF would be a system that issues open
space credit as an incentive to encourage the preservation of woodlands. This bonus
would be in effect to encourage the preservation of woodlands, and only applies to
the preservation of 50 to 100 percent of the woodlands (0 to 50 percent woodland
disturbance).
Woodlands Bonus Factor (WBF)
The Woodlands Bonus Factor (WBF) is a method to enable a property owner to receive credit for
preserving woodlands. Credit would be granted towards a reduction in the required open space to
encourage the preservation of woodlands. For every 1,000 square feet of woodlands that are
preserved, a property owner would receive a reduction of 1,000 square feet of required open space,
within open space minimums as stated in the following chart:
2
WBF Chart for Business and Commercial Zoning
Zoning District
Minimum Open Space
Required
(percentage of gross area)
Woodlands Bonus Factor
Minimum Open Space
(percentage of gross area)
B 1 (Neighborhood
Business)
35
25
B2 (Business General)
15
10
B3 (Industrial Transition)
25
18
M1 (Light Industrial)
25
18
M2 (Industrial General)
15
10
WBF Chart for Residential Zoning Districts:
Type of Development
Minimum Open Space
Woodlands Bonus Factor
Required
Minimum Open Space
(percentage of gross area)
(percentage of gross area)
Developments containing
0
0
only single-family detached
traditional or traditional
rural housing
Developments containing
15
10
only single-family detached
urban housing
Developments in which no
15
10
less than 60% of the
dwellings are single-family
detached traditional
housing mixed with any
other housing types
Developments containing
25
18
only single-family detached
cluster or a mixture of
single family detached
cluster and urban housing
All other residential
30
20
developments
Examples of use (approximations/ rough estimates) :
1. A 100 -acre parcel of land, zoned RP, was to be developed into single-family detached urban
housing, and the site contained 20 acres of woodlands. Minimum lot size = 12,000.
Current: Required Open Space = 15%, 15 acres
Required Woodlands to be preserved = 15 acres
Approximate land to be in right-of-ways = 17%, 17 acres
Developable area = 68 acres
Number of lots = 246
Proposed: Required Open Space = 15%, 15 acres
Required Woodlands = 25% of existing woodland, or five acres
Approximate land to be in right-of-ways = 17%, 17 acres
Developable area = 68 acres
Number of lots = 246
Benefit: The developer/property owner is provided more flexibility in selecting
areas/woodlands to preserve.
Utilizing WBF-- May receive open space reduction of five acres in return for the
preservation of woodlands.
Minimum Required Open Space = 10%, 10 acres
Woodlands preserved= 50%, 10 acres
Approximate land to be in right-of-ways = 17%, 17 acres
Developable area = 73 acres
Number of lots = 264
Benefit: The developer is provided the flexibility to determine which, if any
woodlands to preserve. A reduction in open space required is permitted, up to
a five -acre reduction. In return for the preservation of woodlands, the
developer is provided an opportunity to create 18 additional lots.
Net increase 18 lots
2. A 20 -acre parcel of land, zoned RP, was to be developed into single-family detached zero lot
line housing, and the site contained 18 acres of woodlands. Minimum lot size = 6,000 sq ft
Current: Required Open Space = 30%, 6 acres
Required Woodlands to be preserved = 75%, 13.5 acres
Approximate land to be in right-of-ways = 17%, 3.4 acres
Developable area = 3.1 acres
Number of lots = 22
Proposed: Required Open Space = 30%, 6 acres
Required Woodlands = 25% of existing woodland, or 4.5 acres
Approximate land to be in right-of-ways = 17%, 3.4 acres
11
Developable area = 10.6 acres
Number of lots = 76
Benefit: The developer/property owner is provided more flexibility in selecting
areas/woodlands to preserve, increasing the number of lots by 54.
Utilizing WBF--- May receive open space reduction of 2 acres for the preservation
of woodlands.
Minimum Required Open Space = 20%, 4 acres
Woodlands to be preserved = 50%, 9 acres
Approximate land to be in right-of-ways = 17%, 3.4 acres
Developable area = 12.6 acres
Number of lots = 91
Benefit: The developer is provided the flexibility to determine which, if any
woodlands to preserve. A reduction in open space required is permitted, up to
a 2 acre reduction. In return for the preservation of woodlands, the developer
is provided an opportunity to create 15 additional lots.
Net increase 1.5 lots
3. A 1.5 -acre (65,340 square foot) parcel of land, zoned B2, is to be developed for a
convenience store with fuel service. The site is 75% woodlands (49,005 square feet).
Current: Required Open Space = 15%, 9,801 square feet
Required Woodlands to be preserved = 75%, 36,753 square feet
Developable area = 28,587 square feet
Proposed: Required Open Space = 15%, 9,801 square feet
Required Woodlands — 0% of existing woodlands, or 0 square feet
Developable area = 55,539 square feet
Benefit: The developer/property owner is provided more flexibility in selecting
areas/woodlands to preserve, increasing the developable area by 26,952 square
feet.
Utilizing "F— May receive open space reduction of 3,267 square feet for the
preservation of woodlands.
Minimum Required Open Space = 10%, 6,534 square feet
Woodlands to be preserved = 50%, 24,502 square feet
Developable area = 40,838 square feet
No Economical Benefit: Because the woodlands occupy a large percentage of
this lot, there is no economical benefit to preserving the woodlands. Therefore,
in this example, the woodlands would probably not be preserved.
5
4. A 1.5 -acre (65,340 square foot) parcel of land, zoned 132, is to be developed for a
convenience store with fuel service. The site is 15% woodlands (9,801 square feet).
Current: Required Open Space = 15%, 9,801 square feet
Required Woodlands to be preserved = 75%, 36,753 square feet
Developable area = 28,587 square feet
Proposed: Required Open Space = 15%, 9,801 square feet
Required Woodlands = 0% of existing woodlands, or 0 square feet
Developable area = 55,539 square feet
Benefit: The developer/property owner is provided more flexibility in selecting
areas/woodlands to preserve, increasing the developable area by 26,952 square
feet.
Utilizing WBF-- May receive open space reduction of 3,267 square feet for the
preservation of woodlands.
Minimum Required Open Space = 10%, 6,534 square feet
Woodlands to be preserved = 50%, 4,900 square feet
Developable area = 58,806 square feet
Benefit: The usable square footage will increase by 30,219 square feet.
Therefore, the preservation of woodlands also increases the usable square
footage on this site.
L :\ERIC\COhfh10N\DRRS\WOODLAND\DRAFTDIS.PC
0
C14:'15.,"1998 15: 42
15 A. n 1998
5406650493,
G l4 CLIFFORD & ASSOC
gilbert w. clifford & associates, inc
INCORPORATED 1972
F'ngineers Surveyors — sand Planners Water Quality
Mr. Eric Lawrence
Frederick County Planning Deparynaent
107 N. Kent Street
Winchester_ Virginia -1 f60 f
RE: Woodlands Preservation
Dear Eric
Due to a conflict. I cannot attend •+rour Planning Commission meeting scheduled for tonight,
attend and speak in sllpl,00f of vot,lr proposed "Woodlands Presei-vation" concept ordinance.
attend. Dere is my letiei of,
uppor, for your proposal
PAGE 01
DQatd of Dtreetorm:
Prealdeav
Thorn" J. o" Towle, P. F.
Vice Presidents:
cifiarks E, Maddux. Jr.. V 1•.
Farl R. Swherlana n.F.
Ronald A Mislm-- .v. P.F;.
David J. Sounder.;. P V
Mrectors:
P. Duan Brown, 1. �.
William L Wright
kliduel A rlanurier
Thomas W. Prim
I had planned to
Since I cannot
Your proposal addresses commercial and industrial zoning districts appropriately by removing woodland
-'reservation and providinp on lnt.��ntive or bonus. This will help with our site planning and should help with
.ne County'..q econr. nTit efforts In residential areas your proposal allows for 75°.o woodland
disturbance and again pi ovgb9 .s ei bonus for developers to preserve existing woodlands. Y'ou are on the right
track. and your proposa.l has my support. Good work
Sincerely,
gilbert w. clifford & associates, ine.
Step Cryurisin
SMG/kf
Kris T+crnce
200 North Cameron Street_ Winchester, Virginia 22601
Fax (54()) 665-1749: c -mail gx-cliffr"rmmnsinc.r®m
mhcr;4me-ricat? ("mmilling hi{i nrcrn ('ou-ncil
Page 1
Eastgate Commerce Center. A 235.75 -acre parcel of land, zoned B2, B3, M1. The site is 5.3%
woodlands (12.5 acres).
Current: Required Open Space = 25%, 58.93 acres within the Ml District
Required Woodlands to be preserved = 75%, 9.375 acres
Approximate land to be in road right-of-ways = 13.5%, 31.86 acre
Developable area = 144.96 acres
Proposed: Required Open Space = 25%, 58.93 acres
Required Woodlands = 0% of existing woodlands, or 0 acres
Approximate land to be in road right-of-ways = 13.5%, 31.86 acre
Developable area = 144.96 acres
Benefit: The developer/property owner is provided more flexibility in
selecting areas/woodlands to preserve.
Utilizing "F--- J111ay receive open space reduction of 16. S acres for the
preservation of woodlands.
Minimum Required Open Space = 18%, 42.43 acres
Approximate land to be in road right-of-ways = 13.5%, 31.86 acre
Woodlands to be preserved = 75%, 9.375 acres
Developable area = 161.46 acres
Benefit: The usable acreage will increase by 16.5 acres. Therefore, the
preservation of woodlands also increases the usable acreage on this site.
Page 2
Prince Frederick Office Park. A 91.903 -acre parcel of land, zoned B2. The site is 33%
woodlands (30.5 acres).
Current: Required Open Space = 15%, 13.78 acres
Required Woodlands to be preserved = 75%, 22.87 acres
Approximate land to be in road right-of-ways = 7.2%, 6.70 acre
Developable area = 71.41 acres
Proposed: Required Open Space = 15%, 13.78 acres
Required Woodlands = 0% of existing woodlands, or 0 acres
Approximate land to be in road right-of-ways = 7.2%, 6.70 acre
Developable area = 71.41 acres
Benefit: The developer/property owner is provided more flexibility in
selecting areas/woodlands to preserve.
Utilizing WBF-- May receive open space reduction of 4.95 acres for the
preservation of woodlands.
Minimum Required Open Space = 10%, 9.19 acres
Approximate land to be in road right-of-ways = 7.2%, 6.70 acre
Woodlands to be preserved = 75%, 22.87 acres
Developable area = 62.333 acres
Benefit: The usable acreage will decrease by 9.08 acres. Therefore, the
preservation of woodlands also increases the usable square footage on this
site.
Page 3
Carriebrooke. A 20 -acre parcel of land, zoned B2. The site is 8.1% woodlands (1.62 acres).
Current: Required Open Space = 15%, 3 acres
Required Woodlands to be preserved = 75%, 1.22 acres
Approximate land to be in road right-of-ways = 7.35%, 1.47 acre
Developable area = 15.53 acres
Proposed: Required Open Space = 15%, 3 acres
Required Woodlands = 0% of existing woodlands, or 0 acres
Approximate land to be in road right-of-ways = 7.35%, 1.47 acre
Developable area = 15.53 acres
Benefit: The developer/property owner is provided more flexibility in
selecting areas/woodlands to preserve.
Utilizing WBF May receive open space reduction of 1 acre for the preservation
of woodlands.
Minimum Required Open Space = 10%, 2 acres
Approximate land to be in road right-of-ways = 7.35%, 1.47 acre
Woodlands to be preserved = 75%, 1.22 acres
Developable area = 16.53 acres
Benefit: The usable acreage will increase by 1 acres. Therefore, the
preservation of woodlands also increases the usable square footage on this
site.
Page 4
Hill Valley. A 26.123 -acre parcel of land, zoned RP. The site is 45.3% woodlands (11.82
acres)_ Single Family Detached Cluster houses.
Current: Required Open Space = 25%, 6.53 acres
Required Woodlands to be preserved = 75%, 8.865 acres
Approximate land to be in road right-of-ways = 9.5%, 2.5 acre
Developable area = 17.093 acres
Proposed: Required Open Space = 25%, 6.53 acres
Required Woodlands = 25% of existing woodlands, or 6.53 acres
Approximate land to be in road right-of-ways = 9.5%, 2.5 acre
Developable area = 17.093 acres
Benefit: The developer/property owner is provided more flexibility in
selecting areas/woodlands to preserve.
Utilizing "F--- May receive open space reduction of 1.83 acres for the
preservation of woodlands.
Minimum Required Open Space = 18%, 4.7 acres
Approximate land to be in road right-of-ways = 9.5%, 2.5 acre
Woodlands to be preserved = 50%, 5.91 acres
Developable area = 18.923 acres
Benefit: The developer is provided the flexibility to determine which
woodlands to preserve. A reduction in open space required is permitted ,up
to a 1.83 acre reduction. In return for the preservation of woodlands, the
developer is provided an opportunity to create 5 additional lots.
U:\ERIC\COtvfMON\DRRS\WOODLAND\EXAMPLES.WPD