PC 06-04-97 Meeting AgendaAGENDA
FREDERICK COUNTY PLANNING COMMISSION
The Board Room
Frederick County Administration Building
Winchester, Virginia
JUNE 4, 1997
7:00 P.M. CALL TO ORDER TAB
1) Minutes of April 16, 1997 ............................................ A
2) Bi -Monthly Report .................................................. B
3) Committee Reports ................................................. C
4) Citizen Continents .................................................. D
PUBLIC HEARINGS
5) Conditional Use Permit #007-97 of John and Patricia Bowers to operate an antique
shop. The property is located at 4489 Martinsburg Pike and is identified with Property
Identification Number 33-A-93 in the Stonewall Magisterial District.
(Mr. Evans) ....................................................... E
6) Conditional Use Permit #008-97 of Peter and Michelle Brogger for a cottage
occupation: catering business. The property is located on Lusitano Lane in Marlboro and
is identified with Property Identification Number 83 -A -19C in the Back Creek Magisterial
District.
(Mr. Ruddy)........................................................... F
DISCUSSION ITEMS
7) Discussion Regarding the Route 37 West Land Use Study - Preliminary Concept
(Mr. Lawrence) ......................................................... G
8) Other
MEETING MINUTES
OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board Room of the the Frederick County Administration Building at 107 North Kent Street in
Winchester, Virginia on April 16, 1997.
PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; John R Marker, Vice-Chairman/Back
Creek District; Marjorie H. Copenhaver, Back Creek District; Roger L. Thomas, Opequon District; Robert A.
Morris, Shawnee District; S. Blaine Wilson, Shawnee District; John H. Light, Stonewall District; Richard C.
Ours, Opequon District; George L. Romine, Citizen at Large; W. Wayne Miller, Gainesboro District; Robert M.
Sager, Board Liaison; Vincent DiBenedetto, Winchester City Liaison; and Jay Cook, Legal Counsel.
ABSENT: Terry Stone, Gainesboro District
STAFF PRESENT: Kris C. Tierney, Planning Director; Evan A. Wyatt, Deputy Director; Eric R Lawrence,
Planner II; Michael T. Ruddy, Planner I; Renee' S. Arlotta, Minutes Recorder.
CALL TO ORDER
Chairman DeHaven called the meeting to order at 7:00 p.m.
MINUTES - FEBRUARY 19,1997
Upon motion made by Mr. Marker and seconded by Mr. Morris, the Commission unanimously
approved the February 19,1997 minutes as presented.
MINUTES - MARCH 5,1997
Upon motion made by Mr. Marker and seconded by Mr. Romine, the Commission unanimously
approved the March 5, 1997 minutes as presented.
Frederick County Planning Commission
Minutes of April 16, 1997 Page 42
-2 -
BIMONTHLY REPORT
Chairman DeHaven accepted the Bimonthly Report for the Commission's information.
COMMITTEE REPORTS
Comprehensive Plans & Programs Subcommittee (CPPS) - 04/14/97 Mtg.
Mrs. Copenhaver reported that the CPPS discussed future land uses for the Route 37 West area,
which encompasses the area north of the Frederick Center (DeGrange property), fronting on Route 37 and up to
and including Route 522. She said that the Committee also heard a presentation on road improvements between
Tasker Drive and the old Macedonia Church Road.
Transportation Committee - 04/01/97 Mtg.
Mr. Thomas reported that the Transportation Committee discussed a proposed rating system
to evaluate roads for establishing priorities for the Secondary Road Improvement Plan. He said that the
Committee's recommendation will be discussed this evening.
Economic Development Commission
Mr. Romine reported that a new Industrial Sites Representative was appointed and has been
introduced to staff.
Sanitation Authority - 04/15/97 Mtg.
Mrs. Copenhaver reported that the Miller Heights and Boundary Avenue water improvements
have been completed.
Winchester Planning Commission (WPC) - 04/15/97 Mtg.
Mr. Ours reported that the WPC held a public hearing on a rezoning for property immediately
south and adjacent to the new Walmart Supercenter on south Pleasant Valley Road, and is being rezoned from
M1 (Light Industrial) to CMI (Commercial) Zoning. He said the expectation for this area, in and around Lowes
and Walmart, is that it will be developed commercially_ Mr. Ours stated that the original intention several years
ago was that this area would be light industrial and warehousing, however, the complexion of that area has
Frederick County Planning Commission
Minutes of April 16, 1997 Page 43
-3 -
changed greatly.
DISCUSSION ITEMS
Presentation by the Frederick County Sanitation Authority's Engineer/ Director, Mr. Wellington Jones,
Concerning the County's Long -Range Water Supply and Transmission Plan
No Action Required
Mr. Wellington Jones, Engineer/ Director for the Frederick County Sanitation Authority,
introduced himself and Mr. Charles W. Maddox, Jr., Engineer. Mr. Jones presented the Sanitation Authority's
Long -Range Water Supply and Transmission Plan which was developed over the past six to seven years.
Mr. Jones identified the water supply sources within the County and the anticipated amount of
water available from each source. He then presented the projected future demands and identified the proposed
location of transmission lines needed to distribute the water supplies to customers. He said that the plan covered
a 50 -year period (1995-2045). The water sources identified by Mr. Jones were: Stephens City Quarry 3-4 mgd;
Bartonsville Well Field 1-2 mgd; Tower Park Well Field 1-3 mgd; and Cedar Creek 10 mgd. He said that the
total water capacity was between 15-19 mgd. The 1995 demand was 2 mgd and projected future demands were:
2010 - 4 mgd; 2025 - 8 mgd; 2045 - 17 mgd. Mr. Jones next spoke about the transmission plan and how to get
the water to the customers.
Mr. Jones said that at the end of the year 2000, the County's contract with the City of
Winchester to purchase 2 mgd will cease. He said that the City has stated that they do not have surplus capacity
to sell water to the County and, therefore, will not be able to extend the contract. Mr. Jones said that this was
fine; as shown from the water supplies identified, the County has an adequate supply for its needs. He said that
what needs to be provided is enhanced transmission capabilities so that we can get the water from the treatment
plant to other areas, especially to the areas north of Winchester where there are high industrial demands.
In summary, Mr. Jones said that the Authority feels they have identified adequate supplies; that
the plan will offer flexibility (from the standpoint of multiple sources of water); the plan is feasible; the plan
complies with County's Comprehensive Plan; and, the plan offers redundancy and reliability (multiple sources
are more reliable).
There were several questions from the Commission. Commission members asked if the Tower
Park and Bartonsville Well sites were Authority property and if not, how would the sites be acquired. Mr. Jones
replied that the Authority does not now own those and will have to acquire the well sites. Mr. Jones said that the
Authority may have to acquire them through proffers; and hopefully, they will not have to condemn, but the
Authority is not adverse to that.
Commission members asked if there were any water sources in the northern part of the County.
Mr. Jones replied that they have considered some; but generally, they are sources that do not have a great quantity
of water and if they have to provide treatment, it could get expensive.
Frederick County Planning roniniission
Minutes of April 16, 1997 Page 44
- 4 �
Regarding the well sites, both Tower and Bartonsville, Commission members inquired what the
effects of digging wells and pulling out many million gallons of water would do to the well acquifers of
homeowners and farms in that area. Mr. Jones said that they've addressed that question before with the Stephens
City quarries. He said that in developing these sites, you've got to make sure that they are engineered and
designed in such a fashion that the water supply is not depleted, but instead, you withdraw a safe yeild daily.
He explained that these well fields will probably draw water from an acquifer that is down around 1,000'. Mr.
Jones said that they did not anticipate or believe that it will affect residential wells in the area; however, if it does,
they will have to address it.
Regarding the l Omgd drawn from Cedar Creek, Commissioners asked what kind of flow would
remain. Mr. Jones said that the flow averages 60 mgd. He said that they have a concept whereby they can strip
the higher flow off of the creek and when the creek is flowing at a lower level, they won't pull any flow off at all.
He said that they are hoping to install off -stream storage.
Discussion Reeardinga Proposed Rating System for Secondary Road Improvement Proiects
Recommended Approval
Mr. Wyatt said that this item is a proposal to create a new policy for ranking secondary road
improvement projects in Frederick County. Mr. Wyatt gave some history regarding this project. Staff felt that
if a new policy was created for rating road improvement projects, the secondary road improvement projects of
both major and hard surface roads should be given consideration. He said the information presented reflects both
categories. He explained that the proposal uses a point system; whereby, if a higher intensity or serious condition
exists, the road would be assigned a higher point. Mr. Wyatt explained the evaluation criteria and corresponding
weights for both the major road improvement plan and the hard surface improvement plan.
Mr. Wyatt said that the Transportation Committee discussed several concerns at their meeting.
He said the Committee felt the topic of school bus travel needed a high weight value and they increased the weight
from 2 to 5, which is the highest weight category on the plan. Secondly, the Committee felt the description for
average daily traffic count should reflect current conditions. The third issue was time on the road plan and the
Committee felt this category should be utilized and credits given for roads that have been on the plan for certain
time increments. Fourth, they felt the Land Use Plan category should be expanded to provide points for master
planned properties and the category of conformance with the comprehensive plan should be increased as well.
Mr. Wyatt next explained how a road would become a candidate for weighted evaluation. He
said that the major road improvement category currently has 33 projects and the rating system would be applied
to all the roads on that list. He said that the hard surface section has 28 and only the projects qualified for funding
would be rated. Mr. Wyatt said that an "unscheduled-unprioritized" list for all the other projects would be created
in order of priority and once a road is removed from the plan because it has received funding, then another road
would be chosen from the list.
Mr. Jerry Copp, VDOT's resident Engineer, said that VDOT has already obtained right-of-ways
for some of the roads and significant monetary investment has already been made. Mr. Copp said that a
tremendous amount of money has already been put on the major projects on a Jong -term basis in preliminary
Frederick County Planning Commission
Minutes of April 16, 1997 Page 45
-5 -
engineering. He said that even the third priorty has had a significant amount of money put into it. Mr. Copp
believed this plan to be a valuable tool. He recommended, however, that it be implemented on a pilot -basis for
a few years and then re-evaluated at the end of that time, just in case some things were missed.
Commission members discussed with Mr. Copp issues involved with grandfathering certain
roads on the plan and it was decided that there was justification to treat major roads differently from hard surface
roads with regard to grandfathering. It was determined that all of the roads on the major list that have
advertisement dates should be grandfathered because of the significant amount of money that has already been
invested in them. On the hard surface improvement listing, however, significant money has not been invested
until the project is close to its advertisement date. They decided to grandfather the #1 project because the
advertisement date was three months off, but felt no compelling reason to grandfather #2 and #3 on that list.
Mr. Bruce Armstrong, resident of Laurel Grove Road in the Back Creek District, gave the
Commission some history of how he and a neighbor, Mr. Rhodes, became involved in the project of pursuing
a rating system. Mr. Armstrong was in support of the new system.
Commission members supported the new rating system. They felt the old system was
misleading for citizens as far as how soon their road project would be completed once it was on the plan. They
also felt the new rating system would eliminate some of the inconsistencies experienced in the past with
scheduling roads for improvement.
Upon motion made by Mr. Thomas and seconded by Mr. Ours,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommended
approval of the Secondary Road Plan Rating System for Hard -Surface Roads and Major Road Improvements with
the following caveats: 1) the weight designated for the category "time on the road plan" should be reduced from
3 to 2; 2) this plan should be considered as a pilot program for two years and then re-evaluated; 3) only the
first project on the hard surface road plan which has been advertised should be grandfathered; and, 4) on the
major road improvement plan all of the projects that have advertisement dates or have a substantial engineering
and planning investment from VDOT should be grandfathered.
Discussion Retarding Proposed Corridor Appearance and Development Design Standards
No Action Required
Mr. Wyatt said that as a result of discussions at the Planning Commission Retreat, the
Development Review & Regulations Subcommittee (DRRS) was asked to undertake three projects, one of which
was corridor appearance and development design standards. Six items were identified for revision: 1) entrance
spacing requirements for arterial and collector road systems; 2) boulevard entrance design for arterial road
systems; 3) freestanding and building -mounted signage; 4) parking lot locations and setbacks; 5) landscaping
enhancements including maintenance requirements; and 6) building components and underground utilities. Mr.
Wyatt said that he would discuss signage and underground utilities and Mr. Ruddy will discuss parking lots.
Mr. Wyatt presented the sign and underground utilities proposal.
Frederick County Planning Commission
Minutes of April 16, 1997 Page 46
-6 -
As far as signage was concerned, Commission members felt that what staff had presented was
the direction they wanted to go in. Commissioners stated that they would like to see one principal sign with, for
example, the business park's or shopping center's name and then the other offices or store names names smaller
on the same sign or on the individual buildings. They did not want to see a lot of individual small signs for each
business in all varieties and sizes. Commissioners also discussed the possibility of allowing more than one sign
on a site for large businesses with more than one entrance or a large site. They discussed current standards on
entrance spacing, but decided this method would actually permit far too many signs. They felt the proposal, as
written by staff-- "allowing one sign per road frontage," would go a long way towards cleaning up the sign
situation and would be easier for everyone to live with.
Mr. Ruddy next presented the parking lot enhancements which included three main principals:
the raised island situation, the setback situation, and the screening situation. He discussed each one while
presenting slides of each.
Commission members favored the proposal and felt it was a step in the right direction. Several
facets of the plan were discussed. One was the height of the berms and the fact that over time, they essentially
go flat. Discussion of increasing the height was pursued, but staff pointed out that the berm is to be 3' above the
finished elevation of the parking lot; and secondly, in a 30' setback, a 3 -to -1 slope could be maintainable, but a
2 to 1 would be more difficult. Staff noted that if a 3 -to -1 slope is utilized, a minimum of at least 18' would be
needed to create the berm itself. It was pointed out that if the intent is to also provide an opportunity for bicycle
paths or sidewalks, the whole 30' cannot be used for an earth berm.
The subject of allowing the staff some discretion to work with the developer/designer was also
discussed. It was noted that the staff is constantly challenged in terms of allowing flexibility and certainly, a
situation will come up where these regulations will not make sense and the staff would be requiring someone to
do something that everyone agrees was really not appropriate. The Commission and staff were in favor of
plugging in some sort of discretion by way of a Planning Commission or staff waiver to give someone an out.
The Commission also wanted the staff to add some definitions. They also felt it might be
worthwhile to consider some standards to address installation and maintenance.
In conclusion, staff asked if it was the Commission's desire for the DRRS to draft standards
pertaining to lighting, for example, height of structure, type of fixture, amout of wattage, etc. The Commission
was unanimously in favor of having the committee look into this.
Joint Frederick County/ Stephens City Planning Committee - 04/15/97 Mtg.
Mr. Thomas reported that the Joint Frederick County/ Stephens City Planning Committee had
their second meeting and a chairman, Ray Ewing, was elected. He said that a meeting will be held every fourth
Tuesday of the month at 5:00 p.m. at the Stephens City Town Hall. Mr. Thomas said that there are five concerns
that the committee is going to address: 1) water service area protection; 2) the quarry recharge area protection;
3) groundwater protection; 4) land development in and around Stephens City; 5) boundary adjustments between
Stephens City and Frederick County.
Frederick County Planning Commission
Minutes of April 16, 1997 Page 47
ADJOURNMENT
unanimous vote.
-7 -
No further business remained to be discussed and the meeting adjourned at 9:05 p.m. by
Respectfully submitted,
Kris C. Tierney, Secretary
Charles S. DeHaven, Chairman
Frederick County Planning Commission
Minutes of April 16, 1997 Page 48
BIMONTHLY REPORT OF PENDING APPLICATIONS
(printed May 22, 1997)
?> Application nn 1
PP
caao newly
submitted.
REZONINGS•
Omps Funeral Home, Inc.
(REZ #001-97)
Shawnee 1.396 acres from RA to B2 for a
funeral home
Location:
West side of Rt. 522 So. of Winchester, approx. 1500' no. of the Rt.
644/522 So. intersection.
Submitted:
04/17/97
PC Review:
05/07/97 - recommended approval
BOS Review:
06/10/97 - tentatively scheduled
MASTER DEVELOPMENT PLANS:
Dominion Knolls (MDP #001-97)
Stonewall
76 SF Detached Zero Lot Line Homes
on 20.278 acres (RP)
Location:
SW Corner of Ft. Collier Rd. (Rt. 1322) & Baker Lane (Rt. 1200)
Submitted:
01/27/97
PC Review:
03/05/97 - recommended approval
BOS Review:
04/09/97 - approved
Admininstrative A royal:
Pencompletion of review agency comments.
din
SUBDIVISIONS:
Location: East side of Macedonia Ch. Rd. (Rt. 642), south of I-81/37 Intersect.
Submitted: 05/19/97
MDP #008-96: Approved by BOS 11/13/96; Approved Admin. 01/06/97
Admin. Approved: 05/24/97
Location:
Submitted:
MDP #006-93:
Admin. Appro
Stonewall Industrial Pk.; McGhee Rd. (Rt. 861), approx. 700' west
of the McGhee Rd. and Tvson Dr. intersection.
05/15/97
Approved 07/28/93
2
Winc-Fred Co. IDC (SUB)
Back Creek
2 M1 Lots (0.552 acres & 20.285 acres)
Location:
Southeast side of Development Lane
Submitted:
09/08/95
MDP #003-87:
Approved 07/08/87
Pending Admin. Approval
Awaiting signed plats.
RT&T Partnership (SUB)
Back Creek
1 Lot - 29.6 Acres (B2)
Location:
Valley Pike (Rt. 11 So.)
Submitted:
05/17/95
MDP #003-91
Approved 07/10/91
Pending Admin. Approval:
-Awaiting submission of signed plat & deed of dedication
Briarwood Estates (SUB)
Stonewall
20 SF Det. Trad. Lots (RP)
Location:
Greenwood Rd.
Submitted:
01/03/94
MDP #005-93
Approved 12/8/93
Pending Admin. Approval:
Being held at applicant's request.
Abrams Point, Phase I (SUB)
Shawnee 230 SF Cluster & Urban Lots (RP)
South side of Rt. 659
Location:
Submitted:
05/02/90
PC Review:
06/06/90 - recommended approval
BOS Review:
06/13/90 -approved
Pending Admin. A roval:
Awaiting deed of ded., letter of credit, and signed plat
Harry Stimpson (SUB)
O uon
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:
4
C.E.D. Enterprises, Inc. Revised
(SP #029-96)
Back Creek
4,500 sq. ft. bldg. addition & a 12'X68'
concrete pad (EM)
Location:
221 Sand Mine Road
Submitted:
04/22/97
Approved:
Pending
Bandit Karts (SP #014-97)
Shawnee
Office & Fabrication Shop; 0.60 ac.
disturbed of a 1.00 ac. parcel (Ml)
Location:
Westview Business Center, Lot 3; VictoryLane (Rt. 728)
Submitted:
04/18/97
A roved:
Pending
11 Spahr Corp. Ltd. (SP #013-97)
Gainesboro
Office & Warehouse (9,350 sq.ft.) 1.60
ac. disturbed of a 2.00 ac. parcel (MI)
Location:
McGhee Road, Stonewall Industrial Park, Lot 1
Submitted:
04/11/97
Approved:
Pending
Stephens City Animal Hospital
(SP #012-97)
Opequon
750 sq.ft. medical office; 300 sq.ft.
disturb. area of a 0.319 ac. parcel (B2)
Location:
103 Highlander Road, Stephens City
Submitted:
04/08/97
Approved:
Pending
Hogue Creek Country Market
Addition (SP #011-97)
Gainesboro
Country Market; 5,520 s.f. proposed
1 additional floor area (RA)
Location:
4780 Northwestern Pike
Submitted:
03/31/97
Approved:
05/13/97
Marathon Bank (SP #010-97)
Gainesboro
Bank (2200 sq ft office area); 35,414 sq
ft lot area (B2)
Location:
US Rt. 522 North at Sunnyside
Submitted:
03/25/97
Approved:
05/09/97
New Image Graphics
(SP #009-97)
Shawnee
Office & Mfg. uses; 1.30 ac. of 2.00 ac.
1 site to be disturbed (Ml)
Location:
Victory Lane
Submitted:
03/21/97
Approved:
05/21/97
American Background at West-
view Bus. Cntr. (SP #008-97)
Shawnee
1 1
10,080 sq. ft. office space on 1.4523
acres (M1)
Location:
No. East corner of Victory
Ln. (Rt. 728) & Independence Drive
Submitted:
03/14/97
Pending
Approved:
05/01/97
Veteran's Texaco Station &
Conven. Store & Burger King
Restaurant Addit. (SP #007-97)
Opequon
Service Station, Store, & Burger King
Restaurant on 1.0591 acres
Location:
121 Fairfax Pike
Submitted:
03/13/97
Approved:
Pending
Christian Fellowship
Sanctuary(SP #005-97)
Shawnee
Church Expansion; 2.5 ac. to be
developed of a 29.5115 ac. site (RA)
n:
[Aroved:
East side of Rt. 642; a rox. 2,500' so. of the Rt. 37/I-81 Interch .
ted:
02/12/97
A roved•
Pending
Rose Memorial Foundation
(SP #004-97)
Stonewall
Renovation of existing residence for an
adult care facility; 3.292 ac. site (RP)
Location:
549 Valle Mill Road
Submitted:
02/11/97
A roved•
Pending
Carriebrooke (SP #057-96)
Shawnee
Offices on 2.5487 acres (B2)
Location:
East side of Rt. 642 south of I-81/37/642 interchange
11
Submitted:
12/26/96
Approved:
04/23/97
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
Winchester 84 Lumber
(SP #045-96)
Stonewall
Storage Shed; 1.19 ac. of a 4.98 ac.
tract disturbed (B2)
Location:
Rt. 839
Submitted:
10/14/96
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
Flying J Travel Plaza (SP #026-
96)
Stonewall Travel Plaza on 15 acres (B3)
Location:
S.W. comer of the intersection of I-81 & Rt. 669
Submitted:
05/23/96
Approved:
Pending
Cedar Creek Center (SP #025-96)
Back Creek
Museum on 0.485 ac. of a 3.210 acre
parcel (Bl)
Location:
8437 Valle Pike (Rt. 11), Middletown
Submitted:
05/16/96
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
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
D.K. Erectors & Maintenance,
Inc. (SP /1051-95)
Gainesboro
Indust Sery/Steel Fabrication on a 10-
acre site (M2)
Location:
4530 Northwestern Pike
Submitted:
12/28/95
Approved:
Pending
Wheatlands Wastewater Facility
(SP #047-89)
Opequon
Treatment Facility on 5 Acres (R5)
Location:
So. West of Double Tollgate; ad'. & west of Rt. 522
Submitted:
09/12/89
Note:
iBeingheld at applicant's request.
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
John & Patricia Bowers
(CUP #007-97)
Stonewall Antique Shop in Existing Bldg. (RA)
Location:
4489 Martinsburg Pike (Rt. 11N.); Clearbrook
Submitted:
04/21/97
PC Review:
06/04/97
BOS Review:
07/09/97 - tentatively scheduled
BZA APPEALS:
BZA VARIANCES:
Location:II 1530 Rest Church Rd./ So. West quadrant of I-81 & VA Rt. 669
(Exit 323)
Submitted: II 04/29/97
BZA Review: _�� 05/20/97 - tabled for 90 days per applicant's request.
H
PC REVIEW: 6/4/97
BOS REVIEW: 7/9/97
CONDITIONAL USE PERMIT #007-97
John E. and Patricia R. Bowers
Antique Shop
LOCATION: This property is located at 4489 Martinsburg Pike in Clearbrook.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER: 33-A-93
PROPERTY ZONE -4f, & PRESENT USE: Zoned RA (Rural Areas) District; Land Use:
Vacant Lodge Building
ADJOPiINQ PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land Use:
Residential and vacant
PROPOSED USE: To operate an antique shop in an existing building. This use requires a
conditional use permit in the Rural Areas District.
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: No objection to a conditional use permit for this
property. However, prior to operation of the business, a commercial entrance must be
constructed to our minimum stands to allow for safe egress and ingress of the property.
Any work performed on the State's right-of-ways must be covered by a land use permit.
The permit is issued by this office and requires an inspection fee and surety bond
coverage.
Inspections Department: Building shall comply with Virginia Uniform, Statewide
Building Code and Section 309, Use Group M (Mercantile) of the BOCA National
Building Code/1993. Other codes that apply are title 24 Code of Federal Regulation,
Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in
Commercial Facilities. Floor plan and detail showing ADA access to the building shall
be submitted for change of use building permit. Inspection for code compliance will be
John and Patricia Bowers - CUP #007-97
Page 2
May 23, 1997
performed and Certificate of Use and Occupancy issued.
Fire Marshal: Recommend approval. (1) Access to the building should be maintained
at all times. This access should be via designated Fire Lane, minimum 20' wide. (2) The
occupancy load and egress requirements for a "Business" Use Group, as established in the
Uniform Statewide Building Code, must be adhered to. (3) Prior to opening, please
contact the Fire Marshal's Office for inspection.
Health Department: The Health Department has no objection to the proposed
conditional use permit for this property.
Planning and Zoning:
The proposed use will be locating in an existing building. Previous use of the building as
a lodge indicates a more intense use than the adjacent residential uses. Permitting the use
(antique shop) should not tend to change the character and established pattern of
development of the area.
Some modifications to the building will be required for the change of use. Changes to
the building and site should not adversely affect the character and environment of the
area. Two-tenths of a mile north of the site is M-2 zoned property, and less than that
distance south is M-1 zoned property. Staff is in accord with the need for a commercial
entrance to the site. A minor (as referenced to by staff members) site plan will be
required which addresses concerns such as ingress/egress, parking and issues associated
with a public facility.
If the review comments and staff recommendations are complied with, the use should
conform to applicable regulations of the district and should not adversely affect the use
and enjoyment of surrounding properties.
Staff Recommendation for 6/4/97: Staff recommends approval with the following conditions:
All review agency comments shall be complied with.
2. A (minor) site pian shall be approved prior to occupancy of the site.
3. A business sign for the use shall be limited to a maximum of 50 square feet.
4. Any outside display area should be designated on the site plan.
CUP #007-97 PIN: 33—A-93
John & Patricia Bowers
' ,7f`
Submittal Deadline
P/C Meeting
BOS Meeting
APPLICATION FOR CONDITIONAL USE PERMIT
FREDERICK COUNTY, VIRGINIA
S- 7
1. Applicant (The applicant if the X owner other)
NAME:
ADDRESS:
TELEPHONE C-,5--4qlq
2. Please list all owners, occupants, or parties in interest of
the property:
3. The property is located at: (please give exact directions and
include the route number of your road or street)
- 44$9 MArtinshurgY i
4. The property has a road frontage of _ inn _ feet and a
depth of 250 feet and consists of .56 acres.
(Please be exact)
5. The property is owned by John E. Bowers & Patricia R. Bowers as
evidenced by deed fromLocal LodgpT-AMAW recorded
(previous owner)
in deed book no. 860 on page 1473 , as recorded in the
records of the Clerk of the Circuit Court, County of
Frederick.
6. 14 -Digit Property Identification No.
Magisterial District Stonewall
Current Zoning RA
7. Adjoining Property:
USE
North Vacant Lot
East RcEci clerltial
South Residential
West Vacant Lot
33-A-93
ZONING
RA
RA
RA
RA
8. The type of use proposed is (consult with the Planning Dept.
before completing) Antique Shop
9. It is proposed that the following buildings will be
constructed: Use Existing Building
10. The following are all of the individuals, firms, or
corporations owning property adjacent to both sides, rear and
in front of (also across street from) the property where
requested use will be conducted. (Continue on back if
necessary.) These people will be notified by mail of this
application: (PLEASE LIST COMPLETE 14 -DIGIT NUMBER.
NAME
East:
Address
Rev. & Mrs. Phillip Roby
Property ID#
-
I
East:
Address
Merle L. Swartz
4496 Martinsburg
?1 4
Property ID#
33-A-120
I
North:
Address
4273 Martinsburg—Pike
, ClearbrooVA2
?
Property ID#
Manuel C. DeHaven
33-A-91
West:
Address
4469 Martinsburg
Pike Clearbrook. VA
22626-
262'Darien
Property ID#
DarienR. Brandt
33-A-25
South:
Address
4481 Martinsburg
Pike, Clearbrook. VA
2262—' `
Property ID#
Charles A. Cooke
John E. Bowers
Patricia R. Bowers
AddressFt 1 l;cx 2501
Berrvville VA 22611
Property ID#
33-A-93
NAME
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.
SURVEY # 207
PLAT ATTACHED:
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BOUNDARY SURVEY OF THE LANDS OF
NICETAS MATHEWS, CHARLES LEWIS AND PAULINE LEWIS
TRUSTEES FOR LOCAL LODGE NO. 2335 OF
INTERNATIONAL ASSOCIATION OF MACHINISTS
AND AEROSPACE WORKERS UNION
DEED BOOK 507, PAGE 522
TAX MAP 33, TRACT 92 ((A))
AND TAX MAP 33, TRACT 93 ((A))
LOCATED ON THE WEST SIDE OF U.S. ROUTE NO. 11, MARTINSBURG PIKE, AND ON THE EAST SIDE
OF INTERSTATE ROUTE NO. 81 ABOUT 13/4 MILES NORTH OF CLEARBROOK AND SITUATE IN
STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA.
NOTE: NO TITLE REPORT FURNISHED.
NOTE: THFSF TRACTS ARE NOT IN THE 100 YEAR FLOOD PLAIN DESIGNATED BY H [ D.
FIRM COMMUNITY PANEL NO. 510063 0075 B, DATED JULY 17, 1978.
I HEREBY CERTIFY THAT ON JUNE 5, 1996 I MADE AN ACCURATE SURVEY OF THE PREMISES
SHOWN HEREON AND TO THE BEST OF MY KNOWLEDGE AND BELIEF THERE ARE NO EASEMENTS
OR ENCROACHMENTS VISIBLE ON THE GROUND OTHER THAN THOSE SHOWN HEREON.
SURVEY NO. 207 DUNN LAND SURVEYS INC.
SHEET NO. I OF 2 BERRYVILLE, VIRGINIA
JUNE 6, 1996
12. Additional comments, if any:
use ermit to o en an Antique Shop.
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.
�- \ BG K
S - 4SS-X513
TO BE COMPLETED BY ZONING ADMINISTRATOR:
USE CODE:
RENEWAL DATE:
L; F) -a,-I -(�1\
PC REVIEW: 6/4/97
BOS REVIEW: 7/9/S7
CONDITIONAL USE PERMIT #008-97
Peter and Michelle Brogger
Cottage Occupation - Catering
LO ATION: This property is located on Lusitano Lane in Marlboro.
MAGISTERLAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 83 -A -19C
PROPERTY ZONING & PRESENT USE: Zon;.d RA (Rural Areas) District; Land Use:
Residential
ADJOUNING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land Use:
Residential and agricultural
PROPOSED USE: Cottage occupation for a catering business
REVIEW EVALUATIONS:
Virginia Dent. of Transportation: Existing private entrance(s) is inadequate for
proposed use. Minimum sight distances are not obtainable at the property to allow for
the construction of a commercial entrance without major reconstruction of the roadway.
Therefore, we cannot support a conditional or special use permit for this property.
Inspections Department: Building shall comply with Virginia Uniform Statewide
Building Code and Section 306, Use Group F (Factory) of the BOCA National Building
Code/1996. Other codes that apply are CABO Al 17.1-92 - Accessible and Useable
Buildings and Facilities.
Fire Marshal: Should commercial cooking equipment be installed, exhaust hood, and
fire suppression system must be installed according to building codes.
Health Department: See attached letter dated May 8, 1997fran John W. Lanz,
Peter and Michelle Brogger - CUP #008-97
Page 2
May 23, 1997
Environmental Health Specialist, Sr.
Planning and Zoning:
Within the RA (Rural Areas) zoning district, cottage occupations are permitted with the
issuance of a conditional use permit. The catering business proposed by the applicants
meets the requirements for a cottage occupation and would, therefore, be permitted with
an approved conditional use permit.
Mr. and Mrs. Brogger currently have a conditional use permit(#019-90) for a cottage
occupation permitting a kitchen for catering, with a limited number of outdoor wedding
receptions, at their present location 180 Hillandale Lane. The Broggers are proposing to
construct a new residence and catering kitchen at the Lusitano Lane property. The
Lusitano Lane property is currently under contract for purchase by the Broggers. It
should be noted that, unlike in the Broggers' existing conditional use permit, no events
will take place at this property.
Staff believes that establishing this cottage occupation would not have a negative impact
upon the surrounding neighborhood. The lot on which the Broggers plan to construct the
residence and kitchen is heavily wooded, as is the adjoining Haymaker property. The
property from which the Brogger lot was created is used primarily as a horse pasture.
When considering the scale of the proposed kitchen, it will clearly be incidental to the
proposed residence.
VDOT has stated that the existing private entrance is inadequate for the proposed use and
that they cannot support a conditional use permit for this property. Staff is of the opinion
that if only the applicant's personal vehicles are used to transport goods to and from the
property, this would alleviate many of VDOT's concerns. In essence, the traffic
generated at this location would be of a scale consistent with normal residential traffic.
Staff Recommendation for 6/4/97: Approval with the following conditions:
1) Review agency comments must be complied with at all times.
2) No delivery of goods to the property by vehicles other than those owned by the
applicants.
3) Any expansion of the proposed facilities or use will require a new Conditional Use
Permit.
Lord Fairfax �,nvironmental Health District
107 N. Kent St.
P. O. Box 2056
Winchester, Virginia 22604
(540) 722-3480 FAX (540) 722-3479
Counties of- Clarke, Frederick, Page, Shenandoah, Warren, and City of Winchester
May 08, 1997
Mr. Andrew Evans
Frederick County Zoning Administrator
107 N. Kent Street
Winchester, VA 22601
RE: Panache Catering
Conditional Use Permit Application
Tax Map # 83-A-19, Lot 1
Mr. Evans:
The Frederick -Winchester Health Department has been requested to make comments in
regards to the issuance of a conditional use permit to Panache Catering and Peter J. & Michelle
Brogger for the above referenced lot.
After reviewing our files, a Certification Letter for an on-site sewage disposal system
designed for 450 gallons per day has been issued for the above referenced lot. Based on the
limits of the proposed sewage disposal system, the Health Department has no objections to the
issuance of a conditional use permit so long as the following criteria are met:
1. The proposed residential house will be limited to two bedrooms (design flow of 300
gPd).
2. Using a design flow rate of one gallon per person for each person served at a catered
event. the catering operation would be limited in food preparation and service to a
maximum of 150 persons per day of operation.
3. All catered events will be limited to off -premise locations only. There will be no on-
site catered events at the above referenced location.
4. The proposed separate kitchen used for the catering operation will be limited to a
maximum of three employees, two of which will live in the proposed residential
house.
5. The proposed separate kitchen to be used for the catering operation will be required to
Mr. Andrew Evans
May 08, 1997
Page 2
meet current design and construction standards of the Rules and Regulations of the
Board of Health. Commonwealth of Virginia Governing Restaurants, dated
November, 1984.
6. The proposed catering operation will be served by a drilled well and will be
considered a public water supply (Non -community Water System). The site location,
construction, and development criteria for this well will be required to meet public
water standards as outlined in the Virginia Waterworks Regulations, effective
November 15, 1995.
Panache Catering has already submitted the necessary applications to the Health
Department in regards to obtaining the required Health Department permits for the catering
operation and public water supply. This office will delay the processing of these applications
until such time the Health Department receives correspondence as to your decision for the
issuance of a conditional use permit.
If this office may be of farther assistance, please contact me at (540)722-3480.
pc: Mr. Peter Brogger
file
Sinc y,
ohn W. Lam
Environmental Health Specialist, Sr.
r.
t
ti-
CUP #008-97 PIN: 83—A--19C
Peter & Michelle Brogger
Submittal Deadline
P/C Meeting
BOS Meeting
APPLICATION FOR CONDITIONAL USE PERMIT
FREDERICK COUNTY, VIRGINIA
59 F7
(v 9 7
1. Applicant (The applicant if the t/' owner other)
NAME: A:
ADDRESS: J FO 14illa-nda&-e- r,�1✓J Sf V
TELEPHONE 6- Q - -
2. Please list all owners, occupants, or parties in interest of
the property:
3. The property is located at: (please give exact directions and
include the route number of your road or street)
� t_ Ln I L P_ 5 _ 't D L L( crZL� n 0 LA --e ev
I -:Tu rn d kLto i oc t
4. The property has a road frontage of 0 feet and a t"i5lt
depth of
(Please be exact) feet and consists of --21-27-3 acres.
--
5. The property is owned by �� �f �' ( C as
evidenced by deed from eI M - -ry-LAK14Ie C recorded
(PrevvVvious o ner) 06 ()tdr(h;Yo Ut.^d7'rus-t
in deed book no. 234 on page 05a , as recorded in the
records of the Clerk of the Circuit Court, County of
Frederick.
6. 14 -Digit Property Identification No. S -A - IqC
Magisterial DistrictL
Current Zoning
7. Adjoining Property: r� - -
USE ZON NG �o
North A to ,Cg l
East
South
West �.`' C:'
1 1l.
8. The type of use proposed is (consult with the Planning Dept.
before completing)
9. It is proposed that
the following buildings will be
constructed:
:Q
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:
(.and 7i-cts f
_
NAME jS6Y�,yPrlu !. Md TOSa-,1 K4 ADDRESS Q`j
(f
PROPERTY ID# 23-8-19
�P SC-1, i Iia" o�a�SS-
NAME a map ,�-� p
DrdiLLd Av
v� ADDRES'S--
PROPERTY ID# 83 -A-97
//'?a �.
Wi,�clles-er� (%G1 . �a[9O j
NAME
ADDRESS
PROPERTY ID#
NAME
ADDRESS
PROPERTY ID#
NAME
ADDRESS
PROPERTY ID#
NAME
ADDRESS
PROPERTY ID#
NAME
ADDRESS
PROPERTY ID#
NAME
ADDRESS
PROPERTY ID#
�
l.
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.
%b10 Ps
41
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12. Additional comments, if any:
CLT Cv, � . ' L 'L Yt �'
k^
C` lie S
�•�..2._ Gam- `%"� � �Li(�r'1
W
UL
o �tCz Q,P-ezcry rn
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 `'r
r
Signature of Owner
Owners' Mailing Address
Owners' Telephone No.
TO BE COMPLETED BY ZONING ADMINISTRATOR:
USE CODE:
RENEWAL DATE:
,i S
1 .
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T /iy OI a GroPos?G arlvaLe driYel+d': is no: built accor'oinc to =tree*
►r 1- ' CTI soeciiicdtions of ana wili not be maln,alned by the Virc;r.1=
h Q Vecar toren! Qf 7r'1n5pa1-tdt 17n Or' hreher'ICi: LaLIntV, The 1morQvono�r
ana maintenance o{ ;aid dr'IvewaV shall be the cnja iesar_ns1Ct[:C
jy�ti �V tri L>_ % Q� the 4�wner e of the loos Which are ar•or, iceQ with acce=_epie th=
✓ �� (^ 0
Said Ct-itisNav x111 not be crn517e,'e7 rnr 1nclU;lon Inf^
` `ne state =ecQndary Sy=tem until they meet the aapiicab'e
4 M _ C_n5't'UC'101 s;Encar•^,s Q. V11'alnla L-eca!'tment of Tt-an3col
ta Gl?-
.
C�C.4LLr : I (000 0 Q 'nG COS" o' Orin^.1G: Salo ;ri ewaV to acceptable S�anodrd5 sn?il
not oe ocrne �J; 11£ Virginia !.'ecar'tment of Trarscortacicn no" o';
rederlc,: Wunt:,
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SCOTT SURVEYS
STEPHENS CITY, VIRGINIA 22655
FREDERICK X''tINTY, SCT.
71,
r.,� Ira, ,ray C�_tirxzx!
I DATE: t-I�cvl,��j,�T¢
.c]CALE: lUQ I
,:: %q
.,.,1 4 - _'t .,. r,'r.
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/678-0682
MEMORANDUM
TO: Frederick County Planning Commission
FROM: Eric R Lawrence, Planner II�
SUBJECT: Discussion -- Proposed Route 37 West Land Use Plan
Preliminary Concept
DATE: May 23, 1997
As the Commission may be aware, staff has been working with the Comprehensive Plans and
Programs Subcommittee (CPPS) to develop a land use plan for the area west of Route 37, between
Routes 50 and 522. This study is a result of the recent DeGrange property rezoning from RA to B2,
the continual expansion of the Winchester Medical Center within the City, and the provisions for
sewer and water service to be provided to the DeGrange property from the Sunnyside area. This
study has been given the name: "Route 37 West Land Use Study."
Attached is a preliminary conceptual land use plan that the CPPS feels is compatible with the
surrounding area and accommodates possible future land use demands. There are essentially two
different proposed land use concentrations: a Route 522 North business use concentration, and a
Route 37/Medical Center area business/office use concentration. It is the CPPS's belief that each
concentration will cater to different users.
The Route 522 North concentration is envisioned to cater to the surrounding community and through
traffic on Routes 37 and 522. Proposed as a business use, the area would incorporate the Route 37
interchange and a portion of Route 522. Route 522 North could be considered a gateway into the
more developed portions of the County, and this area would provide those essential commercial
services that the Sunnyside, Albin, and the further west communities demand.
The Route 37/Medical Center concentration would continue the business climate of the DeGrange
property, and transition into a more medical and scholastic office environment. Because of the close
proximity to the Winchester Medical Center and the Medical Center's proposed interchange on Route
37, it is envisioned that use of the land would be that possibly associated with medical and scholastic
pursuits, possibly biomedical or pharmaceutical users.
107 North Kent .Street • Winchester. Vir-inia 22601-5000
Proposed Route 37
Land Use Plan
Preliminary Concept
May 23, 1997
Page 2
It is envisioned that a large portion of the study area will remain in its agricultural use into the
foreseeable future.
In addition to the proposed business uses, a collector road system and signalized intersection is
proposed. At the request of the CPPS, the road system does not transverse the areas of the study that
have no proposed use changes.
Tonight's discussion is intended as an information gathering session. Staff will present the
preliminary conceptual land use plan, based on information gathered at the CPPS meetings. Staff is
interested in gaining the Commission's thoughts concerning the proposed elements, and any other
elements.
Please contact me with any questions.
Thank you.
.common\rt37w\info l .pc
' Route 37 West
Land Use Study
Preliminary Concept
James Wood High School
Apple Pie Ridge Elementary
mmnmm..em Study Area
645 Acres
Round Hill
Land Use Study Area
Frederick rj JW Winchester Medical Center
Center �J `�
City of Winchester
Traffic Signal
Scat N RR
NO O !00 1100 N00 100
Frederick County Ptannhg & Development
Winchester, VlrgWp
May 1997
.6rt371ap.a.19