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PC 05-20-98 Meeting AgendaAGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia MAY 20, 1998 7:00 P.M. CALL TO ORDER TAB 1) Bi -Monthly Report ......................................... .... ........ A 2) Committee Reports ..................................................(notab) 3) Citizen Comments ............................. .......(no tab) PUBLIC HEARING 4) Proposed Amendments to Chapter 165, Zoning, Article IV, Supplemental Use Regulations, Section 165-48.6 "Commercial Telecommunication Facilities" of the Frederick County Code. The proposed amendment modifies the existing Commercial Telecommunication Facilities requirements to require an affidavit confirming the landowner's responsibility to remove such commercial telecommunication facilities once deemed abandoned. The amendment also requires that an attempt be made to co -locate commercial telecommunication facilities prior to requesting a Conditional Use Permit to enable the new construction of such facilities. (Mr. Lawrence) ..................... B PUBLIC MEETING 5) Master Development Plan 4003-98 of Briarwood Estates, submitted by G.W. Clifford and Associates, Inc., for the development of 230 single-family detached urban residential lots. This property is located on the east side of Greenwood Road (Rt. 656), midway between Senseny Road and Valley Mill Road, and is identified with Property Identification Numbers 55-A-1 84A, 55-A-18413, 55 -A -1 84C and 55 -A -1 84D in the Stonewall Magisterial District. (Mr- Wyatt)............................................................ C 6) Subdivision 9009-98 for Scully, Ltd. submitted by G. W. Clifford and Associates, Inc., for the development of a new .573 -acre lot. The property is located on the south side of Fairfax Pike (Rt. 277), approximately 150 feet west of Stickley Drive, and is identified with Property Identification Number 85 -A -148D in the Opequon Magisterial District. (Mr. Lawrence) ......................................................... D 7) Other BIMONTHLY REPORT OF PENDING APPLICATIONS (printed May 8, 1998) Application n newly submi t ted. REZONING: Oakcrest Builders, Inc. (REZ #008-98) Shawnee 2.5 acres from B2 to RA for the creation of a 5 -ac. single-family lot Location: Southwest corner of Rt. 50 East & Parkins Mill Rd. (Rt. 644) Submitted: 04/10/98 PC Review: 05/06/98 - recommended approval BOS Review: 05/27/98 K.D.G., L.C. (REZ #007-98) Shawnee 1.0 ac. from B1 to B2 & 2.58 ac. from RA to B2 Location: East side of Route 522, 0.72 miles south of Route 50 Submitted: 03/31/98 PC Review: 05/06/98 - recommended approval w/ proffers BOS Review: 05/27/98 MASTER DEVELOPMENT PLANS: Central Coca-Cola Bottling Facility (MDP #002-98) Back Creek Light Industrial use on 63.5052 ac. 1 parcel (pending rezoning approval) Location: West of Shady Elm Rd. (Rt. 651) & Apple Valley Rd. (Rt. 652) intersection Submitted: 04/10/98 PC Review: 05/06/98 - recommended approval w/ steep slopes disturbance waiver & stormwater mgt. issues addressed at site plan stage BOS Review: 05/13/98 Admin. Approved: pending Zeigler Mechanical (MDP #001-98) Stonewall Mfg./Office on 25.185 ac. (MI) Location: Northwest corner of the Rt. 11N/ Rt. 668 intersection Submitted: 03/23/98 PC Review: 04/15/98 - recommended approval BOS Review: 05/13/98 Admin. Approved: Pending Bimonthly Report Printed May 8, 1998 SUBDIVISIONS: Senseny Glen, Sect. III (SUB !{006-98) Shawnee Subdivision of 25.572 ac. For 71 s.f. detached urban lots (RP) Location: Adjacent to Apple Ridge, on Senseny Rd. Submitted: 03/04/98 MDP #002-91 MDP approved by BOS 05/22/91; MDP admin. approved 06/20/91 Subd. Admin. Approved: Pending Signal Station Associates (SUB #005-98) NO MDP Back Creek 2 Lot Subdivision: Lot 1A - 0.9263 ac. Lot IB - 2.1502 ac. (B2) Location: Rt. 50 W.; two miles from Winchester hospital Submitted: 02/10/98 PC Review: 03/18/98 - recommended approval BOS Review: 04/08/98 - approved Subd. Admin. Approved: 05/05/98 rsimontmy xcport Printed May 8, 1998 Mark & Rachelle Repine (SUB #004-98) NO MDP Shawnee Subdivision of 1.3719 ac. into 3 s.f. lots (RP) Location: -7771 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 I-- 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 Chapel Hill Subdivision (SUB #014-97) Shawnee 34 S.F. Det. Urban Lots on 14.4214 acres (RP) Location: East side of Rt. 522, 0.15 mi. south of Longcroft Rd. (Rt. 785) Submitted: 10/30/97 MDP #006-96: Approved by BOS 08/14/96; Admin. Approved on 09/17/96 Subd. Admin. Approved: Pending Dr. Raymond L. Fish (SUB #012-97) Stonewall Subdivision of one lot (1.4962 ac.) (132) off a 16.00 ac. parent tract (132 & B3) Location: Hopewell Rd. & new proposed street, Clearbrook Ln; 160' NW of existing Winchester & Western 60' right-of-way Submitted: 10/09/97 MDP #005-95: Approved by BOS on 01/24/96; Admin. Approved on 07/15/96 Subd. Admin. Approved: 05/04/98 Bimonthly Report Printed May 8, 1998 Briaiwood 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. A roved: Pending IIStar Fort, Sect. II (SUB #010-97) Stonewall Subdivision of 11.6182 ac. for 26 s.f. detached traditional lots Location: U.S. Rt. 522 and VA Rt. 832 Submitted: 09/16/97 MDP #004-94 Approved by BOS 09/14/94; Admin. Approved 04/10/95 Subd. Admin. Approved: Pending Lenoir City Co. Lot 2; Stonewall Indust. Pk. (SUB #007-97) Gainesboro Subdivision of a 2.6584 ac. lot (Ml) Location: McGhee Rd. (Rt. 861); approx. 1,000' from Tyson Dr, intersection Submitted: 07/28/97 MDP #006-93 Approved by BOS 07/14/93; Admin. Approved 07/28/93 Subd. Admin. Approved: Pending Dominion Knolls (SUB #005-97) Stonewall 75 s.f. zero lot line lots on 20.278 ac. (RP) Location: So. west corner of Baker Ln. (Rt. 1200) & Ft. Collier Rd. (Rt. 1322) Submitted: 05/16/97 MDP #001-97 Approved by BOS 04/09/97; Admin. Approved 06/30/97 Subd. Admin. Approved: Pending Bimonthly Report Printed May 8, 1998 Lenoir City Co. of Virginia (SUB #003-97) Gainesboro 1 MI 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) Back Creek 2 MI Lots (0.552 acres & 20.285 acres) Location: Southeast side of Development Lane Submitted: 09/08/95 MDP #003-87: Approved by BOS 07/08/87; Admin. Approved 06/08/88 Pending Admin. Approval Awaiting signed plats. RT&T Partnership (SUB) Back Creek 1 Lot - 29.6 Acres (B2) Location: Valley Pike (Rt. 11 So.) Submitted: 05/17/95 MDP #003-91 Approved by BOS 07/10/91; Admin. Approved 09/03/91 Pending Admin. Approval: Awaiting submission of signed plat & deed of dedication Abrams Point, Phase I (SUB) Shawnee 230 SF Cluster & Urban Lots (RP) Location: South side of Rt. 659 Submitted: 05/02/90 PC Review: 06/06/90 - recommended approval BOS Review: 06/13/90 - approved Pending Admin. A royal: Awaiting deed of dedication, letter of credit, and signed plat Bimonthly Report Printed May 8, 1998 Harry Stimpson (SUB) Opeguon Two B2 Lots Location: Town_ Rim Lane Submitted: 09/23/94 PC Review: / 19/94 - recommended approval BOS Review: /26/94 - approved IAiwaiting Pending Admin. Approval: signed W. SITE PLANS: Printed May 8, 1998 Shenandoah Valley Baptist Church (SP #028-98) Opequon 3,463 s.f. school addition; 0.65 ac. 1 disturbed of a 33.0541 ac. tract (RA) Location: 4699 Valley Pike Submitted: 04/20/98 Approved: Pending Schrock Bus Terminal (SP #027-98) Stonewall 16,200 s.f. bus terminal; 4 ac. disturbed on a 9.8 ac.parcel; Ml Location: Imboden Drive; Lot 7A, Baker Lane Industrial Park Submitted: 04/09/98 Approved: Pending Blue Ridge Grace Brethren Church (SP #026-98) Back Creek Sanctuary Addition; 1.2 ac. developed on a 10 ac. site (RA) Location: 1025 Cedar Creek Grade Submitted: 04/01/98 Approved: Pending Milam's Landscape & Garden Center (SP #025-98) Gainesboro Landscape Contracting & Garden Center; < 1.0 ac. disturbed of a 67.0960 ac. site (RA) Location: 2186 Northwester Pike Submitted: 04/02/98 Approved. Pending Bimonthly Report Printed May 8, 1998 Timber Ridge Residential Treat- ment Center (SP #024-98) Gainesboro 13,440 s.f. 2 -story bldg.; 0.75 ac. disturbed of a 126.244 ac. site (RA) Location: 1463 New 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) :Gainesboro10,524 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 Lenoir City Co. of Virginia (SP #n21-98) Gainesboro i 25,000 s.f. warehouse addition; 1.0 ac. disturbed on a 6.6358 ac. site (MI) Location: Lot 31, Stonewall Industrial Park Submitted: 03/26/98 Approved: 04/27/98 Barrett Machine, Inc. (SP #020 98) Gainesboro 10,253s.f. mfg.; 1,875 s.f, office; 2.5ac. of a 2.675 ac. site disturbed (MI) Location: Lakeview Circle, Lot 4, Stonewall Industrial Park Submitted: 03/26/98 Approved: Pending Bimonthly Report Printed May 8, 1998 Toan & Associates (SP #019-98) Gainesboro Revisions to Construction Mgt. Office/Warehouse Site (MI) Location: Corner of McGhee Rd. & future Tyson Dr. in Stonewall Indust. Pk. Submitted: 03/20/98 Approved: 04/24/98 Woodbrook Village (SP #018-98) Back Creek (RP) 81 multi-plex lots on 19.5938 ac. of a 34.40072 ac. site for retirement comm. Location: Opeguon Lane (at Kemstown) Submitted: 03/09/98 Approved: Pending Costco Warehouse (Revised) (SP #017-98 Shawnee Gas pump & canopy addition; 0.8 ac. disturbed on 13.0 ac. site (B2) Location: 251 Front Royal Pike Submitted: 03/11/98 Approved: Pending Bandit Karts II (SP #015-98) Shawnee 5,000 s.f. 1 -story metal bldg; 0.60 ac. of 1.00 parcel to be developed (MI) Location: Victory Lane Submitted: 03/09/98 Approved: Pending Fellowship Bible Church (SP #013-98) Back Creek overflow parking - 111 additional standard & 5 addit. handicap. (RA) Location: Intersection of Middle Rd. & Apple Valley Rd. Submitted: 03/02/98 Approved: 04/24/98 Bimonthly Report Printed May 8, 1998 10 tern Workshop 98) Stonewall 6,000 s.f. addit. to existing bldg. for mfg. use on 6.072 ac. site (Ml) 209 Cole Lane FArov,ned: 828 Smithfield Avenue : 02/24/98 Pending pending All Points Warehousing East (SP #011-98) Stonewall Mini -storage on 3.035 ac. (Ml) Location: 209 Cole Lane Submitted: 02/18/98 Approved: Pending Autumn Wind Aps. (SP #010-98) Gainesboro Garden apartments on 7.3 ac. of a 19.06 ac. tract (RP/B2) Location: Rt. 522N., 0.8+ mi. southeast of Rt. 37, behind Adelphia Cable Co. Submitted: 02/02/98 Approved: Pending White Properties at Eastgate Commerce Cntr. (SP #007-98) Shawnee Warehousing (self -storage) on 5 acres (B3) Location: Location: Corner of proposed Rainville Rd. & Tasker Dr. (Rt. 642) Submitted: 02/02/98 Approved: Pending Westminster -Canterbury (SP 006-98) Gainesboro 48 -unit assisted living facility; 1.6 ac. disturbed on a 49.35 ac. arcel(RP) Location: 300 Westminster Drive Submitted • 01/29/98 Approved: Pending bimontnty Keport Printed May 8, 1998 �1 Southeast Container (SP #001-98) Stonewall District Parking Lot; 0.2 ac. Disturbed on a 89.6 ac. Site (Ml) Location: Ft. Collier Industrial Park Submitted: 01/06/98 Approved: Pending Dr. Fairman Veterinary Office (SP #029-97) Stonewall 4,272 sq ft Veterinary Office on 1.4962 ac. parcel (B2) Location: 1092 Hopewell Road Submitted: 07/25/97 Approved: Pending Mobil-Wendys Rt. 50W Conven. Center (SP #026-97) Back Creek Gas-Conven. Cntr.; 3,783 sq ft floor area; 1.072 ac. site disturbed (RA) Location: Rt. 50 West Submitted: 07/23/97 Approved: Pending Agape Christian Fellowship Church Sanctuary(SP #005-97) Shawnee Ideveloped hurch Expansion; 2.5 ac. to be 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 #056-96) Gainesboro Warehouse on 5 acres (M1) Location: 195 Lenoir Drive (Stonewall Industrial Park) Submitted: 12/16/96 Approved: Pending Bimonthly Report Printed May 8, 1998 12 Stimpson/Rt. 277 Oil & Lube Service (SP #030-96) Opequon Oil & Lube Serv., Car Wash, Drive - Thru on 2.97 ac. (132) Location: 152 Fairfax Pk. (behind Red A2ple Country Store) Submitted: 07/03/96 Approved: 11 ending AMOCO/House of Gifts (SP #022-96) Gainesboro Gas Pump Canopy 880 sq, ft. area of a 0.916 acre parcel(RA) Location: 3548 North Frederick Pike Submitted: 05/08/96 Approved: Pending American Legion Post #021 (SP #018-96) Stonewall Addition to lodge building on 3.4255 1 acre site (B2) Location: 1730 Berryville Pike Submitted: 04/10/96 Approved: Pending Wheatlands Wastewater Facility (SP #047-89) Opequon Treatment Facility on 5 Acres (R5) Location: So. West of Double Tollgate; ad'. & west of Rt. 522 Submitted: 09/12/89 Note: Being held at applicant's request. Flex Tech (SP #057-90) Stonewall M1 Use on 11 Ac. (TV11) Location: East side of Ft. Collier Rd. Submitted: 10/25/90 Note: I . Being held at applicant's request. Bimonthly Report Printed May 8, 1998 13 VARIANCES: Gary & Diane DeOms (VAR #005-98) Back Creek 10' side yd. var. (north) for construc- tion of an addition to house (RA) Location: 149 Carters Lane Submitted: 04/10/98 BZA Review: 05/19/98 Bimonthly Report Printed May 8, 1999 14 I COUNTY of FREDERICK Department of Planning and Development 540/665-5651 �'AX : 540/ 678-0682 MEMORANDUM TO: Planning Commission Members FROM: Eric R. Lawrence, Zoning Administrator T--1 - SUBJECT: Public Hearing: Proposed Amendments to the Commercial Telecommunication Facility portion of the Frederick County Zoning Ordinance DATE: May 11, 1998 The Board of Supervisors, at their April 8, 1998 meeting, directed staff to research and consider amendments to the Commercial Telecommunication Facility portion of the Zoning Ordinance. In particular, the Board was interested in more clearly defining methods guaranteeing a tower's removal, and confirmation that a CUP applicant has made attempts to co -locate on existing towers. Staff presented the number of proposed amendments to the Development Review and Regulations Subcommittee (DRRS) at their April 23, 1998 meeting. The four elements that the DRRS was supportive of include: 1. Permitting commercial telecommunication facilities to locate on existing facilities (towers, buildings, etc) without gaining Board approval. 2. Requiring an applicant to provide confirmation that an attempt has been made to co -locate on existing facilities. 3. Requiring a landowner to sign an affidavit acknowledging that removal of a commercial telecommunication facility may be the responsibility of the landowner. 4. Requiring the removal of a commercial telecommunication facility once the tower has been abandoned for more than 12 months. After discussions, the DRRS endorsed these proposed amendments to the current Commercial Telecommunication Facility requirements of the Zoning Ordinance. Attached is the existing Zoning Ordinance, the proposed additions, and an extraction. The proposed amendments have been modeled after a sample ordinance distributed by VACO and utilized in Loudoun County. A recommendation to forward to the Board of Supervisors would be appropriate. Staff will be available to address your concerns. ERL/cc Attachment U:1E RICICOMMONIDRRSITO W ERS\TO W FRAM D. PC 107 North Kent Street • Winchester, Virginia 22601-000 Editorial key: Text presently in the Zoning Ordinance Proposed Text Additions Proposed §165-48.6 Commercial Telecommunication Facilities. [Added 4-9-1997] The intent of this section is to ensure that the siting of commercial telecommunication facilities occurs through the conditional use permit public hearing process defined in Article III of this chapter. Commercial telecommunication facilities that locate on existing structures and towers shall be exempt from the Conditional Use Permit requirement The siting of commercial telecommunication facilities is permitted within the zoning districts specified in this chapter, provided that residential properties, land use patterns, scenic areas and properties of significant historic value are not negatively impacted. A. Information required as part of the conditional use permit application shall include, but not be limited to, the following: (1) A map depicting the search area used in siting each proposed commercial communications facility. (2) Identification of all service providers and commercial telecommunication facility infrastructure within a proposed search area. The applicant shall provide confirmation that an attempt to co -locate on an existing telecommunication facility has been made (3) Information demonstrating that the commercial telecommunication facility is in compliance with the Federal Communication Commissions established ANSUIEEE standards for electromagnetic field levels and radio frequency radiation. (4) An affidavit signed by the landowner stating that he/she is aware that he/she may be held responsible for the removal of the commercial telecommunications facility as stated in §165-48.6(B.7). B. The following standards shall apply to any property in which a commercial telecommunication facility is sited, in order to promote orderly economic development and mitigate the negative impacts to adjoining properties: (1) The Planning Commission may reduce the required setback distance for commercial telecommunication facilities as required by § 165-24B(6) of this chapter if it can be demonstrated that the location is of equal or lesser impact. Commercial telecommunication facilities affixed to existing structures shall be exempt from setback requirements, provided that they are located no closer to the adjoining property line than the existing structure. (2) Monopole -type construction shall be required for new commercial telecommunication towers. The Planning Commission may allow lattice-type construction for new telecommunication towers that are located outside the Urban Development Area and are not adjacent to properties that are identified historic sites. (3) Advertising shall be prohibited on commercial telecommunication facilities except for signage providing ownership identification and emergency information. No more than two signs shall be permitted. Such signs shall be limited to 1.5 square feet in area and shall be posted no higher than 10 feet above grade. (4) When lighting is required on commercial telecommunication facility towers, dual lighting shall be utilized which provides daytime white strobe lighting and nighttime red pulsating lighting unless otherwise mandated by the Federal Aviation Administration or the Federal Communications Commission, Strobe lighting shall be shielded from ground view to mitigate illumination to neighboring properties. Equipment buildings and other accessory structures operated in conjunction with commercial telecommunication facility towers shall utilize infrared lighting and motion-detector lighting to prevent continuous illumination. (5) Commercial telecommunication facilities shall be constructed with materials of a galvanized finish or painted a noncontrasting blue or gray unless otherwise mandated by the Federal Aviation Administration or the Federal Communication Commission. (6) Commercial telecommunication facilities shall be adequately enclosed to prevent access by persons other than employees of the service provider. Appropriate landscaping and opaque screening shall be provided to ensure that equipment buildings and other accessory structures are not visible from adjoining properties, roads or other rights-of-way. (7) Any antenna or tower that is not operated for a continuous period of twelve (12) months shall be considered abandoned, and the owner of such tower shall remove same within ninety (90) days of receipt of notice from the Frederick County Department of Planning and Development. Removal includes the removal of the tower, all tower and fence footers, underground cables and support buildings. If there are two (2) or more users of a single tower, then this provision shall not become effective until all users cease using the tower. If the tower is not removed within the 90- day period, the County will remove the facility and a lien may be placed to recover expenses. Proposal §165-48.6 Commercial Telecommunication Facilities. [Added 4-9-1997] The intent of this section is to ensure that the siting of commercial telecommunication facilities occurs through the conditional use permit public hearing process defined in Article III of this chapter. Commercial telecommunication facilities that locate on existing structures and towers shall be exempt from the Conditional Use Permit requirement. The siting of commercial telecommunication facilities is permitted within the zoning districts specified in this chapter, provided that residential properties, land use patterns, scenic areas and properties of significant historic value are not negatively impacted. A. Information required as part of the conditional use permit application shall include, but not be limited to, the following: (1) A map depicting the search area used in siting each proposed commercial communications facility. (2) Identification of all service providers and commercial telecommunication facility infrastructure within a proposed search area. The applicant shall provide confirmation that an attempt to co -locate on an existing telecommunication facility has been made. (3) Information demonstrating that the commercial telecommunication facility is in compliance with the Federal Communication Commissions established ANSI/IEEE standards for electromagnetic field levels and radio frequency radiation. (4) An affidavit signed by the landowner stating that he/she is aware that he/she may be held responsible for the removal of the commercial telecommunications facility as stated in §165-48.6(B.7). B. The following standards shall apply to any property in which a commercial telecommunication facility is sited, in order to promote orderly economic development and mitigate the negative impacts to adjoining properties: (1) The Planning Commission may reduce the required setback distance for commercial telecommunication facilities as required by §165-24B(6) of this chapter if it can be demonstrated that the location is of equal or lesser impact. Commercial telecommunication facilities affixed to existing structures shall be exempt from setback requirements, provided that they are located no closer to the adjoining property line than the existing structure. (2) Monopole -type construction shall be required for new commercial telecommunication towers. The Planning Commission may allow lattice -type construction for new telecommunication towers that are located outside the Urban Development Area and are not adjacent to properties that are identified historic sites. (3) Advertising shall be prohibited on commercial telecommunication facilities except for signage providing ownership identification and emergency information. No more than two signs shall be permitted. Such signs shall be limited to 1.5 square feet in area and shall be posted no higher than 10 feet above grade. (4) When lighting is required on commercial telecommunication facility towers, dual fighting shall be utilized which provides daytime white strobe lighting and nighttime red pulsating lighting unless otherwise mandated by the Federal Aviation Administration or the Federal Communications Commission. Strobe lighting shall be shielded from ground view to mitigate illumination to neighboring properties. Equipment buildings and other accessory structures operated in conjunction with commercial telecommunication facility towers shall utilize infrared lighting and motion -detector lighting to prevent continuous illumination. (5) Commercial telecommunication facilities shall be constructed with materials of a galvanized finish or painted a noncontrasting blue or gray unless otherwise mandated by the Federal Aviation Administration or the Federal Communication Commission. (6) Commercial telecommunication facilities shall be adequately enclosed to prevent access by persons other than employees of the service provider. Appropriate landscaping and opaque screening shall be provided to ensure that equipment buildings and other accessory structures are not visible from adjoining properties, roads or other rights-of-way. (7) Any antenna or tower that is not operated for a continuous period of twelve (12) months shall be considered abandoned, and the owner of such tower shall remove same within ninety (90) days of receipt of notice from the Frederick County Department of Planning and Development. Removal includes the removal of the tower, all tower and fence footers, underground cables and support buildings. If there are two (2) or more users of a single tower, then this provision shall not become effective until all users cease using the tower. If the tower is not removed within the 90- day period and a lien may be placed to recover expenses. U:�ERICICOMMOMDRRS',TOWERS\TO WERS. WPD PC REVIEW DATE: 05-20-98 BOS REVIEW DATE: 06-10-98 MASTER DEVELOPMENT PLAN #003-98 BRIARWOOD ESTATES LOCA I ION: The property is located on the east side of Greenwood Road (Route 656) midway between Senseny Road (Route 657) and Valley Mill Road (Route 659). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 55 -A -184A, 55 -A -184B, 55 -A -184C and 55 -A -184D PROPERTY ZONING & PRESENT USE: Zoned: RP (Residential Performance) District Land Use: Residential & Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North - Zoned: RP, Residential Performance District Use: Residential (Carlisle Heights) South - Zoned: RA, Rural Areas District Use: Residential; Vacant East - Zoned: RA, Rural Areas District Use: Vacant West - Zoned: RP, Residential Performance District Use: Residential; Vacant PROPOSED USE: Single-family detached urban residential lots REVIEW EVALUATIONS: Virginia Dent. of Transportation: No objection to the preliminary master plan. Before making any final comments, this office will require a complete set of site plans, drainage calculations and traffic flow data from the I.T.E. Trip Generation Manual Sixth Edition for review. Prior to construction on the State rights-of-way, the developer will need to apply to this office for issuance of appropriate permits to cover said work. Sanitation Authority: First review - correct and resubmit seven items. Fire Marshal: Plan approval recommended. County Engineer: The County Engineer comments reflect the need for regional stormwater management and dedicated drainage easements through Carlisle Heights. See attached letter from Joe G Wilder, Engineering Technician, dated March 26, 1998. Briarwood Estates, MDP #003-98 Page 2 May 8, 1998 Parks and Recreation: No more than 50% of the required open space shall be within the following environmental areas: lakes and ponds, wetlands or steep slopes. This plan does not appear to meet this requirement. Planning and Zoning: Proiect Histo The four tracts totaling 90.64 acres were rezoned from RA (Rural Areas) District to RP (Residential Performance) District through two rezoning application processes. The Board of Supervisors approved Rezoning Application 9018-87 on August 26, 1987, for 40.11 acres, and Rezoning Application #003-98 on April 8, 1998 for 50.53 acres. The latest rezoning application was approved with proffers as submitted by the applicant. The Board of Supervisors approved Master Development Plan #005-93 of Greenwood Road Realty Partnership on December 8,1993. This master development plan provided a general layout for the 40.11 acres that were rezoned on August 26, 1987. The approved master development plan called for the development of 87 'single-family detached traditional dwellings on 15,000 square foot lots, a road efficiency buffer along Greenwood Road, and the dedication of a ten -foot -wide strip along Greenwood Road for future widening. The proffer statement which was adopted as a part of Rezoning Application #003-98 calls for the provision of a new master development plan. This new plan is required to account for the 40.11 acres planned under Master Development Plan #005-93 and the 5 0.5 3 acres rezoned on April 8, 1998. The new master development plan is required to conform with the General Development Plan that was part of the adopted proffer statement. Project Scope The master development plan calls for the development of 230 single-family detached residential lots within nine phases. This creates an overall gross density of 2.54 units per acre for the 90.64 acres which is well below the permitted density of 5.5 units per acre. The minimum lot size for this development is 12,000 square feet; therefore, curb and gutter, sidewalks along both sides of all streets, and streetlights at all intersections will be provided. The applicant has set aside 15%, or 13.60 acres for common open space which meets the minimum requirements. A road connection is proposed to join this development with Carlisle Heights. This connection is located at an intersection with Woodrow Road and Charleton Road, and is proposed to be constructed within the final phase of the development. Briarwood Estates, MDP #003-98 Page 3 May 8, 1998 Issues 1) Development Phasing: Rezoning Application #003-98 was approved with a proffered lot platting schedule which was tied into the completion of the Greenwood Road improvement project. The applicant proposed to plat no more than 35 lots in addition to the 87 lots which were approved under the original master development plan. The phasing plan for this project is inconsistent with the proffer, in that the first five phases account for 126 lots. The phasing plan will need to be modified slightly to meet this proffered condition. 2) Transportation: The original master development plan proposed a ten -foot dedicated strip of land along Greenwood Road to accommodate the future road improvement project; however, the new master development plan does not reflect this dedication. Staff discussed this issue with Mr. Steve Melnikoff of the Virginia Department of Transportation on April 29, 1998, to determine what right-of-way was needed for this project. Mr. Melnikoff advised staff that the final engineering documents for the Greenwood Road improvement project reflect a need for twelve feet along the frontage of this development. Staff believes that the final master development, plan needs to incorporate a twelve -foot dedicated strip of land along Greenwood Road for this project. The future connection with Carlilse Heights should be coordinated with the adjoining developer to ensure that access is available during the development of the final phase of Briarwood Estates. The developer of Carlisle Heights has bonded all outstanding improvements with the county. The construction of a road that is approximately 80 feet in length will need to be provided in Carlisle Heights to connect the two developments. 3) Road Efficiency Buffer: Greenwood Road is identified as a major collector road in the Comprehensive Policy Plan. The Zoning Ordinance requires the development of a full or reduced road efficiency buffer between major collector roads and residential land uses. The final master development plan will need to provide this buffer area and depict if it is a full or reduced road efficiency buffer. The active portion of the required road efficiency buffer does not permit the placement of structures; therefore, this buffer area should not be part of the residential lots due to conflicts with accessory structures. Briarwood Estates, MDP #003-98 Page 4 May 8, 1998 4) Stormwater Management: The County Engineer has stated that a regional stormwater management facility will need to be provided during the development of Phase H. The County Engineer has also required the applicant to obtain dedicated drainage easements through Carlisle Heights as a condition of master development plan approval. The location of these easements will need to be provided on the final master development plan, and copies of the recorded easement plats will need to be submitted prior to final administrative approval of this plan. STAFF RECOMMENDATION FOR 05-20-98 PLANNING COMMISSION MEETING: Staffs recommends approval of this master development plan provided that all staff comments, review agency comments, Planning Commission comments and Board of Supervisors comments are adequately addressed on the final plan. Q\AGENDAS\COMMENCS\BRIAR WOD.MDP March 26, 1998 Mr. Stephen M. Gyuirsin Gilbert W. Clifford & Associates, Inc. 200 North Cameron Street Winchester, Virginia 22601 RE: Briarwood Estates Master Development Plan Comments Frederick County, Virginia Dear Steve: COUNTY of FREDERICK Department of Public Works 540/665-5643., FAX: 540/678-0682 Upon review of the subject master development plan dated January 29, 1998, we offer the following comments: 1. Indicate the location of all stormwater management facilities on the master development plan. As stated in our comments for Briarwood Estates - Phase I, construction of a regional stormwater management facility will be required as a part of the Phase II development. 2. All stormwater discharges from Briarwood Estates need to be conveyed within dedicated drainage easements through Carlisie Heights. Provide "adequate channel" calculations at the time of submission of the subdivision plan. 3. It will be necessary carefully monitor the stripping of the existing woodland areas as shown on the plan during the development of Briarwood Esiates. 4. Indicate the scale of the drawing on the master plan. 5. A detailed review of the subdivision design will be addressed at the time of the subdivision plan submission 6, Frederick County is unable to grant approval of the master plan until such time as the property is properly zoned as Residential Performance (RP). 107 Ninr0i 16:.-t qa - 4 Briarwood Estates Page 2 March 26, 1998 Once these comments have been addressed, submit two (2) copies of the master plan for further review. Sincerely, Q- CII Joe C. Wilder Engineering Technician JC W/kch cc: Frederick County Zoning Administrator file MDP #003--98 PINS: 55--A--184A, 184B, 184C, 184D Briarwood Estates Produced by Frederick County Planning and Development, 05-04-98 Frederick County, Virginia Master Development Plan Application Package APPLICATION MASTER DEVELOPMENT PLAN 1. 2. 3. 4. Project Title: Briarwood Estates M.D.P. Owner's Name: SHIHO Inc. P.O. Box 3276 Winchester, Va. 22604 667-2120 (Please list the name of all owners or parties in interest) Applicant: G. W. Clifford & Associates - c/o Stephen M Gyurisin Address: 200 N. Cameron Street Winchester Va. 22601 Phone Number: 667-2139 Design Company: same as Applicant) Address: Phone Number: March 11, 1998 Frederick County, Virginia Master Development Plan Application Package APPLICATION cont'd MASTER DEVELOPMENT PLAN 5. Location of Property: East side of Rt. 656, Greenwood Road mid -way_ between Senseny Road and Valley Mill Road 6. Total Acreage: 90.64 7. Property Information: C p a) Property Indentification Number (PIN): 55 -A -184B & 55 -A -184C b) Current Zoning: RP ) c) Present Use: Vacant d) Proposed Uses: Residential e) Adjoining Property Information: Property Identification Numbers Property Uses North (see attached list of Residential South adjoining property owners) Vacant East Vacant/Residential West Vacant f) Magisterial District: Stonew 8. Is this an original or amended Master Development Plan: Original Amended X Original MDP included on 40 acres 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 deveopment plan shall include all contiguous land under single or common ownership. All required material will be complete prior to the submission of my master elopment plan C application. Signature: Aj wm Date: gilbert w® clifford & associates, inc INCORPORATED 2972 Engineers — Surveyors ~ Land Planners — Water Quality Briarwood Subdivision Adjoining Property Owners Within 300 Feet Tax ID # Proper Owner 55C-1-1 Herbert L. & Betty J. Sluder 55C-1-2 528 Greenwood Road 55C-1-3 Winchester, Virginia 22602 55C-1-4 Barbara A. Keckley 544 Greenwood Road Winchester, Virginia 22601 55C-1-5 Sue E. Keplinger 552 Greenwood Road Winchester, Virginia 22602 55C-1-6 Lawrence H. Connell 560 Greenwood Road Winchester, Virginia 22603 55C-1-7 Donald R. Mencer 586 Greenwood Road Winchester, Virginia 22602 55C-1-8 Kenneth G. Ashby 576 Greenwood Road Winchester, Virgiia 22602 551-1-2-1/551-1-3-18 551-1-3-19/551-1-3-20 551-1-3-21/551-1-3-127 551-1-3-130/551-1-3-133 55I-1-3-134 C. C. Longerbeam, Inc., P.O. Box 2018 Winchester, Virginia 22604 200 North Cameron Street, Winchester, Virginia 22601 Phone: (540) 667-2139 Fax: (540) 665-0493 Member American Consulting Engineers Council Briarwood Subdivision Adjoining Property Owners Tax ID # Property Owner 551-1-2-2 Donald C. & Wanda S. Seagroves 102 Woodrow Drive Winchester, Virginia 22602 55I-1-2-3 James W. & Monica N. Mauck 104 Woodrow Road Winchester, Virginia 22602 55I-1-2-4 Secretary of Verterns Affairs 210 Franklin Road, SW Roanoke, Virginia 24011 55I -1-2-5/55I-1-2-7 Ravinder S. & Rita K. Grewal 55I-1-2-9 720 Treys Drive 55I-1-2-10 Winchester, Virginia 22601 55I-1-2-6 Wade A. & Tina R. Noel 110 Woodrow Road Winchester, Virginia 22602 55I-1-2-8 Dennis .W. & Barbara K. Sieh 114 Woodrow Road Winchester, Virginia 22602 55I-1-2-11 Claude F. & Betty C. Bender 120 Woodrow Road Winchester, Virginia 22602 55I-1-2-12 John M. & Mary B Bruton 124 Woodrow Road Winchester, Virginia 22602 i 55I -1-2-13/55I-1-3-129 Edwin B. Yost, Trustee 55I-1-2-14 4127 Bee Ridge Road Sarasota, Florida 34233 2 Briarwood Subdieisicn Adjoining Property Owners Tax 1D I Property Owner 55I-1-3-122 Thomas F Grimes 138 Woodrow Road Winhcester, Virginia 22602 55I-1-3-123 Kenneth N. Chamblin 140 Woodrow Road Winchester, Virginia 22602 55I-1-3-124 Daniel J. & Jodi L. Garzarelli 142 Woodrow Road Winchester, Virginia 22602 55I-1-3-125 Manuel & Sharon Ordonez 114 Woodrow Road Winchester, Virginia 22602 55I-1-3-126 Melton D. & Mary Chasteen 200 Woodrow Road Winchester, Virginia 22602 55I-1-3-128 Michael A. & Tapitha K. Grace 204 Woodrow Road Winchester, Virginia 22602 55I-1-3-131 Daniel W. & Melanie A. Burrier 210 Woodrow Road Winchester, Virginia 22602 55I-1-3-132 Glen E. & Judy S. Russell 55I-1-4-182 2619 Woodside Road 55I-1-4-185 Clearbrook, Virginia 22624 55I-1-4-181 Glen W. & Pamela L. Russell 270 Panarama Drive Winchester, Virginia 22603 3 f Briarwood Subdivision Adjoining Property Owners Tax ID # Property Owner 55I-1-4-183 John W. & Christina A. Hughes 302 Woodrow Road Winchester, Virginia 22602 55I-1-4-184 Linnea W. Stopher 304 Woodrow Road Winchester, Virginia 22603 55I-1-4-186 Gordon R., Jr. & Tammy S. Greer 308 Woodrow Road Winchester, Virginia 22602 55 -A -184A Greenwood Road P.O. Box 2097 Winchester, Virginia 22604 55 -A -184B Eugene F. & Barbara L. Grove 55 -A -184C 340 West Parkins Mill Road Winchester, Virginia 22602 55 -A -184D Greenwood Realty Partnership P.O. Box 2097 Winchester, Virginia 22604 55-A-185 Elaine B. Longerbeam P.O. Box 2018 Winchester, Virginia 22604 55-A-206 L. C. Lynnehaven 112 N. CameronStreet Winchester, Virginia 22601 I'll 4 PC REVIEW: 05/20/98 BOS REVIEW: 06/10/98 Subdivision Application #009-98 SCULLY, LTD. (Tom Scully) LOCATION: The property is located on the south side of Fairfax Pike (Route 277), approximately 150 feet west of Stickley Drive, MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER: 85-A-148 PROPERTY ZONING & PRESENT USE: B2 and B 1 (Business General) District; Land Use: Shopping Plaza and Vacant} ADJOINING PROPERTY ZONING & USE: B 1 and B2 (Business General) -District; Land Use: Restaurant, Motel SUBDIVISION SPECIFICS: Subdivision of a 6.4094 -acre tract into two lots. REVIEW AGENCY COMMENTS: Department of Transportation: 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. Public Works/Engineering: Indicate avandble drainage easements. If none exist, indicate where easements will be required to accommodate on-site runoff. Stormwater management will be critical on this small site. Sanitation Authority: This is a subdivision plat; the plat is O.K. Planning and Zoning: Scully, Ltd. Subdivision Page 2 May 8, 1998 Public Meeting_ Requirement The Subdivision Ordinance requires that land divisions in the B2 (Business General) Zoning District, without an approved master development plan, be presented to the Board of Supervisors for final approval. This project is zoned B2, and does not contain an approved MDP; therefore, Board review and action is necessary. Staff Review This parcel presently contains a shopping plaza: Roma's Restaurant and ServiStar Hardware Store. The site is bordered by Kentucky Fried Chicken, Route 277, Stickley Drive and the Comfort Inn. The proposed division would establish two lots: 0.5732 (PIN 85-A-148) and 5.8362 (PIN 85- A -148D) acres. The 0.5732 acre lot was rezoned to B2 in 1996. At the time of the rezoning, the applicant proffered to utilize the existing entrance onto Route 277. Therefore, an easement will be established enabling this 0.5732 acre parcel to utilize the existing entrance. The presented plat appears to satisfy the Subdivision Ordinance requirements. Staff Recommendation for 5/20/98: Staff recommends approval of this subdivision application contingent upon the applicant's satisfying all review agency comments. ii 0AAGENDASICOMMENTSISCULLY. SUB LIS tMAP oy 1 S I P N RI GE AlaN APPROVED BY VIRGINIA DEPARTMENT OF TRANSPORTATION DATE FREDERICK COUNTY SANITATION AUTHORITY DATE \ FREDERICK COUNTY PLANNING COMMISSION GATE SUBDIVISION ADMINISTRATOR DATE OWNER'S CONSENT THE ABOVE AND FOREGOING SUBDIVISION OF THE LAND OF SCULLY, LTD., 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 1, , 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 MY COMMISSION EXPIRES SURVEYOR'S CERTIFICATE 19 I HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS FINAL PLAT OF SUBDIVISION IS THE LAND CONVEYED TO SCULLY, LTD., BY DEED DATED 29 AUGUST 1983, SAID DEED RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF FREDERICK COUNTY, VIRGINIA IN DEED BOOK 575 AT PAGE 540. PIN. 85-A-148 ,, DOUGLAS C. LEGGE, L.S. ZONED: B1 USE: COMMERCIAL AND VACANT / oPLTH p FINAL PLAT HOFLAoUBDIVISION OF SCULLY, LTD. OPEOUON MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DOUGLAS C L G DATE: MAY 7. 1998 COVER SHEET SHEET I OF 2 No 001197 \ / MAMH & ILEGGE SCULLY" _Land Surveyors, P.L.C. E i _ 139 North Camerm StStreet Winchester. Virginia 22601 - (540) 667-0468 Far 154(l) 66%-0+59 G RVE TA13LE CURVE RADIUS I LENGTH I CHORD I BEARING Cl 1015Fa3' 138.35 138.25 580'1913"E C2 1015.53' 94.46 94.46 S86'5319'E Oky�' 2 �o� j ZygA� H6T00''�"N EX. ONE STORY PIN 85-A-148 BRICK BUILDING 5.8362 AC. ZONED: 131 i USE: COMM. ZONED: 52 ' c m _ I EXU11L Tl Y ZONING BOUNDARY--,,,,,, B1 _ ES1A'T 2-1 . . . . . B2 . i P;;; r=,- _ „R" ZONED: B2 EXISTING I ALUMINUM STORAGE BUILDING Cr 5:G-? 2 EXISTING GRAPHIC SCALE ISI ALUMINUM STORAGE BUILDING 0 w 100 200 !2 i I EXISTING ( IN FEET) ALUMINUM STORAGE BUILDING D 1 inch = 100 fL NOTES P Rrp) )(j -\r( -Al I. NO TITLE REPORT FURNISHED. 2. EASEMENTS MAY EXIST THAT ARE NAGRESS{//'EGRESS NOT SHOWN ON THIS PLAT. 1{;RR' '.'STI ?SOI:• i:: 3. IRON RODS FOUND OR SET AT ALL Or PROPERTY CORNERS. `. — ; `� r U="= VACANT 4. SEPTEMBER 11, 1996 ZONING PROFFER: ANY I � SHEET 2 OF 2 I m m S� gft� EX. ONE STORY BRICK - M 85-A-1480 BUILDING 0.5732 ACR 24,968 5(9.. p;;; n=,_ _ •.;n , " ZONED: B2 USE: VACANT _ &;R,„,C-R 275 WWII. Ir � -SSS loB wk USE; V•11 �� ZygA� H6T00''�"N EX. ONE STORY PIN 85-A-148 BRICK BUILDING 5.8362 AC. ZONED: 131 i USE: COMM. ZONED: 52 ' c m _ I EXU11L Tl Y ZONING BOUNDARY--,,,,,, B1 _ ES1A'T 2-1 . . . . . B2 . i P;;; r=,- _ „R" ZONED: B2 EXISTING I ALUMINUM STORAGE BUILDING Cr 5:G-? 2 EXISTING GRAPHIC SCALE ISI ALUMINUM STORAGE BUILDING 0 w 100 200 !2 i I EXISTING ( IN FEET) ALUMINUM STORAGE BUILDING D 1 inch = 100 fL NOTES 7P I. NO TITLE REPORT FURNISHED. 2. EASEMENTS MAY EXIST THAT ARE NOT SHOWN ON THIS PLAT. 1{;RR' '.'STI ?SOI:• i:: 3. IRON RODS FOUND OR SET AT ALL Or PROPERTY CORNERS. `. — ; `� r U="= VACANT 4. SEPTEMBER 11, 1996 ZONING PROFFER: ANY DEVELOPMENT OF 85 -A -148D WILL UTILIZE THE EXISTING ENTRANCE ONTO ROUTE 277. SHEET 2 OF 2 Op D GLAS C. LGY No. 001197 SCALE: 1” = 100' 1 DATE: MAY 7, 1998 F DWG. # SCULLY G FINAL PLAT OF 5U6DIVI5ION I� OF THE LAND OF SCULLY, LTD. OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA `'710 SUR�Fio,I MARSH & LEGGE Land Surveyors, P.L.C. 139 North Cameron Street Winchester. Virginia 22601 (540) 667-0468 Fat: (540) 667-0469