PC 08-05-98 Meeting AgendaAGENDA
FREDERICK COUNTY PLANNING COMMISSION
The Board Room
Frederick County Administration Building
Winchester, Virginia
AUGUST 5, 1998
7:00 P.M. CALL TO ORDER TAB
1) Minutes of June 3, 1998 and June 17, 1998 ............................... A
2) Bi -Monthly Report .................................................. B
3) Committee Reports.................................................(no tab)
4) Citizen Comments.................................................(no tab)
PUBLIC HEARING
5) Conditional Use Permit #003-98 of American House Assisted Living for an assisted
living facility. The property is located northeast of Stephens City, on the south side of
Tasker Road (Rt. 642), 1,000 feet east of Aylor Road (Rt. 647) and 4,000 feet west of
White Oak Road (Rt. 636), and is identified with Property Identification Number 75-A-104
in the Opequon Magisterial District.
(Mr.Ruddy) ...................................................... C
6) Conditional Use Permit #004-98 of Wenzel R. and Glenda F. Dousa for a natural
miniature golf course (seasonal). The property is located at 154 Gainesboro Road, and is
identified with Property Identification Number 29 -A -73C in the Gainesboro Magisterial
District.
(Mi. Ruddy) ....................................................... D
7) Other
MEETING MINUTES
OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in
Winchester, Virginia on June 3, 1998.
PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; John R Marker, Vice-Chairman/Back
Creek 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;
Richard C. Ours, Opequon District; John H. Light, Stonewall District; George L. Romine, Citizen at Large;
Robert M. Sager, Board Liaison; and Jay Cook, Legal Counsel.
ABSENT: Terry Stone, Gainesboro District; and Vincent DiBenedetto, Winchester City Liaison.
STAFF PRESENT: Kris C. Tierney, Director; Evan A. Wyatt, Deputy Director, Eric R Lawrence, Zoning
Administrator; Mike Ruddy, Planner 11; and Renee' S. Arlotta, Clerk.
CALL TO ORDER
Chairman DeHaven called the meeting to order at 7:00 p.m.
MINUTES - MAY 6, 1998
Upon motion made by Mrs. Copenhaver and seconded by Mr. Romine, the minutes of May 6,
1998 were unanimously approved as presented.
BIMONTHLY REPORT
Commissioner Miller requested that Site Plan #032-98 for Kentucky Fried Chicken be brought
before the Commission for formal review. Commissioner Miller said that a number of concerns, specifically from
citizens living in the Foxridge Townhouses, have been expressed to him about this site.
Frederick County Planning Commission
Minutes of June 3, 1998 Page 209
MR
COMMITTEE REPORTS
Development Review & Regulations Subcommittee (DRRS) - 05/28/98 Mtg.
Mr. Thomas reported that the DRRS continued their discussions on steep slopes and ways of
updating the ordinance to a "performance" ordinance instead of a "prescriptive" ordinance. Mr. Thomas said
that the amendments will place more of the onus of design intent and creativity on the developer, instead of the
County dictating what needs to be done.
Comprehensive Plans & Proerams Subcommittee (CPPS)
Mrs. Copenhaver reported that the CPPS will be taking a bus tour of the South Frederick Land
Use Study Area on Monday, June 8, at 5:00 p.m. Mrs. Copenhaver stated that everyone is welcome to attend.
Transportation Committee - 06/02/98 Mtg.
Mr. Thomas reported that the Transportation Committee discussed the Winchester Area
Transportation Study (WATS).
Joint Frederick County/ Stephens City Planning Committee - 05/26/98
Mr. Tierney reported that additional discussion took place on the Town's proposed boundary
line adjustment and members who were present agreed the area requested was reasonable. Mr. Tierney said that
a recommendation will be formulated to the respective governing bodies about how to proceed.
CITIZEN COMMENTS
Ms. Barbara Burroughs, resident of the Opequon District, spoke in favor of the proposed
increase in sanitation connection fees. She said that she supported Sanitation Authority Chairman, Ned M.
Cleland, and Sanitation Authority Director/Engineer, Wellington Jones, in their efforts to raise these rates. Ms.
Burroughs believed that if the rates were not raised, Frederick County citizens would end up paying increased
costs through higher taxes.
Frederick County Planning Commission
Minutes of June 3, 1998 Page 210
- 3 �
PUBLIC HEARINGS
Conditional Use Permit 9002-98 of Roy R. Beatty to operate a public garage with body repair. This
property is located at 621 Mines Mill Road and is identified with P.I.N. 84 -A -27C in the Oneauon
Magisterial District.
Action - Recommended Approval w/ Conditions
Mr. Lawrence read the background information. He said that there were no significant issues
by any of the reviewing agencies. Mr. Lawrence said that public garages with auto body repair are permitted in
the RA Zoning District with an approved conditional use permit provided that all repair work takes place entirely
within an enclosed structure and all exterior storage of parts and equipment is fully screened from view from any
adjoining property. He stated that the requested activity will occur within existing buildings; no new buildings
are proposed He said that the buildings are arranged in circular fashion, screening any activities from adjoining
properties. In addition, he said that the buildings are approximately 400+ feet from any adjoining property.
Commission members raised the issue of whether or not the number of outside vehicles awaiting
repair should be a condition of the permit. Another issue raised by the Commission was whether the filtering or
fanning of hones and chemicals from painting was regulated by any outside agency.
Mr. Roy R Beatty, the applicant, said that he would not be painting at this location; he said that
his painter was located in Warren County. Mr. Beatty said that the type of work he will be doing includes frame
straightening, sheet metal alignment, and body work.
Chairman DeHaven called for public comment and the following person came forward to speak:
Mrs. Barbara Burroughs, adjoining property owner at 731 Kline's Mill Road, said that she has
been the Beatty's neighbors for four years and nothing the Beatty's have done at their home has caused her any
concern. Mrs. Burroughs said that she does not hear noise or see vehicles from her house. Mrs. Burroughs said
that the Beatty's are building a new home, which is closer to hers, and she wanted to be sure that none of the
garage work would be going over to the new residence.
Commission members were satisfied that the establishment of the business would not have a
negative impact upon the surrounding neighborhood.
Upon motion made by Mr. Romine and seconded by Mr. Wilson,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend
approval of Conditional Use Permit 4002-98 of Roy R Beatty for a public garage with body repair at 621 Klines
Mill Road, with the following conditions:
1. Proposed signs shall satisfy the Cottage Occupation Sign Requirements.
2. No more than five inoperable vehicles shall be allowed to be stored on the property at any one time.
These inoperable vehicles shall be screened from adjoining properties.
Frederick County Planning Commission
Minutes of June 3, 1998 Page 211
-4-
3. All review agency comments shall be complied with at all times.
4. Any expansion of the business shall require a new conditional use permit.
Rezoning Application #009-98 of Allied Wood Products submitted by Painter -Lewis, P.L.C. to rezone
1396 acres from RA (Rural Areas) to M1 (Light Industrial) Zoning District. This property is located at
2546 Martinsburg Pike and is identified with P.I.N. 44-A-41 and 44-A-42 in the Stonewall Magisterial
District.
Action - Recommended Approval with Proffers
Mr. Wyatt read the background information and pointed out two significant review agency
comments: 1) the County Engineer has identified existing drainage problems that are impacting adjoining
properties and has requested the development of a stormwater management plan as a condition of approval; and,
2) the Historic Resources Advisory Board (HRAB), in light of the Stephenson's Depot (Second Winchester)
historical resource, has recommended that structural heights be limited to 40', that existing tree lines be
maintained, and that a landscaped berm be provided around Parcel 42, along Old Charles Town Road.
Mr. Wyatt said that the staff has identified three potential impacts: 1) the potential increase in
tragic is estimated at between 2-11% on Route 11; 2) the Capital Facilities Impact Model has demonstrated a
negative impact to fire and rescue services; and, 3) the impact to adjoining properties, specifically, the
aforementioned Stephenson's Depot core area and flooding on adjoining properties. Mr. Wyatt said that in
addition, conversations with adjoining property owners revealed concerns about blowing sawdust coming from
the existing operation and outdoor storage on Parcel 41.
Mr. Wyatt concluded by making the following statements: the rezoning proposal is consistent
with policies established in the Route 11 North Corridor Land Use Plan; the uses that have been proffered are
consistent with the current Allied Wood Products operation; the applicant has mitigated the impact to capital
facilities for fire and rescue services by proffering a monetary contribution that is consistent with the results of
the Capital Facility Impact Model; and, the applicant has attempted to mitigate the impacts to the Stephenson's
Depot historic resource by limiting structural heights and developing a vegetative screen along the frontage of
Lot 42. Mr. Wyatt said that applicant did not limit access to Old Charles Town Road; however, access will be
severely limited on Parcel 41 due to topography constraints from the existing road grade. He added that VDOT
and the County Engineer will have the ability to require upgrades to the existing entrance and site to ensure that
access and drainage are improved for the current site conditions.
Mr. John Lewis, P.E. of Painter -Lewis P.C., design engineers representing Allied Wood
Products, spoke first about the drainage situation. Mr. Lewis said that they have completed a stormwater
management plan that will mitigate the impacts of Allied Wood Products only. He said that they intend to install
the largest possible detention pond at the lowest end of the Allied Wood Products property to attenuate peak
stormwater flows, which should help the situation down through Wampler Mobile Home Park and Route 664.
He said that in addition, the County Engineer asked them to look at the stormwater culvert and piping under
Route 664 and they will be forwarding that design information on to the County Engineer. Mr. Lewis said that
it was his understanding that the County Engineer had convinced VDOT to replace the culvert. Mr. Lewis
Frederick County Planning Commission
Minutes of June 3, 1998 Page 212
-5 -
commented that the work being done on the Allied Wood Products site, together with VDOT's work on the
culvert, should improve the drainage situation; however, it would not create a "fix -all" situation. Regarding the
request by the HRAB for the four -foot berm on Lot 42 along Old Charles Town Road, Mr. Lewis said that they
did not know at this point in time what the particular configuration of that lot was going to be, as far as entrances
or structures. Mr. Lewis requested deference until a point in time when they actually know what they were going
to do on that parcel so that they could design a screen that was satisfactory, from an access and drainage
standpoint, to the staff and the HRAB.
(Mr. Light arrived at this point in the meeting.)
Some Commission members expressed concern about placing the burden of solving stormwater
problems downstream on this particular developer. They were concerned that expectations would be raised that
all of the downstream flooding problems would be solved at this developer's expense. Another issue raised was
concerning the HRAB's recommendation for a four -foot tall and four -foot wide berm with landscaping along
Parcel 42 and the applicant's proffer statement only referred to a vegetative screen. It was decided that the
applicant would submit the site plan to the HRAB, in order to give the applicant and the HRAB an opportunity
to agree on what was appropriate to protect the historic resource.
There were no public comments.
Upon motion made by Mr. Miller and seconded by Mr. Wilson,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of
Rezoning Application #009-98 of Allied Wood Products, submitted by Painter -Lewis, P.L.C., to rezone 13.96
acres from RA (Rural Areas) to Ml (Light Industrial) Zoning District with the proffers submitted by the applicant
and with the condition of the submittal of a stormwater management plan and the submittal of the site plan to the
HRAB for discussion of viewshed protection for historical resources.
(Mr. Light abstained from vote.)
Subdivision Waiver Request by Mr. David Hicks to allow for the creation of a 2.2 -acre lot in the RA
(Rural Areas) Zoning District. This parcel is identified by P.I.N. 20 -A -32A and is located on Light Road
(Rt. 685) in the Gainesboro District.
Action - Recommended Approval
Mr. Eric Lawrence, Zoning Administrator, stated that the staff had received a request from Mr.
David Hicks on behalf of Hicks' Contracting, for a variation from the Subdivision Ordinance's minimum lot size
requirement for a parcel of land located on Light Road (Rt. 685). He explained that Mr. Hicks purchased 2.2
acres from a 19.775 -acre parent tract based on the understanding that the state road separating the smaller parcel
from the parent tract created a legal land division. Mr. Lawrence said that when utilizing this state road division
technique, a 2.2 -acre lot is created and the ordinance requires a five -acre minimum lot size; therefore, it is
necessary to gain the Board of Supervisors' approval for a variation to this five -acre requirement.
Frederick County Planning Commission
Minutes of June 3, 1998 Page 213
M
Mr. David Hicks was present to answer questions from the Commission.
Mr. Richard Dye, a neighboring land owner, came forward to express his opposition to any
variation from the subdivision ordinance and he presented a letter explaining his concerns. Mr. Dye said he
supported the open space building requirement and it did not matter to him if the open space was located on the
other side of the road He also questioned whether a proposed dwelling would be able to meet setbacks, if a 50`
right-of-way was required. W. Dye said that he did not see any reason not to adhere to the policies set forth in
the ordinances.
Mr. Jay Cook, the Commission's legal counsel, confirmed that this was the appropriate format
to consider the issue at hand.
Commissioner Miller stated that the zoning requirement is not being changed; he said that the
subdivision of land is a legislative process, the legislative body of the County being the Board of Supervisors,
and what is being requested here has been done in the past. He said that the correct policy is being followed.
Commissioner Miller made a motion to recommend approval of the request. This motion was seconded by Mr.
Thomas and was unanimously passed.
BE IT RESOLVED, That the Frederick County Planning does hereby unanimously recommend approval of the
subdivision waiver request by Mr. David Hicks to allow for the creation of a 2.2 -acre lot in the RA (Rural Areas)
Zoning District.
Upon motion made by Mrs. Copenhaver, seconded by Mr. Light, and unanimously approved,
the letter from Mr. Richard Dye was made a part of the official record.
DISCUSSION OF THE WINCHESTER AREA TRANSPORTATION STUDY (WATS)
Action - Recommended Approval
Mr. Michael T. Ruddy, Planner II, presented the final draft of the Winchester Area
Transportation Study (WATS) Year 2020 Transportation Plan, which had been reviewed by VDOT and
forwarded to Frederick County for the inclusion of any appropriate text deemed suitable, and local action. Mr.
Ruddy said that it is evident that the existing roadway system in the study area does not have sufficient capacity
to accommodate area travel demands in the year 2020. He said that it is the staff's belief that the many
transportation issues affecting the County, in particular at the Route 647/277 intersection, have been suitably
addressed and the resulting plan provides an excellent framework for future transportation planning in Frederick
County.
Mr. Ruddy said that the WATS plan was developed through a joint effort of VDOT, their
consultant DeLeuw, Cather and Company, and Frederick County, the City of Winchester, and the Town of
Stephens City. He said that a steering Committee, comprising of representatives from the community,
recommended approval of WATS in March, 1998, and the Transportation Committee reviewed the study on June
2, 1998. Mr. Ruddy proceeded to summarize the recommendations in the WATS Plan to the Commission.
Frederick County Planning Commission
Minutes of June 3, 1998 Page 214
.7 -
Mr. Sager, the Board's liaison to the Commission, expressed concern that the proposals in
WATS would negatively affect the County's retail base, particularly for the businesses at the Route 522 corridor
at Route 50. He felt that travelers would be discouraged from stopping in the Stephens City area and eating and
staying overnight.
Planning Director Kris Tierney said that the two existing major traffic problems in the County
that were identified in the plan, which everyone was already aware of, were at the Route 50 interchange at I-81
and the Route 277 interchange with I-81. Mr. Tierney said that we need to get the traffic moving through those
intersections in a better way. He said that the I-81 Study will rebuild both of those interchanges by adding
additional ramps and widening the interchanges; however, it will result in a situation where the connection of
Route 522 on 50 and the Aylor Road intersection on Route 277 is not physically possible in their present location.
He stressed that these traffic problems already exists and will continue to grow worse; he said that the absence
of an adopted traffic plan will result in a terrible traffic situation in Frederick County.
Commissioner Thomas raised a concern about the Route 277/ 81 interchange study area and the
section of two-lane road between Rt. 11 in Stephens City and I-81. Commissioner Thomas explained that Route
277 will be improved to four lanes to the overpass and then it will go into a two-lane road; he said there is nothing
that can be done to widen that two-lane road, unless two businesses, a church, and a couple historical buildings
are eliminated. He said that the option that was discussed, and what seemed most practical, is to move that
intersection off Rt. 81 about''/z mile south of its current location, to come out at the same location as the Route
651 extension. He said that this will need to be planned for as far as land use development in that area.
Commissioner Thomas stated that the problem will always be there and traffic is going to back up across the
bridge, unless plans are made for moving the intersection south now, while 277 is being repaired. He said that
the same situation is occurring at Route 522 near Costco.
The Planning Commission recognized both the importance of having an approved
comprehensive transportation plan that will accommodate travel demands to the year 2020, and the complexities
of the potential impacts at the two intersections discussed. They recommended that the plan be endorsed with
a caveat stating that the locality agrees with the plan up to the point of the two interchanges, which need further
study.
Upon motion made by Mr. Miller and seconded by Mr. Ours,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend
approval of the WATS Plan with two caveats pertaining to the proposed closing and relocation of Route 647 at
Route 277, and Route 522 at Routes 50/17; specifically, that additional studies of these intersections are to be
conducted and endorsed prior to the approval of any improvement plans impacting these intersections.
Frederick County Planning Commission
Minutes of June 3, 1998 Page 215
ADJOURNMENT
unanimous vote.
-8 -
No further business remained to be discussed and the meeting adjourned at 8:35 p.m. by
Respectfully submitted,
Kris C. Tierney, Secretary
Charles S. DeHaven, Chairman
Frederick County Planning Commission
Minutes of June 3, 1998 Page 216
•
C�
•
MEETING MINUTES
OF THE
FREDERICK COUNTY PANNING COMMISSION
Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in
Winchester, Virginia on June 17, 1998.
PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; John R. Marker, Vice-Chairman/Back
Creek District; Robert A. Moms, Shawnee District; Marjorie H. Copenhaver, Back Creek District; Roger L.
Thomas, Opcquon District; Richard C. Ours, Opequon District; John H. Light, Stonewall District; Terry Stone,
Gainesboro District; Robert M. Sager, Board Liaison; Vincent DiBenedetto, Winchester City Liaison. and Jay
Cook, Legal Counsel.
ABSENT: W. Wayne Miller, Gainesboro District; S. Blaine Wilson, Shawnee District; and George L.
Romine, Citizen at Large.
STAFF PRESENT: Kris C. Tierney, Director; Evan A. Wyatt, Deputy Director; Eric R Lawrence, Zoning
Administrator; and Carol I. Cameron, Clerk.
CALL TO ORDER
Chairman DeHaven called the meeting to order at 7:00 p.m.
MEETING MINUTES - MAY 20,1998 MEETING
Upon motion made by Mr. Marker and seconded by Mr. Thomas, the minutes of May 20, 1998
were unanimously approved as presented.
BIMONTHLY REPORT
Mr. Wyatt noted a correction to the Allied Wood Products rezoning item. He said that this
rezoning request is from RA to M1, not RA to B2.
Frederick County Planning Commission
Minutes of June 17, 1998 Page 217
-2 -
Chairman DeHaven accepted the report for the Commission's information.
ln. ,TjN11 T 1'EE 1DEPOD T S
Comprehensive Plans & Programs Subcommittee (CPPS)
Mrs. Copenhaver reported that the Board of Supervisors has agreed to have a worksession with
the Subcommittee and Commission on Wednesday, July 8, 1998 from 6:00 - 7:00 p.m. in the Board Room. She
said that the worksession is for discussion of the Southern Frederick Land Use Study.
Sanitation Authority SA - 06/16/98 Mtg.
Mrs. Copenhaver reported that the SA made a statement at the meeting regarding their position
on the consolidation of City and County utility systems; which declared that the SA has always endorsed regional
solutions to resource management. Mrs. Copenhaver said that the SA believes there are certain items that require
more study; however, they do want to go on record as not opposing this concept.
Winchester Planning Commission (WPC) - 06/16/98 Mtg.
Mr. Ours reported that the WPC rezoned 65 acres of land on Amherst, which is the Glass -Glen
Burnie site, from Low -Density Residential to the new EIP Zoning; the proposed plans are to build a 20,000
square foot structure for a museum. He said that the WPC rezoned several parcels along Papermill Road and
Shawnee Drive from High -Density Residential to Commercial B2 and Limited Industrial M1. Mr. Ours stated
that the WPC also passed along a resolution to City Council recommending approval of the WATS Plan;
however, they, similar to Frederick County, had a few areas of concern.
Frederick County -Stephens Cily Joint Planning Committee - 06/16/98 Mtg.
Mr. Thomas reported that the Joint Committee finished their initial discussions regarding the
boundary re -adjustments between Stephens City and Frederick County. He said that a draft proposal of the re-
adjustments will be brought before the Planning Commission at their next meeting.
Frederick County Planning Commission
Minutes of June 17, 1998 Page 218
-3 -
PUBLIC HEARINGS
Proposed Amendments to Chapter 165, Zoning, Article IV, Supplemental Use Regulations, Section 165-
48.6, "Commercial Telecommunications Facilities" of the Frederick County Code. The proposed
amendment modifies the existing Commercial Telecommunications Facilities requirements to require an
affidavit confirming the landowner's responsibility to reriove such commercial telecommunication
facilities once deemed abandoned. The amendment also requires that an attempt be made to co -locate
commercial telecommunication facilities prior to requesting a Conditional Use Permit to enable the new
construction of such facilities.
Action - Recommended Approval
Mr. Eric R Lawrence, Zoning Administrator, stated that at the Board of Supervisors' April 8,
1998 meeting, the Board directed the staff to research and consider amendments to the Commercial
Telecommunications Facility portion of the Zoning Ordinance. He said that in particular, the Board was
interested in more clearly defining methods guaranteeing a tower's removal, and confirmation that a conditional
use permit (CUP) applicant had made attempts to co -locate on existing towers. Mr. Lawrence said that the
Development Review & Regulations Subcommittee (DRRS) endorsed a number of amendments at their meeting
on April 23, 1998.
Questions were raised by Commission members about the practicality of and procedure for the
landowner being held responsible for removal of the tower, instead of the tower owner. One of the concerns was
that a property owner would not have the expertise for removing a tower.
Mr. Lawrence pointed out that if a landowner has a CUP on his property, regardless of what the
use is, that landowner is ultimately held responsible for the CUP use. Mr. Lawrence said that the staff wants to
make sure that the landowner is aware of that; and, before they enter into a lease agreement with a
communications company, that they are made aware that they could ultimately be held responsible for the tower's
removal. The staff pointed out that the County is not placing that responsibility on the landowner with this
amendment; the County is attempting to make property owners aware that the responsibility already exists,
because they are the landowner. It was noted that this is something the landowner needs to consider before they
enter a lease agreement and allow a tower to be erected on their property.
Mr. Thomas, a DRRS member, said that considerable discussion took place on this issue and
the final conclusion was reached because the landowner is the one who is making the profit from leasing his land
to the communications company. Mr. Thomas said that this amendment will ensure that the property owner is
aware of that responsibility.
There were no citizen comments.
Upon motion made by Mr. Ours and seconded by Mr. Thomas,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend
approval of the proposed amendments to the Commercial Telecommunication Facility portion of the Frederick
County Zoning Ordinance, which include:
1. Permitting commercial telecommunications facilities to locate on existing facilities (towers, buildings,
Frederick County Planning Cominission
Minutes of June 17, 1998 Page 219
-4 -
etc.) without requiring a CUP.
2. Requiring an applicant to provide confirmation that an attempt has been made to co -locate on existing
facilities.
Requiring a landowner to sign an affidavit acknowledging that removal of a commercial
telecommunications facility may be the responsibility of the landowner.
4. Requiring the removal of a commercial telecommunication facility once the tower has been abandoned
for more than 12 months.
Proposed amendment to Chapter 165, Zoning, Article IV, Supplemental Use Regulations, Section 48.1,
"Restaurants," of the Frederick County Code. The proposed amendment would allow "Eating Places"
(SIC 5812) with gross floor areas of less than 200 square feet to be located outside of shopping centers.
This application would pertain to properties located within the B1 Neighborhood Business District. The
amendment would also replace the word "Restaurants" with the words "Eating Places."
Action - Recommended Approval
Mr. Eric Lawrence, Zoning Administrator, stated that the proposed amendment would exempt
restaurants occupying structures of less than 200 square feet in B 1 Zoning Districts from locating within
shopping centers; this would enable the small stand -type restaurants, such as box lunch stands, frozen custard
stands, hamburger stands, ice cream stands, refreshment stands, sandwich stands, etc., to locate on smaller B 1 -
zoned properties, and not necessarily within shopping centers.
Mr. Lawrence explained that the B 1 Zoning District is intended to provide small business areas
to serve surrounding neighborhoods. He said that the permitted uses should be small in size and should not
produce substantial vehicle traffic in excess of what is usual in residential neighborhoods. Mr. Lawrence said
that the ideal B 1 Zoning District would be located in close proximity to residential neighborhoods, encouraging
pedestrian and bicycle traffic.
Mr. Lawrence concluded by saying that the Development Review & Regulations Subcommittee
(DRRS) reviewed this proposal during their May 28, 1998 meeting and believed the proposal was appropriate.
A question was raised by the Commission about the calculation of parking requirements.
Chairman DeHaven called for public comment and the following persons carne forward to speak:
Mr. Jim Wilson said that he attempted to make this same ordinance change himself
approximately three years ago. He said that 200 square feet or 10' X 20' is not quite suitable for a restaurant, in
his opinion. Mr. Wilson felt this amendment was serving the purposes of just one individual.
Frederick County Planning Commission
Minutes of June 17, 1998 Page 220
-5 -
Mrs. Jennie Pack, owner of Pack's Frozen Custard, said that she has been in business for the
past 19 years and now has eight locations in the area. She said that they are being moved from their current
location in Stephens City because the property has been sold to Waffle House. Mrs. Pack said that she would
like to remain in the Stephens City area and relocate her custard stand to the Emmert Oil property.
was appropriate.
No issues of concern were raised by the Commission. The Commission believed the amendment
Upon motion made by Mr. Thomas and seconded by Mr. Ours,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend
approval of the amendment to allow for Eating Places (SIC 5812), on properties located within the B1
Neighborhood Business District, with gross floor areas of less than 200 square feet, to be located outside of
shopping centers. The amendment would also replace the word "restaurants" with "eating places."
PUBLIC MEETINGS
Master Development Plan #004-98 for Tasker Road Land Bays 1-9, submitted by G. W. Clifford &
Associates, Inc. and Greenway Engineering, for the development of single-family detached traditional
units; single-family detached urban units; single-family detached cluster units; duplex and multiplex units;
and commercial use. The properties are located on the south side of Tasker Road (Route 642), the west
side of White Oak Road (Route 636), and the north side of Macedonia Church Road (Old Route 642), and
they are identified by P.I.N.s 75-A-104, 75-A-105, 75-A-117, and 76-A-31 in the Shawnee and Opequon
Magisterial Districts.
Action - Recommended Approval
Mr. Evan A. Wyatt spoke about the site history and project scope; he pointed out the location
of the development on display maps. Mr. Wyatt continued, speaking about the issues raised by the staff and the
various reviewing agencies.
Mr. Charles C. Maddox, Jr. with G. W. Clifford & Associates, Inc., the design engineers for this
project, introduced himself and Mr. Ronald Mislowsky, Chief Traffic Engineer also of G. W. Clifford &
Associates, and Mr. Mark Smith of Greenway Engineering. In addition, Mr. Maddox introduced Billy J. Tisinger,
Esq. and Mr. James Petry, who were representing the owner. Mr. Maddox accompanied his presentation with
a series of slides of the site. Mr. Maddox stated that the project centers around Warrior Road and he stressed the
need to accomplish this long -tern proposal. He said that the project developers are participating closely with the
County in negotiations with VDOT towards a revenue sharing program to implement the construction of the first
phase of Warrior Road He noted that a phasing plan for the development of each land bay area was anticipated
to be submitted before review of the master plan by the Board.
Chairman DeHaven called for public comment and the following persons came forward to speak:
Mr. Donald W. Luttrell, resident of the Opequon District, was concerned that County taxpayers
Frederick County Planning Commission
Minutes of June 17, 1998 Page 221
-6 -
would be funding the cost of construction for Warrior Road. Mr. Luttrell said that State highway money has been
applied for with intentions that the funds will be matched with County money. Mr. Luttrell didn't think it was
right for residents of Reynolds Store, Clearbrook, Star Tannery, etc. to pay for the construction of Warrior Drive
to enhance this developer's project.
Iviembers of the Commission noted that the open space area designated on the plan exceeded
the 15% allowable minimum and they asked the design engineer to comment on this. Mr. Maddox said that some
of the open space area is designated for road efficiency buffers, some for wetlands, and there are central drainage
areas that they wanted to avoid Mr. Maddox said that various land bays are also linked by bicycle and pedestrian
facilities through the open space area. Commission members felt the design engineer should minimize the amount
of open space designated on the plan, without increasing residential density; and if that amount was exceeded
through development, the applicant would not have to resubmit a revised plan.
Members of the Commission also discussed vehicular traffic patterns that would take place prior
to the completion of Warrior Road. It was assumed that traffic would use Aylor Road as the main route north
and south, or possibly White Oak Road or Route 636. A question was also raised about whether consideration
was given in the WATS Plan to the 1,100 additional residences on the Aylor Road and Fairfax Pike intersection.
The staff advised the Commission that this property was already zoned when the WATS land use projections
were done; therefore, the density was accounted for.
There was also some discussion on how this development differentiated from a PUD Zoning
development.
Members of the Commission commended the developers and the engineers for working together
on this project and submitting the master plan as one cohesive effort. The Planning Commission appreciated
the opportunity of reviewing the master plan comprehensively.
Upon motion made by Mr. Thomas and seconded by Mr. Ours,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of
Master Development Plan #004-98 of Tasker Road Land Bays 1-9 with a proviso that a phasing plan be provided
before the plan is considered by the Board of Supervisors, that the open space be shown on the plan as 15% with
no increase in density, that approvals are received from all review agencies, and that all comments of the staff,
the Planning Commission, and the Board of Supervisors are adequately addressed on the final plan.
DISCUSSION ITEMS
DISCUSSION OF PROPOSED AMENDMENT REGARDING WOODLANDS AND STEEP SLOPES
Mr. Eric R Lawrence, Zoning Administrator, said that the staff and the Development Review
& Regulations Subcommittee (DRRS), with assistance from members of the design and development community
and Frederick County's Engineer, Ed Strawsnyder, have concluded their study of the Woodlands and Steep Slope
portions of the Zoning Ordinance. Mr. Lawrence first summarized the woodlands preservation proposal. He said
that within commercial and industrial districts, the percentage of required woodlands preservation (25%-1000/o)
Frederick County Planning Commission
Minutes of June 17, 1998 Page 222
-7 -
would be eliminated; and, as an incentive to protect woodlands, a sliding scale will be used whereby the open
space requirement is reduced with increased preservation of woodlands. Mr. Lawrence said that a similar sliding
scale will be used within the residential districts; however, instead of a 100% woodlands disturbance allowance,
woodlands disturbance is limited to 75%. He explained that if a developer preserves more than 25% woodlands,
a credit is allowed towards reducing the open space requirement. He added that open space in residential districts
will be allowed to be reduced only to 30%.
Moving on to the steep slopes disturbance proposal, Mr. Lawrence said that steep slopes are
now defined as those areas with a slope of 15% or greater. Mr. Lawrence said that the proposal is to increase
the definition of steep slopes to those areas containing 25% or greater steep slopes. He stated that the County
Engineer believes this will not be a problem, as long as the area is designed correctly. Mr. Lawrence said that
the opportunity to disturb even steeper slopes would be available, provided that engineered site plans are
submitted to the County Engineer and approved.
Members of the Commission questioned whether or not the use of percentage figures was the
best way to refer to the degree of slopes. County Engineer, Ed Strawsnyder, didn't see any problems with using
this designation. Members of the Commission felt the increase to 25% for the steep slopes definition was still
a quite conservative figure and felt comfortable with the change. Commissioners also felt that the staff had done
a good job putting the amendments together. They believed it was a great improvement over the current standards
and the revisions placed challenges on the developer to design good plans by giving the developer some latitude
and leeway to be creative. Commission members agreed that the staff should schedule the amendment for public
hearing.
DISCUSSION ON THE STATUS OF THE SHENANDOAH VALLEY BATTLEFIELDS
NATIONAL HISTORIC DISTRICT COMMISSION
Mr. Kris Tierney, Planning Director, said that the Shenandoah Valley Battlefields National
Historic District Commission (Battlefield Commission) was established in 1996 by legislation that was passed
as part of the Omnibus Parks and Public Lands Management Act. Mr. Tierney said that this legislation
established a 19 -member commission made up of representatives throughout the Valley and its primary task is
to develop a plan for the preservation and management of historic and cultural resources throughout the Valley.
Mr. Tierney said that the Battlefield Commission has met monthly and has attempted to lay the
groundwork for the rules and operating procedures of the commission itself. He said that bylaws, a budget,
election of a chairman and vice-chairman, and establishment of committee structures have all been accomplished.
Mr. Tierney stated that a job description for an executive director has been drafted, the position advertised, and
interviews are scheduled for Monday, June 22. He commented that over 100 applications were received from all
over the country. Mr. Tierney continued, stating that this is a very ambitious project and the Battlefield
Commission's goal is to prepare a plan for the preservation, maintenance, and management of the sites
throughout the Valley. He said that the Federal Government is funding the Battlefield Commission $250,000
for administrative fees per year, which includes hiring staff and leasing office space. He said that a post office
box has been established in New Market and there is an agreement in principle with V.M.I. to lease office space
at the Hall of Valor in New Market. It is anticipated that this will be a formal lease agreement by July 1, 1998.
Mr. Tierney reported that beginning this Friday, the Battlefield Commission will have a three-day tour of all the
battlefields up and down the Valley.
Frederick County Planning Commission
Minutes of June 17, 1998 Page 223
-8 -
Mr. Tierney wanted the Planning Commission and the Board of Supervisors to know that this
Commission exists and that the Battlefield Commission could have a significant impact on Frederick County,
depending on the proposed plan and how it is put together. He said that the Battlefield Commission's Out -Reach
Committee will be becoming active in the upcoming months and he hoped the Planning Commission would meet
with them first-hand; he said that an integral part of the project will public participation. Mr_ Tierney concluded
by saying that as Frederick County's representative on the Battlefield Commission, he hoped to keep the Planning
Commission informed of whatever activities take place and to make sure the Planning Commission's voice is
heard in terms of how the plan develops.
ADJOURNMENT
No further business remained to be discussed and the meeting adjourned by unanimous vote.
Respectfully submitted,
Kris C. Tierney, Secretary
Charles S. DeHaven, Chairman
Frederick County Planning Commission
Minutes of June 17, 1998 Page 224
BIMONTHLY REPORT OF PENDING_ APPLICATIONS
(printed July 22, 1998)
Application �
adon
newlYb
submitted.
- tted
REZONING:
W. S. Frey Co., Inc. (Cedar
Land Co., L.C.) (Rez #010-98)
Stonewall 31.74 ac. from RA to EM
Location:
Approx. 1,600' east of the Martinsburg Pk. (Rt. 11) & Walters Mill
Rd. (Rt. 836) intersection; along & south of Walters Mill Rd.
108/12198
Submitted:
06/05/98
PC Review:
07/01/98 - recommended approval w/ proffers and condition
BOS Review:
BOS Review:
Allied Wood Products
(REZ #009-98)
Stonewall
13.96 ac from RA to Mi
Location:
Old Charles Town Rd. (Rt. 761), approx. 600' east of Rt. 11.
Submitted:
05/08/98
PC Review:
---707/08/98
06/03/98 - recommended approval w/ proffers
11
BOS Review:
- approved w/ proffers
MASTER DEVELOPMENT PLANS:
Tasker Road Land Bays 1-9
(MDP #004-
Opequon & Shawnee
commercial & residential uses for prop -
erties along Tasker Rd; 490 ac.(RP&B2)
Location:
New Tasker Road (Route 642)
Submitted:
05/29/98
PC Review:
06/17/98 - Recommended approval with conditions
BOS Review:
07/08/98 - approved with conditions
Admin. Approved:
Pending
Briarwood Estates (MDP 003-98)
Stonewall
230 sf dwellings on 90.64 ac. (RP)
Location:
East side of Greenwood Rd. (Rt. 656), midway betwn Senseny &
Valley Mill Rds.
Submitted:
04/21/98
PC Review:
05/20/98 - recommended approval
BOS Review:
05/27/98 -approved
Admin. Approved:
06/29/98
Zeigler Mechanical
(MDP #001-98)
Stonewall Mfg./Office on 25.185 ac. (MI)
Location:
Northwest corner of the Rt. 11N/ Rt. 668 intersection
Submitted:
03/23/98
PC Review:
04/15/98 - recommended approval
BOS Review:
OS/ 13!98 -approved
Admin. Approved:
06/29/98
SUBDIVISIONS:
Location: II Rt. 522 North at Lauck Drive
07/16/98
MDP #004-94 11 MDP Approved by BOS 09114/94; MDP Admin Approved 04/10/95
Subd. Admin.
Bimonthly Report
Printed July 22, 1998
Location: East side of Greenwood Rd. (Rt. 656) midway between Senseny Rd.
(Rt. 657) & Valley Mill Rd. (Rt. 659)
Submitted: 06/29/98
MDP #003-98 MDP approved by BOS 05/27/98; MDP Admin. Approved 06/29/98
Subd. Admin. Approved: Pending III
s Run L. P.
12-98)
Shawnee Subdivision of one lot (Lot 16);
5.000 acres (BM)
n:
fAMMDP
Comer of proposed Rainville Rd. & future Beechwood Dr.; Eastgate
Commerce Center
ed:
05/15/98
05-97:
Approved by BOS on 08/13/97; Approved Admin.on 10/28/97
dmin. Approved:
06/26/98
Bimonthly Report
Printed July 22, 1998 3
Lenoir City Co. of Virginia
(SUB #010-98)
Gainesboro
Subdivision of one lot (Lot 4); 2.6752
acres (Ml)
Location:
Lakeview Circle, Stonewall Industrial Park
Submitted:
05/26/98
MDP #006-93
Approved by BOS on 07/14/93; Approved Admin, on 07/28/93
Subd. Admin. Approved:
[0:7/17/98
Scully, Ltd. (SUB #009-98)
NO MDP
Opequon
I
Subd. of 6.4094 ac. into 2 lots
I (Bl & 132)
Location:
South side of Rt. 277 approx. 150'+ west of Stickley Drive
Submitted:
04/23/98
PC Review:
05/20/98 - recommended approval
BOS Review:
06/09/98 - approved
Subd. Admin. Approved:
06/25/98
Mark & Rachelle Repine
(SUB #004-98) NO MDP
Shawnee
Subdivision of 1.3719 ac. into 3 s.f. lots
I (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. Approved:
Pending
Chapel HiII Subdivision
(SUB #014-97)
Shawnee 34 S.F. Det. Urban Lots on 14.4214
acres (RP)
Location:
East side of Rt. 522, 0.15 mi. south of Longcroft Rd. (Rt. 785)
Submitted:
10/30/97
MDP #006-96:
Approved by BOS 08/14/96; Admin. Approved on 09/17/96
Subd. Admin. Approved:
Pending
Bimonthly Report
Printed July 22, 1998
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
G■hmittnrl •
(1Q/1 FilQ7
MDP #004-94
Approved by BOS 09/14/94; Admin. Approved 04/10/95
Slibd. Admin. Approved:
Pending
Lenoir City Co. Lot 2; StonewallGainesboro
Indust. Pk. (SUB #007-97)
Stonewall
Subdivision of a 2.6584 ac. lot (Ml)
Location:
McGhee Rd. (Rt. 861); approx. 1,000' from Tyson Dr. intersection
Submitted:
07/28/97
MDP #006-93
Approved by BOS 07/14/93; Admin. Approved 07/28/93
Subd. Admin. Approved:
Pending
Dominion Knolls (SUB #005-97)
Stonewall
75 s.f. zero lot line lots on 20.278 ac.
(RP)
Location:
So.west corner of Baker Ln. (Rt. 1200) & Ft. Collier Rd. (Rt. 1322)
Submitted:
05/16/97
MDP #001-97
Approved by BOS 04/09/97; Admin. Approved 06/30/97
Subd. Admin. Approved:
Section 1 (25 lots) approved 06/02/98
Winc-Fred Co. IDC (SUB)
Back Creek
2 M1 Lots (0.552 acres & 20.285 acres)
Location:
Southeast side of Development Lane
Submitted:
09/08/95
MDP #003-87:
Approved by BOS 07/08/87; Admin. Approved 06/08/88
Pending Admin. Approval
Awaiting signed plats.
Bimonthly Report
Printed July 22, 1998
RT&T Partnership (SUB)
Back Creek
I 1 Lot - 29.6 Acres (B2)
Location:
VaUey Pike (Rt. 11 So.)
Submitted:
05/17/95
MDP #003-91.
Ap roved by BOS 07/10/91; Admin. Approved 09/03/91
Pending Admin. A roval:
Awaiting submission 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 - approved
Pending Admin. Approval:
Awaiting deed of dedication, letter of credit, and signed plat
Harry Stim son (SUB)
Opeguon 7Two
B2 Lots
Location:
Town Run Lane
Submitted:
09/23/94
PC Review:
10/19/94 - recommended approval
BOS Review:
10/26/94 - approved
Pending Admin. Approval:
Awaiting signed plat.
SITE PLANS:
Bimonthly Report
Printed July 22, 1998
Bimonthly Report
Printed July 22, 1998
Bowling Green Ridge
(Shenandoah Mobile Co.) (SP
#040-98)
Gainesboro Telecommunications Facility; 4,900 s.f.
of 121.96 -ac. site to be developed (RA)
Location:
Stony Hill Rd. (Rt. 688)
Submitted:
06/10/98
Approved:
06/29/98
Bimonthly Report
Printed July 22, 1998
Hunting Ridge (Shenandoah
Mobile Co.) (SP #039-98)
Back Creek Telecommunications Facility; 4,900 s.f.
11 1 of 109 -acre site to be developed (RA)
Location:
Turtle Meadow Dr.
Submitted:
06110/98
1
Approved:
06/29/98
Sherando (Shenandoah Mobile
Co.) (SP #038-98)
Opequon
Telecommunications Facility; 4,900 s.f.
of 39.074 ac. site to be develo ed (RA)
Location:
Hudson Hollow Rd. (Rt. 636), Stephens City
1
Submitted:
06/10/98
A roved:
06/29/98
Timber Ridge (Shenandoah[Ejack
e Co.) (SP #037-98)
Creek
Telecommunications Facility; 4,900 s.E
of 120 -ac. site to be developed (RA)
ion:
[Approved:
arishville Rd. (Rt. 610), Gore
itted:
/ 10/98
_____]L/29/98
Pending
Zeigler Mechanical (SP #036-98)
Stonewall 22,870 sf mfg./office bldg;
6.809 ac. site (Ml)
Location:
NE corner of Rt. 11/ Rt. 668 intersection
Submitted:
06/10198
Approved:
Pending
Frederick County Sanitation
Auth. (SP #035-98)
Gainesboro
Water Storage Tank; 1.85 ac.
disturbed of a 2.7 ac. site (RA)
Location:
Southwest quadrant of Rt. 522 & Rt. 37 interchange
Submitted:
06/03/98
Approved:
Pending
Bimonthly Report
Printed July 22, 1998
Shenandoah Sand, Inc.
(SP #034-98)
Gainesboro
Office Addition; 0.075 ac. developed of
a 2.00 ac. site (MI)
Location:
275 Lenoir Drive; Stonewall Industrial Park
Submitted:
06/01/98
Approved:
06/29/98
Pack's Ice Cream (SP #033-98)
Opeguon
Seasonal Ice Cream Trailer (B1)
Location:
Aylor Road
Submitted:
05/07/98
Approved:
Withdrawn by Applicant on 07/14/98
Kentucky Fried Chicken
(SP #032-98)
Gainesboro
3,100 s.f. restaurant; 41,468.5 s.f, lot
area disturbed (B2)
Location:
885 Fox Drive
Submitted:
04/30/98
To PC by formal request:
07/01/98 - no action required
Approved:
07/10/98
Frederick Plaza (SP #030-98)
Gainesboro One-story bldg. w/ 7,000 sf retail &
2,000 sf drive-thr bank; 1.3 ac. (B2)
Location:
263 Sunnyside Plaza Circle
Submitted:
04/21/98
Approved:
Pending
Bimonthly Report
Printed July 22, 1998 10
7/11 Conven. Store w/ Gas Sales -
Southland Corp. (SP #029-98)
Back Creek
1
2,808 sf conven. store w/ gas sales; 1.22
ac. to be developed (RA)
Location:
Intersection of Rt. 50 and Ward Avenue
Submitted:
A
04/24/98
Approved:
Pending
Shenandoah Valley Baptist
Church (SP #028-98)
Opequon
3,463 s.L school addition; 0.65 ac.
disturbed of a 33.0541 ac. tract (RA)
Location:
4699 Valley Pike
Submitted:
04/20/98
Approved:
06/26/98
Schrock Bus Terminal
(SP #027-98)
Stonewall 16,200 s.f. bus terminal; 4 ac.
disturbed on a 9.8 ac. arcel; MI
Location:
Imboden Drive; Lot 7A, Baker Lane Industrial Park
Submitted:
04/09/98
Approved:
L06/23/98
Blue Ridge Grace Brethren
Church (SP #026-98)
Back Creek
Sanctuary Addition; 1.2 ac. developed
on a 10 ac. site (RA)
Location:
1025 Cedar Creek Grade
Submitted:
04/01/98
Approved:
Pending
Barrett Machine, Inc.
(SP #020-98)
Gainesboro
10,253s.L mfg.; 1,875 s.L office; 2.5ac.
of a 2.675 ac. site disturbed (MI)
Location:
Lakeview Circle, Lot 4, Stonewall Industrial Park
Submitted:
03/26/98
Approved:
Pending
Bimonthly Report
Printed July 22, 1998 11
Northwestern Workshop
(SP #012-98)
Stonewall
6,000 s.f. addit. to existing bldg. for
mfg. use on 6.072 ac. site (Ml)
Location:
828 Smithfield Avenue
Submitted:
02/24/98
Approved:
06/23/98
ind Apts. (SP #010-98)
Gainesboro
Garden apartments on 7.3 ac. of a
19.06 ac. tract (RP/P2)
FApproved:
Rt. 522N., 0.8+ mi. southeast of Rt. 37, behind Adelphia Cable Co.
Corner of
02/02/98
Submitted:
Pending
hite Properties at Eastgate
Fommerce Cntr. (SP #007-98) 1
Shawnee
Parking Lot; 0.2 ac. Disturbed on a
89.6 ac. Site (Ml)
Warehousing (self -storage) on 5 acres
1 (133)
Location:
Corner of
proposed Rainville Rd. & Tasker Dr. (Rt. 642)
Submitted:
02/02/98
Approved:
07/15/98
Southeast Container (SP #001-98)
Stonewall District
Parking Lot; 0.2 ac. Disturbed on a
89.6 ac. Site (Ml)
Location:
Ft. Collier Industrial Park
Submitted:
01/06/98
Approved:
Pending
Dr. Fairman Veterinary Office
(SP #029-97)
Stonewall
4,272 sq ft Veterinary Office on 1.4962
ac. arcel (132)
Location:
1092 Ho ewell Road
Submitted:
07/25/97
Approved:
06/29/98
Bimonthly Report
Printed July 22, 1998 12
Mobil -Wendy's 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 I
Agape Christian Fellowship
Church Sanctuary(SP #005-97)
Shawnee
Church Expansion; 2.5 ac. to be
developed of a 29.5115 ac. site (RA)
Location:
East side of Rt. 642; approx. 2,500' so. of the Rt. 37/I-81 Interchg.
Submitted:
02/12/97
Approved:
Pending
Shenandoah Bldg. Supply
(SP #056-96)
Gainesboro Warehouse on 5 acres (Ml)
Location:
195 Lenoir Drive (Stonewall Industrial Park)
Submitted:
12/16196
Approved:
Pending
Stimpson/Rt. 277 Oil & Lube
Service (SP #030-96)
Opequon
Oil & Lube Serv., Car Wash, Drive -
Thru on 2.97 ac. (B2)
Location:
152 Fairfax Pk. (behind Red Apple Country Store)
Submitted:
07/03/96
Approved:
Pending
[AMOCO/House of Gifts (SP
#022-96)
Gainesboro
Gas Pump Canopy 880 sq. ft. area of a
0.916 acre arcel (RA)
Location:
3548 North Frederick Pike
Submitted:
05/08/96
Approved:
Pending
Bimonthly Report
Printed July 22, 1998 13
American Legion Post #021
(SP #018-96)
Stonewall
1
Addition to lodge building on 3.4255
acre site (132)
{ .Location:
1730 Berryville Pike
Submitted:
04/10196
Approved:_
Pending
Wheatlands Wastewater Facility
(SP #047-89)
Opequon Treatment Facility on 5 Acres (R5)
Location:
So.West of Double Tollgate; adj. & west of Rt. 522
Submitted:
09/12/89
Note:
Being held at applicant's request.
Flex Tech (SP #057-90)
Stonewall
I Ml Use on 11 Ac. (M1)
Location:
East side of Ft. Collier Rd.
Submitted:
10/25/90
Note:
Being held at applicant's request.
CONDITIONAL USE PERMITS:
Bimonthly Report
Printed July 22, 1998 14
VARIANCES:
Bonnie J. Paulsen (VAR #015-98)
Shawnee
7.0' front yd. setback for an existing
office/ warehouse bldg.
Location:
1120 Welltown Road
Submitted:
06/08/98
BZA Review:
07/21/98 - approved w/ condition that inoperable trailer &
construction materials are removed from property within 6 mos.
Scott Wolford (for Ralph & Tina
Castano) (VAR #014-98)
Stonewall
10.6' front yd. setback variance for
front porch
Location:
1120 Welltown Road
Submitted:
06/15/98
BZA Review:
07/21/98 - approved
Bimonthly Report
Printed July 22, 1998 15
yH&Sharon Smithhawnee
kAR#Oi3-9L)==___
5.8' front setback for existing dwelling
Location:
109 Tyler Court, Wakeland Manor, Lot 87
Submitted:
06/08/98
BZA Review:
07/21/98 - approved
Bimonthly Report
Printed July 22, 1998 16
PC REVIEW: 08/05/98
BOS REVIEW: 09/09/98
CONDITIONAL USE PERMIT #003-98
AMERICAN HOUSE ASSISTED LIVING
Assisted Living Care Facility
LOCATION: This property is located northeast of Stephens City, on the south side of Tasker Road
(Rt. 642), 1,000 feet east of Aylor Road (Rt. 647), and 4,000 feet west of White Oak Road (Rt.
636).
MAGISTERIAL DISTRICT: Opequon
PROPERTY ID NUMBER: 75-A-104
PROPERTY ZONING & PRESENT USE: Zoned RP (Residential Performance) District; Land
Use: Vacant
ADJOINING PROPERTY ZONING & USE: Zoned RP (Residential Performance) District; Land
Use: Vacant and Residential
PROPOSED USE: Assisted living care facility
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: No objection to conditional use permit for this property.
However, prior to operation of the business, a commercial entrance must be constructed to
our minimum standards to allow for safe egress and ingress of the property. Any work
performed on the state's right-of-way must be covered under a land use permit. The permit
is issued by this office and requires an inspection fee and surety bond coverage.
Inspections_ Department: Building shall comply with the Virginia Uniform Statewide
Building Code and Section 310, Use Group R (Residential) of the BOCA National Building
Code/1996. Other codes that apply are CABO Al 17.1-92, Accessible and Useable Buildings
and Facilities. Please submit complete site plan for review and comment prior to building
permit application.
Fire Marshal: Detailed site plan required to show utilities.
American. House Assisted Living Cv'P #004-98
Page 2
July 24, 1998
Health Department: Water and sewer are available to this site. There is sufficient water
and sewer capacity to serve this site.
Planning and Zoning:
Assisted living care facilities are permitted in the RP (Residential Performance) Zoning
District with an approved conditional use permit. This property is part of the ' recently
approved "Land Bays" residential master development plan. The location of this proposed
facility is consistent with the design of the master plan, in particular, the design of Land Bay
1.
The proposed facility is located adjacent to Route 642, Tasker Road, and the Frederick
Woods subdivision. A road efficiency buffer is required along Tasker Road and a residential
separation buffer is required adjacent to the residential uses. Staff would recommend that, in
providing the required full screen, the applicant implements an earthen berm onto which the
landscape elements are placed. A significant earthen berm already exists along Tasker Road.
This, along with an earthen berm adjacent to the residential uses, will fulfill the opaque
element requirement of the full screen and will provide a permanent, natural buffer that would
significantly mitigate the impact of the facility on the adjoining residential properties and road
right-of-way.
An engineered site plan will be required for the construction ofthis facility. This site plan will
address all requirements of the Frederick County Zoning Ordinance and the concerns of the
reviewing agencies who have requested submittal of a detailed site development plan.
STAFF RECOMMENDATION FOR 8-5-98 PLANNING COMMISSION MEETING: Staff
recommends approval with the following conditions:
All review agency comments must be addressed and complied with at all times.
2. A site plan shall be approved by the County.
3. A six-foot high earthen berm shall be constructed to meet the opaque requirements
of the residential separation buffer.
4. Any expansion of this facility will require a revised CUP and a revised site plan.
5. Applicant must comply with all requirements of the state and county codes pertaining
to assisted living care facilities.
0: 1AgendaslCOMMENTS\AMERICACT TP
Submittal Deadline
P/C Meeting
BOS Meeting
APPLICATION FOR CONDITIONAL USE PERMIT
FREDERICK COUNTY, VIRGINTA
1. Applicant (The applicant if the owner other)
NAME: H mg
ADDRESS:
TELEPHONE
2. Please list all owners, occupants, or parties in interest of
the property:
6
3. The property is located at: (please give exact directions and
include the route number of your road or street)
4. The property has a road frontage of QCC_ feet and a
depth of Lq�� feet and consists of
(Please be exact) �.,'� acres.
5. The property is owned by as
evidenced by deed from,�.�A recorded
(previousowner)
in deed book no. L-34 on page as recorded in the
records of the Clerk of the Circuit Court, County of
Frederick.
6. 14 -Digit Property Identification No.�
Magisterial District
Current Zoning
7. Adjoining Property:
v# ,
USE
North
ZONING-'
East
South
West
S. The type of use proposed is (consult
before completing)
th the Planning Dept.
-
9. It is proposed that the following buildings will be
constructed: 1 Q I Q� CP` . ,C11 c, �J_ — (I-- -C) i
10. The following are all of the individuals, firms, or
corporations owning property adjacent to both sides and rear
and in -front of (across street from) the property where the
requested use will be conducted. (Continue on back if
necessary.) These people will be notified by mail of this
application:
NAME LIE 9,�1�aCADDRESS 11
PROPERTY ID#
NAMEas'I� _tet^rlr'l`-� ADDRESS
PROPERTY ID#
NAME 1 ` P �; A �, �" i r, �. �/ AD DRE S S
PROPERTY ID r
# ,, (� J - 1-2
► t�, ; sfo
NAME�k;`-����s 1 ��r•t ADDRESS
PROPERTY IDI DSL- I —1-S)
NAME ADDRESS
1
,
PROPERTY ID # ) -C;
t � ti.l € C' -� J�� t r 6 S
`h
N !^
NAME ��:;-�z�r�� F �, (�.c� �=��4, ADDRESS
PROPERTY ID#
r�
NAME C ADDRESSf�
' PROPERTY ID# I C� _' " - I.:�;�
l r`i �%� vF-
NAME ' i.' . � . . -ADDRESS
PROPERTY ID# rift -! - j - i�
� a r
���� / o
'
12. Additional comments, if any:
I (we), the undersigned, do hereby respectfully make application
and petition the governing body of Frederick County, Virginia to
allow the use described in this application. I understand that the
sign issued to me when this application is submitted must be placed
at the front property line at least seven (7) days prior to the
first public hearing and maintained so as to be visible until after
the Board of Supervisors' public hearing. Your application for a
Conditional Use Permit authorizes any member of the Frederick
County Planning Commission, Board of Supervisors or Planning and
Development Department to inspect your property where the proposed
use will be conducted.
Signature of Applicant
Signature of Owner
Owners' Mailing Address
Owners' Telephone No.
i t
i
0. 13(3x �
S�CPrrC�3 C�7
i UJ� X3, 6 -'EY
TO BE COMPLETED BY ZONING ADMINISTRATOR:
USE CODE:
RENEWAL DATE:
.N:
AMERICAN HOUSE
ASSISTED LIVING
CONDITIONAL USE PERMIT PLAN
SCALE: 1"=100'_ DATE: 7-7-98
'Engineers 151 WINDY HILL LANE
Surveyors WINCHESTER, VA, 22602
TELEPHONE: (540) 662-4185
971 FAX: (540) 722-9528
PC REVIEW: 08/05/98
BOS REVIEW: 08/12/98
CONDITIONAL USE PERMIT ##004-98
WENZEL AND GLENDA DOUSA
Commercial Outdoor Recreation - Miniature Golf Facility
LOCATION: This property is located at 154 Gainesboro Road.
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 29 -A -73C
PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) District; Land Use:
Vacant/Unused block building
ADJOINLNG PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land Use:
Residential and a convenience store with gasoline sales
PROPOSED USE: Seasonal miniature golf course
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: No objection to conditional use permit for this property.
However, prior to operation of the business, a commercial entrance must be constructed to
our minimum standards to allow for safe.egress and ingress of the property. Any work
performed on the state's right-of-way must be covered under a land use permit. The permit
is issued by this office and requires an inspection fee and surety bond coverage.
Inspections Department: Building shall comply with the Virginia Uniform Statewide
Building Code and Section 303, Use Group A (Assembly) of the BOCA National Building
Code/1996. Other codes that apply are CABO Al 17.1-92, Accessible and Useable Buildings
and Facilities. A floor plan shall be submitted at the time of permit application for change of
use; the plan shall include the seal of a licensed A/E within Virginia. Handicap parking
appears to be in compliance subject to striping an eight -foot section for van accessible
unloading. Note section 503 ofBOCAfor height limitation ofthe 5B construction of the top
Wenzel & Glenda Dousa CUP #004-98
Page 2
July 24, 1998
floor. If utilized, it shall be either a fire protection system installed or construction upgraded
to type 3B protected. Plumbing facilities shall comply with Section 404.1 of the International
Plumbing Code/1995 (the rate is one WC per 100 male; and one WC per 50 female).
Fire Marshal: Emergency vehicle access must be maintained during construction.
Health Department: Health Department has no objection to the above proposal as long as
adequate water supply and sewage disposal is provided. The applicant is in the process of
applying for a pump -and -haul sewage disposal permit through the County Administrator.
Any well drilled on the property must be permitted by the Health Department. If water is
made available to the public, the well must meet the requirements of Virginia's waterworks
regulations.
Planning and Zoning:
A commercial outdoor recreation facility is a permitted use in the RA (Rural Areas) Zoning
District with an approved conditional use permit. The proposed use, seasonal miniature golf,
meets the definition of a commercial outdoor recreation facility.
The Frederick County Comprehensive Plan addresses development within rural community
centers. While discouraging residential growth in the Gainesboro rural Community Center,
the Comprehensive Plan aims to provide for additional commercial uses in the Gainesboro
Community Center at a scale and nature that is appropriate for the Gainesboro area. This
development proposal is fitting and appropriate for this area. Within the vicinity of this
property is the Gainesboro community park and picnic shelter. The property directly across
the Route 522 right-of-way is the BP Service Station. In keeping with the rural nature of the
Gainesboro Community Center, staff would recommend limiting the size of an on -premise
business sign to a maximum of fifty (50) square feet in area.
The adjoining residential properties east and west of property should be adequately screened
from the proposed commercial use. When developing in the B 1 or B2 Zoning District
adjacent to Rural Area zoned land, a `B" category buffer is required. As this proposed use
is also a permitted B2 use, staff would recommend implementing this standard to include all
elements of a full screen.
An engineered site plan will be required for the development ofthis facility. This site plan will
address all requirements of the Frederick County zoning ordinance and the concerns of the
various reviewing agencies. In particular, parking requirements, screening, on-site lighting,
protection of environmental features, and land disturbance issues.
In addition, it is important to note that the building located on the property may only be used
Wenzel & Glenda Dousa CUP #004-98
Page 3
July 24, 1998
in conjunction with the proposed miniature golf facility. The blueprint detailing the
improvements to the existing building indicates that a portion of the first floor may be utilized
on a limited basis for scheduled assembly purpose on a seasonal basis. Use of this facility for
anything other than an approved commercial recreation facility would not be permitted and
would be inappropriate for the area. A
L -F CO '�) ,
STAFF RECOMMENDATION FOR 8-5-98 PLANNING COMMISSION MEETING: Staff
recommends approval with the following conditions:
All review agency comments must be addressed and complied with at all times.
2. A site plan shall be approved by the County.
A full screen shall be provided adjacent to the adjoining residential properties.
4. Any on -premise business sign along North Frederick Pike shall be limited to a
maximum of fifty (50) square feet in area. Any on -premise business sign along
Gainesboro Road shall be limited to a maximum oftwenty (20) square feet in area and
ten (10) feet in height.
Commercial entrances shall be located along Gainesboro Road.
6. Any expansion of use or change of use would require a new CUP.
O:\Agmdas\COMMENTS\DOUSA.CUP
CUP #004-98
Wenzel & Glenda Do -L
PIN: 29—A -73C
Produced by Frederick County Planning and Development, 07-22-98
DehovVen
I
II
51
50A
Thompson
73A
74 Dehaven 73C
B
73 Crouse
Goin 72 71
SbOro Po Fowle70
CUP #004-98
Wenzel & Glenda Do -L
PIN: 29—A -73C
Produced by Frederick County Planning and Development, 07-22-98
Submittal Deadline
P/C Meeting
BOS Meeting
APPLICATION FOR CONDITIONAL USE PERMIT
FREDERICK COUNTY; VIRGINIA
f 9p
9R
1. Applicant (The applicant if the owner o/ other)
ASS®GNev TV:
NAME: WEJ1JZE 4 R. Cs LEi,16A F.
ADDRESS: 884 EF8G"iezea, 0-HLtRC1q 4q0Ab GOIRE YA, 22G.B-/
TELEPHONE (6 qo) Sea- ;}?S'oi=AX'
2. Please list all owners, occupants, or parties in interest of
the property:
tOEIOZeL f-,. -' CLEMOA F. bousA
3. The property is located at: (please give exact directions and
include the route number of your road or street)
Sam NWZrY ¢ 6.?y - 16'V (J1A.1ESJ50rJ0 Rogb
4. The property has a
depth of i 3 -t-� . 7 V'
(Please be exact)
road frontage of 7-27-77" feet and a
feet and consists of .5.0q.T acres.
5. The property is owned
evidenced by deed from
in deed book no. 6 :�Z'
records of the Cler
Frederick.
�
by ,o- Jq . as
recorded
(previous owner)
on page 7 c?� as recorded in the
k of the Circuit Court, County of
6. 14 -Digit Property Identification No. 73 C
Magisterial District
Current Zoning a
7. Adjoining Property:
6
USE
North
a
EastT�=L-
~
South
West:-
6
a
ZON/I�NG
~
2L4
6
8. The type of use proposed is (consult with the Planning Dept.
before completing) 01-
9. It is proposed that the following buildings will be
constructed:
10. The following are all of the individuals, firms, or
corporations owning property adjacent to both sides and rear
and in front of (across street from) the property where the
requested use will be conducted. (Continue on back if
necessary.) These people will be notified by mail of this
application:
NAMEy1-��=�1, i��T'n. J?a3 ADDRESS 183,��=: S?�.
PROPERTY IDS`
NAME 21' )f R0,21-2,7' E . Jw4N L• ADDRESS
PROPERTY ID# 2� 9 - ,�; •- . 1
NAME �� ia-3�,+1=,�, o, .= r o ADDRESS S A,5ovr
L
PROPERTY ID#
NAME ADDRESS J Bio
PROPERTY IDS`
NAME /'ale AI. 14,
C. A-gmjLtq J. ADDRESS
I 'J ® z
PROPERTY ID#
NAME �°;3.v:z LL .ai ADDRESS
1 •S, .0 _ ate'
PROPERTY ID,#
yJ93V•Criti:�i�'.�f
LGwdS
NAME
ADDRESS��
TSL
;!jam.
PROPERTY ID#
_ �? - �.
;e, VA
2YG43
NAME �. r �J, r`��f�>�� = • �.:� ADDRESS,';�_;Laa
PROPERTY ID#
49 -
V 6'J, -2 V = S 7
NAME � r.'a�r ��5� d%, i�i. Prr%.�:=' ADDRESS
PROPERTY ID#�
NAME
ADDRESS
PROPERTY
ID#
NAME
ADDRESS
PROPERTY
ID#
NAME
ADDRESS
PROPERTY
IDI
NAME
ADDRESS
PROPERTY
ID#
NAME
ADDRESS
PROPERTY
ID#
NAME
ADDRESS
PROPERTY IDI
NAME ADDRESS
PROPERTY ID#
NAME ADDRESS
PROPERTY IDI
NAME ADDRESS
PROPERTY ID#
NAME
PROPERTY ID#
NAME
PROPERTY IDS
ADDRESS
ADDRESS
NAME ADDRESS
PROPERTY ID#
J
41f\`'•*o.;" '1 �'^�::. x .tv Pr.. ♦rn9,1 r i} 1y—
\, •�' ���; pt�:Eds'd� i';;�,- � ri+: ii� 'ii��'��,��, p: ' nJ� l+rry:
Aq
Li
ot
06
�-A—A
, t'9e: l i ,/�' � ' + i��/' i �� � % + u �d� ww. ! !4 ' !Y 3 !c' � F•
�t t�bHv i 1Y} f � �i � }I' - _ Y- F^ z �� � �t� ,, 8f<L n ('1� "- ( ��•r�t �4o9};'rl�� 1. 7 �.�
I
,� �..+i w.. - -- --.•..._-.. - 13T I ICS s'
`a'INUAt�I��
N
\o
'p4
F
•lam O11�' 7110WAS !M V,i Wi i
ll
R (LICENSE) Na.
1271
SURVEto
� c t
u� o
3.Q45 qQ.
> o.
} (2.977 AC.) ♦ F
151.000
`'
,b
rRON prpr ass
O W640 36
o
ul
_ AV M 0)A
q
a� N r ¢m
ac, a ,� tt iti ci n
Q vd Na
n?
rOO,Io j� o
N6401 W 14.354 M
Morn, tri
ROUTE 664 6V
R/yy
12. Additional comments, if any:
t'�1 add
IntE WOW -b 1..1KS T® RGC-oris
nfAr"P at, rno"i G-oL-Fr cease , (,D� P-ro
-TWE ?-Z0Pe&7'3 1-j"re(jQ D 3 F�ri'RAC-r ATFL- ECaE14T[®rat pioD
18Ecome I A -)VO -Ueb l^t C;"2 tAe1CoH N�Z . T141S PPIOZTEcT WILL
fit: AO nrsseT -ro TOE AREF11 slot TOG cammcpj-r;?
(we), the undersigned, do hereby respectfully make application
and petition the governing body of Frederick County, Virginia to
allow the use described in this application. I understand that the
sign issued to me when this application is submitted must be placed
at the front property line at least seven (7) days prior to the
first public hearing and maintained so as to be visible until after
the Board of Supervisors' public hearing. Your application for a
Conditional Use Permit authorizes any member of the Frederick
County Planning Commission, Board of Supervisors or Planning and
Development Department to inspect your property where the proposed
use will be conducted. A r1
Signature of Applicant
Signature of Owner
Owners' Mailing Address
Owners' Telephone No.
TO BE COMPLETED BY ZONING ADMINISTRATOR:
USE CODE:
RENEWAL DATE: