PC 10-21-98 Meeting AgendaAGENDA
FREDERICK COUNTY PLANNING COMMISSION
The Board Room
Frederick County Administration Building
Winchester, Virginia
OCTOBER 21, 1998
7:00 P.M. CALL TO ORDER TAB
1) Bi -Monthly Report .................................................. A
2) Committee Reports ................................................. (no tab)
3) Citizen Comments ................................................ .(no tab)
DISCUSSION ITEMS
4) Request for Exemption from the Subdivision Ordinance Requirement, submitted by
Mr. Lee Ebert on behalf of William C. Pulman, Jr. to gain an exemption to the 50 -foot
right-of-way width requirement of the Subdivision Ordinance [§144-31.C(3)]. The
property is identified with Property Identification Number 50-A-41, and is located in the
Back Creek Magisterial District.
(Mr. Lawrence) ............................................. B
5) Zoning District Buffer Waiver Request, submitted by Greenway Engineering on behalf
of Abundance Life Christian Church. The property is identified with Property
Identification Number 75-A-40, and is located in the Opequon Magisterial District.
(Mr. Lawrence) ............................................. C
6) Request for a Reduction in the Entrance Spacing Ordinance Requirement, Section
165-29B(1), 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) ............................................... D
7) Discussion on the Southern Frederick Land Use Study public information and
organization meetings.
(Mr. Wyatt) ................................................ E
8) Other
BIMONTHLY REPORT OF PENDING APPLICATIONS
(printed October 9, 1998)
nPPlicatiufi newly submiRome= I
tted.
I
REZONING:
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. & along 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 intersctn 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:
10/26/98
Thomas Grove (REZ #012-98)
Shawnee 6.008 ac. from RA to M1
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:
PC Review:
BOS Review:
08/06/98
09/02/98 - recommended approval
10/14/98
SUBDIVISIONS•
Kernstown Business Park
(SUB #017-98)
Back Creek
Subdivision of a 2.0000 ac. lot (B2);
remaining acreage is approx. 23 ac.
Location:
Lot 8, 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 J
Star Fort (SUB #016-98)
Stonewall
I Subdivision of a 2.0213 -ac. lot (B2)
Location:
Rt. 522 North at Lauck Drive
Submitted:
07/16/98
MDP #004-94
MDP Approved by BOS 09/14/94; MDP Admin Approved 04/10/95
Subd. Admin. Approved:
10/05/98
Autumn Glen, Sect. I
(SUB 015-98)
Opequon
21 lots - duplex & multiplex (52
1 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
MID P#00498(Tasker Rd Lnd Bays)
MDP approved by BOS 07/08/98; MDP Pending Admin. Approval
Subd. Admin. Approved:
Pending
Bimonthly Report
Printed October 9, 1998
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. Approved:
Pending
Mark & Rachelle Repine
(SUB #004-98) NO MDP I
Shawnee
Subdivision of 1.3719 ac. into 3 s.f. lots
(RP)
Location:
Heritage Hills Subd.; along the eastern portion of Idlewood Drive
Submitted:
01/26/98
PC Review:
02/18/98 - recommended approval
BOS Review:
03/11/98 -approved
Admin. Approved:
Pending
Chapel Hill Subdivision
(SUB #014-97)
Shawnee
34 S.F. Det. Urban Lots on 14.4214
acres (RP)
Location:
East side of Rt. 522, 0.15 mi. south of Longcroft Rd. (Rt. 785)
Submitted:
10/30/97
MDP #006-96:
Approved by BOS 08/14/96; Admin. Approved on 09/17196
Subd. Admin. Approved:
Pending
IIStar Fort, Sect. H (SUB #010-97)
Stonewall
Subdivision of 11.6182 ac. for 26 s.f.
detached traditional lots
Location: Lti
U.S. Rt. 522 and VA Rt. 832
Submitted:
09/16/97
MDP #004-94
Approved by BOS 09/14/94; Admin. Approved 04/10/95
Subd. Admin. Approved:
Penduig
Bimonthly Report
Printed October 8, 1998
Lenoir City Co. Lot 2; Stonewall
Indust. Pk. (SUB #007-97)
Gainesboro
Subdivision of a 2.6584 ac. lot (MI)
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
Winc-Fred Co. IDC (SUB)
Back Creek
1 2 MI Lots (0.552 acres & 20.285 acres)
Location:
Southeast side of Development Lane
Submitted:
09/08/95
MDP #003-87:
Approved by BOS 07/08/87; Admin. Approved 06/08/88
,[–Pending Admin. Approval
Awaiting signed plats.
RT&T Partnership (SUB)
Back Creek —F
Lot - 29.6 Acres (B2)
Location:
Valley Pike (Rt. 11 So.)
Submitted:
05/17/95
MDP #003-91
Approved by BOS 07/10/91; Admin. Approved 09/03/91
=min. Approval:
Awaiting submission of signed plat & deed of dedication
Bimonthly Report
Printed October 8, 1998
Abrams Point, Phase I (SUB)
Shawnee
230 SF Cluster & Urban Lots (RP)
Location:
South side of Rt. 659
Submitted:
05/02/90
PC Review:
06/06/90 - recommended approval
BOS Review:
06/13/90 -approved
Pending Admin. Approval:
Awaiting deed of dedication, letter of credit, and signed plat
Harry Stimpson (SUB)
Opeguon
Two B2 Lots
Location:
Town Run Lane
Submitted:
09/23/94
PC Review:
10/19/94 - recommended approval
BOS Review:
10/26/94 -approved
Pending Admin. Approval:
Awaiting signed plat.
SITE PLANS:
Bimonthly Report
Printed October 8, 1998
McDonald Chevron (SP #058-98)
Gainesboro
400 s.f. canopy over gas pumps (RA)
Location:
Bloomery Pike (Rt. 127)
Submitted:
08/28/98
Approved:
09/24/98
Kim Henry Property - Mini
Warehouse (SP #057-98)
Stonewall
7,504 s.f. warehouse; 4 ac. developed
of a 7.74 ac. site (B3)
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
1 2.93+ ac. parcel (B2)
Location:
Warrior Drive, just north of its intersection with Rt. 277
Submitted:
08/19/98
Approved:
Pending
Bimonthly Report
Printed October 8, 1998
Denny Derflinger's Warehouse
(SP #053-98)
Stonewall
Warehouse on 2.0707 ac. parcel (Ml)
Location:
Baker Lane Industrial Park; Imboden Drive
Submitted:
08/11/98
11 Approved:
110/02/98 I
Bo's at Kernstown/ Emmart Oil
Co. (SP #052-98)
Back Creek
convenience store/gasoline sales; 0.846
ac. parcel to be developed (B2)
Location:
Valley Avenue (Rt. 11), South of Winchester
Submitted:
07/24/98
Approved:
Pending
Blue Ridge Landscape
(SP #051-98) 1
Stonewall District
General Offices - Landscape Business;
11.22 ac. site to be developed (Ml)
Location: --71
Imboden Drive
Submitted:
07/21/98
A roved•
L07/27/98
/07/98
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;
3.053 ac. site (RA)
Location:
5118 Northwestern Pike, Gore
Submitted:
07/20/98
Approved:
Pending
Bimonthly Report
Printed October 8, 1998
Abundant Life Church
(SP #046-98)
Opequon
Addition to Existing Church - 2 ac.
1 developed on 17.4 ac. site (81)
Location:
700 Aylor Rd; East of I-81 on Rt. 647, beside Fredericktowne Subd.
Submitted:
06/29/98
Approved: --][Pending
Pending
T.P. & Susan Goodman
(SP #044-98)
Stonewall
Hackwood/ Minor Site Plan (RA)
Location:
534 Redbud Road
Submitted:
06/10/98
Approved:
Pending
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
Approved:
Pending
Zeigler Mechanical (SP #036-98)
Stonewall
22,870 sf mfg./office bldg;
6.809 ac. site (Ml)
Location:
NE corner of Rt. 11/ Rt. 668 intersection
Submitted:
06/10/98
Approved:
09/21/98
Frederick Plaza (SP #030-98)
Gainesboro
One-story bldg. w/ 7,000 sf retail &
2,000 sf drive-thr bank; 1.3 ac. (B2)
Location:
263 Sunnyside Plaza Circle
Submitted:
04/21/98
A roved•
Pending
Bimonthly Report
Printed October 8, 1998
7/11 Conven. Store w/ Gas Sales -
Southland Corp. (SP #029-98)
Back Creek
2,808 sf conven. store w/ gas sales; 1.22
ac. to be developed (RA)
Location:
Intersection of Rt. 50 and Ward Avenue
Submitted:
04/24/98
Approved:
10/02/98
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
Autumn Wind Apts. (SP #010-98)
inesboro
F
Garden apartments on 7.3 ac. of a
19.06 ac. tract (RP/B2)
Location:
Rt. 522N., 0.8 + mi. southeast of Rt. 37, behind Adelphia Cable Co.
Submitted:
02/02/98
Approved:
09/24/98
Southeast Container (SP #001-98)
Location:
Submitted:
Stonewall District
Parking Lot; 0.2 ac. Disturbed on a
89.6 ac. Site (Ml)
Ft. Collier Industrial Park
01/06/98
Pending
EMobil-Wendy's Rt. 50W Conven.
Center (SP #026-97)
Back Creek
Gas-Conven. Cntr.; 3,783 sq ft floor
area; 1.072 ac. site disturbed (RA)
Location:
Rt. 50 West
Submitted:
01/23/97
Approved:
Withdrawn on 10/01/98
Bimonthly Report
Printed October 8, 1998
Agape Christian Fellowship
Church Sanctus (SP #005-97)
Shawnee
Church Expansion; 2.5 ac. to be
developed of a 29.5115 ac. site (RA)
Location:
East side of Rt. 642; approx. 2,500' so. of the Rt. 37/I-81 Interchg.
Submitted:
02/12/97
Approved:
Pending
Shenandoah Bldg. Supply
(SP #056-96)
Gainesboro
Warehouse on 5 acres (M1)
Location:
195 Lenoir Drive (Stonewall Industrial Park)
Submitted:
12/16/96
Approved:
Pending
Stimpson/Rt. 277 Oil & Lube
Service (SP #030-96)
Opequon
Oil & Lube Serv., Car Wash, Drive -
Thru on 2.97 ac. (B2)
Location:
152 Fairfax Pk. (behind Red Apple Cotuitry Store)
Submitted:
07/03/96
Approved:
Pending
AMOCO/House of Gifts
(SP #022-96)
Gainesboro
Gas Pump Canopy 880 sq. ft. area of a
0.916 acre parcel (RA)
Location:
3548 North Frederick Pike
Submitted:
05/08/96
Approved:
Pending
American Legion Post #021
(SP #018-96)
Stonewall
Addition to lodge building on 3.4255
acre site (B2)
Location:
1730 Berryville Pike
Submitted:
04/10/96
Approved:
Pending
Bimonthly Report
Printed October 8, 1998 10
Wheatlands Wastewater Facility
(SP #047-89)
Opequon
Treatment Facility on 5 Acres (R5)
Location:
So. West of Double Tollgate; adj. & west of Rt. 522
Submitted:
09/12%89
Note:
Being held at applicant's request.
Flex Tech (SP #057-90)
Stonewall
lull Use on 11 Ac. (Ml)
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
Bimonthly Report
Printed October 9, 1998 11
Boyd L. Bloomer (CUP #006-98)
Stonewall
public garage w/o body repair;
Location:
183 Imboden Drive
construction of 36X48 bldg. (RA)
Location:
4784 Martinsburg Pike, Clearbrook
If II
07/24/98
Submitted:
09/01/98
PC Review:
10/07/98 - recommended approval w/ conditions
BOS Review:
1 10/26/98
VARIANCES:
Winchester Countertop
(VAR #026-98)
Stonewall
20' front yard setback variance for an
1 office addition
Location:
183 Imboden Drive
Submitted:
09/14/98
BZA Review:
10/20/98
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
BZA 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.
Bimonthly Report
Printed October 9, 1998 12
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/678-0682
MEMORANDUM
TO: Planning Commission
FROM: Eric R. Lawrence, Zoning Administrator/�
SUBJECT: Request for Exemption from the Subdivision Ordinance Requirement
William C. Pulman, Jr. Property
DATE: October 8, 1998
Staff has received a request from Mr. Lee A. Ebert, on behalf of William C. Pulman, Jr., to gain an
exemption to the 50 -foot right-of-way width requirement ofthe Subdivision Ordinance [§ 144-31.C(3)].
The Board of Supervisors may allow for exemptions to the Subdivision Ordinance in cases of unusual
situations or when strict adherence to the general regulations would result in substantial injustice or
hardship [§144-5].
Mr. Pulman owns approximately 186 acres just west of Wardensville Grade, in the Mount Pleasant
community. He desires to subdivide the parcel into two agricultural tracts. Access to Mr. Pulman's
parcel is presently via a right-of-way across the adjoining property owned by Mr. and Mrs. Roe. The
width of this right-of-way has not been defined.
Mr. Ebert has contacted Mr. and Mrs. Roe concerning the right-of-way, specifically to discuss the night -
of -way width. The Roes have stated that they would not agree to a right-of-way width beyond 20 feet;
20 feet would be large enough to accommodate the existing driveway.
The Subdivision Ordinance requires that lots be created with a minimum 50 -foot right-of-way width [§
144-31.C(3) ]. As access to the parcel in question is via an existing right-of-way across property owned
by others, the request asks that the Board of Supervisors exempt this land division from the 50 -foot
requirement, so that the existing right-of-way may be utilized. Based on the location of this land
division, the nature of the surrounding properties, and the fact that the division is to establish two
agricultural lots, staff feels that a waiver to allow for a 20 -foot right-of-way is reasonable.
A recommendation that may be forwarded to the Board of Supervisors would be appropriate. Staff is
available to address your concerns.
ERL/cc
Attachments
U:\Eric\Common%UBDMS\pulman_pc.wpd
107 North Rent Street o Winchester, Virginia 22601-5000
Waiver Request PIN: 50—A-41
William C. Pulman
Produced by Frederick County Planning and Development, 10-7-98 AO
TA and A53.oclata3
LAND SURVEYING 3 LAPID PLANiNING 9 DEVELOPMENT
September 30, 1998
Mr. Eric R. Lawrence,
County of Frederick
Department of Planning
107 North Kent Street
Winchester, Virginia
Dear Mr. Lawrence:
Planner II
& Development
22601-5000
Our surveying firm has been employed by William C. Pulman, Jr.
to survey and subdivide the tract of land conveyed by affidavit a
matter of record in Deed Book 498 Page 697. The land designated as
Tax Map Tract 50-A-41 (1774 Wardensville Grade). A survey of the
land was made by J. R. Nicely and is a matter of record in Deed
Book 493 Page 816. This survey shows the approximate location of
an undefined right-of-way to the Wardensville Grade (Deed Book 233
Page 539).
By deed dated 10 November 1954 in Deed Book 233 Page 539, the
land was conveyed to Robert A. Foster by Roy Lamp,
By deed dated 7 December 1976, the land designated as Tax Map
Tract 50-A-42 was conveyed to Joy W. Roe and Rosalie D. Roe by Roy
C. Lamp, This deed makes note of the right-of-way stated in the
Foster deed.
I have met with Mr, and Mrs. Roe and they stated that if a
defined width must be stated they would not agree to more than a
20.0 ft. width. They feel that they are not obligated to grant a
50.0 ft, right-of-way.
This letter is a request that a variance be granted to make
the right-of-way 20.0 ft., especially since we are dividing the
land into just two large tracts.
LAE/jhs
Sincerely,
EBERT ASSOCIATES
MA
A. Ebert
Certified Land Surveyor
351AIEST SGSCA`AIEN STREET 3 � i/ ICI-iEST_R, VIRGif IIA 22601-4740
540-607-3233 - PAX\ 540-667-9133 TOLL ERIE 1-600-755-7320
.#358t
a 493
i
N .e•v.. Form No. 209•Revixd-V. C. 1950• SM 64 1-135
I
The Commonwealth of VirginiaF F I D A V I T
,
' Seee Will of Jennie P. Koci who
CITY OF ALFXANCRIA`to-wit: died July 1st, 1977, will pro-
bated Jennie P. Koci, deceased (died July bated Fairfax County Va.
her Mrs. Jenn----_J 1st 1977) by Cecelia {d. Pulman,
-•--•-•-.- after first being duly sworn, deposed and said as follows;
That,__Er=lz_KQ.q�._tJrA...--�`—_ —_deported this life on the 11th
_day of
-��Y__•--.--_....___.__., 19..7.4, intestate, seized and possessed of the following real estate lying, being
and situate in the ------
"-SDG-Vna _____, Virginia, described as follows:
190 acres : Code_._005 004 0000 -041 _ (recent;y ascertained to be laG,210 acres )
�11�-„znd--_being situated in•,Back _Creek-_I?istrict, Frd�rick County,_ Vi�inia_
being .the -_same land described in Will Book_ 77 Page 358 and D. _B. 334�page 143
------•-------� _left
That, the said.__._FRK KOCI Jr.
following persons: as hisl%w sole heirvIat law, the
NAME RELATIONSHIP ADDRESS
JENNIE P. KOCI MOmu>;aX645 N-- `• "”"
Texan
a,
----Now deceased see Co Of
--- ----
............ �`-" 1.
Tha t,--_•�_ and --
_departed this life on the_�.1S 1—day of
If his father having predeceased him
. 1r
..................... 19...79, intestate, unmarried and without issue/and leaving as his/her sole heirs
at law, the following:
NAME RELATIONSHIP ADDRESS
-----� _—r— Fairfax County, Va.------------,
---- -- — — with her brother as Exec-
- ---___--- liLif�d`aYid-CI%w3ZT'�r6=
------•-------•_—__—_.__ _ has been recorded in
and
That, by virtue of the Statute of Descent and Distributions,—.I�IyIE P.�000� wa
was atthetime of his death
- ' >a br� •• --••-•••••---•--•- -.-. _.... -Oahe true and lawful owner of the above described real estate;bnd
That, the above described real estate stands in the name of- _William C. Dulman� Jr., and
Charles H. Pulman, brothers
on the land books of the said
COunty oP_Frederick, virzi
and
That, the eatd-.._.._._._„•_,-,.._._-_..__....... ........... desires that the said real estate betrans-
ferred, assessed and indexed in his/her name as provided by Seo•tiotrf4_}a�a-0f the Code of Virginia.
That the Clerk of the_._...-._..C12'CUl1{.___.._ .Court of the_-CaUriLy....aLEj7eAer _CjL --
Virginia, record this instrument in his office and index the same as provided by law, and also certify an
abstract of this affidavit to the Commissioner of Revenue of said ......... CQUII.ty_._ _...in order that the said
real estate herelnnbove described may be transferred on the Land Books in the name of Fran$—KOc1� Jr.
-- ""-"" -- - and assessed as providedby I
xjag-Personal Representative
SEP 01 98 12:26 FIR UR SETTLE11EIIT GROUP 703 934 6610 TO 15406679188
b,,.. .(fxA.fR RxxAhf xA+fxAiRAff#ex xAxhhwf hh .
12177 }
j WILLIAM C. PULMAN, JR., ET AL #
PLAT 6 SURVEY
RR**xffARx.x#*f Ah#x Alf RffR#x#*Rf*�'}x
`.�� JSKfIi/alh { AC(<NOWtEeGkEnT
/21,755
h 6/21/78
STATE OF VIRGINIA
CITY OF WINCHESTER, TO-WiT;
I, J. R. Nicely, do hereby acknowledge that i nave
surveyed the land of William C. Pulman, Jr, and Charles H.
Pulman herein,dascribed as follows:
"Beginning at a point in the line of the
Alma AhInehart land, in the Center of Bear Run
at the southern end (head) of a lake, said
point being N 43028'51' W. 11.97 feet, from an
iron, the southeasterinmost corner of the said
Rhinehart land, on the east bank of Bear .Run;
thence, up the center of the Run, with the land of
Roe, fifteen courses, S 35047137" �, 217.76 feet,
to a 6" diameter Sycamore- . 5 12034102" W,
90,23 feet, thence, S '" 22" W, 53,21 feet; thence,
S 230S1'41W. 118.81 flet; thence.S 52050'31•' W,
69.64 fait, to a nail in the center of a wooden
bridge over Bear Run; thence, S 11041105" W.
29.05 feat; thence. S 42016131" W. 147.48 feet;
thence, S 31002'05" W, 157.35 feet; thence. S 52054'
07" W, 66.31 feet; thence, S 9044'43" W. $5.36 feet;
thence, S 38001'46" N, 98.01 feet; thence, 5 29036'
15" E, 25.55 feet; thence. S 26041'41" N, 55.08 feet;
thence. 5 40049'13" W, 36.67 feet; -thence, S 130
08'49" W, 59.20 feet; thence, leaving Bear Run and
with the Wm. Rhinehart land, two courses, N 60054'
OS'� W. 145.23 feet, to an iron; thence, N 64021'15'
W, 129.00 feet, to an irons thence, with Rhinehart
and continueing with Saip land, N 57045105" H,
1110.00 feet, to an iron at the s,J of an old
stone fence; thence, with 46057'09' W.
963.60 feet, t0 an iron:.:e. a,,continueing on the
same course with the Hig.00tan land, 493.83 feet
(1457.33 feet, total), to a stone set in the fork
of a Double Oak; thence, with the Goldman land, S
36037'24" W. (36:85 feet, to an iron found in an old
stand pile thence, With the Glaize land, four
courses, N 51039'14" W. 631.96 feet, to an iron
I
et $n a steep bank eaft of a small stream; thence.
H 34 16'46" E,'2027.85 feet, to an iron set on a
steep bank on the east side of a small stream;
thence, H 58014'23" W, 693.00 feet. to an iron near
the top of a ridgr; thence, generally along the top
of the ridge. S 37054'10" W, 750.75 feet, to a
found 6' squareplanted stone standing about 2'
tall; thence, frith the Dassori land, the Flagg land,
and the kcilw,!c Estate Land, N 18 24'10" E, 2998.61
feat, to an iron by a double near the top
of a ridge; thence, with : ,•.rementioned Alma
Rhinehart land, threat,. •:.:s, 5 54056132" E.
2308.26 feet, to an iron In a pasture near the
northeastern corner of the woods; thence, 5 37009'
13" W. 295.3r fleet. to an iron by a post at the
southwestern er-ner of the pasture; thence, 5
43 28151" E, 1832.50 feet, to the beginning;
Containing 186.210 acres; lying and being situated
In Back Creek District, Frederick County. Virginia;
P.12/19
i .
------------------------------------------------------------------------------------------------------
3EP 01 ,58 12:27 FP UH 7ETTLE1'1El,1T GROUP 703 534 6610 TO 15406675133 F.13%1
!:.er 493 ;JtE -617
Being the soma land described in Will Book
77,1 458 and deed Book 234, Page 143,
recorded in the Office of the Clerk of Frederick
Cbunty At Winchester, Virginia."
and acknowledge that this is an•aecurate survey of the herein
described land.
#1286
ROY LAMP
# 2�3
TO RED _
ROBERT A. FOSTER #
#nnn e+rntr�rnnnn#trnnnnmrnn#nstu#
THIS DEED made and dated this 10th day of November, 1954, by and
between Roy. Lamp, single, party of the first part, and Robert A. Foster, party of the
second part.
WITNESSETH: That for and in consideration of the sum of Ten Dollar
($10.00) cash in hand Daid: and other good and valuable consideration, the receipt of
all of which is hereby acknowledged, the said party of the first part does hereby grant,
sell, and convey, with general warranty of title, subject to the exception hereinafter
noted, unto the party of the second part, his heirs and assigns forever, a certain tract
or parcel of'-9.`and; 'containing 190 acres, more or less, lying and being situate about
seven miles Southwest oil -Winchester, near the Wardensville Grade, in Frederick County,
Virginia, and being the major portion of that certain larger tract or parcel of land,
that was conveyed to the party of the first part by Clara J. Burner, by deed dated July
17, 1951, of record..in the Clerk's Office of the Circuit Court of Frederick County,
Virginia, in Deed Book No. 219, page 514. The land conveyed hereby comprises all -of the
aforesaid tract of land lying and being situate on the Western side of what is known as
Bear Run, and is estimated to contain 190 acres, more or less, as aforesaid, but this
conveyance is in gross and not by the acre. That portion of said larger tract of land
lying on the Eastern side of Bear Run estimated to contain 20 acres, more or less, is
expressly retained and reserved from this conveyance by the party of the first part.
And for the consideration aforesaid, the party of the first part
-further grants and conveys unto the party of the second part, his heirs and as
forever, a right of way from the within conveyed land across the portion retained by
the party of the first part to the Wardensville Grade, such right of way to be over and
upon the present roadway where now located.
It is expressly stipulated, understood'and agreed that the'within
described land is conveyed subject to a certain timber contract between the party of
the first part and T. D. Newlin and C. A. Loy, dated May 26, 1954, which gives to said
buyers two years from May 26, 1954, within which to cut, manufacture and remove said
timber. � -.
Witness the following signature and seal. 'N
nn-unu•+r#nnsr�r+r#n+rnnan - - �r'k
REVENUE STAMPS n ROY LAMP
$1.10 #
CANCELLED #
�»n�tnnn-rrnnn+ar
State of Virginia
County of Frederick, to—wit:
I, Virginia Ritter, a Notary Public in and for the County of
Frederick, in the State of Virginia, do hereby certify that Roy Lamp, whose name is
signed to the foregoing writing bearing date of November 10th, 1954, has personally
appeared before me in my county aforesaid, and acknowledged the same.
Given under my band this 10th day of November, 1954.
My commission expires March 17, 1956.
VIRGINIA RITTER
yNotary.Public
VIRGINIA
FREDERICK COUNTY, (SCT.
This instrument of writing was produced to me on the 10th day of
November 1954 at 11:00 A. M. and with certificate of acknowledgment thereto annexed was
admitted to record.
#3922
ROY C. LAMP
TO: DEED
JOY W. ROE, ET UX
r
JAM:jr
12/2/76 _ 900d' 3 n] FACE 250
THIS DEED, made and dated this 7U -/day of December,
1976, by and betweeis ROY C. LAMP, single, party of the first
part, hereinafter called the Grantor; and JOY W. ROE and ROSALIE
D. ROE, his wife, parties of the second part, hereinafter called
the Grantees.
WITNESSETH: That for and in consideration of the sum
of Ten Dollars ($10.00) and other valuable considerations paid
the Grantor by the Grantees on or before the delivery of this
deed, the receipt of all of which is hereby acknowledged, the
Grantor hereby grants, sells and conveys with general warranty
of title, unto the Grantees, in fee simple, as tenants in common,
each owning a one-half (1/2) undivided interest in and to the
following real estate, together with all improvements and
appurtenances thereto belonging and subject to all easements and
legally enforceable restrictions and reservations of record
affecting such realty:
All of that certain tract or parcel of
land situate near the Wardensville Grade,
now known as Virginia Secondary Route 608
about seven (7) miles '*southwest of Winchester,
Virginia, containing approximately 19h acres,
more or less, being all of the rest, residue
and remainder of that certain parcel or
tract of land that was conveyed to the
Grantor herein by deed from Clara J. Burner,
dated July 17, 1951, and of record in the
Clerk's Office of the Circuit Court of
Frederick County, Virginia in Deed Book
219, at Page 514; this being a conveyance
in gross and not by the acre, the said
Grantor herein having previously conveyed
approximately 190 acres, more or less, to
Robert A. Foster by deed dated November 10,
1954, and of record in the aforesaid Clerk's
Office in Deed Book 233, at Page 539, being
West of Bear Run, the land herein conveyed
being the land East of Bear Run.
This conveyance is also subject to a
right of way across the said land which was
conveyed to the said Robert A. Foster in
his aforesaid deed, which right of -way is
over the present roadway on the property
.**.••..+•.u. herein conveyed. This land is further
�•� ^"'" bounded by a one-half (1/2) acre tract on
• I '
the southern side, which was this day
conveyed to the'Trustees of Lamp
Memorial Methodist'Church. Reference
is made to the aforesaid deeds and the
references therein contained for a more
particular description of the land here-
in conveyed.
COUNTY of FREDERICK
i Department of Planning and Development
540/665-5651
FAX: 540/673-0682
MEMORANDUM
TO: Frederick County Planning Commission
FROM: Eric R. Lawrence, Zoning Administrator
SUBJECT: Request for Waiver from the Zoning District Buffer Requirements
Abundant Life Christian Center
DATE: October 9, 1998
Staff has received a request from Mr. Gary Oates of Greenway Engineering, on behalf of Abundant
Life Christian Center, to gain a waiver to the Zoning District Buffer requirements that are applicable
to their property (PIN 75-A-40). Provisions for the waiver are provided in the Zoning Ordinance -
Zoning District Buffer, Section §165-37.1)(5).
The waiver provision states that the Planning Commission may waive Zoning District Buffer
requirements when the proposed use is an allowed use in the zoning district in which the development
is occurring and in the adjoining zoning district. The use is question is a church; churches are
permitted in both the Bl (Neighborhood Business) and the RP (Residential Performance) Zoning
District. Therefore, the waiver opportunity is applicable.
Abundant Life's property is located on Aylor Road, directly west of Fredericktowne's Frederick
Road entrance. A single family residential dwelling is located to the south, Interstate 81 to the west,
and vacant church -owned property to the north. These properties located east and south are zoned
RP, requiring the Zoning District Buffer.
Abundant Life has requested that they be allowed to utilize the Full Screen, Category `B" Zoning
District Buffer, without the screening requirements [landscaping and opaque element]. This
essentially establishes a 50 -foot distance buffer (setback) between the Abundant Life property and
the RP (Residential Performance) zoned properties to the south and east. This 50 -foot distance
would enable the church to construct the parking area and a future gymnasium/school building on the
property's southern boundary.
107 North Kent Street - Winchester, Virginia 22601-5000
Page 2
Abundant Life Christian Center Waiver Request
October 9, 1998
Staff believes that the impact of this development on the adjoining properties should be considered.
Elimination of the entire landscape screening is unnecessary; the 50 -foot distance buffer will enable
the church to achieve its development goals. A reduction in landscaping from the required three trees
per 10 linear feet to a single row of evergreen trees may be appropriate. These evergreen trees should
be a minimum of four feet high at planting, and be spaced no more than eight feet on -center.
The landscaping along the property's eastern boundary should continue to implement the parking lot
landscaping standards. These standards could be a continuation of the existing parking lot landscape
screening: a three-foot berm topped with evergreen shrubs.
This request is seeking Planning Commission action. Staff is available to address your concerns.
ERL/cc
Attachments
U:\Eric\Common\98LETrER\ABUNDA—I.WPD
— I51 Windy Bill Lane
✓ Windiester, Virl;h 22661
Founded in 1971
September 25, 1998
County of Frederick
Department of Planning and Development
107 North Kent Street
Winchester, VA 22601
Attn: Eric Lawrence
Re: Abundant Life Christian Center
Dear Mr. Lawrence:
The owners of Abundant Life Christian Center would like to appear before the
Planning Commission on October 21, 1998, for a waiver of the Fredrick County Zoning
Regulation — Chapter 165, Section 37.D — to avoid planting the full landscape screen as
described in Chapter 165, Section 37.B (1).
Sincerely,
, l
Gary R. Oates
Greenway Engineering
En;inee:s Surveyors
Tele;)hone 540-662-4135
Zoning District Buffer Waiver Request
Abundant Life Christian Church PIN: 75—A-40
Produced by Frederick County Planning and Development, 10-06-98 J11V
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SHEET I OF I
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
MEMORANDUM FAX: 540/678-0682
To: Frederick County Planning Commission
From: Michael T. Ruddy, Planner H
Subject: Emmart Oil Company - Bo's at Kemstown: Entrance Spacing Reduction Request
Date: October 9, 1998
Nature of request:
The Planning Commission has received a request from Mr. John Lewis, on behalf of the above referenced
development, to permit a reduction in the entrance spacing requirements. Currently the property contains
-two existing entrances. The site plan for Bo's proposes increasing the width of the southern entrance onto
Route 11 from 50' to 70'. This southern entrance is currently 55' from the entrance to the Echo Village
Budget Motel. The minimum driveway spacing along major collector roads such as Route 11 is 150'.
Therefore, the existing entrance is nonconforming. The proposed expansion to the entrance would increase
the level of the nonconformity, reducing the entrance spacing to 35'. This increase in the nonconformity
is not permitted by ordinance.
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.
Method of alternative means of access:
The proposed entrance shown on the plan provides for a much larger entrance to the south in addition to
the existing northern entrance. A pattern of circulation throughout the site has not been identified. Further,
access through the entrances has not been limited to promote one-way in and out situations. Without any
circulation controls, the expanded entrance creates the potential for more points of conflict between
vehicles entering and exiting the site. The proximity of the proposed entrance to the Budget Motel entrance
does allow the opportunity for more vehicles to enter the highway within a shorter distance, reducing the
safety and efficiency of the traffic flow on Route 11. However, this conflict may not be as significant as
the expansion of the width of the entrance. Even with an entrance width of 50' it would be very difficult
107 North Kent Street ® Winchester, Virginia 22601-5000
Page 2
October 9, 1998
to control access to and from the site. It may be appropriate to increase the central island to reduce the area
in which conflict of vehicles entering and exiting the site can occur.
The proposed 18' radius has been determined to be acceptable by VDOT. Presumably, the 18' radius is
sufficient to prevent conflicts in the center turn lane. In addition, trucks currently circulate through and
around the site with between 13 and 20 feet of separation between the canopy and edge of pavement. The
separation between the canopy and the edge of pavement to the north which is shown on the site plan is
approximately 20'. Trucks will be able to access the rear of the site from this direction with this amount
of separation. Therefore, they should be able to utilize the southern entrance with the same separation
between the canopy and edge of pavement. Maintaining the location of the existing entrance would provide
approximately 25' of separation between the canopy and the edge of pavement.
Staff conclusion:
The Planning Commission has the authority to reduce the distance between entrances when methods of
controlling motor vehicle access that promote safe and convenient access to and from the site are
implemented. The applicant has not proposed any additional means of controlling access that advance safe
and convenient access to and from the site and promote efficient travel along Route 11. Without additional
measures promoting accessibility, such as the extension of the center raised island, or signage promoting
circulation throughout the site, it would be inappropriate for the Planning Commission to support this
request.
Additional information:
Staff met with Mr. Emmart and Mr. Lewis on the site to gain additional information regarding the
anticipated circulation patterns and use of the facility. The meeting clarified several points. The emphasis
of the facility is the gasoline sales to automobile traffic with the truck fueling system being secondary and
limited to Emmart Oil account customers. These trucks will be familiar with the circulation of the site,
reducing the risk of conflict with other traffic. In addition, the trucks using these pumps are generally
limited in size. The increased width of the driveway to the rear of the property is an effort to promote
additional separation between the truck traffic accessing the Schenk property in the future, and the
automobile traffic using the gasoline pumps.
Mr. Emmart and Mr. Lewis believe that the overall design of the site will efficiently move traffic around
the site and will safely accommodate traffic that will be generated in the future from the undeveloped
portion of the Schenk property to the rear.
PAINTER-LEWIS, P.L.C.
CONSULTING ENGINEERS tel.: (540)662-5792
302 South Braddock Street, Suite 200 fax.: (540)662-5793
Winchester, VA 22601
I OCTOBER 1998
Mr. Kris Tierney
Frederick County Department of Planning and Development
107 North Kent Street
Winchester, VA 22601
^i
RE: EMMART 011L COMPANY -BO'S AT KERNSTOWN
FREDERICK, VIRGINIA
Dear Chris:
Emmart Oil Company would like to make improvements to the existing gasoline retail sales
property located on Route 11 South in Kernstown. If approved by Frederick County, these
improvements will include the construction of a convenience store similar to the Bo's on Route 7
East, Berryville Avenue, in the City of Winchester. We have received all the necessary approvals
from county and state agencies for this project as required by Frederick County Code except for
the final approval by the Department of Planning and Development. In the staff review of the
project, it was noted that the minimum driveway spacing as required by the ordinance is 150 feet.
The existing driveway is located approximately 55 feet from the northern entrance to the Echo
Village Motel. We propose to reconfigure this entrance so that the spacing will be reduced to
approximately 35 feet.
We recognize that the existing entrance is nonconforming and to reduce the spacing would move
the entrance even closer to the Echo Village entrance. However, we feel that the proposed
configuration of the entrance is critical to the over success of the proposed project and that
vehicular movements are best served by the design. We have already received approval from the
Virginia Department of Transportation who concurs with the proposed entrance configuration.
As shown on the plans, there is an existing 40' access easement that Schenk Foods Company,
Inc.(SFCI) maintains across the subject parcel. Even though the actual access is not within this
easement, the intention of the easement was to provide direct access to Route 11 at this location.
SFCI regularly runs trucks across this parcel. Our design of the site must maintain this truck
access. In order to provide adequate maneuvering area for trucks, the existing curb at the
entrance must be reconfigured. Otherwise, a southbound truck leaving the site will drive into the
center turn lane of Route 11 when making its turn. In addition, these trucks will tend to pass very
close to theproposed pump islands where automobiles will be fueling.
page 1 PAINTER-LEWIS, P.L.C.
Mr. Kris Tierney
OCTOBER 1, 1998
We would appreciate the opportunity to take this matter up with the Planning Commission at the
earliest possible time. We intend to seek permission form the Planning Commission to proceed
with the current design.
If you have any questions, please call me.
Sin y*ewis,
C. C.L.A.
cc J. Emmart
File: 9804002
page 2 PAINTER-LEWIS, P.L.C.
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/678-0682
MEMORANDUM
TO: Frederick County Planning Commission
FROM: Evan A. Wyatt, Deputy Director
RE: Southern Frederick Land Use Study Discussion
DATE: October 7, 1998
The Comprehensive Plans and Programs Subcommittee (CPPS) will finalize the public
information meeting and organization meeting process for the referenced study on October 16,
1998. This process has included presentations to the Winchester Planning Commission, the
Economic Development Commission's Business Attraction Committee, the Chamber of
Commerce's Local Government Forum, the Top of Virginia Builders Association, the Industrial
Parks Association, and three general public information meetings at Tri -County OIC, the Youth
Development Center, and Armel Elementary School. The CPPS and staff have utilized these
meetings to discuss issues associated with the Comprehensive Policy Plan and the land use study,
and to receive input from the meeting participants. The CPPS will develop alternative land use
plans based on the various ideas which will be presented to the Planning Commission and the
Board of Supervisors in a work session forum.
Staff believes that it would be beneficial to conduct an informal discussion for the land use study
at this time. This will provide an opportunity for staff to explain the process, review the issues
and improvements that are applicable to the study area, and obtain additional input from the
Commission. Staff will provide information during the October 21, 1998 Commission meeting
for discussion purposes.
EAWlrsa
U:IEVANICOMMONICOMPPLANIMDIESISFLUS�NFORMA-- I .WPD
107 North Kent Street v Winchester, Virginia 22601-5000