PC 07-01-98 Meeting AgendaAGENDA
FREDERICK COUNTY PLANNING COMMISSION
The Board Room
Frederick County Administration Building
Winchester, Virginia
JULY 1, 1998
7:00 P.M. CALL TO ORDER TAB
1) Bi -Monthly Report .................................................. A
2) Committee Reports.................................................(no tab)
3) Citizen Comments.................................................(no tab)
PUBLIC HEARING
4) Rezoning #010-98, W. S. Frey, Inc. (Cedar Land Co., L.C.), submitted by G. W_ Clifford
& Associates, Inc. to rezone 31.74 acres from RA (Rural Areas) to EM (Extractive
Manufacturing) District. This property is located approximately 1,600 ± feet east of the
intersection of Martinsburg Pike (Route 11 N.) and Walters Mill Lane (Route 836), and is
identified with Property Identification Number 44-A-96 in the Stonewall Magisterial
District.
(Mr. Wyatt) ...................................................... B
DISCUSSION ITEM
5) Discussion of Site Plan #032-98, Kentucky Fried Chicken
(Mr. Ruddy) ....................................................... C
6) Discussion of Proposed Boundary Line Adjustment Between the Town of Stephens
City and Frederick County
(Mr. Tierney) ...................................................... D
7) Other
BIMONTHLY REPORT OF PENDING APPLICATIONS
(printed June 18, 1998)
Application catcoo new/ subml
tied.
,� I T
Allied Wood ProductsStonewall
(REZ #009-98)
Opequon & Shawnee commercial & residential uses for prop -
erties alan Tasker Rd; 490 ac.(RP&B2
13.96 ac from RA to Ml
Location:
Old Charles Town Rd. (Rt. 761), approx. 600' east of Rt. 11.
Submitted:
05/08/98
PC Review:
06/03/98 - recommended approval w/ proffers
BOS Review:
07/08/98
MASTER DEVELOPMENT PLANS:
Tasker Road Land Bays 1-9
DP #004-98
Opequon & Shawnee commercial & residential uses for prop -
erties alan 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
Admin. Approved:
Pending
Briarwood Estates (MDP 003-98}
Stonewall 775;0
sf dwellings on 90.64 ac. (RP)
I 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
Subd. Admin. Approved:
Pending
Zeigler Mechanical
(MDP #001-98)
Stonewall Mfg./Office on 25.185 ac. (Ml)
Location:
Northwest comer of the Rt. l IN/ Rt. 668 intersection
Submitted:
03/23/98
PC Review:
04/15/98 - recommended approval
BOS Review:
05/13/98 - approved
Admin. Approved:
Pending
SUBDIVISIONS:
Wright's Run L. P.
(SUB #012-98)
Shawnee
Subdivision of one lot (Lot 16);
5.000 acres (B3)
Location:
Corner of proposed Rainville Rd. & future Beechwood Dr.; Eastgate
Commerce Center
Submitted:
05/15/98
MDP #005-97:
Approved by BOS on 08/13/97; Approved Admin. On 10/28/97
Subd. Admin. Approved:
Pending
Bimonthly Report
Printed June 18, 1998
Sunset Memorial (SUB #011-98)
No MDP - RA Subdivision I
Shawnee
Subd. of a 1.397 ac. lot (132); remaining
acreage: 30.915 ac. (RA)
Location:
1270 Front Royal Pike
Submitted:
05/!3/98
Subd. Admin. Approved:
Approved May 13, 1998
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:
Pending
Scully, Ltd. (SUB #009-98)
NO MDP
Opequon
Subd. of 6.4094 ac. into 2 lots
(Bl & B2)
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:
Waiting for final plat & deed of dedication
Mark & Rachelle Repine
(SUB #004-98) 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. Approved:
Pending
Bimonthly Report
Printed June 18, 1998
Chapel Hill Subdivision
(SUB #014-97)
Shawnee
34 S.F. Det. Urban Lots on 14.4214
1 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
Star Fort, Sect. H (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 (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
Bimonthly Report
Printed June 18, 1998
Wine -Fred Co. IDC (SUB)
Back Creek
1 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.
RT&T Partnership (SUB)
Back Creek
1 Lot - 29.6 Acres (132)
Location:
Valley Pike (Rt. 11 So.)
Submitted:
05/17/95
MDP #003-91
Approved by BOS 07/10/91; Admin. Approved 09/03/91
Pending Admin. Approval:
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 - recomnnended approval
BOS Review:
06/13/90 - approved
Pending Admin. Approval:
Awaiting deed of dedication, letter of credit, and signed plat
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 - approved
Pending Admin. Approval:
Awaiting signed plat.
Bimonthly Report
Printed June 18, 1998
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Location:
Stony Hill Rd. (Rt. 688)
Submitted:
06/10/98
Approved:
Pending
Bimonthly Report
Printed June 18, 1998 6
Shenandoah Sand, Inc.
(SP #034-98)
Gainesboro
Office Addition; 0.075 ac. developed of
a 2.00 ac. site (Ml)
Location:
275 Lenoir Drive; Stonewall Industrial Park
Submitted:
06/01/98
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
Pack's Ice Cream (SP #033-98)
Opeguon
Seasonal Ice Cream Trailer (B1)
Location:
Aylor Road
Submitted:
05/07/98
Approved:
Pending
[Kentucky Fried Chicken
(SP #032-98)
Gainesboro
3,100 s.f. restaurant; 41,468.5 s.f, lot
area disturbed (132)
Location:
885 Fox Drive
Submitted:
04/30/98
To PC by formal request:
07/01/98
A roved-
Lpending
Bimonthly Report
Printed June 18, 1998
McElroy Metal Inc. (SP #031-98)
Stonewall
21,080 s.f. addition to existing bldg.;
4.99 ac. parcel (MI)
Location:
325 McGhee Road
Submitted:
04/28/98
IApproved: 1[0
I
Frederick Plaza (SP #030-98)
Gainesboro
One-story bldg. w/ 7,000 sf retail &
2,000 sf drive-thr bank; 1.3 ac. (112)
Location:
263 Sunnyside Plaza Circle
Submitted:
04/21/98
Approved:
Pending
7/11 Conven. Store w/ Gas Sales -
Southland Corp. (SP #029-98)
Back Creek
2,808 sf conven. store w/ gas sales; 1.22
1 ac. to be developed (RA)
Location:
Intersection of Rt. 50 and Ward Avenue
Submitted:
04/24/98
Approved:
Pending
Shenandoah Valley Baptist
Church (SP #028-98)
Opequon
3,463 s.f. school addition; 0.65 ac.
disturbed of a 33.0541 ac. tract (RA)
Location:
4699 Valley Pike
Submitted:
04/20/98
Approved:
Pending
Schrock Bus Terminal
(SP #027-98)
Stonewall
16,200 s.f. bus terminal; 4 ac.
disturbed on a 9.8 ac.parcel; M1
Location:
Imboden Drive; Lot 7A, Baker Lane Industrial Park
Submitted:
04/09/98
Approved:
Pending
Bimonthly Report
Printed June 18, 1998
Blue Ridge Grace Brethren
Church (SP #026-98)
Back Creek
Sanctuary Addition; 1.2 ac. developed
1 on a 10 ac. site (RA)
Location:
1025 Cedar Creek Grade
Submitted:
04/01/98
Approved:
Pending
Timber Ridge Residential Treat-
ment Center (SP #024-98)
Gainesboro
13,440 s.f. 2 -story bldg.; 0.75 ac.
disturbed of a 126.244 ac. site (RA)
Location:
1463 New Hoe Road
Submitted:
03/31/98
Approved:
Approved June 2, 1998
M.M.&O. Partnership
(SP #023-98)
Stonewall
0.3648 ac. site to be developed for a
1 storage facility addition (M2)
Location:
812 North Kent Street
Submitted:
03/30/98
Approved:
06/11/98
D -K Erectors & Maintenance, Inc
(SP #022-98)
Gainesboro
10,524 metal fabric./equip. main. bldg;
1 75,000 sf disturb. on 10.00 ac. site(M2)
Location:
4530 Northwestern Pike
Submitted:
03/25/98
Approved:
06/11/98
Barrett Machine, Inc.
(SP #020-98)
Gainesboro
10,253s.f. mfg.; 1,875 s.f. 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 June 18, 1998
Northwestern Workshop
(SP #012-98)
Stonewall
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:
06/09/98
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
White Properties at Eastgate
Commerce Cntr. (SP #007-98)
Shawnee
Warehousing (self -storage) on 5 acres
1 (B3)
Location:
Comer of proposed Rainville Rd. & Tasker Dr. (Rt. 642)
Submitted:
02/02/98
Approved:
Pending
Southeast Container (SP #001-98)
Stonewall District
Parking Lot; 0.2 ac. Disturbed on a
89.6 ac. Site (Ml)
Location:
Ft. Collier Industrial Park
Submitted:
01/06/98
Approved:
Pending
Bimonthly Report
Printed June 18, 1998 10
Dr. Fairman Veterinary Office
(SP #029-97)
Stonewall
4,272 sq ft Veterinary Office on 1.4962
ac. parcel (B2)
Location:
1092 Hopewell Road
Submitted:
07/25/97
Approved:
Pending
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
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 Intercli.
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:
12/16/96
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
Bimonthly Report
Printed June 18, 1998 11
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 J
American Legion Post #021
(SP #018-96)
Stonewall
1
Addition to lodge building on 3.4255
acre site (132)
Location:
1730 Berryville Pike
Submitted:
04/10/96
Approved:
Pending
Wheatlands Wastewater Facility Opequon Treatment Facility on 5 Acres (R5)
(SP #047-89)
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
Ml Use on 11 Ac. (M1)
Location:
East side of Ft. Collier Rd.
Submitted:
10/25/90
Note:
Being held at applicant's request.
Bimonthly Report
Printed June 18, 1998 12
CONDITIONAL USE PERMITS:
Roy R. Beatty (CUP 002-98)
Back Creek
Autobod work w/o repair (RA)
Location:
621 Klines Mill Road, Middletown
Submitted:
05/08/08
PC Review:
06/03/98 - recommended approval w/ conditions
BOS Review:
07/08/98
VARIANCES:
Pine Knoll Const./Jeffrey Jenkins
(APPEAL #012-98)
Stonewall
Appeal of Admin. Decision by Zoning
Administrator
Location:
north of Redbud Rd. (Rt. 661)
Submitted:
05/07/98
BZA Review:
06/16/98 - - - WITHDRAWN 6-16-98 - - - 11
Bimonthly Report
Printed June 18, 1998 13
Cynthia D. Ebert (VAR #011-98)
Shawnee
11' rear yd. var. for addition to
existing dwelling
Location:
208 Lakeridge Drive, Stephens City
Submitted:
05/22/98
13ZA Review:
06/16/98 - Approved
Bimonthly Report
Printed June 18, 1998 14
PC REVIEW DATE: 07/01/98
BOS REVIEW DATE: 08/12/98
REZONING APPLICATION #010-98
W. S. FREY COMPANY, INC.
(Cedar Land Company, L.C.)
To rezone 31.74 acres from RA (Rural Areas) to EM (Extractive Manufacturing) District
LOCATION: This property is located approximately 1,600 + feet east of the intersection of
Martinsburg Pike (Route 11 N.) and Walters Mill Lane (Route 836).
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBERS: 44-A-96
PROPERTY ZONING & PRESENT USE:
Zoned: RA, Rural Areas District Land Use: Vacant
ADJOINING PROPERTY ZONING & PRESENT USE:
North: Zoned: EM, Extractive Manufacturing District Use: W. S. Frey Quarry
South: Zoned: RA, Rural Areas District Use: CSX Railroad;
Residential; Agricultural
East: Zoned: RA, Rural Areas District Use: Residential; Agricultural
West: Zoned: RA, Rural Areas District Use: Residential
PROPOSED USE: Continuation of subsurface mining and quarry operation.
REVIEW EVALUATIONS:
Virginia Deft. of Transportation: No objection to the rezoning of this property. Before
development, this office will require a complete set of construction plans detailing entrance designs,
drainage features, and traffic flow data from the I.T.E. Trip Generation Manual, Sixth Edition, for
W. S Frey, Inc. (Cedar Land Co., L.C.); REZ #010-98
Page 2
June 18, 1998
review. Any work performed on State rights-of-way must be covemd under a land use permit. This
permit is issued by this office and requires an inspection fee and surety bond coverage.
Public Works: Every effort shall be made to protect the groundwater and surface water sources
along the western property boundaries. Appropriate buffers shall be installed and maintained during
the life of the mining operations.
County Attorney: Do not believe that the applicant can proffer no access to roadway by W. S. Frey
vehicles or drivers. The applicant could proffer that access to the road would be closed. The rest
appears to be of proper form.
Planning c& Zoning:
1) Site History
The original Zoning Map for Frederick County (USGS - Stephenson Quadrangle) demonstrates that
the properties owned by the W. S. Frey Company, Inc., that are located on the north side of Walters
Mill Lane (Route 836) were zoned MZ (General Industrial) District. These properties were rezoned
to EM (Extractive Manufacturing) District as a part of the Comprehensive Rezoning initiated by the
Board of Supervisors on October 8, 1980.
The W. S. Frey Company, Inc., also owns property on the south side of Walters Mill Lane. This
property, totaling 121, acres was originally zoned A-2, Agricultural General District and is now zoned
RA (Rural Areas) District. The W. S. Frey Company, Inc., has requested to rezoned 31.74 acres of
this 121 acre tract.
2) Location
The 31.74 acres proposed for rezoning is located in the Sewer and Water Service Area (SWSA) and
is part of the acreage incorporated into the study area for the Route 11 North Corridor Plan. The
31.74 acres is within an area depicted for future industrial in the Route 11 North Corridor Plan.
3) Site Suitability
The 31.74 acres proposed for rezoning does not contain areas of steep slope, flood plain, wetlands,
or woodlands. The portion of this acreage on the north side of Walters NO Lane contains a small
amount of Carbo Silt Loam soils (5B) which are classified as prime agricultural soils.
The Frederick County Rural Landmarks Survey identifies two structures within the proximity of the
W. S Frey, Inc. (Cedar Land Co., L. C.); REZ #010-98
Page 3
June 18, 1998
31.74 acres proposed for rezoning. One of these structures, identified as the Zinn House (34-114)
is identified as a potentially significant historic structure by the survey. Staff has walked- the -acreage
proposed for rezoning and believes that the continuation of the subsurface mining and quarry
operation will not impact the viewshed or property associated with this historic resource.
4) Potential Impacts
1) Walters Mill Lane
Approval of this rezoning application would necessitate the relocation of Walters Mill Lane
to the south. Walters Mill Lane is identified on the Frederick County Secondary Road
Improvement Plan as an unscheduled hardsurface project. The Virginia Department of
Transportation (VDOT) will require the applicant to submit an engineered plan which
accounts for right-of-way dedication and construction of this realignment. Hardsurface
improvements to Walters Mill Lane need to be a component of this relocation project.
2) Expansion of Current Operation
The proximity of the 31.74 acres to adjoining residents and other land uses does not appear
to create any significant impacts associated with the subsurface mining and quarry operation.
The W.S. Frey Company, Inc., is required to obtain a permit from the Department of Mines,
Minerals and Energy (DMME) for their operation. This permit is subject to annual renewal,
which has been approved by DMME through December 28, 1998. The W. S. Frey Company,
Inc., is required to file for an amendment to the DMME permit should this 31.74 acres be
rezoned by the Board of Supervisors.
The W.S. Frey Company, Inc., is subject to DNMffi and Department of Environmental
Quality (DEQ) compliance for dust, and noise impacts. Operations are required to keep dust
down by watering, while berming, screening, and equipment mufflers are required to mitigate
noise impacts. The DMME permit does not regulate hours of operation; however, it does
prohibit blasting during non -daylight hours. The DMME will inspect mining operations if
complaints are received to ensure compliance with their permitting requirements. The annual
renewal of the DMME permit is contingent upon compliance with these requirements.
3) New Structure Development
Staff advised the project engineer that it would not be necessary to run the Capital Facilities
Impact Model for this rezoning application or obtain review agency comments from the Fire
Marshal and Building Official if no new structures were to be developed on the 31.74 acres.
W. S Frey, Inc. (Cedar Land Co., L.C.); REZ 9010-98
Page 4
June 18, 1998
The Impact Analysis Statement indicates that there are no habitable structures planned for
development on the 31.74 acres; however, this is not a condition of the proffer statement.
5) Proffer Statement
The applicant has prepared a proffer statement which has been signed, notarized, and reviewed by
the County Attorney. The applicant has proffered to construct the relocated portion of Walters Mill
Lane in accordance with VDOT standards and specifications, and has proffered no access to this road
by W. S. Frey Company vehicles.
STAFF RECOACWENDATION FOR 07/01/98 PLANNING COAINUSSION MEETING:
The proposal to rezone 31.74 acres from RA (Rural Areas) District to EM (Extractive
Manufacturing) District is compatible with existing land use and is consistent with the Route 11 North
Corridor Plan. The applicant has proffered to relocate Walters Mill Road as required by VDOT.
Staff believes that the applicant should consider the inclusion of -language in the proff -statement
which prohibits the development of structures within the 31.74 -acre area. Staff would also
recommend that the applicant revise the proffered condition for access onto Walters Mill Lane to
address the concerns expressed by the County Attorney. Staff believes that the request to rezone
this 34.71 -acre area would be appropriate, provided that the applicant adequately address the issues
raised by staff.
G:\AGENDAS\REzoNMCOmmMNTS\ws_FREY.REZ
Rezoning #010-98 PIN: 44—A-96
W.S. Frey Co., Inc. (Cedar Land Co., L.C.)
Produced by Frederick County Planning and Development, 06-16-88 46
The following information shall be provided by the applicant:
All parcel identification numbers, deed book and page numbers may be obtained from the Office
of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester.
1. Applicant:
Name: G.W. Clifford & Associates, Inc. Telephone: 540-667-2139
Address: 200 N. Cameron Street
Winchester, VA 22601
2. Property Owner (if different than above)
Name: Cedar Land Co. , LC Telephone: 540-662-3855
Address: P.O. Box 219
Clearbrook, VA 22624
3. Contact person if other than above
Name: Stephen M. Gyurisin Telephone: 540-667-2139
4. Checklist: Check the following items that have been included with this application.
Location map x A,;encti- Comments x
Plat X Fees X
—Deed to propert} X Impact Analysis Statement N/A
Verification of taxes paid X Proffer Statement x
,l 1
5. The Code of Virginia allows us to request full disclosure of ownership in relation to
rezoning applications.
Please list below all owners or parties in interest of the land to be rezoned:
Cedar Land Co., LC
W.S. Frey Company, Inc.
6.' A) Current Use of the Property: Vacant
B) Proposed Use of the Property: Continuation of quarry
7. Adjoining Property:
PARCEL ID NUMBER
44'((A))'96
44'((A))'97
USE
Quarry
Quarry
ZONING
EM
& RA
EM
S. Location: The property is located at (give exact location based on nearest road and distance
from nearest intersection. using road names and route numbers):
Approximately 1600 +/- feet east of the intersection of
U.S. Route 11 (Martinsburg Pike) and VA Route 836 (Walters
Mill Road) along and south of VA Route 836
Information to be Submitted for Capital Facilities Impact Model
In order for the Planning Staff to use its capital facilities impact model, it is necessary for the
applicant to provide information concerning the specifics of the proposed use. Otherwise, the
planning staff will use the maximum possible density or intensity scenario for the proposed Zoning
District as described on Page 9 of the application package.
9. Parcel Identification/Location: Parcel Identification Number 44-((a))-96
Magisterial: Stonewall
Fire Service: Clearbrook
Rescue Service: Clearbrook
Districts
High School: James wood
Middle School: James wood
Elementary School: -Stonewall
10. Zoning Change: List the acreage included in each new zoning category being requested_
Acres Current Zoning
Zoning Requested
'31.74 RA
EM
Total acreage to be rezoned
11. The following information should be provided according to the type of rezoning
proposed
Number of Proposed - N/A
Single Family homes: Townhome: Multi -family: _
Non -Residential Lots: Mobile Home: Hotel Rooms:
Square Footage of PrgRosed Uses - N/A
Office:
Retail:
Restaurant:
Service Station:
Manufacturing:
Warehouse:
Other:
Proposed use is continuation of existing quarry
13
12. Signature:
I (we), the undersigned, do hereby respectfully make application and petition the Frederick
County Board of Supervisors to amend the zoning ordinance and to change the zoning map
of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the
property for site inspection purposes.
I (we) understand that the sign issued when this application is submitted must be placed at
the front property line at least seven days prior to the Planning Commission public hearing
and the Board of Supervisors' public hearing and maintained so as to be visible from the
road right-of-way until the hearing.
I (we) hereby certify that this application and its accompanying materials are true and
accurate to the best of my (our) knowledge.
Applicant(s):
_ ,� •
A Lb
Owner(s):�
-tx a
T�
14
Date: L�
Date:
Date:
Date:
,/Adjoining Property Owners
Rezoning
Owners of property adjoining the land will be notified of the Planning Commission and the Board
of Supervisors meetings. For the purpose of this application, adjoining property is any property
abutting the requested property on the side or rear or any property directly across a public
right-of-way, a private right-of-way, or a watercourse from the requested property. The
applicant is required to obtain the following information on each adjoining property including the
parcel identification number which may be obtained from the office of the Commissioner of
Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick Counn_
Administrative Building, 107 North Kent Street.
Name and Property Identification Number
Address
Name Cedar Land Co., LC
P.O. Box 219
Clearbrook, VA
22624
Prooerry ' 44- ( (A) ) -96 & 97
Name Gregory H. & Kathryn E. Williams
P.O. Box 443
Stephenson, VA
22656
Property" 44-((A))-106
Name Harold D. Poole
580 Walters Mill
Stephenson, VA
Road
22656
Prooem- = 44-((A))-105
Name Esten O. Rudolph & Jane Y. Rudolpt
226 Littler Lane
Stephenson, VA
P.O. Box. 155
Stephenson, VA
22656
22656
Prooem— 44-((A))-109
Name T. Earl &Hazel T. Haines
Prooern = 44-((A))-115
Name Jane Brumback Bachmann
Prooerry = 44-((A))-95
276 Burlington
Harwinton, CT
Road
06791
Name Ronald N. & Janice F. Neff Et Als
P.O. Box 244
Stephenson, VA
22656
Prooern - 44-((A))-85
Name Alan N. & Susan J. Cutshaw
P.O. Box 37
Stephenson, VA
22656 i
Prooern = 44 -((A)) -96B
Name Gregory G. & Jane D. Roberts
160 Walters Mill
Stephenson, VA
Lane
i
22656
Prooerv, = 44 -((A)) -96A
Name Verlo & Ailenn Cutshaw
1984 Martinsburg
Winchester, VA
Pike
22603
ProoerT% = 44- ( (A)) -96C
Address
Name and Pr® erty Identification Number
Name Max J. & Mar aret M. Umbenour
194 Welltown Ct.
Winchester, VA 22603
Prooem # 44-((A))-84
Name Rudolph C. & Frances G. Martin
3004 Martinsubrg Pike
Stephenson, VA 22656
Pro err # 44-((A))-83
Name
Property #
Name
Property #
Name
Prooerry #
Name
Property 4
Name
Provers
Name
Properry
Name
Proverty
Name
Provem- j
Name
Proverw
Name
Provera =
Name
i
ProvertN =
Name
i
i
i
Provera =
REZONING REQUEST PROFFER
Property Identification Numbers 44-((A))-95
Stonewall Magisterial District
CEDAR LAND COMPANY, LC
"W. S. Frey Company, Inc."
Preliminary Matters
Pursuant to Section 15.2 - 2296 et. see. of the code of Virginia, 1950, as amended,
and the provisions of the Frederick County Zoning Ordinance with respect to
conditional zoning,, the undersigned applicant hereby proffers that in the event
the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning
Application # for the rezoning of 31.74 acres from Rural Area (RA) to
Extractive Manufacturing (EM) Zoning District, development of the subject
property shall be done in conformity with the terms and conditions set forth
herein, except to the extent that such terms and conditions may be subsequently
amended or revised by the applicant and such be approved by the Frederick
County Board of Supervisors in accordance with Virginia law. In the event that
such rezoning is not granted, then these proffers shall be deemed withdrawn and
of no effect whatsoever. These proffers shall be binding upon the applicant and
their legal successor or assigns.
Transl2ortation Improvements to Offset Iml2act of Development
In the event, the property is rezoned to EM and used for mining extraction
Virginia Secondary Route 836 shall be relocated by W. S. Frey Company, Inc. The
relocated portion of Virginia Secondary Route 836 shall be constructed in accord
with the Virginia Department of Transportation (VDOT) Standards and
Specifications including the road design manuals.
Traffic Considerations for Virginia Secondary Route 836
W. S. Frey Company, Inc. mining operation vehicles shall not access Virginia
Secondary Route 836.
REZONING REQUEST PROFFER
Property Identification Number 44-((A))-96
'W. S. Frey, Company, Ina "
Page 2
The conditions proffered above shall be binding upon the heirs, executors,
administrators, assigns and successors in interest of the Applicant and Owner. In
the event the Frederick County Board of Supervisors grant said rezoning and
accepts these conditions, the proffered conditions shall apply to the land rezoned
in addition to other requirements set forth in the Frederick County Code.
Respectfully submitted,
PROPERTY OWNER:
By:'M , r
STATE OF VIRGINIA, AT LARGE
Date: 6-3—q8
Date:
FREDERICK COUNTY, To -wit:
The foregoing instrument was acknowledged before me this day of 1998,
My Commission expnres 0/11
NotaiyPublic
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
The foregoing instrument was acknowledged before me this
by
My Commission expires
tr. �
day of 1998,
Cedar Land Company, Inc.
"W.S. Frey Company, Inc."
Rezoning Request RA to EM
31.74 Acres • Tax Map 44-A-96
Stonewall Magisterial District
Review of Impact Analysis Statement Components.
Purpose - The purpose of this request is to add 31.74 acres of Extractive Manufacturing (EM)
zoning district allowing W. S. Frey Company, Inc. to continue the existing limestone
quarry on property owned by W. S. Frey Company, Inc.
Background - Presently Cedar Land Company, Inc. (W.S. Frey Company, Inc.) owns a considerable
amount of property in the Clearbrook area. The property requested to be rezoned from
Rural Area (RA) to Extractive Manufacturing (EM), 31.74 acres is a portion of a larger
tract that is actively being mined. The larger tract has both RA and EM zoning
classifications. The zoning district boundary splits the property. To the south of the
existing quarry along Va. Sec. Route 836 favorable geology continues allowing W.F. Frey
Company, Inc. to move into the area identified for EM zoning.
A portion of Va. Sec. Route 836 will be designed and relocated in accord with Virginia
Department of Transportation standards. The portion of the road requiring relocation for
the quarry operation is located on property owned by Cedar Land Company, Inc. The
owner has proffered that the road will be relocated and built to VDOT standards.
There are no habitable structures planned for development on the 31.74 acre site to be
zoned EM.
Location - The portion of the property to be zoned EM is located approximately 2,000 feet from U.S.
Route 1 I (Martinsburg Pike) along Va. Sec. Route 836 (Walters Mill Road). A majority
of the site is located south of existing Route 836.
Site Suitability - The site, 31.74 acres, is suitable for EM zoning. There are no flood plains, steep slopes,
wetlands, mature woodlands or prime agricultural soils that provide limiting factors for the
intended quarry use. The geology of the area to be zoned EM indicates excellent
subsurface positioning of the high -calcium limestone formation. This formation is knows
as the Mosheim formation.
Surrounding Properties - The use of the surrounding properties located around the 31.74 acre portion to
be zoned EM, are owned by the Cedar Land Co., Inc. and are actively used for
the W.S. Frey Company, Inc. limestone quarry operation. The areas not being
quarried are in pasture land or are vacant. The property is bound on the north by
Va. Sec. Route 836, on the east by the W.S. Frey Company, Inc. railroad spur.
on the south by the railroad main line and on the west by pasture land.
W.S. Frey Company, Inc.
Rezoning Request RA to EM
31.74 Acres - Tax Map 44-A-96
Stonewall Magisterial District
Traffic - There are no traffic impacts associated with the requested EM zoning. The owners have
proffered that W.S. Frey Company, Inc. vehicles shall not access Va. Sec. Route 836.
Current traffic counts are low for the portion of Va. Sec. Route 836 impacted by the Eli
zoning change. This route serves a few single family large - acre residential homes and an
existing business, Aberdene Acres, a kennel operation.
A portion of Va. Sec. Route 836 will be relocated and constructed by the owners. The
portion impacted by the quarry operation will be constructed to VDOT standards.
Sewage Conveyance and Treatment - Not applicable, no impact.
Water Conveyance and Treatment - Not applicable, no impact.
Drainage - The major portion of the site proposed. for EM zoning drains north toward the existing quarry
operation. There are no impacts anticipated on the unnamed tributary of Hot Run to the
south.
Solid Waste Dinosal Facility - Not applicable, no impact.
Historic Sites and Structures - There are no known historic structures or sites located on the 31.74 acre
site. Two structures are located near the intersection of U.S. Route 11
North and Va. Sec. Route 836. There are no associated impacts to these
structures with the proposed EM zoning. An earlier berm currently
exists along a portion of the property.
Impact on Community Facilities - There are no known projected capital costs for community facilities
attributed to the proposed rezoning.
As with most business and industrial projects a net positive fiscal impact
occurs. The writer believes that a net positive fiscal impact would be
projected for the proposed 31.74 acre EM zoning should the County
model allow for such criteria.
Other Impacts - There are no known other impacts that would impact on the cost of the County
providing facilities to serve this request.
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1 COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
MEMORANDUM FAX: 540/678-0682
101
FROM:
SUBJECT:
Planning Commission
Michael T. Ruddy, Planner II
Kentucky Fried Chicken Site Development Plan #032-98
DATE: June 18, 1998
At the Planning Commission meeting on June 3, 1998, the Commission requested that the above
referenced site plan be presented for your consideration and to allow citizens impacted by the plan
an opportunity to review the plan. Enclosed for your review is a copy of the Kentucky Fried Chicken
site plan. Also, enclosed is additional information pertaining to the development of this property,
including copies of previously approved plans relevant to the development of this parcel.
At this time, it is stafF s understanding that many of the significant site plan issues have been, or are
being, addressed by the developer. However, staff would ask that the Planning Commission ensures
that all review agency comments are addressed prior to final approval of the plan. The more
significant issues include the following.-
Construction
ollowing:
Construction of Foxridge Lane, as depicted on approved plans, to state standards to a point
beyond the entrance to the KFC, giving KFC direct access to a state road.
* Future development beyond the KFC, or subdivision of the KFC parcel, will require the
continuation of Foxridge Lane, as depicted on approved plans, by the subdivider/developer.
* Provision of a zoning district buffer along Foxridge Lane that adequately buffers the adjacent
residential properties. Location of this buffer should take into consideration the future
extension of Foxridge Lane. Should the road require an expansion of right-of-way and the
removal of the existing trees, a full buffer should be provided in the area between the right-of-
way and the parking lot at this time. Staff is currently working with VDOT to address this
issue which should be resolved by the Commission's meeting.
Please contact me if you have any questions about the site plan or would like any additional
information.
MTR/cc
U:\MIKE\COMMON\SFMPLANIKFCPC.MEM
107 North Kent Street a Winchester, Virginia 22601-5000
..�, .n..
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OWNERAS PARTOF SUBO WF BAILEY
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14
SITE PLAN PROPOSAL EXHIBIT "A"
-
SCALE: ,- = s0' FUTURE PROPOSAL
--- SCALE -
1 U 50•
ARGINIA: FREDERICK COUNTY, SCT.
chis instrument of writing was produced
to me on the -- "y tc
C1 '
192ato%:/ %P aitd withrtificate
of acknowledgment thereto annexed was
admitted to record.
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/678-0682
MEMORANDUM
TO: Planning Commission
FROM: Kris C. Tierney, Director//' e
RE: Proposed Boundary Line Adjustment between Frederick County and Stephens City
DATE: June 18, 1998
At the June 16, 1998 meeting of the Joint Stephens City/Frederick County Planning Committee,
members agreed to recommend that a boundary line adjustment between the two localities be
pursued. The proposal, originally presented by the Town representatives, involves an area along
Fairfax Pike in the vicinity of the lime kiln and the quarry, and an area north and east of the current
Town boundary which contains a small sliver of land currently located within the County but lying
between Route 81 and the eastern edge of the Town that would go to the Town. A small area at the
corner of �nrinddalle and P Roads currently in the Town, would go into the County. A map
epicts te areas included in the proposal with green hatching.
The net acreage change would result in approximately 350 acres being added to the Town. The
Commissioner of Revenue's office has analyzed the proposed change and concluded that there would
be no significant impact to the County tax base.
If the County agrees to pursue the adjustment, the Town's attorney will draft an agreement which
would be reviewed by the County Attorney. Details of the arrangement would need to be worked out,
including surveying portions of the area intended to be transferred.
The staff intends to take the proposal to the Board of Supervisors for direction and is bringing it
before the Commission for your information and input.
KCT/cc
Attachment
U W-PdS\KM8\MEMOS\SCFCBLA. WPD
107 North Kent Street • Winchester, Virginia 22601-5000