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PC 05-06-98 Meeting AgendaAGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia MAY 6, 1998 7:00 P.M. CALL TO ORDER TAB 1) April 1, 1998 and April 15, 1998 Minutes ................................ A 2) Bi -Monthly Report .................................................. B 3) Committee Reports ................................................ 4) Citizen Comments ................................................. PUBLIC HEARING 5) Rezoning #007-98 of KDG, L. C., submitted by Painter -Lewis, P.L.C., to rezone 1.0 acres from B 1 (Neighborhood Business) to B2 (Business General) District, and 2.58 acres from RA (Rural Areas) to B2 (Business General) District. This property is located on the east side of Front Royal Pike (Route 522), 0.72 miles south of Millwood Pike (Route 50), and is identified with Property Identification Number 64B -A-30 in the Shawnee Magisterial District. avir. Wyatt) ....................................................... E 6) Rezoning #008-98 of Oakcrest Builders, Inc., submitted by G. W. Clifford and Associates, Inc., to rezone 2.5 acres from to B2 (Business General) to RA (Rural Areas) District. This property is located at the southwest quadrant of the intersection of Millwood Pike (Route 50) and West Parkins Mill Road (Route 644); and is identified with Property Identification Number 77-A-26 in the Shawnee Magisterial District. (Mr. Wyatt) ....................................................... F Pj PUBLIC MEETING 7) Master Development Plan 9002-98 for the Coca-Cola Bottling Facility, submitted by Central Coca-Cola Bottling Co., Inc., for the development of a 63.5052 -acre tract to operate a bottling facility. The property is located west of the intersection of Shady Elm Road (Route 65 1) and Apple Valley Road (Rout 652), and is identified with Property Identification Numbers 63-A-58 and 63-A-59 in the Back Creek Magisterial District. (Mr. Wyatt) ....................................................... G 8) Request for Exemption from Subdivision Ordinance Requirements, submitted by Benjamin Butler for the possible exemption of the 50 -foot right-of-way requirement to create a family lot division on Long Green Lane. The parcel is presently owned by Glynell Little Headley, and is identified by Property Identification Number 42-A-256 in the Gainesboro Magisterial District. (Mr. Lawrence) .................................................... H 9) Other MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on April 1, 1998. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; John R Marker, Vice-Chairman/Back Creek District; John H. Light, Stonewall District; S. Blaine Wilson, Shawnee District; Robert A. Morris, Shawnee District; Marjorie H. Copenhaver, Back Creek District; Terry Stone, Gainesboro District; Richard C. Ours, Opequon District; George L. Romine, Citizen at Large; Robert M. Sager, Board Liaison; Vincent DiBenedetto, Winchester City Liaison; and Jay Cook, Legal Counsel. ABSENT: Roger L. Thomas, Opequon District and W. Wayne Miller, Gainesboro District STAFF PRESENT: Kris C. Tierney, Director; Evan A. Wyatt, Deputy Director; Eric R Lawrence, Zoning Administrator; Michael T. Ruddy, Planner I1; and Renee' S. Arlotta, Clerk. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MEETING MINUTES - January 21, 1998 & February 18,1998 Upon motion made by Mr. Marker and seconded by Mr. Romine, the minutes of January 21, 1998 were unanimously approved as presented. Upon motion made by Mr. Marker and seconded by Mr. Romine, the minutes of February 18, 1998 were unanimously approved as presented. BIMONTHLY REPORT Chairman DeHaven accepted the Bimonthly Report for the Commission's information. Frederick County Planning Commission Minutes of April 1, 1998 Page 184 -2 - COMMITTEE REPORTS Development Review & Regulations Subcommittee (DRRS) - 03/26/98 Mtg. Mr. Lawrence, staff member for the DRRS, reported that this subcommittee is continuing their work on the woodlands preservation issues. Joint Frederick County - Stephens City Planning Committee - 03/24/98 Mtg. Mr. Tierney, staff member for this committee, reported that the Town representatives presented a modified proposal for boundary line adjustments between the Town and the County. He said that staff has completed some mapping work and has forwarded that proposal to the Board for direction. PUBLIC HEARINGS: Conditional Use Permit #001-98 of Denise McClearen for an off -premise business sign along Front Royal Pike (Rt. 522 South) and identified with P.I.N.s 94A-1-2-6 through 8. This off -premise sign is for a dog grooming business located at 4784 Front Royal Pike in the Opequon Magisterial District. Action - Recommended Approval with Conditions Mr. Michael T. Ruddy, Planner U, stated that signs advertising a business that is not located on the same lot or parcel as the business sign are considered "off -premise business signs" and this type of sign is permitted in the RA Zoning District with an approved conditional use permit. He explained that the applicant recently received approval for a Cottage Occupation/ Pet Grooming business and wishes to place a two square - foot business sign on a separate property that she owns, along Route 522. Mr. Ruddy said that Route 522 is classified as a Federal "A" Primary Highway by VDOT and an off -premise business sign along this highway classification is limited in size to a two square -foot maximum. Mr. Ruddy added that County sign regulations dictate that the sign shall be setback at least 10 feet from any property line or road right-of-way and must be at least 50 feet from any other business sign. It was the staffs opinion that the proposed sign, in the location proposed, complied with the regulations cited and would not detract from surrounding properties and uses. There were no public comments. No issues of concern were raised by the Commission. Frederick County Planning Commission Minutes of April 1, 1998 Page 185 -3 - Upon motion made by Mr. Ours and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #001-98 of Denise McClearen for an off -premise business sign along Front Royal Pike (Rt. 522 South) for a dog grooming business located at 4784 Front Royal Pike with the following conditions: Review agency comments must be complied with at all times. 2. If the business being advertised ceases operation, the sign must be removed. Rezoning Application #004-98 of Central Coca Cola Bottling Company by Triad Engineering, Inc., to rezone 63.5 acres from RA (Rural Areas) to M1 (Light Industrial). This property is located west of the intersection of Shady Elm Road (Rt. 651) and Apple Valley Road (Rt. 652) and is identified with P.I.N.s 63-A-58 and 63-A-59 in the Back Creek Magisterial District. Action - Recommended Approval Mr. Evan A. Wyatt, Deputy Planning Director, read the background information and review agency comments. He pointed out the Historic Resources Advisory Board's (HRAB) recommendation that a 40' height restriction be placed on all buildings that are to be constructed on the subject parcel. Mr. Wyatt identified three areas of potential impact from the rezoning --transportation, community facilities and services, and historic features and reviewed each of the potential impacts with the Commission. Mr. Wyatt said that the proposal to rezone this property conforms with the Comprehensive Plan policies for development in the Urban Development Area and the Sewer and Water Service Area; and, the M1 (Light Industrial) zoning classification is consistent with other properties and land uses located on the south side of Apple Valley Road. Mr. Wyatt said that staff believed the applicant had adequately mitigated the impacts to the transportation network through proffers that are consistent with the WATS and are acceptable to VDOT; the applicant has adequately mitigated the negative impact to fire and rescue capital costs through a monetary proffer consistent with the results of the Capital Facilities Impact Model; the applicant has mitigated the impacts to the viewshed of the Kcrnstown Battlefield by limiting structure heights, although not to the 40' recommended by the HRAB, by screening structure components and uses, and by providing a ground -level screen from the road. A member of the Commission inquired if 60' was the maximum allowable height in the M 1 District. Mr. Wyatt replied that 60' is the maximum height allowed for a primary structure, however, several uses are exempt in the ordinance (silos, automated storage, commercial telecommunications towers). He said that although the proffer does not limit the primary structure, it does limit accessory structures to 60' which would, in turn, restrict some larger industrial uses that have tall accessory structures from locating on this site. Mr. Steve Patton with Triad Engineering, Inc., the design engineers for this project, stated that they have been working with the HRAB and the Kernstown Battlefield Association (KBA) and he believed the 60' height restriction would be adequate to protect the viewshed from the battlefield. Frederick County Planning Commission Minutes of April 1, 1998 Page 186 -4 - There were no public comments. Members of the Commission inquired if the berm construction planned for the full length of Apple Valley Road would be constructed all at one time; they asked for the height of the Coca-Cola facility; if future expansion of the facility would be horizontal or vertical; and, if future expansion would consume the entire 65 -acre site. Mr. Patton answered that berm construction would occur all at once at the site plan stage; that the height of the proposed facility would be 38', that future expansion would occur horizontally, not vertically; and, that he did not foresee future expansion consuming the entire site, but more likely just one additional parcel. Members of the Commission thanked the Coca-Cola Bottling Company for working with the HRAB and KBA to protect the Kernstown Battlefield's viewshed. They believed that Frederick County was fortunate to have a company with as much civic responsibility and interest in the community. They also noted that the Coca-Cola Bottling Company exemplified the type of business that residents and community leaders hoped to bring into the community in order to preserve its integrity. 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 Rezoning Application #004-98 of Central Coca-Cola Bottling Company by Triad Engineering, Inc. to rezone 63.5 acres from RA (Rural Areas) to M 1 (Light Industrial) with proffers as submitted. Rezoning Application 9)05-98 of Linwood and Elizabeth Ritter by Greenway Engineering to rezone 8.264 acres from RA (Rural Areas) to RP (Residential Performance). This property is located at 746 Double Church Road (Rt. 641) and is identified with P.I.N. 86 -A -21B in the Opequon Magisterial District. Action - Recommended Approval with Proffers Mr. Evan A. Wyatt, Deputy Planning Director, read the background information and review agency comments. He summarized the staff report as follows: the parcel is located within the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA); the Comprehensive Policy Plan states that new suburban residential development must be located within the UDA and should only be approved when roads and other infrastructure with sufficient capacity have been provided; the applicant has proffered to improve Double Church Road as required by VDOT, as well as dedicate necessary right-of-way; Double Church Road is delineated on the WATS as requiring improvements to correct geometric deficiencies on a two-lane typical section and the dedication of right-of-way will assist with this project in the future; adequate sewer and water capacity are available to serve the proffered 20 single-family detached residential lots and the monetary contribution will mitigate the negative fiscal impacts to capital facilities. In addition, Mr. Wyatt said that the proximity of the Double Church Road Agricultural and Forestal District, as well as agricultural land uses, are of concern to staff; that residents within the agricultural community and the suburban residential community have expressed concerns during the last few years about land use compatibility, nuisances, the need for buffers, and land use. He said that the staff believed it would be appropriate for the developer to disclose the location of the Double Church Road Agricultural and Forestal District and permitted land uses in the rural areas within all property deeds and sales literature. Frederick County Planning Commission Minutes of April 1, 1998 Page 187 -5 - Members of the Commission noted that a portion of Woodside II was outside of the SWSA. They inquired whether or not there was any relationship between this development and Woodside as far as road use sharing or entrance sharing. They recalled discussions during the Woodside proposal concerning the use of a dead-end street in Woodside anticipated to be used by this property. They also inquired whether the proposed lots conformed with minimum lot size requirements. Mr. Mark D. Smith, P.E., L.S. with Greenway Engineering, the design engineers for this project, said that they are proposing cluster lots consisting of 10,000-12,000 square feet with open space near 20% and a density of about two lots per acre, which is compatible with adjacent land uses. Mr. Smith stated that no road or entrance sharing by this development with Woodside was planned because the Woodside lots have already been platted and encompass the entire parcel. Mr. Smith said that they will be using just the one access on Double Church Road. Mr. Eric R Lawrence, Zoning Administrator, recalled the discussions about the dead-end street in Woodside; however, he said that when Woodside II was actually subdivided, it did not have a dead-end street against the Ritter property. Concerning the location of Woodside II in the UDA and the SWSA, Mr. Wyatt replied that approximately 2/3 of Woodside was in the UDA and the SWSA and 1/3 was out. He said that the Board of Supervisors has determined that if a significant portion of a property is within the UDA and the SWSA, that it would qualify to place the entire tract in. Chairman DeHaven called for public comment and the following person came forward to speak: Mrs. Loretta Wymer, resident at 731 Double Church Road, was opposed to the rezoning because of the extra traffic and the increased impact on the schools. Planning Commissioners were concerned about the increased expansion and development into this rural area and the issue of encroachment on the Agricultural and Forestal District. They pointed out that this area had been designated by the residents themselves as an Agricultural District and this rezoning was a additional intrusion into those desires. They were not sure that the impact to fire and rescue services was mitigated by the monetary proffer; and, they were concerned about the increased demands that will be made on the school system. Members of the Commission said that the traffic impact on Double Church Road and ultimately, on Route 277 is still an issue; and, they felt it was difficult to support more residential development until something was accomplished with Route 277. In addition, there was concern about the single access on Double Church Road. On the other hand, Commissioners noted that the subject parcel was entirely within the UDA and the SWSA and it was surrounded on three sides by RP development. It was pointed out that since none of the land south of this was zoned RP, no development could occur further south, unless the UDA and the SWSA was extended. Mr. Ours moved to recommend denial of the rezoning, based on the increased traffic impacts which would result from the additional development. This motion was seconded by Mr. Morris, but the motion was defeated by the following vote: YES (TO DENY THE REZONING): Ours, Wilson, Marker, Morris NO: Stone, Romine, DeHaven, Copenhaver, Light Frederick County Planning Commission Minutes of April 1, 1998 Page 188 rem Chairman DeHaven entertained another motion. A motion was made by Mr. Light and seconded by Mrs. Copenhaver to recommend approval of the rezoning based on the fact that the parcel was surrounded on three sides by RP development, that the parcel was located in the UDA and the SWSA, and that no further development could occur to the south without extension of the UDA and the SWSA. A majority vote approved the rezoning. BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of Rezoning Application #005-98 of Linwood and Elizabeth Ritter by Greenway Engineering to rezone 8.264 acres from RA (Rural Areas) to RP (Residential Performance). The vote on this recommendation was as follows: YES (TO APPROVE THE REZONING): Stone, Romine, DeHaven, Copenhaver, Light NO: Ours, Wilson, Marker, Moms (Note: Mr. Thomas and Mr. Miller were absent from the meeting.) Rezoning Application #006-98 of Borderline, L.L.C. (Broadway Electric Company) by Painter -Lewis, P.L.C. to rezone 2.67 acres from RP (Residential Performance) to M1 (Light Industrial). This property is located on the south side of Airport Road (Rt. 645), 0.5 miles east of Front Royal Pike (Rt. 522) and is identified with P.I.N. 64 -A -45F in the Shawnee Magisterial District. Action - Recommended Approval with Proffers Mr. Michael T. Ruddy, Planner II, presented a review of the application and stated that the 42 - acre Preston Place residential development, which was approved under various master development plans (MDP), is associated with the 2.67 -acre parcel under consideration because this parcel was accounted for in the calculations determining the permitted density, open space, and environmental features for the Preston Place development. Staff pointed out that this parcel's ties to the original MDP became somewhat obscured, however, because the 2.67 acres was subdivided prior to approval of the Final MDP and was subsequently sold. Mr. Ruddy summarized the staff recommendations, stating that existing roads are sufficient, as is the existing infrastructure, to accommodate a rezoning of this size without any significant negative impacts. He stated that the applicant has adequately mitigated the negative impact to fire and rescue capital costs through a monetary proffer consistent with the results of the Capital Facilities Impact Model; and, the applicant has attempted to address the impacts to steep slopes located on the parcel by proffering to restrict the disturbance of steep slopes within an environmental easement. He said that the applicant is requesting a waiver of the steep slope disturbance allowance to permit an increase in the disturbance of steep slopes from 25% to 50%. Mr. Ruddy pointed out that the proposed rezoning is inconsistent with many of the Comprehensive Plan policies for development in the Urban Development Area as they pertain to environmental issues; that it was the staffs conviction that any further disturbance of steep slopes should not be permitted, and Frederick County Planning Commission Minutes of April 1, 1998 Page 189 -7 - the resulting increase in the gross density of the Preston Place development should be avoided. Mr. Ruddy added that the precedent that would be established by allowing continued disturbance of environmental features and increases in gross density of development through the reuse of areas and acreage previously used to maximize a development would be inappropriate. Mr. Moms said that this rezoning proposal is for less acreage than for one of the previous rezonings; however, the monetary proffer to fire and rescue services is greater, and he inquired about how this amount was determined Mr. Tierney replied that the essence of the proffer associated with fire and rescue is the nature of the development or uses allowed. In this case, M 1 uses were considered versus a single-family housing development. There was also a question about the wording of the proffer, in particular, to whom the monetary proffer is paid. Mr. Ruddy replied that the monetary contribution goes to Frederick County, but is allocated to the area which provides the fire and rescue service; and, in this case, would be Greenwood Fire and Rescue Company. Mr. John Lewis of Painter -Lewis, P.L.C., the design engineers for the project, agreed that this 2.67 acres was used in the steep slopes and density calculations for the Preston Place apartments. Mr. Lewis stated that they were not considering adding more units to Preston Place because that development is already built out. Mr. Lewis also agreed that the 2.67 acres was subdivided prior to the approval of the Final Master Development Plan in 1992; and, in 1995, the 2.67 acres was gifted to Shalom Et Benedictus, the current owner. He said that Shalom Et Benedictus was not aware, until the last couple of months, that they could not develop this parcel because of the density and steep slopes issues. Mr. Lewis stated in retrospect, that there should have been some sort of deed restriction placed on this property when the MDP was approved in 1992, so that future property purchasers would be aware of the encumbrances on the property. Mr. Lewis added that they felt the intended use for this property by Broadway Electric, the contract purchaser, was appropriate for this parcel. He further added that Broadway Electric is a growing company that wants to locate and pay taxes in Frederick County. Mr. Michael Foster, representing Shalom Et Benedictus, said that for the past 25 years, Shalom Et Benedictus has been providing drug and alcohol education and treatment services to this community. Mr. Foster said that his organization provides services to the three county schools and also provides day treatment and residential treatment. He said that each year, Shalom Et Benedictus scholarships many youngsters for treatment who lack the necessary funds to pay themselves; and, each year, his organization needs to raise money in the community. Mr. Foster explained that in order for the "gift" of this property to be utilized, they need to sell the property and acquire the money to continue with their operations. Mr. Kevin Adams, representing the Airport Business Center, shared his knowledge of the history of this property with the Commission. Mr. Adams recalled having various meetings with the Planning Department before and after this land was gifted and was told that the County would support this proposal. Mr. Adams felt the use of this property by Broadway Electric was appropriate and he also supported the work being carried out by Shalom Et Benedictus. Ms. Shawn Ray, representing Gerald Smith, her father and the owner of Broadway Electric, said that they were very much interested in purchasing this property and would employ about 20 persons. Mr. Fred Ash, representing the Shockey Companies, spoke in support of the Broadway Electric Frederick County Planning Commission Minutes of April 1, 1998 Page 190 -8 - Company and of promoting the best use of the subject property. Mr. Ash said that Broadway Electric has had a business relationship with Shockey Companies for about 20 years and consider Broadway Electric one of the best electrical firms in the area. Mr. Ash said that Broadway Electric is very conscientious about their appearance and will have a low impact on neighboring properties. It was the consensus of the Planning Commission that although there were several unfortunate circumstances surrounding this parcel by way of transfer of ownership and multiple master plans, they believed that Broadway Electric would be an excellent use for the property and would put the property to its highest and best use. In addition, Shalom Benedictus would benefit from the sale of the property and would be able to use their "gift." Commission members noted that approving this proposal would not change the number of residential units in Preston Place, and permitting Broadway Electric to use the property was preferable to allowing the property to remain vacant, and possibly creating an eyesore. Upon motion made by Mr. Light and seconded by Mr. Ours, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Rezoning Application #006-98 of Borderline, L.L.C. (Broadway Electric Company) submitted by Painter -Lewis, P.L.C. to rezone 2.67 acres from RP (Residential Performance) to M1 (Light Industrial) as presented with proffers. at was noted that an approval of a waiver of the steep slope requirements, to permit an increase in the disturbance of steep slopes from 25% to 50%, would still be needed from the Board of Supervisors.) PUBLIC MEETING Request of Mr. E. Frank Smith for variation from the Subdivision Ordinance to enable a land division which exceeds the maximum lot depth ratio. This property is located on Marple Road and is identified with P.I.N. 41-A-169 in the Gainesboro Magisterial District. Action - Recommended Approval Mr. Eric R Lawrence, Zoning Administrator, stated that upon recommendation from the Planning Commission, the Board of Supervisors may allow for variations to the provisions of the Subdivision Ordinance in cases of unusual situations. Mr. Lawrence said that Mr. E. Frank Smith would like to transfer 7.811 acres of his 193.190 acres to Mr. and Mrs. Meadows, bringing the Meadows' property to 12.811 acres. He said that this transfer would cause the Meadows property to exceed the 4:1 lot width to depth ratio. Mr. Lawrence explained that the land being transferred is basically the side of a steep, wooded hill and for all intents and purposes could probably not be developed. There were no public comments. No issues of concern were raised by the Commission. Upon motion made by Mr. Marker and seconded by Mr. Light, Frederick County Planning Commission Minutes of April 1, 1998 Page 191 -9 - BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the request of Mr. E. Frank Smith for variation from the Subdivision Ordinance to enable a land division which exceeds the maximum lot depth ratio. ADJOURNMENT No further business remained to be discussed and the meeting adjourned at 8:35 p.m. by unanimous vote. Respectfully submitted, Kris C. Tierney, Secretary Charles S. DeHaven, Chairman Frederick County Planning Commission Minutes of April 1, 1998 Page 192 C� • C� 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 April 15, 1998. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; John R Marker, Vice-Chairman/Back Creek District; John H. Light, Stonewall District; Robert A. Morris, Shawnee District; Marjorie H. Copenhaver, Back Creek District; W. Wayne Miller, Gamesboro District; Terry Stone, Gainesboro District; Roger L. Thomas, Opequon District; George L. Romine, Citizen at Large; and Jay Cook, Legal Counsel. ABSENT: Richard C. Ours, Opequon District; S. Blaine Wilson, Shawnee District; Robert M. Sager, Board Liaison; and Vincent DiBenedetto, Winchester City Liaison. STAFF PRESENT: Kris C. Tierney, Director; Eric R. Lawrence, Zoning Administrator; Michael T. Ruddy, Planner II; and Renee' S. Arlotta, Clerk. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MEETING MINUTES - March 4 1998 & March 18 1998 Upon motion made by Mr. Marker and seconded by Mr. Thomas, the minutes of March 4, 1998 were unanimously approved as presented. Upon motion made by Mr. Miller and seconded by Mr. Marker, the minutes of March 18, 1998 were unanimously approved as presented. BIMONTHLY REPORT Chairman DeHaven accepted the Bimonthly Report for the Commission's information. Frederick County Planning Commission Minutes of April 15, 1998 Page 193 -2 - PUBLIC MEETINGS: Master Development Plan #001-98 of the Zeigler Property submitted by Zeigler Mechanical/ Electrical Contractors, Inc. for the development of a 25.185 -acre tract for manufacturing and office space. This property is located at the intersection of Martinsburg Pike (Rt. 11 No.) and Branson Spring Road (Rt. 668) and is identified with P.I.N. 33-A-1058 in the Stonewall Magisterial District. Action - Recommended Approval Mr. Michael T. Ruddy, Planner II, read the background information and review agency comments. Mr. Ruddy said that the Health Department has raised a concern regarding the number of approved sewage disposal systems and to address this concern, staff would recommend that the property be developed in two phases. He said that Phase 1 should occur immediately to accommodate the proposed Ziegler Facility on Lot 1, which has an approved area for a sewage disposal system. Mr. Ruddy stated that Phase 2, for the development of Lots 2 and 3, should only occur at such time that the Health Department has approved a sewage disposal system for the lot being developed. Mr. Ruddy added that subdivision of this property should only occur after the Health Department has given their approval of additional sewage disposal systems. Mr. Ruddy continued, stating that along the front of Lot 2 of the Ziegler property, adjacent to Route 11, is a significant number of mature evergreen trees. He said that the staff recommends that these trees be preserved to perform the function of the landscape portion of the "C" category buffer to protect the residential property to the west. There were no public comments. A member of the Commission inquired if the two entrances on Branson Spring Road were primarily truck entrances. The concern raised was that the road may not hold up to tractor -trailer traffic because it had a tar and chip base. Mr. James Douglas, President of Zeigler Mechanical/ Electrical Contractors, Inc., replied that most of the delivery traffic and field crew traffic would use Branson Spring Road, as opposed to using Route 11, Mr. Douglas pointed out that their trailer -truck traffic is minimal and consists of no more than four to five tractor trailers per week. He did not foresee the road base presenting a problem. The Planning Commission believed the overall concept of the master plan was consistent with the Comprehensive Policy Plan and the master plan requirements of the Zoning Ordinance. Upon motion made by Mr. Marker and seconded by Mr. Miller, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Master Development Plan #001-98 of the Zeigler Property submitted by Zeigler Mechanical/ Electrical Contractors, Inc. for the development of a 25.185 -acre tract for manufacturing and office space, contingent on all review agency comments being addressed prior to final approval of the plan. Frederick County Planning Commission Minutes of April 15, 1998 Page 194 -3 - Waiver Request of Greenway Engineering under the provision of Chapter 165, Section 31.13(6) and B(7) of the Frederick County Code, to disturb a greater percent of the steep slope and woodlands than permitted. This property is identified as P.I.N. 54-74 and is located in the Stonewall Magisterial District. Action - Recommended Approval Mr. Eric R. Lawrence, Zoning Administrator, stated that the staff has received a request from Mr. Mark Smith of Greenway Engineering on behalf of his client for a waiver from a portion of the woodlands and steep slope requirements on Lot 4 in the Baker Lane Industrial Park. He explained that the majority of the site consists of steep slopes and woodlands. Mr. Lawrence said that the Zoning Ordinance allows for the Board of Supervisors to waive certain requirements that make development of a parcel of land impractical, and two of these waiver opportunities involve the disturbance of steep slopes and woodlands in industrial parks. Mr. Mark Smith and Mr. Gary Oates, both with Greenway Engineering, came forward to address the Commission. Mr. Smith said that the Zoning Ordinance states that no more than 25 percent of the steep slopes and woodlands are to be disturbed and development of this site would require that approximately 90 percent of the steep slopes and woodlands be disturbed. Mr. Smith reviewed the topography of the site for the Commission and their plans for development. The primary concern of the Planning Commission was how the existing drainage pattern would be affected. Mr. Smith said that the existing drainage runs to the west property line, perpendicular to Imboden Drive and parallels Baker Lane towards Winchester, and their intent is to have a shared pond with the adjacent lot owner. He said that their intent is for the pond, which would be located at the bottom corner of the lot, to catch all of the drainage coming off the lot. Commission members also discussed whether it would be possible to develop this property under the proposed woodlands preservation ordinance that is currently under discussion. It was determined that this parcel could be developed under the proposed ordinance, however, steep slopes were not included with that proposed ordinance change. It was suggested that the steep slope disturbance issue be included along with the woodlands preservation issue, as they pertain to industrial parks. There were no public comments. Members of the Commission believed the storm water management could be sufficiently addressed at the site plan stage. Upon motion made by Mr. Miller and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the waiver request of Greenway Engineering under the provision of Chapter 165, Section 31.B(6) and B(7) of the Frederick County Code to disturb a greater percent of the steep slope and woodlands than permitted. Frederick County Planning Commission Minutes of April 15, 1998 Page 195 -4 - DISCUSSION ITEM Review of proposed modifications to Chapter 165, Section 31.13, Amount of Environmental Feature Disturbance Permitted, and Section 31.B(7), Woodlands Disturbance. This proposal would enable a greater percentage of woodlands disturbance; the proposal would also establish incentives to encourage woodlands protection in exchange for a reduction in the required open space within a development. No Action Mr. Eric R Lawrence, Zoning Administrator, said that the Development Review and Regulations Subcommittee (DRRS), with assistance from members of the design and development community, has been discussing the woodlands preservation of the Zoning Ordinance (Chapter 165, Section 31 -Protection of Environmental Features) for the past few months. Mr. Lawrence said that an amendment proposal discussed would allow greater flexibility to the property owner and would establish an incentive program that rewards a property owner for preserving/ protecting woodlands. Mr. Lawrence presented the draft text illustrating the proposed woodland ordinance amendment. In addition, he presented various scenarios which compared development utilizing the proposed new woodlands preservation ordinance versus the current woodlands ordinance. The Commission and staff reviewed and discussed the different scenarios. Mr. Mark.Smith of Greenway Engineering participated in the discussions. Mr. Stephen M. Gyurisin of G. W. Clifford & Associates, Inc., could not be present for discussion, but had submitted a letter of support for the new concept. Commission members felt that one of the most positive features of the ordinance was that a developer would probably not clear cut a property because saving existing trees would qualify the developer for a bonus towards a reduction in the required open space which would result in additional developable land. It was also noted that in most development scenarios, there was an incentive available for the developer. The Commission members commended the DRRS, the staff, and others for their creative approach. OTHER The subject of the proposed design standards was raised and the fact that they have been put on hold. Members of the Commission felt that this did not reflect negatively on the staff and they wanted to continue pursuing the adoption of these standards, both as members of the Planning Commission and as citizens of Frederick County. They believed the proposed design standards was an important issue and would benefit the community. Other Commissioners agreed that the issue should continue to be pursued. Frederick County Planning Commission Minutes of April 15, 1998 Page 196 -5 - ADJOURNMENT No further business remained to be discussed and the meeting adjourned at 8:00 p.m. by unanimous vote. Respectfully submitted, Kris C. Tierney, Secretary Charles S. DeHaven, Chairman Frederick County Planning Commission Minutes of April 15, 1998 Page 197 BIMONTHLY REPORT OF PENDING APPLICATION (printed April 23, 1998) Alic n auo newlY s u PP sub mi d. REZONING: Borderline, L.L.C. (Broadway Electric Co.) (REZ #006-98) Shawnee 2.67 ac. from RP to Ml Location: Airport Rd. (Rt. 645); 0.5 mi. East of Rt. 522 Submitted: 03/11/98 PC Review: 04/01/98 - recommended approval w/ proffers BOS Review: 04/22/98 - approved w/ proffers Linwood & Elizabeth Ritter (REZ #005-98) Opequon 8.264 ac. from RA to RP Location: West side of Double Church Rd. (Rt. 641) about 0.6 mi. So. of Fairfax Pk (Rt. 277); east of Stephens Cit Submitted: 03/06/98 PC Review: 04/01/98 - recommended approval w/ proffers BOS Review: 04/22/98 - approved w/ proffers Central Coca-Cola Bottling Co. (Rez #004-98) Back Creek 63.5052 ac. from RA to Ml Location: West of the Shady Elm Rd. (Rt. 65 1) & Apple Valley Rd. (Rt. 652) intersection Submitted: 03/06/98 PC Review: 04/01/98 - recommended approval w/ proffers BOS Review: 04/22/98 - approved w/ proffers Briarwood Estates (REZ #003-98) Stonewall 50.53 ac. from RA to RP for 143 single-family homes Location: East side of Greenwood Rd. (Rt. 652) betwn Valley Mill Rd. (Rt. 659) & Senseny Rd. (Rt. 657); adjoins existing Briarwood Est. & Carlisle Heights. Submitted: 02/10/98 PC Review: 03/04/98 - recommended approval w/ proffers BOS Review: 04/08/98 - approved w/ proffers Tasker Rd. & Warrior Rd. Commercial (REZ #002-98) Opequon 35.6979 acres from RP to B2 for retail use Location: Intersection of relocated Tasker Rd. (Rt. 642) & proposed Warrior Rd. & approx. 1,000' west of the Tasker & Warrior Rd intersection, along the north side of Tasker Rd. Submitted: 02/10/98 PC Review: 03/04/98 - recommended approval w/ proffers BOS Review: 04/08/98 - a2proved w/ proffers Bimonthly Report Printed April 23, 1998 Eastgate Commerce Center (REZ #001-98) Shawnee 82.1237 acres from RA to M1 for industrial use Location: South of relocated Tasker Dr. (Rt. 642) & west of Front Royal Pk. (Rt. 522 So.) Submitted: 02/06/98 PC Review: 03/04/98 - recommended approval w/ proffers BOS Review: 04/08/98 - approved w/ proffers MASTER DEVELOPMENT PLANS: Zeigler Mechanical (MDP #001-98) Stonewall Mfg./Office on 25.185 ac. (M1) Location: Northwest comer of the Rt. 11N/ Rt. 668 intersection Submitted: 03/23/98 PC Review: 04/15/98 - recommended approval BOS Review: 05/13/98 - tentatively scheduled Admin. Approved: LPending Bimonthly Report Printed April 23, 1998 SUBDIVISIONS: Senseny Glen, Sect. III (SUB #006-98) Shawnee Subdivision of 25.572 ac. For 71 s.f. 1 1 detached urban lots (RP) Location: Adjacent to Apple Ridge, on Senseny Rd. Submitted: 03/04/98 MDP li002-91 MDP approved by BOS 05/22/91; MDP admin. approved 06/20/91 Subd. Admin. Approved: Pending Signal Station Associates (SUB #005-98) NO MDP Back Creek 2 Lot Subdivision: Lot 1A - 0.9263 ac. Lot 1B - 2.1502 ac. (112) Location: Rt. 50 W.; two miles from Winchester hospital Submitted: 02/10/98 PC Review: 03/18/98 - recommended approval BUS Review: 04/08/98 - approved Subd. Admin. Approved: Pending Bimonthly Report Printed Apri123, 1998 4 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 Woodbrook Village (SUB#016-97) Back Creek 81 multi- lex lots on 19.56 ac. (RP) Location: So. side of Opeguon Church Lane (Rt. 706) Submitted: 12/02/97 MDP #00497: MDP approved by BOS 09/24/97; Admin. approved 12/10/97 Subd. Admin. Approved: Pending Wythe Ave. Ext. (SUB #015-97) No MDP Opequon 4 S.F. lots on 1.4065 ac. (RP) Location: End of existing Wythe Ave. in Stephens City Submitted: 11/20/97 PC Review: 02/18/98 - rec. approval w/ no entrances onto Caroline Ave. BOS Review: 03/11/98 - approved; back to BOS for clarification 03/25/98; 03/25/98 - approved w/Lot 4 access to Caroline Ave.; Lots 1, 2, 3 will access Wythe Ave. Admin. Approved: 04/15/98 Chapel Hill Subdivision (SUB #01497) 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 tsimonuiiy Keport Printed April 23, 1998 Dr. Raymond L. Fish (SUB #012-97) Stonewall Subdivision of one lot (1.4962 ac.) (B2) off a 16.00 ac. parent tract (B2 & 113) Location: Hopewell Rd. & new proposed street, Clearbrook Ln; 160' NW of existing Winchester & Western 60' right-of-way Submitted: 10/09/97 MDP #005-95: Approved by BOS on 01/24/96; Admin. Approved on 07/15/96 Subd. Admin. Approved: Pending Briarwood Estates (SUB #011-97) Stonewall Subdivision of 9.79 acres for 20 S.F. Det. Traditional Lots (RP) Location: East side of Greenwood Rd.(Rt. 656) Submitted: 09/26/97 (Replaces Subdiv. #001-94) MDP #005-93 Approved by BOS on 12/8/93 Subd. Admin. Approved: Pending Star Fort, Sect. II (SUB #010-97) Stonewall Subdivision of 11.6182 ac. for 26 s.f. detached traditional lots Location: U.S. Rt. 522 and VA Rt. 832 Submitted: 09/16/97 MDP #004-94 Approved by BOS 09/14/94; Admin. Approved 04/10/95 Subd. Admin. Approved: Pending —1 Lenoir City Co. Lot 2; Stonewall Indust. Pk. (SUB #007-97) Gainesboro Subdivision of a 2.6584 ac. lot (M1) 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 Bimonthly Report Printed April 23, 1998 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: Pending Lenoir City Co. of Virginia (SUB #003-97) Gainesboro1 M1 Lot (2.000 acres) Location: Stonewall Industrial Pk.; McGhee Rd. (Rt. 861), approx. 700' west of the McGhee Rd. and Tyson Dr. intersection. Submitted: 05/15/97 MDP #006-93: Approved by BOS 07/14/93; Admin. Approved 07/28/93 Admin. Approved: Pending Winc-Fred Co. IDC (SUB) F 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. RT&T Partnership (SUB) Back Creek 1 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 tsunontnly tceport Printed April 23, 1998 Abrams Point, Phase I (SUB) Shawnee 1 230 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 Stimpson (SUB) Opeguon Two B2 LAS 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: Location: II Imboden Drive; Lot 7A, Baker Lane Industrial Park Submitted: II 04/09/98 Bimonthly Report Printed April 23, 1998 Timber Ridge Residential Treat- ment Center (SP #024-98) 1 Gainesboro 13,440 s.f. 2 -story bldg.; 0.75 ac. disturbed of a 126.244 ac. site (RA) Location: 1463 New Hope Road Submitted: 03/31/98 Approved: Pending M.M.&O. Partnership (SP #023-98) Stonewall 0.3648 ac. site to be developed for a storage facility addition (M2) Location: 812 North Kent Street Submitted: 03/30/98 Approved: Pending D -K Erectors & Maintenance, Inc (SP #022-98) Gainesboro 10,524 metal fabric./equip. main. bldg; 75,000 sf disturb. on 10.00 ac. site(M2) Location: 4530 Northwestern Pike Submitted: 03/25/98 Approved: Pending tstmontnty Keport Printed Apri123, 1998 Lenoir City Co. of Virginia (SP #021-98) Gainesboro 25,000 s.f. warehouse addition; 1.0 ac. 1 disturbed on a 6.6358 ac. site (Ml) Location: Lot 31, Stonewall Industrial Park Submitted: 03/26/98 Approved: Pending Barrett Machine, Inc. (SP #020-98) Gainesboro 10,253s.f. mfg.; 1,875 s.f. office; 2.5ac. 1 of a 2.675 ac. site disturbed (Ml) Location: Lakeview Circle, Lot 4, Stonewall Industrial Park Submitted: 03/26/98 Approved: Pending Toan & Associates (SP #019-98) Gainesboro Revisions to Construction Mgt. Office/Warehouse Site (Ml) Location: Comer of McGhee Rd. & future Tyson Dr. in Stonewall Indust. Pk. Submitted: 03/20/98 Approved: Pending Woodbrook Village (SP #018-98) Back Creek (RP) 81 multi-plex lots on 19.5938 ac: of a 34.40072 ac. site for retirement comm. Location: Opeguon Lane (at Kernstown) Submitted: 03/09/98 Approved: Pending Costco Warehouse (Revised) (SP #017-98 Shawnee Gas pump & canopy addition; 0.8 ac. 1 disturbed on 13.0 ac. site (B2) Location: 251 Front Royal Pike Submitted: 03/11/98 Approved: Pending Bimonthly Report Printed April 23, 1998 10 Bandit Karts H (SP #015-98) Shawnee 5,000 s.f. 1 -story metal bldg; 0.60 ac. Of 1.00 Parcel to be developed (Ml) Location: Victory Lane Submitted: 03/09/98 Approved: Pendin Fairview Lutheran Church Addit.Gainesboro (SP #014-98) jacreage ,120 s.f. addition to ex. church; total ofparcel: 2.43 ac. (RA) Location: 555 Fairview Rd., Gore Submitted. 03/09/98 Approved: 04/13/98 Fellowship Bible Church (SP #013-98) Back Creek overflow parking - 111 additional standard & 5 addit. handicap. (RA) Location: Intersection of Middle Rd. & Apple Valle Rd. Submitted: 03/02/98 Approved: Pel Northwestern Workshop (SP #012-98) Stonewall 6,000 s.f. addit. to existing bldg. for 1 mfg. use.on 6.072 ac. site (M1) Location: 828 Smithfield Avenue Submitted: 02/24/98 Approved: ndin All Points Warehousing East (SP #011-98) Stonewall Mini -storage on 3.035 ac. (Ml) 209 Cole Lane Location: Submitted: 02/18/98 Approved: LPend:ing "unonmty xepon Printed Apri123, 1998 11 Autumn Wind Apts. (SP #010-98) Gainesboro Garden apartments on 7.3 ac. of a 19.06 ac. tract (RP/B2) Location: Rt. 522N., 0.8+ mi. southeast of Rt. 37, behind Adelphia Cable Co. Submitted: 02/02/98 Approved: Pending Furlong's Sheet Metal (SP #009-98) Stonewall 1,944 sq.ft. bldg. addit. for air condi- 1 ioning sales/service; 0.5830 ac. site (B2) Location: 776 Baker Lane Submitted: 02/10/98 Approved: 04/10/98 White Properties at Eastgate Commerce Cntr. (SP #007-98) 1 Shawnee Warehousing (self -storage) on 5 acres 1 (B3) Location: Comer of proposed Rainville Rd. & Tasker Dr. (Rt. 642) Submitted: 02/02/98 Pending Approved: Pending Westminster -Canterbury (SP 006-98) Gainesboro 48 -unit assisted living facility; 1.6 ac. 1 disturbed on a 49.35 ac. parcel (RP) Location: 300 Westminster Drive Submitted: 01/29/98 Approved: Pending DMK Properties (SP #005-98) Shawnee District 15,135 s.f. office bldg. on 4.0 acres for general office use (Ml) Location: Independence Drive; Lot 6, Westview Business Center Submitted: 01/13/98 Approved: 04/09/98 Bimonthly Report Printed April 23, 1998 12 Pack It Inn Mini Storage Warehouse (SP #00498) Stonewall Self -Storage facility; 3 ac. a 3.1083 ac. site (Ml) Location: Idisturbed Baker Lane Industrial Park, Lot 13 Submitted: 01/09/98 Approved: 04/07/98 Valley Biomedical Prod. & Serv. (SP #002-98) Back Creek Office & Processing Facility; 2.0 ac. disturbed on 3.204 ac. site (Ml) Location: 110-A Industrial Drive Submitted: 1 01/05/98 Approved: 04/03/98 Southeast Container (SP #001-98) Stonewall DistrictParking Lot; 0.2 ac. Disturbed on a a89.6 ac. Site (Ml) Location: Ft. Collier Industrial Park Submitted: 01/06/98 Approved: Pending Valley Cycle Center (SP #033-97) Shawnee 16,000 s.f. bldg. for retail sales; 2 ac. disturbed on a 2.0579 ac. site (B2) Location: Westview Business Center; Lot A; Approx. 2 miles east of I-81 on Rt. 50 at Independence Drive Submitted: 09/23/97 Approved: 04/10/98 Bimonthly Report Printed April 23, 1998 13 Dr. Fairman Veterinary Office (SP 11029-97) Stonewall 4,272 sq ft Veterinary Office on 1.4962 1 ac. parcel (B2) Location: 1092 Hopewell Road Submitted: 07/25/97 Approved: Pending Mobil-Wendys Rt. 50W Conven. Center (SP #026-97)area; Back Creek Gas-Conven. Cntr.; 3,783 sq ft floor 1.072 ac. site disturbed (RA) Location: Rt. 50 West Submitted: 07/23/97 Approved: Pending Ellis Self -Storage (SP #024-97) Stonewall 3 additional self -storage bldgs; 9.211 ac. parcel disturbed; (Ml) Location: Intersection of Routes 761 & 664 Submitted: 07/03/97 Approved: 04/15/98 Agape Christian Fellowship Church Sanctuary (SP 1/005-97) 1 Shawnee Church Expansion; 2.5 ac. to be 1 developed of a 29.5115 ac. site (RA) Location: East side of Rt. 642; approx. 2,500' so. of the Rt. 37/I-81 Interch . Submitted: 02/12/97 Approved: Pending Shenandoah Bldg. Supply (SP 11056-96) Gainesboro Warehouse on 5 acres (Ml) Location: 195 Lenoir Drive (Stonewall Industrial Park) Submitted: 12/16/96 Approved: Pending Bimonthly Report Printed April 23, 1998 14 Stimpson/Rt. 277 Oil & Lube Service (SP #030-96) Opequon Oil & Lube Serv., Car Wash, Drive - Thru on 2.97 ac. (132) Location: Location: 152 Fairfax Pk. (behind Red Apple Country Store) Submitted: 07/03/96 A roved: 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: Pendin American Legion Post #021 (SP #018-96) Stonewall Addition to lodge building on 3.4255 acre site (B2) Location: 1730 Berryville Pike Submitted: .04/10/96 Approved: Pending D.K. Erectors & Maintenance, Inc. (SP #051-95) Gainesboro Indust Sery/Steel Fabrication on a 10 - acre site (M2) Location: 4530 Northwestem Pike Submitted: 12/28/95 Approved: 04/14/98 Wheatlands Wastewater Facility (SP #047-89) Opequon Treatment Facility on 5 Acres (115) Location: So. West of Double Tollgate; ad'. & west of Rt. 522 Submitted: 09/12/89 Note: Being held at ap licant's request. Bimonthly Report Printed Apnil 23, 1998 15 Flex Tech (SP #057-90) Stonewall I Ml Use on 11 Ac. (MI) Location: East side of Ft. Collier Rd. Submitted: 10/25/90 Note: Being held atapplicant's request. CONDTTIONAL USE PERMITS Denise McClearen (CUP #001-98) Opequon 2 s.f. off -premise business sign for cot- tage occup./pet grooming business (RA) Location: 4784 Front Royal Pike Submitted: 02/24/98 PC Review: 04/01/98 - recommended approval BOS Review: PL 04/22/98 - ap roved w/ conditions Shenandoah Mobile Co./ Parkins Mills (CUP #024-97) Shawnee commercial telecommunications 1 facilities (RA) Location: Knight Drive (private gravel road), off Rt. 642 Submitted: 12/12/97 PC Review: 01/07/98 - recommended approval of monopole tower w/ conditions and waiver of setbacks BOS Review: 01/28/98 - Tabled until 04/08/98; Reviewed on 03/11/98; 04/08/98 - denied Bimonthly Report Printed April 23, 1998 16 Shenandoah Mobile Co./ Sherando (CUP #023-97) Opequon commercial telecommunications facilities (RA) Location: 0.25 mi. off Rt. 636, 0.4 mi. from Rt. 636/277 intersection Submitted: 12/12/97 PC Review: 01/07/98 - recommended approval of monopole tower w/ conditions BOS Review: 01/28/98 - Tabled until 04/08/98; Reviewed on 03/11/98; 04/08/98 - approved a 300', 3 -sided, self-supporting galvanized steel tower w/ conditions and w/ a waiver of the monopole requirement. Shenandoah Mobile Co./ Hunting Ridge (CUP #022-97) Back Creek commercial telecommunications facilities (RA) Location: 0.5 mi. on Turtle Meadow Drive from Rt. 616 Submitted: 12/12/97 PC Review: 01/07/98 - recommended approval of lattice tower w/ conditions BOS Review: 01/28/98 - Tabled until 04/08/98; Reviewed on 03/11/98; 04/08/98 - approved a 350', 3 -sided, self-supporting galvanized steel tower, w/ conditions and w/ a waiver of the monopole requirement. Shenandoah Mobile Co./ Little Back Creek commercial telecommunications Timber Ridge (CUP #021-97) facilities (RA) Location: 0.38 miles off of Rt. 610 Submitted: 12/12/97 PC Review: 01/07/98 - recommended approval of monopole tower (Option #1) w/ conditions BOS Review: 01/28/98 - Tabled until 04/08/98; Reviewed on 03/11/98; 04/08/98 - approved a 100' monopole tower w/conditions & waiver of setback I—requirements as stated in Option #1. Bimonthly Report Printed Apri123, 1998 17 Shenandoah Mobile Co./ Bowling Green Ride (CUP #020-97) Gainesboro commercial telecommunications facilities (RA) Location: 0.13 miles off Rt. 688 Submitted: 12/12/97 PC Review: 01/07/98 - recommended approval of monopole tower w/ conditions BOS Review: 01/28/98 - Tabled until 04/08/98; Reviewed on 03/11/98; 04/08/98 - approved a 125' monopole tower w/ conditions & required setbacks T. P. & Susan Goodman Stonewall Social Center, Outdoor Recreation (CUP #010-97) Center, Catered Functions, Tours, Germany Rd. (Rt. 625) Meetings, Etc. (RA) Location: 534 Redbud Road Submitted: 06/09/97 PC Review: 09/03/97 - recommended approval with conditions BOS Review: 10/07/97 tabled until 11/12/97; 11/12/97 - temporary approval until 12/31/97; subject to renewal and/or disposition on 01/14/98; 01/14/98 - tabled for 60 days to 03/11/98; 03/11/98 - tabled until 04/08/98; 04/08/98 - approved w/ conditions VARIANCES: Roy & Crystal Combs (VAR #004-98) Back Creek 50' side yd. setbk. var. (north) for const. of dwelling w/in 200' of orchard Location: Germany Rd. (Rt. 625) Submitted: 03/11/98 BZA Review: 04/21/98 - approved Bimonthly Report Printed April 23, 1998 18 PC REVIEW DATE: 05/06/98 BOS REVIEW DATE: 05/27/98 REZONING APPLICATION #007-9s KDG, L.C. To Rezone 1.0 Acres from B 1 (Neighborhood Business) to B2 (Business General) and 2.58 Acres from RA (Rural Areas) to B2 (Business General LOCATION: This property is located on the east side of Front Royal Pike (Route 522), 0.72 miles south of Millwood Pike (Route 50). MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBERS: 64B -A-30 PROPERTY ZONING & PRESENT USE: Zoned: B 1, Neighborhood Business District Land Use: Vacant RA, Rural Areas District Land Use: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: Zoned: B 1 (Neighborhood Business) District Use: Residential RA (Rural Areas) District Use: Vacant South: Zoned: B 1 (Neighborhood Business) District Use: Residential East: Zoned: RA (Rural Areas) District Use: Vacant West: Zoned: B2, Business General District Use: Fraternal Lodge M2, General Industrial District Wilson Trucking MH I, Mobile Home Community District Vacant PROPOSED USE: Commercial KDG, L.C., REZ 9007-98 Page 2 April 23, 1998 REVIEW EVALUATIONS: Virginia Dept. 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, Fifth Edition for review. Any work performed on State rights-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Frederick Co. Sanitation Authority: No comment. Public Works: The discussion of the wetlands should be revised to reflect the presence of hydric soils and wetland plants within the existing drainage channel. This area should be much less than 1/3 acre. The remainder of the request is satisfactory as submitted. Frederick Co. Fire and Rescue: No comment. Historic Resources Advisory Board: No significant historic resources appear to be adjacent to the subject parcels. Greenwood Vol. Fire and Rescue: What'will be the impacts to the north and south properties since this is residential area? How many of these people know of the change in their zoning and, if these property owners are satisfied, then so are we. Winchester Regional Airport: Subject site is within the Airport District as defined in Article XIII, § 165-96 of the Frederick County Code, and is subject to the restrictions contained therein. This should be noted in the impact analysis statement, and the zoning should be shown on the plat. County Attorney: Probably should be more specific on where the 20 -foot right-of-way is; otherwise alright. Planning & Zoning_ 1) Site History The original Zoning Map (USGS Winchester Quadrangle) for Frederick County depicts the zoning of this property as B 1, Neighborhood Business District. The Board of Supervisors down zoned a portion of this property to A2, Agricultural General District during their October 8, 1980 meeting. 2) Location The property is located in the Frederick County Urban Development Area (UDA) and the Frederick KDG, L.C., REZ 9007-98 Page 3 April 23, 1998 County Sewer and Water Service Area (SWSA). The property is identified as a component of the Route 50 East Corridor Land Use Plan which was adopted in 1994. This property is located within an area that is designated as Proposed Business and Office. A connecting road is identified within this area that will connect Prince Frederick Drive with Front Royal Pike at a signalized intersection. 3) Site Suitability The site does not contain areas of steep slope, flood plain, wetlands, or woodlands, and contains soils that are defined as prime agricultural. The Frederick County Rural Landmarks Survey does not identify this site or adjoining sites as containing potentially historic structures. The survey does not identify this site or sites within this area as being part of a potential historic district. The site has approximately 325 feet of road frontage along Front Royal Pike_ Front Royal Pike is identified as an arterial road and has recently been improved as a four -lane road with a center turn lane. The Frederick County Sanitation Authority maintains a 12 -inch water main and an 8 -inch sanitary sewer line adjacent to this property. Adequate capacity is available for service to commercial uses that could be developed on this property. 4) Potential Impacts a) Traffic: The applicant has prepared a traffic impact analysis assuming the development of a retail center at the maximum floor area of 74,473 square feet. The development of this square footage would increase the traffic count on Front Royal Pike by 3,028 trips per day during the week and by 3,128 trips per day on Saturdays. This represents an increase of approximately 25% in the average daily traffic count on Front Royal Pike based on the projected counts provided by the applicant. The Winchester Area Transportation Study (WATS), the Frederick County Eastern Road Plan, and the Route 50 East Corridor Land Use Plan depict a major collector road that will be developed to connect Front Royal Pike with Millwood Pike. The right-of-way location of this major collector road has not been determined; however, it is within the proximity of this property. b) Community Facilities and Services: The Capital Facilities Impact Model was applied to the 3.58 -acre site on December 16, 1997, assuming the development of 76,473 square feet of retail space. The results of this model run demonstrated a negative fiscal impact for Fire and Rescue Services. KDG, L.C., REZ #007-98 Page 4 April 23, 1998 The property is located within the area delineated in the Comprehensive Policy Plan as the Airport Support Area. The Comprehensive Policy Plan states that the primary land use in this area should be business and industrial; therefore, the only potential impact would be the height of future structures. c) Adjoining Properties Residential land use exists on the north and south side of this property. Approval of the request to rezone land from the B 1 and RA Districts to the B2 District would permit a greater intensity of uses than is currently allowed, as well as an increase in the permitted Floor -to - Area Ration (FAR) that could be developed on this property. 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 dedicate a 20 -foot strip of land along the eastern property boundary to assist in the development of a major collector road on an 80 -foot right-of-way that will connect Front Royal Pike to Millwood Pike. The applicant has proffered to develop a `B Category" buffer on the property adjacent to all B 1 District properties that are used for residential purposes. Finally, the applicant has proffered a monetary contribution to mitigate the negative impacts to capital costs for the Greenwood Fire and Rescue Company. STAFF RECOMMENDATION FOR 05/06/98 PLANNING COMMISSION MEETING: The proposal to rezone this 3.58 -acre tract is consistent with the policies set forth in the Land Use Chapter of the Comprehensive Policy Plan. The 3.58 -acre tract is located in an area that has been planned for business and office use, and the request for B2 District zoning conforms to the guidelines for development in the Airport Support Area and the Route 50 East Land Use Plan. Front Royal Pike has been improved to a five -lane condition in this area to accommodate additional traffic growth. The applicant has proffered the dedication of land that will assist in the development of a major collector road to connect Front Royal Pike to Millwood Pike. The applicant has proffered to develop a buffer along the B 1 District properties that are residential which is not required by the Zoning Ordinance. The applicant has proffered a monetary contribution to mitigate the capital costs for the Greenwood Fire and Rescue Company that is consistent with the results of the Capital Facilities Impact Model. Staff believes that the request to rezone the 3.58 -acre tract to B2 (Business General) District is appropriate and that the applicant has attempted to mitigate potential impacts through the use of the proffer statement. O:\AGENDASU=NE\CO.%LMENTS\K LC.REZ (j fi. REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA :To be completed liyPlanningSta, t, t. Zomng' Amendment lumber PC Heanng Date BOA Heanng late - g . 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: Address: Telephone:L4 6-71) a. 2. Property Owner (if different than above) Name: 1 • . 'L : -.� Telephone: Address: _QC) �C1n- 3. Contact person if other than above Name: _�'x�� << �,�5„ Telephone: - 7 5 a. 4. Checklist: Check the following items that have been included with this application. Location map ,/ Agency Comments Plat � Fees Deed to property ✓ Impact AnaTy� Statement —� Verification of taxes paid Proffer,Statement-. � V r S. 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: y -C" L. L40 -LO 1 t,4 oY T'--, l.A�,wt r-� 6. A) Current Use of the Property: _ U B) Proposed Use of the Property: Gc, M ,o, L- 7. Adjoining Property: (.,-A P5- 4 - V e -.r— Y Aca-kT (Lv>510(--tgTcn(, "� � Cxa ►.tTc p.t_ VP�c-+�.r.►i 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): C D5T St (5 o FV20 11c2 T _-1 r O. Z Wt t w S 12 Information to be Submitted for Capital Facilities Impact Mode! 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 lk Magisterial: ��aawRn Fire Service:��,� �.,a�, �•�g Rescue Service:fie.,-t'-w High School: Middle School: Elementary School: 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Re uested ;L ss 3 8 Total acres a to be rezoned 11. The following information should be provided according to the type of rezoning proposed Number of Units Proj2!Qsed Single Family homes: Townhome: Multi -Family: Non -Residential Lots: Mobile Home: Hotel Rooms: Office: Retail: 7&�, .'-! 7 'Jl_ Restaurant: 13 Service Station: Manufacturing: Warehouse: Other: 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): Owner(s): 14 Date: 3—(7,1110 Date: - Date: Date: Adjoining Property Owners Rezoning Owners of property adjoining the land will be notified of the Planning Commission and the Board of c,.:per vino ::�gs. Lor u�c Piu moose of this application; ad joining property, is :ny property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. e and Pro a Identification Number Address eL Property R y _ [Naame ru _ Name e Property # y y'�Tj W .cu e�-•�b� ec- VA \��o�e�c5�ee \/A co C%-) 'QAy� '`?•V.� VA a.'a.6pa Name -\,JO 0 �oX H.00 a VA Pro ecru #_•'��c�,\\ -7 Name \I4.cv��e',�e ec, VA Proem Name �jc.�ec�c �- ckyC� J 0 �ec4 Joc��.recv�c .cv �e5�re0� VA Proeriv T Lf_ _ Name \a. \'y'� W cv �e�e5�eeVA Proem k - /�c1 - 01 Name -\� a4 .0 • �ox �., �,J��.c��c c , vA aa�oy Pro e - A - 13 es- ler- G- Z Z 6 0z ¢`t Zz60 Z 0-A ! . . . . , JX;90, .TAC, ' rrcd 6. �lai z ox MI, 15 PROFFER STATEMENT A PROPOSED REZONING for PARCEL ID - 64B -((A))-30 AND PARCEL ID - 64B -((A))-29 Shawnee Magisterial District Frederick County, Virginia April 21, 1998 Prepared for: KDG, LC 302 South Braddock Street, Suite 100 Winchester, Virginia 22601 Prepared by: PAINTER-LEWIS, P.L.C. 302 South Braddock Street - Suite 200 Winchester, VA 22601 Tel.: (540)-662-5792 Job Number: 9711022 PROFFER STATEMENT PARCEL ID 64B -((A)-30 INTRODUCTION The subject property currently consists of 3.58 acres and is located on US Route 522, 0.72 miles south of US Route 50. The property consists of a single parcel which has recently been consolidated from parcel 64B -((A))-30 and parcel 64B -((A))-29. The property contains split zoning. As part of a general rezoning by the Frederick County Board of Supervisors in the 1970s, a strip of property along the east side of US Route 522 was rezoned from A2 to B 1. The depth of this strip is approximately 150 feet. The total amount of property zoned BI is approximately 1.0 acre. The remainder of the property (2.58 +/- acres) is currently zoned RA. The owner desires to rezone the entire 3.58 acres to B2, Business General District. The intended purpose for the rezoning of the subject parcel would be to provide a wider variety of permitted commercial uses for the parcel under the Frederick County Zoning Ordinance. As a provision of the rezoning, the owner is willing to proffer the dedication of a specific amount of land to facilitate the construction of a certain roadway intended to connect Route 522 to Route 50 as proposed in the 1997 Comprehensive Policy Plan. Please refer to the "Route 50 East Corridor: Future Land Use and Present Zoning" on page 6-19 and the "Eastern Road Plan" on page 7-15 of the 1997 Comprehensive Policy Plan. The alignment shown in the Comprehensive Plan roughly coincides with a 60' strip of land owned by the Winchester Regional Airport Authority -Parcel 64B((A))32. The alignment also coincides with a 1' strip of land owned by B. M. & M. G. Beaver -Parcel 64B((A))33A1. Please refer to attached Exhibit 2. In order to determine the amount of land to be dedicated for a future right-of-way by the owner, it is assumed that both of these parcels are intended to provide access and that both parcels will be fully utilized as road right-of-way. The owner proposes to dedicate a 20' strip of land along the eastern property boundary as shown on the attached Exhibit 1. The combination of this 20' strip of land with the two aforementioned parcels will provide a total width of 81' for future road right-of-way. The Frederick County Zoning Ordinance requires a category B distance buffer with a minimum width of 50 feet plus the installation of opaque screening to reduce visual impacts upon residential property zoned R.A. There are currently two adjacent parcels zoned B 1 which are being used or could be used for residential purposes. No distance buffer is required by the ordinance between B 1 and B2. The owner is willing to proffer the installation of a Category B buffer along the common property lines which coincide with these properties as long as the properties are being used for residential purposes. Pursuant to the applicable provisions of the Frederick County Zoning Ordinance, the undersigned applicant proffers that in the event that the Board of Supervisors of Frederick County shall approve Rezoning Application # for the rezoning of 3.58+/- acres identified as PIN #64-((A))-30 from RA/B 1 to B2, development of this particular 3.58+/- acres will be in conformity with the terms and conditions set forth in this document. These terms and conditions may be subsequently amended or revised by the owner of the property with permission from the Frederick County Board of Supervisors in accordance with Frederick County codes. These proffers shall be binding on the owner and their legal successors or assigns. page 2 PROFFER STATEMENT PARCEL ID 64B -((A)-30 PROFFERS 1. The owner will dedicate to the County of Frederick a strip of land twenty feet in width and running parallel to the eastern property line of the 3.58+/- acre parcel for the purpose of future construction of a road to connect Route 522 to Route 50. This voluntary dedication of land shall be valid for as long as the Winchester Area Transportation Plan identifies this general area as a potential route for a collector road to connect Route 50 with Route 522. If future planning action by Frederick County results in the repositioning of this road in a location other than adjacent to the subject parcel, ownership of the land contained in the 20' dedication strip will revert back to the owner of record of the parcel. Please refer to Exhibit 1 hereto attached. 2. The owner hereby proffers the application of a Category B buffer to those adjacent properties which are zoned BI and which are used for residential purposes. Applicable provisions are contained in Section 165-37 of the Code of Frederick County, Zoning Ordinance. Monetary Contribution to Frederick County Service Organizations The owner will pay or will cause to be paid to the Treasurer of Frederick County the sum of $2,478.03 for impacts to Greenwood Fire and Rescue Service. This sum will be paid upon subdivision of the property or receipt of a building permit from the Frederick County Inspections Department for the first building to be constructed on the subject parcel. The conditions proffered above shall be binding on the heirs, executors, administrators, assigns, and successors in the interest of the owner. In the event that the Frederick County Board of Supervisors grant this rezoning and accepts these proffers, then these proffers shall apply to the land rezoned in addition to the other requirements of the Frederick County Code. STATE OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, To -Wit: The foregoing instrument was acknowledged before me this 22 day of AOr' I IQgC- by '1011n C IveLLI 15 Ancly LeCULn I l'ol cupg (� . "Pcun-k_r- `i�� v.rn C . �_ewu-) My commission expires on 4 JC - cicl r�t Cn_tL tary Public page 3 IMPACT ANALYSIS STATEMENT A PROPOSED REZONING for PARCEL ID - 64B -((A))-30 AND PARCEL ID - 64B -((A))-29 Shawnee Magisterial District Frederick County, Virginia March 23, 1998 Prepared for: KDG, LC 302 South Braddock Street, Suite 100 Winchester, Virginia 22603 Prepared by: PAINTER-LEWIS, P.L.C. 302 South Braddock Street, Suite 200 Winchester, VA 22601 ` Tel.: (540)-662-5792 Job Number: 9711022 IMPACT ANALYSIS STATEVLF'T PARCEL ID: 64B -((A))-30 and F. —kCEL ID: 64B -((A))-29 IMPACT ANALYSIS STATEMENT TABLE OF CONTENTS section AaQe L INTRODUCTION I A. SITE SUITABILITY I B. SURROUNDING PROPERTIES 2 C. TRAFFIC 3 D. SEWAGE CONVEYANCE AND TREATMENT 4 E. WATER SUPPLY 4 F. DRAINAGE 5 G. SOLID WASTE DISPOSAL FACILITIES 5 H. HISTORIC SITES AND STRUCTURES 5 I. COMMUNITY FACILITIES 5 J. OTHER IMPACTS 6 APPENDIX 7 IMPACT ANALYSIS STATEMFF"`T PARCEL ID: 64B -((A))-30 and I -,..,,,,CEL ID: 64B -((A))-29 L INTRODUCTION The subject property currently consists of 3.58 acres and is located on US Route 522, 0.72 miles south of US Route 50. The property consists of a single parcel which has recently peen consolidated from parcel 64B -((A))-30 and parcel 64B -((A))-29. Exhibit 1 shows the location of the property. The property contains split zoning. As part of a general rezoning by the Frederick County Board of Supervisors in the 1970s, a strip of property along the east side of US Route 522 was rezoned from A2 to BI. The depth of this strip is approximately 150 feet. The total amount of the subject property zoned BI is approximately 1.0 acre. The remainder is currently zoned RA. Please refer to Exhibits 2 and 3. The owner desires to rezone the entire 3.58 acres to B2, Business General District. According to the 1997 Frederick County Comprehensive Policy Plan, the property is within the Urban Development Area. The property also lies within the limits of the Route 50/Route 522 Business corridor. The property is located between the Winchester Regional Airport and Route 522. The proximity of the property to Route 522, Route 50, Interstate Route 81 and the airport makes it highly desirable for commercial development. The property will be better utilized with a B2 zoning which will allow the development of a variety of business, office and service uses. The property contains 324 linear feet of frontage on US Route 522. The rezoning of the subject parcel will permit the development of a greater variety of suitable commercial uses than would be possible with the current mixed zoning of B 1 and RA. A. SITE SUITABILITY The majority of the site is well suited for commercial development. The property slopes gently away from Route 522 making construction of access to the site possible without major earthwork activities. The area along the northern property line contains utility easements as well as a drainage way which carries storm water runoff away from US Route 522. This area can be developed with the installation of drainage structures and the elimination of several low lying areas through the addition of controlled fill. 100 YEAR FLOOD PLAIN FIRM Community Panel Number 510063 01158 shows the parcel is not within designated areas of the 100 year flood. WETLANDS No wetlands have been identified on the site. Minor portions of the drainage way along the northern property boundary are poorly drained and there is evidence of hydric soils and plants. however, the hydric soils and plants are not in significant quantity. STEEP SLOPES The property generally slopes to the east. Slopes range from 1.0% to approximately 10%. page 1 IMPACT ANALYSIS STATEMF"T PARCEL ID: 64B -((A))-30 and 1 --&CEL ID: 64B -((A))-29 MATURE WOODLANDS The site is generally without mature woodlands. SOILS According to the Soil Survey of Frederick County, the site contains the following soil type: Blairton silt loam, 2-7%, (3B). These soils are part of the Weikert-Berks-Blairton Association which are generally shallow to moderately deep and formed from weathered shale or sandstone. The Unified soil classifications are GM, ML, and CL. Unweathered bedrock can be expected at relatively shallow depths around 36 inches below the ground surface. There are no critical areas on the site. AIRPORT DISTRICT The subject property is within the Airport District - API as defined by the Frederick County Zoning Ordinance. The purpose of this district is to prevent the encroachment of airport hazards. The property is within the "Approach zone" which extends away from the ends of the runway along the extended centerline. The height limitations within the approach zone are defined as one foot in height for each fifty feet in horizontal distance beginning at a point 200 feet from and at the centerline elevation of the end of the runway. The elevation at the end of the runway is 726 feet MSL. The distance to the site is approximately 2600 feet. The approximate height limitation at the subject property is 774 feet MSL. The maximum elevation at the property is approximately 740 feet MSL. B. SURROUNDING PROPERTIES The site to be rezoned is bordered on the north by three parcels. See Exhibit 2. Parcel 28 is owned by G. G. McGwain, zoned B 1, and is currently the location of a beauty shop and residence. Parcel 25 is owned by W. L. Galladay, Jr., zoned B 1, and is currently vacant. Parcel 21 is owned by W. L. Galladay, Sr., zoned RA, and is currently vacant. To the west is the Route 522 right-of-way. Two parcels are adjacent to the southern property boundary. Parcel 3 is owned by Fred K. and Sandra Pecht, zoned B 1, and used for residential purposes. Parcel 5 is owned by Roger L. and Phyllis A. Helsley, zoned RA, and used for residential purposes. The property which borders the eastern property line consists of a one foot wide strip of land owned by Beverley M. and Marjorie G. Beaver, zoned RA, and is currently vacant. Beyond this parcel is a 60' wide strip of land owned by the Winchester Regional Airport Authority. The adjoining property owner information is listed below. Parcel ID # 64B -((A))-25 W. L. Galladay, Sr. 437 Front Royal Pike Winchester, VA 22602 Parcel ID 9 64B -((A))-21 W. L. Galladay, Sr. 437 Front Royal Pike Winchester, VA 22602 page 2 Parcel ID # 64B-((2))-5 Roger L. and Phyllis A. Helsley 497 Front Royal Pike Winchester, VA 22602 Parcel ID 9 64B -((A)) -33A Beverley M. and Marjorie G. Beaver 1400 Opequon Avenue Winchester, VA 22601 IMPACT ANALYSIS STATEMF' `T PARCEL ID: 64B -((A))-30 and I-..ACEL ID: 64B -((A))-29 Parcel ID 9 64B-((2))-3 Fred K. and Sandra Pecht 485 Front Royal Pike Winchester, VA 22602 Parcel ID # 64-((A))-7 C. W. & Christine M. Wilson P. O. Box 200 Fisherville, VA 22939 Parcel ID # 64-((A))-9 Jasbo, Inc. & Fred L. Glaize, III P. O. Box 888 Winchester, VA 22604 Parcel ID 464B -((A))-28 Gary G. McQuain 2142 Martinsburg Pike Winchester, VA 22602 Parcel ID 964-((A))-5 Elks Club of Winchester, Inc. P. O. Box 25 Winchester, VA 22604 The area surrounding the subject property is identified in the Comprehensive Plan for commercial growth. Overall, the area is steadily changing to commercial uses including retail and general office. Commercial development of the property may have adverse impacts on the remaining residential properties. Impacts could include noise, dust, and glare from site lighting. Impacts resulting from commercial development of the property will be mitigated by the application of a landscaping and screening buffer required to be located between residential land zoned RA and future commercial development on land zoned B2. The Frederick County Zoning Ordinance requires a category B distance buffer with a minimum width of 50 feet plus the installation of opaque screening to reduce visual impacts upon residential property. There are currently two adjacent parcels zoned B 1 which are being used for residential purposes. No distance buffer is required between B 1 and B2. The owner is willing to proffer the installation of a Category B buffer along the common property lines which coincide with these properties as ton; as the properties are being used for residential purposes. See the Proffer Statement in the Appendix. C. TRAFFIC The site is less than one mile from the intersection of Route 522 and Route 50. This intersection is immediately adjacent to Interstate 81. The 1997 Comprehensive Plan classifies Route 522 as a major arterial road. Route 522 at the site is a five lane road with dual lanes in each direction and a center turn lane. Traffic data from the Virginia Department of Transportation for nearby roads is somewhat dated. A 1995 count records 31,400 trips on Route 50 at Interstate 81. A 1994 count records 8,000 trips on Route 522 at Route 644. Route 644, Papermill Road, is approximately 1.5 miles south of the site. A 1990 count records 10,295 trips between 7 A.M. and 7 P.M. on Route 522 at Route 50. An estimate of current traffic on Route 522 at the site would be 12,000 to 13,000 trips per day. In the 1997 Comprehensive Plan a general road plan for the eastern portion of the county has been prepared for arterial and collector roads. The plan does not identify specific locations and alignments for future roadways, but is intended to show the connections which should be made page 3 IMPACT ANALYSIS STATENIF' `T PARCEL ID: 648-((A))-30 and P --?,CEL ID: 64B -((A))-29 between various locations and routes_ The Eastern Road Plan illustration shows a proposed Major Collector road between Route 50 and Route 522. The Route 522 connection is shown in close proximity to the subject site. In addition, preliminary road plans generated for the county show a potential alignment for this collector road to be located along the eastern property line of the subject property. In order to facilitate the goals of the 1997 Comprehensive Plan, the owner of the property is willing to proffer the reservation of a strip of land along the eastern property line to accommodate the future construction of a connection between Route 522 and Route 50. See the Proffer Statement in the Appendix. Traffic impacts as a result of commercial development of this property can be estimated by assuming the most intensive usage of the site. In this case, the most intensive usage will be some type of retail activity where vehicle trips experience intermittent peaks during specific times. Vehicle trips are herein estimated using the ITE Trip Generation Manual, Fifth Edition for the category of "Specialty Retail Center". According to the Frederick County impact model, the property could contain up to 74,473 square feet of retail space. Traffic impacts can be based on the area of potential retail space. For the purposes of this report, trip ends will be estimated from the ITE Manual as follows: Average Vehicle Trip Ends -Weekday: 40.67x 74.4 = 3,028 Average Vehicle Trip Ends-A.M. Peak Hour: 6.41 x 74.4 = 477 Average Vehicle Trip Ends -P.M. Peak Hour: 4.93 x 74.4 = 367 Average Vehicle Trip Ends -Saturday: 42.04 x 74.4 = 3,128 Average Vehicle Trip Ends -Sunday: 20.43 x 74.4 = 1,S20 The generation of over 3,000 trips per day from a 74,000 square foot retail center would have a significant impact on traffic movement on Route 522. The developer of such a project would have to provide improvements to the road infrastructure as required by the Virginia Department of Transportation. Improvements could include signalization, additional turn lanes, and perhaps the construction of a portion of the proposed connection between Route 50 and Route 522. These issues would have to be addressed during the site planning process. D. SEWAGE CONVEYANCE AND TREATMENT There are currently public sewerage facilities available to serve the site. An 8" diameter sanitary sewer line runs in an easement on the north side of the site. Please see Exhibit 3. Sewage flows from general retail space may amount to 200-300 gallons per day per 1000 square feet. The projected flow generated from 76,473 square feet is 22,000 -pd or less than 0.04 cfs. Sewage from the site will be treated at the Opequon Water Reclamation Facility. E. WATER SUPPLY There are currently public water facilities available to serve the site. The Frederick County Sanitation Authority has a 12" diameter water main running parallel with the centerline of Route 522 along the property frontage. page 4 IMPACT ANALYSIS STATEMF"T PARCEL ID: 64B -((A))-30 and F. -<.CEL ID: 64B -((A))-29 F. DRAINAGE The site contains a natural swale which carries runoff away from Route 522. Recent improvements to Route 522 have included the installation of drainage structures which convey runoff to a culvert located near the center of the site. This culvert discharges water to the swale that eventually flows to Sulphur Spring Run. There are no permanent or intermittent streams on or near the site. An increase in storm water runoff can be expected with any development on the parcel. Storm water management will be provided in accordance with the Frederick County Code, Chapter 165. It is anticipated that a detention facility will be constructed near the eastern boundary of the property to serve the entire site. G. SOLID WASTE DISPOSAL FACILITIES The nearest solid waste transfer facility is located at the Frederick County Landfill approximately 3 miles to the northeast on Sulphur Spring Road. No additional solid waste disposal facilities will be required for the proposed development. The amount of solid waste generated by a retail development can be estimated based at 500 pounds per day for the entire retail operation. Tipping fees are $35.00 per ton. Collection fees are $25.00 per ton. The annual cost projected to meet waste disposal needs can be estimated by: cost = cost per ton of waste x tonnage $5,475.00 = $60.00 x (500 lbs) x (1120001bs/ton) x 365 days/year H. HISTORIC SITES AND STRUCTURES The site contains no known historic sites or structures as listed on the Virginia Landmarks Register and the National Register. According to the Frederick County Comprehensive Plan Battlefield inventory, the property lies outside the commonly accepted limits of the major civil war battles. The nearest recognized battlefield associated with the Civil War would be the Second Battle of Kernstown located approximately one mile west of the site. The Rural Landmarks Survey Report lists several architecturally or historically significant sites and structures within approximately one mile of the site. Please refer to Exhibit 4. I. COMMUNITY FACILITIES ED UCA TION No impacts to education facilities are anticipated. EMERGENCY SER 1 ICES Police protection is provided by the Frederick County Sheriffs Department. The nearest fire and rescue facility is the Greenwood Fire and Rescue Company No. 18 located approximately 4.0 miles to the northeast on Senseny Road. No additional fire and rescue facilities will be required for the area proposed to be rezoned. The Frederick County Capital Facilities Impact Model page 5 IMPACT ANALYSIS STATEWITT PARCEL ID: 64B -((A))-30 and p.�CEL ID: 64B -((A))-29 calculates that the projected new capital costs for emergency service facilities attributable to this development is $2,478.03. PARKS AND RECREA TION The Frederick County Capital Facilities Impact Model calculates that the projected capital cost for public park facilities attributable to this development is $0 00. J. OTHER IMPACTS Interviews with county staff indicate that no additional impacts are required to be addressed. page 6 IMPACT ANALYSIS STATENIF'T PARCEL ID: 64B -((A))-30 and 1-. —(CEL ID: 64B -((A))-29 IMPACT ANALYSIS STATEMENT APPENDIX item EXHIBIT 1 SITE LOCATION 1 EXHIBIT 2 PROPERTY MAP 2 EXHIBIT 3 SITE MAP 3 EXHIBIT 4 HISTORIC STRUCTURES 4 EXHIBIT 5 FISCAL IMPACT MODEL EXHIBIT 6 CURRENT TAX STATEMENT 6 EXHIBIT 7 PROFFER STATEMENT 7 EXHIBIT 8 PROPERTY DEED 8 pale 7 I 1s5)'�.b�I �� • f. 4 7' ', / lTe. 1. ��h. i c'f� j: �� ,�ti � ��,�. .`��• 1' ��.. r•,::�� 14' �� ':�r� • rlf• . •` - �} /, �' � inchester Oje27C}C Wah Ap�lg is i. .'� C ��/j j// y �!• '.Isi1\s o�� 36a� � r iAN 7limen r�ry R y • i • / '� � r' uigSy' b5 �� 1 P � � 1 i li 5`'b :i 1 ��' �' ,� /'r: �'�-. O• //' f }�9ena�o � �.,i `Ir (�, ,1� ;r•Q i,�.0.•• �,•.�• C loah !` ff� •�l�NT — i � • • ,-� •� YA Ory [� 1' �,� �`� � � ` � c0� �4 •�ti. � "y 'i '� • s r a Cem 8M � ter••% � I � . 52zJ : � � \ . s, — �- ' •-J r , i � � •��•i+' / � �/ �•.�, `� yam; �. ,� �� ' 'iF ••� +• ,. - i-�'� � �l ! ,1 r l ••tt• ilii f r l�i /� / •�• , 1 �.' f _ 1 � /rt r• / d�"_.. \ �!� (�� r \J �' i� �. ?� Y`. ,, � I y �1 �Jf S )��S j ) ' �� -, ,y� 'f c ;�'-, v ---- "•, � C• _� .. ` ,�` + Du if 725. )'� /ri/ 7' J _ �1 1u0,- ( _ ,,. / I ;(I E •�' �'��-l`i �C:�� ch. �• ; ._ �� f '(�� s;�� 1 i�'�' /f� � ' X71, _i1d' •f�i6)r71,^ ��i / `.fit 1-(x777J ha 1 I� 3M 73,3 40 •. 1 t I .- 1�, t i - /mow' �� • '1' // Q `' �'•• �• y}�� I � 11-:. ',.,�/ /�iolf Cll� GJ 1�r I'h �' r 1 .1. �'` '. t\ 8~ •�i �J � -'tel i ( � -• � _��t � '� � f� �'1 f�;; 0�.11i ! , ,��, Vii• .i� � �-. (�.-, ' I��'�q� � 1�r•�: 1� ��. � -�� _f f� , J r /• l �} _9 �J •i\✓n '1i iii \� • Winchester Municipal �` /. :r t} .• .� � 1 �\� p 1�� ', o/ ; !* '\\� it 1 Y ♦ 050• ' �. 730 1 - 7 621, `�rf� .S• . } •� i-700 11`` I� l! .-J / 1 :. 9d, -r,! ' l•, �) �I�I Y iii 'i ' t?� �' ti ��• - f' 1 _ ��' f 727 Shenandoah Memorial ParkrZ PROJECT: __ OATE: 12-15-97 PAINTER-LEWIS, P.L.C. SITE LOCATION SURVEY: NA 302 South BroddaCk Street. Suite 200 DRAWN- JCI. Wineneater. Virginia 22501 A PROPOSED REZONING EXH181T: Telephane (540)662-5792PARCEL 64 B—((A))-2930 SCALE: 1- - 2000• Facsimile, (540)662-5793 C.I.:0 I FREDERICK COUNTY, VIRGINIA Joe NO.: 9711022 PAINTER-LEWIS, P.L.C. 302 South 9roddock Street, Suite 200 Winchester, Virginia 22601 Telephone (540)662-5792 Facsimile (540)662-5793 22 0 a 3.3 36 75 _>0 76 6n :T. DATE: 12-13-97 PROPERTY MAP SURVEY: M&L A PROPOSED REZONING DRAWN. JCL EX1iit31r: PARCEL 64 6-((A))-29 f 30 SCALE: no C I,: no z FREDERICK COUNTY, VIRGINIA 40e No.: 9711022 GRAPHIC SCALE 100 50 0 100 I I 1 inch = 100 M / . IRS Ni PIN 9 A NAIL &CAP IN CORNER�POST BEVERLEY M. BEAVER & MARJORIE G. BEAVER 648 -A -33A1 ZONED. RA USE. VACANT O _ 1 - 3 ROGER L. HEL SLEY & //3.5869 ACRES (ADJUSTED AREA) i PHYLLlS LSLEY / C,AJP 3.2429 ACRES (ORIGINAL AREA) L S D: 1 USE: RSI DE l7AL / /�, I I I TRACT LINES 3 I-- _j / J j HEREBY VACATED ` I �IRS N04-14'41 " O /�75.20'�c, JP�� o �Al N 00'31'10" C- 324. FRED K. PECHT & SANDRA PECHT ZONED: B1 IRS USE: RES U. S_ ROUTE 522 - FRONT ROYAL PIKE VARIABLE WIDTH R/W WILSON ELKS JASBO/GLAIZE ZONED: M2 ZONED: 32 ZONED. 82 USE: RESIDENTIAL USE: FRATERNAL ORG. USE' VACANT PAINTER—LEWIS, P.L.C. ---- DATE: 01-21-98 SITE MAP SURVEY: Mcrsm&-Legge 302 South Braddock Street. Suite 200 Winchester. Virginia 22601 A PROPOSED REZONING DRAWN. JCL EXHIBIT: Telephone (540)662-5792 PARCEL 64 8—((1))-30 SCALE: 1' . 100' FraC8irrtile (540)662-5793 FREDERICK COUNTY, VIRGINIA 3 J09 NO.: 9711022 i/"�'Z 4.414 199 Barr House(I-house) 424 Garber Farm(Federal style) 427 Calvary Church of the Brethren(Reconstruction-church) 430 Rosenberger Farm(Reconstruction-agriculture) 431 Russell Place(I-house) 459 House, Route 522(Hall-Parlor) 460 House, Route 522(Craftsman) 461 Moreland's Stop & Shop Grocery(WWI-commerce) 462 Pingley House(Reconstruction-agriculture) 463 Store, Route 522 at Old Route 645(WWI-commerce) 464 Beaver House 465 Gothic Revival Cottage, Beaver Property I PAINTER--LEWIS, P.L.C. -�- HISTORIC STRUCTURES SURA: N t5-9' 302 South Braddock Street. Suite 200 DRAWN: JCL Winchester, Virginia 22601 A PROPOSED REZONING EXHIBIT: Telephone (540)662-5792 PARCEL 64 8—((A))-29 30 SCALE: '" a zoao• Facsimile (540)662-5793 C.L: na 4 FREDERICK COUNTY, VIRGINIA Joe No.: 9711022 -------------- OUTPUT MODULE Fire Department Rescue Department Elementary Schools Middle Schools High Schools Parks and Recreation TOTAL -------------------------- FIRE AND RESCUE ADDENDUM New Capital Costs Not Covered by County Contributions -------------------------------------------- NOTES: Model Run Date 12/16/97 EAW P.I.N. 648-A-29 & 30 Rezoning: 3.58 acres assuming: 76,473 sq.ft. retail on 3.58 acres of B2 52,478.03 Due to changing conditions associated with development in the County, the results of this Output Module may not be valid beyond a period of 90 days from the model run date. Net ------------- Credit for Fiscal Taxes to Capital Impact Capital Net COSiS Cradi C= 2� $84 5374 $71 5361 SO 50 $136,477 50 SO U S8.111 I4 5445 ------------------------------------------------ 52,042,213 5144,964 SO New Capital Costs Not Covered by County Contributions -------------------------------------------- NOTES: Model Run Date 12/16/97 EAW P.I.N. 648-A-29 & 30 Rezoning: 3.58 acres assuming: 76,473 sq.ft. retail on 3.58 acres of B2 52,478.03 Due to changing conditions associated with development in the County, the results of this Output Module may not be valid beyond a period of 90 days from the model run date. PC REVIEW DATE: 05/06/98 BOS REVIEW DATE: 05/27/98 REZONING APPLICATION #008-98 OAKCREST BUILDERS, INC. To Rezone 2.5 Acres from B2 (Business General) to RA (Rural Areas) District LOCATION: This property is located at the southwest quadrant of the intersection of Millwood Pike (Route 50) and West Parkins Mill Road (Route 644). MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBERS: 77-A-26 PROPERTY ZONING & PRESENT USE: Zoned: B2 (Business General) District Land Use: Residential; Vacant RA (Rural Areas) District Land Use: Residential; Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: Zoned: RA (Rural Areas) District South: Zoned: RA (Rural Areas) District East: Zoned: RA (Rural Areas) District West: Zoned: RA (Rural Areas) District Use: Residential; Vacant Use: Residential (Deerfield Estates) Use: Residential; Vacant Use: Residential; Vacant PROPOSED USE: Five -acre single-family residential lot REVIEW EVALUATIONS: Frederick -Winchester Health De t.: The Health Department has no objections to the rezoning of this property provided that two conditions are met on the subdivision plat for this future five -acre tract. Please see letter from Doug Dailey dated April 20, 1998. Oakcrest Builders, Inc., RFZ 9008-98 Page 2 April 23, 1998 Public Forks: We offer no comments at this time. Therefore, we recommend approval of the subject rezoning request. Planning & Zoning: 1) Site History The Board of Supervisors approved Rezoning Application #023-89 of Oakcrest Builders, Inc., on January 10, 1990 with proffers. This rezoning application created a split zoning on this 67.48 -acre tract to create 23.23 acres of B2 (General Business) District and 44.25 acres of RA (Rural Areas) District land. A proffer statement was approved as a part of this rezoning application which contains eight conditions. Condition 1 calls for the dedication of land along West Parkins NO Road (Route 644) for road improvements and Condition 7 states that the existing residence on this property will continue as the same use although a portion of the structure falls within the B2 (General Business) District land area. No development activity has occurred on this property since the approval of the rezoning application; therefore, Condition 7 is the only component of the proffer statement that has been implemented to date. 2) Location The property is located outside of the Frederick County Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). The property is not included within an approved land use study area within the Comprehensive Policy Plan. 3) Site Suitability The 2.5 -acre portion proposed for rezoning does not contain areas of flood plain or steep slope. The pond located on this acreage is identified on the National Wetlands Inventory map for Frederick County, and the site contains a small area of woodlands, as well as soils that are identified as prime agricultural. The Frederick County Rural Landmarks Survey does not indicate any structures of historical significance on or adjacent to this property, nor does it identify this site as a potential historic district. 4) Potential Impacts The rezoning of 2.5 acres of the 23.23 acres of B2 (General Business) District to RA (Rural Areas) District produces no significant impacts to this property or the immediate area. This proposal will not increase the amount of traffic generated from this site, nor will it increase capital costs to community facilities and services. Therefore, staff did not require the applicant to prepare a traffic Oakcrest Builders, Inc., REZ #008-98 Page 3 April 23, 1998 impact analysis for this rezoning application, nor did staff apply the Capital Facilities Impact Model to this proposal. 5) Proffer Statement The applicant did not submit a proffer statement for this rezoning application. Staff met with the County Attorney to review the eight conditions associated with Rezoning Application #023-89. The County Attorney did not feel that any addendums to this proffer statement were necessary based on this proposal. STAFF RECOMMENDATION FOR 05/06/98 PLANNING COMMISSION MEETING: The proposal to rezone 2.5 acres from B2 (General Business) District to RA (Rural Areas) District is for the purpose of creating a five -acre lot for the existing residential structure. This proposal will not create additional impacts from this property as the five acres cannot be further subdivided for additional residences. Staff believes that this rezoning proposal is appropriate provided that the dedication of land along West Parkins Mill Road (Route 644) for future right-of-way improvements, as stated in Condition 1 of the Rezoning Application #023-89 proffer statement, is provided during the platting process for the future five -acre lot. O:\AGEN DASURFl.ONE\COMMENTS\OAKCREST. REZ Lord Fairfa. Environmental Heal, . District 107 N. Kent St_ P. O. Box 2056 Winchester, Virginia 22604 (540) 722-3480 FAX (540) 722-3479 Counties of Clarke, Frederick, Page, Shenandoah Warren, and City of Winchester April 20, 1998 Stephen Gyurisin 200 N. Cameron St. Winchester, VA 22601 Re: Tax Map # 77-A-26; rezoning request Dear Mr. Gyruism: The existing sewage disposal system serving the brick home on the subject property was evaluated on April 16, 1998. No sewage was found on the ground surface in the area of the drainfield indicating that the system was apparently not malfunctioning. Therefore, the health department has no objection to the proposed rezoning as outlined in the application as long as the following conditions are met: 1) The property line is to be clearly marked on site in the area of the drainfield to verify that the existing sewage disposal system is on the proposed five acre parcel. If there is any question about the location of the system relative to the property line, portions of the system may have to be uncovered. 2) An easement for possible future repair of the system by means of a discharging sewage disposal system is to be shown on the final plat. This easement must be in perpetuity, specified for "treated sewage effluent", and include the area 25 feet on either side of the channel that runs from the pond to the right of way of Route 50. Please contact me with any questions at 722-3478. Sincerely, gn,�I :-2, Doug Dailey, Frederick -Winchester Health Department DD/dd Rezoning #,008-98 PIN: 77—A-26 Oakcrest Builders, Inc. Produced by Frederick County Planning' and Development, 4-22798 76A .0 73 17 G E m 2 rk 72 4 1388 ' 9 l2 3 86 8C 5 70 �C 8A 13 72 1N 69 66 7A 137E '6A y W. E137 14 4 �P 1 68 137 5 S 15A 137A 1A 20A 67 a 61 137C 20 66 Rf. 64 131 21. Dye 6 64 62 11101�hN rown y 63 137D John on �C•, ,Arpnyo a.7 D _ 22 , 49 49 36 136A 24 23 gxy , ;.h. ��_� 52 51 a 30B 136B 48 3s_ses Shulf 56A 25. 47 56 56C 130D { 46 �b,P rod' f' Bowen spry* 5_ 5 44 43 56 133 26 Q t 2 is* Nail 4 FREDERICK CLARK 130 130C 11 Saville 13 40 q I 10 74 36 8 9 Flet ier 15 35 34 Baker/Fisher Do al son 27 7 7 16 28 6 1 5rY 5 2 129 2 4 i 3 3 1 4 e 29A 24 20 21 29B 19 ,op 0t4 kir 6 Q i 112 ,ua n 25 18 23 29 a 7 7 Kleene„� bp� Q 113 128 t 8 r1 R 12 ,70 9 LS 16 Rezoning #,008-98 PIN: 77—A-26 Oakcrest Builders, Inc. Produced by Frederick County Planning' and Development, 4-22798 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff.- Zoning taff. Zoning Amendment Number Date Received - D - PC Hearing Date 15-6-q7 BOS Hearing Date -5-Z7' 7 The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North ! Kent Street, Winchester. 1. Applicant: Name: Gilbert W. Clifford & Associates Telephone: 540-667-2139 Address: 200 N. Cameron Street Winchester VA 22601 —_ Stephen M. Gvurisin 4/2/98 2. Property Owner (if different than above) Name: Oakcrest Builders, Inc.. Telephone: 540-667-4101 Address: 2055 Vallev Avenue, Winchester, VA 22601 3. Contact person if other than above Name: Stephen M. Gvurisin Telephone: 540-667-2139 4. Checklist: Check the following items that have been included with this application. Location map X Agency Comments X Plat X Fees X Deed to property X Impact Analysis Statement N/A Verifying taxes paid X Proffer Statement --N/A 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: Oakcrest Builders, Inc. 6. A) Current Use of the Property: _ Existing Single Family Dwelling_ B) Proposed Use of the Property: Single Family Dwelling 7. Adjoining Property: PARCEL ID NUMBER 77-A-20,21,22,23,24 & 25 77-A-27 & 28 77-A-47,48,49 & 49A 77-A-8,9, 11 & 12 USE ZONING Rural Residential RA Agricultural RA Rural Residential RA Rural Residential RA 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): the in 4/2/98 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 #: 77-A-26 District Magisterial District: Shawnee High School: Tames Wood Fire Service: Greenwood Middle School: Tames Wood Rescue Service: Greenwood Elementary School: Armel 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested d2.5 B-2 R -A Total Acreage to be Rezoned 11. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed - NONE Single Family Homes: Townhomes: Multi -Family: Non -Residential Lots: Mobile Home: Hotel Rooms: Square Footage of Proposed Uses - N/A Office: Service Station: Retail: Manufacturing: Restaurant: Warehouse: Other: Adjoining Property Onwers 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 propoerty is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right- of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name and Property Identification Number Address Name: Richard A. & Janet S. Dye 11310 Vale Road Oakton, Virginia 22124 Property # 77-A-20 Name: Ray D. & Betty M. Goover 1946 Airport Road Winchester, Virginia 22602 Property # 77 -A -20A Name: Wallace H. & Mae E. Brown 1181 W. Parkins Mill Road Winchester, Virginia 22602 Property # 77-A-21 Name: Joseph B. Johnson, Jr. 1105 W. Parkins Mill Road Winchester, Virginia 22602 Property # 77-A-22 and 23 Name: Edward F. Golightly 1025 W. Parkins Mill Road Winchester, Virginia 22602 Property #77-A-24 Name: Randy M. & Karen D. Bowen 1058 W. Parkins Mill Road Winchester, Virginia 22602 Property #77-A-25 Name: Oakcrest Builders, Inc. 2025 Valley Avenue Winchester, Virginia 22601 Property #77-A-26 Name: Reginald Barnes Baker 1016 W. Parkins Mill Road Winchester, Virginia 22602 Property # 77-A-27 Name: Mary Baker Fisher & Gene E. & Mary B. 246 Bush Drive Winchester, Virginia 22602 Property # 77-A-28 Name and Property Identification Number Address Name: Horace A. & Curtiss W. Shultz 13615 116th Place, NE Kirkland, WA 98034 110 E. Parkins Mill Road Winchester, Virginia 22602 3321 Millwood Pike Winchester, Virginia 22602 Property # 77-A-47 & 48 Name: Gregory & Florence J. Arango Property # 77-A-49 Name: Robert D. W. Orndorff Property # 77 -A -49A Name: Eugene W. & Mona G. Donaldson 215 Jackson Drive Winchester, Virginia 22602 210 Jackson Drive Winchester, Virginia 22602 4 Euclid Avenue Winchester, Virginia 22601 180 George Drive Winchester, Virginia 22602 130 George Drive Winchester, Virginia 22602 Property # 77-4-8 Name: William L. Fletcher, Jr. Property # 77-4-9 Name: Juanita W. Fletcher Property # 77-4-10 Name: Bruce L. & Donna R. Saville Property # 77-4-11 Name: Edward T. & Cindy C. Nail Property # 77-4-12 Name Property # Name Property # Name Property # Name Property # Name Property # 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): (,- 4 fits 5 4 ve(5,J Owner(s): 14 Date: Date: Date: Date: i SHAWNEE DISTRICT SECTION 77 :oo a eoo mo Sewage Disposal System Construction Permit PAGE OF 'ommonwealth of Virginiai Health Department Department of Health �Ad Identification Number . Health Department Map Reference r7 --A - Q e' General information New,K Repair ❑ Expanded ❑ Conditional ❑ FHA ❑ VA ❑ Case No. Based on the application for a sewage disposal system construction permit filed in accordance with Section 3.13.01, d_�_wstrttcfion permit is hereby issued to: Owner Address L. '{ Teleph a 2 J -''% /C , Cx4, /Z1 1 For a Type Sewa e d sposal system whichis to be constructed on/at �� 16- / , Subdivision Section/Block Lot Actual or estimated water use (2s_ t•nt�/o�/�eS DESIGN NOTE: INSPECTION RESULTS Water supply, existing: (describe) Water supply location: Satisfactory yes ❑ no ❑ To be installed: class cased - 'rn grouted' Building agwer: —� I.D. PVC 40, or equivalent. Slope 1.25" per 10' (minimum). ❑ Other Septic tank: Capacity 1000 gals. (minimum). ElOther Inlet-outlet structure: - - PVC 40, 4" tees or equivalent. ❑ Other Pump and pump station: No ,X Yes ❑ describe and showdesign. if ves: -_ comments G. W. 2 Received: yes ❑ no ❑ not applicable ❑ Building sewer. Satisfactory Pretreatment unit: Satisfactory - yes ❑ no ❑ comments yes ❑ no ❑ comments Inlet-outlet structure: yes ❑ no ❑ Satisfactory pump station:"" "ye$ �7" ❑ Satisfactory comments comrrieks Gravity mains: 3" or larger LO., minimum 6" fall per 100', 1500 Ib, crush strength or equivalent. Conveyance method: yes ❑ no ❑ comments ❑ Other Satisfactory Distribution box: Precast concrete with ports. Distribution box: yes ❑ no ❑ comments ❑ Other Satisfactory Header lines: Material: 4" I.D. 1500 Ib. crush strength plastic or equiva- Header lines: Satisfactory yes C] no E] comments lent from distribution box to 2' into absorption trench. Slope 2" minimum. ❑ Other Percolation lines: Gravity4" per g plastic 1000 Ib. r foot bearing load or Percolation lines: Satisfactory yes ❑ no ❑ comments equivalent, slope 2" 4" (min. max.) per 1001. ❑ Other Absorption trenches: S Square ft. required a q eq —. depth from ground Absorption trenches:es Y ❑ no [3 comments surface to bottom of trenchpi „ - ?-%„ ; aggre ate size ' • - '�'. Satisfactory Trench bottom slope o� '' ' ' 1 " center to center spacing ,trench width f Depth of aggregate �; Date Inspected and approved by: Trench length ; Number of trenches Sanitarian C S. 202A ASPM C &94 11-2 Health Department Identification Number Schematic drawing of sewage disposal system and topographic features. PAGE z OF 2 - Show the lot lines of the building lot and building site, sketch of property showing any topographic features which may impact on the design r the system, all existing and/or proposed structures including sewage disposal systems and wells within 100 feet of sewage disposal system an rwervm area The schematic drawing C the sewage disposal system &hail show sewer lines. pretreatment unit. pump station, conveyance sy: tem, and subsurface soil absorption system, reserve area, etc. When a nonpublic drinking water supply is to be located on the same lot show e sources of pollution within 100 feet. ❑ The information required above has been drawn on the attached copy of the sketch submitted with the application Attach additional sheets as necessary to illustrate the design. t - aRRrcr j� SrT�6Lt rc i AMf, �Mil Pvi1-- ,f Biu, '— b i .ince Its t 0 1 11 . so a (� ,; ; / I _ r F»u.) w i M � .� S3 I' i 492.4! Ill PwL.-p 1��.oca.r ML Sk�r` C o N ro lGb% L"j Ire- ` �B -Svc MKT, K"r To F.4.;R p(L� r rJtar�.p�$y pG. 7.Co7.� Ta9N1{ . Co�f� Posy kT• SU a, Tb W AAl-Nal SM4 "M M V. .�Oct 1,07, ra 5L'F 0.0*4W4-,e rog-e The sewage disposal system is to be constructed as specified by the permit [mor attached plans and specifications ❑ This sewage disposal system construction permit Is null and void if (a) conditions are changed from those shown on the application (b) condi tions are changed from those shown on the construction permit. No part of any instailation shall be covered or used until inspected, corrections made if necessary, and approved, by the local health departmer or unless expressly authorized by the local health dept. Any part of any installation which has been covered prior to approval shall be uncoti Bred, if necessary, upon the direction of the Department - Date: Issued by: This Construction Sanitarian Per it V li til Date: Reviewed by:. 4�0-� Z — ---- Supervisory Sanitarian ------------------------------- If FHA or VA financing V AU ,0, lu�L 9 9 /Qt- '_�. �� B-93 S5` Reviewed by Date Date Suoervisory Sanitarian Remonal Sanitarian Oakcrest Builders, Inc. Rezoning Request B-2 to RA 2.5 Acres - T/M 77-A-26 Shawnee Magisterial District Review of Im act Analysis Statement Comj2onents Purpose - The purpose of this rezoning request is to reduce the zoning on 2.5 acres of Business General (B-2) to Rural Area (RA) for the creation of a five (5) acre single family lot zoned entirely RA. Background - Currently the property consists of 67.2689 acres with 44.1299 acres zoned RA and 23.1390 acres zoned B-2. The zoning district boundary splits the property. Located on the property is an older single family home with the home also split between the two zoning district categories. The home is served by an existing on-site septic and well system. The B-2 portion of the property was zoned in 1989 and proffers provided that the home continue as a residential use (proffer #7). A copy of the proffers are attached. The owners wish to create a five (5) acre residential lot for the existing home and have the lot zoned RA. Location - The property is located in the southeast quadrant of the intersection of US Route 50 (Millwood Pike) and Va. Sec. Route 644 (Parkins Mill Road). The 2.5 acre portion requested to be zoned RA is approximately 600' from the intersection along the south side of Route 644. See attached plat. Site Suitability - The site is suitable for RA zoning. A small existing pond is planned to remain. There are no flood plains, wetlands, steep slopes, woodlands, prime agricultural soils or soil conditions existing on the 2.5 acre area requested for RA zoning that create a developmental concern. The existing pond, planned to remain is approximately 25,000 square feet in size. Surrounding Properties - The use of the surrounding properties are rural in nature with large lot single family homes. The requested RA zoning is compatible with surrounding land use categories. Traffic - There are no traffic impacts associated with the requested RA zoning. The single family home is existing and no new homes or traffic generators are proposed. gilbertw. Clifford & associates, inc. Review of Impact Analysis statement Components Page 2 Sewage Conveyance and Treatment - The existing home is serviced by an on-site septic system. Subdivision of the proposed five (5) acre lot will require that all Health Department standards are fulfilled. Water SuI2121v - The existing home is serviced by an on-site well. Subdivision of the proposed five (5) acre lot will require that all Health Department standards are fulfilled. Drainage - The 2.5 acre area requested to be rezoned RA drains generally to the south to the existing pond. Runoff potential due to development will be reduced since this portion of the site will not be commercially developed. Down stream impacts are potentially reduced with the zoning change. An onsite storm water management facility is proposed for the 20.6390 acre B-2 portion of the property. The requested rezoning will not impact the ability to provide onsite stormwater management for the commercial, B-2 portion of the site. Solid Waste Disposal Facilities - There are no impacts since there are no additional homes proposed. Historic Sites and Structures - A review of the County's plans and historic resou,--i documents indicates that the 2.5 acre area to be rezoned contains no known hist. sites or structures. Im acts on Communi Facilities - This is not applicable in a "down zoning" request such as this from B-2 to RA. Other Impacts - There are no other impacts associated with the rezoning request. Proffers - Proffers as approved with the original B-2 zoning would remain intact for the 20.6390 acres. There are no proffers suggested for the 2.5 acre area requested for RA zoning. gilbert w. cli fford & associates, inc. APPROVED BY VIRGINIA DEPARTMENT OF TRANSPORTATION DATE FREDERICK COUNTY PLANNING COMMISSION DATE JUtJUIVIJIUN AUMINIJIKAIUK DATE OWNER'S CONSENT THE ABOVE AND FOREGOING SUBDIVISION OF THE LAND OF OAKCREST BUILDERS, INC., AS APPEARS IN THE ACCOMPANYING PLAT, IS WITH THE FREE CONSEN i AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IF ANY. NOTARY PUBLIC I. A NOTARY PUBLIC IN AND FOR THE STATE OF VIRGINIA, AT LARGE, DO CERTIFY THAT WHOSE NAME IS SIGNED TO THE FOREGOING OWNER'S CONSENT, HAS ACKNOWLEDGED THE SAME BEFORE ME IN MY STATE. GIVEN UNDER MY HAND THIS DAY t9 MY COMMISSION EXPIRES SURVEYOR'S CERTIFICATE _ I HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS FINAL PLAT OF SUBDIVISION IS THE LAND CONVEYED TO OAKCREST BUILDERS, INC., BY DEED DATED 5 JULY 1989, SAID DEED RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF FREDERICK COUNTY, VIRGINIA IN DEED BOOK 718 AT PAGE 687. P.I.N. 77-A-26 ZONED: RA/B2 USE: AGRICULTURAL/UNDEVELOPED COMMERCIAL S' P OFDf IO ''Ac: � a DOUGLAS C. LEGGE, L.S. FINAL PLAT OF SUDDIV151ON OF THE LAND OF OAKCREST BUILDERS, INC. SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DOUGLAS C. LEGGE DATE: 31 MARCH 1998 COVER SHEET SHEET 1 OF 2 No. 001127 AI si i $ LEGGE ,GE FP—OAK �'9rjr `l�t " � _ Land Surveyors, P.L.C. D SURV 139 rNorcn , srrxi wu�nac�.—vu�uua nsoi (340) 6457-0468 Fax (5IO) 667-0469 Cl N 62" 5W IJ C STRIP I L ERronc Icu S„ �v .RICK i TO FREDERICK CO. II FOR FUTURE ROAD I I WIDENING (0.2057 ACRES) 20' INGRESS/EGRESS EASEMENT P.I.N. 77-A-265 41.6299 ACRES ZONED: RA I I RADIUS LENGTH TANGE S tAQ tV A- 1 , I C1 29500' 2026' u) lD C] 2086' w 3 04'0418" �3 �I 656.59' 28929 146.98' I N 74'46'42" E 1 I /I 661.59 291.39' W8.10' 0 5 74'4643" W r"� f7rJ` C4 .rJ JO�4] i � �Ja 19 5 8°''.5 2" W 0 150 300 600 Graphic Scale in Feet 1 "= 300' ROUTE 64' 5 69'4932" YA. 5 FX 0 E 75.66' 233. 723' 1169` ' N6S'44 233.19 r29' E 223A6' N 7P0422"E P.I.N, TI -A-26 i 5 6s'E EXISTING .0000 EV' xft1rMG I '11UNE5 - 8 I R L" w oc � N � Polo I � P.I.N.77-A-26A ,i, I 20.6390 ACRES $ ZONED: 62 16784 "' 5 20'5W5 ECQ $ 670 Ia z1 < 4, ' N I / F,`] C3 / NOTES: O 1. NO TITLE REPORT FURNISHED. 2. EASEMENTS MAY EXIST THAT ARE NOT SHOWN ON THIS PLAT. RYE TADLE CURVE RADIUS LENGTH TANGE DELTA C1 29500' 2026' 10,49 2086' N 89'2556" E 04'0418" C2 656.59' 28929 146.98' 286 86' N 74'46'42" E 251410" C3 661.59 291.39' W8.10' 289.04' 5 74'4643" W 25'14'07' C4 30OP(y b9.56' 9.76 19 5 8°''.5 2" W 03'44'X--" FINAL PLAT OF 5UDDIVISION ��ALTH opD OF THE LAND OF fob f�� OAKCREST BUILDERS, INC. row SHAWNEE MAGISTERIAL DISTRICT v a FREDERICK COUNTY, VIRGINIA DOUGLAS C. LEGGE DATE: 31 MARCH 19 1 SCALE: 1"=300' No. 001197 SHEET 2 OF 2 L M1yM& LEGGE FP—OAK Lana §!nvgors, P.L.C. 139 North C"n , Street Wtnchdter, Vtrgtnln 22601 (540) 667-0468 Fox (540) 667-0469 PC REVIEW DATE: 05-06-98 BOS REVIEW DATE: 05-27-98 MASTER DEVELOPMENT PLAN #002-98 CENTRAL COCA-COLA BOTTLING FACILITY LOCATION: The property is located west of the intersection of Shady Elm Road (Route 65 1) and Apple Valley Road (Route 652). MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 63-A-58 & 59 PROPERTY ZONING & PRESENT USE: Zoned: M1, Light Industrial District Land Use: Agricultural ADJOINING PROPERTY ZONING & PRESENT USE: North - Zoned: RP, Residential Performance Use: Residential (including Valley Acres) RA, Rural Areas Agricultural (Kernstown Battlefield) South - Zoned: M-1, Light Industrial Use: Vacant East - Zoned: M-1, Light Industrial Use: Manufacturing (General Electric) West - Zoned: RA, Rural Areas Use: Vacant PROPOSED USE: Manufacturing, Warehousing and Office REVIEW EVALUATIONS: Virreinia Dept. of Transportation: No objection to the development and future subdivision of this property. Entrances will be constructed to meet VDOT standards. See attached letter from Barry Sweitzer dated February 23, 1998. Sanitation Authoritv: No comment. Inspections Dept.: Building shall comply with the Virginia Uniform Statewide Building Code and The BOCA National Building Code/1996. No additional comments at this time; shall comment at the time of site plan review. Fire Marshal: Approval recommended. Will address fire lanes on site plan. Central Coca-Cola Bottling Facility, MDP 9002-98 Page 2 April 22, 1998 County Engineer: The regional stormwater management facility will need to be constructed during the development of the first phase of this site. Stormwater easements need to be provided on the master development plan. An upgrade to the 12 -inch CMP may be necessary to protect down -gradient residential areas. See attached letter from Harvey E. Strawsnyder, Jr., dated March 13, 1998. Planning and Zonin Site History The Frederick County Board of Supervisors approved Rezoning Application 9004-98 for the 63.5 -acre tract on April 22, 1998. This action changed the zoning of this property from RA (Rural Areas) District to M1 (Light Industrial) District. A proffer statement was approved for the rezoning application which offers various road improvements and right-of-way dedications, maximum heights for primary and accessory structures, various buffer a: -id screening measures, and a monetary contribution for fire and rescue services. Project Scope The applicant proposes to develop the 63.5 -acre tract in two phases. The first phase accounts for 24.8 acres and is intended to be developed as a new bottling facility for the Central Coca- Cola Bottling Company, Inc. The facility will also provide a warehouse and distribution operation, as well as office space. The second phase accounts for the remaining acreage. This phase is proposed to be developed in three lots totaling 34.3 acres. An additional 4.3 acres is being dedicated as right-of-way for improvements to Apple Valley Road (Route 652) and Shady Elm Road (Route 651). The applicant will construct a regional detention basin for the 63.5 -acre site which will be utilized by the Central Coca-Cola Bottling Company, Inc., and future developers of the proposed lots within the second phase. The applicant will construct an earth berm along the entire frontage of Apple Valley Road. The earth berm will be six feet in height above the grade of the road and will contain a mixture of evergreen and deciduous plantings. Four entrances into this site will be constructed along Apple Valley Road which will require breaks in this berm at various intervals. Issues 1) Steep Slope Disturbance: The applicant has proposed to disturb the entire 0.06 acres of man-made steep slope on this property to accommodate the construction of the regional stormwater management facility and the earth berm along Apple Valley Road. Section 165-31B(6) of the Zoning Ordinance Central Coca-Cola Bottling Facility, MDP 4002-98 Page 3 April 22, 1998 pern—its the Board of curervisors to naive the ma�rrum disturoance requirement in industrial and office parks. It is the opinion of staff that the disturbance of this area of steep slope is necessary and will provide a benefit to this site and adjoining properties through enhanced stormwater management. Staff would encourage the Planning Commission to forward a favorable recommendation to the Board of Supervisors regarding this matter. 2) Stormwater Management: The County Engineer has commented that the applicant should provide for stormwater management easements to accommodate the lots within the second phase during the master development plan process. Staff believes that it would be appropriate to provide that information as a part of the master development plan approval process. This information could be demonstrated on the drawing or provided in narrative form if locations for these easements are not known at this time. STAFF RECOMMENDATION FOR 05-06-98 PLANNING COMMISSION MEETING: Staff recommends approval of this master development plan provided that all staff, review agency, Planning Commission, and Board of Supervisor comments are adequately addressed. O: WGENDASICOMMENIMCOC aCOLA.MDP COMMONWEA1 L TH ®f VIRC DEPARTMENT OF TRANSPORTATION DAVID R. GEHR EDINBURG RESIDENCY COMMISSIONER 14031 OLD VALLEY PIKE P.O. BOX 278 EDINBURG. VA 22824-0278 Mr. Steven L. Patton, P.E. C/O Triad Engineering, Inc. P. O. Box 2397 Winchester, VA 22604 Dear Steve: February 23, 1998 JERRY A. COPP RESIDENT ENGINEER TELE(540)994-5600 FAX(540)984-5607 Ref Central Coca-Cola Bottling Co., Inc. Route 651/652 Frederick County We have reviewed the master development plan dated February 19, 1998 for the referenced project and offer the following comment: No objection to the subdivision of this property. Before development, this office will require a complete set of construction plans for review. Entrances will have to be constructed to VDOT minimum standards to allow for safe egress and ingress of the property. Also, under Item 14 the site plan should offer consideration of a signalization agreement at the intersection of Route 651/652 and provision of any turning lanes which may be required at each/any access entrances. Under Item 15, stormwater management should be accomplished entirely within the site plans. The use of any VDOT roadway embankment as a retainer of stormwater is not allowed. If there are any questions or additional information is needed, please call. Sincerly6, /i a I 'l Barry J. Sweitzer, Trans. Roadway Engineer For: Norman K. Sparks, Trans. Ass't. Resident Engineer f BJS/rf Attachments xc: Mr. S. A. Melnikoff Mr. Kris Tierney I.VF KFr=� •:�iFGirna bli ��. ��:,; March 13, 1998 Mr. Steve Patton, P.E. Triad Engineering, Inc. PO Box 2397 Winchester, Virginia 22604 RE: Master Development Plan for 63.5052 acres Central Coca-Cola Bottling Facility Frederick County, Virginia Dear Steve: COUNTY of )FREDERICK Department of Public Works 540/665-5643 FAX: 540/678-0682 Based on our review of the referenced master development plan, we offer the following comments: 1. The proposed master development plan indicates future water and sewer service provided by the Frederick County Sanitation Authority. Verify this commitment prior to submittal of the site plan design for lot 1. 2. The stormwater management plan indicates the future construction of one central detention pond to serve the entire master plan development. We will require the construction of this facility concurrent with the initial site development of lot 1. In addition, the master plan should reflect any and all stormwater easements required to convey runoff from all four (4) lots. We anticipate that some use of closed conduits will be required to divert runoff from lot 1 to the detention pond. r .. 3. An upgrade of the existing 12 inch CMP maybe required to accommodAte the new stormwater facility. This upgrade should be coordinated with the Virginia Department of Transportation (VDOT). Also, the design of the detention facility may be governed by the 12 inch CMP rather than the actual storm routings to protect the downgradient residential area. 107 North Dent Street • Winchester, Virginia 22601-000 Central Coca-Cola Master Development Plan Page 2 March 13, 1998 Please contact me if you have any questions regarding the above comments. Sincerely, Harvey trawsnyder, Jr. Director Public Works HES/kch cc: Frederick County Planning Department file MDP #002-98 PIN: 63-A-58 & 59 Central Coca-Cola Bottling Facility This map was produced by Frederick Co. Planning & Development, 4-21-98 Frederick County, Virginia - Master Develo ment Plan Apolication Package 1. 3. 0 APPLICATION MASTER DEVELOPMENT PLAN Department of Planning and Development Use Only. Date application received �.� Application. 901 -T Complete. Date ofacceptance. _ Incomplete. Date of return Project Title: CENTRAL COCA-COLA BOTTLING FACILITY Owner's Name: Landon B. Whitacre (Please list the names of all owners or parties in interest) Applicant: Central Coca --Cola Bot --lin Co. , Inc. (Contract Owner) Address: Post Office Box 27887 coroorate Head uart rs) Richmond, VA 23261-7887 Phone Number: (804)359-3759 Design Company: Triad Enctineering, Inc. Address: Post Office Box 2397 Winchester, VA 22604 Phone Number: (540)667-9300 Contact Name: Steven L. Patton Page I I Frederick Countv, Virginia Master Development Plan Application Packs e APPLICATION cont'd MASTER DEVELOPMENT PLAN 5. Location of Property: This proberty is located west of the intersection of Route 651 (Shady Elm Road) and - Route 652 (Apple Valley Road 6. Total Acreage: 63.5052 7. Property Information: a) Property Identification Number (PIN): b) Current Zoning: C) Present Use: d) Proposed Uses: e) Adjoining Property Information: Property Identification Numbers North 63—((A))-18 A & B_____ South 63-((A))-59 A East 53-((A))-57 West 63-((A))-80-1 f) Nlagisterial District: _63-((A))-58 & 59 RA Agricultural Light Industrial Property Uses Agricultural Vacant Manufacturing Vacant Back Creek 8. Is this an original or amended Master Development Plan? Original X Amended I have read the material included in this package and understand what is required by the Frederick County Department of Planning and Development. I also understand that the master development plan shall include all continuous land under sinle or common ownership. All required material will be complete prior to the submission of my master development plan application. Signature: Date: �1 c18 Page 12�- Frederick County. Virginia Master Development Plan Aoplication Packaile Adjoining Property Owners MASTER DEVELOPMENT PLAN Owners ofproperty adjoining tiie land will be notitEed of the Planning %-OmLi fission 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 HF,--Z-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. NAME Name Blackburn Limited Partnership The Middleburg Bank Alvin G. and Billy G. Fletcher Charles R. and Betty B. Stine Bowman Trucking, Inc. Emory D. Wilson Barbara L. Bledsoe ADDRESS / PROPERTY NUMBER Address 110 Hawthorne Drive Property I63 -((A))-80-1 Post Office Box 5 63-((A))-18 A & B 336 Apple Valley Road 63-((A))-41 318 Apple Valley Road 63-((A))-40 A & 42 Post Office Box 2598 63-((A))-40 246 Apple Valley Road 63-((A))-43 & 44 232 Apple Valley Road 63-((A))-45 Page 13 Frederick County. Virginia Master Development Plan application Package Name General Electric Company Address Post Office Box 60340 Ft, Myer, FL 33q06 ProPerty Bruce C. Dawson 10-A Industrial Drive 1. Winchester, VA 22602 63-((A))-59 A Page 19 COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/678-0682 MEMORANDUM TO: Planning Commission Members FROM: Eric R. Lawrence, Zoning Administrator SUBJECT: Request for Exemption from the Subdivision Ordinance Requirement DATE: April 23, 1998 Staff has received a request from Benjamin Butler, on behalf of Glynnell Little Headley, to gain an exemption to the 50 -foot right-of-way width requirement of the Subdivision Ordinance (§144-17 K.1). The Board of Supervisors may allow for exemptions to the Subdivision Ordinance in cases of unusual situations or when strict adherence to the general regulations would result in substantial injustice or hardship (§ 144-5). Ms. Headley owns approximately 65 acres just northwest of James Wood High School. She desires to convey 5.36 acres along Long Green Lane to her granddaughter, Gina Headley Wilson, and son-in- law, Troy Wilson, through a family division lot. Long Green Lane is a private road with a 30 -foot right-of-way. The lands surrounding Ms. Headley are typical large agriculture parcels. The Subdivision Ordinance requires that lots be created with a minimum 50 -foot right-of-way width. As Long Green Lane is an existing 15 to 20 -foot right-of-way across property owned by others, the request asks that the Board of Supervisors exempt this land division from the 50 -foot requirement, so that the existing 15 to 20 -foot right-of-way may be utilized. Based on the location of this land division, the nature of the surrounding properties, and the fact that it is a family division lot, staff feels the request is reasonable. A recommendation that may be forwarded to the Board of Supervisors would be appropriate. Staff is available to address your concerns. ERL/cc Attachments U:IERICICOMMONISUHDI VIS\HEADLEY. WPD 107 North Kent Street • Winchester, Virginia 22601-5000 Location Map for PIN: 42—A-256 Produced by Frederick County Planning and Development, 4-22-98 LAW OFFICES KUYKENDALL, JOHNSTON, MCKEE & BUTLER, AL. C. 112 SOUTH CAMERON STREET P. O. DRAWER 2097 WINCHESTER. VIRGINIA 22604-1297 (540)662-3486 Facsimile (540)722-3787 J. SLOAN KUYKENDALL(1906-1995) J. SLOAN KUYKENDALL, III PETER K. McKEE (19341967) April 7, 1998 EDWIN B. YOST BENJAMIN M. BUTLER STEPHEN G. BUTLER PHILLIPS. GRIFFIN, 11 GEORGE W. JOHNSTON, III COUNSEL: JOHN K ANDERSON Mr. Eric Lawrence Frederick County Planning Commission 107 North Kent Street Winchester, Virginia 22601 RE: Subdivision of Land for Family Variance My File No.: 10529 Dear Eric: I represent Glynnell Little Headley, who is the owner of property known as Long Green, in Frederick County, Virginia. Mrs. Headley desires to convey the 5.366 acre tract, a copy of the plat of which is attached to this letter, to her granddaughter and Bon- in -law, Gina Headley Wilson and Troy Wilson. The is be located on Long Green Lane which is a roadway leading north off of Route 522, and the purpose of this letter is to request that the Planning Commission waive the requirement of a 50' right of way from Route 522 to the property. Long Green Lane has been used for many years as the entrance to the Headley Auction House, which is located in the barn on Glynnell Headley's property and it is well traveled, however, it is not 50' in width. Ms. Headley would be willing to put appropriate language in the Deed to caution any subsequent owners that Long Green Lane is a private lane and is not capable of being upgraded to "State Road Standards". Please let me know if a waiver may be possible in this particular case. BMB/jmw cc: Joe Headley, Sr. Glynnell Little Headley Very truly yours IL Benjamin M. Butler �,�: Rlit pt' P,tiD pL1140,i't MCGUI E a e: HILL 73 k v p 73 taw � u u S rE O "� M 0 s d. - �F Church u >< iA■fn rti - ALSI S Bahal al Gad SPRI G 789 ladr a 679 a N R7I 1 FRE ERICK OS �tR VEN R iEACE j� VICINITY IAAP hn^ lnww SCALE: 1".2000' € APPROVED BY FREDERICK COUNTY HEALTH DEPARTMENT DATE SUBDIVISION ADMINISTRATOR DATE OWNEW5 CONSENT THE ABOVE AND FOREGOING MINOR RURAL SUBDIVISION OF THE LAND OF GLYNNELL LITTLE HEADLEY, AS APPEARS IN THE ACCOMPANYING PLAT, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IF ANY. ',// NOTARY PUBLIC fi'fI• /A�i9 M zi / , A NOTARY PUBLIC IN AND FOR THE STATE OF VIRGINIA, AT LARGE, DO CERTIFY THATC/� WHOSE NAME IS SIGNED TO THE FOREGOING 0 ER'S CONSENT, HAS ACKNOWLEDGE THE SAME BEFORE ME IN MY STATE. GIVEN UNDER MY HAND THIS 26)�DAY_�,ni�/� MY COMMISSION EXPIRES _0 ,e rf„cGZ/w A/ iy7� SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS MINOR RURAL SUBDIVISION IS A PORTION OF THE LAND CONVEYED TO GLYNNELL LITTLE HEADLEY BY DEED DATED 30 MARCH 1995, SAID DEED RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF FREDERICK COUNTY, VIRGINIA IN DEED BOOK 836 AT PAGE 1381. DO GL C. LEGGE, L.S. P.I.N. 42-A-256 ZONED: RA USE: AGRICULTURAL/UNDEVELOPED FINAL PLAT FOR MINOR RURAL SUDDIVISION `OA�ALTH 0p G OF THE LAND OF GLYNNELL LITTLE HEADLEY GAINESBORO MAGISTERIAL DISTRICT ,}� y FREDERICK COUNTY, VIRGINIA y7UGLA� pDATE: 2 APRIL 1998 COVER SHEET SHEET 1 OF 2 No. 001197 �� ^ jj ¢ l�llAPSH & EGGS MS—HE _Land Surveyors, P.L.C. S� 139 North Cameron Street Wtnchevter, Vtrglnla 22601 (540) 667-0466 Fax (540) 667-0460 AD P.I.N. 4;. STF,IART S. ','S'K_, n r SR. 2.0,"' R; USS: „SRICLL-,URALI TO U.S. RTE, 529 P.I.N'. 42-A-257 JOE LITTLE HERDLEY 08 374 — P [ 9 S LVID ✓. RAUSE- RESI✓0.IT1,7AL 309.07' :moo,�F -Z LONG, GREEN I ANE r75' BRL ,I I DB 244 - P 223 r GLYNNELL LITTLE HEADLEY P.I.N. 42-A-256 61.56 ACRES (BY SUBTRACTION) ZONED: RA USE: AGRICULTURAL FL3----IL4 L2� DF LL�1 DB RD IL6 L9 L8l �j �-15' DRAINFIELD ESM'T 10 X15' DRAINFIELD UNE �� EASEMENT IN PERPETUITY ti NOTES 1. NO TITLE REPORT FURNISHED. 2. EASEMENTS MAY EXIST THAT ARE NOT SHOWN ON THIS PLAT. 3. THE PROPOSED SHARED PRIVATE DRIVEWAY IS NOT BUILT ACCORDING TO STREET STANDARDS OF AND WILL NOT BE MAINTAINED BY THE VIRGINIA DEPARTMENT OF TRANSPORTATION OR THE COUNTY OF FPEDERICK. THE !MPROVEMENT AND MAINT- ENANCE OF SAID DRIVEWAY SHALL BE THE SOLE RESPONSIBILITY OF THE OWNERS OF LOTS WHICH ARE PROVIDED WITH ACCESS VIA THE DRIVEWAY. SAID SHARED PRIVATE DRIVEWAYS WILL NOT BE CONSIDERED FOR INCLUSION INTO THE STATE SECONDARY SYSTEM UNTIL THEY MEET THE APPLICABLE CONSTRUCTION STANDARDS OF THE VIRGINIA DEPARTMENT OF TRANSPORTATION. THE COST OF BRINGING SAID DRIVEWAYS TO ACCEPTABLE STANDARDS SHALL NOT BE BORNE BY THE VIRGINIA DEPARTMENT OF TRANSPORTATION NOR BY FREDERICK COUNTY. 0 100 200 400 Graphic Scale in Feet 1"=200' PLTH OF Df� '2. it' �ld da 0 UGLAS C. W� No. 001197 19'lr X04 suwq �'i� I EQEND BRL - BUILDING RESTRICTION LINE DF - DRAINFIELD RDF - RESERVE DRAINFIELD DB - DISTRIBUTION BOX —X - FENCE LINE ® - PROPOSED WELL SITE METES AND BOUNDS OF 15' DRAINFIELD EASEMENT & DRAINFIELD LINE EASEMENT FINAL FLAT FOR MINOR RURAL SUBDIVISION OF THE LAND OF GLYNNELL LITTLE HEADLEY GAINESBORO MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE: 31 MARCH 1998 �( SCALE: l"=2(00' SHEET 2 OF 2 1L� 1 1Vll1� H & EGGE MS—HEAD _Land Surveyors, P.L.C.. 199 North Chrneron Strut wtnchcrter. vh8tnis 22601 (540) 667-0468 Fax (540) 667-0469 I I P.I.N. 42 -A -256A cd 5.3666 ACRES ZONED: RA USE: RESIDENTIAL J JI IQ. CO mPRO HOUSESISI z J o �-y� 10 0 BRL o N o DB 244 - P 223 r GLYNNELL LITTLE HEADLEY P.I.N. 42-A-256 61.56 ACRES (BY SUBTRACTION) ZONED: RA USE: AGRICULTURAL FL3----IL4 L2� DF LL�1 DB RD IL6 L9 L8l �j �-15' DRAINFIELD ESM'T 10 X15' DRAINFIELD UNE �� EASEMENT IN PERPETUITY ti NOTES 1. NO TITLE REPORT FURNISHED. 2. EASEMENTS MAY EXIST THAT ARE NOT SHOWN ON THIS PLAT. 3. THE PROPOSED SHARED PRIVATE DRIVEWAY IS NOT BUILT ACCORDING TO STREET STANDARDS OF AND WILL NOT BE MAINTAINED BY THE VIRGINIA DEPARTMENT OF TRANSPORTATION OR THE COUNTY OF FPEDERICK. THE !MPROVEMENT AND MAINT- ENANCE OF SAID DRIVEWAY SHALL BE THE SOLE RESPONSIBILITY OF THE OWNERS OF LOTS WHICH ARE PROVIDED WITH ACCESS VIA THE DRIVEWAY. SAID SHARED PRIVATE DRIVEWAYS WILL NOT BE CONSIDERED FOR INCLUSION INTO THE STATE SECONDARY SYSTEM UNTIL THEY MEET THE APPLICABLE CONSTRUCTION STANDARDS OF THE VIRGINIA DEPARTMENT OF TRANSPORTATION. THE COST OF BRINGING SAID DRIVEWAYS TO ACCEPTABLE STANDARDS SHALL NOT BE BORNE BY THE VIRGINIA DEPARTMENT OF TRANSPORTATION NOR BY FREDERICK COUNTY. 0 100 200 400 Graphic Scale in Feet 1"=200' PLTH OF Df� '2. it' �ld da 0 UGLAS C. W� No. 001197 19'lr X04 suwq �'i� I EQEND BRL - BUILDING RESTRICTION LINE DF - DRAINFIELD RDF - RESERVE DRAINFIELD DB - DISTRIBUTION BOX —X - FENCE LINE ® - PROPOSED WELL SITE METES AND BOUNDS OF 15' DRAINFIELD EASEMENT & DRAINFIELD LINE EASEMENT FINAL FLAT FOR MINOR RURAL SUBDIVISION OF THE LAND OF GLYNNELL LITTLE HEADLEY GAINESBORO MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE: 31 MARCH 1998 �( SCALE: l"=2(00' SHEET 2 OF 2 1L� 1 1Vll1� H & EGGE MS—HEAD _Land Surveyors, P.L.C.. 199 North Chrneron Strut wtnchcrter. vh8tnis 22601 (540) 667-0468 Fax (540) 667-0469