PC 09-03-97 Meeting Agenda0
AGENDA
FREDERICK COUNTY PLANNING COMMISSION
The Board Room
Frederick County Administration Building
Winchester, Virginia
SEPTEMBER 3, 1997
7:00 P.M. CALL TO ORDER TAB
1) Bi -Monthly Report .................................................. A
2) Committee Reports ................................................. B
3) Citizen Comments .................................................. C
��°► 6fA�gy,� ?
v PUBLIC HEARING
4) Conditional Use Permit #010-97 of T. P. and Susan Goodman to conduct the
following activities: social center, catered functions, tours, meetings, outdoor recreation,
etc. The property is located at 534 Redbud Road and is identified with Property
Identification Number 54-A-87 in the Stonewall Magisterial District.
(Mr.Evans)....................................................... D
5) Conditional Use Permit #012-97 of Michael M. Milam to operate a landscaping and
garden center business. The property is located at 2186 Northwestern Pike and is
identified with Property Identification Number 52 -A -B in the Gainesboro District.
(Mr. Evans) ....................................................... E
6) Conditional Use Permit #013-97 of Lisa A. Drinkwater to operate a dog kennel
(without boarding). The property is located at 1571 Salem Church Road and is identified
with Property Identification Number 92-A-47 in the Opequon Magisterial District.
(Mr. Evans) ....................................................... F
PA
7) Route 37 Land Use Plan - A Land Use Plan for the Route 37 West area, from Route
522 North to Route 50 West. Among other things, the plan recommends the extension
of the Sewer and Water Service Area to encompass a portion of the study area and
identifies needed road connections and improvements.
(Mr. Lawrence) .................................................... G
8) Other
Q-
BIMONTHLY REPORT OF PENDING APPLICATIONS
(printed August 22, 1997)
Application newly submi
tted
REZONINGS:
Westridge, Section III
(REZ #003-97)
Back Creek
9.81 ac. from RA to RP for 25 s.f.
detached homes
Location:
End of West View Lane on the west side of Middle Rd. (Rt. 628)
Submitted:
07/16/97
PC Review:
08/06/97
BOS Review:
09/10/97
Eastgate Commerce Center
(REZ #002-97)
Shawnee
RA - 79.00 ac.; B2 - 51.96 ac.
B3 - 21.10 ac.; MI - 51.83 ac.
Location:
Intersection of Front Royal Pk (Rt. 522 So.) & Tasker Dr. (Rt. 642)
Submitted:
06/09/97
PC Review:
07/02/97 - recommended approval
BOS Review:
08/13/97 - approved with proffers
MASTER DEVELOPMENT PLANS:
Eastgate Commerce Center
(MDP #005-97)
Shawnee
Commercial/Industrial uses on 135.99
ac. of 235.75 ac. tract (B2, B3, Ml)
Location:
East side of Rt. 522 So. at the intersection of relocated Rt. 642.
Submitted:
06/06/97
PC Review:
07/02/97 - recommended approval
BOS Review:
08/13/97 -approved
Administrative) Approved:
[Pending completion of review agency comments.
Woodbrook Village
(MDP #004-97)
Back Creek
82 s.f. cluster & 81 multi-plex. units on
42.50 acres (RP)
Location:
South side of Ope uon Church Lane at Kernstown
Submitted:
05/09/97
PC Review:
07/16/97 - rec. approval upon resolution of transportation issues.
BOS Review:
09/10/97 - tentatively scheduled
SUBDIVISIONS:
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
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
Subd. Admin. Approved:
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 07/28/93
Admin. Approved:
Pending
Winc-Fred Co. IDC (SUB)
Back Creek
2 MI Lots (0.552 acres & 20.285 acres)
Location:
Southeast side of Development Lane
Submitted:
09/08/95
MDP #003-87:
Approved 07/08/87
Pending Admin. Approval
Awaiting signed plats.
RT&T Partnershi (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. A royal:
Being held at applicant's request.
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:
Dr. Fairman Veterinary Office
(SP #029-97)
Stonewall 4,272 sq ft Veterinary Office on 1.4962
1 ac. parcel (B2)
Location:
1092 Hopewell Road
Submitted:
07/25/97
Approved:
Pending
Second Opequon Presbyterian
Church (SP #027-97)
Back Creek District
1,280 sq ft addition on 0.472 ac. site
Location:
107 Miller Road
Submitted:
07/24/97
Approved:
Pending
Mobil-Wendys Rt. 50W Conven.
Center (SP #026-97)
Back Creek
Gas-Conven. Cntr.; 3,783 sq ft floor
area; 1.072 ac. site disturbed (RA)
Location:
Rt. 50 West
Submitted:
07/23/97
Approved:
[Pending
Shawnee Video Store in existing bldg.;
Sproperty (SP 0025-97) 2.04 ac. (Bl)
Location:
Submitted:
A nnroved:
Ellis Self -Storage (SP #024-97)
Location:
Subs_
Approved:
Roundball #6 (SP #023-97)
Locafion
Subs_
Approved:
Front Royal Pike
07/23/97
Stonewall
13 additional self -storage bldgs; 9.211 ac. parcel disturbed; (Ml)
Intersection of Routes 761 & 664
07/03/97
Gainesboro 1,750 s.f. office; 80,500 s.f. warehse
Phase I; 80,500 s.f. warehse Phase H;
10.0 ac. distrb. of 10.0159 ac. site (M
Tyson Drive
06/30/97
Clarke Motors, Inc tSP #020-97) 11 Stonewall
a
,
1659 Ben
tSubmitted:
n: 06/02/97
08/1/927
Agape Christian Fellowship
Church Sanctuary (SP #005
Location:
Submitted:
Approved:
Shawnee
Pike
East side of Rt. 642;
02/12/97
5
Manufactured Office
Church Expansion; 2.5 ac. to be
developed of a 29.5115 ac. site (RA)
,x. 2,500' so. of the Rt. 37/1-81 Interche_
Shenandoah Bldg. Supply
(SP #056-96)
Gainesboro
Warehouse on 5 acres (Ml)
Location:
195 Lenoir Drive (Stonewall Industrial Park)
Submitted:
12/16/96
Approved:
Pending
Stimpson/Rt. 277 Oil & Lube
Service (SP #030-96)
Opequon
Oil & Lube Serv., Car Wash, Drive -
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
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
D.K. Erectors & Maintenance,
Inc. (SP 8051-95)
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; adj. & west of Rt. 522
Submitted:
09/12/89
Note:
Being held at applicant's request.
Flex Tech (SP #057-90)
Stonewall
M1 Use on 11 Ac. (MI)
Location:
East side of Ft. Collier Rd.
Submitted:
10/25/90
Note:
Beuig held at applicant's request.
CONDITIONAL USE PERMITS
Robert R. Sheehan
(CUP #011-97)
Gainesboro
Cottage Occupation/ Sign Shop (RA)
Location:
Ma le Road
Submitted:
07/03/97
PC Review:
08/06/97 - recommended approval
BOS Review:
1
09/10/97
T. P. & Susan Goodman
(CUP #010-97)
Stonewall
Social Center, Outdoor Recreation
Center, Catered Functions, Tours,
Meetings, Etc. (RA)
Location:
534 Redbud Road
Submitted:
Submitted:
06/09/97
07/02/97 - recommended approval
PC Review:
09/03/97
Development in the administration of
BOS Review:
10/08/97 - tentatively scheduled
James K. Powell (CUP #009-97)
Opequon
Office Space & Work Shop for
Plumbing Business (RA)
Location:
6931 Valley Pike
Submitted:
05/19/97
PC Review:
07/02/97 - recommended approval
BOS Review:
09/10/97
BZA APPEALS:
CFJ Properties (VAR #006-97)
Stonewall
Appeal of the determination made by
(Flying J)
the Director of Planning &
Development in the administration of
the Zoning Ordinance.
Location:
1530 Rest Church Road
Submitted:
04/25/97
BZA Review:
05/20/97 Tabled for 90 days per applicant's request to 08/19/97;
(NOTE: Applicant requested withdrawal of application 07/21/97.)
08/19/97 - Withdrawn atapplicant's request.
BZA VARIANCES:
Federal Sign Co. for Flying J
Travel Plaza (VAR #011-97)
Stonewall
26' height variance for a sign (113)
Location:
1530 West Church Road
Submitted:
07/24/97
BZA Review:
08/19/97 - Approved
W. D. Huffman, Trustee,
Cedar Crk Prim Baptist Church
(VAR #010-97)
Back Creek
5' rear yard variance for accessory
structure (RA)
Location:
5754 Cedar Creek Grade
Submitted:
07/22/97
BZA Review:
08/19/97 - Approved
10
Flying J Travel Plaza
Stonewall
Height variance of 20' from 710' to
(VAR #007-97)
730' above sea level and a sign size
variance of 198.95 sq.ft. over the 300
s .ft. allowed.
Location:
1530 Rest Church Rd./ So. West quadrant of I-81 & VA Rt. 669
(Exit 323)
Submitted:
04/29/97
BZA Review:
05/20/97 Tabled for 90 days per applicant's request to 08/19/97;
(NOTE: Applicant requested withdrawal of application 07/21/97.)
08/19/97 - Withdrawn atapplicant's request.
10
PC REVIEW: 9/3/97
BOS REVIEW: 10/8/97
CONDITIONAL USE PERMIT #010-97
T. P. and Susan Goodman
Social Center, Catered Functions, Tours, Meetings, Outdoor Recreation, Etc.
LOCATION: This property is located on 534 Redbud Road,
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER: 54-A-87
PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) District; Land Use:
Residential
ADJOUN ING PROPERTY ZONING & USE: Zoned RA (Rural Areas) and RP (Residential
Performance) District; Land Use: Residential and Agricultural.
PROPOSED USE: Social Center, Catered Functions, Tours, Meetings, Outdoor Recreation
REVTEW EVALUATIONS:
Virginia Dept. 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: See attached letter dated April 11, 1997from John S. Trenary,
Building Official
Fire Marshal: Access to all structures must be ensured at all times, for emergency vehicles.
Health Department: See attached letter dated March 10, 1997 from Frank R. Lee,
Environmental Health Specialist, Sr.
T. P. and Susan Goodman - CUP #010-97
Page 2
August 25, 1997
Q!X of Winchester: Planning fully supports compatible uses which help preserve historic
properties, particularly those which are related to the City -County Battlefield Network.
Historic Resources Advisory Board: The HRAB unanimously recommended that the CUP
be approved. They did not mention imposing any conditions with the permit. Their
comments suggested that the proposed uses would be less destructive to the historic fabric
of the property than other possible uses.
Planning and Zoning: The approval of a conditional use permit is requested by the Goodmans in
order to use the property as a social center, have catered functions which may include weddings and
wedding receptions, corporate retreats, picnics and recreational activities, and other social
gatherings.
Uses proposed for the property are not specifically spelled out in the RA (Rural Areas) listing,
however; the proposed activities have characteristics which are covered by a combination of a
number of those uses listed as conditioned. According to the applicants, all of the functions will be
handled by Encgre.S.Recial Event , a small company with a staff of wedding planners, bakers, chefs,
floral designers, any even managers, as their brochure states.
Staff has concerns with the private entrance in that minimum VDOT site distances are not
obtainable, which would prevent approval of a commercial entrance. The health issues deal with
the evaluation of an existing sewage disposal system, possible expansion of that system, or the
installation of a new system. With the potential of large numbers of people in attendance at the
functions, it is imperative that adequate facilities be provided.
Should large numbers of people attend the functions, adequate parking facilities will be required to
be provided, both for automobiles and buses. There is the potential for heavy traffic flow at times
to and from the property which causes the need to have a commercial entrance and a adequate road
to handle the traffic flow from the entrance to the residence. These issues can be addressed through
the site plan.
Staff would recommend approval of the conditional use permit providing the following concerns
are addressed:
* The applicant work with the Virginia Department of Transportation in locating a suitable
a commercial entrance much needed for the potential automobile and bus traffic.
T. P. and Susan Goodman - CUP #010-97
Page 3
August 25, 1997
* Work with staff on preparing a site plan which would show the entrance, available
parking area for autos and buses, and other required information.
* Obtain Health Department approval for the required sewage system or methods needed
to accommodate the numbers of people that would attend the functions at property.
Staff Recommendation for 9/3/97: Staff recommends approval of this request with the following
conditions suggested:
1. Applicant obtain approval from all agencies, including VDOT of a commercial
entrance, and comply with their comments at all times.
2. Attendance at events be limited to no more thjDaErtmEen$tor;;sewage
including staff, and
the applicant obtain approval from the Health facilities which
will accommodate up to three hundred (300) persons.
J3. Should any form of music be provided at the functions, it shall be between the hours
of 9:00 a.m. and 9:00 p.m.
4. Any change of use or proposed expansion of the facilities shall require a new
conditional use permit and amended site plan.
0:MGEN0ASIC0MMENMC"DMAN2. W PD
CERTIUD
April 11, 1997
Pat and Susan Goodman
Fay Spring Center
534 Redbud Road
Winchester, VA ?2603
RE: Request for a conditional use permit/
Comments from Building Inspections Dept.
Dear Mr. and Mrs. Goodman:
COUNTY of FREDERIC
Inspections Departme
John S. Trenary, Building Off:c
703/665-56
Fax: 703/678-06
In reference to your request for a conditional use permit at the above mentioned site,
information provided in your sales and events brochure lists uses (with the exception of the gift
shop mentioned in your letter) that are classified as A-3 (Assemhly) by the building code,
The Virginia Uniform Statewide Building Code requires all A use to be designed
and/or evaluated by a certified Virginia Architect/Engineer. The code also requires a change of
use on structures when the use is being changed. When changing uses, the structure shall meet
all present codes that are in place. The gift shop would be Use Group M (Merchantile) and
would also have to meet the same requirements.
Plans and permits will be required for all work/remodeling being conducted. Much of
what will be required is based on your occupant load which would be 460 for the house and
barn, not including employees. For example, restrooms for this use would be required to provide
water closets one per 75 for male and one per 75 for female; lavatories are one per 200, both
sexes; drinking fountains are one per 1,000; and one service sink. Handicap requirements shall
comply with ADA specifications, not only for the new work, but also 20 percent of the total cost
for renovation to existing structures. Of course, occupant loads exceeding this number would
add more fixtures, Your brochure allows for up to 1,000 occupants, but not limited to 1,000.
The Building Inspections Department can provide you with an accurate review of all
requirements only when plans are submitted and reviewed. The information above is provided
to give you an overview of what to expect once you begin this process. The department is
available to conduct a special inspection at your request to assess the situation and determine
what wort: would be necessary to come into code compliance.
107 North Dent Street P.O. Box 601
Winchesrer, VA 22601 Winchester, VA :2160-4
Goodman Letter
(Page 2 of 2)
The code information provided in this letter is derived from the following sections of the
VUSBC, Vol. 1, 1993 edition, effective April 1, 1994.
1. Section 101.0, Article 101.1 Adoption of model codes and standards
2. Section 105. 1, Article 105, When a permit is required
3. Section 105, Article 105.5 Plans and specification A/E seaI required, Appendix B
4. Section 115.0, Article 115.4 Changes in use and occupancy
If I may be of further assistance, please do not hesitate to telephone me anytime between
8 am. and 4 p.m., Monday through Friday, at (540) 665-5650.
Sincerel
/John S. Trenary, CP
Building Official
JST/gmp
cc: file
planning department
Lord Fairfax Environmental Health District
107 N. Kent St.
R O. Box 2056
_ Winchester, Virginia 22604
(540) 722-3480 FAX (540) 722-3479
Counties of Clarke, Frederick, Page, Shenandoah, Warren, and City of Winchester
March 10, 1997
Pat & Susan Goodman
534 Redbud Rd.
Winchester, VA. 22604
Dear Mr. & Mrs. Goodman,
This letter is written in response to a REQUEST FOR CONDITIONAL USE
PERMIT COMMENTS received by the Frederick County Environmental Health
Department. The property in question, Fay Springs Center, is proposed
for use as a social center with uses including catered functions,
tours, meetings, outdoor recreation and wedding receptions. In order
for the Health Department to approve the Conditional Use Permit the
Sewage Disposal System will need to meet current Health Department
Regulations as for system design and capacity. The Health Department
has searched our records for Sewage Disposal System Permits, and we
find no permits for this property. In order for the Health Department
to comment on this proposed Conditional Use Permit the following will
be necessary to determine if the Sewage Disposal System serving the
property would be Safe, Proper and Adequate for the proposed use.
1.) An Existing System Evaluation Application would have to be
submitted to the Environmental Health Department to evaluate the
present Sewage Dispcsal System serving the property. Since no records
exist in our files for the present system, the foilowing actions will
be required for the evaluation.
A.) The septic tank and distribution box will need to be located and
uncovered for inspection. The septic tank will need to be pumped
out prior to the inspection so that the internal components can be
checked.
B.) The drainfield area will be required to be delineated and the end
of one line uncovered so that the construction and location can be
verified.
C.) At the time of inspection backhoe pits will be required around the
existing drainfield area to deterime if the soils meet Health
Department Regulations.
2.) After the Existing System Evaluation is conducted, if the system
meets the requirements for the proposed use, the Health Department will
forward our comments to the applicant. If the system is found to be
inadequate for the proposed use or not meeting Health Department
Regulations then the applilicant can apply for a Sewage Disposal Permit
Application for expansion or replacement of the existing system wit`.
the Health Department or Department of Environmental Quality is
applicable.
If you would like further information concerning this matter please
contact me at the Frederick County Office of Environmental Health at
540-722-3480.
June 9, 1997
Currently we are having the
'T' in the tank, new lines
t d'stribu on boxes.
P Goo man
Surely,
iz�-�e�
Frank. R. Lee
Environmental Health Specialist Senior
spetic field improved by installing
to the distribution boxes, and
Submittal Deadline 7-(J- Q
P/C Meeting
BOS Meeting _, 10 _
f'7'
APPLICATION FOR CONDITIONAL USE PERMIT
FREDERICK COUNTY, VIRGINIA
1. Applicant (The applicant if the owner other)
NAME: - t . and t wcx) oci rn _
ADDRESS:aaLeo,-(
TELEPHONE cS --4 CC) 17 S
2. Please list all owners, occupants, or parties in4interest of
the property:
,'`• �� ,�
3. The property is located at: (please give exact directions and
include the route number of your road or street)
-1.0, m,1es —A CLQ- I1 --)%Cke C:)�
�1,z�!n�cl 2�1 Colo �
4. The property has a road frontage of ocl feet and a
depth of a 35co feet and consists of acres.
(Please be exact)
5. The property is owned by �. �� 5u •,o -�1 mon as
evidenced by deed from F;«� ���k L�
recorded-
(previous
ecorded(previous owner)
in deed book no. on page 13 � , as recorded in the
records of the Clerk of the Circuit Court, County of
Frederick.
6. 14 -Digit Property Identification No.
Magisterial District r W
Current Zoning RA ,Q,
7. Adjoining Property:
USE
North
East
South
West
ZONING
8. The type of use proposed is (consult with the Planning Dept.
before completing) �M at C 4-7 IeG7
-I-tC Al C -`i i c-#J� �`�-c.t , 1E=1 �ci-T-7;o
? fir_ A PA- T- in al tr T C _
9. It is proposed that the following buildings will ize
constructed: No,v , d a,.0ti -,5-. <
+• r, h M1r� - "' ;jam
10. The following are all of the individuals, fzzmsor'.:
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
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�a�s�
12. Additional comments, if any:
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. 474 -Ip
TO BE COMPLETED BY ZONING ADMINISTRATOR: �n
•J V f ` l
USE CODE:
RENEWAL DATE:
)ac-QCI
Fay Spring Center
society devoted to ending animal suffering through
nationwide public education and spay/neuter assistance programs. "
August 21, 1996
County of Frederick, Department of Planning and
9 North Loudoun St.
Winchester VA 22601
A purpose Statement by Pat & Susan Goodman
To Whom it May Concern,
Susan and i
time we have
countryside
banking and
Development -t1
have been in the Winchester%Freaericx county ror all the
been together, some 12t years. Our love or the area, the
and the people is a basic part of why we live and have our
commercial ventures here.
Over the years we have prospered, and managed to comDane our lives and
hobbies, one of them being restoring historic properties, and Susan's
lifelong ambition has been to work with and improve the lot of
companion animals, with special attention to house cats.
Susan had started her animal program in Charles Town, west Virginia,
at first working out of a corner in her auto parts store, and looking
for a suitable -warehouse/office space in the Charles 'town area. When
the Hackwood property became available, we decided that it would be
the perfect way to combine our interests, ie, restoring a magnificent
property and having a building with sufficient room ana ambiance for
her program, known as Spay Today, Inc. After all, we reasoned, why
spend a lot of money for a warehouse property, when tor a little more
we could have a showcase?
We purchased the property, became a non profit organization chartered
in Virginia, and began. Like all organizations, regard.iess of the
good intentions and actions, there is a neea for funding, one of the
reasons this area is rapidly losing some of the finest examples of
historic architecture is that while they are reminiscences of a bygone
time of splendor, they also are hardly efficient to lave in, and
frightfully difficult to maintain. Toward tnat end, we nave begun to
put together business plan and a fund raising program, including sales
of donated items, a mail order program for educational materials, a
small (one top floor bedroom) gift shop, and the leasing of the
mansion and grounds for events such as weddings, retreats, and
business meetings.
Of course anytime the use of a property as changed, there are
534 Red Bud mad • Winchester, Virginia 22603 • Phone (540) 665-2827
l ' _
community worries about the usual things. The usual worries include
things like: increased noise, trarfic, pollution, loss of propej-t
values. To adequately address the items, let me begin by pofiiting out
what we are and, perhaps more importantly, what we are not.
We are not: A shelter. The basic premise of Spay Today, Inc, is that
the traditional 'shelter' is an unworkable and outdated concept. If
we wanted to 'collect' and house cats, we could rill this house, and
many others in a matter of days. when the F'redericx county shelter
opened for cats, they were at capacity within hours. True, we do have
several cats (and one large old 'house dog') residing at the property,
and while the number changes from time to time, it is never more than
the number of cats which live at our residence. Lest people think
that such an arrangement will lead to one of the stories that commonly
surface about weird old ladies with unkempt ill smelling houses (such
as the North Loudoun house some months ago), our personal residence
was on the 'house and Garden Tour' in 199b, and there certainly was
no problem. The few kitties we have are constantly being rotated in
and out,as they typically are animals left behind when someone moves
or dies, and we find them new homes.
We are: An organization that spays and neuters cats and dogs, and ii
the over 4,000 animals that have passed through our operation, no more
than a dozen have ever been on the premises. The majority of our work
is by mail and telephone, as we are the 'arrangers' of, not
'performers' of any surgery or animal care for animals that are not
part of our immediate -family-
We are not: 'Animal activists' or 'humaniacs'. You will never see
our people parading around throwing rocks and defacing storefronts.
We have better and far more productive ways of getting our names and
organization into the media.
We are: The largest only source for educational material on animal
care, population control, and related subjects for the educational
community in the United States. Our library of books, video tapes,
pamphlets, posters and information on animal issues is the most
complete in the list that the Rumane Society of the United States
files. The important part of this dissertation is to note that the
vast majority of our contacts with customers is by phone, kax, and the
US Postal service. As a result the impact on the ecosystem and
neighbors is for all practical purposes, non existent.
As mentioned above, the upkeep and maintenance of a property of this
magnitude is enormous, (currently we are repairing the original
shutters, each consisting of many slats of wood .with carvea ends which
fit into holes in the outer edge. Rather than replace them with vinyl
'universal', we are repairing them, one at a time. There are more
than 41 windows, each with two shutters] and because the property had
been occupied by a variety of 'developers' and third party people for
many years, there was immediate danger of major structural problems
when we acquired the property.
All of the above requires income, and it is our goal to obtain that
income with the least possible impact on both the property and the
surrounding area. It is unfortunate that we must search outside the
animal kingdom for additional income. Toward that end, we have
arranged to use the mansion and grounas for such functions as
weddings, wedding receptions, corporate retreats, picnics, and other
social gatherings. To avoid confusion, overlapping events, and
problems with property damage, these functions are handled entirely by
Encore Special Events.
Others sources of income would be from sales of donated items and the
sales of incidental items from our one -room gift shop.
Consider this: We have taken a property that has been neglected for
years, on a forgotten historical property, and in just a few years
turned it into a show place for the area. Our tuncti.ons produce no
noise over the sound of (unfortunately) interstate 81. Traffic is at
a minimum, especially when compared with the trartic generated by
Redbud School. There is no trash beyona what would normally be
generated by a typical large family in a similar name. By being at
the end of a long drive, none of the events held at the mansion is
visible from the public roads. (It is possible to see the front
entrance from I-81, although the traffic doesn't seem to slow for the
view)
It would be hard to imagine a better use for this unusual property,
which languished for years, through two forclosure actions, several
bankruptcies, and a distress sale, before its resurrection to the
current use.
We trust that the above explanation and uses will find ravour with all
concerned, and as always, we welcome your suggestions for ways to be
of more benefit to the community ana surrounding area.
Sincerely,
PC REVIEW: 9/3/97
BOS REVIEW: 10/8/97
CONDITIONAL USE PERMIT #012-97
Michael M. Milam
Milam's Landscaping and Garden Center
LOCATION: This property is located at 2186 Northwestern Pike.
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 52 -A -B
PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) District; Land Use:
Landscape contracting and garden center (wholesale, retail nursery stock)
ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land Use:
Residential and orchard
PROPOSED USE: Operation of landscape contracting and garden center (wholesale, retail
nursery stock)
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: The existing entrance serving this property is inadequate
and does not allow for safe egress and ingress to the business. Before we could support a
conditional use permit for operation of a business at this location, the entrance should be
upgraded to our minimum commercial design standards. A site plan prepared by a
professional engineer which details all entrance and related right-of-way improvements will
need to be submitted for our review. Once approved, any work performed on the right-of-
way must be covered under 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/1996. Other codes that apply are CABO al 17.1-92 Accessible and Useable Buildings
Michael M. Milam - CUP #012-97
Page 2
August 25, 1997
and Facilities. Note: Restroom shall be available in accordance with the International
Plumbing Code. Building permit shall be required; sign located on property and inspections
completed.
Fire Marshal: Any burning of land -clearing debris requires a burning permit issued by the
Fire Marshal's Office.
Health Department: The Frederick County Health Department received an application
from Mike Milam on 7/30/97 to investigate sewage disposal options as part of his
conditional use permit application. At this time, we are evaluating the option of using the
sewage disposal system in an existing house on the property. If this option is not
satisfactory, the Health Department will work with Mr. Milam to investigate options for a
new sewage disposal system. Until the evaluation is completed, we can make no statement
as to whether either option is appropriate.
Planning and Zoning: Landscape contracting businesses and retailing or wholesaling of
nursery stock and related products are a permitted use in the RA ( Rural Areas) Zoning
District with approval of a conditional use permit. This petition utilizes a tract of land that
currently has a house, barn -like structure and several other outbuildings. The adjacent
properties are zoned RA (Rural Areas) and have uses prevalent in this zoning district.
Entrance to the site will have to be upgraded to provide for safe ingress and egress. At
present, the Health Department is evaluating the existing sewerage facilities, and it may be
that another system or other facilities will be needed to accommodate the business.
Approval should be considered if the applicant can provide the necessary and required
commercial entrance, and provide sewerage disposal facilities. Approval of this permit with
conditions should not tend to change the character and established pattern of development
of the area, or adversely affect its natural character and environmental features.
STAFF RECOMMENDATION FOR 9/3/97: Staff recommends approval with the following
conditions:
All review agency comments must be complied with at all times.
2. A minor site plan shall be approved by the County.
3. A commercial entrance meeting VDOT requirements shall be constructed and
approved within sixty (60) days of the conditional use permit approval.
Michael M. Milam - CUP #012-97
Page 3
August 22, 1997
4. Health Department approval of a sewage disposal system shall be obtained within
sixty (60) days of the conditional use permit approval.
Any signage for the business must be as permitted by the zoning ordinance.
O:UGEN DASICOMMENTMMIlAACUP
CUP #012-97 PIN: 52 -A -B
Michael M. Milam
1 .
NAME:
ADDRESS:
Submittal Deadline F- F ? %
P/c Meeting q -3-q7
BOS Meeting — -p r7
APPLICATION FOR CONDITIONAL USE PERMIT
FREDERICK COUNTY, VIRGINIA
applicant if the owner V other)
Michael M. Milam
2186 Northwestern Pike, Winchester, VA 22603
TELEPHONE ( 540) 722-3004
2. Please list all owners, occupants, or parties in interest of
the property:
_ WWW, LC (Mr. Frank Armstrong, Mr. Robert Solenberger, Mr. Jim Wilkins)
Michael M. Milam - Lessee
3. The property is located at: (please give exact directions and
include the route number of your road or street)
Route 50 West - ri ht on Round Hill Road 1/4 mile into orchard
4. The property has a road frontage of 1896.6feet and a
_
depth of 1572.85 feet and consists of 67.096 acres.
(Please be exact)
5.
6.
7.
**
The property is owned by WWW LC as
evidenced by deed from C.L. Robinson Corp. recorded
(previous owner)
in deed book no. 848 on page 1196 , as recorded in the
records of the Clerk of the Circuit Court, County of
Frederick.
14 -Digit Property Identification No. 52-A-6
Magisterial District Gainesboro District
Current Zoning RA ,^
Ad'oinin P t
7 g
roper y.
USE
North
53 -A -A
East
53-A-77975,74,73
South
52-A-71 A thru 52A
West
52 -A -C
** See attached list
ZONING
RRA
A
.t
RA
RA �,���
8. The type of use proposed is (consult with the Planning Dept.
before completing)
0 -^J -<C- N'o 6 f
9. It is proposed that the following buildings will be
constructed: no construction
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 Fruit Hill Orchard ADDRESS PO Box 2368, Winchester, VA 22i
PROPERTY ID# 53 -A -A
NAME Renner, Paul C. & Clara E. ADDRESS
PROPERTY ID,# 53-A-77
118 Echo Lane
Winchester, VA 22603
NAME Huffman. _Pace F. & Elva ADDRESS 194 Echo Lane
PROPERTY ID# 53-A-73
Winchester, VA 22603
NAME _Turner. Benard & Carolyn R. ADDRESS 2578 Northwestern Pike
PROPERTY ID# 53-A-74
Winchester, VA 22603
NAME _Johnson. Nancy Renner ADDRESS 2054 Northwestern Pike
PROPERTY ID# 53-A-75
Winchester, VA 22603
NAME Silver Lake, LC ADDRESS 13 South Loudoun Street
PROPERTY ID# 52 -A -C Winchester, VA 22601
NAME ADDRESS
PROPERTY ID#
**Attached list NAME Whitacre,
Preston
R. _& Anna
ADDRESS 2131 Northwestern Pike
PROPERTY ID#
53-8-1-3,4
Winchester, VA 22603
NAME Sauder, Glen R. & Mary Ann
ADDRESS
190 Robin Hood Circle
PROPERTY ID# 53-8-1-3,4
Winchester, VA 22603
NAME Fletcher, Robert N. & Lilly
ADDRESS
2153 Northwestern Pike
PROPERTY ID# 53-8-1-7
Winchester, VA 22603
NAME Grim, Mary F.
ADDRESS
2161 Northwestern Pike
PROPERTY ID#` 53-B-1-8
Winchester, VA 22603
NAME Link, Junior L. & Dorothy E.
ADDRESS
2177 Northwestern Pike
PROPERTY ID# 538-1-9,9A,10,11
Winchester, VA 22603
NAME Halver, Russell F. & Renee
ADDRESS
219 Couqar Trail
PROPERTY ID# 53-B-1-12
Winchester, VA 22602
NAME Commonwealth of Virginia
ADDRESS
PROPERTY ID# 52-A-7/A
NAME _Ashwood, Winfred R. & Mary V.
ADDRESS
2255 Northwestern Pike
PROPERTY ID# 52-A-252
Winchester, VA 22603
NAME Larr_ick, R. M. & Elva J.
ADDRESS
2243 Northwestern Pike
PROPERTY ID#
Winchester, VA 22603
NAME
ADDRESS
PROPERTY ID#
NAME
ADDRESS
PROPERTY ID#
NAME
ADDRESS
PROPERTY ID#
NAME
ADDRESS
PROPERTY ID#
NAME
ADDRESS
PROPERTY ID#
�• _ r ,�f, =,'�
'i
Fcaduid Coui F�Mlqk c' fI-.
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.
.((to
(s�
12. Additional comments, if any:
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 condnctad_
Signature of Applicant
Signature of Owner
Owners' Mailing Address
2186 Northwestern Pike, Winchester, VA 22603
Owners' Telephone No. (540) 722-3004
TO BE COMPLETED BY ZONING ADMINISTRATOR:
USE CODE:
RENEWAL DATE:
PC REVIEW: 9/3/97
BOS REVIEW: 10/8/97
CONDITIONAL USE PERMIT 4013-97
LISA A. DRINKWATER
Dog Kennel (Non -boarding)
LOCATION: This property is located at 1571 Salem Church Road.
MAGISTERIAL DISTRICT: Opequon
PROPERTY ID NUMBER: 92-A-47
PROPERTY ZONTNQ & PRESENT USE: Zoned RA (Rural Areas) District; Land Use:
Agricultural
ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land Use:
Residential and Agricultural
PROPOSED USE: To operate a dog kennel (non -boarding)
REVTEW EVALUATIONS:
Virginia Dept. of Transportation: No objection to a conditional use permit for this
property. The safe operating speed for this section of Route 735 is estimated at 45 mph.
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 304, Use Group B (Business) of the BOCA National Building Code/1996.
Other codes that apply are CABO A117.1-92, Accessible and Useable Building and
Facilities. Please submit a floor plan of the area to be utilized and apply for a Change of Use
building permit.
Fire Marshal: No comments.
Lisa A. Drinkwater - CUP #013-97
Page 2
August 22, 1997
Health Department: Kennel waste is not included within the scope of the Health
Department's regulations. Please contact Mr. Dwight Sours (840)-828-2595 at the
Department of Environmental Quality. Please note: Any kennel waste cannot be disposed
of through the sewage disposal for the dwelling.
Department of Environmental Quality: See attached letter from Dwight Sours dated
7-23-97.
Planning and Zoning: Dog kennels are permitted use in the RA (Rural Areas ) Zoning
District with an approved conditional use permit. The applicants have commented that they
desire to have a kennel for their personal dogs and in the future, they may breed some to sell.
There is no request to board animals at the kennel. This site is well -screened, being located
on 100+ acres of land. Location of the kennel will be adjacent to the existing barn. A
concrete pad will provide the base for eight runs attached to a prefab yard barn. Only one
residence is located near or within the proximity. Having trees and other vegetation to
provide a buffer, approval of this permit would unlikely change the character and
established pattern of development in this area.
As with all kennels, noise in general is a concern. Since the proposed site is very isolated,
this should minimize the associated noise.
Staff Recommendation for 9/3/97: Staff recommends approval of this request with the following
conditions:
All agency comments should be complied with at all times.
2. This permit is for a kennel ( non -boarding) only. Only dogs owned by the owner
will be boarded in the kennel at any time.
All associated materials and supplies shall be stored inside.
4. All requirements of the Frederick County Code and the Code of Virginia pertaining
to dog kennels shall be complied with at all times.
5. All dogs/animals kept at the kennel must be controlled so as not to be a nuisance to
any adjoining property by either barking or roaming free. All dogs should be placed
inside a building by 9:00 p.m.
01\AGEN DASkCOMM EMSDRN K W AIR.CUP
COMMONWEALTH ®f VIRGINIA
George Allen DEPARTMENT OF ENVIRONMENTAL QUALITY
Governor Valley Regional Office
Becky Norton Dunlop Street address: 4411 Early Road, Harrisonburg, Virginia 22301
S=ctary of Natural Resources Mailing address: P.O. Box 1129, Harrisonburg, Virginia 22301-1129
Telephone (540) 574-7800 Fax (540) 574-7873
httPV/www.deq.state.va.us
July 23, 1997
Ms. Lisa Drinkwater
1571 Salem Church road
Stephens City, Virginia 22655
Re: Proposal for Small Dog Kennel, Frederick County
Dear Ms. Drinkwater:
Thomas L Hopkins
Director
R. Bradley Chewning, P.E.
Valley Regional Director
The staff has received your proposal to construct a dog kennel in Frederick County to
serve five Jack Russell Teeters.
After a review of your proposal, the staff has decided that no further information is
necessary and that submission of a Virginia Pollutant Abatement (V PA) Permit application is not
required at this time. This decision is based upon the relatively small size of your proposed
kennel (less than one animal unit). However, you are still required to design, construct, operate,
and maintain your animal waste facility, as proposed, and to follow good waste utilization
practices. Please understand that there is to be no discharge from your facilities and should you
decide to expand your operations in the future, this office is to be immediately notified.
Should you have questions, please do not hesitate to contact me.
Sincerely,
Dwight M. Sours
Environmental Engineer Senior
cc: Correspondence File
An Agency of the Natural Resources Secretariat
CUP #013-97 PIN: 92-A-47
Lisa A. Drinkwater
Submittal Deadline
P/C Meeting
BOS Meeting
APPLICATION FOR CONDITIONAL USE PERMIT
FREDERICK COUNTY, VIRGINIA
1. Applicant (The applicant if the owner other)
NAME: [-. Is Q R. I n kw a e'er
ADDRESS: �S`1� 54�2rr, C�'1���C/� �� ST Dirt; l.r�Y VA-
S
TELEPHONE 5'10 g oq
2. Please list all owners, occupants, or parties in interest of
the property:
FeteNord- I ) r I nk" :rfe(
3. The property is located at: (please give exact directions and
include the route number of your road or street)
a alio mAe f 735
( SO-1etn Churck Rct
4. The property has a road frontage of In so feet and a
depth of a, OSIp feet and consists of /0771 acres.
(Please be exact) 1 j
5. The property is owned by Pc e, �- Nara Drin)(Wafer as
evidenced by deed from &a N. Hataes recorded
(previous owner)
in deed book no. 331 on page tea, as recorded in the
records of the Clerk of the Circuit Court, County of
Frederick.
6. 14 -Digit Property Identification No. ya - q - y7
Magisterial District Ope-!lO
Current Zoning 14
7.
Adjoining Property:
USE
North
East
South
West Re ice
�nJ (ZONING
8. The type of use pz
before completing)
osed is (consult with
rhe Punning Deg. i
.� ..
9. It is proposed that the following buildings will be
constructed: 12oc
1.0. 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 W I I I i um C 1u ( -K ADDRESS l y S leCRAJ.
PROPERTY ID# 9a - A - L40A
NAME M ! M cUe n ADDRESS
PROPERTY ID# 9,a - A ` q $
NAME rr Thrn ADDRESS CAIrCA KGt.
PROPERTY ID# q.3 - A - ori
NAME KcIAlee_o k e e. fie. ... _.. ADDRESS PO,8CX -�D , �e° '2r , V4
PROPERTY ID# 9a - 4 - 4 1 A
ao>»- sasi
NAME Grimb, cck _FFQ(-m i Znc. ADDRESS 913 Sale, Ck,,ch Rd.
PROPERTY ID# 9--� -/I - & 8
NAME Ml l�Of) 60yCe, ADDRESS '37 Cane bi % �c
PROPERTY ID# 3 - A " S
NAME ADDRESS Q5 CQA01Q41L
PROPERTY ID# qa - q " 73
NAME Ri&,icl.5 C�4 ADDRESS 91&dern Chore% kt
PROPERTY ID# -A y 5
NAME A16)
4'
G0.fre
brim
ADDRESS ia5cy Euvl,?
Park,
c� Rc{
PROPERTY
ID#
9a
7
R'a""1°"a�
VA
a3a33
NAME
Pi tCh iP, ��C. ADDRESS
PROPERTYID#
NAME W, II,cpm RQrne,; ADDRESS
PROPERTY ID# 9 0` - 1A - 70
NAmE R�ec�v SLS Lmake(, Tru eg ADDRESS
PROPERTYI ID# 9, 7013
D
NAME FO-Tricia-, Iliul li4r,n ADDRESS
PROPERTY ID# 9a - A ` 49
NAME ADDRESS
PROPERTY ID#
NAME ADDRESS
PROPERTY ID#
NAME ADDRESS
PROPERTY ID#
NAME ADDRESS
PROPERTY ID#
NAME
PROPERTY ID#
NAME
PROPERTY ID#
NAME
PROPERTY ID#
NAME
PROPERTY ID#
ADDRESS
ADDRESS
ADDRESS
ADDRESS
Po &x 5 i 3 SfPnhe/lc
l/4W Cooler& jf,7 RCj
(oleo
Perk
lir. # i
CO) 1ege-
Park,
/YID
a 07YO
N
L
i
il. 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.
i--------------------
��
wood
Dt,nK � She
9 P
l�
1 � �
LLLI)-j
Yt
R►.�� 1/1 Sl,ac�,
=OYk�
L � ,
Ck- of
Rf 735 -- -
12. Additional comments, if any:
n Gr GL N
Ci r h( ! H F1`= ( �'; %� Te,
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'Ln 0
Signature of Owner
Owners, Mailing Address
Owners' Telephone No
/-5 71 .S c,
TO BE COMPLETED BY ZONING ADMINISTRATOR:
USE CODE:
RENEWAL DATE:
TO:
FROM:
SUBJECT:
DATE:
COUNTY of FREDERICK
Department of Planning and Development
MEMORANDUM
Planning Commission
Eric R. Lawrence, Planner H
540/665-56_ t
FAX: 540/678-068-1
Public Hearing -- Route 37 West Land Use Plan
September 3, 1997
As you 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 plan was discussed in July at a Joint Work Session with the Board of Supervisors and
the Planning Commission. Attached is the proposed land use plan that the CPPS feels addresses the
concerns voiced during the Joint Work Session. This attachment includes the proposed Land Use
Map and accompanying text.
Staff feels that this proposed plan 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 corridor concentration, and a Route 37 area business/office campus use
concentration. It is Staff'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. 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 to Sunnyside, Albin, and
areas further west.
The Route 37 area business/office concentration would continue the business climate of the
DeGrange property, and transition into a more medical and scholastic campus environment. Due to
the close proximity to the Winchester Medical Center and the Medical Center's proposed interchange
on Route 37, it is possible that use of the land would be associated with medical and scholastic
pursuits, possibly biomedical or pharmaceutical users.
107 North Bent Street - Winchester, Virginia 22601-5000
Planning Commission
RE: Proposed Route 37 Land Use Plan
Page 2
September 3, 1997
In addition to the proposed business uses, a collector road system and signalized intersection is
proposed. This road network would play a vital role in maintaining an efficient transportation system
that complements future development.
As with many land use studies, it is envisioned that a large portion of the study area will remain in its
agricultural use into the foreseeable future.
If the Commission is comfortable with the proposed Route 37 West Land Use Plan, a
recommendation to the Board of Supervisor would be appropriate.
Please contact me with any questions.
Thank you.
ERL/cc
Attachments
U:\ERIC1CONiNtON\RT37W--I1090397.PC
ROUTE 37 WEST
LAND USE PLAN
-- PROPOSED --
Prepared by:
Frederick County
Department of Planning and Development
107 N. Kent Street
Winchester, Virginia 22601
September 3, 1997
Table of Contents
Introduction.....................................................
Page
The Importance of Land Use Planning ................................
Page 1
What is a Land Use Plan? ....................................
How is a Land Use Plan Implemented?
Page 1
..........................
Page 2
Route 37 West Study Area, Defined .................................
Page 2
Vicinity Map .................................... . ..........
Page 3
Why a Route 37 West Land Use Study? ..............................
Page 4
Existing Conditions ................ I ..............................
Environmental Features
Page 4
......................................
Page 4
Historical Characteristics .....................................
Page 4
LandUse Plan ..................................................
LandUse
Page 5
.................................................
Page 5
Route 522 North Business/Retail .........................
Page 5
Route 37 West Business/Office Park .................... . .
Page 5
Transportation .............................................
Page 6
Major Collector Road Network ...........................
Page 6
Interchange ..........................................
Page 6
Sewer and Water Service Area (SWSA) .........................
Page 7
Route 37 West Land Use Map . . .............. . .............. _ _
Page 8
Goal..........................................................
Page 9
Objectives ................................
g e 9
Strategies......................................................
Page 9
Summary......................................................
Page 9
- PROPOSED Route 37 West Land Use Study -
Introduction
The Frederick County Comprehensive Policy Plan contains area land use plans that
address land use issues particular to a defined geographic area. Each plan addresses
issues from residential uses to business to industrial, depending on location.
The continuous challenge facing the County is developmental pressure. In order for
the County to address the development pressures as they arise, each study must
address the most volatile issues of an area. The Route 37 West Land Use Study will
need to balance the county's interest in limiting development west of Route 37 with the
desire to realize the economic benefits that may be associated with potential business
opportunities.
The Route 37 West Land Use Study attempts to identify the most desirable land uses
and plans for the future area as a whole.
The Importance of Land Use Planning
Planning for future land uses is an important County responsibility and is directly linked
to the community's economic prosperity.
Understanding likely future land uses for one area, directly affects decisions made
today concerning development elsewhere in the community. It is for this reason that
Frederick County conducts annual land use studies. The County believes that
coordinating yesterday's, today's and tomorrow's development activities will assist in
our pursuit of a community to be proud of.
One way Frederick County has undertaken this responsibility is through the annual
process of studying areas of the County that may: 1) come under developmental
pressures in the near future, or 2) need retrofitting to compete in today's competitive
economy. These land use studies review an area's demographics, environmental
features, historical characteristics (both social and economic), and anticipated
developmental pressures. The County will use these land use plans to guide
development within our community to achieve the highest standards of living.
What is a Land Use Plan?
A land use plan is a visionary guide that illustrates what a community should look like,
before it is actually built. Typically, land use plans are not completely implemented for
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- PROPOSED Route 37 West Land Use Study -
10 to 20 years, sometimes even further in the future. That does not mean the plan
doesn't impact the community today. In reality, elements of a land use plan are
incorporated into daily development activities. Tying different land uses together, like
residential neighborhoods to shopping and employment centers, illustrates the
importance of a thorough land use plan.
The combination of long- and short- range efforts to guide the development within the
community is the result of a land use plan's creation. Through the use of studies and
analysis, planners are able to project future demands for: particular land uses;
acceptable locations to accommodate such uses; demands for community services;
and infrastructure.
A land use plan is typically documented in the form of a map, accompanied by text.
Within the text, policy statements are included providing goals, objectives, and
strategies to achieve the community's vision. These plans are often adopted as part of
the County's Comprehensive Policy Plan. The Route 37 West Land Use Study is an
example of a land use plan.
How is a Land Use Plan Implemented?
Implementing a land use plan is not something that happens overnight. When a
property owner petitions the County to develop his/her property, their development plan
must be in conformance to the County -adopted land use plan and comprehensive plan.
Without this conformity, their proposal would not be acceptable. Conformance to the
County's plan is essential for the planned and coordinated growth of the community.
That is why it is important to conduct land use studies and to create land use plans for
inclusion in the comprehensive plan.
Route -3-7 West Study Area, Defined
The Route 37 West Land Use study area is located west of the City of Winchester, in
the County of Frederick, and is bounded by Route 522 to the north, Route 37 to the
east, the Round Hill Land Use Study area (Route 50) boundary to the south, and a
ridge line to the west. The study area encompasses approximately 645 acres.
Poge 2
Route 37 West
Land Use Study Area
Vicinity Mcp
- PROPOSED Route 37 West Land Use Study -
Why a Route 37 West Land Use Study?
Recent development activities have occurred that have drawn attention to the study
area. In 1996, the property located to the south was approved for 50 acres of business
development. The Winchester Medical Center, located directly east of the study area,
has continued to increase its size and available services. It has been indicated that if
the medical center continues to develop at its current pace, build -out on its present site
is inevitable within the near future.
Understanding that significant development is occurring adjacent to and in close
proximity to the study area, it is important to anticipate future developmental pressures.
The County should develop a land use plan that is most suitable in achieving the
County's long-term vision.
Existing Conditions
The study area is predominantly composed of rolling terrain. Presently zoned RA
(Rural Areas), the dominating land use is orchard. A small residential development is
located in the northwest portion of the study area, adjacent to the community of Albin.
Presently, water and sewer service is not available within the study area. A recent
study by the Frederick County Sanitation Authority indicates that a water storage facility
should be located in the Route 522 North area, just west of Route 37. The construction
of this water tank could enable water service to be provided within the study area.
Environmental Features
The terrain is slightly rolling. A pond and three seasonal creeks are located within the
study area. Most of the site appears to naturally drain to the east, towards Route 37.
Two culverts are located under Route 37 to facilitate drainage from the study area.
The soil is generally Frederick-Poplimento-Oaklet. This soil is commonly described as
gently sloping to steep, very deep, well -drained soils that have a fine textured subsoil.
Historical Characteristics
The entire study area is included in a study conducted by the National Park Service.
The NPS' Study of Civil War Sites in the Shenandoah Valley of Virginia identifies a
portion of the Route 37 land use study as being included in a core area of the Battle of
Paye 4
- PROPOSED Route 37 West Land Use Study -
Second Winchester. Development within this identified core area is not proposed by
the Route 37 study.
Four structures have been identified by the Frederick County Rural Landmarks Survay.
Only one of these structures, Fruit Hill Farm and identified by number 34-1410, has
been placed on the survey's List of Potentially Significant Properties. Preservation of
the Fruit Hill Farm is encouraged by this land use study.
Land Use Plan (the Plan)
Based on the research and studies that have been undertaken, the following land use
plan is proposed. This Plan involves three significant components: Land Use,
Transportation, and Service Areas.
Land Use
A majority of the study area should remain in its present, pristine use as orchards; land
use changes are not encouraged. This would occupy an area of approximately 450
acres.
Two areas within the study area have been identified as locations for potential business
concentrations. Total business use will be approximately 200 acres. Each will have its
own emphasis on the type of businesses.. The first, Route 522 North business
corridor, would be implemented in the distant future, it's considered a long term plan.
The second, Route 37 West businessloffice campus, would be implemented in the near
future; it's considered a short term plan.
► Route 522 North Business/Retail Corridor. The Route 522 business corridor
should provide retail services to the community and through traffic. Such
services may include: shopping, groceries, restaurants, banking, and auto fuel.
The growth of Frederick County continues to see additional residences being
built in the western portion of the County. This growing population increasingly
demands retail services that are more accessible to their homes. This Route
522 North business corridor will not only provide the necessary retail services to
the residents, but also to the through traffic heading towards West Virginia and
beyond. (Approximately 80 acres)
► Route 37 West Business/Office Park Campus. The Route 37 West campus
should encourage an office park -type development that complements the
Page
- PROPOSED Route 37 West Land Use Study -
medical center and pharmaceutical school. Complementary retail services
would also be acceptable. Retail services that cater to the community, rather
than the medical center and pharmaceutical school, are also possible.
(Approximately 120 acres)
It is the intent of this land use plan to reserve an area adjacent to the medical
center, within Frederick County, for a possible campus environment that is
complementary to medical and pharmaceutical uses. Research and design -type
businesses would be appropriate.
Transportation
The transportation component of this study addresses two areas: future roads and
interchanges. Roads that are proposed should be considered for incorporation into the
County's Comprehensive Policy Plan for future reference.
Major Collector Road Network. A Major Collector Road Network ultimately
provides for access from Route 522 North to Route 50 West and to the
Winchester Medical Center's proposed interchange on Route 37. This road
network will transverse areas proposed for future business uses, in addition to
areas that will remain orchards into the foreseeable future.
Planning for the road network within areas not proposed for development is
essential to provide a connection from the Route 522 business corridor to the
Route 37 business/office park area should these areas develop in the future.
It is important to take a long range look into the County's future: should this area
develop as is proposed by this plan, the road network will be vital to maintaining
safe and efficient traffic movement. This road network will ensure that the
proper coordinated road network would be developed.
Interchange. This plan also indicates that the collector road network should tie
into the Winchester Medical Center's (WMC) proposed interchange on Route 37
West. As proposed by the WMC, this interchange will be limited access serving
the medical center. This land use plan proposes to expand the interchange to
provide for western access.
Page 6
— PROPOSED Route 37 West Land Use Study —
Sewer and Water Service Area (SWSA)
Presently, the western boundary of the Sewer and Water Service Area (SWSA) is
Route 37. In order for sewer and water service to be provided to the proposed
business areas, the SWSA will need to be expanded to incorporate particular areas.
Inclusion in the SWSA is necessary prior to any considerations to change the land use
from rural to business.
This land use plan proposes to include the Route 37 West Business✓Office Park
Campus in the SWSA. This is the County's indication that such uses are appropriate
and that a land use change may be acceptable.
The Route 522 North Business/Retail Corridor would not be included in the SWSA at
this time. This allows the County to evaluate the availability of services and
transportation networks prior to approving new business uses. At such time as a
business is proposed, the County will need to determine if the business is appropriate,
and consider modifying the SWSA boundary accordingly.
Page 7
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Land Use Study Area
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Route 37 West
Land Use Plan
Proposed
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645 Acres
4Proposed Business
111And Office Uses
522 Corridor: 83 acres
37 Corridor: 118 acres
Proposed Major
Collector Road
--------- `Proposed Expansion
to the SWSA
Existing SWSA
1410 Identified Historic Site
(by the Rural Landmark Survey)
Traffic Signal
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August 20, 1997
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- PROPOSED Route 37 West Land Use Study -
To encourage economic development in a planned, coordinated manner as well
as allow for the continuation of agricultural uses without damaging the pristine
landscape.
► Determine the most appropriate locations for business uses that cater to
community and through -traffic interests.
Determine the most appropriate location for a campus -like development that
promotes complementary businesses to the Winchester Medical Center and the
pharmaceutical school.
► Determine the network necessary to provide an alternative for local traffic other
than travelling on major arterial roadways.
Stratenies
► Limit the size and scale of developments in order to complement the surrounding
natural landscape.
► Encourage uses that minimize impacts to the surroundings while maximizing their
contribution to the local economy.
► Phase the expansion of the Sewer and Water Service Area to allow for the timely
and planned development of Route 522 North.
► Maintain a road network that facilitates efficient traffic movement from Route 522
North to the DeGrange property.
Summary
Proximity to the City of Winchester, Route 37 West, and the Winchester Medical
Center make this study area a viable location for future economic development. The
Route 37 West Land Use Plan encourages planned business development that
complement existing industries and community service demands, while simultaneously
preserving the pristine landscape.
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