PC 11-05-97 Meeting AgendaAGENDA
FREDERICK COUNTY PLANNING COMMISSION
The Board Room
Frederick County Administration Building
Winchester, Virginia
NOVEMBER 5, 1997
7:00 P.M. CALL TO ORDER TAB
1) Minutes of October 1, 1997 ........................................... A
2) Bi -Monthly Report .................................................. B
3) Committee Reports ................ C
4) Citizen Comments ....... .................... . .................... D
PUBLIC HEARING
5) Conditional Use Permit #016-97 of Joyce M. Brinklow for a Cottage
Occupation/Bargain Retail Store. The property is located at 8421 Valley Pike and is
identified with PIN 90-A-56 in the Back Creek Magisterial District.
(Mr. Evans) ....................................................... E
6) Conditional Use Permit #017-97 of Elizabeth T. Robinson for a Cottage
Occupation/Crafts, Decorating Lessons, Cooking Demonstrations, etc. The property is
located at 4468 Middle Road and is identified with PIN 74-A-2 in the Back Creek
Magisterial District.
(Mr. Ruddy) ....................................................... F
7) 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 October 1, 1997.
PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; John H. Light, Stonewall District;
Robert A. Morris, Shawnee District; Terry Stone, Gainesboro District; Marjorie H. Copenhaver, Back Creek
District; S. Blaine Wilson, Shawnee District; George L. Romine, Citizen at Large; W. Wayne Miller,
Gainesboro District; Roger L. Thomas, Opequon District; Richard C. Ours, Opequon District; Robert M. Sager,
Board Liaison; Vincent DiBenedetto, Winchester City Liaison; and Jay Cook, Legal Counsel.
ABSENT: John R. Marker, Vice-Chairman/Back Creek District
STAFF PRESENT: Kris C. Tierney, Director; Evan A. Wyatt, Deputy Director; Eric R. Lawrence, Planner I1;
and Beth Ann Hall, Clerk.
CALL TO ORDER
Chairman DeHaven called the meeting to order at 7:00 p.m.
COMMITTEE REPORTS
Development Review & Regulations Subcommittee (DRRS) - 9/25/97 Mtg.
Mr. Thomas reported that the DRRS discussion centered on Flex -Tech development and
standards. He said that the committee has decided to accommodate the use with some modifications to the
existing zoning districts rather than creating a new zoning district.
Frederick County Planning Commission
Minutes of October 1, 1997 Page 100
=2=
Economic Development Commission (EDC)
Mr. Romine reported that the EDC is developing an Industrial Services Directory and is also
working on the Shenandoah Technology Initiative, which is a program designed to provide public speakers for
industry and to provide assistance to small companies.
Frederick County Sanitation Authority (SA) - 9/16/97 Mtg.
Mrs. Copenhaver stated that the SA is making progress on correcting problems on
Westmoreland Drive. She also stated that the report, "Criteria for Utility Excellence," was made available and
the Sanitation Authority's Executive Director, Wellington Jones, gave a presentation to the Authority about the
report. Mrs. Copenhaver said that everyone present was pleased to see how well the Frederick County Sanitation
Authority rated.
Winchester City Planning Commission - 9/97 Mtg.
Mr. Vincent DiBenedetto, liaison, reported that the Winchester Planning Commission had an
extended discussion on the Westminster -Canterbury issue. He said that the Commission recommended
disapproval of the plans to the City Council, who will be meeting later in the month. Mr. DiBenedetto said that
it was a difficult decision and the Commission hopes it will be able to accommodate something for the applicant
in the future.
Joint Frederick County -Stephens City Planning Committee - 9/30/97 Mtg.
Mr. Thomas reported that Stephens City is interested in proceeding with the feasibility study
on the annexation of some County property. Mr. Thomas said that the planning staffs of both Stephens City and
Frederick County are going to develop a land use plan for the areas around Stephens City and discuss some of
the water and sewer service area criteria before the feasibility study is pursued further. He said that the Joint
Committee discussed the annexation agreement between Rockingham County and the Town of Bridgewater.
PUBLIC HEARINGS:
Conditional Use Permit #014-97 of Garris and Eva Poling for an off -premise business sign to be located
on the northern side of Route 50 West, just east of Whitacre Road, on property zoned RA (Rural Areas)
and owned by Stephen and John Holliday. This property is identified with P.I.N. 27-A-72 in the
Frederick County Planning Commission
Minutes of October 1, 1997 Page 101
-3-
Gainesboro Magisterial District.
Action - Recommended Approval with Conditions
Mr. Eric Lawrence, Planner Il, said that about one year ago the Polings received approval to
operate an antique shop (G&E Antiques) at their residence on Whitacre Road. Mr. Lawrence stated that a site
plan was approved and a building constructed, and they have been operating approximately three to four months.
Mr. Lawrence said that the Polings feel that the business traffic is not as great as they anticipated and they are
requesting approval to erect two off -premise business signs on Route 50, indicating their business on Whitacre
Road.
Mr_ Lawrence said that after the staff's comments had already been sent to the Planning
Commission, the staff received a call from VDOT's Staunton Office informing the staff that off -premise
business signs were not permitted on Route 50, if they exceed two square feet. Mr. Lawrence explained that
Route 50 is considered a Federal "A" Primary Road and based on Virginia Outdoor Advertising Laws, signs
exceeding two square feet are prohibited. Mr. Lawrence said that Mr. Poling has agreed to modify his
applications from two 12 -square foot signs to two two -square foot signs. He added that the County ordinance
requires the sign to be placed at least ten feet off the road right-of-way, be no greater than eight feet in height,
and no closer to any other sign than 50 feet. Mr. Lawrence said that both he and Mr. Poling have been at the
proposed locations and feel that all the requirements can be met.
Members of the Commission were concerned that a sign of only two square feet might not meet
Mr. Poling's needs. They asked the staff if a larger sign could be erected by Mr. Poling, if a special permit was
applied for from the State.
Mr. Lawrence explained that the Virginia Outdoor Advertising Law states that you may only
have a sign on your property that exceeds two square feet if it is on a business -zoned property with an operating
business, basically, you may have your business sign, but you cannot have an off -premise sign. He added that
VDOT explained that all of the existing billboards along Route 50 were grandfathered (been in existence for 25-
30 years).
Mr. Gams Poling was available to answer questions from the Commission.
There were no public comments.
No other areas of concern were raised by the Commission.
Upon motion made by Mr. Romine and seconded by Mr. Wilson,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend
approval of Conditional Use Permit #014-97 of Gam's and Eva Poling for a two -square foot off -premise business
sign to be located on the northern side of Route 50 West, just east of Whitacre Road, on property owned by
Stephen and John Holliday (P.I.N. 27-A-72) in the Gainesboro District with the following conditions:
If the business being advertised ceases operation, the sign must be removed.
Review agency comments must be complied with at all times_
Frederick County Planning Commission
Minutes of October 1, 1997 Page 102
-4 -
Conditional Use Permit #015-97 of Garris and Eva Poling for an off -premise business sign located on the
northern side of Route 50 West, just west of Whitacre Road, on property zoned RA (Rural Areas) and
owned by Charles and Ruth Hale. This property is identified with P.I.N. 27-A-58 in the Gainesboro
Magisterial District.
Action - Recommended Approval with Conditions
Mr. Lawrence stated that this is the same applicant and scenario as the previous application, but
is a different property location. Mr. Lawrence said that this property is owned by Charles and Ruth Hale and is
located just west of the intersection of Whitacre Road and Route 50 West. He noted that all the same conditions
will apply to this additional sign.
Mr. Gams Poling was available to answer questions from the Commission.
There were no citizen comments.
No areas of concern were raised by the Commission.
Upon motion made by Mr. Miller and seconded by Mr. Stone,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend
approval of Conditional Use Permit #015-97 of Garris and Eva Poling for a two -square foot off -premise business
sign to be located on the northern side of Route 50 West, just west of Whitacre Road, on property owned by
Charles and Ruth Hale (P.IN. 27-A-58) in the Gainesboro Magisterial District with the following conditions:
.If the business being advertised ceases operation, the sign must be removed.
2. Review agency comments must be complied with at all times.
Rezoning Application #004-97 of Eastgate II by Jasbo, Inc. to rezone 2.5927 acres from RA (Rural Areas)
to M1 (Light Industrial). This property is located at the southwest corner of Tasker Road (relocated
Route 642) and Marcel Drive at the Eastgate Commerce Center and is identified with P.I.N. 76 -A -48A
in the Shawnee Magisterial District.
Action - Recommended Approval with Proffers
Highlights of the staff report given by Evan Wyatt, Deputy Director, included: the property is
located outside of the Urban Development Area (UDA), but does qualify for inclusion in the Sewer and Water
Service Area (SWSA); the property's 533' of road frontage along Tasker Road would permit the installation of
a commercial entrance meeting the spacing requirements from Marcel Drive; the property has the ability to be
served by public water and sewer facilities; the applicant has submitted a proffer statement which provides for
Frederick County Planning Commission
Minutes of October 1, 1997 Page 103
-5-
a 30' road efficiency buffer with landscaping along Tasker Road, future improvements to Tasker Road as
warranted by VDOT, and a monetary contribution that is consistent with the results of the Capital Facilities
Impact Model. Mr. Wyatt stated that the staff believed the most significant impact associated with the rezoning
was the additional traffic generation on Tasker Road.
Mr. Stephen M. Gyurisin with G. W. Clifford & Associates, the design engineers for this project,
said that this property was a remnant left over when new Tasker Road (new Rt. 642) and the road that goes back
to Jouan were created. He said that this rezoning fits in with the Eastgate rezonings approved last month. Mr.
Gyurisin said that they will do a traffic study for VDOT based on a specific use, when that use is proposed for
the site, and all improvements to Tasker Road would be completed as VDOT desires. Mr. Gyurisin added that
they have proffered a 30' buffer, in conformance with the remainder of the development, along Tasker Road.
Chairman DeHaven pointed out that Tasker Road is on an 80' right-of-way at present; and the
State predicts that at some point in time, it may be necessary to go to a five -lane typical section. Chairman
DeHaven inquired as to how much right-of-way that would require. Mr. Gyurisin replied that the 80' right-of-
way would accommodate the five -lane typical section.
There were no public comments.
No other issues were raised by the Commission.
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 #004-97 of Eastgate II by Jasbo, Inc. to rezone 2.5927 acres from RA (Rural
Areas) to M1 (Light Industrial) with proffers as submitted by the applicant and with all agency review comments
addressed.
DISCUSSION OF FLEX -TECH DEVELOPMENT CONCEPT
Eric Lawrence, Planner II, said that the Development Review & Regulations Subcommittee's
recommendation is that Flex -Tech development should be included within the existing B2, B3, and Ml Zoning
Districts. Mr. Lawrence said that with that recommendation in mind, the staff will be working on a draft of
performance standards which would address the Flex -Tech use within each of the three districts and will address
parking, landscaping, buffering and screening, and types of land uses permitted. He explained that the idea
behind Flex -Tech is to incorporate small percentages of retail within the M 1 District and a small percentage of
warehousing/manufacturing in the B2 District.
Mr. Lawrence said that the overall goal of the staff is to bring the information back to the
Planning Commission by the end of November or beginning of December and have standards adopted by either
the end of 1997 or the beginning of 1998.
Frederick County Planning Commission
Minutes of October 1, 1997 Page 104
ADJOURNMENT
unanimous vote.
No further business remained to be discussed and the meeting adjourned at 8:00 p.m. by
Respectfully submitted,
Kris C. Tierney, Secretary
Charles S. DeHaven, Chairman
Frederick County Planning Commission
Minutes of October 1, 1997 Page 105
BIMONTHLY REPORT OF PENDING APPLICATIONS
(printed October 23, 1997)
A lic
anon -newly Submitted.
m'
PP
tted.
REZONINGS:
Eastgate II (REZ X004-97)
Shawnee
F2.5927 ac. from RA to Ml
Location:
So. West corner of Tasker Road (relocated Rt. 642) & Marcel Drive
at the East ate Commerce Center
Submitted:
08/12/97
PC Review:
10/01/97 - Recommended Approval
BOS Review:
10/22/97 - Approved with Proffers
MASTER DEVELOPMENT PLANS:
Westridge III (MDP //006-97)
Back Creek
19 S.F. Detached Urban Residential
Lots on 9.81 ac. (RP)
Location:
Adjacent to the Westridge Subd. (Sec. I & II) w/ access from West
View Lane via Middle Road (Rt. 628) in the City.
Submitted:
09/22/97
PC Review:
10/15/97
BOS Review:
11/12/97 - tentatively scheduled
Admin. Approved:
pendin
Eastgate Commerce Center
(MDP /#005-97)
Shawnee
Commercial/Industrial uses on 135.99
ac. of 235.75 ac. tract (132, B3, MI)
Location:
East side of Rt. 522 So. at the intersection of relocated Rt. 642.
Submitted:
06/06/97
PC Review:
07/02/97 - reconunended approval
BOS Review:LPer
13197 -approved
Administrative! Approved:
dincompletion of review agency comments,
Woodbrook Village
(MDP #004-97)
Back Creek
82 s.f. cluster & 81 multi-plex. units on
1 42.50 acres (RP)
Location:
South side of Opeguon Church Lane at Kemstown
Submitted:
05/09/97
PC Review:
09/03/97 - rec. approval upon resolution of transportation issues.
BOS Review:
09/24/97 -approved
Adminstrativel Approved:
Pending completion of review agency comments.
SUBDIVISIONS:
Briarwood Estates (SUB #011-97)
Stonewall
Subdivision of 9.79 acres for 20 S.F.
Det. Traditional Lots (RP)
Location:
East side of Greenwood Rd.(Rt. 656)
Submitted:
09/26/97 (Replaces Subdiv. #001-94)
MDP #005-93
Approved by BOS on 12/8/93
Subd. Admin. Approved:
Pending
Star Fort, Sect. 1I (SUB #010-97)
Stonewall Subdivision of 11.6182 ac. for 26 s.f.
detached traditional lots
Location:
U.S. Rt. 522 and VA Rt. 832
Submitted:
09/16/97
MDP #004-94
Approved by BOS 09/14/94; Admin. Approved 04/10/95
Subd. Admin. A roved:
Pending
Lenoir City Co. Lot 2; Stonewall
Indust. Pk. (SUB #007-97)
Gainesboro Subdivision of a 2.6584 ac. lot (Ml)
Location:
McGhee Rd. (Rt. 861); approx. 1,000' from Tyson Dr. intersection
Submitted:
07/28/97
MDP #006-93
Approved by BOS 07/14/93; Admin. Approved 07/28/93
Subd. Admin. Approved
Pendin
Dominion Knolls (SUB #005-97)
Stonewall 75 s.f. zero lot line lots on 20.278 ac.
(RP)
Location:
So.west comer of Baker La. (Rt. 1200) & Ft. Collier Rd. (Rt. 1322)
Submitted:
05/16/97
MDP #001-97
Approved by BOS 04109/97; Admin. Approved 06/30/97
Subd. Admin. A roved:
Pending
Lenoir City Co. of Virginia
(SUB #003-97)
Gainesboro 1 M1 Lot (2.000 acres)
Location:
Stonewall Industrial Pk.; McGhee Rd. (Rt. 861), approx. 700' west
of the McGhee Rd. and Tyson Dr. intersection.
Submitted:
05/15/97
MDP #006-93:
Approved by BOS 07/14/93; Admin. Approved 07/28/93
Admin. Approved:
L Pending
Winc-Fred Co. IDC (SUB)
Back Creek
2 MI Lots (0.552 acres & 20.285 acres)
Location:
Southeast side of Development Lane
Submitted:
09/08/95
MDP #003-87:
Approved by BOS 07/08/87; Admin. Approved 06/08/88
Pending Admin. Approval
Awaiting signed plats.
RT&T Partnership (SUB)
Back Creek
1 Lot - 29.6 Acres (B2)
Location:
VaUey Pike (Rt. 11 So.)
Submitted:
05/17/95
MDP #003-91
Approved b BOS 07/10/91; Admin. Approved 09/03/91
PendingAdmin. Approval:
Awaitin submission of si ed 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 - a roved
Pending Admin. Appr2j2L____Jj
Awaiting deed of dedication, letter of credit, and signed plat
LIFI-arry Stimpson (SUB)
Opeguou
Two B2 Lots
Location:
Town Run Lane
Submitted:
09/23/94
PC Review:
10/19/94 - recommended approval
BOS Review:
10/26/94 - a roved
Pending Admin. Approval.
Awaiting signed plat.
SITE PLANS:
Datalux Corp. (SP #034-97)
Shawnee —rParking
Lot Expansion; 1.671 ac. (M1)
Location:
155 Aviation Drive
Submitted:
09/25/97
Approved.
October 14, 1997
Valley Cycle Center (SP #033-97) Shawnee 16,000 s.f. bldg. for retail sales; 2 ac.
disturbed on a 2.0579 ac. site (B2)
Location: Westview Business Center; Lot A; Approx. 2 miles east of I-81 on
Rt. 50 at Independence Drive
Submitted: 09/23/97
_Approved: Pending
Lenoir City Co. of Virginia
(SP #032-97)
Gainesboro 1-50,000 sq. ft. Office/Warehouse on 6.5
ac. (Ml)
Location:
Lot 31, Stonewall Indust.Pk; So.East corner of McGhee Rd. &
Lenoir Dr. intersection
Submitted:
08/21/97
Approved:
Pending
Old Stone Restaurant & Truck
Stop (SP #031-97)
Stonewall
Fuel Canopy Addition (B2)
Location:
3425 Martinsburg Pike (SW comer Rt. 11 & Rt. 672)
Submitted:
08/13/97
Approved.
10/01/97
Dr. Fairman Veterinary Office
(SP #029-97)
Stonewall
4,272 sq ft Veterinary Office on 1.4962
ac. parcel (B2)
Location:
1092 Hopewell Road
Submitted:
07/25/97
Approved:
Pending
Mobil-Wendys Rt. SOW Conven.
Center (SP #026-97)
Back Creek Gas-Conven. Cntr.; 3,783 sq ft floor
area; 1.072 ac. site disturbed (RA)
Location:
Rt. 50 West
Submitted:
07/23/97
Approved:
Pending
Seo Property (SP #025-97)
Shawnee
Video Store in existing bldg.;
2.04 ac. (Bl)
Location:
Front Royal Pike
Submitted:
07/23/97
Approved:
Pending
Ellis Self -Storage (SP #024-97)
Stonewall
3 additional self -storage bldgs; 9.211
ac. parcel disturbed; (MI)
Location:
Intersection of Routes 761 & 664
Submitted:
07/03/97
Approved:
Pending
Roundball #6 (SP #023-97)
Gainesboro
1,750 s.f. office; 80,500 s.f. warehse
Phase I; 80,500 s.f. warehse Phase II;
10.0 ac. distrb. of 10.0159 ac. site (MI)
Location:
Tyson Drive
rox. 2,500' so. of the Rt. 37/I-81 Interch .
Submitted:
06/30/97
Pending
Approved:
Pending
Agape Christian Fellowship
Church Sanctuary(SP #005-97)
awnee
Church Expansion; 2.5 ac. to be
developedof a 29.5115 ac. site (RA)
Location:
t side of Rt. 642; a
[02/12/97
rox. 2,500' so. of the Rt. 37/I-81 Interch .
Submitted:
Pending
A roved•
ding
Shenandoah Bldg. Supply
(SP #056-96)
Gainesboro
Warehouse on 5 acres (M1)
Location:
195 Lenoir Drive (Stonewall Industrial Paris)
Submitted:
12/16/96
Approved.
Pending
Stimpson/Rt. 277 Oil & Lube
Service (SP #030-96)
Stonewall
Oil & Lube Serv., Car Wash, Drive -
Thru on 2.97 ac. (B2)
Location:
Pk. (behind Red Apple CountryStore)
F07/O3/96
Submitted:
05/23/96
A roved:
Flying J Travel Plaza (SP #026-
96)
Stonewall
Travel Plaza on 15 acres (B3)
Location:
S.W. corner of the intersection of I-81 & Rt. 669
Submitted:
05/23/96
A roved:
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
IApproved: I
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 #051-95)
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 (RS)
Location:
So. West of Double Tollgate; adj. & west of Rt. 522
Submitted:
09/12/89
Note:
Being held atapplicant's request.
Flex Tech (SP #057-90)
Stonewall Ml Use on 11 Ac. (loll)
Location:
East side of Ft. Collier Rd.
Submitted:
10/25/90
Note:
Being held at applicant's request.
CONDITIONAL USE PERMITS
Garris & Eva Poling
(CUP #014-97)
Gainesboro
12" X 24" Off -Premise Sign on Route
50 West
Located:
Route 50 West, on P.I.N. 27-A-72
Submitted:
09/05/97
PC Review:
10/01/97 - Recommended approval of a 2 sq. ft. si w/ conditions
BOS Review:
10/22/97 - Approved with conditions
Garris & Eva Poling
(CUP #015-97)
Gainesboro
12" X 24" Off -Premise Sign on Route
50 West
Located:
Route 50 West, on P.I.N. 27-A-58
Submitted:
09/05/97
PC Review:
10/01/97 - Recommended approval of a 2 sq.ft. sign w/ conditions
BOS Review:
10/22/97 - Approved with conditions
Lisa A. Drinkwater
(CUP #013-97)
Opequon
Kennel (RA)
Location:
1571 Salem Church Rd. (Rt. 735)
Submitted:
08/06/97
PC Review:
09/03/97 - recommended approval with conditions
BOS Review:
10/07/97 - approved with conditions
Michael M. Milam (CUP #012-97)
Gainesboro
I Landscaping Business (RA)
Location:
Rt. 50W, right on Round Hill Road, 1/4 mile into orchard.
Submitted:
08/04/97
PC Review:
09/03/97 - recommended approval with conditions
BOS Review:
10/07/97 - a roved with conditions.
T. P. & Susan Goodman
(CUP #010-97)
Stonewall
Social Center, Outdoor Recreation
Center, Catered Functions, Tours,
Meetings, Etc. (RA)
Location:
534 Redbud Road
Submitted:
06/09/97
PC Review:
09/03/97 - recommended approval with conditions
BOS Review: IL
10/07/97 - tabled until November
BZA VARIANCES:
Lloyd & Gail Winters
(VAR #015-97)
Stonewall
5' side yd variance for addition to
existing detached garage
Location:
253 Ruebuck Road. Clearbrook
Submitted:
09/16/97
BZA Review:
10/21/97 - tabled until 11/18/97
10
PC REVIEW: 11/5/97
BOS REVIEW: 12/10/97
CONDITIONAL USE PERMIT #016-97
JOYCE M. BRINKLOW
Cottage Occupation - Indoor Bargain Shop
LOCATION: This property is located at 8421 Valley Pike, south of Middletown.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 90-A-55
PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) District; Land Use:
Residential
ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas)and B 1 (Business
Neighborhood) Districts; Land Use: Residential, vacant, museum/visitor center, battlefield.
PROPOSED USE: Cottage Occupation - Indoor Bargain Shop
REVIEW EVALUATIONS:
Virgrinia 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 standards to allow for safe egress and ingress of the property.
Any work performed on the State's right-of-way must be covered under 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.
The building shall have access and parking in accordance with CABO A117.1-92,
Accessible and Useable Buildings and Facilities. Please submit a floor plan of existing
building when application is made for Change of Use permit. A certificate to occupy the
new use shall be issued before this is open to the public.
Joyce M. Brinklow - CUP #016-97
Page 2
October 24, 1997
Fire Marshal: Access to all structures (for emergency vehicles) must be maintained at all
times.
Health Department: No objections if. 1) No employees other than business owner; 2) No
public restrooms; 3) No water available for public consumption; 4) No additions to the
business shed.
Planning and Zoning: The proposed use will be located in an existing building
approximately 14' x 20' in size. Storage has been the previous use of the building. Some
modifications will be required for a change of use to comply with Inspections Department
comments. VDOT is recommending a commercial entrance via their comments. A
commercial entrance on an urban road is different than on a secondary road. The
commercial entrance, along with a suitable parking area, is needed at the site. A (minor) site
plan requirement has been discussed with the applicant which will address the pattern of
traffic in, on, and off the property.
This site is adjoining a commercially zoned property and is in close proximity to industrially
zoned property. The applicant has requested indoor and outdoor display as per their
application. Staff has a concern for allowing for outdoor display which distracts the passing
motorist, and most often presents a clutter picture at the site (i.e. yard sale).
Staff recommends all review comments are complied with to ensure that the proposed use
does not change the character and established pattern of development of the area.
Staff Recommendation for 11/5/97: Staff recommends approval of this request with the
following conditions:
All review agency comments shall be complied with.
2. A (minor) site plan shall be approved prior to occupancy of the site.
3. Applicant limited to a single four (4) square foot sign.
4. Only members of the household shall be employed at the facility.
eae f W'9"
5. Any expansion of the building will require a new conditional use permit application.
G. Ido 'Oj"C' J 41
j ton
O:\AGENDAS\COMMENTS\BRIN RLO W.CUP
Submittal Deadline
P/C Meeting
BOS Meeting
APPLICATION FOR CONDITIONAL USE PERMIT
FREDERICK COUNTY, VIRGINIA
!0 -lo -q
-s=177
-io-97
1. Applicant (The applicant if the owner other)
NAME: 7�,� u G e 13 Imo/-Lcs c�
ADDRESS: 0A LL
TELEPHONEr
2. Please list all owners, occupants, or parties fn interest of
the property:
2) 1 A ,> C, A r (7 ► ,� ii
3. The property is located at: (please give exact directions and
include the route number of your road or street)
�iLgyu UALLddZ ys_
VSS- 13 -A u e -C p A 7T
4. The property has a road frontage of jl�S"r�ci �-;i ufeet and a
depth of ggq peer feet and consists of acres.
(Please be exact)
5. The property is owned by j'�` A�,r �, fSD f ?.v Q 1'' as
evidenced by deed from e' IA r,5A 4L d e 651- t ?C � recorded
(previous owner)
in deed book no./6 on page 60 q, as recorded in the
records of the Clerk of the Circuit Court, County of
Frederick.
6. 14 -Digit Property Identification No. _6LO,_ A _
Magisterial Districtu , ,, �, ,.� a ���, � F ��g� rc e,�
Current Zoning /2
7. Adjoining Property:
USE ZONING
North e S.'�/ e. w 4 -
East
East t1 ftG 4 -4I
South A -i k f y ;5- le r G c,
West ��7TLr rLc1 R6
8. The type of use proposed is (consult with the Planning Dept.
before completing) L 0-tTay- 6CIA
e- -ri i L 5'Ya r ie
9. It is proposed that the following buildings will be
constructed: 1—',' t � i S r 1` r%:a b 4; Lot .' rl ci
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 �rn�c L. ADDRESS
PROPERTY ID# qQ
NAME S -J.4R a r� �� i3 a f. t. - a GI r�
-r gz 6*'4 $! ADDRESS
PROPERTY ID#
--Iq7 ,.c? --,9 L TR sr r -or
NAME i,, S ya 6 � ADDRESS
PROPERTY ID# tJ -- 4
gNvGf G1 .? y 12, A' e
o. 13o t � y
L�1iS1�J1Lf i 42
e.a z Q A iT1� r, -eLa j�;'.O, C aX i
NAME r7 « l T.�. n n ADDRESS
PROPERTY ID#
NAME ADDRESS
PROPERTY ID#
NAME
PROPERTY ID#
NAME
PROPERTY ID#
NAME
PROPERTY ID#
ADDRESS
ADDRESS
ADDRESS
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.
Tra-51 %vr HiTvi',G
f
LIrr'Ue-
12. Additional comments, if any: r, -s.-Je. jb a cnc,5 h
,
�J n rvi @ 0 v J o c ni P I Ci All PP1 Pie' Iia n ri C n z i t�> •Q. P 0 4
.,., ., M a•- �-b, e Q -� 1., r,. Pp a ,. . 5 I-. oD h c(11 ' lei b a
7 0 s k.
• ..� C c r6 y n (• a �' C 7r .� . 6 n , e Ci C � r n � r.Q, 0 `7 � � P mi S 5 Q�
� 1 _
a e t� i �, �'i P :� i) �• h ciC . �. i; P C� fl o ri m b �„ rl q i n 5 in 6 C�
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/ ;�
c
Signature of Owner
Owners' Mailing Address y j L"/-? ; {o "', ``,C/ V.9- :2-ZE y
Owners' Telephone No. -,?-6� q- a -y I :21
TO BE COMPLETED BY ZONING ADMINISTRATOR:
USE CODE:
RENEWAL DATE:
PC REVIEW: 11/5/97
BOS REVIEW: 12/10/97
CONDITIONAL USE PERMIT #017-97
ELIZABETH T. ROBINSON
Cottage Occupation/Crafts, Decorating Lessons, Cooking Demonstrations, etc.
LOCATION: This property is located at 4468 Middle Road.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 74-A-2
PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) District; Land Use:
Residential
ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas)District; Land Use:
Agricultural and Orchard.
PROPOSED USE: Cottage Occupation/Crafts, Decorating Lessons, Cooking Demonstrations,
etc.
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: No objection to a 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: Building shall comply with Virginia Uniform Statewide Building
Code and Section 304, Use Group B (Business) of the BOCA National Building Code. Other
codes that apply are CABO A117.1-92 Accessible and Useable Buildings and Facilities.
Please submit a floor plan of the area at the time of building permit application for change of
use.
Fire Marshal: No comments.
Elizabeth Robinson CUP #017-97
Page 2
October 23, 1997
Health De artment: See attached letter dated 9/29/97from John Dailey, Environmental
Health Specialist.
Planning and Zoning:
Within the RA (Rural Area) zoning district, cottage occupations are permitted with the
issuance of a conditional use permit. The craft lessons/cooking demonstration business
proposed by the applicant meets the requirements for a cottage occupation and would,
therefore, be permitted with an approved conditional use permit.
Staff believes that establishing this cottage occupation would not have a negative impact upon
the surrounding neighborhood. The adjoining properties are in orchard and agricultural use.
When considering the scale of the proposed business, it will clearly be incidental to the
existing residence.
Mrs. Robinson has stated that group sizes will be limited to a maximum of ten (10) persons.
This number is consistent with that established by the Health Department in comment 43 of
their letter. The applicant will be required, by the building official, to comply with any building
code and accessibility issues. Staff would concur with VDOT in that the existing entrance to
the property is sufficient for the proposed use. Furthermore, the existing driveway is in
excellent condition and is more than large enough to accommodate parking for the limited
number of cars generated by this business. However, staff believes that an additional area of
asphalt should be provided on the applicant's property toward the bottom of the driveway to
ensure that vehicles have the ability to turn around without reversing into the road right-of-
way.
Staff Recommendation for 11/5/97: Staff recommends approval of this request with the following
conditions:
All review agency comments are complied with.
2. The applicant is to install an area of additional asphalt toward the bottom of the
driveway to allow for vehicle turnaround on the property. A sketch plan should be
reviewed by staff to determine how this will be accomplished.
3. Any expansion of the proposed facility or use will require a new Conditional Use
Permit.
4. Only members of the household shall be employed at the facility.
0: AGENDAS\COMMENTS\ROBINSON CCP
Lord Fairfax Environmental Health Listrict
107 N. Kent St.
4
' 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
September 29, 1997
Department of Planning and Development
107 North Kent St.
Winchester, Va. 22601
RE: Request for Comments, Elizabeth Robinson's Conditional Use Application;
4468 Middle Rd., Tax Map# 74-A-2.
Dear Sir:
The Frederick County Health Dept. has no objections to Ms. Robinson's proposed conditional use
subject to the following conditions:
I. The occupancy of the house is limited to four full-time residents.
2. Ms. Robinson is the only employee of the business.
3. Class size is limited to a maximum of 10 students for a maximum of 8 hours per day.
4. No food is provided for public consumption unless a food service permit from the health
dept. is obtained.
If you have any questions concerning above, call me at 722-3480.
Sincerely,
John Dailey
Environmental Health Specialist
cc: Elizabeth Robinson
CUP #017-97 PIN: 74-A-2
Elizabeth Robinson
Rs;�lf
Submittal Deadlinel0/10/9"7
P/C Meeting 11-77797
BOS Meeting /Z _ -q7
APPLICATION FOR CONDITIONAL USE PERMIT
FREDERICK COUNTY, VIRGINIA
1. Applicant (The applicant it the xx owner other)
NAME: Elizabeth Robinson
ADDRESS: 4468 Middle Road Winchester Va. 22602-2763
TELEPHONE 540-869-9032
2. Please list all owners, occupants, or parties in interest of
the property:
Flizab h Robinson
3. The property is located at: (please give exact directions and
include the route number of your road or street)
4 mi west from the intersection of Middle Road ( Rt 628) and
Valley Ave. ( Rt 11 )._on Right side of Road
4. The property has a road frontage of 150.21 feet and a
depth of 324.8.9 feet and consists of 1.36 acres.
(Please be exact)
5 . The property is owned byG-� 't)eth r_Al� _RJIII as
evidenced by deed from Ravmond and Tanya Lonq recorded
(previous owner)
in deed book no. 874 on page 686 , as recorded in the
records of the Clerk of the Circuit Court, County of
Frederick.
6. 14 -Digit Property Identification No.74000A00000000-1
Magisterial District Back Creek
3 -Current Zoning ResidentialAcriculture
7. Adjoining
North
East
South
West
Property:
USE
Vacant Field-Acrriculture
Orchard RA
Orchard RA
House 11 ac/Vacant lot RA
immediate west
ZONING
RA
8. The type of use proposed is (consult with the Planning Dept.
before camp leting)C ot tage Industry- craft,, decorating lessons
cooking demostrations, how-to's
SEE ATTACHED LETTER
9. It is proposed that the following buildings will be
constructed: NoNE
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 Mr Ms Vernon West ADDRESS 4536 Middle Road
Winchester, Va22602
PROPERTY ID# 74 -A -1A
NAME Ruth Carson Gregory _ ADDRESS 4338 Middle Road
PROPERTY YD# 67,-A-34 Winchester, Va. 22602
NAME Keller Robinson ADDRESS 112 N. Cameron St-
winchester, Va 27.601
PROPERTY ID# 74- A -A3
NAME
PROPERTY 1D#
ADDRESS
NAME ADDRESS
PROPERTY ID#
NAME ADDRESS
PROPERTY ID#
NAME
PROPERTY ID#
ADDRESS
NAME ADDRESS
PROPERTY ID#
12. Additional comments, if any:kZ_Q feel we aro n-rmrir9i�-g a
needed service and = are contri �: j na to t-hP cnmm„n; t-:
with-
this service and this may bring visitors to Frederick Counts.
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 place:
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 propose,
use will he conducted.
Signature of Applicant (,X1,,
Signature of owner
r
Owners' Mailing Address
Owners' Telephone Nc.
TO BE COMPLETED BY ZONING ADMINISTRATOR:
USE CODE:
RENEWAL DATE:
MHRSH&LEIi"E
F 703-667-U469 Feb 07 11:01
3. IRF - IRON ROD FOUND
I HEREBY CERTIFY THAT THE INFORMATION
IPF - IRON PIPE FOUND
SHOWN ON THIS PLAT IS BASED ON AN ACTUAL
IRS - IRON ROD SET
FIELD SURVEY MADE UNDER MY SUPERVISION ON
— X-- RAIL FENCE
FEBRUARY 6, 1997 AND THERE ARE NO
N/f-
ENCROACHMENTS OR VISIBLE EASEMENTS UNLESS
— C— - CHA1N LINK FENCE
SHOWN.
hFsr
DOUGLAS C. GE, .
FLOOD NOTE - ZONE: C COMMUNITY NO: 510063 PANEL: 017508 DATE: 7/17/78
IPF
DATE: 7 FEBRUARY 1997 1 SCALE: 1" = 60' 1 DWG. #HL74468
/
,I,Tli OF
BUILDING LOCATION SURVEY
181.67'
O�
4468 MIDDLE ROAD
r
P.I.N. 74-A-2
IR.
BACK CREEK MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA
DodGLAS C.
MA�tsH & LEGE
No. 001197
oll Z/7/q7 04
\��
(7 1�uLand Surveyor-' PJ -C. _
�p
WOODEN
—1- r.../tem(A,nr;a
^Q,
SHED
�ry
l\
NAIL Ae
a
n
^
WASHER
P.I.N. 74-A-2
FOUND
1.3647 ACRES
I
I
ry�
52.3
�O
ty
c°o
WOODEN
W
#4468 SHED
ONE STORY
I
BRICK do FRAME
DWELLING
o ASPHALT ;Q
WELL RIVEWA 7
P
w
X -)~ 50�
-� IRs R,3047.70,
J:75 0Tp INTX.
VA. SEC • KTE. 62
OCKSKILLET LANE MIDDLE R0AD
(VARIABLE WIDTH R/W)
NOTES:
1. NO TITLE REPORT FURNISHED. SURVEYOR'S CERTIFICATE
2. EASEMENTS OTHER THAN SHOWN MAY EXIST.
3. IRF - IRON ROD FOUND
I HEREBY CERTIFY THAT THE INFORMATION
IPF - IRON PIPE FOUND
SHOWN ON THIS PLAT IS BASED ON AN ACTUAL
IRS - IRON ROD SET
FIELD SURVEY MADE UNDER MY SUPERVISION ON
— X-- RAIL FENCE
FEBRUARY 6, 1997 AND THERE ARE NO
— W-- - WIRE FENCE
ENCROACHMENTS OR VISIBLE EASEMENTS UNLESS
— C— - CHA1N LINK FENCE
SHOWN.
GL�q llLG
DOUGLAS C. GE, .
FLOOD NOTE - ZONE: C COMMUNITY NO: 510063 PANEL: 017508 DATE: 7/17/78
DATE: 7 FEBRUARY 1997 1 SCALE: 1" = 60' 1 DWG. #HL74468
,I,Tli OF
BUILDING LOCATION SURVEY
� fp
OF THE PREMISES LOCATED AT
O�
4468 MIDDLE ROAD
r
P.I.N. 74-A-2
,J��
BACK CREEK MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA
DodGLAS C.
MA�tsH & LEGE
No. 001197
oll Z/7/q7 04
\��
(7 1�uLand Surveyor-' PJ -C. _
139 North Cameron Street Wtncheeter. V lrytnla 22601 %
—1- r.../tem(A,nr;a