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PC 11-04-98 Meeting AgendaAGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia NOVEMBER 4, 1998 7:00 P.M. CALL TO ORDER TAB 1) October 7, 1998 Minutes ............................................. A 2) Application Action Summary .......................................... B 3) Committee Reports.................................................(no tab) 4) Citizen Comments.................................................(no tab) PUBLIC HEARING 5) Rezoning #015-98 of Jack K. Wampler, submitted by Greenway Engineering, to rezone 9.30 acres from RA (Rural Areas) to B3 (Industrial Transition), and 10.70 acres from RA (Rural Areas) to B2 (Business General). This property is located on the west side of Martinsburg Pike (Rt. 11) about 0.5 mile south of the intersection with Hopewell Road (Rt. 672), and is identified with Property Identification Number 33 -A -164D in the Stonewall Magisterial District. (Mr. Wyatt) ....................................................... C 6) Rezoning #016-98 of J. Carson Cline Estate, submitted by Greenway Engineering, to rezone 4.70 acres from RP (Residential Performance) to B2 (Business General). This property is located along the north boundary line of Fairfax Pike (Rt. 277) approximately 0. 11 miles west of Warrior Drive, and is identified with Property Identification 86-5-F in the Opequon Magisterial District. (Mr. Wyatt) ....................................................... D 7) Rezoning #017-98 of Gore School to rezone 3.29 acres from RA (Rural Areas) to B2 (Business General). This property is located at 251 Gore Road (Rt. 751), and is identified with Property Identification Number 28-A-52 in the Back Creek District. (Mr. Wyatt) ....................................................... E 2 DISCUSSION ITEMS 8) Request for a Reduction in the Entrance Spacing Ordinance Requirement, Section 165-29B(1), (tabled at the October 21 meeting) submitted by Jim Emmart of Emmart Oil Company for Bo's Belly Barn. The property is identified with Property Identification Number 63-A-66, and is located in the Back Creek Magisterial District. (Mr. Ruddy) ....................................................... F 9) Conditional Use Permit #008-98 of Meade's Family Day Home, (tabled at the October 7 meeting) submitted by Winona M. Clark, for a day care facility. This property is located at 150 Twine Lane, and is identified with Property Identification Number 26 -A -34A in the Gainesboro Magisterial District. (Mr. Lawrence) .................................................... G 10) Other MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on October 7, 1998. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; John R. Marker, Vice-Chairman/Back Creek District; Robert A. Morris, Shawnee District; Marjorie H. Copenhaver, Back Creek District; S. Blaine Wilson, Shawnee District; John H. Light, Stonewall District; W. Wayne Miller, Gainesboro District; Terry Stone, Gainesboro District; Roger L. Thomas, Opequon District Richard C. Ours, Opequon District; George L. Romine, Citizen at Large; Robert M. Sager, Board Liaison; and Jay Cook, Legal Counsel. ABSENT: Vincent DiBenedetto, Winchester City Liaison STAFF PRESENT: Kris C. Tierney, Director; Evan A. Wyatt, Deputy 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 - SEPTEMBER 2, 1998 Upon motion made by Mr. Marker and seconded by Mr. Thomas, the meeting minutes of September 2, 1998 were unanimously approved as presented. BIMONTHLY REPORT Chairman DeHaven accepted the report for the Commission's information. Frederick County Planning Commission Minutes of October 7, 1998 Page 247 -2 - COMMITTEE REPORTS Development Review & Regulations Subcommittee (DRRS) - 07/24/98 Mtg. Mr. Thomas, subcommittee member, reported that the DRRS discussed an amendment for an organization entitled, Outreach to Asia Nationals. Mr. Thomas said that this item is on the Commission's agenda for this evening. Comprehensive Plans & Programs Subcommittee (CPPS) -10/05/98 Public Mtg. Mrs. Copenhaver, subcommittee member, reported that the CPPS held a public meeting on Monday evening concerning the Southern Frederick Land Use Study. Mrs. Copenhaver said the meeting was very well attended. She reported that additional meetings will be held on Saturday, October 10, and Monday, October 12. Transportation Committee - 10/06/98 Mtg. Mr. Thomas, committee member, reported that the committee discussed the modification to the Eastern Road Plan map, which is on the Planning Commission's agenda for this evening. Sanitation Authority (SA) - 09/15/98 Mtg. Mrs. Copenhaver, liaison, reported that the minutes for that meeting indicated a great deal of discussion concerning the water storage tank; also discussed was a request from Shentel to use the Greenwood water storage tank as a communications site. PUBLIC HEARING Conditional Use Permit (CUP) 4006-98 of Boyd L. Bloomer for a public garage without body repair. This property is located at 4784 Martinsburg Pike and is identified with P.I.N. 24-A-9 in the Stonewall Magisterial District. Action - Recommended Approval with Conditions Frederick County Planning Commission Minutes of October 7, 1998 Page 248 -3 - Mr. Eric R. Lawrence, Zoning Administrator, reported that there were no outstanding review agency comments. He said the Health Department stated that only occupants of the house on the property are to be employed at the business and there are to be no outside employees; and secondly, the garage building is to be located no further towards the rear of the lot than shown on Mr. Bloomer's sketch because of encroachment on the drainfield. Mr. Lawrence stated that public garages without auto body repair are permitted in the RA Zoning District with an approved CUP provided that all repair work takes place entirely within an enclosed structure and all exterior storage of parts and equipment is fully screened from view from any adjoining property. Mr. Lawrence said that the proposed building is intended to be placed close to the southern property line, possibly impacting the adjoining property to the south. He added that the visual impact of the proposed garage may be mitigated with the assistance of a landscape screen. Mr. Lawrence read the staff's recommended conditions. Mr. Boyd L. Bloomer, the applicant, was present. There were no citizen comments. No areas of concern were raised by the Commission. Upon motion made by Mr. Light and seconded by Mr. Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #006-98 of Boyd L. Bloomer for a public garage without body repair at 4784 Martinsburg Pike with the following conditions: 1. All repair work shall take place entirely within an enclosed structure. 2. All exterior storage of parts and equipment shall be screened from the view of surrounding properties by an opaque fence or screen at least five (5) feet in height. This fence or screen shall be adequately maintained. 3. Any proposed signs shall satisfy the Cottage Occupation sign requirement. 4. No more than five vehicles awaiting repair shall be located externally to the garage. Vehicles awaiting repair must be screened from the adjoining property to the south. Adequate screening will consist of evergreen trees (four -feet high at time of planting), planted no more than (8) eight feet apart. 5. No inoperative vehicles shall be allowed on the property at any time. 6. All review agency comments shall be complied with at all times. 7. Any expansion of the business shall require a new Conditional Use Permit. Conditional Use Permit #007-98 of Ricky Lee Pitts for a public garage without body repair. This property is located at 4445 Back Mountain Road and is identified with P.I.N. 58-1-1 in the Back Creek Magisterial District. Action - Recommended Approval with Conditions Mr. Michael T. Ruddy, Planner II, reported that the only outstanding review agency comment was from VDOT. He stated that VDOT had significant concerns with the sight distances at the entrance to the Frederick County Planning Commission Minutes of October 7, 1998 Page 249 -4 - property and could not recommend approval without the removal of vegetation along the Back Mountain Road (Route 600) right-of-way. Mr. Ruddy explained that Mr. Pitts removed the vegetation and VDOT re -inspected the property, however, site distance remained an issue at the existing location. Mr. Ruddy said that VDOT is in agreement with relocating the entrance directly adjacent to the northern property line in conjunction with regrading the embankment to achieve minimum site distances. He said that these measures will satisfy VDOT's initial concern, however, the entrance will still need to be constructed to VDOT's minimum commercial standards. Mr. Ruddy continued, stating that public garages without auto body repair are permitted in the RA Zoning District with an approved conditional use permit provided that all repair work takes place entirely within an enclosed structure and all exterior storage of parts and equipment is fully screened from view from any adjoining property. He said that the requested activity will occur within an existing building which is adjacent to property owned by a hunt club. Mr. Ruddy explained that this property is heavily wooded; and, in addition, locating parts, equipment, and vehicles to the rear of the garage, and implementing required screening, will minimize the impact of any activity of the Pitts' site on the adjoining properties. Mr. Ruddy read the staff's recommended conditions, which included an additional condition concerning the relocation of the entrance. Mr. Ricky Lee Pitts, the applicant, was present. When asked by Chairman DeHaven if he was comfortable with the recommended conditions, Mr. Pitts said that he was. There were no public comments. No Issues of concern. YY ere raised by the �Vniim icisivn. Upon motion made by Mr. Romine and seconded by Mr. Thomas, BE IT RESOLVED, THAT the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit 4007-98 of Ricky Lee Pitts for a public garage without body repair at 4445 Back Mountain Road with the following conditions: 1. All repair work shall take place entirely within an enclosed structure. 2. All exterior storage of parts and equipment shall be screened from the view of surrounding properties by an opaque fence or screen at least five (5) feet in height. This fence or screen shall be adequately maintained. 3. Any proposed signs shall satisfy the Cottage Occupation sign requirements. 4. No more than five vehicles awaiting repair shall be located externally to the garage. Vehicles awaiting repair must be located to the rear of the building. 5. No inoperative vehicles shall be allowed on the property at any time. 6. All review agency comments shall be complied with at all times. 7. Any expansion of the business shall require a new Conditional Use Permit. 8. The entrance to the garage shall be located adjacent to the northern property line and the embankment along Route 600 shall be regraded to accommodate the minimum sight distances required by VDOT. Frederick County Planning Commission Minutes of October 7, 1998 Page 250 -5 - Conditional Use Permit #008-98 of Meade's Family Day Home, submitted by Winona M. Clark, for a day care facility. This property is located at 150 Twine Lane and is identified with P.I.N. 26 -A -34A in the Gainesboro Magisterial District. Action - Tabled for 30 Days Mr. Eric R Lawrence, Zoning Administrator, stated that the Fire Marshal raised two significant concerns regarding the operation of a day care facility at this location: 1) The residence had no defined driveway and the closest road is approximately 150 feet from the dwelling; this would not allow adequate fire and rescue access. 2) Remains of a burnt-out dwelling exist on the property which presents a safety hazard for children; this should be secured or razed. Mr. Lawrence said that day care facilities are permitted in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit. He added that the staff believed that the establishment of the business would not have a negative impact upon the surrounding neighborhood. Mr. Lawrence stressed, however, that the issue at hand is the safety of the children utilizing the proposed facility, in light of the Fire Marshal's comments. Ms. Winona M. Clark, the applicant, and Mrs. Shirley Meade, Ms. Clark's mother and business partner, came forward to answer questions from the Commission. Commissioner Miller asked Ms. Clark what steps she had taken to take care of the Fire Marshal's concerns. Ms. Clark said that she had not yet pursued those. Commissioner Miller asked if there was anything in place to prevent children from going to the abandoned, burned -out house. Ms. Clark replied, not at this time, but she planned to fence the area. She explained that the abandoned, burned -out house is approximately 200 feet from the proposed day care residence. Mrs. Clark said that both the Gore Fire Company and the Capon Bridge Fire Company are within three miles on Route 50 and serve her residence. Commissioner Ours inquired if Ms. Clark had made application to the State Social Services agency for a license and if so, had she received the license yet. Ms. Clark replied that they had made application, but had not yet received a license. Commissioner Copenhaver said that the Health Department report stated that food service would be limited to snacks only; she asked Ms. Clark if she could elaborate. Ms. Clark said that the children will have to bring their own lunches, as she is not permitted by the Health Department to make lunches. Ms. Clark said that she will, however, provide wholesome snacks. In response to a question about the hours of operation, Mrs. Meade said they have not yet determined hours of operation; they were trying to determine community needs. Some Commissioners were also concerned about clients' vehicles creating a disturbance for adjoining residences. Ms. Clark said that vehicles coming and going would not be near enough to any residences to cause a disturbance. She explained that an automobile sales lot was across the front of the property, she lived to the rear, and the only other residence was a distance to the west. Commission members expressed concern that there were some loose ends dangling with this conditional use permit application. Mr. Miller moved to table the application for 30 days, until the concerns of the Fire Marshal were taken care of. This motion was seconded by Mr. Wilson. Frederick County Planning Commission Minutes of October 7, 1998 Page 251 9 Me BE IT RESOLVED, That the Frederick County Planning Commission does hereby table, by a majority vote, Conditional Use Pen -nit Application #008-98 of Meades' Family Day Home for 30 days in order to give the applicant an opportunity to satisfy the concerns of the Fire Marshal. This vote was as follows: YES (TO TABLE): Miller, Stone, Ours, Thomas, Romine, Wilson, Marker, Copenhaver NO: Light, Morris, DeHaven Rezoning Application #012-98 of Thomas A Grove, submitted by Painter -Lewis, P.L.C., to rezone 6.08 acres from RA (Rural Areas) to MI (Light Industrial). This property is located on the south side of Airport Road (Rt. 645) near the Winchester Regional Airport and is identified with P.I.N. 64-A-39 in the Shawnee Magisterial District. Action - Recommended Approval with Proffers Mr. Evan A. Wyatt, Deputy Planning Director, read the background information and review agency comments. He stated that the property is located in the County's Urban Development Area and Sewer and Water Service Area, and is also identified in the Comprehensive Policy Plan as a component of the Route 50 East Corridor Land Use Study and as a component of the Airport Support Area. Mr. Wyatt said that the rezoning is consistent with the policies established in the Comprehensive Policy Plan and is in conformance with the development patterns depicted in the Route 50 East Corridor Land Use Plan and the Airport Support Area. He added that the language within the proffer statement mitigates the impacts associated with this rezoning proposal. Mr. John Lewis of Painter -Lewis, P.L.C., the firm representing Mr. Thomas Grove, the owner, was present to answer questions from the Commission. There was some discussion between the applicant and the Commission concerning the amount of land the Winchester Regional Airport needs to relocate Airport Road (Rt. 645) as part of their ongoing land acquisition project. No other issues of concern were raised by the Commission. There were no public comments. Upon motion made by Mr. Ours and seconded by Mr. Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Rezoning Application #012-98 of Thomas A. Grove, submitted by Painter -Lewis, P.L.C., to rezone 6.008 acres from RA (Rural Areas) to M1 (Light Industrial). Frederick County Planning Commission Minutes of October 7, 1998 Page 252 -7 - Rezoning #013-98 of Curtis L. Braithwaite, submitted by Ebert and Associates, to rezone 38.867 acres from RA (Rural Areas) to RP (Residential Performance). The parcels are located at 263 and 261 Sunset Drive, and are identified with P.I.N.s 65-1-B and 65-1-B1 in the Stonewall Magisterial District. Action - Recommended Denial Mr. Evan A. Wyatt, Deputy Planning Director, read the background information and review agency comments. He stated that the property is located within the County's Urban Development Area and the Sewer and Water Service Area. Mr. Wyatt said that the staff believes that the conditions specified in the applicant's proffer statement reasonably mitigate the impacts to adjoining properties, the impacts to the road systems and to County facilities and services; however, the proffer statement does not provide for the protection of the historic resource on this property. Mr. Wyatt noted that language could be incorporated into the proffer statement which would require property owners to obtain County approval if they desired to modify or raze the historic Ford -Braithwaite House. There were a couple concerns raised by the Commission concerning the proffer statement. One was whether the historic Ford -Braithwaite house could be placed on a separate lot, by itself, the second was that the proffer did not specifically state that the applicant would participate in the cost of a traffic signal at the Senseny Road -Sunset Drive intersection, but only that the applicant would execute an agreement with VDOT. Commission members believed that statement needed to be tied down. Another question raised was what improvements were planned for Sunset Drive. Mr. Wyatt stated that the applicant's general development plan indicates the Ford -Braithwaite House is to be placed on one of the 70 building lots; however, the issue is that there is no control to preserve it further than that. He said there was nothing to prohibit a subsequent property owner from modifying or razing the structure. Mr. Norman Sparks, design specialist with VDOT, came forward to explain about the various agreements VDOT enters into with developers on co -sponsorships for signalization. He noted that the developer pays a percentage of the installation which is based on the volume of traffic. Mr. Sparks said that the existing pavement width on Sunset, which varies between 20'-22', would remain the same. He said that VDOT was only requiring a 2" plant mix overlay. Chairman DeHaven called for public comment and the following persons came forward to speak: Mr. Michael E. Effler, a 24 -year resident of Sunset Drive, spoke of several concerns. He said that traveling west on Senseny Road, vehicles crest a hill directly before the Sunset Drive/Senseny Road intersection. Mr. Effler stressed that this was a bad intersection and he was concerned that the traffic signal would not materialize for five to ten years from now. His other concern involved fire and rescue; he said that presently, there are 40 homes along Sunset Drive and an additional 70 residences would present problems for fire and rescue vehicles and a safety hazard for children. Mr. Effler wanted to know if another access in and out of the property could be installed. Ms. Pat Shane, resident at the corner of Sunset Drive and Senseny Road, said that she was also concerned about traffic at this intersection. She likened the traffic on Senseny Road to that on Interstate 81. Mrs. Shane said that she has had vehicles end up in her front yard and she has to be very careful about backing out of her driveway. She was concerned about children getting on and off the school bus and she, too, inquired if Frederick County Planning Commission Minutes of October 7, 1998 Page 253 -8 - another access to the subdivision could be established. Mr. Charles E. Dunn, a 37 -year resident of Sunset Drive, was still hoping for a traffic signal at Greenwood and Senseny Roads and he said that marry accidents have occurred here in the past year. He said that Sunset Drive cannot handle the existing traffic and he could not imagine adding 70 additional homes. Mr. Dunn said that a lot of children play along Sunset Drive and there should be a sidewalk for pedestrian safety. Mrs. Brenda Effler, resident on Sunset Drive, was concerned about safety for the area children, especially when they board and exit school buses. Mrs. Effler explained that school buses do not go down Sunset Drive; the buses unload children directly out on Senseny Road. Mrs. Effler asked if the Commission could wait for the results of VDOT's latest traffic study of the Greenwood intersection before approving these additional homes. Mrs. Patricia Dunn, resident on Sunset Drive, said that 35 years ago she tried to get the school bus to come down Sunset Drive for her child. She believed the reason they wouldn't was because the cul-de-sac was not large enough for buses to turn around. Mrs. Dunn was concerned that her property would become a short-cut for people from the new homes into her area. She suggested Sulphur Spring Road as a second access to the Braithwaite property. Mr. Charles Mason, resident at 181 Sunset Drive, spoke about the poor sight visibility on Senseny Road. He said that he was very concerned about the impact of additional traffic onto a road that was already too dangerous. Mr. Herbert Michael, a resident at the corner of Senseny and Sunset Roads, said that he met with the school system's Superintendent of Transportation about getting the school buses to go down Sunset Drive. He said the Superintendent was concerned that a school bus would not be able to make the turn from Sunset out onto Senseny quick enough to avoid oncoming traffic. Mr. Michael also inquired about a possible access off of Sulphur Spring Road. Ms. Virginia Ballinger, a 29 -year resident of Sunshine Drive, said that she was nearly killed at the top of the Senseny Road lull. Ms. Ballinger stated that the street was not wide enough to handle the existing traffic, she felt there should be sidewalks, and she believed another access was necessary. Mr. Kenneth Webb, a 16 -year area resident, voiced his concern for the safety of children boarding and exiting school buses. He said that the volume of traffic on Senseny Road was the real issue. Ms. Jessica Meade, a two-year resident of Sunset Drive, was concerned about safety for the neighborhood children. Mr. Arthur Shane, resident at 103 Sunset Drive, regarded the Senseny Road/Sunset Drive intersection as one of the worst on Senseny Road and he agreed with the other citizens that it was not safe for school buses to stop here. Mr. Shane said that 70 additional homes will compound the problem. He added that there should be another access, if the development goes forward. Ms. Debby Harmon, a 20 -year resident of Sunset Drive, told the Commission that there are no speed limit signs or "children at play" signs posted along the road and she was worried about the safety of her children. She said that something needs to be done with the serious situation that exists now, rather than adding Frederick County Planning Commission Minutes of October 7, 1998 Page 254 to the problem. Ms. Carol Mezzatesta, a 29 -year resident of Sunset Drive, stressed to the Commission how dangerous the existing traffic situation was and she was concerned about adding 70 more homes. Mr. Benjamin Butler, attorney, stated that he, along with Michael M. Artz of Ebert and Associates, were representing Mr. Curtis L. Braithwaite, the owner. Mr. Butler said that they would proceed with placing the Ford -Braithwaite House on a plat as a separate lot specifying that it will not be modified or razed without Frederick County approval. With respect to the second access and some of the other details, Mr. Butler said that those issues would be adequately addressed at the site plan stage. Mr. Michael M. Artz with Ebert and Associates, the land surveyor representing Mr. Curtis L. Braithwaite, stated that they will incorporate a cul-de-sac into the subdivision large enough to accommodate a school bus turn -around. Mr. Artz explained that they do not have access to other roads through other adjacent properties in order to provide a second entrance to this subdivision. He said that as part of their master development plan, they are attempting to provide access to adjacent properties, in the event roads do get built, which would be to the south to Sulphur Spring Road, as well as to the east and west. Mr. Artz said that Mr. Braithwaite has agreed to work with VDOT to make the needed road improvements. One of the Commission's greatest concerns was the number of houses, existing and proposed, that would share just one entrance. A Commissioner noted that if there was an accident at the entrance to Sunset Drive, the street would be blocked, and it would be difficult to get a fire engine or ambulance back to the 150 houses. Members of the Commission were also opposed to development without the proper infrastructure available for support, which they believed was the case with this particular proposal in this area. They cited insufficient roads and enforcement. Members of the Commission commented that they didn't think there was anything the developer could do to Sunset Drive that would mitigate the negative impact of putting 70 additional homes in that location. The conclusion of the Commission was that they could not support the rezoning proposal as it was presented. The staff noted that the County's Secondary Road Improvement Plan shows components of Senseny Road in phases to be improved; however, none of those phases are scheduled, and Senseny Road is not scheduled to be widened or turn-laned. Upon motion made by Mr. Ours and seconded by Mr. Light, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend denial of Rezoning Application #013-98 of Curtis L. Braithwaite, submitted by Ebert and Associates, to rezone 38.867 acres from RA (Rural Areas) to RP (Residential Performance). Rezoning Application #014-98 of Gregory Investments to rezone .149 acres (6,502 square feet) from RP (Residential Performance) to B2 (Business General). This property is located at the intersection of Aylor Road (Rt. 647) and Double Church Road (Rt. 641) on the west side of Aylor Road and along I-81, and is identified with P.I.N. 75-A-51 in the Opequon Magisterial District. Frederick County Planning Commission Minutes of October 7, 1998 Page 255 -10 - Action - Recommended Approval with Proffers Mr. Evan A. Wyatt, Deputy Planning Director, said that approximately 81% of this parcel is currently zoned B2 (Business General) and can be legally developed for commercial purposes. Mr. Wyatt stated that the applicant has proffered to prohibit the construction of structures on the .149 -acre portion that is proposed for rezoning, as he plans to use the area for vehicular access and parking. He explained that potential impacts on adjoining properties from this use would be site lighting and vehicular headlight glare. Mr. Wyatt said that the Zoning Ordinance requires various methods of screening commercial uses and associated parking areas from residential properties, and establishes requirements to control lighting spillover onto adjoining properties. He added that the staff believed that the county site design requirements, coupled with the applicant's proffer statement, adequately mitigated the impacts associated with this rezoning proposal. Mr. Stephen M. Gyurisin with Gilbert W. Clifford & Associates, Inc., said that this property, as indicated by staff, is split -zoned. He explained that they would like to make this small, residentially -zoned portion commercial, so it is consistent with the remainder of the property. Mr. Gyurisin continued, stating that a buffer is required between the residential zoning and the B2 zoning and they would be faced with providing a buffer on their own property, between the residential zoning and the commercial zoning, as well as providing buffering to the adjoining properties. He said that this creates a substantial spacing problem for them to locate the entrance and driveway for the facility, as well as some parking. He stated that this was the primary reason for the rezoning. Members of the Convnission inquired if the possible widening of I-81 would affect this property. Mr. Gyurisin replied that he spoke with VDOT about that possibility and it is unlikely that any widening of I-81 would affect the Gregory property. There were also some questions regarding site distances going north on Aylor Road. Mr. Gyrusin reported that they are currently dealing with those issues on their site plan and, in addition, they will be dedicating right-of-way for the expansion of Aylor Road. Upon motion made by Mr. Romine and seconded by Mr. Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Rezoning Application #014-98 of Gregory Investments to rezone .149 acres (6,502 square feet) from RP (Residential Performance) to B2 (Business General) with the proffer submitted by the applicant. Proposed Modification of the Comprehensive Policy Plan, Eastern Road Plan Map, to relocate and revise the functional classification of existing and proposed collector roads between Valley Mill Road (Rt. 659) and Millwood Pike (Rt. 50). Action - Recoimnended Approval Mr. Evan A. Wyatt, Deputy Planning Director, stated that at the Planning Commission's September 2, 1998 meeting, the staff brought forward a request that was presented by Mr. Mark Smith of Greenway Engineering to modify a portion of the County's Eastern Road Plan within the Comprehensive Policy Plan. Mr. Wyatt said that the Commission unanimously supported the modifications proposed, and felt it was Frederick County Planning Commission Minutes of October 7, 1998 Page 256 -11- a better plan than what was currently in the Comprehensive Policy Plan; however, they believed it was appropriate for the Transportation Committee to review the proposal and present a recommendation, before the Commission took formal action. Mr. Wyatt said that basically, the modifications eliminate double major collector roads within close proximity to each other. Mr. Wyatt said that at their October 6, 1998 meeting, the Transportation Committee recommended approval of the design submitted. Mr. Wyatt continued, stating that the staff requested the applicant to develop a scenario utilizing one major collector road through this area which would intersect with Berryville Pike (Rt. 7) and provide an analysis of this scenario compared to the initial proposal. Mr. Mark Smith of Greenway Enginecring stated that after studying the "Alternate Two" plan requested by the staff, Greenway Engineering has concluded that the original proposed Eastern Road Plan modifications move and facilitate traffic in a more clear and concise method than the "Alternate Two" plan. Mr. Smith explained his analysis to the Commission. There were no public comments. Commission members again expressed their support and endorsement of the original modifications presented by Greenway Engineering. Upon motion made by Mr. Thomas and seconded by Mr. Ours, BE IT RESOLVED, That the Frederick Comity Planning Commission does hereby unanimously support and recommend approval of the proposed modifications to the Eastern Road Plan Map of the Comprehensive Policy Plan to relocate and revise the functional classification of existing and proposed collector roads between Valley Mill Road (Rt. 659) and Millwood Pike (Rt. 50) as presented by Mr. Mark Smith of Greenway Engineering. UPDATE OF THE 1999-2000 FREDERICK COUNTY SECONDARY ROAD IMPROVEMENT PLAN Action - Recommended Approval Mr. Michael T. Ruddy said that the Transportation Committee held a public hearing on September 1, 1998 for the annual update of the Secondary Road Improvement Plan and they unanimously recommended approval as presented by staff. Mr. Ruddy reviewed the various sections of the plan with the Commission and pointed out noteworthy modifications. He added that representatives of VDOT were present to answer questions from the Commission. There were no public comments. Mr. Sager, Board of Supervisors' Liaison, wanted to know if the I-81 widening would hold up the scheduled improvements to Aylor Road. Mr. Nonnan Sparks, VDOT's Design Specialist, didn't believe that the 81 widening would stall the scheduled Aylor Road improvements in any way. Mr. Sparks explained that VDOT has a plan for the interchange at Stephens City and 81 will be widened on the median side through that area, which will reduce the impacts along Aylor Road. Frederick County Planning Commission Minutes of October 7, 1998 Page 257 -12 - Upon motion made by Mr. Thomas and seconded by Mr. Romme, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve the 1999-2000 Frederick County Secondary Road Improvement Plan with the major road improvement projects, the hard -surface road improvement projects, and the unscheduled and incidental construction, as submitted by staff and recommended by the Transportation Committee. UPDATE OF THE IMPACT MODEL Action - Recommended Approval Mr. Eric R Lawrence, Zoning Administrator, presented the updated Fiscal Impact Model to the Commission, noting that the model has been updated and modified to more accurately project fiscal impacts on capital facilities the County may incur based on a proposed rezoning. Mr. Lawrence stated that this updating process began in mid -Spring when Mr. Phil Hammer of RER Economic Consultants, Inc. was selected to conduct the update. There were questions from the Commission about how money designated for fire and rescue is distributed. Mr. Lawrence explained that because of the necessity for accountability, fire and rescue proffer monies are collected by the Finance Department and distributed for fire and rescue projects. Members of the Commission spoke about the necessity to review and update the model on an annual basis. Mr. Lawrence said that Mr. Hammer has established a format whereby staff can determine what needs to be updated, making it much easier for an annual update to be accomplished. Mr. Kris Tierney, Planning Director, stated that the State Code places limits on the things localities can accept proffers for and in order to accept proffers, facilities have to be listed in the Capital Improvements Plan. He explained that the Impact Model attempts to get a handle on what the costs to the County are for various types of development for information purposes. Mr. Tierney said that this update is an improvement in that it allows the County to customize the input into the model, much more than in the past, to give a more realistic output in terms of what the real costs of the development are, based on its characteristics. There were no public comments. The Commission believed the update was a great improvement over the current model and they endorsed the model as presented by the staff. Upon motion made by Mr. Miller and seconded by Mr. Ours, BE IT RESOLVED, That the Frederick County Planning Connnission does hereby unanimously support the update to the Fiscal Impact Model and does forward a recommendation of acceptance as presented to the Board of Supervisors. Frederick County Planning Connnission Minutes of October 7, 1998 Page 258 -13 - REQUEST FOR ZONING ORDINANCE AMENDMENT - OUTREACH TO ASIA NATIONALS Action - Recommended Denial Mr, Eric R. Lawrence, Zoning Arl_minictratorstated that staff had r,,ceiveda request to arnerid the Zoning Ordinance to consider allowing non-profit foreign aid organizational offices in the RA Zoning District. Mr. Lawrence said that the request was made by Mr. Otis Goodwin, Executive Director of Outreach To Asia Nationals (OTAN), which established itself in Frederick County in 1991 as a cottage occupation. Mr. Lawrence continued, stating that OTAN established an office in an existing garage, under CUP 4009-91, on OTAN property off Route 522 North. He said since that time, interest in OTAN has increased and OTAN feels than an expansion of its facilities is necessary to continue providing their services. Mr. Lawrence said that the Development Review & Regulations Subcommittee (DRRS) discussed this request at their July and August monthly meetings and those discussions concentrated on the allowance of "office" uses, whether non-profit or for profit, outside of the County's Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). He stated that the DRRS firmly believed that such a use would not be in compliance wth the County's Comprehensive Policy Plan, of which the UDA and SWSA are elements. Chairman DeHaven called for public comment, but no one came forward. Members of the Commission believed that office uses were not appropriate in the RA Zoning District and that this was clearly a B2 use. They could not support an ordinance change to accommodate this use and recommended to the Board of Supervisors that this not be permitted. Upon motion made by Mr. Miller and seconded by Mr. Wilson, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend denial of the request by Mr. Otis Goodwin, Executive Director of Outreach To Asia Nationals, for an ordinance amendment to establish an office in the RA Zoning District. OTHER Mr. Kris C. Tiemey, Planning Director, announced an upcoming public meeting concerning the Third Battle of Winchester to be held on October 27, 1998 at 7:00 p.m. at Redbud Elementary School. Mr. Tierney also noted that staff has begun preparations for the Commission's annual retreat and would like input from the Cornnussion on the meeting format. Mr. Tierney said that the staff will be sending a survey to the Commission within the next week. Frederick County Planning Commission Minutes of October 7, 1998 Page 259 ADJOURNMENT unanimous vote. -14 - No further business remained to be discussed and the meeting adjourned at 9:40 p.m. by Respectfully submitted, Kris C. Tierney, Secretary Charles S. DeHaven, Jr., Chairman Frederick County Planning Commission Minutes of October 7, 1998 Page 260 REZONING: Location: Submitted: PC Review: BOS Review: APPLICATION ACTION SUMMARY (printed October 22, 1998) Application C aUon newly Ysu submitted. d. 251 Gore Road (Rt. 751) (old Rt. 50); Gore 10/09/98 11/04/98 12/09/98 - tentatively scheduled Location: West side of Martinsburg Pk. (Rt. 11), about 0.5 mi. south of the intersection with Rt. 672. Submitted • 10/09/98 PC Review: 11/04/98 BOS Review: 12/09/98 - tentatively scheduled Gregory Investments (REZ #014-98) Opequon .149 ac. from RP to B2 Location: The intersection of Aylor Rd. (Rt. 647) & Double Church Rd. (Rt. 64 1) on the west side of A for Rd. & alon I-81. Submitted: 09/11/98 PC Review: 10/07/98 - recommended approval w/ proffers BOS Review: 10/26/98 Curtis L. Braithwaite (REZ #013-98) Stonewall 38.867 ac. from RA to RP Location: 0.7 mi. E. on Senseny Rd (Rt. 657) from interscan w/ Greenwood Rd (Rt. 656) to Sunset Dr. (Rt. 812); So. on Sunset Dr. 0.3 mi. to end. Submitted: 09/03/98 PC Review: 10/07/98 - recommended denial BOS Review: 10/13/98 - applicant formally withdraws application. Thomas Grove (REZ #012-98) Shawnee 6.008 ac. from RA to MI Location: Airport Road (Rt. 645) Submitted: 08/21/98 PC Review: 10/07/98 - recommended approval w/ proffers BOS Review: 10/26/98 RT&T Partnership (Kernstown Business Pk) (Rez #011-98) Back Creek 17.84 ac. from B2 to B3 Location: Rt. 11 South; 1/4 mile south of Rt. 37 interchange Submitted: 08/06/98 PC Review: 09/02/98 - recommended approval BOS Review: 10/14/98 - approved w/ proffers Applications Action Summary Printed October 22, 1998 SUBDIVISIONS: Kernstown Business Park (SUB #017-98) Back Creek Subdivision of a 2.0000 ac. lot (B2), remaining acreage is approx. 23 ac. I.ocatior I i.Ut e, Section 1, Kernstown Business Park Submitted: 09/04/98 MDP #003-91 MDP approved by BOS 07/10/91; MDP admin. approved 09/03/91 Subd. Admin. Approved: Pending Autumn Glen, Sect. I (SUB 015-98) Opequon 21 lots - duplex & multiplex (52 dwellings) on 14.8 ac. (RP) Location: South side of Tasker Rd. (Rt. 642), 0.25 mi. East of Rt. 647 Submitted: 06/30/98 MDP#004-98(Tasker Rd Lnd Bays) MDP approved by BOS 07/08/98; MDP Pending Admin. Approval Subd. Admin. ApprovedL.______j, Pending Briarwood Estates (SUB #014-98) Stonewall 184 single-family lots on 55.7887 ac (RP) Location: East side of Greenwood Rd. (Rt. 656) midway between Senseny Rd. (Rt. 657) & Valley Mill Rd. (Rt. 659) Submitted: 06/29/98 MDP #003-98 MDP approved by BOS 05/27/98; MDP Admin. Approved 06/29/98 Subd. Admin. Ap roved:----] Pending Mark & Rachelle Repine (SUB #004-98) NO MDP Shawnee Subdivision of 1.3719 ac. into3 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: LPending Appucatnons Action summary Printed October 22, 1998 Chapel Hill Subdivision (SUB #014-97) Shawnee 14.4214 acres (RP) 34 S.F. Det. Urban L;Rd. Location: East side of Rt. 522, 0.15 mi. soudi of Longcroft Rt. 785) Ci�hmitr�• lnnni9� MDP #006-96: Approved by BOS 08/14/96; Admin. Approved on 09/17/96 Subd. Admin. Approved: Pending Star Fort, Sect. H (SUB #010-97) Stonewall Subdivision of 11.6182 ac. for 26 s.f. detached traditional lots Location: U.S. Rt. 522 and VA Rt. 832 Submitted: 09/16/97 MDP #004-94 Approved by BOS 09/14/94; Adinin. Approved 04/10/95 Subd. Admin. Approved: Pending Lenoir City Co. Lot 2; Stonewall Indust. Pic. (SUB #007-97) Gainesboro Subdivision of a 2.6584 ac. lot (Ml) Location: McGhee Rd. (Rt. 861); approx. 1,000' from Tyson Dr. intersection Submitted: 07/28/97 MDP #006-93 Approved by BOS 07/14/93; Admin. Approved 07/28/93 Subd. Admin. Approved: Pending Dominion Knolls (SUB #005-97) Stonewall 75 s.f. zero lot line lots on 20.278 ac. (RP) Location: So.west corner of Baker Ln. (Rt. 1200) & Ft. Collier Rd. (Rt. 1322) Submitted: 05/16/97 MDP #001-97 Approved by BOS 04/09/97; Admin. Approved 06/30/97 Subd. Admin. Approved: Section 1 (25 lots) approved 06/02/98; Sections 2 & 3 Pending Applications Action Summary Printed October 22, 1998 Winc-Fred Co. IDC Location: Submitted: MDP #003-87: Admin. A Back Creek Southeast side of 09/08/95 2 MI Lots (0.552 acres & 20.285 acres) Lane Approved by BOS 07/08/87; Admin. A ved 06/08/88 RT&T Partnership (SUB) _[�Back ----------------------- Creek 1 L�-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. A royal: 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 - an -roved Pending Admin. Approval: Awaiting deed of dedication, letter of credit, and signed plat I Harry Stimpson (SUB) I Opequon Two B2 Lots Location: Town Run Lane Submitted: 09/23/94 PC Review: 10/19/94 - recommended approval BOS Review: 10/26/94 - approved Pending Admin. Approval: Awaiting signed plat. -ppucauons action aummary Printed October 22, 1998 5 SITE PLANS: Location: II West Brooke Road; Ft. Collier Industrial Park Submitted: 11 10/15/98 I1 Location: II 150 Fort Collier Road, Fort Collier Industrial Park Submitted: II 10/19/98 A God's Glory Land (SP #061-98) Back Creek Church Retreat; 26.45 ac. to be developed of a 85.7 ac. site (RA) Location: Back Creek Road Submitted: 10/01/98 Approved: Pending Applications Action Summary Printed October 22, 1998 6 World Wide Automotive (SP #062-98) Stonewall trial/Manufacturing; 12.2 ac. to Fbedevelopedon a 12.203 ac. site (Ml) Location: Fort Collier Industrial Park; West Brooke Road Submitted: 1 10/01/98 II Approved: II Pending II Dawson Industrial Park (SP #060-98) Back Creek Office/Industrial Uses; 2.828 ac. parcel to be developed on 26.45 ac. tract (Ml) Location: Northeast confer of Route 37 & Shady Ehn Road (Rt. 651) Submitted: 09/29/98 Approved: Pending Autumn Glen (SP #059-98) Opequon Duplex/ Multiplex; 14.42 ac. developed of a 73.47 ac. site; (RP & 132) Location: Tasker Road (Rt. 642) Submitted: 09/25/98 Approved: Pending Bim Henry Property - Mini Warehouse (SP #057-98) 1 Stonewall 7,504 s.f. warehouse; 4 ac. developed of -a 7.74 ac. site (133) Location: Intersection of Baker Lane & Fort Collier Road Submitted: 08/26/98 Approved: Pending Taliaferro Dental Office (SP #055-98) Opequon Dental office; 0.8035 ac. developed of a 2.93+ ac. parcel (132) Location: Warrior Drive, just north of its intersection with Rt. 277 Submitted: 08/19/98 Approved: 10/14/98 Applications Action Summary Printed October 22, 1998 Bo's at Kernstown/ Emmart Oil Co. (SP #052-98) Back Creek convenience store/gasoline sales; 0.846 1 ac. parcel to be developed (B2) Location: Valley Avenue (Rt. 11), South of Winchester Submitted: 07/24/98 Approved: I Pending II Moffett Property (SP #050-98) Stonewall Metal warehse addition (4,800 g.s.f.); 1.392 ac. site; 0.465 disturbed (B3) Location: 1154 Martinsburg Pike Submitted: 07/21/98 Approved: Pending Hayfield Assembly of God (SP #049-98) Gainesboro 3,789 s.f. addition to existing church; 1 3.053 ac. site (RA) Location: 5118 Northwestern Pike, Gore Submitted: 07/20/98 Approved: Pending Abundant Life Church (SP #046-98) Opequon Addition to Existing Church - 2 ac. 1 developed on 17.4 ac. site (Bl) Location: 700 Aylor Rd; East of I-81 on Rt. 647, beside Fredericktowne Subd. Submitted: 06/29/98 Approved: Pending T.P. & Susan Goodman (SP #044-98) Stonewall Hackwood/ Minor Site Plan (RA) Location: 534 Redbud Road Submitted: 06/10/98 Approved: Pending Applications Action Summary Printed October 22, 1998 Cives Steel Company (SP #042-98) Stonewall Addition of paper storage bldg.; 1,200 s.f. of 18.07 -ac. site (Ml) Location: 210 Cives Lane (behind Shade Equipment Co.) Submitted: 06/17/98 Ir Approved: Pending I Frederick Plaza (SP #030-98) Gainesboro One-story bldg. w/ 7,000 sf retail & 2,000 sf drive-thr bank; 1.3 ac. (B2) Location: 263 Swunyside Plaza Circle Submitted: 04/21/98 Approved: 10/14/98 Blue Ridge Grace Brethren Church (SP #026-98) Back Creek Sanctuary Addition; 1.2 ac. developed on a 10 ac. site (RA) Location: 1025 Cedar Creek Grade Submitted: 04/01/98 Approved: Pending 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 Agape Christian Fellowship Church Sanctuary (SP #005-97) Shawnee Church Expansion; 2.5 ac. to be developed of a 29.5115 ac. site (RA) Location: East side of Rt. 642; approx. 2,500' so. of the Rt. 37/I-81 Interchg. Submitted: 02/12/97 Approved: Pending Applications Action Summary Printed October 22, 1998 Shenandoah Bldg. Supply (SP #056-96) Gainesboro Warehouse on 5 acres (Ml) Location: 195 Lenoir Drive (Stonewall Industrial Park) Submitted: 12/16/96 Approved: Pending Stimpson/Rt. 277 Oil & Lube Service (SP #030-96) Opequon Oil & Lube Serv., Car Wash, Drive - l Thru on 2.97 ac. (B2) Location: 152 Fairfax Pk. (behind Red Apple Country Store) Submitted: 07/03/96 Approved: Pending AMOCO/House of Gifts (SP #022-96) Gainesboro Gas Pump Canopy 880 sq. ft. area of a 1 0.916 acre parcel (RA) Location: 3548 North Frederick Pike Submitted: 05/08/96 A roved • 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: Pendnig Wheatlands Wastewater Facility (SP #047-89) Opequon Treatment Facility on 5 Acres (R5) Location: So.West of Double Tollgate; adj. & west of Rt. 522 Submitted: 09/12/89 Note: Being held at applicant's request. Applications Action Summary Printed October 22, 1998 10 Flex Tech (SP #057-90) Stonewall MI Use on 11 Ac. (MI) Location: East side of Ft. Collier Rd. Submitted: 10/25/90 Note: Being held at applicant's request. CONDITIONAL USE PERMITS: Meade's Family Day Home (CUP #008-98) Gainesboro Day Care Facility Location: 150 Twine Lane, Gore Submitted: 09/11/98 PC Review: 10/07/98 - tabled for 30 days BOS Review: IL Not scheduled at this time. Ricky Lee Pitts (CUP #007-98) Back Creek Public garage without body repair (RA) Location: 4445 Back Mountain Road Submitted: 09/11/98 PC Review: 10/07/98 - recommended approval w/ conditions BOS Review: 10/26/98 IIBoyd L. Bloomer (CUP #006-98) Stonewall public garage w/o body repair; construction of 36X48 bldg. (RA) Location: 4784 Martinsburg Pike, Clearbrook Submitted: 09/01/98 PC Review: 10/07/98 - recommended approval w/ conditions BOS Review: 10/26/98 Applications Action Summary Printed October 22, 1998 11 Appleland Sports Center (CUP #005-98) Back Creek Amend existing approved CUP to allow go-carts, ice cream/food concessions, water slide, par 3 golf course Location! 4506 Valley Pike Submitted: 08/06/98 PC Review: 09/02/98 - reconnnend approval w/ conditions BOS Review: 10/14/98 - approved w/ conditions VARIANCES: Winchester Countertop (VAR #026-98) Stonewall 20' front yard setback variance for an 1 office addition Location: 183 hnboden Drive Submitted: 09/14/98 BZA Review: 10/20/98 - denied Ralph Gregory (VAR #020-98) Opequon front setbk var.(s) & variances from requirmts. of zon. dist. buffers (B2/RP) Location: W. Side of Aylor Rd. (647) at intersctn w/ Double Church Rd. (641) Submitted: 07/24/98 BZ A Review: 08/18/98 - approved front setback variances; tabled zoning district buffer variances until 09/15/98; 09/15/98 - tabled zoning district buffer variances until on or before 12/15/98. Applications Action Summary Printed October 22, 1998 12 PC REVIEW DATE: 11/04/98 BOS REVIEW DATE: 12/09/98 REZONING APPLICATION A TION Nn, c=o4 1V �V JACK K. WAMPLER, SR To rezone 9.30 acres from RA (Rural Areas) to B3 (Industrial Transition) and 10.70 acres from RA (Rural Areas) to B2 (Business General) LOCATION: This property is located on the west side of Martinsburg Pike (Rt. 11) about 0.5 miles south of the intersection with Hopewell Road (Rt. 672). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 33 -A -164D PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) District Land Use: Agricultural ADJOINING PROPERTY ZONING & PRESENT USE: North: Zoned RA (Rural Areas) District South: Zoned RA (Rural Areas) District East: Zoned RA (Rural Areas) District Use: Vacant Use: Stonewall Elementary School Use: Clearbrook Regional Park, Vacant West: Zoned B2 (Business General) District Use: Commercial; Vacant Zoned B3 (Industrial Transition) District PROPOSED USE: Mobile Home/Model Home Sales and Commercial REVIEW EVALUATIONS: Virginia Det. of Transportation: No objection to rezoning ofthis property. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage Jack K Wampler, REZ #015-98 Page 2 October 26, 1998 features, and traffic flow data from the I.T.E. Trip Generation Manual, Sixth Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization and off-site roadway improvements and drainage. Any work performed on the State's right-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. Historic Resources Advisory Board: The HRAB recommends that the applicant conduct an archeological survey of the site prior to development, and that a 100' buffer distance from the north property line is maintained. The HRAB recommends that a full screen be provided within this buffer distance which tapers into an evergreen screen from the property bend to the railroad tracks. Fire Marshal: Plan approval recommended. No additional comments. Sanitation Authority: No comments. County Engineer: See attached letter from Harvey E. Strawsnyder, Jr. dated 9-21-98 and follow-up letter dated 10-8-98. County Attorney: Uses should be proffered out, not in. Don't think can proffer how trailers face on a shrubbery and grass. Parks & Recreation: No comments. Frederick Co. Public Schools: In addition to the 50' inactive buffer, we recommend landscaping the buffer area with evergreen trees to serve as screening between the school and the adjacent property. Health Department: See attached letters from Karl E. Evans dated 8-14-98 and 9-23-98. Planning & Zoning: 1) Site History The original Zoning Map for Frederick County (U. S. G. S. Inwood Quadrangle) demonstrates that this site was zoned A-2 (Agricultural General) District. This zoning designated was reclassified to RA (Rural Areas) District on February 14, 1990 when the comprehensive revision to the Zoning Ordinance was adopted by the Board of Supervisors. 2) Location The 20 -acre site is located in the County's Sewer and Water Service Area (SWSA) and is a Jack K. Wampler, REZ #015-98 Page 3 October 26, 1998 component of the Route 11 North Land Use Plan which was adopted by the Board in 1996. This land use plan calls for industrial and commercial use in the general area of this property. The 20 -acre site is located on the west side of Martinsburg Pike (Route 11) which provides a significant amount of road frontage. The site abuts the Stonewall Elementary School to the south and is across Martinsburg Pike for the entrance to the Clearbrook Regional Park. 3) Site Suitability The 20 -acre site does not contain areas of steep slope, floodplain, wetlands, or woodlands. The Soil Survey of Frederick County, Virginia identifies prime agricultural soils on the entire site. The Frederick County Rural Landmarks Survey identifies the L.O. Dick House (ID #34-936) within close proximity of this site. This house, located just north of the 20 -acre site, is identified in the survey as a potentially significant historic structure. 4) Potential Impacts a) Transportation System - The applicant has prepared a traffic impact analysis for this application which suggests that the B3 portion of the site would generate 120 vehicle trips per day, and the B2 portion of the site would generate 3,800 vehicle trips per day. This would increase the amount of traffic on Martinsburg Pike (Rt. l l) by 11 %. The applicant has estimated that the majority of this traffic access the site via Interstate 81 Exit 321, which would increase the traffic on the segment of Hopewell Road (Rt. 672) between I-81 and Martinsburg Pike by 104%. The Route 11 North Land Use Plan demonstrates the need for the development of a future collector road which would link this site with properties on the southeastern side of Martinsburg Pike. The land use plan calls for the provision of traffic signalization at the intersection of this road and Martinsburg Pike. b) Adjoining Properties - The southern boundary of the 20 -acre site adjoins the Stonewall Elementary School site. This represents the portion of the site that is proposed to be rezoned to B3 (Industrial Transition). The review comment from the Frederick County Public Schools states that a landscaped buffer would be desirable that would adequately screen future development from the Stonewall Elementary School site. c) Historic Resources - The review comment from the HRAB recommends that the northern property line of the 20 -acre site should be developed with a buffer and screen to mitigate viewshed impacts to the L.O. Dick House. The HRAB also recommends that the applicant conduct an archeological survey of this site prior to Jack K. Wampler, REZ #015-98 Page 4 October 26, 1998 the occurrence of development activity. d) Site Suitability - The review comment from the Health Department states that a sewage disposal system could be developed which would allow for 150 g.p.d. to serve a maximum of three employees. The closest public sewer to this site would be in the Stonewall Industrial Park. A study has been prepared by Patton Harris Rust and Associates which recommends various methods to provide public sewer service to properties within the Route 11 North Land Use plan; however, no project has been proposed by the FCSA or private individuals to accomplish this at this time. e) Community Facilities and Services - The Capital Facilities Impact Model was applied to this application on 8/25/98, assuming the development of 228,563 square feet of retail and 18,848 square feet of office space on the 20 -acre site. The results of the impact model demonstrate a negative impact to Fire and Rescue services for capital facilities costs. 5) Proffer Statement The applicant has submitted a proffer statement that has been signed, notarized and reviewed by the County Attorney. The applicant's proffer statement has been developed to reflect requirements for the entire site and requirements for the 9.3 -acre portion that is proposed to be rezoned B3 (Industrial Transition) District. The following provides information for each portion of the proffer statement: A) The applicant has proffered to construct no more than three commercial entrances on the entire site, and has offered a monetary contribution to mitigate the impacts to Fire and Rescue services. B) The applicant has proffered to limit the permitted uses on the 9.3 -acre B3 (Industrial Transition) portion of the 20 -acre site to mobile home dealers and model home sales and has proffered to provide a 50' inactive buffer along the southern property line, adjacent to Stonewall Elementary School. STAFF CONCLUSIONS FOR 11/04/98 PLANNING COMMISSION MEETING: The request to rezone the 20 -acre site to create 10.7 acres ofB2 (General Business) District, and 9.3 acres of B3 (Industrial Transition) District appears to conform to the general land use bubble diagram that is part of the Route 11 North Land Use Plan; however, there are several issues associated with this adopted land use plan which have not been addressed to date. The land use plan calls for the need to widen Martinsburg Pike (Route 11) to a four -lane condition to be consistent with the Winchester Area Transportation Study. The applicant has not addressed Jack K. Wampler, REZ #015-98 Page 5 October 26, 1998 this issue which could mitigate impacts associated with land acquisition from the Clearbrook Regional Park. The land use study demonstrates the need for the development of a future collector road which would link this site with properties on the southeastern side of Martinsburg Pike. The land use plan calls for the provision of traffic signalization at the intersection of this road and Martinsburg Pike; however, the applicant has not addressed how the future development ofthis site will impact the need for this improvement or how it will be funded. The land use study states that there is a need to protect rural landmark sites that are identified by the Frederick County Rural Landmarks Survey. The HRAB has provided recommendations which include an archeological survey as an initial step and buffers and screening during the development process. To date, the applicant's proffer statement does not address this issue. The applicant has proffered to set structures 50' from the property boundary line in lieu of the required 15' setback requirement. The Frederick County Public School comment requests protection through a landscaped buffer area which is not proposed as a part of the inactive buffer proffer. The Health Department comment reflects the inability of this site to support a sewage disposal system that can accommodate more than 150 g.p.d. and three employees. It is uncertain as to how and when public sewer will be provided to this site; therefore, the current proposal cannot accommodate the majority of uses that are permitted in the B2 (Business General) District. The applicant has proffered to provide a monetary contribution to mitigate the impacts associated with Fire and Rescue services. This amount is inconsistent with the results of the Capital Facilities Impact Model. The monetary contribution proffered by the applicant may be appropriate to mitigate the development of less square footage on the 20 -acre site; however, the proffer statement does not provide for this. Staff has concerns regarding the type and intensity of uses which may be developed on the commercial portion of this site. Though the Route 11 North Land Use Plan calls for commercial and industrial development in the area, the timing of such development is dependent upon the availability of appropriate infrastructure. A number of issues pertaining to the Comprehensive Policy Plan and to review agency comments remain outstanding at this time and have not been adequately addressed by the applicant. Issues pertaining to future transportation improvements, appropriate buffers and screening, the type and intensity of uses, and the provision of adequate infrastructure are critical and should be addressed at the time of rezoning. It is staff's belief that these issues have not been adequately addressed at this time. Lord FairfaAEnvironmental HFeah a District 107 N. Kent St. dp. P. ®. Pox 2056 Winchester, Virginia 22604 (540) 722-3480 FAX (540) 722-3479 Counties of. Clarke, Frederick, Page, Shenandoah, Warren, and City of Winchester August 14, 1998 RE: Re -zoning comments TM # 33 -A -164D Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 Dear Mr. Beeman: I have reviewed the documents on file for this property. It appears that this office issued 1 sewage disposal system permit on 12/15/97 for 150 gallons per day to serve a maximum of 3 employees at a mobile home dealership office. I was not able to find any other records for this property. It is stated in Section 1.8 C of the Virginia Sewage Handling & Disposal Regulations that " all buildings, residences, and structures designed for human occupancy, employment or habitation and other places where humans congregate shall be served by an approved sewerage system and/or treatment works. An approved sewerage system or treatment works is a system for which a certificate to operate has been issued jointly by the department and State Water Control Board or a system which has been issued a separate permit by the commissioner". Per your re -zoning request, this office can only give approvals for the 150 gallons per day as stated above. Any proposed expansions involving on site sewage disposal would require approvals by this office. Your request also indicates that the property would be served by a public water system, therefore this office would not issue well permits. I hope that this information is helpful to you. Sincerely, Karl E. Evans Environmental Health Supervisor 107 N. Kent St. �s aaa P. ®. Box 20`6 Winchester, Virginia 22604 (540) 722-3430 FAX (540) 722-3479 Counties of. Clarke, Frederick, Page, Shenandoah, `rlarren, and City of Winchester September 23, 1998 RE: Wampler rezoning Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 Dear Mr. Beeman: I am writing in response to your letter dated September 7, 1998. We completed a search of our files on this date and we were able to locate another permit in our inactivated files that was issued to Mr. Wampler that is identified as number 96012870. The permit was issued by Mr. Frank Lee. It is my understanding of current county zoning policies, that only 1 dwelling or structure is allowed per parcel unless it is a tenant house situation and the square footage of the tenant house cannot exceed 25% of the square footage of the main dwelling. Another option would be to sub -divide the original parcel, thereby creating multiple lots that would accommodate 1 dwelling per sub -divided lot. With this information in mind, it is my understanding that Mr. Lee informed Mr. Wampler that only 1 permit could be active due to the fact that the applications did not include plans for sub -dividing or the construction of a tenant house. In summary, we do have on file, 2 sewage disposal system construction permits for this parcel, but in order to comply with current policies, this office can only grant approval for 1 structure unless the information in paragraph 1 would apply. If you have any questions, please call. Sincerely, Karl E. Evans Environmental Health Supervisor COUNTY of FRF-DERICK Department of Public Works 540/665-5643 FAX: 540/678-0682 September 21, 1998 Mr. Mark D. Smith, P.E. Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: 20 Acre Rezoning Request - Wampler Property Frederick County, Virginia Dear Mark: We completed our review of the proposed 20 acre rezoning and offer the following comments: 1. Refer to page 5, Sewage Conveyance and Treatment. Until sewer collection has been extended to this site, development of the two (2) individual parcels will be governed by the ultimate capacity of the permitted drainfields. The health department will establish these capacities. The design capacities shall be included with the site plan submittal for our review. 2. Under the drainage calculations, a predevelopment "C" value of 0.6 has been assumed. This value is not appropriate for the insitu residual soils. We recommend a predevelopment "C" value of 0.2. A detailed stormwater evaluation shall be included with any site plan submittals. Please provide revised impact documents for our review prior to granting our final rezoning approval. HES/kch CC' file AA\Wamplcr Rcz.com Sincerely, Harvey E trawsnyder, Jr., P.E. Director of Public Works 107 North 'dent Street , Winchester, Virginia 22601-5000 October 8, 1998 Mr. Mark D. Smith, P.E. Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Wampler Rezoning Frederick County, Virginia Dear Mark. COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/673-0682 Your revised rezoning submittal dated September 24, 1998, has adequately addressed our previous review comments. Therefore, we grant our approval of the proposed rezoning. HES/rls cc: file A3Wamp1er2 Rez.com Sincerely, ll V' Harvey E. Strawsnyder, Jr., P.E. Director of Public Works 107 North Kent Street 4 Winchester, Virginia 22601-5000 ki REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA Tu be completed by Planning Staff , Zoning Amendment Number (,' � � Date Received %'C Hearing Date-'' -'<' BOS Hearing ., .. k 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: Greenway Engineering Telephone: (540) 662-4185 Address:t51 1jindy Hill Lane Winchester VA 22602`'�� 2. Property Owner (if different than above) Name: Jack K. Wampler, Sr.' et als. Teleph6ne:4Q) 667. 8826 •tip,,. � •�",y ��13• Address:2648 Martinsburg Pike 3. Contact person if other than above Name: S. Telephone: 540 662-4185 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 X Verification of taxes paid X Proffer Statement X 11 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: Jack K. Wampler, Sr. Polly J. Wampler Jack K. Wampler, Jr. Peggy Wampler 6. A) Current Use of the Property: Agricultural B) Proposed.Use of the Property: Commercial 7. Adjoining Property: PARCEL ID NUMBER 33-((A))-164 33- A) )-1 64G II -((A))-165 33 -((A)) -164E 44((A))-97 44-((A))-82 USE Commercial Commercial Commercial Residential Agricultural Educational ZONING B-2 B-2 & B-3 B-3 RA EM Educational 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): WP4t Ride of Martinsburg Pike (U.S. Route 11) about 0.5 miles south of the intersection with Rte. 672. 12 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 IdentificationlLocation: Parcel Identification Number 3 3- ( (A) ) -16 4 D Districts Magisterial: Stonewall High School: JAMPS Hood Fire Service: CQ. 13-Clearhrook Middle School: James Wood Rescue Service: Elementary School: Stonewall 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Re assted 9.30 RA B--3 RA B-2 20.00 Total acreage to be rezoned 11. The following information should be provided according to the type of rezoning proposed: Single Family homes: Non -Residential Lots: Office: Retail: Restaurant: Townhome: Mobile Home: Square Footage of Prpposed Uses 13 Multi -Family: Hotel Rooms: Service Station: Manufacturing: Warehouse: 4 Other: 01/28/1994 05:13 15407229528 GREENWAY ENGINEERING PAGE 02 12. Sipatare: I (we), the undersigned, do hereby respectfully make application and petition' the Frederick County Board of Supervisors to amend the zoning ord4wice tutu to c hulxge *e zonmg man 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: Date: A!L—S-0' Date: /L—r Date: /E24 -9,5P Adjoining Property Owners Rezoning Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name and Property Identification Number Address NameFish, Ra�Lmond L. ALIris J. 174 Warms Springs Road Winchester, VA 22603 Pro erty# Name Richardson. Kimberly & Jo n 3333 Martinsburg Pike Winchester, VA 22655 Property 4 33 -((A)) -164E Name CedarLand Company, L.C. P.O. Box 219 Clearbrook VA 22624 Property = - NameStonewall School -House 3165 Martinsburg Pike Clearbrook, VA 22624 Property 7 44-((A))-82 Name Pro erre Name Pro em Name Property 4 Name Property Name Property Y Name Property ._ 15 REZONING REQUEST PROFFER PROPERTY IDENTIFICATION NUMBER 33 -((A)) -164D JACK K. WAMPLER, SR., et als Pursuant to Section 15.1- 491.1 Et Seq., of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia shall approve rezoning application #DJ5—q9 for the rezoning of approximately 9.30 acres from the Rural Areas (RA) Zoning District to the Industrial Transition (B3) Zoning District, and the rezoning of approximately 10.7 acres from the Rural Areas (RA) Zoning District to the Business General (132) Zoning district, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with said code and zoning ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successors, heirs, or assigns. The subject property is more particularly described as all of the land conveyed to Jack K. Wampler, Sr. and Polly I Wampler, and Jack K. Wampler, Jr. and Peggy Wampler by deed from Kimberly Dick Richardson and John Franklin Richardson dated August 12, 1988 of record in the Frederick County Court Clerk's Office in Deed Book 690 at Page 228. The subject property is further described by survey, attached to said deed, prepared by Thomas A Shockey and dated August 10, 1988 and is purported to contain 20.00 acres. The conditions proffered are as follows: AREA ZONED B-3 - 9.3 ACRES The following proffers shall only pertain to that portion of the property zoned "B-3". mute There shall be a 50' inactive buffer along the adjoining boundary with parcel no. 44-((A))-82, the property known as Stonewall Elementary School. Said buffer shall be binding as long as a public school is operational on this parcel. 2. ALLOWED USES The following uses shall be permitted within the "B-3" zoning on the subject party: Mobile home dealers (SIC 52) Model home sales Accessory retailing Business signs Directional signs Building entrance signs 3. LANDSCAPING AND UNIT DISPLAY All mobile homes and model homes in the row nearest U.S. Route 11 shall face said road, and shall have grassed lawns with at least two shrubs or trees planted per home. 4. PROHIBITED USES 01/29/1994 05:13 15407229525 GREENWAY ENGINEERING _ PAGE 03 All other uses shall be pto&Uted on the pyon 4 the subject site zoned 011-3". The wowing profcrs shall apply to the entire 20.00 acre Yam& 5. IN tESMMESS Tile sided prMerty 5W11 have no nyome than thm cntraw es on U.S_ Aoube 11. These entrances will provide ague, uwmbnes, wi knmg and g1pahmUM as warranted ad requited by the Virginia Deparux c* of Tom• , 6. WNETARX OONTRXB MON TO OFFSET ZPACx OF DEVELOPU ENi' The under ad owners of the abo�rilted propaxty hmby VIAWIarity PrOffer that in the event the subject p tp l un. 33-((A))"164D, oontainitn8 a Y 20.00 ac'M is approved for MDmag from Rural Areas (RA) zm mg dtstnct W lndnsttW Transition (E-3) zoning district, the undersigned will pay to the 'Treasurer Of Frederick County, ViirBin at the time a b0d Ag permit is issued far said property, the sum of one thousand six humdral I*dy five dollars ($1,665.00) for lrze and nesm =vices, Tlbe eom&tamrm proffemd above sball be bis>Kli * upon the heirs, executm administrators, assigns and successors in ft iatema of the applicant and owner. in the event the Fmknck Camay Board of Supemsars grant this and acugg the camchUova, the pmffcred condylions shall apply to the land rezoned iia addition to other faVdfamew set forth m the Piedw& County Code• K, Watttph:r, sr. Pony 7. Warupler t lack K Wamplcr, r_ ca mostm filth of Virginia Cary ,of Frederick To Wit: itlstlu t was ,,wkdVd bdM me this 8th day of October 1998 by Jason B. Orndorff . Embossed Hereon Is MY N public Car+inomse& 01 Virginia vN[oiary Public seal Commission Expires February 29, 2000 1* Cion E*tom JASON 3. QRNDCRFF OGV PMU 9 MVI N aU n ry� ��/�L�1LZ%HD OIF L'N NJL :10� 11�1u Wl PL E n1g o n .9 oR i4 000 nERMOM JAPPL DOL MOM ,rAu@uw 109 m Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 Greenway Engineering INTRODUCTION Wampler "pact Statement This report has been prepared for the purpose of assessing the impact on Frederick county by the proffered rezoning of a 20.00 acre parcel owned by Jack Wampler, Sr. The subject site, tax parcel 33 -((A)) -164D, is located on Martinsburg Pike (U.S. Route 11), is adjacent to Stonewall Elementary School, and is directly across from Clearbrook Park. The site is also bounded by the Winchester and Western Railroad. The current zoning is "RA". Mr. Wampler proposes to rezone 9.3 acres of the 20.00 acre site to "B-3" and the remaining 10.7 acres to "B-2". The proposed zone line is shown on the Concept Drawing in Appendix 3. SM SUITABILITY The subject property is strategically located on U.S. route 11, and is near an I -S 1 interchange. The site is also opposite of Clearbrook Park. Flood Plains The subject site is located on FEMA NFIP map # 510063-0110-B. The site is located within a "ZONE C" area. No portion of the subject site is in a 100 year flood plain. There are no streams on the site, although Clearbrook Run flows across two adjoining lots. Wetlands Both soil types on this property are well -drained. The site is gently sloping, and does not appear to have any areas of storm water retention. In addition, the National Wetlands Inventory Map does not reveal the existence of any identified wetland areas within this site. Mature Woodlands The subject site is an open field, with trees along two property lines. The subject site may be developed under the proposed zonings, & still easily meet the zoning ordnance requirement of no more than 25% disturbed trees. Soil Types Information for soil types on this site has been obtained from the Soil Survey of Frederick Coun , by the USDS Soil Conservation Service. The subject site is located on map sheet nos. 19 and 25, and contains two different soil types, Massanetta loam, and Oaklet silt loam. Each soil type covers approximately one half of the subject property. Greenway Engineering Prime Agricultural Soils Wamplcr ..apact Statement Both the Massanetta and Oaklet soil types are listed as "well-suited to cultivated crops, hay, and pasture." Steed Slopes - 15% and Greater There are no steep slopes on the subject property. The existing terrain on the site consists of gentle slopes, ranging from 0.5% to 7%. Construction Concerns The high shrink -swell potential of Oaklet silt loam will be a design consideration for building on this property, but is not considered to be a prohibitive factor. SURROUNDING PROPERTIES • The subject site is adjacent to Stonewall Elementary School, the adjoining boundary being 140' from the school building. Although the zoning ordinance requires no buffer, the proposed proffer includes a 50' inactive buffer along the adjoining sideline with Stonewall Elementary School. This leaves a total separation distance of 190' between the school and a building on the subject site. • The Winchester and Western Railroad bounds the rear of the property, with a 60' right-of- way. • The properties on the other side of the railroad are owned by Dr. Raymond Fish. There are several businesses on these parcels - a veterinarian's office, motorcycle dealership, mobile home sales office, and three miscellaneous retail stores. The mobile home sales office, being nearest, is 230' from the adjoining boundary with the subject site. • To the northeast is a single-family home. This home is 180' from the boundary with the subject site. • Clearbrook Park lies across Martinsburg Pike (U.S. Route 11) from the subject site. • Adjacent to Clearbrook Park, to the southeast, is a 165 acre undeveloped tract. • There is a home opposite the school, 110' from the site's southeast property comer. The distance to all buildings were paced, and are therefore appproximate. Greenway Engineering Wampler —apact Statement A 100' minimum buffer area will be required between "RA" and "B-3" zones, and a 50' minimum buffer is necessary between "RA" and "B-2" zones. Therefore, no residence on any adjoining property will be within 225' of a structure on the subject property. The distances to these homes, as well to all other surrounding buildings, should be sufficient to reduce to negligible levels the impact of any noise, light, or odors on neighboring lots generated by business on the subject site within the proposed zonings. BASIS FOR DETERMINING IMPACT RIM The traffic impact for the "B-2" zoned area is based on a concept drawing (see Appendix 3) and an independent traffic study. All other impacts for the proposed "B-2" zoning have been calculated using the maximum possible density, which is 228,600 square feet of retail space. The proposed "B-3" zoning includes a proffer that limits use to mobile home and model home sales. All impacts were evaluated based on this use. TRAFFIC ANALYSIS V.D.O.T. has classified Martinsburg Pike (U.S. Route 11) a major collector. Route 672 is a minor collector, and I-81 is listed as a major arterial. VDOT Office Services Specialist, Vega Ziemer (Edinburg office), supplied data from the latest traffic studies on affected roads: EXISTING TRAFFIC COUNTS Road Date of SgLdy ADT (vehicles/da U.S. Route 11, between 672 and 761 1996 7,300 Route 672, between 665 and Route 11 1995 3,015 I-81 36,000 "RA" Zoning - Existing The existing "RA" zoning for the 20.00 acre site will allow for a maximum density of four single-family detached dwellings. "B-2" Zoning The traffic impact resulting from the proposed "B-2" zoning is based on the enclosed concept drawing (Appendix 3). Greenway Engineering "B-3" Zoning Wampler .wpact Statement Traffic counts to Mr. Wampler's existing sales office on U.S. Route 11 were used as a beginning point in determining the traffic impact of the proposed "B-3" zoning. The following is a break- down of predicted traffic generation: 10 employees at 4 adt/person = 40 20 visitors at 2 adt/car = 40 20 business-related trips = 40 Total traffic generation = 120 adt Trip data for the "RA" and "B-2" uses were taken from the ITE Trip Generation Manual, 6th Edition. PEAK HOUR TRIPS AM PM Use Densitv Entering Exiting Entering Exitin ADT (vehicles/dav) Existing S/F detached home 4 units 1 3 3 2 40 B-3 Mobile home sales 3 salespersons --- -- --- --- 120 B-2 Warehouse 40,000 sf 14 10 2 23 200 Office 20,000 sf 28 4 5 25 220 Retail 35,000 sf 108 117 99 75 1,425 Convenience store/ 4,000 sf 64 64 82 82 1,955 gas station 12 fueling 3,800 stations The development of the proffered site could therefore generate 3,920 adt. It is expected that 80% of the increased traffic will travel to the I-81 interchange, less than one half mile away. This would translate into a 43% increase in traffic to this interchange, and a 11% increase in traffic on U.S. Route 11 south of the subject site. The traffic volume on Route 672 between Route 11 and the I-81 interchange could increase 104%, and traffic on 1-81 could increase by 9%. While these traffic increases are substantial, the property is located less than one half mile from the I-81 interchange. The amount of road impacted is therefore minimal. The number of entrances to the site has limited to three by proffer. All site plans must be submitted to the 4 Greenway Engineering Wampler "pact Statement Virginia Department of Transportation for review and approval. All road improvements necessary to accommodate these traffic impacts will be constructed as VDOT requires. WATER SUPPLY The maximum design consumption for the subject site may be calculated as follows: Water consumption for a shopping center - V = 250gpd* 1000 sf For a maximum buildout of 228,600 sf, this becomes - V = 250gpd x 228,600 sf 1000 sf = 57,150 gpd * From the City of Harrisonburg Design and Construction Manual It may be assumed that the mobile home sales office will use 250 gpd. Therefore, the maximum water usage for the subject site is 57,400 gpd. There is currently a 10" water main along Route 11, which services Stonewall School, and terminates near the boundary of the subject site. It is proposed that the subject site also be serviced by this water main. SEWAGE CONVEYANCE AND TREATMENT Drainfield The property currently has two septic system permits, one in each proposed zone area. Until sewer collection has been extended to the site, development of the two (2) individual parcels will be governed by the ultimate capacity of the permitted drainfields. The health department will establish these capacities. The drainfield design capacities shall be included with the site plan submittal. Public Sewer Based on water consumption at full build -out, the proposed zoning will add 57,400 gpd to a future sewage conveyance system. Greenway Engineering DRAINAGE Wampler —.pact Statement Currently, the runoff from approximately 19.4 acres of the 20.0 acre site drains toward Route 11. This runoff then crosses Route 11 through one of three existing culverts, and travels either northward to Clearbrook Run, or southward to an intermittent stream. The runoff from the remaining 0.6 acres on the site flows Northeast onto the adjoining property and into Clearbrook Run. The following calculations estimate the current and proposed storm water runoff for a ten-year flow: Existing Proposed C = 0.2 C = 0.8 Iio = 5.9 in/hr Iio = 5.9 in/hr A= 20.00 acres A = 20.00 acres Qio = 23.6 cfs Qio = 94.4 cfs Development of the subject site at maximum buildout will therefore result in an increased runoff of 70.8 cfs. A detailed stormwater evaluation shall be included with any site plan submittals. When development of the site requires it, a detention pond will be built which will manage the rate of storm water discharge into these referenced streams. By controlling stormwater flow off of the site in this way, the impact of developing the subject property on these two streams will be within acceptable limits. SOLID WASTE DISPOSAL Using Fairfax County design requirements, the following calculations were made to estimate the maximum impact of solid waste generated on the proffered site. LOIN waste generation rate - retail = 11,440 lbs 1000 sf/yr total solid waste = 228,600 sf x 11,440 lbs 1000 sf/yr = 2,615,000 lbs/yr compaction = 380 lbs/cy total volume = 2,615,000 lbs/yr 3801bs/cy = 6,880 cy/yr M Greenway Engineering M. Wampler "pact Statement waste generation rate - mobile home sales = 12 cy/wk* total solid waste = 624 cy/yr *Based on waste generation at Mr. Wampler's existing mobile home dealership. Therefore, the solid waste generated by the proffered site should not exceed 7,504 cubic yards annually. HISTORIC SITES AND STRUCTURES The L. O. Dick house, identified as a historic structure by the Rural Landmarks Survey Report for Frederick County, is on an adjoining parcel northeast of the subject site. The Dick house is also listed as being "potentially significant" by said survey. There are no potential historic districts nearby. COMMUNITY FACILITIES The impact on the utilities and infrastructure near the site has been estimated by the Frederick County Capital Facilities Impact Model. Please refer to Appendix 4. OTHER IMPACTS No additional impacts are forseen by the development of the subject property at the proffered density. lz A 6 1. 8 18* 05, ou- 7 4 U It ftm- 661 B son 66 71 , ring Qi \ 71 y0 Qr� Turkey eftelIzz, Spring I APPLE VIE ESTATES 4) ^,, AV T E I- AVELAND) F i 1 19 1 !a -,4 -w 14 - a 67 boa _!�Ah E! 'A T Hollowe 1 10Rir Meetinghouse �Vprifjg IRM Bliauk(j 1 ' ok 00 Jia 6 Clear F 5r k 4 Ballfieldi Coat Rentals Clubhouse fish' f t( . . . . . . . . . . I tallawal - -,,ES Playlilu" plilov, YCG - WEST IEW ES ''ES Yew--U04EIA40 tyw u A- itilarick Co VA welcu.., C11 WRI( Ml HTS p SPRING NIL j MHP wS Emmanuel Stephenson ,,.STEPHEIN SON 66 bbiQ L�ti E s 11 61 OLD 837 CHARLES nbG4 z o 20.000 AC - 1 Z N P c7Q a 4 ' A PRO V Ed 56WAS-E VIS OSA L fre • HSS NOT8EfN eVALUAV-D. o -56wA6-ED►spiXAL P6�tMl1* t -IAS ,I,M7' N DEQ vE� 7 tD. �u+Sl CL APYROM ��—c�m 3w 12 9 =Mime SCHOOL BOARD -_ APPENDIX 2 OTHIER LAND °CJ ' OF Cy DICY. oz c - N N = ..� - 1 � o O a � � un • '� � � 4'►o swi+rtd` d 3 : n�Rs A. MOCKI t aox 3u Att uuu a. N W*40=rat,rw22&Q _ W 3 0 a Ochs rasa of Dick (a act) by 3 appravvd Baalth Dayartamt z o 20.000 AC - 1 Z N P c7Q a 4 ' A PRO V Ed 56WAS-E VIS OSA L fre • HSS NOT8EfN eVALUAV-D. o -56wA6-ED►spiXAL P6�tMl1* t -IAS ,I,M7' N DEQ vE� 7 tD. �u+Sl CL APYROM ��—c�m 3w 12 9 =Mime SCHOOL BOARD -_ APPENDIX 2 ---•_'_..---.. .._.—._��_�.�..w...-'-- ��.---- G/L TRACKS a I m yL' 00 a Zi.',CtG u \ \ 'I o00o Iwm I a• or�oo • Q � 1 TRAILERS N e%�Mi.t '`t I REIT. zSoec GASB �iiA. kci2 D CLEARBROOK PARK U APPENDIX 3 DATE- 08/12/98 SCALE, V-120• DESIGNED 8T, NDS JOD Na 2232 SHEET 01 OF 01 OUTPUT MODULE Fire Department Rescue Department Elementary Schools Middle Schools High Schools Parks and Recreation TOTAL FIRE AND RESCUE ADDENDUM Capital St= Net Fiscal Impact Credit $8,011,521 New Capital Costs Not $2,183.71 Covered by County Contributions NOTES: Model Run Date 08/0$198 EAW P.I.N. 33-A-1640 Rezoning:aSsr a ,QG sa�Wt f:retas.n.20 acres zoned 63. Due to changing conditions associated with development In the County, the results of this Output Mcdule may not be valid beyond a period of 90 days from the model run date. APPENDIX 4 1 Credit for Taxes to Capital Net FIs 1mpa $1,467 $0 $535,395 $0 $31,825 so $568,687 $0 New Capital Costs Not $2,183.71 Covered by County Contributions NOTES: Model Run Date 08/0$198 EAW P.I.N. 33-A-1640 Rezoning:aSsr a ,QG sa�Wt f:retas.n.20 acres zoned 63. Due to changing conditions associated with development In the County, the results of this Output Mcdule may not be valid beyond a period of 90 days from the model run date. APPENDIX 4 1 ------------------------------------ OUTPUT MODULE Net Credit for Fiscal Taxes to Capital Impact Capital Net rostK Oji CQ= Impact , Fire Department $12 $147 50 Rescue Department $72 Elementary Schools SO Middle Schools So $21,007 $0 High Schools so Parks and Recreation $LZ S1-249 IQ TOTAL $84 $305,298 $22,403 s0 ------------------------------------------------------------------------------ FIRE AND RESCUE ADDENDUM New Capital Costs Not $196.43 Covered by County Contributions NOTES: Model Run Date 07/20/98 FAVI! P.I.N. 33 -A -184D Rezoning: Assumes 18,848 sq.fr. of office on 1 acre of 12.5 acres zoned 83. 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. APPENDIX 4 2 PC REVIEW DATE: 11/04/98 BOS REVIEW DATE: 12/09/98 REZONING APPLICATION #016-98 L CARSON CLINE ESTATE To rezone 4.70 acres from RP, Residential Performance District to B2, Business General District LOCATION: This property is located along the north boundary line of Fairfax Pike (Rt. 277) approximately 0. 11 miles west of Warrior Drive. MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER: 86-5-F PROPERTY ZONING & PRESENT USE: Zoned: RP (Residential Performance) District ADJOINING PROPERTY ZONING & PRESENT USE: North: Zoned RP (Residential Performance) District South: Zoned B2 (Business General) District East: Zoned RP (Residential Performance) District West: Zoned RP (Residential Performance) District PROPOSED USE: Commercial REVIEW EVALUATIONS: Land Use: Residential Use: Residential Use: Vacant Use: Residential Use: Residential Virginia Dept. of Transportation: See attached letter from Barry Sweitzer, Transportation Roadway Engineer, dated 8-26-98. Fire Marshal: Plan approval recommended. No additional comments. I Carson Cline, REZ #016-98 Page 2 October 26, 1998 County Engineer: (1) The proposed stormwater management plan appears adequate for future site development. However, we recommend that the predevelopment "C" be decreased to 0.35. (2) Provide drainage easements where required to accommodate off-site storm runoff. County Attorney: Proffers appear to be substantially proper. Health Department: No comment. Historic Resources Advisory Board: This property, identified as P.I.N. 86-5-F, does not contain, nor is within the proximity of properties containing potentially significant historic resources. Planning & Zoning: 1) Site History The original Frederick County Zoning Map (U.S. G. S. Stephens City Quadrangle) demonstrates that this tract was zoned R-1, Residential Limited District. This zoning classification was changed to RP (Residential Performance) District on September 28, 1983, when the RP District replaced the R-1, R-2, R-3 and R-6 Zoning Districts. 2) Location The 4.7 -acre site is located within the county's Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). This site is located on the north side of Fairfax Pike (Route 277) and has 220' of road frontage. The adjoining properties are primarily used for residential purposes with the exception of the Fruit Limited Partnership tract, which is zoned for commercial use and currently vacant. 3) Site Suitability The site does not contain environmental features, nor does it contain or is within the proximity of significant historic resources. The Soil Survey for Frederick County, Virginia identifies the entire site containing prime agricultural soils. 4) Potential Impacts a) Transportation - A transportation impact analysis has been prepared by the applicant which provides average daily traffic count and turning movement information. This analysis suggests that the development of the site will produce between 1,720 and 4,310 new vehicle trips per day which is an increase of 17% to 42% of the current traffic volume on Fairfax Pike. The applicant has estimated that the majority of the J. Carson Cline, REZ #016-98 Page 3 October 26, 1998 traffic will travel to and from the west between the Interstate 81 Exit 307 and other collector road systems on the Fairfax Pike corridor. The Winchester Area Transportation Study (WATS) calls for the widening of Fairfax Pike to a four -lane urban divided road section with sidewalks. The Primary Road Improvement Plan has listed Fairfax Pike as the County's second highest priority behind the Route 37 eastern by-pass. b) Adjoining Properties - All adjoining properties on the north side of Fairfax Pike are currently zoned for residential use and contain single-family dwelling units. The development of commercial uses on the 4.7 -acre site will have an impact on these properties through an increase in traffic, hours of operation for various businesses, building and parking lot lighting and sign size and height. C) Community Facilities and Services - The Frederick County Capital Facilities Impact Model was applied to the rezoning proposal assuming a worst case development scenario of 100,400 square feet of retail space. The results of this model run demonstrate a negative fiscal impact to Fire and Rescue services for capital facilities costs. 5) Proffer Statement The applicant has submitted a proffer statement that has been signed, notarized and reviewed by the County Attorney_ The applicant has proffered to eliminate two allowed uses, to limit the number of commercial entrances on the site and to provide a monetary contribution to the County for impacts to Fire and Rescue services. STAFF CONCLUSIONS FOR 11/04/98 PLANNING COMMISSION MEETING: The 4.7 -acre site is located on a minor arterial road which contains a mixture of commercial and residential uses. The majority of the commercial uses are situated near the Interstate 81 interchange and adjacent to collector road intersections with Fairfax Pike. The Comprehensive Policy Plan does not contain a land use plan for the Fairfax Pike corridor; therefore, it is difficult to determine if the block of residential properties between Georgetown Court and Warrior Drive is envisioned to be developed as higher density residential, as permitted by the current zoning, or is an area of transition. The WATS and the Eastern Road Plan call for improvements to the Fairfax Pike corridor. VDOT has undertaken steps to conduct preliminary engineering of this corridor from Interstate 81 to White Oak Road (Route 636) which incorporates this tract. The applicant's impact analysis statement does not discuss this issue, and the proffer statement does not attempt to mitigate transportation issues other than limited commercial entrance development. It should be noted that the proffer to limit the number of commercial entrances on site to two is immaterial, as the County's entrance spacing J. Carson Cline, REZ #016-98 Page 4 October 26, 1998 requirements on Fairfax Pike would only permit one entrance into this property. The applicant has proffered a monetary contribution to Frederick County to mitigate the capital facility impacts to Fire and Rescue services. The amount proffered by the applicant is consistent with the results of the Capital Facilities Impact Model. Staff believes that the applicant could have utilized the proffer statement more effectively to mitigate the impacts to the transportation system and to adjoining properties that will occur if the 4.7 -acre tract is developed commercially. The applicant should be prepared to adequately address these issues during the decision-making process for this rezoning proposal. "�AAj�GllBBg�. v . c'Q�enairt�W�,4 COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION DAVID R. GEHR EDINBURG RESIDENCY COMMISSIONER 14031 OLD VALLEY PIKE P.O. BOX 278 EDINBURG, VA 22824-0278 August 26, 1998 Mr. Mark D. Smith, P.E., L.S. C/O Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 Dear Mark: JERRY A. COPP RESIDENT ENGINEER TELE (540) 984-5600 FAX (540) 984-5607 Ref: J. Carson Cline Est. Route 277 (Fairfax Pike) Frederick County We have no objection to the rezoning of this property. However, since a VDOT study ("WATS'� identifies a 110' proposed right-of-way on a Route 277 widening, a proffer should be added to dedicate an additional 25' across the front .of this property for public use. 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, 6t' Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization and off-site roadway improvements and drainage. Any work performed on the State's right-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. Should you have any questions, do not hestiate to give me a call at (540) 984-5631. BJS/rf Enclosure xc: Mr. Dave Heironimus Mr. Kris Tierney Sincere, i Barry J. Sweitzer Trans. Roadway Engineer For: Steven A. Melnikoff Transportation Engineer WE KEEP VIRGINIA MOVING REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Plannmgstaff , T. yM1 - yds � � �_ -�.•� �. ,,, ���o�'�r-- ..f," aji� Zoning Amendment Num � Dat ffec�itiecF - - _.:. -... - -u x }_, F.., c - r ,. Vit:- _ - ...�sr,�-i:..•*..r ._ ._ 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: Greenway Engineering Telephone: ( 540) 662-4185 Address: 151 Windy Hill Lane Winchester, VA 22602 2. Property Owner (if different than above) Name: Charles R. Bold. Executor Telephone: (54(1) 669-70 7 Address: 4319 Cedar Creek Grade Winchester, VA 22602 3. Contact person if other than above Name: Mark D. Smith, P.E. , L.S. Telephone: (540) 662-4185 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 X Verification of taxes paid X Proffer Statement - X S. The COe2f V3ainia 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: Charleso s ,Boyd* Susan Boyd* 011ie Boyd* Bridgewater Health Care Foundation, Inc.* Salem Church of the Brethren 6. A) Current Use of the Property: Residential B) Proposed Use of the Property: Commercial al 7. Adjoining Property: PARCEL ID NUMBER :. A :1 : OM .M USE Residential Residential Vacant Residential RPai dpnti al ZONING 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): *Heirs of the deceased. 12 Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density or intensity scenario for the proposed Zoning District as described on Page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number 86-((5))-F Districts Magisterial: Opequon High School: She_rando Fire Service: Stephens City VFC Middle School: Avlor Rescue Service: Stephens City VFC Elementary School: Bass -Hoover 10. Zonin; Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Re nested 4.7 - L4. 70 Total acreage to be rezoned 11. The following information should be provided according to the type of rezoning proposed Single Family homes: Non -Residential Lots: Office: Retail: Restaurant: REGIUM0 1909TWor,• Townhome: Mobile Home: Square Footage of Proposed Uses 13 Multi -Family: Hotel Rooms: 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): Date: '�-. rTI Date: Owner(s): Date: Date: 14 Adjoining Property Owners Rezoning Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name and Property Identification Number Address Va1e Shiflett John B. & Clara E 637 Fairfax Pike Stephens City, VA 22655 Property', 86-((5))-G N,^ne Shiflett Donald R. 597 Fairfax Pike Stephens City, VA 22655 Prooem= 86-((5))-H Name Fruit Limited Partnership 8341A Greensboro Drive McClean, VA 22102 Prooem" 86-((A))-80 Name Karen B. P.O. Box 807 Stephens City, VA 22655 Prooerry= 86-((3))-2-4 & 5 Name Prooern Name Property 1 Name Prooerry Mame Prooem 1 Name Prooem Name Prooertc 15 ,� z JOHN W. HENRY, ET UX —i o N ZONE: RP Z USE: RESIDENTIAL I ss` NN 9 d e l W.•—. DONALD R SHIFLEtT, ET UX 18 ZONE: RP USE: RESIDENTIAL s " DONALD R. SHIFLETT, ET UX ZONE: RP USE: RESIDENTIAL ..«««... JE.J.P. CORPORATION ZONE: B-2 USE: VACANT APPENDIX 3 OPFT I— N21'09'E - 869 00' .. . 25' INACTIVE CATEGORY "B" BUFFER REQUIRED 6 — _...... 25' ACTIVE_......._...................._....9.... — — — — — __ — _ 50' BUFFER WITH FULL SCREEN Q z z z d v NAL 8 �I --�..---- LLl �- �� wa �q � Z PARCEL F TAX LOT �o J ut,n �� o, (1� 3 �I 86-((5))-F Z u I 4.10 ACRES z O rr. CQ �3U.QSA m _ �n 50' BUFFER WITH FULL SCRE-ENINC ...... . .. — ...... ..25'ACTIVE — OUl u 37 25' INACTIVE CATEC,ORY "B" BUFFER REQUIRED 0 U S23'00'W - ssRr,�,�l JE.J.P. CORPORATION ZONE: B-2 USE: VACANT APPENDIX 3 OPFT REZONING REQUEST PROFFER PROPERTY IDENTIFICATION NUMBER 86-((5))-F J. CARSON CLINE ESTATE Pursuant to Section 15.1 - 49 1. 1 Et Seq., of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia shall approve rezoning application for the rezoning of approximately 4.70 acres from the Residential Performance (RP) zoning district to the Business General (B2) zoning district, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with said code and zoning ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successors, heirs, or assigns. The subject property is more particularly described as all of the land conveyed to J. Carson Cline by deed from Ralph L. Ritenour and Shirley Ritenour dated December 24, 1954 of record in the Frederick County Court Clerk's Office in Deed Book 234 at Page 503, and more particularly described by a survey by Lee A. Ebert recorded in Deed Book 482 at page 798 and dated August 26, 1977. The conditions proffered are as follows: 1. PROHIBITED USES The following uses shall not be permitted on the subject property: Use SIC Commercial batting cages operated outdoors - Golf driving ranges and miniature golf courses 7999 2. INGRESSIEGRESS AND RIGHT-OF-WAY DEDICATION The subject property shall have no more than two entrances on Virginia Route 277. Right-of-way on Virginia Route 277 requested by the Virginia Department of Transportation shall be dedicated to said department during the site plan approval process. Signage, turn lanes, and signalization shall be installed as warranted and required by the Virginia Department of Transportation. 3. MONETARY CONTRIBUTION TO OFFSET IMPACT OF DEVELOPMENT The undersigned owners of the above-described property hereby voluntarily proffer that in the event the subject property, parcel no. 86-((5))-F, containing approximately 4.70 acres, is approved for rezoning from Residential Performance (RP) zoning district to Business General (B2) zoning district, the undersigned will pay to the Treasurer of Frederick County, Virginia, at the time a building permit is issued for said property, the sum of eight hundred sixty-two dollars and thirty-seven cents ($862.37) for fire and rescue services. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grant this rezoning and accept the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By: (:24 ' J Charles R- Boyd, Executor Commonwealth of Virginia �j Gey/County of 2 A {- To Wit: The foregoing instrument was acknowledged before me this day o 1998 by rotary Public My Commission Expires( 1MgM%vR OCP d o OLalMOH @LOIM R mm �BU lJ 09 � r`'Jw Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 Greenway Engineering INTRODUCTION Cline Impact Statement This report has been prepared for the purpose of assessing the impact on Frederick County by the proffered rezoning of the property located at 623 Fairfax Pike, a 4.70 acre parcel, tax map no. 86-((5))-F. Said property is approximately 275' west of Warrior Drive. The current zoning is "RP", and the proposed zoning is "B-2". SITE SUITABILITY Flood Plains The subject site is located on FEMA NFIP MAP # 510063-0200-B. The site is located within a "ZONE C" area. No portion of the site is in a 100 year flood plain. Wetlands The National Wetlands Inventory Map shows a man-made pond on the subject property. This pond has since been drained. There is a ditch that runs along the neighboring property, and empties into this pond area. Mature Woodlands There are no mature woodlands on the subject site. Soil Type Information for soil types on this site has been obtained from the Soil Survey of Frederick Coun , by the USDS Soil Conservation Service. The subject site is located on map sheet no. 47, and contains two different soil types. Blairton Silt Loam covers the southern end of the property, while Zoar Silt Loam lies on the northern end. Prime A cultural Soils The Blairton and Zoar soil types are listed as "moderately well suited" or "well suited" to cultivated crops if drainage is installed. Both soil types are well suited to hay and pasture. Steep Slopes The only steep slope on the property is on what is left of the pond dam. The natural terrain on the site consists of gentle slopes, ranging from 2-7%. Greenway Engineering Construction Concerns Cline Impact Statement Both the Blairton and Zoar soil types have seasonal high water tables, ranging from 1/2' to 2 1/2' from the surface through the winter months. This can affect soil strength, and there is a potential of frost -action. SURROUNDING PROPERTIES • To the east of the subject site is an "RP" -zoned lot. The house on this property is 80' from the adjoining boundary with the subject site. • The "Village at Sherando" subdivision, zoned "RP", abuts the rear of the site. The houses on the two adjoining lots are 25' from the boundary with the subject site. • There is a single-family dwelling on the adjacent property west of the subject site. This house is 60' from the adjoining boundary with the subject site. • Across Fairfax Pike and opposite the site is a vacant twenty acre parcel. This property is zoned "B-2". Under the proposed zoning, a 50' minimum buffer will be required between adjoining properties zoned "RP", and any primary structure on the site. Taking this into account, all residences on neighboring lots will be more than 75' from a primary structure on the subject property. BASIS FOR DETERMINING IMPACT All impacts for the proposed "B-2" zoning have been calculated using the maximum possible development density, which is 100,400 square feet of retail space. TRAFFIC ANALYSIS V.D.O_T. has classified Fairfax Pike (Route 277) as a minor arterial. V.D.O.T. representative Barry Sweitzer, supplied data from the latest traffic study on this road: EXISTING TRAFFIC COUNTS Road Date of Study ADT vehicles/da Route 277, between I-81 and Route 636 1995 9,200 2 Greenway Engineering Cline Impact Statement The existing "RP" zoning for the 4.7 acre site will allow for a maximum density of 47 dwelling units. Under the proposed zoning, the maximum traffic impact from the site is the equivalent of that generated by 100,400 sf of retail space. The following table is based on trip data taken from the ITE Trip Generation Manual, 6th Edition: PEAK HOUR TRIPS - AM PM Entering E_ _xitin Entente Exiting Use Density ADT (veh./day) Residential 47 units 4 17 17 9 276 Condo/Townhouse Shopping Center 100,400 sf 63 41 181 196 4,310 The development of the rezoned site at the maximum density could therefore generate 4,310 trips per day. It is expected that 90% of the increased traffic will travel the western portion of Route 277, towards the intersection with I-81. This would translate into a 42 % increase in traffic west of the site, and a 5% increase in traffic east of the site. The Cline property has only 220' of frontage on Route 277, but has an 885' side line (see Appendix 3). To presume that the property will be fully utilized is, in our opinion, unrealistic. A more feasible assessment of the site's capacity would be 40,000 sf of retail space. This would result in a total increase of 1,720 adt, a 17% increase westbound, and a 2% increase eastbound. WATER SUPPLY The following calculations assess the potential impact of the proposed rezoning on the local water system: V = 250 gpd* x 100,400 sf 1000 sf = 25,100 gpd * Design rate for shopping centers, based on ultimate floor space. Source: The City of Harrisonburg Design and Construction Manual. Therefore, the maximum design consumption for the proffered site is 25,100 gpd. An 8" water main is currently in place along Route 277. John Whitacre of the FCSA was consulted regarding the use of this water main. On July 21, 1998, Mr. Whitacre confirmed that this main had adequate capacity. Greenway Engineering Cline Impact Statement SEWAGE CONVEYANCE AND TREATMENT Based on water consumption at full build -out, the proposed proffered zoning will add 25,100 gpd to the sewage conveyance system. There is a 12" sanitary sewer main along Route 277 which ends approximately 170' h -nm rhe site. nn T»iy _L 1 1998, Mr. Whitacre of the FCSA confirmed that this sanitary main will adequately handle this increased capacity. DRAINAGE Currently, the runoff from this site drains into a ditch near the northeastern corner of the property. This storm water then flows into Wright's Run. The following calculations estimate the current and proposed storm water runoff for a ten-year flow: Existin C = 0.4 Iio = 6.4 in/hr A = 4.7 acres Qio=12.0 cfs Proposed C = 0.8 Iio = 6.4 in/hr A = 4.7 acres Qio = 24.0 cfs Development of the subject site at maximum buildout will therefore result in an increased runoff of 12.0 cfs. Storm water management is required for all major development within Frederick County. When development of the site requires it, a detention pond will be built which will manage the rate of storm water discharge into this drainage way. By controlling stormwater flow off of the site in this way, the impact of developing the subject property on this stream will be within acceptable limits. SOLID WASTE DISPOSAL Using Fairfax County design requirements, the following calculations were made to estimate the maximum impact of solid waste generated on the subject site. waste generation rate= 11,440 lbs 1000 sf/yr total solid waste = 100,400 sf x 11,440 lbs 1000 sf/yr = 1,148,600 lbs/yr compaction = 4001bs/cy total volume = 1 148,600 lbs/yr 4001bs/cy = 2,870 cy/yr Greenway Engineering Cline Impact Statement Therefore, the solid waste generated by the proffered site will not exceed 2,870 cubic yards annually. HISTORIC SI'Z'ES AND STRUCTURES The Cline -Ritter -Snyder house, identified as a historic structure by the Rural Landmarks Survey Report for Frederick County, is approximately 300' east of the subject site. There are no homes nearby that are listed by said survey as being potentially eligible for the state and national register of historic places. There is a potential historic district 1.25 miles east of the site, in Stephens City. COMMUNITY FACILITIES The impact on the utilities and infrastructure near the site has been estimated by the Frederick County Capital Facilities Impact Model. Please refer to Appendix 4. OTHER IMPACTS No additional impacts are forseen by the development of the subject property at the proffered density. E F G t1 i { 116 fil— 71 2.080.000 FT 78'12'30" 2,090,000 FT Joins Mat � Shena� 618 (f4y �--- W - S EPHE S � - CITY i 1.1114 p �iY� � � v ; i[TOU / 9 C► 3 y� d K. y4- °4fR ICS`' /NE ril Y ST ai s'r� rr c? $ o p s°y r VDOT Q Area Hd ; C of Et O� 11NW000 J jt. c s Jameswo 3 7�' wo slot " a F4pow�ShOF IF 4� O tephens City Cla A Mennonite , 8109 Ifl O P N� c+r .7 t3 RI GE RIDGEFI s vl s ° 641 b -off C Al E 00, 35� 4 E F G t1 i { 116 fil— 71 2.080.000 FT 78'12'30" 2,090,000 FT Joins Mat q w 5OOK 798 r � W N RVry BOUHOARY L.14'EA i N HE 3C• dT APPROVED: z J N CD A I O Q� ? •4ot ' Oq � w IN N 2 3 2 _ z yJ`\0 I a [ �rh..C�t / 2 3 8 �. �B 2 0 rROSNID �2•1e89.69 0 220�p♦ C2 sw, 00, !. 303 ` SOs F.4' e0; 00 r-_ 9.311 OER 'SO,e`P /SQ ave Q�•0, ~� 8 00 ct 7 S• 1S7a• E SO �'I N2gD.8.432 �p 3gC 0• CLIME 0.8, 195 — P• 309 0.8. 234 — P. 503 _ 385.00 :. J n N J O � 0 0 0 0+ 0. J en IA n N � l c I Z e � N t7 111 AGr-� X00 rn f r4a O Q m -`z W SHI rLET T 0.8. 233 — P 309 D 8.224 R 438 (� D 8. 224 P S2 7 Ro$ERT �. S 2 f W — 893.50' ;., SNYDER Q8. 190 - P 379 THE ABOVE PIAT IS 11 IOT3RE-SUWRY OF TH8 ,�TAYLOR raTTEit . ORIC11VAL KAT, DATED - FED. tOF T RECORD I:�' HF 9, 194G, IS A pfATTEIs OFFICE OF TIM CLERIC OF THE CIRCUIT COURT OF FREDEILICIC COUNTY IN DEED BOOK 195 42, TIM SAID LOTS FRONT TILE NORTILER��� N HICf{WAY - IAY N OF ROVP1 277, Ilr' OEQL>On' DISTRICT; LINEE VIRGINL1. F:tEDERICK COUt,Ty� survQYed =. 25 August 1977 • J jvauwLq nKccncx axwr,. scT, 4 rq ped W b nr a 1M tw 1 » rec*ft rna wiU► av1lfkaU at �Y h ' flnM! pMA/� 4.2.y� CMN �'titif+ 1 1 a.nc APPENDIX 2 1 `ESt OUTPUT MODULE ^ Net Fiscal Capital Impact C= Credit Fire Department Rescue Department Elementary Schools Middle Schools High Schools Parks and Recreation TOTAL FIRE AND RE=SCUE ADDENDUM $79 $317 $0 $0 $0 TQ $395 $2,680,918 a a-+evo its ab tat Y. F11 Credit for ^ Taxesto Capital Net Costs lmtai;2 $491 $0 $179,179 $0 $10.851 $Q $190,321 $0 New Capital Costs Not $862,37 Covered by County Contributions NOTES: Modal Run Date 07/31/98 EAW P.I.N. 86-5-F Rezoning: Assumes 100,400 sq -ft. of retail on 4.7 acres zoned B2. 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 dabs rrom the model run date. APPENDIX 4 PC REVIEW DATE: 11/04/98 BOS REVIEW DATE: 12/09/98 REZONING APPLICATION #017-98 GORE SCHOOL To rezone 3.29 acres from RA (Rural Areas) to B2 (Business General) LOCATION: This property is located at 251 Gore Road (Rt. 751). MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 28-A-52 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) District Land Use: 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 PROPOSED USE: Self -Service Storage Facility REVIEW EVALUATIONS: Use: Residential; Vacant Use: Residential Use: Vacant Use: Residential; Vacant County Attorney: Proffers appear to be substantially in proper form. Would prefer an exact date on the increased storage facility portion of the proffer. Fire Marshal: Plan approval recommended. No additional comments. Gore School, REZ #017-98 Page 2 October 23, 1998 County Engineer: We have no comments at this time. A detailed review will be made at the time of the site plan submission. Stormwater management could be a consideration at that time if additional pavement is added. Health Department: As there are to be no employees and, therefore, no sewage generated, the Health Department has no objection to this proposed use. Planning & Zoning: 1) Site History The original Zoning Map for Frederick County (U. S. G. S. Gore Quadrangle) demonstrates that this site was zoned A-1 (Agricultural Limited) District. This zoning designated was reclassified to RA (Rural Areas) District on February 14, 1990 when the comprehensive revision to the Zoning Ordinance was adopted by the Board of Supervisors. 2) Location The 329 -acre site is located on the south side of Gore Road (Rt. 75 1) which is the site of the Gore Elementary School on old Route 50 West. This property is located outside of the County's Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA), and is located within the Gore Rural Community Center. The Comprehensive Policy Plan states that land use within the Gore Rural Community Center should include commercial and increased residential densities that are developed in character with the existing rural area. 3) Site Suitability The 3.29 -acre site does not contain environmental features or historic resource areas. An intermittent stream beginning on the north side of Northwestern Pike traverses the eastern boundary of this property which drains into Back Creek. 4) Potential Impacts a) Community Facilities and Services: Staff has applied the Capital Facilities Impact Model to this rezoning application assuming the worst case square footage development scenario for self-service storage facilities. The results of this impact model run demonstrate a negative impact to Fire and Rescue Services for capital facilities costs. b) AdjoiningProperties: The conversion ofthe Gore Elementary facility into self-service storage facilities, as well as the potential for the development of new self -storage Gore School, REZ #017-98 Page 3 October 23, 1998 facilities may have an impact on adjoining properties that are currently used for residential purposes. These impacts would involve increased traffic in and out of this site, security lighting, and hours of operation. 5) Proffer Statement The applicant has submitted a proffer statement that has been signed, notarized and reviewed by the County Attorney. The applicant has proffered to prohibit all permitted uses in the B2 District except for self-service storage facilities, to prohibit new entrance locations along Gore Road, and to maintain the existing Gore School playground as a neighborhood park until such a time that self-service storage facilities are developed in this area of the site. The applicant has also proffered a monetary contribution of $0.02 (two cents) per square foot of existing and future building area on this site_ STAFF CONCLUSIONS FOR 11/04/98 PLANNING COMMISSION MEETING: A land use plan has not been created for the Gore Rural Community Center; however, the Comprehensive Policy Plan recommends future commercial development in this area. The applicant has proffered out all potential uses permitted in the B-2 District except for self-service storage facilities; therefore, the perpetual effect of a favorable action would be a specific commercial use on this site which is not water and sewer dependent and has a reasonably low average daily traffic count. The monetary amount proffered by the applicant is 17% greater than the amount demonstrated by the Capital Facilities Impact Model results. The willingness to allow public access on this site for the use of a neighborhood park, which would be maintained by the applicant, provides a recreational opportunity for the community center in the short term, as a western county regional park has not been realized. The applicant should provide additional information regarding facility security lighting and hours of operation to ensure that all potential impacts are realized during the decision-making process for this application. O:WgendasUREZONE\COMMENTSIGORESCHOOL.REZ 77 yN JO 22 w E s 21 78 x 'S O 2 Dta 2 81 80 79 N Mc ald 54 82 � P 26 52B e s N 2� Morgan �o'r 14 2 pts. 94A 9 / O v✓1 `% �2 87 4�� Q 23 14C 17 � 2p n 51 J Dehart 17 � 1 4 24 18 16 32 51 A Whitacre, C.62 (� f 24A 63A;:�d;,•s•,,'i��,,... rt ry� '� Dillow 82 n fX �y zi ra I 125A 63D 124 ' { a tso • LRt btft; t � six S Rti 750 63 „) a >' � x) {)�(t`a Gore' m gam...` 69 ¢ 2 Dts. ? {„)({k e X{ ; j{ x{x)\ 6 {1�� x n A 71 Y 3 -ni 1$ )°`{ 99w ";. t �4 120 1Rt, 7 93A 99 Rezoning #017-98 '4r � ,06A Boa 9 98 t 00 , 09 tOt Gore School oh �. N— 106 1 `° 2 1A „a° s,03 PIN: 28—A-52 2P B �>r Pt 3 2ptL , 1 i Pea. 0e �4 107 0 103 2 Pts.1 08 6) i 9 109 7 8 117 123 1101 112 117A ' Produced by Frederick County Planning and Development, 10-20-98 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Hannnrig Staff. lT ' Zoning Amendment Number " - " , Bate, Received PC. Hearing Date L47—• - " BOSS Nearing. bate 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:!�✓.�3 r� ;�. Telephone.T V Address: 71 2. Property Owner (if different than above) Name: Address: 3. Contact person if other than above Name: Telephone: Telephone: 4. Checklist: Check the following items that have been included with this application. Location map Agency Comments Plat .;' , Fees Deed to property Impact Analysis Statement Verification of taxes paid . ! Proffer Statement 11 yy �,•'� J l �. 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: 6. A) Current Use of the Property: �� A B) Proposed Use of the Property: 7. Adjoining Property: PARCEL ID NUMBER USE -2 Y -A -- 5 ) ZONING WIM k i� 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): i/�it '_J �.. _✓ 1 12 Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density or intensity scenario for the proposed Zoning District as described on Page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number /41 -` Magisterial: Fire Service: Rescue Service: C: Districts High School: 5 Middle School: _': Elementary School: y r ter. 'off 14. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested l� =� F Total acreage to be rezoned 11. The following information should be provided according to the type of rezoning proposed Number pf 11nits Proposed Single Family homes: Townhome: Non -Residential Lots: Mobile Home: Office: Retail: Restaurant: Square Footage of Proposed Uses 13 Multi -Family: Hotel Rooms: Service Station: Manufacturing: Warehouse: Other: ,r 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):f'�-?'�� Owner(s): 14 Date: /-' Date: Date: Date: Adjoining Property Owners Rezoning Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name and Property Identification Number Address Name PC6 Property # Name Pl-- Property# Name Pro e # = - ;--{ - Name Property #`.�—� Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # 15 PROFFER STATEMENT A PROPOSED REZONING FOR PARCEL 1D - 28-A-52 FREDERICK COUNTY, VIRGINIA SEPTEMBER 24, 1998 PREPARED BY: MICHAEL BRET MORGAN 712 PENNSYLVANIA AVENUE WINCHESTER, VIRGINIA 22601 (540) 665-9884 PROFFER STATETvtENL T PARCEL 1D 28-A-52 INTRODUCTION The subject property consists of one parcel containing a total of approximately 3.29 acres. The property is located on 251 Gore Road, Route 751, (old Route 50). The property is zoned RA. The intended purpose for the rezoning is to allow self -storage in the currently vacant building. 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 #a7- q 9 for the rezoning of 3.29 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. t"' 1. Applicant proffers to restrict permitted use on this property to self -storage facilities only. 2. Applicant proffers to not construct any new entrances or exits to property off of Route 751- Applicant 51_Applicant proffers to maintain existing park for neighborhood use until such time as additional storage facilities might be needed. 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 $.02 (two cents) per square foot of the existing 12,000 square foot building for impacts to fire and rescue services. The sum will be paid when the change of zoning is approved by the Board of Supervisors. The owner will also pay $_02 (two cents) per square foot for any additional storage facilities built in the future. PROFFER STATEMENT PARCEL ID 23-A-52 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 grants 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. Submitted By: Michael Bret Morgan Date: STATE OF VIRGINIA., AT LARGE COUNTY OF FREDERICK, To -Wit: IL The foregoing instrument was acknowledged before me this I Q day of 44 1993 by Michael Bret Morgan. My commission expires on 'otary Public FIRE AND RESCUE ADDENDUM New Capital Costs Not $434.74 Covered by County Contributions NOTES: Model Run Date 08/19/98 EAW P.I.N. 28-A-52 Rezoning: Assumes 25,000 sq.ft. of warehouse on 3.29 acres zoned B2. r to changing conditions associated with development in the County, the results of this C. jut Module may not be valid beyond a period of 90 days from the model run date. OUTPUT MODULE Net Credit for ' Fiscal Taxes to Capital Impact Capital Net Costs Credit CQStS Im acct F 7epartment $166 $49 $320 Rt -sue Department $203 Elementary Schools $0 Middle Schools $0 $7,430 $0 Hinh qr-hnnl-- An Parks and Recreation $4 fA42 $Q TOTAL $369 $110,297 $7,920 $0 FIRE AND RESCUE ADDENDUM New Capital Costs Not $434.74 Covered by County Contributions NOTES: Model Run Date 08/19/98 EAW P.I.N. 28-A-52 Rezoning: Assumes 25,000 sq.ft. of warehouse on 3.29 acres zoned B2. r to changing conditions associated with development in the County, the results of this C. jut Module may not be valid beyond a period of 90 days from the model run date. RE: AND RESCUE ADDENDUM vew Capital Costs Not $1,222.08 ,overed by County `.ontributions MOTES: Model Run Date 08/19/98 EAW I.I.N. 28-A-52 Rezoning: Assumes 70,277 sq.ft. of warehouse on 3.29 acres zoned B2. )ue to changing conditions associated with development in the County, the results of this )utput Module may not be valid beyond a period of 90 days from the model run date. OUTPUT MODULE Net Credit for Fiscal Taxes to Capital Impact Capital Net Costs Credit sQ= lmpa Fre Department $468 $137 $900 Rescue Department $570 Elementary Schools $0 Middle Schools $0 $20,885 $0 High Schools $0 Parks and Recreation rQ $1.241 $Q TOTAL $1,038 $308,366 $22,264 $0 RE: AND RESCUE ADDENDUM vew Capital Costs Not $1,222.08 ,overed by County `.ontributions MOTES: Model Run Date 08/19/98 EAW I.I.N. 28-A-52 Rezoning: Assumes 70,277 sq.ft. of warehouse on 3.29 acres zoned B2. )ue to changing conditions associated with development in the County, the results of this )utput Module may not be valid beyond a period of 90 days from the model run date. alPACT ANALYSIS STATEMENT CORE SCHOOL REZ0_TiTNG t ry 'Sw A. Suitability of ti.e �itvP : 100 year flood plains: The FEMA Flood Insurance Map — Community Panel #510063- 0106-B indicates that the flood plain associated with Back Creek is located on the south side of the railroad tracks which is not on the 3.29 acre tract. The 329 acre tract does not contain areas of wetlands, steep slopes, mature woodlands, prime agricultural soils, or soil conditions, which would create construction difficulties or hazards_ B. Surrounding Properties: A copy of the plat for this property is attached. I own the land (3.534 acres) on the East Side of the property I'm asking to rezone. Winchester and Western Railroad owns the adjoining land on the South Side of my property with the railroad tracks adjacent to the back of my property line. Route 751 lies in front of my property on the North Side with one house facing my property. On the East Side of my property past the school and the driveway is one house facing the school. It is approximately 400 ft. from my driveway. There should be a very minimal impact on surrounding properties with just an occasional vehicle unloading or loading their storage items. The driveway circles around the school with plenty of room for parking and maneuvering. Hours of operation and lighting should have little or no impact. C. Traffic.- There raffic:There are already two entrances to this property and no more will be added or needed. This is part of my proffer statement. If every room was rented out and every person carne on the same day to retrieve something from storage, than there would be eleven vehicles stopping that day. This would be the maximum amount of traffic. Most days would be very minimal with just an occasional vehicle. I do not believe there are any peak vehicle trip hours associated with this use. D. Sewage Conveyance and Treatment: There is no public sewer system in the vicinity of this 3.29 acre tract. There are several drainfields; but they will not be used as part of this proposed operation. E. Water Supply: There is well water available on this propert,,; but it will not be used as part of this proposed operation. F. Drainage: There is a drainage area located along the eastern property line that drains into Back Creek; however, there will be no impact on this from my proposed operation. G. Solid Taste Disposal Facilities: There will be no dumpster areas or other refuge facilities proposed for this project; therefore, no impacts for solid waste disposal are anticipated. I3. Historic Sites and Structures: According to the Frederick County Rural Landmarks Survey, the Gore School and other structures in this area are not listed as structures of potential historic significance. I. Impact on Community Facilities: There should be very minimal impact. The only facilities that could be affected are the Sheriff's Department in case of a break-in and the Fire Department in case of fire. This property is less than a quarter of a mile from the Gore Fire Department. I have attached copies of the Frederick County Capital Facilities Impact Model to show the fiscal impact to fire and rescue services. J. Other Impacts: la= COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/678-0682 MEMORANDUM To: Frederick County Planning Commission From: Michael T. Ruddy, Planner It Subject: Bo's at Kernstown: Entrance Spacing Reduction Request - Revised Application Date: October 23, 1998 Revised request: Staff has received an updated site plan from the applicants showing the revisions to the entrance configuration as discussed during the October 21, 1998 Planning Commission meeting. The revised site plan increases the width of the central raised island, reduces the width of the southern entrance, and modifies the curb radius' on each side of the southern entrance. The proposed expansion to the entrance would still increase the level of the nonconformity of the entrance, reducing the entrance spacing to 43' from 55'. However, the width of the entrance has been reduced to approximately 56'. Planning Commission authority: Pursuant to Section 165-29B(1) of the Zoning Ordinance, the Planning Commission may allow other means of motor vehicle access which do not meet the above requirements. Such means may involve the use of entrances which physically limit or restrict left turns, methods which ensure one-way travel, or other methods. I have enclosed a copy of the site plan revisions for your review. Please contact me if you have any additional questions regarding this information. 107 North Kent Street * Winchester, Virginia 22601-5000 PC REVIEW: 10/07/98 BOS REVIEW: (Date not set) CONDITIONAL USE PERMIT #008-98 MEADE'S FAMILY DAY HOME Day Care Facility LOCATION: This property is located at 150 Twine Lane. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBERS: 26-A 34A PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) District; Land Use: Residential ADJOEgNG PROPERTY ZONING & USE: Zoned RA (Rural Areas) and B2 (Business General) Districts; Land Use: Residential and Commercial (Used Automobile Sales) PROPOSED USE: Day care facility REVIEW EVALUATIONS: Virginia Dept. of Transportation: No objection to conditional use permit for this property. Existing entrance is adequate for proposed use. However, should use ever expand in the future, the entrance may have to be upgraded to VDOT minimum commercial standards. Inspections Department: No comment required provided existing home is licensed as a family day home by the Virginia Department of Social Services. However, if this license is not obtained, a floor plan shall be submitted for a change of use building permit and a new certificate of occupancy shall be issued. Fire Marshal: Plans disapproved. The residence has no defined driveway; the closest road is approximately 150 feet from the dwelling. This would not allow adequate fire and rescue access. On the same parcel of property, there is the burned remains of another dwelling. This. would be hazardous to the children and should be secured or razed. Meade's Family Day Home CUP #008-98 Page 2 October 26, 1998 Health Department: See attached letter from John Daley, Environmental health Supervisor, dated 8-17-98. Planning and Zoning: Day care facilities are permitted in the RA (Rural Areas) Zoning District with an approved Conditional Use Permit. Currently, the property contains two residences that were both replaced in 1994 with new mobile home units. The applicant requests that one of these residences, located closest to Twine Lane, also be utilized as a day care facility. A day care facility is defined by the Zoning Ordinance as a facility in which more than five children, not including those children related to the people who maintain the facility, are received for care, protection, and guidance during only part of the twenty-four hour day. The surrounding properties consist primarily of residential uses; a used automobile sales business is located about 100 yards south of the property. Based on the surrounding uses, a day care facility is not inappropriate at this location. Located on the applicant's property, about 30 yards from the day care facility structure, are the remnants of a burnt -down dwelling. This burnt dwelling is not secured and may represent a safety hazard. Additionally, a children's swing -set is located adjacent to the burnt dwelling, possibly encouraging the children to approach this unsecured area. Removal, or enclosing this burnt dwelling, may alleviate the potential safety hazards. Staff believes that the establishment of this business would not have a negative impact upon the surrounding neighborhood.. STAFF RECOMMENDATION FOR 10-7-98 PLANNING COMIVIISSION MEETING: The property's location is appropriate for the proposed use. At issue is the safety of the children utilizing the proposed facility. In review ofthe agency comments, the Fire Marshal's Office has recommended that the CUP not be granted due to existing safety issues. If these safety issues are resolved, and the applicant secures the Fire Marshal's approval, staff would recommend that the request for a CUP to operate a day care facility be approved with the following conditions: Satisfy the licensing requirements of the Virginia Department of Social Services. 2. Comply with review agency comments at all times. 3. Expansion of the existing structure that is to be used for the proposed day care will require a new Conditional Use Permit. Meade's Family Day Home CUP 9008-98 Page 3 October 26, 1998 SUMMARY FROM 10-7-98 PLANNING COMMISSION MEETING: The Commission was concerned with the Fire Marshal's disapproval comments, and with the status of the child care license with the Virginia Department of Social Services, State Licensing Division. The applicant commented that access to the facility and the burnt dwelling should not be a safety concern; a video could be provided to the Commission illustrating the property's layout. The Commission tabled the application for 30 days; during that time the applicant was to: achieve resolution with the Fire Marshal, provide an update on the social services license, and produce a video of the property. ACTIONS SINCE 10-7-98 PLANNING COMMISSION MEETING: Staff has contacted the applicant, the Fire Marshal, and the State Licensing Division (Verona) to confirm efforts toward achieving compliance with the Commission's requests. In discussions with the applicant, it appears that neither the Fire Marshal nor the State Licensing Division have been contacted. The applicant has produced a video that illustrates the property's layout; this video will be available for viewing by the Commission. In discussions with the Fire Marshal, staff has been informed that the applicant has not contacted the Fire Marshal's office, nor made any obvious efforts to resolve its concerns. In discussions with the Licensing Department, it has been confirmed that an application for a `family day home' was made in July; Family Day Homes are limited to the caring for no more than 12 children. The Family Day Home License will not be issued to the applicant until a study of safety and health is conducted at the property. This study will not be scheduled until the County acts on the Conditional Use Permit application. Lori Fairfax Env ro en al Cat "Diem -at 107 N. Dent St. �4 gF7 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 August 17, 1998 Winona M. Clark 150 Twine Lane Gore, VA 2263 7 RE: Conditional Use Comments for proposed Meade Family Day Home; Health Dept. ID # 99028925. Dear Ms. Clark: The Health Department has no objection to your proposal subject to the following conditions: 1. The house to be used as the day care center is to have occupancy limited to the following: a. One full-time resident. b. Two teachers working a 12 -hour shift, one being the house occupant. c. Twelve students/children for 12 hours per day. 2. Food service is to be limited to snacks only. 3. The well on the property must meet all the requirements of the Lord Fairfax Health District's Small Waterworks Policy. If you have any questions about item # 1, please call me at (540) 722-3480. Questions concerning food service should be directed to Steve Lee and questions concerning the well requirements can be answered by John Lam, both of whom can be reached at the same number listed above. This letter replaces my letter to you dated 8/12/98 concerning the same subject. The changes were required due to your desire to be open for twelve hours per day instead of eight hours per day. Sincerely, John Dailey , f' Environmental Health Specialist cc: Steve Lee John Lam �r rF e f �m \ McClur 1 c 3 C p ,n ter O 7n 7 n 7n .7 C n 7n Shuster ope 7 cn a. S.n 95 3, , , .7 -7 _ �jt J J J 2 3a � ,rn 9t 33 J7 79 j6 0 IPE ,M) ' ,en t �a a c, ; n th5 7s -R CUP #008-98 275 -oi, Meade's Family Day Home 73 �4 SSS ,�T. I. PIN: 26—A-34A U1111. 114 11 R] Al 7 qn Rl �, �n Produced by Frederick County Planning and Developmer" 9-15-88 Submittal Deadline P/C Meeting BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (The applicant if the owner other) NAME: ADDRESS: /61) 'L� I h 2, A C �Q� —Z0 re- TELEPHONE($1Lq ) 9Sfl 2. Please list all owners, occupants, or parties in interest of the property: y- 3. The property is located at: (please give exact`''iYections' and include the route number of your road or street)`' 0 U, I 4. The property has a road frontage of —0— feet and a depth of feet and consists of - acres. (Please be exact) 5. The property is owned by �-J/ !< as evidenced by deed from recorded (previous owner) in deed book no. ''7 on page -7.5-7- , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. 14 -Digit Property Identification No. Magisterial District 0e.,ine5borc Current Zoning 2 7. Adjoining Property: USE ZONING North im East R14 k South QIQ West 9M S. The type of use proposed is (consult with the Planning Dept. before completing) '`. 1�,A< GAS '�-Ac4%,-rrt -- 9. It is proposed that the following buildings will be constructed: 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property where the requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this application: NAME �on � _l. , Q cnU_ ADDRESS n, . PROPERTY ID# 40 - A - 3oC, NAME �,c►-at,_U: yrV- 9-5 L. ►u retr'ADDRESS PROPERTY ID# Z P'4 - 14 aux& IQ a 1 �bo (� ��- r. t-- NAME , ea' �(. � ADDRESS . 6Y1 C�L' -� e4 U �v 4 as 10 PROPERTY ID# ZC0 - (a - NAME ADDRESS PROPERTY ID# NAME PROPERTY ID# ADDRESS NAME ADDRESS PROPERTY ID# II Mlyro PROPERTY ID# ADDRESS NAME ADDRESS PROPERTY ID# 11. Please use this page for your sketch of the property. Show proposed and/or existing structures on the property, including measurements to all property lines. 12 . Additional comments, if any: 5434- af.-Ad4u-jU r k.. i l +� 4. . Ir LU I *- LA-) k Y' C� I L� CU cc, -5d-r VIC45 I (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Signature of Applicant Signature of Owner Owners' Mailing Address Owners' Telephone No. TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: BK83 I PG 1 302 D.B. 697 - P. 595 PARCEL 2 . LOT B - D.B. 526 - P. 399 am � 10 �'�o• m W an t �' I N I ul �a O t I J �I 1 N I °p 1 i ...t ' 1 I M t D.B. 697 - P. 595 W h I PARCEL I _ � I 1 � I q I � I io I c4 i N Ar V. S 93.2j"` RpclT z. 10 t. MEN W O"NSE) Na 1498 PLAT OF PRIVATE ACCESS EASEMENT. - DANIEL R. 8 BEVERLY G. LARGENT GA/NESBORO DISTRICT FREDEE 41 X COUNTY. WR INIA 15 SEPTE36ER 1994