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PC 08-21-96 Meeting Agendarp 7 AGENDA FREDERICK COUNTF'117 PLANNING COMMISSION kNI The Old Frederick County Courthouse Winchester, Virginia 7:00 P.M. AUGUST 21,1996 �h CALL TO ORDER TAB zltl i) Minutes of June 5 and July 3, 1996 Meetings ............................... A. 4"ye4 2) Bi -Monthly Report .................................................... B 3) Committee Reports ................................................... C 4) Citizen Comments .................................................... D PUBLIC HEARINGS 5) Conditional Use Permit #009-96 of Kenneth C. Poole, Jr. for an auto repair business. This property is located at 214 Stony Hill Road and identified with PIN 28 -A -165B in the Gainesboro Magisterial District. (Mr. Miller)......................................................... E 6) Conditional Use Permit #010-96 of Jennifer B. Harris for a tool sharpening business. This property is located at 6671 Middle Road and identified with PIN 72-A-76 in the Opequon Magisterial District. (Mr. Miller)......................................................... F 7) Rezoning Application #004-96 of Valley Mill Estates to rezone 1.0731 acres from RA (Rural Areas) District to RP (Residential Performance) District. This property is located north of Valley Mill Road (Rt. 659), 3/4 miles east of Greenwood Road (Route 656), and is adjacent to Mill Race Estates. The parcel is identified with PIN 55-A-17613 in the Stonewall Magisterial District. (Mr. Wyatt)......................................................... G 2 8) Rezoning Application #005-96 of Scully Ltd. to rezone 25,593 (.58 acres) square feet from B 1 (Neighborhood Business) District to B2 (Business General) District. This property is located on the south side of Fairfax Pike (Route 277), east of the I 81/Stephens City interchange, and identified with PIN 85-A-148 in the Opequon Magisterial District. (Mr. Wyatt) ......................................................... H DISCUSSION ITEMS 10) Discussion regarding a proposed amendment to the Frederick County Planning Commission Bylaws to establish new standards for tabling procedures. (Mr. Wyatt)......................................................... I 11) Status of Route 11 North Study (Mr. Tierney) ........................................................ J 12) Greenwood Road Subdivision #007-96 to subdivide a 2.837 tract into five lots for single family residences. This property is located on the west side of Greedwood Road (Rt. 656) approximately 1,400' north of Senseny Road (Rt. 657) intersection, and identified with PIN's 55-A-191 & 193 in the Shawnee Magisterial District. (Mr. Miller)......................................................... K 13) Other File: K:\WP\CMN\96C0VERS\PC8 -11 AGN MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Old Frederick County Courthouse in Winchester, Virginia on June 5, 1996. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewali District; John R. Marker, Vice- Chairman/Back Creek District; Marjorie H. Copenhaver, Back Creek District; John H. Light, Stonewall District; S. Blaine Wilson, Shawnee District; Roger L. Thomas, Opequon District; Robert A. Morris, Shawnee District; Richard C. Ours, Opequon District; Jimmie K. Ellington, Gainesboro District; George L. Romine, Citizen at Large; Robert M. Sager, Board Liaison; and Jay Cook, Legal Counsel. ABSENT: Terry Stone, Gainesboro District; Vincent DiBenedetto, Winchester City Liaison STAFF PRESENT: Kris C. Tierney, Interim Planning Director; Evan A. Wyatt, Planner II; W. Wayne Miller, Zoning Administrator; and Renee' S. Arlotta, Minutes Recorder. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MINUTES - APRIL 17, 1996 AND MAY 1, 1996 Upon motion made by Mr. Marker and seconded by Mr. Thomas, the minutes of April 17, 1996 were unanimously approved as presented. Upon motion made by Mr. Marker and seconded by Mr. Thomas, the minutes of May 1, 1996 were unanimously approved as presented. 2 BIMONTHLY REPORT Chairman DeHaven accepted the Bimonthly Report for the Commission's information. COMMITTEE REPORTS Development Review & Regulations Subcommittee (DRRS) - 5/23/96 Mtg. Mr. Thomas reported that DRRS discussed standards for commercial telecommunication towers and a proposed amendment to the Planning Commission's Bylaws addressing tabling procedures. Transportation Committee - 6/04/96 Mtg. Mr. Wyatt reported that the Transportation Committee considered a request from Middletown area citizens to reduce the speed limit along Route 11, from the southern limits of Middletown to Bell Grove Road (Rt. 727). Mr. Wyatt said that the staff also informed the committee of a recently learned issue regarding Route 277. Mr. Wyatt said that staff was under the assumption that money was made available to do the preliminary engineering for the corridor; however, when the tentative budget was presented to the county, that project was not included. Mr. Wyatt said that staff will be scheduling a meeting with the district administrator later this year. Sanitation Authority - 5/16/96 Mtg. Mrs. Copenhaver reported that the Parkins Mill addition should be in operation in June, the Rt. 522 South project was completed in May, the Carpers ValleyNictory Lane water line project was completed in April and is now in service; and the Authority plans to move into their new headquarters by July 15. 3 Winchester City Planning Commission - 5/28/96 Mtg. Mr. Ours reported that the important issues of the Winchester City Planning Commission are the Millwood Crossroads rezoning, which was denied, and their continuing work on the Meadowbranch subdivision. Mr. Ours also reported that the City Commission is having discussions about potential plans to make a connection into the County to Route 37. PUBLIC HEARINGS Conditional Use Permit #004-96 of Gary Van Meter for retailing or wholesaling of nursery stock and related products. This properly is located at 1544 Airport Road and identified with PIN 76 -A -138B in the Shawnee Magisterial District. Action - Recommended Approval Mr. Muller said that the proposed greenhouse is partially constructed and the applicant intends to construct a building for use as a retail facility. He said that the entrance into the property has poor site visibility to the east and the applicant has addressed this issue with VDOT. Mr. Miller stated that since this will be a public use facility, a site plan will be required. Mr. Gary Van Meter was available to represent his application. There were no citizen comments and there were no outstanding concerns expressed by the Commission. Upon motion made by Mr. Morris and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #004-96 of Gary Van Meter for retailing or wholesaling of nursery stock and related products with the following conditions: All review agency comments must be addressed and complied with at all times. 2. A site plan must be submitted and approved prior to construction of any facilities required for the use. 3. A commercial entrance meeting VDOT's requirement must be constructed. 4. Any signs desired for the use must be as permitted by ordinance. rd Conditional Use Permit #005-96 of Lee R. Smeltzer to operate an appliance sales and repair business. This property is located at 4163 Northwestern Pike and is identified with PIN 40-A- 128 in the Back Creek Magisterial District. Action - Recommended Approval Mr. Miller said that the request is being made under the ordinance section that allows re-establishing a nonconforming use with an approved conditional use permit. Mr. Miller explained that this location was previously a country store and gas station that was discontinued prior to 1955. He said that the applicant intends to sell used appliances and do appliance repair and has enclosed the overhanging porch which will be utilized for this activity. Mr. Miller reported that there was adequate open space between the structure and Northwestern Pike to permit parking. Mr. Lee R. Smeltzer was available to answer questions. The question arose as to whether the underground fuel tanks had been removed and Mr. Smeltzer replied that they had. Members of the Commission commented that recommended Condition #4 repeated information already stated within the zoning ordinance. The Commission and staff reworded the condition. Another question was raised by the Commission as to why the issue of nonconforming use status was considered and the staff explained that this was the only provision in the ordinance under which the Smeltzers would be allowed to apply for a conditional use permit. The staff noted that if the Smeltzers changed the use of the property, they would need to reapply for a new conditional use permit. Mr. Smeltzer said that he had a problem with VDOT requiring him to install a commercial entrance because the operation he was proposing was so small. The staff said that they would work with Mr. Smeltzer on this issue. concerns. There were no citizen comments and the Commission had no other outstanding Upon motion made by Mr. Romine and seconded by Mr. Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #005-96 of Lee R. Smeltzer to operate an appliance sales and repair business with the following conditions: 1. Applicant must comply with all review agency comments at all times. 2. No outside display of appliances (new, used, or inoperative) shall be permitted. 3. All repair work must be done inside the structure. 4. Only business signs advertising this service and authorized by the ordinance shall be allowed on the property. Conditional Use Permit #006-96 of Kevin W. And Lynnette L. Fox to operate a recording studio. This property is located at 687 Front Royal Pike and is identified with PIN 64C -A-3 in the Shawnee Magisterial District. Action - Recommended Approval Mr. Miller stated that since the activity is to be conducted in a detached garage that is being modified for the use, consideration should be given to soundproofing the interior to preclude outside noise pollution. Mr. Miller said that during a visit to the site on May 17, he spoke with the nearest neighbor and the neighbor stated that there had not been any problems in the past and they had no objections to the proposed use. Mr. Kevin W. Fox, the applicant, was available to answer questions. Mr. Fox said that he would primarily be recording projects of audio for video narration, radio commercials, etc. He said that there would be a very limited scope of music recording because he does not have the space for it. Mr. Fox added that he will be installing a sound suppressing product within the building. The Commission's only concern about this activity was the possible noise pollution and its impact on adjoining properties. Since the applicant's proposed operations were audio for video projects and he did not intend on recording live bands, the Commission felt the impacts on the neighborhood would be minimal. There were no citizen comments. Upon motion made by Mr. Morris and seconded by Mr. Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #006-96 of Kevin W. And Lynnette L. Fox to operate a recording studio with the following conditions: All review agency comments must be complied with at all times. G 2. No external noise pollution to the point of being annoying to the neighbors will be allowed. Conditional Use Permit #007-96 of Robert C. Fowler to operate a commercial outdoor recreation facility/shooting range. The property is located at 840 North Timber Ridge Road in Cross Junction and is identified with P.I.N. 3-A-18 in the Gainesboro Magisterial District. Action - Tabled Mr. Miller said that the ordinance requires that the application for this use include plans for appropriate site layout and design to protect the safety of the public. Mr. Miller said that the plans submitted with this application were not adequate to determine if proper safety could be maintained. Mr. Miller explained that the property is accessed by a private dirt driveway that is in poor condition with considerable potholes and although the entrance into the driveway when headed north is reasonably safe with good sight visibility, the entrance when headed south is shielded because of the curvature of the road. He said that the entrance back onto 696 from the driveway is very hazardous because of the site visibility. Mr. Miller said that Mr. Steve Melnikoff of VDOT advised him that he had met with Mr. Fowler at the site and Mr. Fowler had removed some of the brush along the road that was restricting the entrance. He said that Mr. Melnikoff felt that VDOT could now approve an entrance into the property, however, there would need to be some additional work done to the entrance that could probably be worked out. Mr. Miller also reported that comments from the Health Department indicate that a health system to serve the public is not available and portable toilets were not acceptable. Mr. Miller said that staff felt the site had the potential to be developed for the proposed use, however, it was not ready at this time for approval because of the several major outstanding issues that needed to be taken care of. The applicant, Mr. Robert C. Fowler, stated that he wanted to hold competitive shooting matches using shotguns and four -inch target cards. Commissioners noted that this would be a regulatory situation requiring permitting under code regulations. There were no citizen comments. Commissioners were concerned about public safety issues. They felt that the operation should be limited to shotguns only. They also agreed that the applicant needed some time to try and meet VDOT's requirements, to work out the water and sanitation situation with the Health Department, and to submit a plan which meets code requirements. 7 Upon motion made by Mr. Ellington and seconded by Mr. Marker, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously agree to table the consideration of Conditional Use Permit #007-96 of Robert C. Fowler to operate a commercial outdoor recreational facility/shooting range until such time that the staff feels the applicant can meet the requirements of VDOT and the Health Department, and is able to submit a plan that meets code requirements regarding shooting matches. An amendment to Chapter 165, Zoning, of the Code of Frederick County, Article IV, Supplementary Use Regulations, Section 165-48.4, and Article X, Business and Industrial Zoning Districts, Section 165-82B, B2, Business General District. Action - Recommended Approval Mr. Wyatt said that the Development Review & Regulations Subcommittee (DRRS) received a request from Mr. Matthew Croke to allow commercial outdoor batting cages in the B2 (Business General) Zoning District. He said that Mr. Croke believed that the use would be compatible with other commercial uses and would draw more users in a commercial setting than in a Rural Area District in conjunction with a Conditional Use Permit. Mr. Wyatt stated that the DRRS discussed several issues involved with the proposal, which included the ability to operate the use indoors as opposed to an outdoor facility, the scale and intensity of the use, and the impacts that the use would have on adjoining commercial uses. Mr. Wyatt said that the DRRS felt that the use would be appropriate provided that the scale and intensity of the operation would be limited and with reasonable performance standards. Mr. Matthew Croke was available to answer questions from the Commission. Members of the Commission asked if there were other applications presented for this type of use. Staff replied that Mr. Ralph Gregory had proposed a similar operation with a driving range on RA (Rural Areas) property with a conditional use permit. Staff noted that Mr. Gregory installed the driving range, but has not yet built the batting cages. There were no citizen comments. The Planning Commission felt that the use proposed was compatible in the B2 District with the performance standards presented by the staff. 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 the amendment to Chapter 165, Zoning, of the Frederick County Code, Article N, Supplementary Use Regulations, Section 16548.4, and Article X, Business and Industrial Zoning Districts, Section 165-82B, B2 (Business General) District, as follows: Section 165-82B Allowed Uses SIC Code Commercial batting cages operated outdoors Section 165-48.4. Commercial batting cages operated outdoors. Commercial batting cages located in the B-2, Business General District shall meet the following requirements: A. Outdoor batting cage operations may be developed as stand alone facilities or may be located in conjunction with other permitted uses in the B-2, Business General District. B. Outdoor batting cage operations shall be constructed to meet the standards for rectangular cage systems and radial cage systems. Monopole cage systems shall not be permitted. C. Outdoor batting cage systems shall be developed within an area not to exceed 15,000 square feet. The perimeter of the outdoor batting cage facility shall be enclosed with an eight foot high chain link fence. D. Stock pipe utilized to support the outdoor batting cage net system shall not exceed twenty-five feet in height. E. Lighting fixtures for outdoor batting cage operations shall be engineered to reflect downward and shall not reflect light onto adjoining uses, properties, and road right- of-ways. An amendment to Chapter 165, Zoning, of the Frederick County Code, Article V, RA (Rural Areas) District, Section 165-51, Conditional Uses Action - Recommended Denial Mr. Wyatt said that the Development Review & Regulations Subcommittee (DRRS) W received a request from Randall R. Hamilton, P.C., to amend the Zoning Ordinance to allow sewage removal and drain cleaning service operations in the RA (Rural Areas) Zoning District with a conditional use permit. He explained that Mr. Hamilton's request limits this type of operation to those that existed prior to June 1, 1978. Mr. Wyatt stated that the DRRS did not feel that this type of operation was appropriate in the RA District based on the intensity of the use in general, that the condition proposed was inappropriate because it did not allow the use across the board in the designated district, and it was felt that the use was better suited to industrial areas. Referring to the letter submitted by Mr. Hamilton, Commission members asked if 558 Marple Road was the same location from which the Commissioners heard complaints from the neighbors about dumping of sewage and if the two businesses operating out of the residence for the passed 1.7 years had been operating illegally. Staff replied that it was the same location and the businesses were and are operating as illegal non -conforming uses from that location. Mr. Michael Wilson, the attorney representing Mr. Donald R. Merritt, said that both he and Mr. Hamilton drafted the proposed ordinance amendment. Mr. Wilson said that the two businesses that are operating at Mr. Merritt's residence are the pump and haul (operating for 21 years) and the Roto -Rooter franchise (operating for 18 years) and consists of seven trucks, a telephone, and parking for vehicles. Mr. Wilson stated that Mr. Merritt has paid all County taxes and held County business licenses for all of that time. Mr. Wilson said the reason for asking for this text amendment is because there is no conditional use permit for the operation of this business in an RA (Rural Areas) Zoning District. Chairman DeHaven called for anyone wishing to speak regarding the amendment and the following persons came forward: Mr. Michael Wilson, the attorney representing Mr. Donald Merritt, said that he wanted to speak as a private resident of Frederick County. Mr. Wilson spoke in favor of Mr. Merritt's operation. Mr. Alfred Feltner, adjoining property owner, came forward to speak in opposition. Mr. Feltner stated that Mr. Merritt has dumped sewage and commercial waste within 150'-200' of his home. He said that he contacted the State Water Control Board about the situation and they should have a record of his complaint. He said that Mr. Merritt pumps sewage from smaller trucks into larger trucks on the site and spills occur. Mr. Feltner also complained about foul odors and said that something should have been done about this operation a long time ago. Mrs. Hazel Shanholtz, adjoining property owner, said that pumping was taking place just last week and there was a terrible odor. She said that pump hoses were laying out on the ground. Mrs. Shanholtz stated that in the summer, there are many flies and insects and the operation continues to be a total disturbance for anyone living near it. She said that there is only 50' from her house to 10 Mr. Merritt's. Mrs. Shanholtz said that Mr. Merrit does not have enough real estate for this type of business. She said that he has about 200' frontage and 200'-250' in the rear and she felt it wasn't enough room to handle all that and keep it from being a nuisance to the neighbors. Mrs. Shanholtz felt that the operation should be stopped. Mr. hick Staubs stated that out of two local phone books he counted 34 businesses of this type. Mr. Staubs felt that allowing a sewage removal and drain cleaning service to operate on RA property was undercutting businesses that had to buy higher priced, commercial property and inhibited fair market competition. Mr. Bruce Clark, adjoining property owner, stated that Mr. Merritt's operation was an eyesore, it was noisy, and he did not want this type of business in his residential neighborhood. In response to Attorney Wilson's statement that he knew of no complaints, members of the Commission stated that they had indeed received numerous complaints from neighbors concerning sewage being poured on the ground, noise of operations, and had even been presented with photographs of sewage spilled on the snow. Members of the Planning Commission felt that it was inappropriate to word an amendment revising the zoning ordinance that would only benefit one individual. They also commented that the proposed amendment did not indicate any boundaries as to how extensive the operation could become. They felt that although a sewage removal and drain cleaning service operation served people in a residential area, it was too intensive of an operation to be located within a small -lot residential area and had the possibility of creating a great impact on adjoining residential properties. Some members felt that it may be possible to operate this type of business in RA, if enough property was available. The Commission voted unanimously to recommend denial of the amendment proposal. (Mr. Stone was absent.) Upon motion made by Mr. Ellington and seconded by Mr. Ours, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend denial of the amendment to Chapter 165, Zoning, of the Frederick County Code, Article V, RA (Rural Areas) District, Section 165-51, Conditional Uses, to permit sewage removal and drain cleaning service operations that have been in business prior to June 1, 1978 to be located in the RA (Rural Areas) District through the issuance of a conditional use permit. Master Development Plan Application #005-96 of Mosby Station and Mosby Station H. This proposal calls for the development of 85 single-family detached urban units on 36.12 acres within Mosby Station I and for the development of 17 single-family detached traditional units on 17.3 acres within Mosby Station II. The properties are located on the south side of 11 Macedonia Church Road (Rt. 642) east of the intersection with Aylor Road (Rt. 647) and west of the intersection with White Oak Road (Rt. 636). The properties are identified with P.LN.s 75-A-104 and 75-A-105 in the Opequon Magisterial District. Action - Approved Mr. Charles W. Maddox, Jr. of G. W. Clifford & Associates, Inc. was present to represent the owners, Frederick Development Co., Inc. and James L. Bowman, Mr. Maddox presented the master plan to the Commission. There were no citizen comments. Members of the Commission felt that some method needed to be utilized to insure that the portion of Warrior Drive between Sections I and 11 was constructed as a part of this development. Regarding the proposed future commercial uses in Phases III and IV, the Commission cautioned the applicant about his timetable for commercial rezoning of the property, considering its adjacent location to residential development. There was some concern expressed about the appropriateness of the location of open area along Tasker Drive, however, it was pointed out that since this development required only passive open space, the developer was not required to provide any recreational amenities that would promote activity in this area. Members of the Commission had no problem with the cul-de-sac extension to 1,100 feet, but they did make it clear that no more than 25 lots were to be constructed along the street. Upon motion made by Mr. Marker and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the proposed master plan with the following stipulations: 1) the applicant will work with the staff to designate the construction of Warrior Drive as partof a future active phase of development; 2) the extension of the cul-de-sac to 1,100 feet will be allowed, however, no more than 25 lots are permitted along the street; and 3) the applicant will need to adequately address all review agency comments and all issues identified by the staff, the Planning Commission, and the Board of Supervisors. Subdivision Application #005-96 of Wright's Run Limited Partnership to subdivide 196.5625 acres of MI (Light Industrial) property in the Shawnee Magisterial District into two lots consisting of 10.00 acres and 186.5625 acres. Action - Recommended Approval Mr. Miller said that the owners of Eastgate Commerce Center (Wrights Run Limited 12 Partnership) are financing the extension of water and sewer utilities to the Center to be logically installed simultaneously with the construction of Route 642. He said that security for the loan involves the transfer of a 10 -acre parcel of MI zoned land as shown on the presented plats. He stated that this proposal would not meet ordinance requirements because there is no master plan and the property has no road frontage at this time. Mr. Miller said that the understanding of approval is that the use of the property is restricted until a master plan is presented and road frontage is provided. Mr. Miller said that the star feels this is reasonable to assist the owners in getting the utilities extended to the property. He said that the staff will ensure that this notation appears on the plat prior to final administrative approval of this division. Mr. Miller noted that the owner has also agreed to provide an affidavit to be placed on file. Mr. Charles W. Maddox, Jr. with G. W. Clifford & Associates, Inc. was present to represent the owners, Allan Hudson, Jr., Frank Maranto, Sidney Lesowitz, Richard Peterson, and City Miller. There were no citizen comments. The Commission felt that the notation on the plat and affidavit by the owners would preclude any use of the property until ordinance requirements were met and they felt it was reasonable to assist the owners by approving this request. Upon motion by Mr. Ron ine and seconded by Mr. Ours, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Subdivision Application #005-96 of Wright's Run Limited Partnership to subdivide 196.5625 acres of M1 (Light Industrial) property in the Shawnee Magisterial District into two lots consisting of 10.00 acres and 186.5625 acres. Waiver Request for the Walnut Grove Subdivision according to Section 165-54 D.(2) of the Zoning Ordinance which states that the Planning Commission may permit the 40% reserved parcel in a rural preservation subdivision to be made up of two parcels. Under this provision, the applicant is requesting a waiver to permit the configuration of his proposed seven -lot subdivision. This property is zoned RA (Rural Areas) and is located on White Hall Road (Rt. 671) in the Gainesboro Magisterial District. Action - Approved Mr. Miller stated that he received a request through Greenway, Inc. on behalf of a client developing the Walnut Grove Subdivision, which is a Rural Preservation Subdivision. Mr. Miller stated that Section 165-54 D.(2) of the Zoning Ordinance permits the 40% required reserved parcel to be made up of two parcels and under this provision, the applicant is requesting a waiver that would permit the 40% parcel to be reserved in two parcels rather than one. Mr. Miller explained that 13 the parcel does not have enough frontage on White Hall Road to permit the division of two lots along the road. He said that putting the portion along White Hall Road in the 40% reserved parcel keeps houses from being placed along the road and makes the setting more preserved as rural area. He added that the proposed road must be located at the depicted location because of VDOT requirements. Mr. Miller said that the staff believed this would result in a better looking subdivision with a more reasonable layout of the lots. Members of the Commission were concerned about the configuration of lots as presented because each lot did not have a perc site and thus, did not represent a building site. The members of the Commission were concerned about maintenance of the lot and the precedent setting situation that could be created by approving the request as presented. Bruce Edens of Greenway, Inc. said that the owner, Mrs. Jones, said that she would be willing to sell the parcel which is divided by the road to one or the other of the adjacent property owners. Mr. Miller said that the plats could be redone to eliminate the line between Lot 1 and the suggested 40% parcel which abuts the road and Lot 7 and the other suggested 40% parcel which abuts the road, make it a restriction line, and designate the area as not buildable and part of the 40% parcel. Mr. Miller said that Lot 1 or Lot 7 could be used as the residual parcel. The Commission believed this would solve the maintenance problem they were concerned about. Upon motion made by Mr. Thomas and seconded by Mr. Ours, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve the waiver request for Walnut Grove Subdivision under Section 165-54 D.(2) of the Zoning Ordinance permitting the 40% reserved parcel in this rural preservation subdivision to be made up of two lots with the following configuration: a restriction line shall be placed between Lot 1 and the lot abutting the road and between Lot 7 and the lot abutting the road. The lots abutting White Hall Road shall be designated as unbuildable and a part of the 40% reserved parcel. Waiver Request of Hill Valley Master Development Plan #001-96 under Section 165-63.B of the Frederick County Zoning Ordinance to allow more than 50% steep slopes within a proposed residential development's open space. This property is zoned RP (Residential Performance) and is located on Greenwood Road in the Stonewall Magisterial District. 14 Action - Approved Mr. Lawrence said that a request was received from Stephen M. Gyurisin with G. W. Clifford & Associates, to permit more than the maximum percentage of environmental features in the required open space. Mr. Lawrence said that the zoning ordinance states that no more than 50 percent of the required open space should consist of environmental areas. He stated that the Hill Valley preliminary master development plan contains open space that consists of 82 percent environmental areas, exceeding the 50 percent limit. Mr. Lawrence added that the Board of Supervisors reviewed the plan on May 13, 1996, and approved it contingent upon numerous items -- the open space issue was one of the concerns. Mr. Stephen M. Gyurisin with G. W. Clifford & Associates was representing the applicant for the Hill Valley Master Development Plan. Mr. Gyurisin stated that they were proposing 2.1 acres of open space over the minimum required, which would be 82 percent steep slopes. Commission members did not want to penalize the applicant by not approving the higher amount of steep slope area, if he was providing more open space. Upon motion made by Mr. Light and seconded by Mr. Wilson, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve the waiver request for Hill Valley Master Development Plan under Section 165-633 of the Frederick County Zoning Ordinance to permit more than 50 percent steep slopes within a proposed residential development's open space. APPOINTMENT OF JIMMIE ELLINGTON TO THE COMPREHENSIVE PLANS & PROGRAMS SUBCOMMITTEE Chairman DeHaven appointed Mr. Jimmie Ellington to the Comprehensive Plans & Programs Subcommittee. BATTLEFIELD TASK FORCE ISSUES As the Planning Commission's liaison to the Battlefield Task Force (BTF), Mr. Light brought the Commission's attention to an urgent matter concerning the purchase of the Grimm Farm. Mr. Light said that the BTF was initially created to develop a Battlefield Tour Network Plan and to designate historic sites for preservation. He said that this work is now finished, however, a structured 15 body has not been set up to take on the second step, which is to make plans for designated properties. He said that the problem is that time is running out on the purchase contract for the Grimm Farm and this other body has not yet been established to deal with this and meet the time limit. Mr. Light said that a person is needed to lead the group towards acquiring the money to finish paying off the farm, which is more than half paid for at this time. Members of the Commission were agreeable to expressing some sort of support towards this cause. Mr. Light moved for the drafting of a resolution to the Board from the Planning Commission stating their support the continuation of obtaining and raising the funds for the Grimm Farm. This motion was seconded by Mr. Marker. Some members of the Commission were not in favor of the motion because they felt this was a matter for business of the BTF, not the Planning Commission, especially since the BTF was a Board of Supervisors' committee. It was also felt that it would be difficult to get a resolution drafted and signed before the next Board meeting. Mr. Light then amended his motion to state that he, as the Commission's liaison to the BTF, and the Chairman of the BTF, will attend the Board meeting to express the feelings on the continuation of support for raising funds for the Grimm Farm with the Commission's endorsement. The amended motion was seconded by Mr. Marker and passed by the following vote: YES (TO APPROVE THE MOTION): Ours, Morris, Thomas, Romine, Wilson, Marker, Copenhaver, Light NO: Ellington, DeHaven CANCELLATION OF THE JUNE 19, 1996 MEETING The staff reported that there were no items pending for the June 19, 1996 meeting of the Planning Commission. The Commission voted unanimously to cancel that meeting. OTHER Chairman DeHaven said that on several occasions during the meeting, it was stated that, "...it was the intent of the group, but it was not written in the Code." Chairman DeHaven said 16 that when these situations are encountered, he feels it is important to look at the Code again to make sure it is stating what was intended. Members of the Commission noted that a number of changes were made to the Committee's version. The consensus of the Commission was that this section of the Code should go back to the Development Review and Regulations Subcommittee for review. ADJOURNMENT There being no further business to discuss, the meeting adjourned at 10:30 p.m. by unanimous vote. Respectfully submitted, Kris C. Tierney, Interim Planning Director Charles S. DeHaven, Jr., Chairman MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Old Frederick County Courthouse in Winchester, Virginia on July 3, 1996. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; John R. Marker, Vice-Chairman/Back Creek District; Marjorie H. Copenhaver, Back Creek District; John H. Light, Stonewall District; Terry Stone, Gainesboro District; Roger L. Thomas, Opequon District; Robert A. Morris, Shawnee District; Robert M. Sager, Board Liaison; and Jay Cook, Legal Counsel. ABSENT: George L. Romine, Citizen at Large; Richard C. Ours, Opequon District; S. Blaine Wilson, Shawnee District; Jimmie IC Ellington, Gainesboro District; and Vincent DiBenedetto, Winchester City Liaison. STAFF PRESENT: Kris C. Tierney, Interim Planning Director; Evan A. Wyatt, Planner II; W. Wayne Miller, Zoning Administrator; and Renee' S. Arlotta, Minutes Recorder. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. BIMONTHLY REPORT Chairman DeHaven accepted the Bimonthly Report for the Commission's information. 2 COMMITTEE REPORTS Development Review SL Regulations Subcommittee (DRRS) - 6/27/96 Mtg. Mr. Thomas reported that the DRRS discussed standards for tabling procedures and new standards for flex -tech developments. Comprehensive Plans & Programs Committee (CPPC) - 07/01/96 Mtg. Mrs. Copenhaver reported that the CPPC reviewed work done to date on the Route 11 North Corridor Study. She said that a public meeting is scheduled for July 16 at 7:30 p.m. at the Stonewall District Ruritan Club to present the transportation and land use proposal to the public. Mr. Tierney added that the committee also discussed two requests for extension of the Sewer and Water Service Area (SWSA) for use by two churches. He said that the CPPC recommended approval of both requests. Kernstown Battlefield Association (ICBA) (formerly the Battlefield Task Force) - 07/01/96 Mtg. Mr. Light said that the Battlefield Task Force has now evolved into a new association, the Kernstown Battlefield Association, which is the next step towards raising money for the purchase of the Grim Farm. Mr. Light said that about 30 new people were in attendance. He said that a trustee board was formed and a preliminary constitution was adopted. Mr. Light said that they now have an office established and are well on their way, with much enthusiasm, towards their goal. Sanitation Authority (SA) - 06/20/96 Mrs. Copenhaver reported that two new members were appointed to the 91 Authority --Mr. James Anderson replaced Mr. Chuck Ferris and Mr. John Stevens replaced Mr. Mike Smith. She said that both Mr. Ferris and Mr. Smith had resigned from their positions. Mrs. Copenhaver said that the Stephens Run plant is no longer receiving or discharging flows and will be converted to a retention basin. She said that as of June 1, all flows were directed towards Parkins Mill. Mrs. Copenhaver also reported that the Administration Building will be completed on time and July 15 is the scheduled move date. PUBLIC MEETING Master Development Plan #006-96 of Chapel Hill for 35 single family detached urban residential lots on 15.04 acres, zoned RP (Residential Performance) District. This property is located on the east side of Route 522 South, approximately 700 feet south of Longcroft Road, and is identified with PIN 64-2- B in the Shawnee Magisterial District. Action - Recommended Approval Mr. Stephen M. Gyurisin and Mr. Charles W. Maddox, Jr. of G.W. Clifford &-Associates, the project engineers, were present to represent the owners of the Chapel Hill development, Valley Development Group. Mr. Gyurisin presented the master plan to the Commission. Proceeding with the staff report, Mr. Tierney said that provisions should be made for the continuation of Hockman Drive onto the undeveloped adjoining RP property (to the south) to ensure safe and adequate traffic circulation and access between both properties. In addition, he said that Hockman Drive is shown as a cul-de-sac that is approximately 1,500 feet in length, which exceeds the Subdivision Ordinance requirements by 500 feet. Mr. Tierney said that the staff believed that this cul-de-sac should not be permitted and the continuation of Hockman Drive must be provided onto the adjoining property. Mr. Tierney said that in addition to the County Engineer's comments regarding the location of a stormwater management facility, the staff believed the issue of the existing stream needed to be addressed. He explained that the stream runs from Route 522 to the existing pond in approximately the same location as the proposed Hockman Drive and the applicant needs to identify how the stream's location 4 and the road design will be integrated. Chairman DeHaven called for citizen comments and the following persons came forward to speak Mrs. Boyd Unger, adjoining property owner, felt that the density proposed was too high and she asked what happened with the County's two -to -five -acre minimum requirement; she requested that buffers be required along both sides of the site; she was concerned about run-off from the site because of the numerous ponds in the area and that one overflows into the next one consecutively; she was concerned about liability if someone, perhaps a child, from this development would come onto her property and have an accident in one of the ponds; she was concerned about disruption and impact to the existing wildlife; she was concerned about the effect this development would have on property values and taxes; and finally, she was concerned about the traffic impact. Mr. Dusty Destefano, adjoining property owner, said that his family owns the property adjacent to the proposed Hockman Drive. Mr. Destefano said that this area is a wet -weather stream and stays wet eight to nine months of the year. He expressed his concern about the potential increased traffic, possible vandalism, and he was also concerned about removal of trees. Mr. Destefano requested that the developer or homeowners association be required to install a ten foot fence along his property line. Mr. Billy Alexander Wallcer, adjoining property owner, was also concerned about run-off from the proposed development emptying into his daughter's (Mrs. Boyd Unger) ponds which contain an abundance of fish. Mr. Walker was concerned about the impact to the abundant wildlife in this area. Mrs. Walker was also present to speak --she requested that a fence be installed along the property line. Mrs. Destefano, adjoining property owner, said that her home sits at the corner of Route 522 and the proposed Hocicman Drive. She said that both roads are extremely close to her home and she was concerned about the traffic. Mrs. Destefano was also worried about water run-off because her yard currently floods when it rains. Commissioners were concerned about the preservation of existing woodlands. Mr. Gyurisin said that they planned only to remove trees necessary for the construction of roads and housing pads. Mr. Gyurisin said that the woodlands were planned to be a marketing feature for this development. Commissioners also inquired about aircraft noise from the Winchester Regional Airport. Mr. Maddox said that they were outside of the 500 foot impact zone, 5 however, there would still be some noise impact. Commissioners raised the issue of connecting to an RP parcel that had the potential to become a high density subdivision and the potential for a lot of traffic to be traveling through Chapel Hill. It was pointed out that the connection should be made now, before houses are constructed. Commissioners spoke about whether the most over- riding concern was the potential traffic or access for emergency vehicles. The point was made that the adjoining parcel had long frontage on 522 and had several locations where a minor or major collector roadway could be connected to 522 to provide quality transportation. Mr. Maddox requested that if this master plan was approved with the stipulation that an interparcel connector be provided, that a note be placed on the plan that would restrict extension of the connector at least until an adequate additional roadway access was provided on Route 522 by the adjacent site. In response to the adjoining property owners concerns about the water runoff, Mr. Maddox said that a submerged storm sewer system will be installed to take care of the drainage. Mr. Maddox said that they will provide curb and gutter, storm sewer, and sidewalks throughout the development. He requested that they be permitted, however, to construct a sidewalk on only one side of Hockman Drive out to Route 522. Commissioners stated that sidewalks on both sides of the street are required by the ordinance and should be upheld. Some members of the Commission felt that the issue of fencing, raised by neighbors who were concerned about liability, was an issue that needed to be addressed at some point by the Commission. The question of maintenance responsibility was raised. Upon motion made by Mr. Morris and seconded by Mr. Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Master Development Plan #006-96 of Chapel Hill with the stipulation that Hockman Drive be extended to the southern property line, that Hockman Drive be restricted as a secondary access only for the adjoining property and that the extension is to be preceded by a primary access to Route 522 by the adjoining property. Build out percentage of the adjoining property is to reach 75% prior to making the connection. n Site Plan Application #050-95 of Hardee's,/Mobil Oil for a restaurarat/cunvenience center. This property is located at the southeast corner of Northwestern Pike (Rt. 50W) and Ward Avenue and is identified with PINs 53B-3-1, 53B-3-2, 53B-3-3, and 53B-3-4 in the Back Creek Magisterial District. Action - Approved Mr. Wyatt said that a conditional use permit for a restaurant and convenience center with gasoline pumps at the Hardee's/Mobil Oil site was approved by the Planning Commission on October 4, 1995 and by the Board of Supervisors on October 25, 1995. He said that the Planning Commission requested a formal review of the site development plan and the items requested by the Commission were that the applicant provide landscaping along the front of the parcel to create a green, rural -like atmosphere, that the parking area between the Livestock Exchange and the new facility be separated by a raised, landscaped island, that signs not be overbearing or impact residential uses, and that the front of the building should be aesthetically pleasing. Mr. Charles W. Maddox, Jr. and Mr. Stephen M. Gyurisin of G. W. Clifford & Associates, the project engineers, were present to represent the owner, Mr. Bill Wright. The Commission had numerous questions about the exterior of the building and lighting to determine if the desires expressed by the Commission during their review of the CUP were going to be met. Members of the Commission felt it was very important for the appearance of the building to be attractive because of its location, entering the City of Winchester. It was noted that the hospital and the McDonald's on the other side of Route 37 had set a definite "colonial theme" for the character of traveling in towards Winchester and they felt it was important to maintain the integrity of that corridor. Mr. Gyurisin said that the exterior of the structure will be brick and the windows will have grilled panes for a colonial -type look, through traffic between this site and the Farmers Livestock Exchange has been eliminated; the southwestern corner of the site and the perimeter of the site will be heavily landscaped; and only one sign will advertise both the Hardees' restaurant and the gasoline pricing. Members of the Commission asked if there was adequate turning distance for a truck making a right-hand turn into this site so that before a truck driver needs to stop, he is able to get off the road. Mr. Maddox replied that they are 50 feet back off the road, whereas previously, the setback was only 20 feet. Members of the Commission were satisfied that the applicant had met all of their desires concerning landscaping, signs, and the raised island, however, they were still concerned about whether the exterior of the building was going to meet their expectations. They requested that before the site plan was administratively approved, that the staff and/or applicant provide them with a visual rendering of the structure and either mail or fax it to each of the Commissioners so that they could determine if the applicant's proposal was what the Commission had in mind. Upon motion made by Mr. Marker and seconded by Mrs. Copenhaver, BE IT RESOLVED, That the Frederick County Planning Commission unanimously agreed to allow the staff to proceed with administrative review and approval of Site Plan #050-95 of Hardee's/Mobil Oil Convenience Center, provided that the Commissioners responses to the rendering of the proposed structure were positive. Waiver Request by Debra Allanson under the provisions of Section 144-5 of the Frederick County Subdivision Ordinance to subdivide a parcel of land identified as PIN 61-A-78 into two lots. This property is located at the corner of Pitcock Lane and Miller Road in the Back Creek Magisterial District. Action - Recommended Approval Mr. Miller stated that Debra Olan Allanson is the owner of a parcel of land, PIN #61-A-78, located at the corner of Pitcock Lane and Miller Road which is nonconforming because it has two residences. Mr. Miller said that Mrs. Allanson desires to divide the parcel into two lots so she can finance the house in which she resides and deed the other residence to her daughter. He explained that permitting this will create two nonconforming lots, but will not increase the intensity of the use. Mr. Miller said that Mrs. Allanson has committed to drilling a well on Lot 1 where she lives and has tentative approval from the Health Department to utilize an off-site easement for a health system. Mr. Miller added that on the back portion of the property, opposite Pitcock Lane, there are several buildings that were built on the property line and would still be in violation of setbacks. Mr. Miller said that Mrs. Allanson has acquired a 14 foot strip of land which now puts those accessory buildings in compliance with setbacl-,s. He stated that Mrs. Allanson has certainly gone above and beyond to attempt to correct setback H violations. Mrs. Debra Olan Allanson was present to answer questions. There were no public comments. The Commission felt that approval of this request would permit the owner to accomplish desired actions, would eliminate the nonconforming situation of two residences on the same lot, and would not increase the intensity of the use. Upon motion made by Mr. Marker and seconded by Mrs. Copenhaver, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the waiver request by Debra Allanson, under the provisions of Section 144-5 of the Frederick County Subdivision Ordinance, to subdivide a parcel of land, identified as PIN 61-A-7$, into two lots. Discussion regarding Planning Commission Procedures for development applications, policy issues, and ordinance amendment requests. No Action Necessary The staff was interested in obtaining input from members of the Commission to establish written procedures for acting on development applications, policy issues, and ordinance amendment requests. Mr. Wyatt proceeded to review the various steps currently taking place by the staff and Planning Commission on development applications. Everyone seemed satisfied that this process was acceptable. Mr. Wyatt next discussed the various steps regarding review of policy issues and the ordinance amendment requests proposed by the staff. He said that there is a point in both of these processes during which the Planning Commission has the authority to consider the merit of the request and the issues involved, and then to direct the staff as to how the Commission would like the staff to proceed. Mr. Wyatt said that the staff feels that the written procedures would allow for a smoother process for final action and would also be beneficial to the applicant in as far as knowing what direction he is to follow. One suggestion from Commission members was to set up informal meetings with the citizen, staff, and the Commission member from the district in question. Some E members stated that they preferred the informal discussions the Commission had with the applicant in the past because it allowed for interaction with other Commission members rather than using an individual approach. It was noted that this approach allowed each member to voice their concerns. Another point made was that the informal polling of Commissioners was sometimes uncomfortable because it required a decision based on limited information and then may be taken later as a commitment by the citizen. Mr. Tierney commented that the staff was attempting to get a mechanism in place whereby an individual could get some feedback in an informal setting, maybe from a committee, as to what the thoughts and reactions of the Commission might be. Chairman DeHaven felt the proposed procedures would help to address many of the concerns and problems that arise and would be helpful to the applicant. Chairman DeHaven requested that Commission members give this subject some extra thought, make some notes about the implications and applications, and he suggested that the Commissioners discuss the procedures again at a subsequent meeting. OTHER Members of the Commission discussed the possibility of establishing guidelines to implement the vision of the Round Hill Plan for protection of the appearance of the corridor. They felt that such guidelines would be beneficial to the Commission when making decisions on items such as the Hardee's/Mobil Oil that was considered this evening. Commission members were interested in establishing general guidelines for site design concepts, such as how much screening is appropriate and what type of signs are appropriate; however, they were not interested in establishing architectural standards. It was decided that the DRRS should formulate some guidelines for the Commission's consideration. ADJOURNMENT There being no further business to discuss, the meeting adjourned at 9:40 p.m. by unanimous vote. 10 ADJOURNMENT There being no further business to discuss, the meeting adjourned at 9:40 p.m. by unanimous vote. Respectfully submitted, Kris C. Tierney, Interim Planning Director Charles S. DeHaven, Jr., Chairman BIMONTHLY REPORT OF PENDING APPLICATIONS (printed August 6, 1996) Application newly submitted. REZONINGS: Scully Ltd. (Rez #005-96) -.Opeguon 1 25,593 sf from B1 to B2 Location: So. Side of 277, E of 1-81/Stephens City Interchan e 108/07/96 Submitted: 07/23/96 PC Review: BOS Review: BOS Review: 09/11/96 - tentatively scheduled Valley Mill Estates (Rez #004-96) Stonewall 1.0731 acres from RA to RP Location: No. of VallSy Mill Rd. t. 659) 3/4 mi. east of Rt. 656 Submitted: 06/24/96 PC Review: 08/07/96 BOS Review: 09/11/96 - tentatively scheduled MASTER DEVELOPMENT PLANS: Chapel Hill (MDP #006-96) Shawnee SF Det. Urban Residential on 15.04 acres (RP) Location: East side of Rt. 522 So.; 700' south of Lon croft Rd. Submitted: 06/10/96 PC Review: 07/03/96 - recommended approval BUS Review: 108/14/96 - tentatively scheduled Mosby Station, Sect. I & II (MDP #005-96) Opequon SF Detached Residential on 36.12 acres (RP) Location: old Rt. 642 & relocatcd Rt. 642 Submitted: 05/02/96 PC Review: 06/05/96 - recommended approval BOS Review: 07/10/96 - approved Admin. Approved: Awaiting completion of review agency comments Bill Valley (MDP) Stonewall 54 SF Det. Cluster; 26.123 Ac. (RP) Location: N.W. Corner of Valley Mill & Greenwood Rds. Submitted: 11/15/95 PC Review: 03/06/96 - Recommended Approval BOS Review: 05/13/96 - Approved Pending Admin. AppK2Lah Awaiting completion of staff & review a enc comments SUBDIVISIONS: Greenwood Rd. (SUB #007- 95) Shawnee Subdivision of 2.837 ac. into five lots (RP) Location: W. Side of Greenwood Rd (Rt. 656) approx. 1,400' north of Sensen Rd. (Rt. 657) intersection Submitted: 07/22/96 PC Review: 08/07/96 BOS Review: 09/11/96 - tentatively scheduled Fredericktowne Est. Sect. 14 & 15 (SUB #004-96) Opequon 33 SF Trad. Lots on 9.9804 Acres (RP) Location: East of Stephens City; N. b. of Sections 11-13 Submitted: 05/02/96 MDP #007-88 Approved 12/05/88 Admin. Approval: Section 15 Pending; Section 14 Approved 07/30/96 Valley Mill Estates (SUB) Stonewall 21 SF Trad. Lots (RP) Location: No. Side of Valley Mill Rd. & East of Greenwood Rd. Submitted: 10/23/95 MDP #001-95 Approved 04/26/95 Pending Admin. ApRE2yahj Awaiting bonding, signed plats, & deed of dedication Winc-Fred Co. IDC (SUB) Back Creek 2 Ml Lots (0.552 acres & 20.285 acres) Location: Southeast side of Development Lane Submitted: 09/08/95 MDP #003-87 1 Approved 07/08/87 Pending Admin. Approval LAwaitingsigned plats. RT&T Partnership (SUB) Back Creek 1 Lot - 29.6 Acres (B2) Location: Valley Pike (Rt. 11 So.) Submitted: 05/17/95 MDP #003-91 Approved 07/10/91 Pending Admin. A proval: Awaiting submission of signed plat & deed of dedication Briarwood Estates (SUB Stonewall 20 SF Det. Trad. Lots (RP) Location: Greenwood Rd. Submitted: 01/03/94 MDP #005-93 Approved 12/8/93 Pending Admin. Approval: Being held at applicants request. Abrams Point, Phase I (SUB) Shawnee 230 SF Cluster & Urban Lots I (RP) Location: South side of Rt. 659 Submitted: 05/02/90 PC Review: 06/06/90 Approved BOS Review: 06/13/90 Approved Pending Admin. Approval: Awaiting deed of ded. , 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 Approved BOS Review: 1 10/26/94 Approved Pending Admin. Approval: I Awaiting signed plat. SITE PLANS: Ft. Collier Industrial Pk. Lease Bldg. #3; Phase H (SP #033-96) Stonewall 60,000 s.f. bldg. on 4.24 ac. of a 10.946 ac. site (M1) Location: Brooke Road Submitted: 07/19/96 Approved: 07/29/96 Carousel Frozen Treats (SP #031-96) Gainesboro 162 s.f. mobile trailer on 0.0037 ac. of a 1.427 ac. tract (B2) Location: Round Hill Shopping Center; 2578 Northwestern Pike Submitted: 07/16/96 Approved: 07/31/96 Furlongs Sheet Metal (SP #032-96) Stonewall 5,040 s.f. bldg. on 0.569 ac. of 0.583 ac. site for refrigeration repair (132) Location: Southeastern side of Baker Lane Submitted: 07/17/96 Approved: Pending 5 Stimpson/Rt. 277 GO Fac Lube Service (SP 6030-96) Gpequon OR & Lube Sere., Car Wash, Drive-Thru on 2.97 ac. (B2) Location: 152 Fairfax Pk. hind Red Apple Country Store Submitted: 07/03/96 A roved: Pending Stonewall Mini -Storage (SP #028-96) Gainesboro Mini -storage on .25 ac. of a 2.56 1 ac. tract (Ml) Location: 120 Lenoir Drive Submitted: 06/20/96 Approved: Pending The Corners Restaurant (SP #027-96) Back Creek Addition to a restaurant on 0.10 acres of a 1.245 ac. site (RA) Location: 1429 South Pifer Road Submitted: 05/23/96 Approved: 11 .06/10/96 Pending 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 Approved: Pending Cedar Creek Center (SP #025-96) Back Creek Museum on 0.485 ac. of a 3.210 acre parcel (Bl) Location: 8437 Valle Pike (Rt. 11), Middletown Submitted: 05/16/96 A roved: Pending MOCO/House of Gifts P #022-96) Gainesboro Gas Pump Canopy 880 sq. ft. area of a 0.916 acre parcel (RA) cation: [Approved: 3548 North Frederick Pike bmitted: 05/08/96 Approved: Pending Dr. Raymond Fish (SP #023-96) Stonewall Mini -Golf Facility on 5,000 sq. 1 ft. of a 16 acre parcel (B2) Location: S.E. Corner of I-81/Ho well Rd. Intersection Submitted: 05/09/96 Approved: Pending Valley Mill Apts. (SP #020- 96) Shawnee 76 -unit apartment development on 7.684 acres (RP) Location: Corner of Rt. 658 & Rt. 659 Submitted: 04/12/96 Approved: Pending Stonewall Elem. School (SP #019-96) Stonewall Addition to lodge building on 3.4255 acre site (112) School Bldg; developing 8.22 ac. of a 10.0122 ac. parcel (RA) Location: 3165 Martinsburg Pike, Clearbrook Submitted: 04/11/96 Approved: Pending American Legion Post #021 (SP #018-96) Stonewall Addition to lodge building on 3.4255 acre site (112) Location: 1730 Berryville Pike Submitted: 04/10/96 Approved: Pending Dominion Knolls (SP) Stonewall 1 180 TH on 20.278 ac. (RP) Location: Intersection of Baker Lane and Gordon Street Submitted: 02/21/96 Approved: Pending Pegasus Business Center, Phase I (SP) Shawnee Office, Misc. Retail, Business on 2.5 ac of a 6.0623 ac site (112) Location: 434 Bufflick Road Submitted: 02/14/96 Approved: Pending D.K. Erectors & Maintenance, Inc. (SP) Gainesboro Indust Sery/Steel Fabrication on a 10 acre site (M2) Location: 4530 Northwestern Pike Submitted: 12/28/95 Approved: Pending Regency Lakes, Sect. E (SP) Stonewall 95 units on 28.0 acres (MBI) Location: North of Regency Lakes Drive Submitted: 10/27/95 Ap2roveA. Pendin Wheatlands Wastewater Facility (SP) Opequon Treatment Facility on 5 Acres I(R5) Location: So.West of Double Tollgate; ad'. & west of Rt. 522 Submitted: 09/12/89 Note: 11 Being held at applicant's request. Flex Tech (SP) Stonewall MI Use on 11 Ac. (Ml) Location: East side of Ft. Collier Rd. Submitted: 10/25/90 Note: Being held at a licant's request. CONDITIONAL USE PERMITS: Location: 140 Duck Run Lane Submitted: 07/29/96 PC Review: 09/04/96 BOS Review: 10/09/96 - tentatively scheduled Jennifer B. Harris (CUP #010-96) Opequon Cottage Occupation/Tool Sharpening (RA) Location: 6671 Middle Road, Middletown Submitted: 07/01/96 PC Review: 08/07/96 BOS Review: 09/11196 - tentatively scheduled Kenneth C. Poole, Jr. (CUP #009-96) Gainesboro Public Garage w/o body repair (RA) Location: 214 Stony Hill Road (Rt. 688 Submitted: 06/27/96 PC Review: --709/11/96 08/07/96 IFB—osReview: - tentatively scheduled Robert C. Fowler (CUP #007-96) Gainesboro Comm. Outdoor Rec. Facility/ 1 Shootin Range (RA) Location: 840 North Timber Ride Road Submitted: 05/10/96 PC Review: —710/09/96 06/05/96 - tabled to 09/04/96 BOS Review: - tentatively scheduled 10 VARIANCES: Eddie R. Roberts, Sr. (VAR #009-96) Stonewall 10side yd. for 24' X 24' 1 1 unattached garaLe (RA) Location: 483 Stephenson Rd. (Rt. 664) Submitted: 06/18/96 BZA Review: 07/16/96 - Tabled until 08/20/96 11 PC REVIEW: 8/7/96 BOS REVIEW: 9/11/96 CONDITIONAL USE PERMIT #009-96 KENNETH C. POOLE, JR. Auto Repair Shop LOCATION: This property is located at 214 Stony Hill Road. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 28 -A -165B PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas); Land Use: Residential ADJOINING PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas); Land Use: Agricultural PROPOSED USE: Auto repair shop without body repair. REVIEW EVALUATIONS: Virginia Dept. of Transportation: No objection to a conditional use permit for this property. However, prior to operation of the business, a commercial entrance must be constructed to our minimum standards to allow for safe egress and ingress of the property. Any work performed on the State's right-of-way must be covered by a land use permit. The permit is issued by this office and requires an inspection fee and surety bond coverage. Health Department: As there is no proposed increase in use of present sewage disposal system, the Heath Department has no objection to the proposed conditional use permit. Inspections Department: Building shall comply with Virginia Uniform Statewide Building Code and Section 311, Use Group S (Storage) of the BOCA National Building Code/1993. Other codes that apply are title 24 Code of Federal Regulation, -Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities. Will require a floor plan of existing building and a change of use Kenneth C. Poole, Jr., CUP #009-96 Page 2 July 25, 1996 permit and a new Certificate of Use and Occupancy issued. Fire Marshal: No comments Planning and Zoning: The proposed use is permitted with an approved conditional use permit. Applicant states that this will be a part-time business, and that it will be "drop off' and "pickup" with no waiting. The garage where the work will take place is far enough from the public road and screened so that it would be barely visible. Also, it is not visible from any adjoining residence. The arrangement of the property in relation to a wooded area and available parking is such that if more than five vehicles were parked there, they would be visible from the public road. It does not appear that allowing this use would have any negative impact on the neighborhood. STAFF RECOMMENDATION FOR 8/7/96 MEETING: All things considered, it appears that this request can meet the ordinance requirements and could reasonably be allowed. If permitted, the following conditions are suggested: 1. All repair work shall take place entirely within an enclosed structure. 2. All exterior storage of parts and equipment shall be screened from the view of surrounding properties by an opaque fence or screen at least five feet in height. This fence or screen shall be adequately maintained. 3. No more than five vehicles awaiting repair shall be allowed on the property. 4. No inoperative vehicles shall be allowed on the property at any time. 5. All review agency comments shall be complied with at all times. File: K:\WP\CMN\COMMENTS\POOLE.CUP Location Map for PIN: 28--A--165B CUP #009-96, Kenneth Poole, Jr. Submittal Deadline P/C Meeting BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (The applicant if the owner other) NAME: ADDRESS: TELEPHONE c r O 2. Please list all owners, occupants, or parties in interest of the property: 3. The property is located at: (please give exact directions and include the route number of your road or street) c 4. The property has a road frontage of�b feet and a depth of (;� r'o �1;d feet and consists of acres. (Please be exact) 5. The property is owned by as evidenced by deed from recorded (previ us owner) in deed book no. % on page 12.4 � _, as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. 7. 14 -Digit Property Identification No. Magisterial District %xz�,r�6�tn,rP.D Current Zoning A'A Adjoining Proper North East South West r Address / T� g&'e i KZwl iSir�� a Property ID# 2, 600— LL fCNi� I' t, S. The type of use proposed is cons It with the Planning Dept. before completing) 6�- IL_ �•Qfl.>ebf t"J 1 rWO< —J Soo y %Ze A1%)'1- 9. V'L 9. It is proposed that th� following buildings will be constructed: 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides, rear and in front of (also across street from) the property where requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this application: (PLEASE LIST COMPLETE 14 -DIGIT NUMBER. NAME Z6? Address / T� g&'e i KZwl iSir�� a Property ID# 2, 600— LL fCNi� L12Oz'�1 Address L2 t C�o�ir Property ID# 6 D —0 s / 1 7Sezc4Gr ' kct_ �✓..Li✓��: s7,�: Property ID# OQ� L9000— 01-70 Address Property ID# Address Property ID# r Address Property ID# Z6? 12. Additional comments, if any: jENEENWIP� =r — 19IPV,, I (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allorw 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. ft - TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: JUN 1996 �' DEPT, OF Pfl",ryi�(Nq U;] � Q n 'C PLA T SHOWING THA T PAR T OF THE PROPER T Y OF CHARLES KENNETH POOLE D.8. J80 PG. 579 TO 8E CONVEYED TO KENNETH C. POOLE, JR. GAINES80RO D/STRICT FREDERICK COUNTY, VIRGINIA JUNE 7, 1990 OWNERS CER 77f -ICA TE WE THE UNDERSIGNED OWNERS DO HEREBY CER77FY THAT THE PARCEL DELINEATED HEREIN WAS CREAMED W17H OUR FREE CONSENT AND IS IN ACCORDANCE WITH OUR {LASHES AND DESIRES. A------ SUR VEYOR S CER77FICA TE.- /, HOWARD W. GREENS7REET, A DUL Y LICENSED LAND SURVEYOR IN 77YE COM,woNifEAL 7H OF VIRGINIA, 00 HEREBY C£R77FY THAT THE PROPERTY SHOWN HEREON IS A PART OF THF PROPfRTY THA T WAS CON IEYED TO CHARLES KENNE771 POOLE, S DEED OA 7ED 7HE 2577Y OA Y OF AUGUST, 1971, RECORDED AMONC THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA, IN DEED 800K J80 PACE 5751- �• ''�':.'y,r` nti'!'`� .� - �T .� ••� � moo', DA IT APPROVED: FREDERICK �-OUNTY A HEAL 771 0EPAR7MENT DOVE -4 -ASSOCIATES 'J .SSDCMATES fl350'RAfM0"MTS'R0A1�''^3UMSHAWNEE �` (,o: -� Z!' SOITE• 750 �': ! . ; -'PO. BOX 2033 FAIRFA?C; 413GINIA 22030 WINCHESTER, VIRGINIA 22601 -r= s � `. 703.685-7414 •'- '-t` 703-667.1103 . ARCHITECTS ENGINEERS - PLANNERS SUNVEYORS •.4k , !'1 .. i' ' fl ARCHITECTS ENGINEERS - PLANNERS SUNVEYORS •.4k , !'1 .. 'C. J.,'65 3J.0 \\'-f'c� 688 R0 - -U-1 ,�,�!1'14 SECONDARY 5 01A/ -u 70 R�--9�20.00 S -r .00, L 11 .jq. .2 -Ty L 118.67' APPRO bEV 01111ELl l00/=e 0 6u Vo SET V4 e 00�16 6611 PIN SET IM11 z 1990 ARCHITECTS DOV.8,�.,�'-&'..:'ASSOCIP,,TES'.' ' 1,135TRANDP��US_RCAD77 J 'SHAWNEE DRIVE -" ---- ENGINEERS P.O. BOX 2033 PLANNERS .,.FAlRF,AXi,lYlAGlNIA 22030'-,. 2030 Iz,'.WINC HESTER, VIRGINIA 22601 0 - I � SURVEYORS 703-385,7414 703-667-1103 PC REVIEW: 8/7/96 BOS REVIEW: 9/11/96 CONDITIONAL USE PERMIT #010-96 JENNIFER B. HARRIS Cottage Occupation Tool Sharpening Business LOCATION: This prdperty is located at 6671 Middle Road. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 72-A-76 PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) District; Land Use: Residential ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land Uses: Residential and Agricultural PROPOSED USE: To operate a tool sharpening business REVIEW EVALUATIONS: Virginia Dept. of Transportation: No objection to a conditional use permit for this property. However, prior to operation of the business, a commercial entrance must be constructed to our minimum standards to allow for safe egress and ingress ofthe property. Any work performed on the State's right-of-ways must be covered by a land use permit. The permit is issued by this office and requires an inspection fee and surety bond coverage. Inspections Department: Building shall comply with Virginia Uniform Statewide Building Code and Section 306, Use Group F (Factory) of the BOCA National Building Code/1993. Other codes that apply are title 24 Code of Federal Regulation, Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities. Building floor plan shall be submitted for Change of Use permit on existing building. After permit is issued, building shall be inspected and a new certificate of use and occupancy issued before operating business. Jennifer B. Harris CUP #010-96 Page 2 July 24, 1996 Fire Marshal: No comments. Health Department: Proposed use from 5/29/96 telephone conversation with Ms. Harris is for no employees besides present residents of house on property and no public access to water or bathroom facilities. Health Department has no objection to this proposed use as long as the above conditions are met. Planning and Zoning: The requested use is permitted as a cottage occupation with an approved conditional use permit. A visit was made to this site on July 18, 1996 to evaluate the proposal. The building in which the proposed activity will be conducted is adjacent to the applicant's residence. The building is currently being used for storage for miscellaneous materials. A large metal lathe and other materials were being stored outside and a zoning violation in the form of an inoperative vehicle existed on the property at the time of my inspection. Mr. Harris was present during the visit and he was advised that he would need to eliminate the zoning violation prior starting the business if the request is approved. VDOT has stated that a commercial entrance will be required. Staff does not feel this should be required if there will be no one coming to the location to receive service. The applicant has stated that there will be no customers coming to the location. Should this not be the case, the applicant will be required to work with VDOT to satisfy their requirement for a commercial entrance. Staff Recommendation for 8/7/96: This request meets ordinance requirements and staff believes a recommendation for approval is appropriate. If approved, the following conditions are recommended: 1. All work associated with the business shall be conducted inside the existing structure. 2. No outside storage of machinery associated with the use, materials awaiting service or completed work shall be allowed. 3. All review agency comments shall be complied with at all times. 4. If customers are going to be coming to the property for service, VDOT's commercial entrance requirement must be met. N W- .r E s ett Fo�'j 56 Zoned RAI 6'211 11A 89 Z;772 55 222-374 92 91 90 57 L 67 ` See 69 7 75 -d78A Vo�oc 78 v 58 59 0 60� aQ 61 Q 618 65 64 s2 C�RE'E1 pEQU N DIST. 85 / 82 00 80 81 �O �a°n Geo 87 81A 93 R See 84—(A)-1 t, 6 98 98A bio as d 96 See 84—(A)— Location Map for PIN: 72-A-76 CUP #010-96, Jennifer Harris Submittal Deadline P/C Meeting BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 2-96 1-7-26 9_11_ 9 1. Applicant (The applicant if the _�- owner other) NAME: Jenn, ycr -B : s ADDRESS: 6101 rn ; J a I, RJ m, d �I � �y A TELEPHONE Sap_ R6q_ 4,g-2(-) Nom, 8h9_ 2-A70 wer 2. Please list all owners, occupants, or parties in i t -p- o the property: C la K 3. The property is located at: (please give exact direct include the route number of your road or street) b I / F. f- 4. The property has a road frontage of 490 feet and a depth of QRS I feet and consists of l,q Z acres. (Please be exact) --z- 5. The property is owned by �enn,er l.. SrY., }� as evidenced by deed from g,�. F , Z c recorded in deed book no.(Previous owner) g on page- pq 1,-I as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. 14 -Digit Property Identification No. '12 - A _ -1L, Magisterial District pp ,tet A -c tC C- Current Zoning RA ' 7. Adjoining Property: USE North /��{„ East South -11, AI West Zr e — Ar,1,,t ZONING RA RA RA (3 A 8. The type of use proposed is (consult with the Planning Dept. before completing) C + u _ -foot +..II re--,KafRt„+ rc,5h.pe, und p,, -i cs,6. -n 1, J, 5- tr r'1`� rra.,..rrs �lac�c�,,,e�„�,,,_,F4b�,rcic aid ma � •,e„„Small iub�.,_. �.X�„+.mss c,�d d,[5. '?f epa�� bra Ka n�'1' S�.•d.� A.d +qpS. �--- 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, 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 Kin�reer , �rown V - Address 65'z'L middle- RJ-, M+ddle4--- V zt�4s_ q8o, Property ID# 7 1 - A Kee -ler, I�4�ricc,Z1 • y- I(are., Ann Address 133 Cn�-:a�e L.,, M,ddl� w� VA 2.z6A -Jq&I Property ID# -� z _ A _ /} C kc - le.) N. � Address b71 s m; ddb, Rd., rn,Ue4. , VA 2zbg5_gbo, Property ID# , A _ 5 Address Property ID# Address Property ID# Address Property ID# \� �ul71IrY \ ALOE 0/N WIRES 1 10' GRAwl Raw 1H I IoY X aJ GRA A T,E 1 I /w 'Yr mr.. 114x' 1 HOUSE L OCA 77ON SUR tEY ON T7/£ PROPERTY OI - ERIC G. FINZEN do SUSIE A. FINZEN MW BOOK 600 PAC£ 807 CP£G1l m DISTRICT FREDERICK COUNTY, NRGJNIA BMW BLDG I/mIrY . i- PACE M a SE£ orrm 0 V B0X �L' .. ou _ N j � At4 \ * �'9Q ear A 16' RIGNr-or- WAY EXISTS' ON 7HE EASrERL Y SIDE Or 7HE COMMON BOUNDARY LINE' scnt w 7H£ NIP KEEL ER PROPERTY AND 7H£ FINZEN PROPERTY (D.B 566 PC. 186). NOTE- l.P.r. - DENOTES IRO'V PIPE FOUND. R.& - DENOTES REBAR SE7 THIS PIAL HAS KEN PREPARED VAT"MT TH[ R[NET-IT 01 A RRC REPORT I DA IE' .ri/LY 19, 199? AND DOES NOT NEC[SSM . y *MCATE ALL [NCUMRRANCES ON THE PROPERTY, OWL -R.- FINZEN PURCHASER.- -W/7H W.O. / 92I10 ZONE.• c COUMUN1rY NO' 51006J PANEL: 017_5 8 OA 7F' 7/17, — ARCHITECTS :r ENGINEERS PLANNERS & A Sy-MTES SURVEYORS 3078 SHAWNEE DRIVE 11350 RANDOM HILLS ROAD P.O. BOX 2033 SURE 750 WINCHESTER, VIRGINIA 22601 FAIRFAX. VIRGINIA 22030 (703)667-1103 (703)385-7114 SCALE: 1, - 100' ,Ar QoLr O �. RODE T R. KIM 9 CERT. NO. 722 D !+ S U 4� a.' . .: %4/ v 1 S1LW Y !' o REVOENCr Xi uY S SI W0'00' W tj PoRm MY — -- '' RS l HOUSE' OETAIL i �g. SCA[L: 1' _ !0' S 1496VO E ' u.> S 767600' W �, fl��/ �' I6 Jl' I ffNrr t I „S Pasr S M 1700' E T><TVGE 47.78' i 2.922 ACRES A. s 817300,E 4000- \� �ul71IrY \ ALOE 0/N WIRES 1 10' GRAwl Raw 1H I IoY X aJ GRA A T,E 1 I /w 'Yr mr.. 114x' 1 HOUSE L OCA 77ON SUR tEY ON T7/£ PROPERTY OI - ERIC G. FINZEN do SUSIE A. FINZEN MW BOOK 600 PAC£ 807 CP£G1l m DISTRICT FREDERICK COUNTY, NRGJNIA BMW BLDG I/mIrY . i- PACE M a SE£ orrm 0 V B0X �L' .. ou _ N j � At4 \ * �'9Q ear A 16' RIGNr-or- WAY EXISTS' ON 7HE EASrERL Y SIDE Or 7HE COMMON BOUNDARY LINE' scnt w 7H£ NIP KEEL ER PROPERTY AND 7H£ FINZEN PROPERTY (D.B 566 PC. 186). NOTE- l.P.r. - DENOTES IRO'V PIPE FOUND. R.& - DENOTES REBAR SE7 THIS PIAL HAS KEN PREPARED VAT"MT TH[ R[NET-IT 01 A RRC REPORT I DA IE' .ri/LY 19, 199? AND DOES NOT NEC[SSM . y *MCATE ALL [NCUMRRANCES ON THE PROPERTY, OWL -R.- FINZEN PURCHASER.- -W/7H W.O. / 92I10 ZONE.• c COUMUN1rY NO' 51006J PANEL: 017_5 8 OA 7F' 7/17, — ARCHITECTS :r ENGINEERS PLANNERS & A Sy-MTES SURVEYORS 3078 SHAWNEE DRIVE 11350 RANDOM HILLS ROAD P.O. BOX 2033 SURE 750 WINCHESTER, VIRGINIA 22601 FAIRFAX. VIRGINIA 22030 (703)667-1103 (703)385-7114 SCALE: 1, - 100' ,Ar QoLr O �. RODE T R. KIM 9 CERT. NO. 722 D !+ S U 4� 12. Additional comments, if any: T1„s i_� ho4- oJencicci as 1U5-NC3J, We CJyr W 11 pL- ,A or ha •e- L111 SLI1421-1 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 tol.'li mail Ra M,JJIe-4, ., VA Zt1�4 �•18O1 Owners' Telephone No. 4 S c) 4109- 24-7 b wisr K TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: PC REVIEW DATE: 8/7/96 BOS REVIEW DATE: 9/11/96 REZONING APPLICATION #004-96 VALLEY MILL ESTATES (Cameron Group) To Rezone 1.0731 Acres from RA (Rural Areas) to RP (Residential Performance) LOCATION: This property is located north of Valley Mill Road (Rt. 659), 3/4 miles east of Greenwood Road (Route 656), and is adjacent to the Mill Race Estates Subdivision. MAGISTERIAL DISTRICT: Stonewall District PROPERTY IB NUMBER: 55-A-17613 PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas); Land Use: Residential ADJOINING PROPERTY ZONING & PRESENT USE: North: Zoned - RP, Residential Performance Use - Residential (Pioneer Heights) South: Zoned - RA, Rural Areas Use - Residential East: Zoned - RP, Residential Performance Use - Residential (Mill Race Estates) West: Zoned - RA, Rural Areas Use - Vacant PROPOSED USE: Consolidate additional property into residential lots within the Valley Mill Estates Subdivision REVIEW EVALUATIONS: EngineeringMublic Works: We have no comments related to the proposed rezoning. County Attorney: Proffers appear to be in proper form. Valley Mill Estates, REZ #004-96 Page 2 July 24, 1996 Planning & Zoning: 1) Project Scope The applicant is proposing to rezone 1.0731 acres of land within a parcel identified as P.I.N. 55- A -176B from RA, Rural Areas District to RP, Residential Performance District. The applicant proposes to consolidate this property into the Valley Mill Estates Subdivision through the creation of a Boundary Line Adjustment Plat. This additional acreage is proposed to be consolidated into existing lots; therefore, this will not increase the overall gross density which was approved for Valley Mill Estates. 2) Project History An application to rezone 19.35 acres from RA, Rural Areas District to RP, Residential Performance District, was approved by a majority vote of the Planning Commission on December 12, 1994 and by a unanimous vote of the Board of Supervisors on April 12, 1995. The rezoning application was approved with proffers which included a generalized development plan and monetary contributions to mitigate the impacts that would be realized by the Frederick County schools, parks, and emergency services. The Planning Commission vote to approve was as follows: Yes to approve: Thomas, Romine, Stone, Copenhaver, DeHaven, and Golladay` No to approve: Light, Morris, and Shickle The applicant submitted a master development plan for Valley Mill Estates which was approved by the Planning Commission and Board of Supervisors. This plan received administrative approval on June 18, 1995. The applicant also submitted a subdivision development plan which was approved by the Planning Commission on November 5, 1995. This plan has not received administrative approval at this time. Valley Mill Estates, REZ #004-96 Page 3 July 24, 1996 3) Location The property is located just north of Valley Mill Road (Route 659), and is approximately 3/4 mile east of the intersection of Valley Mill Road and Greenwood Road (Route 656). The property is located within the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). The Comprehensive Plan states that urban and suburban residential development should be confined to the UDA in order to allow for the provision of the facilities and services needed to support such development. Existing land use within the proximity of this site is primarily single family detached residential and vacant property that is either master planned for residential development or zoned RA, Rural Areas District. Higher density residential developments include Asbury Terrace, Pioneer Heights, and Mill Race Estates. 4) Site Suitability The Valley Mill Estates property contains areas of steep slopes and woodlands. The 1.0731 acres that is proposed to be rezoned also contains these features; however, minimal disturbance will occur because this area will be consolidated into existing building lots. The County Engineer has not expressed concerns with the proposed rezoning application. 5) Impacts The proposed rezoning application will not create additional impacts beyond those indicated during the Valley Mill Estates rezoning application. The applicant has proffered that this acreage will become part of building lots that were previously approved within Valley Mill Estates. STAFF RECOMMENDATION FOR 8/7/96 PC MEETING: Approval, based on the provisions of the applicant's proffer statement and the creation of no additional impacts to the existing road system and services that are impacted by residential developments. Parcel 55-179 William Schuller. Zoned. RA Use: Vacant IJ Parcel 55-178 Minnie Schuller Esf. . Zoned.- RA 0 21 eso Parcel 55-180 Wilkins Development- Corporotion Zoned: RP Use: Vacant f 20 2 Ex 8" Son. to Parcel , -55=703 .-Biulp Ridge M.H.P. Zohed: MH `Use: j'Res. 'ewer `fond ev. -I % Porce V Mark ``Ritchie PG 15-1746.j Developer. Zbned. R1 ooGglns K. Parcel A —Res. 55-181 Use: W11fiams Cameron Group stern Frederick Zoned: RA Use. Res. C/o Mr, Richie Pifer Development Corporation � 87 S. Braddock Street 4, Zoned: RP Vacant Winchester, Virginia 2 550 2601 E Parcel 55— Ph: 667-4272 175E Mill Race 9 A Scale: 1'=300' Rev 1.2, 10 Nov. 19 Home wner-�a Ion Contour Intervai=10' June, 1994 0, t, gilbert w. Clifford & associates, inc. VALLEY MILL ESTATES—REZONING Sh, ENGINEERS — LAND PLANNERS — SURVEYORS 150—C Olds Craenwio. Drive 200North Cameron Street Generalized Development Plan of Fredericksburg, Virginia 22401 Winchester, Virginia 22601 (703) 898-2115 0.3) 687-2139 Frederic.-- County, ira in ic k4ill Race fir. w_ 7 X. 8 WDM 8 Wil Race 117,1 Estates Zoned: ,RP Use: Residential 15 Ex.'8' Son. Sewer ExJulee Street Ex. 8. W 1-4- ' 1 f 12', t Parcel 55-175," vfames',& Mary KiLlougA Zoned: RA ' Use: Res. `fond ev. -I % Porce V Mark ``Ritchie PG 15-1746.j Developer. Zbned. R1 ooGglns K. Parcel A —Res. 55-181 Use: W11fiams Cameron Group stern Frederick Zoned: RA Use. Res. C/o Mr, Richie Pifer Development Corporation � 87 S. Braddock Street 4, Zoned: RP Vacant Winchester, Virginia 2 550 2601 E Parcel 55— Ph: 667-4272 175E Mill Race 9 A Scale: 1'=300' Rev 1.2, 10 Nov. 19 Home wner-�a Ion Contour Intervai=10' June, 1994 0, t, gilbert w. Clifford & associates, inc. VALLEY MILL ESTATES—REZONING Sh, ENGINEERS — LAND PLANNERS — SURVEYORS 150—C Olds Craenwio. Drive 200North Cameron Street Generalized Development Plan of Fredericksburg, Virginia 22401 Winchester, Virginia 22601 (703) 898-2115 0.3) 687-2139 Frederic.-- County, ira in ic Location Map for PIN: 55—A— 176B Rezoning #004-96, Valley Mill Estates REZONING -APPLICATION ION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff. Zoning Amendment Number Date Received C -24 --?f BOS Hearing Date` q ro PC Hearing Date F-2-'76 The following information shall be provided by the applicant. All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 23 Court Square, Winchester. 1. Applicant: Name: rz o 0 GQ ou? Address:___ _ s • 12DDC i l,JiNcmEs-rFP— Telephone: 6 6 9,- 0-13 O O 2. Representative: Name: r k 1 C k A-2 p Telephone:_ (o 4 a - oZ 30 O 3. Owner: Name: S Am E AS i r Address: Telephone: 12 The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: . e._ ISM c I et CAA AS �ih2go�2 �O lJ 1-i- rV c7 SO.J S2 4. Zoning Change: It is requested that the zoning of the property be changed from R A to RP 5. Current Use of the Property: 6. Adjoining Property: PARCEL ID NUMBER USE ZONING S S 11� S S l '1 Ca fZr s ��e�vT(a-c. 4G R (cu LSAAA-t RF -5 L D E...,-na 7. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): M o a rm Or OA:L L� Mt (-` 2 0� C U,� ZuTF, �s�J 3/4 AA t - 6 -SS -A -s -i E>Fn Q1- (os� 13 S. Parcel Identification: 14 Digit Tax Parcel Number. S S DO 0 A D Q O O u O n Q p p p 1 "1(o B 9. Magisterial District: 5 H AW tO 10. Property Dimensions: The dimensions of the property to be rezoned. Total Area: 1. D 7 3 �Acres The area of each portion to be rezoned to a different zoning district category should be noted: 1 .0131 Acres Rezoned from t6r to D Acres Rezoned from to Acres Rezoned from to Acres Rezoned from to 11. Deed Reference: The ownership of the property is referenced by the following deed: Conveyed from: 6gr A( -D L . 't E 'arae S C. �,gt�y Deed Book Number. !E 5 9 Pages lD 4 S 12. Proposed Use: It is proposed that the property will be put to the following uses. t910 Int. .� -t-o 41,3C4M"ii;, tom' 5 t 7_ es' _ 13. Checklist: Check the following items that have been included with this application. Location map Plat Deed to property ei Statement verifying taxes paid Agency Comments Fees Impact Analysis Statement Proffer Statement i 14. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued to me (us) when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant: ,rzo.J 626 u P Owner. C43 P'4 Date: (o to 1 Q G M ADJOINING PROPERTY OWNERS Owners of property adjoining the land proposed to be rezoned will be notified of the public hearing. For the purposes of this application, adjoining property is any property abutting the requested property or any property directly across a road from the requested property. The applicant is required to obtain the following information on each adjoining property including the 14 -digit property identification number which may be obtained from the Office of the Commissioner of Revenue, Real Estate Department. 17 ame Address and Property Identification 1. G R kc -C-11 Address: a-�o 2 Property ID: S sl3 W t ueI /A,,,\ S cH 4 L L &fZ, Address: l,4 oImo. Ecvni't L,a-. W ►^-' c,,,4 r� 5Tr--a , J A -):Z 60 3 Property ID: S 5 _ _ l Address: Property ID: 4. Address: Property ID: Address: Property ID: Address: Property ID: Address: Property ID: 8 Address: Property ID: Address: Property ID: 17 REZONING REQUEST PROFFER VALLEY MILL ESTATES THE CAMERON GROUP PRELIMINARY MATTERS JUNII996 ' RI ENVIED DEPT. OF PLANNING rV SAND OEYELOPMEN1 Pursuant to Section 15.1 -491.1 et. seq., of the Virginia code, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to the conditional zoning, the undersign hereby proffers that in the event the Board of Supervisors of Frederick Co., VA shall approve Rezoning Application #00+46for the rezoning of approximately 1.0731 acres from RA Zoning District, development of the subject property shall be done with terms and conditions set forth herein, except to the extent that such term and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. in the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of no adverse effect whatsoever. These proffers shall be binding upon the applicant and their legal successors or assigns. GENERAL DEVELOPMENT PLAN The subject property is to be attached the Valley Mill Estates Subdivision so that Lots 8- 12 are increased in acreage. This will not impact the approved subdivision in any aspect other than adding acreage to the total project. The total number of lots and general site configuration will remain the same. CONCESSION OF ATTACHMENT PARCEL TO APPROVED SUBDIVISION As we, the undersigned currently own the subject property, we hereby voluntarily proffer that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for this 1.0731 acre tract, more or less, from RA to RP the undersigned will concede to Frederick County that this property will become a part of the presently approved Valley Mill Estates Subdivision and will be attached to the subdivision so that: 1) the approved subdivision does not increase in number of lots and 2) the lots in Section 2 of the subdivision will be increased in acreage by the addition of portions of this 1.0731 acreage parcel being attached to those lots of Section 2. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Board of Supervisors of Frederick Co., VA grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully submitted, CAMERON GROUP- BY: R.ICHARr , W. P' STATE OF VIRGINIA, CITY OF WINCHESTER, To -Wit: I, Tami S. Cunningham, a Notary Public in and for the State and City aforesaid, do hereby certify that Richard W. Pifer, on behalf of Cameron Group, has personally appeared before me this 6th day of June, 1996, and acknowledged the same in my State and Jurisdiction aforesaid. My Commission expires: May 31, 1997. h TARY PUBLIC IMPACT ANALYSIS STATEMENT VALLEY MILL ESTATES THE CAMERON GROUP The impact of rezoning this parcel has only one consequence, that of increasing lot size in an approved subdivision. This increase in lot size will create no more burden on infrastructure or county and state services. CANffiRON BY: STATE OF VIRGINIA, CITY OF WINCHESTER, To -Wit: I, Tami S. Cunningham, a Notary Public in and for the State and City aforesaid, do hereby certify that Richard W. Pifer, on behalf of Cameron Group, has personally appeared before me this 6th day of June, 1996, and acknowledged the same in my State and Jurisdiction aforesaid. My Commission expires: May 31, 1997. �" !L NOT Y PUBLIC 3 PC REVIEW DATE: 8/7/96 BOS REVIEW DATE: 9/11/96 REZONING APPLICATION #005-96 SCULLY LTD. To Rezone 25,593 Square Feet (.58 acres) from B1 (Neighborhood Business) to B2 (Business General) `w LOCATION: This property is located on the south side of Fairfax Pike (Rt. 277), east of the I- 81/Stephens City interchange beside the existing Kentucky Fried Chicken and in front of the existing Ace Plaza shopping center. MAGISTERIAL DISTRICT: Opequon District PROPERTY ID NUMBER: 85-A-148 PROPERTY ZONING & PRESENT USE: Zoned B 1 (Neighborhood Business); Land Use: Commercial ADJOINING PROPERTY ZONING &.,PRESENT USE: North: Zoned - B 1, Neighborhood Business Use - Texaco Service Station Zoned - B2, Business General Use - Wendy's Restaurant South: Zoned - B 1, Neighborhood Business Zoned - B2, Business General East: Zoned - B1, Neighborhood Business Zoned - B2, Business General West: Zoned B-1, Neighborhood Business PROPOSED USE: Taco Bell Restaurant Use - Ace Plaza Use - White's Self -Service Storage Use - Jefferson National Bank Use - Red Apple Deli/Subway Use - Kentucky Fried Chicken Scully Ltd., REZ #005-96 Page 2 July 25, 1996 REVIEW EVALUATIONS: Virginia Dept. of Transportation: See attached letter from Robert Childress dated 6-12-96. Frederick Co. Sanitation Authority: Water and sewer service is available to this property with adequate capacity for the proposed use. Fire Marshal: See attached letter from Douglas Kiracofe dated 7-15-96. County Attorney: Proffers appear to be in proper form. Stephens City Fire Co.: In reply to the above rezoning request, the Stephens City Volunteer Fire & Rescue Co. agrees with the impacts listed in the Impact Analysis Statement. We also agree with the proffer statement. I would recommend that any type of structure (restaurant) have the installation of sprinkler systems in all structures, especially public assembly buildings. Town of Stephens City: The area to be rezoned is a very busy commercial intersection. The Town is severely affected by traffic congestion and patterns on both sides of I-81. Additional entrances on Rt. 277 may cause more problems. Planning & Zoning: 1) Project History Parcel 85-A-148 is one of several properties which was assigned a B-1, Neighborhood Business District classification when Frederick County adopted zoning. The original zoning district map created for Frederick County indicates that the majority of the properties on the north and south side of Fairfax Pike between Interstate 81 and Double Church Road (Route 641) were originally zoned B -l. Several property owners within this Scully Ltd., REZ #005-96 Page 3 July 25, 1996 area have rezoned their property from B-1, Neighborhood Business District to B-2, Business General District since the original zoning map was created. 2) Location The property is located on the south side of Fairfax Pike, just east of Interstate 81. The property is within the boundaries of the Urban Development Area (UDA) and Sewer and Water Service Area (SWSA). The Frederick County Comprehensive Plan states that retail and services tend to be located adjacent to interchanges with frontage on arterial highways. An Idealized Interchange Development Pattern (IIDP) graphic has been incorporated into the Comprehensive Plan to delineate land use patterns within the proximity of the Interstate interchange areas. The location of this property is consistent with the retail and services land use area specified on the IIDP. Existing land uses within the vicinity of this, property include various fast food restaurants with drive-thru window service, gasoline service stations, hotels, convenience stores, a retail plaza which was formerly a grocery store, a bank, and a self-service storage facility. 3) Site Suitability The portion of parcel 85-A-148 proposed for rezoning is currently compacted and paved; therefore, no environmental features as defined by the Zoning Ordinance exist. Public water and sewer service is available to this site with adequate capacity. The property has road frontage along Fairfax Pike and contains an existing commercial entrance. The current entrance needs to be utilized for ingress and egress to this site to ensure that the increased traffic flow is controlled. 4) Potential Impacts A rezoning to a higher commercial district will allow the applicant to increase the amount of developable area of this site due to the permitted floor -to -area ratio (FAR). The uses that are permitted to be developed in the B-2, Business General District generally create Scully Ltd., REZ #005-96 Page 4 July 25, 1996 an increase in traffic trips above those uses that are permitted to be developed in the B-1, Neighborhood Business District. Requests for commercial rezonings do not create a negative impact to the County's school system or the regional park system; however, impacts are generally realized by the emergency services system. The results of the County's ImpacLModel support this statement. 5) Impact Statement The applicant has proffered out specific B-2 uses, including used car sales, car washes, churches, hotels, motels, golf courses, and driving ranges. The applicant has also proffered to offset the negative impact to the emergency services system through a monetary contribution which is consistent with the County's Impact Model. Finally, the applicant has proffered that any development within the rezoned portion of this property will utilize the existing commercial entrance on Fairfax Pike for ingress and egress. STAFF RECOMMENDATION FOR 8/7/96 PC MEETING: Approval, based on the provisions of the applicant's proffer statement, the consistency with the Comprehensive Plan's Idealized Interchange Development Pattern, and the compatibility with existing land uses along Fairfax Pike. COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY DAVID R. GEHR 14031 OLD VALLEY PIKE WILLIAM H. BUSHMAN, P.E. COMMISSIONER P.O. BOX 278 RESIDENT ENGINEER EDINBURG, VA 22824-0278 TELE (540) 984-5600 FAX(540)984-5607 June 12, 1996 Mr. Thomas G. Scully, Jr. Ref: Route 277 (South Side) 603-A South Loudoun Street At Approx. 0.02 Mile West of Route 1085 Winchester, VA 22601 Frederick County Dear Mr. Scully: I am writing to confirm our meeting yesterday, June 11, 1996, to review your 25,593 sq. ft parcel at the referenced location for entrances into a proposed Taco Bell Restaurant Based on the enclosed plat of the property you provided and where you indicated the side property lines are, it appears an entrance or combination of one-way entrances can be installed into the property to meet our commercial design standards. Also as discussed, the existing commercial entrance serving the adjacent hardware store could be used for access if you desired. However, some type of joint use agreement would be needed to cover the entrances use and future maintenance. Any entrance improvements will need to be completed under Land Use Permit issued by this office. If you have any questions or if we can be of further assistance, please let me know. RBC/ rf Enclosure xc: Mr. J. B. Diamond Mr. S. A. Melnikoff Mr. Kris Tierney Sincerely, ,,, Pio Robert B. Childress Trans. Permits & Subdivision Specialist Supervisor wE KEEEP VIPC;INIA mnviNC, w - COUNTY OF FREDERICK, VIRGINIA cs FIRE AND RESCUE DEPARTME.. 107 North Kent Street Winchester, VA 22601 Thomas W. Owens Douglas A. Kiracofe Director Fire Marshal July 15, 1996 To: Evan Wyatt, Planner From: Douglas A. Kiracofe, Fire MW4 Ref Scully Re -Zoning I've reviewed the re -zoning application for Scully Ltd. on the Stephens City property. The allowed uses on a B-2 Use, do not create hazards of more severity, than those allowed on a B-1 Use property, as long as all applicable Building Code issues are addressed at the time of construction. The applicant has agreed to proffer the sum of $183.48 to the Stephens City Fire and Rescue Company, at the time of building permit, in accordance with the Capitol Cost Model. Any remaining Fire and Rescue issues will be addressed at the time of Site Plan submittal. I would recommend approval of this application. Should you need anything further, please don't hesitate to let me know. Thank you. Director (540) 665-5618 Fire hfarshal (540) 665-6350 0 Fax (540) 678-4739 l�l i ` �,. � „� J, Il. • - ti v �, �' �.� � ;�o ~�� 'fj�.?----� �cip ,�� l ~l..T •r ;4%' �t .t �,/.'' I!I /r �* •���• ,r: � r-lia.•• � I�� \l�J�� it �� , �9, � � �`�• ��~ •.-c• !r Ofl� I,1�`4 '�„ 1 iLlr/Il� • , e� �In N, .i i1w��/'`1^A�`l J ����•' -1k Ij 62 99 JJ e as :r ,N, •' / 1 _`ti. � �- 1 ice' v t% ' �; � ,jam ! - ;�� � • � � • � . _' -` _ "�- � ,� � •, as ;:,�, �, / >1..�9° p i -n f i' ,B 0 /111 v •'Ce-!� f / / TXT' / � Leo• �� /�'' � � �� .756 \ 74 s -" / - - V31 .\ '''y 1 i� -"� ^,01 �. �, � � /`"I�( ,. /__,'`� r h q� 11 p a `� '� •�'�--•• !,-_�-. S'\�.. I! • .l . 11 ��' ,- � \` ��--_ ;�. • � i $ate ' • / f-��! ,/ /� °'� � � G / / � ' "? Stephens pity 1 ' r� �,.�-..`o j' `� a a =/�✓•_ arty J' .j� '� ��..(BM 7,,QQ� I%t lf; / •..,/ Radio �� /--a •`\ °' J7/' :/ ^,� / �: �o �'•�i ,pY .I' % �o Facilityor r 17 C¢m- 010 .7 01 752 X50. rl/' •� w•�� (16 ! (q� 47 137g -01 769 aM v '> a - ---Land Use l Most manufacturing uses are located in one of several large industrial areas in the County, including the following: * Stonewall Industrial Park * Fort Collier Industrial Park * Route 11 North, and other areas within the Interstate 81/Route 37 Loop * Route 11 South - Kemstown area * Route 50 East - Airport area * Clearbrook and Middletown. Mining for limestone, crushed stone, clay, shale, and sand is occurring in the County. The limestone mining occurs along the limestone belt that is east of Little North Mountain and West of Interstate 81. Shale mining occurs in various areas throughout the County. Other mining primarily is carried out in the western portions of the county. Figure 6 Idealized Interchange Development Pattern Interstate rsialtrial Resi tial RetailService QRetail Arterial Heavom rcial Resi tial Indus ral 1996 Frederick County 57 Comprehensive Plan Location Map for PIN: 85-A-148 Rezoning #005-96, Scully Ltd. REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA ;Ta be completed. bPlann:ng Staff "= ::� ;�, 01r,3" �y.��rr� �' �'�'.fw�'+`}.a� v• r� .c- w Zo12]IIg'nSii[1Gll1.l`1 �:LLIUGLa� ate Received y� r ,] z„ ? r �: PCS ciain� The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division,107 North Kent Street, Winchester. 1. Applicant: Name: SCULLY LTD . Telephone: 540-662-3489 Address: PO B 3038 Winchester, VA 22604 Z. Property Owner (if different than above) Name: Telephone: Address: 3. Contact person if other than above Name: Thomas G. Scully, Jr. Telephone: 540-662-3489 4. Checklist: Check the following items that have been included with this application. Location map \— Agency Comments Plat Fees Deed to propertyy Impact Analysis Statement Verification of takes paid �_ Proffer Statement 11 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Scully Ltd., Thomas G.Scully, Jr., President 6. Current Use of the Property: Pack's - Ice Cream Vendor 7. Adjoining Property: 85-A-148 A 85-A-149 C 85-A-149 74-B-7-2 B IM Restaurant Service Station McDonald's Red Apple ZONING 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): Located on the south side of Route 277, east of the I-81/Stephens City interchange, beside the existing Kentucky Fried Chicken and in front of the existing shopping center plaza. 12 Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density or intensity scenario for the proposed Zoning District as described on Page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number 85-((A))-148 Magisterial: Opequon Fire Service: Stephens City Rescue Service: High School: Sherando Middle School: R . E. Aylor Elementary School: Bass Hoover 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 25:5?j. B-1 B-2 25593 s . ft Total acreage to be rezoned 11. The following information should be provided according to the type of rezoning proposed : Single Family homes: Townhome: Multi -Family: Non -Residential Lots: Mobile Home: Hotel Rooms: Office: Service Station: Retail: Manufacturing: Restaurant: no more than Warehouse: 21,361 sq. ft. Other: 13 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s): SCULLY LTD. Thomas G. Scully, Jr President Owner(s): 14 Date: 7/12/96 Date: Date: Date: Adjoining Property Owners Rezoning Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. 15 REZONING REQUEST PROFFER SCULLY, LTD. REZONING B-1 TO B-2 Route 277 East -Fairfax Pike Opequon District - Tax Parcel 85-A148 Preliminary Matters Pursuant to Section 15.1 -49.1 et.seq., of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #()0.5-96 for the rezoning of 25,593 square feet from B-1 Neighborhood Business Zoning District to the B-2 Business General Zoning District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County board of Supervisors in accordance with Virginia law. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever. The proffers shall be binding upon the applicant and their legal successors or assigns. General Development Plan and Uses The development of the subject property and the submission of any site Development Plan will provide for a layout that incorporates the planned improvement for structures, parking, and commercial entrances as required by Frederick County Zoning Ordinance site development standards. The applicant proffers that any development of the 25,593 square feet will utilize the existing entrance on to Route 277 (Fairfax Pike). The applicant proffers that the land will not be used for the following: used car sales, car washes, churches, hotel or motel, golf course or driving range. The rezoned property shall not be further subdivided. Monetary Contribution of Development The undersigned, who owns the below described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia, approves the rezoning PAGE 2 REZONING REQUEST PROFFER SCULLY, LTD. REZONING B-1 TO B-2 Route 277 East - Fairfax Pike Opequon District - Tax Parcel 85-A-148 for the 25,593 square foot tract, more or less, lying on the south side of Route 277 (Fairfax Pike) just east of the intersection of Stickley Drive in the Opequon Magisterial District of Frederick County, Virginia from 3-1 to B-2, the owner will pay to the Stephens City Fire and Rescue Company, at the time a building permit is issued, the sum of One hundred eighty-three dollars and forty-eight cents ($183.48) for Fire and Rescue Emergency Service costs. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully submitted SCULLY, LTD. 1 By: THOMAS G. SCULLY, JRy - PRESIDENT Date: July 16, 1996 STATE OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, To -wit: The foregoing instrument was acknowledged before me this 17'h day of July, 1996, by THOMAS G. SCULLY, JR., PRESIDENT, SCULLY LTD. My commission expires April 30, 2000. Notary Public FREDERICK COUNTY, VIRGINIA IMPACT ANALYSIS STATEMENT FOR REZONING REVIEW AND APPROVAL OF THE SCULLY, LTD. PROPERTY Route 277, Fairfax Pike • Opequon District IMPACT ANALYSIS STATEMENT gilbert w. cli f ford & associates, inc. The Winchester Towers 200 North Cameron Street • Winchester, Virginia 22601 540-667-2139 9 Fax: 540-665-0493 150C Olde Greenwich Drive. • Fredericksburg, Virginia 22401 540-898-2115 TABLE OF CONTENTS L SUMMARY II. INTRODUCTION IIL PLANNING ANALYSIS • Site Suitability • Adjoining Properties • Zoning Review IV. TRAFFIC V. SEWAGE VI. WATER VII. DRAINAGE VIII. SOLID WASTE IX. HISTORIC SITES X. COMMUNITY FACILITIES • Education • Parks and Recreation • Emergency Services XI. ENVIRONMENT XII. FISCAL XIII. OTHER APPENDIX IMPACT ANALYSIS STATEMENT for SCULLY, LTD Property I. Summary SCULLY,LTD. PROPERTY IMPACT ANALYSIS STATEMENT FREDERICK COUNTY, VIRGINIA JULY 1996 The firm of Gilbert W. Clifford & Associates, Inc. has been commissioned to evaluate the above referenced project as required by the Frederick County Board of Supervisors. This document is prepared in support of and in preparation to rezone 25,593 square feet of the property of Scully, LTD. from present Neighborhood Business (B-1) to Business General (B-2). The property is ideally suited for Business General (B-2) zoning. This property adjoins B-2 Business General zoning is located at a designated comprehensive plan interchange area and is along a arterial road. There is a positive fiscal impact. II Introduction The 25,593 square foot portion of the property of Scully, LTD. is located on the south side of Route 277 (Fairfax Pike), east of the I-81/Stephens City interchange beside the existing Kentucky Fried Chicken and in front of the existing shopping center plaza. The property currently is the front northeastern portion of the shopping center site. The parcel is identified as tax parcel 85-((A))-148 in the Opequon Magisterial District and is currently zoned Neighborhood Business (B- 1). This rezoning request is only for a portion of the property consisting of the 25,593 square feet. Business General (B-2) zoning is planned for the property. The property is located in the Urban Development Area, is in an interstate interchange area and is along a major transportation corridor. A preliminary site development evaluation indicates that this site can support a variety of commercial uses limited due to the size of the lot as well as the proposed restaurant use. This rezoning is presented to allow the property to be zoned B-2 and to allow a planned restaurant use. SCULLY,LTD. PROPERTY IMPACT ANALYSIS STATEMENT FREDERICK COUNTY, VIRGINIA JULY 1996 lel. Planning Analysis Site Suitability - The property has no site specific development limiting factors. The property appears well suited for B-2 zoning use development based on site evaluation of soils, slopes, wetlands, ponds and lakes, flood plains and other site suitability and environmental factors. The site is urban in nature, appears well compacted and is, in part, covered with asphalt. Soils - The soils are suitable for site development purposes. The USDA Soil Conservation Soil Survey for Frederick County identifies the soils of the property on map sheet 47 as Weikert-Berks channery silt loam.. Prime Agricultural Soils.- The property does not contain prime agricultural soils as identified by the Frederick County Comprehensive Plan. Slopes - There are no steep slopes on this property. The topography is ideally suited for commercial type development. Wetlands - There are no wetlands on this property. The property is generally well drained and has no low lying wet areas that indicates the presence of a wetland area. Ponds and Lakes - There are no ponds or lakes on the property. Flood Plain - The property is not located within the 100 year HUD designated flood plain as identified in the Frederick County Comprehensive Plan and panel map number 510063- 00200B of the United States Department of Housing and Urban Development Flood Boundary map. Adjoining Properties - Development impacts are slight on adjacent properties. The primary impact concern on adjoining properties is the change of use a commercial restaurant setting. The impacts of the allowed uses from B-1 to B-2 on the surrounding uses is not significant since all surrounding uses are similar in commercial uses. Any impacts would be addressed through the existing zoning and planning, distance, setback, buffer, landscaping and screening regulations. A building setback is required from Route 277. The adjoining property to the north is Route 277 (Fairfax Pike) with existing commercial restaurant use and highway service uses along the road frontage. To the east is land zoned B-1 with a commercial restaurant. To the south is land zoned B-1 with a shopping center; and, to the west is land zoned B-1 and B-2 with a bank and convenience store. SCULLY,LTD. PROPERTY IMPACT ANALYSIS STATEMENT FREDERICK COUNTY, VIRGINIA JULY 1996 Zoning Review - The property is currently zoned Neighborhood Business (B-1) allowing by right a variety of business uses. Under the Business General (B-2) zoning regulations a variety of retail and commercial activities are permitted by right. The proposed restaurant is permitted in the B-2 zone. The impacts of the Business General (B-2) uses on the surrounding commercial uses is not a factor since the same uses are allowed; however, through existing zoning distance, setback, parking, landscaping and screening regulations site development impacts are mitigated with these and other local development controls. The size of the site limit the impacts of any B-2 type use. IV. Traffic Impacts Traffic impacts are negligible for this property. Impacts of vehicular access and turning movements on the adjoining properties is slight considering the property fronts on the east bound lane of Route 277 (Fairfax Pike). The B-2 zoning may result in an increase of trips from the current B-1 type zoning to the B-2 zoning which allows a wide variety of commercial uses such as restaurants and service oriented or retail businesses. The proposed restaurant use is a permitted use in both zones, therefor traffic impacts resulting form the zoning change are not a factor. The site will produce the same traffic impact for the same allowed use. The limiting factor for traffic impacts is the size of the site and the size of the structure. The site has existing commercial entrances available for access. V. Sewage Conveyance and Treatment Impacts There are no sewage conveyance or treatment problems associated with this project. Sewage service to this site is provided by Frederick County Sanitation Authority via an 6" sanitary sewer line located at the rear of the property. VI. Water Supply Impacts There are no water supply or transmission problems with this property. Water service is under the Frederick County Sanitation Authority. An 6" water main located along the front of the property is suitable for service to this site. SCULLY,LTD. PROPERTY IMPACT ANALYSIS STATEMENT FREDERICK COUNTY, VIRGINIA JULY 1996 VII. Drainage Facility Impacts Proper storm water management planning will result in minimal or no site drainage impacts. Predevelopment runoff rates will be maintained using recognized storm water management standards. These will be defined when a site development plan is prepared and approved for the site. VIII. Solid Waste There are no solid waste collection and disposal impacts. Commercial private haulers will provide removal to the regional landfill. IX. Historic Impacts There are no structures currently located on this property of significance. A j review of the National Register, the Virginia Landmarks Register and The t Frederick County Comprehensive Plan indicates that there are no known F historic structures on this property. X. Community Facilities Education - This project will generate no school children and therefore have no effect on educational cost in Frederick County. Parks and Recreation - This project would result in no impact on Parks and Recreational facilities. Emergency Services Cost - There are no additional fire, rescue or sheriff facilities anticipated with the development of the property from B-1 to B-2 type uses. Fire protection is available from the Stephens Volunteer Fire & Rescue Company. The planned B-2 rezoning will have all required site development standards required by the fire code, building code and zoning codes. There are no fire protection problems associated with this property. All hydrants and fire protection measures will be installed when the property is developed. Rescue services are provided by the Stephens City Fire & Rescue Company. SCULLY,LTD. PROPERTY IMPACT ANALYSIS STATEMENT FREDERICK COUNTY, VIRGINIA JULY 1996 Sheriff Department services protection will be required by this facility. Routine patrols of the area should suffice for the majority of time and materials necessary to cover this property. XI. Environmental Impacts There will be certain minor negative impacts due to the construction activity including run off sediment, noise and construction traffic movements. These are to be minimized by proper compliance with local and state laws for environmental protection. The effects on the down -stream impoundment and stream are minimal and in accordance with local and state regulations. There is no known loss of irretrievable resources involved with this project. There are no known endangered species of fauna, flora or wildlife which will be effected by this project. Ground water and air quality should be unaffected. A minor impact of a negative nature is associated with lighting for security and business use. These should be closely controlled during planning stage to minimize the adverse impacts on adjacent residential structures and impacts on the traveling public. XII. Fiscal Impacts Fiscal impacts for the property are determined based upon the fiscal impact model prepared by the Frederick County Department of Planning and Development staff. The fiscal I-Lmpac rnodei results are attached in the appendix of this report. The model suggests that there is a net positive fiscal impact credit of $571,465.00 by rezoning from B-1 to B-2. Capital Costs not covered by County contributions to fire and rescue is suggested by the model to be $183.48. XIII. Other This planned zoning change would create a positive fiscal impact as compared to the existing zoning. There are no known other impacts. SCULLY,LTD. PROPERTY IMPACT ANALYSIS STATEMENT FREDERICK COUNTY, VIRGINIA JULY 1996 APPENDIX 1. LOCATION MAP 2. PROPERTY SURVEY 3. FREDERICK COUNTY IMPACT MODEL REPORT 4. PROFFER STATEMENT /'! .; •• iNTtRGHANe�_,o A- :►` 1A n� 1730' 7451 �; ./ Bartonll ^� a. =Cem -7 ° • - . .757 Stephen City °/ ; �eM 7,8,H= •.�O Radio ! i J/ .; Q Facility, o `p ,•° WT o. _ '� c ��•• �r 1\moi 74r7 Qi r' Green Hil • '/i � • � • - � - � '~. —`=? -moi \N ° - Cern j 114TE 78 AV �:; i ti 9, ° �� f`� f• Q n 5ha7e R'ii � 4 d ` X70 ' - SITE.*.- ,� _ - a 13 52•• ' / -- - •:% -ISO• _:��1"t� ... ° o !7 ��•••c•°o 7c _ • •�' _ r '150 r - .�_-sem • ° , p - -' / a\� Q1S � - .. • -// x•738 Gilbert W. Clifford and Associates 200 N. Cameron Street Winchester, Virginia, 22601 LOCATION MAP I SELF STORAGE N 61022'51"W 284.02' oar INN 1 6,824 SOF o 1. I STEAK HOUSE is 1 C In w 0 I t° If" r d' CTI Ln r — z _ r• o o �- m I W ° fV N M V v' r 1 (n r ul N in 15. , VQ, g2 � 1F� C� �$ 0 ._......----- - - - ----- -- - - OUTPUT MODULE_ Net --- -• - ------------ -_---- Credit for Fiscal Taxes to Capital Impact Capital Net Ct= cta" CD314 Import Fire Department $17 $104 $0 Rescue Department $68 Elementary Schools $0 Middle Schools $0 $38,122 E tigh Schools $0 Parks and Recreation $Q $2.266 TOTAL $84 $571,465 $40,492 FIRE AND RESCUE ADDENDUM New Capital Costs Not $183.48 Covered by County Contributions NOTES- Model Run Date 6/26/96 EAW Scully Rezoning: Assumes 21,361 sq.ft.of retail space on 0.6 acres rezoned 82 from B1 $0 in $0 REZONING REQUEST PROFFER SCULLY, LTD. REZONING B-1 TO B-2 Route 277 East -Fairfax Pike - Opequon District - Tax Parcel 85-A-148 PreliminM Matters Pursuant to Section 15.1 - 491.1 e� of the code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # -96 for the rezoning of 25,593 square feet from B-1 Neighborhood Business Zoning District to the B-2 Business General Zoning District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successors or assigns. General Development Plan and Uses The development of the subject property and the submission of any Site Development Plan will provide for a layout that incorporates the planned improvements for structures, parking and commercial entrances as require by Frederick County Zoning Ordinance site development standards. The rezoned property shall not be further subdivided. Monetary Contribution of Development The undersigned, who owns the below described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 25,593 square foot tract, more or less lying on the south side of Route 277 (Fairfax Pike) just east of the intersection of Stickley Drive in the Opequon Magisterial District of Frederick County, Virginia from B-1 to B-2, the owner will pay to the Stephens City Fire and Rescue Company, at the time a building permit is issued, the sum of One hundred eighty-three dollars and forty- eight cents ($183.48) for Fire and Rescue Emergency Services costs. PAGE 2 REZONING REQUEST PROFFER SCULLY, LTD. REZONING B-1 TO B-2 Route 277 East -Fairfax Pike - Opequon District - Tax Parcel 85-A-148 The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully ubmitt , By: SCULLY, LTD. Mcks -P1-_sidan4- Date: QW!4 i Z o 1991. STATE OF VIRGINIA, AT LARGE Cows-,-I-y a�rr�c# cri c1�. nrm.i n.2 ;*PG1iEc•' E , To -wit: The foregoing instrument was acknowledged before me this day of JULY,1996, by LLs�,r�-?r��;dec�u1Ly-.f�---- My Commission expires r. ym znno Notary Public COUNTY of FREDERICK i Department of Planning and Development 540/665-5651 FAX: 540/678-0682 MEMORANDUM TO: Frederick County Planning Commission FROM: Evan A,,Wyatt, Planner II RE: Planning Commission Tabling Procedures - DATE: July 25, 1996 The Planning Commission directed the Development Review and Regulations Subcommittee (DRRS) to draft new tabling procedures for various development applications. Staff presented the proposed tabling procedures to the Planning Commission during the July 17, 1996 meeting. The members of the Planning Commission that were present felt that the proposed procedures were appropriate as amended; however, they felt that this item should be discussed at a subsequent meeting when attendance was greater. Included under this agenda item are the proposed tabling procedures, Section 9-3-9 of the Planning Commission's Bylaws, and Section 165-10 from Article II, Amendments, of the Code of Frederick County. Staff asks that the Planning Commission review this information for the purpose of discussion. Amendments to the Planning Commission Bylaws are permitted by a majority vote after thirty days prior notice. Therefore, staff will provide the appropriate amendment and resolution for Planning Commission action. when directed. 107 North Kent Street * Winchester, Virginia 22601-5000 Section 9-3-9 Tabling 9-3-9-1 The Planning Commission shall have the authority to table agenda items if any one of the following situations occurs: A) The agenda item does not meet the requirements of the Code of Virginia. B) The agenda item does not meet the requirements of the Code of Frederick County. C) Insufficient information has been provided for the agenda item. D) Issues or concerns that arise during formal discussion of the agenda item warrant additional information or study. E) The applicant provides the Frederick County Planning Department with a written request to table the agenda item. F) The Frederick County Planning Department is advised of an emergency situation that prevents attendance by the applicant. G) The applicant fails to appear at the meeting in which the application has been advertised to appear. 9-3-9-2 The applicant shall be permitted to request that an agenda item be tabled from a scheduled Planning Commission meeting one time. The Planning Commission shall table the application for a specific period of time to ensure that the requirements of Section 165-10 of the Frederick County Zoning Ordinance are not exceeded unless the applicant requests a waiver from this requirement. 9-3-9-3 An application that has been tabled for an unspecified period of time shall be readvertised for consideration by the Planning Commission once the following steps have been completed: A) The applicant has requested in writing that the agenda item be considered by the Planning Commission. B) The applicant has provided all required information to the Frederick County Planning Department which addresses all concerns of the Planning Commission. 9-3-9-4 The Planning Commission shall have the authority to act on an agenda item that has been tabled one time when the agenda item has been readvertised for a subsequent Planning Commission agenda. t� 9-3-7-3 In addition to those required by law, the Commission may hold public hearings on any matter which it deems to be in the public interest. In such cases, the public hearings shall follow all procedures described for public hearing in these bylaws. 9-3-8 Master Development Plans - Master development plans shall be considered by the Commission according to the following procedures: 9-3-8-1 Presentation by Applicant 9-3-8-2 Report by the Secretary, County Staff or Commission Members 9-3-8-3 Citizen Comment 9-3-8-4 Rebuttal by Applicant 9-3-8-5 Discussion by Commission 9-3-8-6 Motion and action by Commission 9-3-9 Tabling 9-3-9-1 Agenda items may be laid on the table by the Commission. In such cases, such items should be tabled for a specific period of time, to be put back on the agenda at a particular scheduled meeting. 9-3-9-2 The Commission shall table items for which insufficient information has been provided or for which the rules of the Co -de -of_ Virginia or the Code of Frederick Counter have not been met. 9-3-10 Worksessions 9-3-10-1 The Commission may hold worksessions at which the procedural rules of these bylaws shall not apply. 9-3-10-2 Worksessions shall be held after the adjournment of regular meeting or at times scheduled by the Commission for or at the first meeting of the year. �� ,_ 9-3-10-3 , Notice of worksessions shall be sent to the Planning § 165-9 ZONING § 165-11 - the application for a public hearing at the next available Planning Commission meeting according to the requirements of the Code of Virginia, as amended. [Amended 6-9-19931 E. Signs. At the time of application for rezonings, the applicant shall post, on the properties for which rezoning is sought, a sign with full information on the change sought. Such sign shall be placed at the front property line and be maintained so as to be legible from adjoining roads and properties until the date of the hearings. § 165-10. Planning Commission public hearing. The Planning Commission shall hold at least one (1) public hearing on any proposed amendment after notice as required by § 15.1-431 of the Code of Virginia and may make appropriate changes in the proposed amendment as a result of such hearing. Upon the completion of its work, the Commission shall present the proposed amendment to the Board, together with its recommendations and the appropriate explanatory materials to the Board of Supervisors. The Planning Commission shall present its recommendations to the Board within ninety (90) days after the first Commission meeting following the referral of the amendment to the Commission. MA § 165-11. Board of Supervisors public hearing. Before approving and adopting any amendment, the Board shall hold at least one (1) public hearing thereon, pursuant to public notice as required by § 15.1-431 of the Code of Virginia, after which the Board may make appropriate changes or corrections in the proposed amendment; provided, however, that no additional land may be zoned to a different classification than was contained in the public notice without an additional public hearing after notice required by § 15.1-431 of the Code of Virginia. An affirmative vote of a majority of the members of the Board shall be required to amend this chapter. The Board shall act on rezoning petitions within twelve (12) months of the time when the petition was received by the Zoning Administrator. Should a request for a rezoning be disapproved by the Board of Supervisors, at least twelve (12) months shall expire before another application for rezoning of substantially the same land to the same zoning district designation shall be considered. 16515 10-25-93 J .WI COUNTY of FREDERICK �e i Department of Planning and Development 540/665-5651 _ FAX: 5401678-0682 MEMORANDUM TO: Board of Supervisors and Planning Commission Member FROM: Kris C. Tierney, Interim Planning DirectMe/ 9'1 RE: Status of Route 11 North Study DATE: July 19 1996 As most of you know, there was a public meeting held on J at the Ruritan Building to present the concepts contained in, and receive comment on, —the—d—ra-Mr&use plan for the Route 11 Study area. There were over 100 people in attendance and reaction to the proposed plan was mixed. The Comprehensive Plans and Programs Committee'will meet on August 12, 1996 to discuss the plan and decide what, if any, alterations they want to recommend in light of input received at the public meeting. We will be attempting to draft text to accompany the land use plan and distribute it to Board and Commission members by mid Auuggust. Some Commissioners have expressed a desire to have another joint work session with the Board of Supervisors to review the proposed plan. Staff is seeking direction as to whether or not the consensus is that a Wgrk session is desired. If desired, one possible date would be Monday, up Z jt ki Below is a summary of comments made by those in attendance at the public meeting: Concern was expressed about the impact that the proposed plan would have on the appearance of the area. ► Some people stated a desire to have sewer extended to Stephenson, pointing out that residents of the area have been promised sewer for years. ► It was stated that the unt should hel fund the sewer in order to get it to the new Stonewall School and the park. T ► Some feel that the Route 37locationshould be shifted north to avoid homes. 107 North Kent Street • Winchester, Virginia 22601-5000 Page 2 Board of Supervisors/ Planning Commission Members Re: Status of Route 11 North Study July 19, 1996 It was stated that the point of the study should be to get sewer to the residents. Some felt that the study (sewer) should hay5e ne further north to open areas without so many residences. r Some stated their approval of the plan and that it should be implemented as soon as possible. In summary, as would be expected, there were differences of opinion of how far sewer should extend, who should pay for it, and whether residential development should be permitted in the area. However, there appeared to be little opposition to the basic notion of allowing sewer to be extended up Route 1 I or to the concept of industrial development. Please let me know if you have any questions concerning the meeting. KCT/rsa PC REVIEW: 8/7/96 BOS REVIEW: 9/11/96 Subdivision Application #007-96 GREENWOOD ROAD SUBDIVISION LOCATION: This property is located on the west side of Greenwood Road (Rt. 656) approximately 1,400' north of Senseny Road (Rt. 657) intersection. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 55-A-191 & 193 PROPERTY ZONING & PRESENT USE: RP (Residential Performance) District; Land Use: Vacant ADJOINING PROPERTY ZONING & USE: RP (Residential Performance) and RA (Rural Areas) Districts; Land Use: Residential, Parks and Churches SUBDIVISION SPECIFICS: Subdivision of a 2.837 tract into five lots for single family residences. REVIEW AGENCY COMMENTS: Departmentof Transportation: We have received your site plan dated July 1995 for the referenced project. Since the development falls within the limits of our roadway Project #0656-034-118/C502, we have forwarded the plan to our District Location & Design Section in Staunton for review. Once we receive any comments, we will forward same to you. Also see attached letter dated 9-11-95 from Robert B. Childress. Sanitation Authority: First review - correct and resubmit nine items. Inspections Department: Building shall comply with Virginia Uniform Statewide Building Code and Section 310, Use Group R (Residential) of the BOCA National Building Code/1993. Question on building location on Lot #1 in reference to electrical easement, shall require surveyor to set house location and easement. Building demolition permit shall Greenwood Road Subdivision #007-95 Page 2 August 6, 1996 be required to remove existing building. Fire Marshal: No comments. County Engineer: See attached letter from Harvey Strawsnyder, Jr. Planning and Zoning: The proposed lots as presented by the plats meet the ordinance dimensional requirements. The proposed shared driveways for lots 2 & 3 and 4 & 5 will keep the number of driveways entering onto Greenway Road to a minimum. Since this proposal falls within the limits of the Greenwood Road reconstruction project, VDOT has stated that this plan is being reviewed by their District Location & Design Section in Staunton. These lots can potentially be significantly affected by this road project. Staff concurs with the County Engineer requirement that an individual site plan be submitted for Lot 1. Further, the County Engineer has requested additional actions to address stormwater management. We concur with this request also. Staff Recommendation for 8/796: Approval with the condition that all review agency comments be complied with prior to any construction on these properties. File: K:\WP\CMN\COMMENTS\GREENWD.SUB ott.�� � c `c COMMONWEALTH[ of VIRGI , DEPARTMENT OF TRANSPORTATION 14031 OLD VALLEY PIKE DAVID R. GEHR PO. BOX 278 WILLIAM H. BUSHMAN, A E COMMISSIONER EDINBURG. 22824.0278 RESIDENT ENGINEER TEL (540) "4.5800 September 11, 1995 FAX 1"°1984.5607 Mr. Steve Terry Ref: Greenwood Road Subdivision C/O Patton, Harris, Rust & Associates Route 656 100 South Main Street Frederick County P. 0. Box 46 Bridgewater, VA 22812 Dear Steve: As requested, we have reviewed your site plan dated July, 1995 for the referenced project. Our comments may be found on the enclosed plan marked in red and as follows: 1.) Site distance at the proposed private entrance locations need to be shown. In addition current speed limit on Route 656 and reference need to be added to the plan. 2.) The enclosed Standard PE -1 detail needs to be incorporated into the plan. 3.) Each proposed or existing water service lateral should be so identified. Also any proposed crossings of Route 656 shall be made by push, jack or bore methods. Please revise and resubmit four (4) copies of the plan for final approval. Should any changes be deemed necessary, please design them to meet or exceed the above recommendations. apologize for the delay in returning our comments to you and ask you give me a call if you have any questions. Sincerely, da Robert B. Childress Permits/Subd. Spec. Supervisor RBC/rf Enclosures xc: Mr. S. A. Meinikoff, Mr. R. W. Watkins TRAN';PORTAIION F OR IHE 21ST CENTURY r al 2..1 r1 - COUNTY of VRMERICK September 11,. 1995 Mr. Steve Terry Patton, Harris Rust and Associates 100 South Main Street Bridgewater, Virginia 22812 RE: Greenwood Road Subdivision Frederick County, Virginia Dear Mr. Terry: Public Works Department Harvey E. Strawsnyder, Jr., P.E. Director 703/665-5643 Fax: 703/678-0682 We have reviewed the proposed subdivision plan for the Greenwood Road subdivision (five lots) and offer the following comments: 1. Complete the topographic information at the rear of lots 2 through 5. 2. Evaluate the impact of increased stormwater flows on the downstream drainage areas. 3. Establish stormwater easements where necessary. 4. Provide the design of culverts under the proposed entrances. Also, provide any details required for improvements to the existing ditch line along Greenwood Road. 5. Because of the existing electric easement and setback requirements, a detailed site plan will be required on lot number 1 showing the house location, related design elevations and proposed finished grades. Please contact me if you have any questions regarding the above comments. Sincerely, Harvey E. t awsnyder, Jr., P.E. J1.Qj Director of Public Works 107 North Kent Strect P.O. Box 601 Winchcstcr, VA 211-601 Winchester, VA 22604 APPLICATION AND CHECKLIST SUBDIVISION FREDERICK COUNTY VIRGINIA Date: "Z Application Application C0 / - q 5 Fee Paidyes Applicant/Agent. Patton Harris Rust & Associates, pc Address: 100 South Main Street Bridgewater, VA 22812 Phone: ( 703) 828-2616 Owners name: JASBO, Inc. Address: P.O. Box 6 Stephens City, VA 22655 Phone: Please list names of all owners, principals and /or majority stockholders: Contact Person: Steve Terry (PHR&A) Phone: (7-03) 828-2616 Name of Subdivision: Greenwood Road Subdivision Number of Lots 5 Total Acreage 2,837 Property Location: West side of S.R. 656 (Greenwood Road) approximately 1,400'± north of S.R. 657 (Senseny Road) intersection (Give State Rt.10, name, distance and direction from intersection) Magisterial District Shawnee Property Identification Number (PIN)) TM -55/,191 & 193 8 Property Zoning and present se: RP, Single Family Residenc- Adjoining property zoning and use: RP & RA; Residential Parks, ' I Ch cher Has a Master Developiiient Plan been submitted for this project?. Yes No X If yes, has the final. MDP been approved by the Board of Supervisors? Yeses_ No a What was the MDP title? Does the plat contain any changes from the approved MDP? Yes No If yes, specify What changes: Minimum Lot Size (smallest lot) .44 Acre Number and types of housing. units in this development: Number 5 Types Single Family 9 SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT, TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL OF THE REQUIREMENTS OF THE ORIDINANCES REGARDING THE PLATTING OF SUBDIVISIONS WITHIN THE COUNTY HAVE BEEN COMPLIED WITH. I FURTHER CERTIFY THAT THIS SURVEY IS CORRECT AND COMPLIES WITH THE MINIMUM PROCEDURES AND STANDARDS AS ESTABLISHED BY THE VIRGINIA BOARD OF ARCHITECTS, PROFESSIONAL ENGINEERS, LAND SURVEYORS AND LANDSCAPE ARCHITECTS. FRED S. PRICE N0. 1301-B Z /1 //9c APPROVALS VICINITY MAP SCALE: 1" = 2000' FINAL SUBDIVISION PLAT FOR GREENWOOD ROAD SUBDIVISION SHAWNEE DISTRICT FREDERICK COUNTY, VIRGINIA DATE: JUNE 4, 1996 SCALE: 1" = 50' Offices: Fairfax,Va. PIMA Bridgewater,Va. Leesburg,Va. Patton Harris Rust&Associates,pc Virginia Beach,Va. EnStmart,SUM*YCra,plaaners,landscape Architects 4kChantilly,Va. 100 S. Main Street Brldlewater, Victims 22812 Winchester,Va. 540-62a-2a1a 9217-'0 1 OF 4 OWNERS CONSENT AND DEDICA'nON KNOW ALL MEN BY THESE PRESENTS, THAT THE SUBDIVISION OF LAND AS SHOWN ON THIS PLAT, AND KNOWN AS GREENWOOD ROAD SUBDIVISION AND CONTAINING 2.8366 ACRES IS NOW SHOWN TO BE IN THE NAME OF JASBO, INC. AND WAS ACQUIRED BY SAID COMPANY FROM THE POTOMAC EDISON COMPANY , AND FROM HARRY BENJAMINE CRIM, JR. BY DEEDS DATED AUG. 10, 1994, AND APRIL 1, 1994, RESPECTIVELY AND RECORDED IN THE CLERK'S OFFICE OF FREDERICK COUNTY, VIRGINIA, IN D.B. 825 AT PAGE 393, AND D.B. 818 PAGE 1082 RESPECTIVELY. LET IT FURTHER BE KNOWN THAT THE SUBDIVISION SHOWN HEREON IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS THEREOF, AND THAT ALL EASEMENTS AND RIGHTS-OF-WAY ARE HEREBY DEDICATED TO THE PUBLIC USES AS SHOWN. G EN UNDER OUR HANDS THIS JI -DAY OF 19� (SEAL) STATE OF l / /` COUNTY OF? �a't'!t '//THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS/At'/p DAY OF g NOTARY PUBLIC Ati� MY COMMISSION EXPIRES 4n�IL�' FINAL SUBDIVISION PLAT FOR GREENWOOD ROAD SUBDIVISION SHAWNEE DISTRICT FREDERICK COUNTY, VIRGINIA DATE: JUNE 4, 1996 SCALE: 1" = 50' Offices: �1 PRICE tcFairfax,Va. FRED Bridgeater.Va. N0. 1301-BpflRA Leesburg.Va. .7 Patton Harris Rust&Associates,pc Virginia Beach.Va. p 9� ;I EngineersSu eyors.Planners.landseape Architects Chantilly,Va. 100 S. Main Street etr aridg—ater. Virginia 22812 Winchester,Va. • tt•tt�ttNH` 540-828-2818 9217-1p SHEET ET 2 OF CURVE DATA CURVE iS7 IR01[111''; LENGTH TANGENT CHORD BEARINGDELTA Cl C2 264.38' 42.59' 21.34' 42.54' S 07'46'21" W 09'13'46" C3 264.38 70.65' 35.54° 70.44' S 20'02'34" W 151839" C4 264.38' 70.65' 35.54' 70.44' S 35'21'13" W 15'18'39" CS 264.38' 37.91' 18.99' 37.88' S 47'07'00" W 08'12'56" C6 264.38' 221.80' 117.90' 215.35' N 27'11'28" E 48'04'00" 172.13' 92.91' 47.62' 91.78' S 24'24'58" E 30'55'33" LET IT FURTHER BE KNOWN THAT THE SUBDIVISION SHOWN HEREON IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS THEREOF, AND THAT ALL EASEMENTS AND RIGHTS-OF-WAY ARE HEREBY DEDICATED TO THE PUBLIC USES AS SHOWN. G EN UNDER OUR HANDS THIS JI -DAY OF 19� (SEAL) STATE OF l / /` COUNTY OF? �a't'!t '//THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS/At'/p DAY OF g NOTARY PUBLIC Ati� MY COMMISSION EXPIRES 4n�IL�' FINAL SUBDIVISION PLAT FOR GREENWOOD ROAD SUBDIVISION SHAWNEE DISTRICT FREDERICK COUNTY, VIRGINIA DATE: JUNE 4, 1996 SCALE: 1" = 50' Offices: �1 PRICE tcFairfax,Va. FRED Bridgeater.Va. N0. 1301-BpflRA Leesburg.Va. .7 Patton Harris Rust&Associates,pc Virginia Beach.Va. p 9� ;I EngineersSu eyors.Planners.landseape Architects Chantilly,Va. 100 S. Main Street etr aridg—ater. Virginia 22812 Winchester,Va. • tt•tt�ttNH` 540-828-2818 9217-1p SHEET ET 2 OF q PROP. 20' STORM DRAINAGE EASEMEN N 10'51'17" W 65.96' 125.77' 25 r i LOT 1 A 23,224 S.F. r � LOT 2 19,175 S.F. � 12.00' EXIST. ELECT. -?' Lp EASEMENT 35' B.R.L. (TYP.) N, PROP. DRAINAG N 46.54' IJ 7 20 STORM E EASEMENT 00 N 27'18'42" 26" W 119.23' 400 103.09' -- w.-- / 34.20' 98 / EXIST. ELECT. // J N LOT 4 EASEMENT J / - 25,654 S.F. r J (SEE SHEET 4 OF LOT 3 / q PROP. 20' STORM \ DRAINAGE EASEMENT 24,623 S.F( N 85.53'29" W 45.96' PROPOSED INGRESS/ FINAL SU EGRESS � 3 EASEMENT GREENWOO 12.00' 6) h SH :0 10 FREDERI EXIST. 20' a /o P -R VATE 2� SUE PLAT FOR D ROAD SUBDMSION SHA NOTE: THE PROPERTY HEREON DELINEATED IS ZONED RP. IRON PINS TO BE SET AT ALL CORNERS E UPON COMPLETION OF CONSTRUCTION *11 FRED S. PRICE 4) N0. 1301-B DISTRICT CK COUNTY, VIRGINIA N C6 SAN. SAN. SEWER DATE: JUNE 4, 1996 SCALE: 1" = 50' o ' j EASEMENT ` REV. JULY 11, 1996 CL 2 � Offices: w 4 03 Q•_gEE"OW © Fairfax,Va. pfffiABridgewater,Va. p3.pp �2 R/W VARIES Leesburg,Va. 5 Patton Harris Rust&Associates,pc Virginia Beach,Va. Engineeras—eyora,Planners.Landscaye Architects Chantilly,Va. 100 S. main strsat Bridgewater, virgima 22612 Winchester,Va. 340-628-2818 9217-10 SHEET 3 OF 4 .i� j}t. '•i �',�v—mow:::..,. D ED 17. `E31" `'�' ` PROP. 20STORM DRAINAGE EASEMENT N 63'15'45" W 74.41' q PROP. 20' STORM DRAINAGE EASEMEN N 10'51'17" W 65.96' 125.77' 25 r i LOT 1 A 23,224 S.F. r � LOT 2 19,175 S.F. � 12.00' EXIST. ELECT. -?' Lp EASEMENT 35' B.R.L. (TYP.) N, PROP. DRAINAG N 46.54' IJ 7 20 STORM E EASEMENT 00 N 27'18'42" 26" W 119.23' 400 103.09' -- w.-- / 34.20' 98 / EXIST. ELECT. // J N LOT 4 EASEMENT J / - 25,654 S.F. r J (SEE SHEET 4 OF LOT 3 / q PROP. 20' STORM \ DRAINAGE EASEMENT 24,623 S.F( N 85.53'29" W 45.96' PROPOSED INGRESS/ FINAL SU EGRESS � 3 EASEMENT GREENWOO 12.00' 6) h SH :0 10 FREDERI EXIST. 20' a /o P -R VATE 2� SUE PLAT FOR D ROAD SUBDMSION SHA NOTE: THE PROPERTY HEREON DELINEATED IS ZONED RP. IRON PINS TO BE SET AT ALL CORNERS E UPON COMPLETION OF CONSTRUCTION *11 FRED S. PRICE 4) N0. 1301-B DISTRICT CK COUNTY, VIRGINIA N C6 SAN. SAN. SEWER DATE: JUNE 4, 1996 SCALE: 1" = 50' o ' j EASEMENT ` REV. JULY 11, 1996 CL 2 � Offices: w 4 03 Q•_gEE"OW © Fairfax,Va. pfffiABridgewater,Va. p3.pp �2 R/W VARIES Leesburg,Va. 5 Patton Harris Rust&Associates,pc Virginia Beach,Va. Engineeras—eyora,Planners.Landscaye Architects Chantilly,Va. 100 S. main strsat Bridgewater, virgima 22612 Winchester,Va. 340-628-2818 9217-10 SHEET 3 OF 4 DB 66-1 N 27*18'42" E 103.09' 158.92' 3' 25' 8.R.L. ,l EXIST. ELECT. o/ 1" EASEMENT �o LOT 3 LOT 4 �4 24.623 S.F. / / 25,623 S.F. / .: LOT 5 (SEE SHEET 3 OF 4) / 30,919 S.F/rQi' EXIST. 20' ' PROPOSED PRIVATE , Iry / SAN. SEWER �y / INGRESS/ �� ,� / EASEMENT �/ EGRESS �� �, / ti / 2 EASEMENTS z � " " ° — ------------J '•sig �. � (C, � O / �S • Gro y 3 NO o- IV vy Q• gg . O • `v �V NOTE: THE PROPERTY HEREON DELINEATED IS ZONED RP. IRON PINS TO BE SET AT ALL CORNERS UPON COMPLETION OF CONSTRUCTION ..t: , !. • N E IR`.' 1 AIRK i�•%r=1�=���ys�`} io FRED S. PRICE N0. 1301-B FINAL SUBDIVISION PLAT FOR GREENWOOD ROAD SUE30IMSION SHAWNEE DISTRICT FREDERICK COUNTY, VIRGINIA DATE: JUNE 4, 1996 SCALE:: 1" = 50' Offices: Fairfax,Va. PlfliA Bridgea•ater,Va. Leesburg,Va. Patton Harris Rust&Associates.pc Virginia Beach.Va. Lagineers.surveyors.Pianners.tandscape itects rchv Soo S. Nain Street Chantilly,Va. Hridgewater, Virginia 22812 1Yinchester,Va. <'.eo-825-2818 9217-10 SHEET 4 OF 4