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PC 02-21-96 Meeting AgendaAGENDA FREDERICK COUNTY PLANNING COMMISSION The Old Frederick County Courthouse Winchester, Virginia FEBRUARY 21, 1996 7:00 P.M. CALL TO ORDER TAB 1) Minutes of January 17, 1996 .......................................... A 2) Bi -monthly Report/Activity Report ..................................... B 3) Committee Reports ................................................. C 4) Citizen Comments ........... o . ............. . . .................... D PUBLIC HEARINGS 5) Master Development Plan Application #002-96 of Preston Place Apartments, Phase II. The applicant is proposing to revise an approved master development plan to change the housing type from townhouses to garden apartments. This proposal calls for the development of 44 garden apartment units within four buildings on 14.59 acres. This property is located on the north side of Airport Road (Route 645), approximately 300 feet east of Front Royal Pike (Route 522); and is identified with Property Identification Number 64 -A -45C in the Shawnee Magisterial District. (Mr. Wyatt) ....................................................... E 6) Preliminary Master Development Plan #003-96 of Whitehall Business Park for the establishment of a business and industrial park. This property is located in the southwest quadrant of the intersection of I-81 and Rest Church Road (VA Rt. 669), in the Stonewall Magisterial District, is identified as Property Identification Number(s) 33-A-3 thru 10; and 33-9-1 thru 8; and contains 52.04 acres. (Mr. Wyatt) ....................................................... F 7) 1996 Primary Road Improvement Plan for Frederick County (Mr. Wyatt) ....................................................... G 2 OTHER ITEMS 6) Informal Discussion - A Vested Rights Policy Statement for Frederick County (Mr- Wyatt) ....................................................... H MISCELLANEOUS 9) Other............................................................ I File: k:\wp\cmn\covers99\pc2_21.agn MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Old Frederick County Court House in Winchester, Virginia on January 17, 1996. PRESENT: Planning Commissioners resent were: Charles S. DeHaven, Jr., Chairman/Stonewall District; S. Blaine Wilson, Shawnee District; Robert A. Morris, Shawnee District; John H. Light, Stonewall District; Marjorie H. Copenhaver, Back Creek District; Roger L. Thomas, Opequon District; Robert M. Sager, Board Liaison; Alan G. Toxopeus, Winchester City Liaison; and Jay Cook, Legal Counsel. ABSENT: John R. Marker, Vice Chairman/Back Creek District; Terry Stone, Gainesboro District; Richard C. Ours, Opequon District; George L. Romine, Citizen at Large, Staff present: Robert W. Watkins, Director and Secretary; W. Wayne Miller, Zoning Administrator; and Renee' S. Arlotta, Minutes Recorder. 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 OTHER ITEMS: Subcommittee List Mr. Watkins presented a list of current subcommittee members, committee liaisons, and meeting times for the Commission's information and input. No changes were made by the Commission at this time. Planning Commission Retreat on February 3. 1996 Mr. Watkins reminded the Commission of the 1996 Annual Planning Commission Retreat to be held at Wayside Inn on February 3, 1996. (At this time, only five voting members of the Planning Commission were in attendance. Due to the lack of a quorum, Chairman DeHaven declared a recess until 7:20 to see if other members would arrive. Mr. Wilson arrived and Chairman DeHaven proceeded with the meeting.) Subdivision Application #015-95 of Aerocenter Business Park to subdivide a 9.6150 acre tract into four lots, with a minimum lot size of 1.5290 acres. This property is located at the southwest corner of Victory Road (Rt. 728) and Arbor Court (Rt. 1000) and is identified with PIN 64 -A -80B in the Shawnee District. Action - Approved Mr. Miller said that the application meets all of the requirements of the subdivision ordinance. He said there was no existing master plan for this property and waiver of the master plan requirement was recommended. Mr. Miller said that the applicant has modified the plats to reflect the dedication of a portion of Lot 3 for right-of-way, as requested by VDOT. 3 Mr. Morris asked if this property was accessible from Airport Road and Mr. Miller _replied that it was accessible from both Airport Road and Arbor Court. Mr. Stephen M. Gyurisin, with G. W. Clifford & Associates, Inc., the design engineering firm, was present to represent this subdivision. request. There were no citizen comments. The Commission had no outstanding concerns or problems with the subdivision Upon motion made by Mr. Morris and seconded by Mr. Wilson, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Subdivision Application #015-95 of Aerocenter Business Park for the subdivision of a 9.6150 acre tract into four lots and does also hereby waive the requirement for a master development plan. Subdivision Application #016-95 of S & S Development (Rite Aide) to subdivide a 3.648 acre tract into two lots, with a minimum lot size of 1.50 acres. This property is located at the corner of Fairfax Pike (Rt. 277) and Double Church Road (Rt. 641) and is identified with PIN 86-A-82 in the Opequon Magisterial District. Action - Approved Mr. Miller said that the only issue at this time is between the developer and VDOT and involves a turn lane off Route 277. He said that VDOT will require the applicant to install a turn lane and the staff would support this, because it is a VDOT requirement. Mr. Miller said that the applicant is currently taking care of this issue. Mr. Phil Sanders, with S & S Development, the applicant, said that they are currently striving to resolve VDOT issues. Members of the Commission asked Mr. Sanders if he had an average daily trip count for the store/parking lot. Mr. Sanders said that they are having a difficult time making a determination on this because Rite Aide will be using a new concept, which is a drive-through 4 window. Mr. Sanders said that it will not be as intensive as a fast food restaurant or bank use. Mr. Sager requested that the applicant have traffic count statistics available for the Board of Supervisors' meeting. There were no citizen comments. Members of the Commission had concerns about the traffic in the area. Upon motion made by Mr. Thomas and seconded by Mr. Light, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Subdivision Application #016-95 of S & S Development (Rite Aide) for the subdivision of a 3.648 acre tract into two lots with a minimum lot size of 1.50 acre and the Commission does also hereby waive the requirement for a master development plan. ADJOURNMENT There being no further business to discuss, Chairman DeHaven adjourned the meeting at 7:55 p.m. Respectfully submitted, Robert W. Watkins, Secretary Charles S. DeHaven, Jr., Chairman BIMONTHLY REPORT OF PENDING APPLICATIONS (printed February 8, 1996) REZONINGS• Woodside Est. (REZ) Opequon 36.4589 Acres RA to RP Location: West side of Double Churches Rd (Rt. 641), south of the intersection w/ Fairfax Pk t. 277 Submitted: 11/15/95 PC Review: 12/06/95 - Recommended Denial BOS Review: 02/13/96 MASTER DEVELOPMENT PLANS: Dr. Raymond Fish (MDP) Stonewall Animal Hospital & Mobile Office Sales on 20.93 acres B2 & B3 Location: East side of I-81 and south side of Rt. 672 Submitted: 11/02/95 PC Review: 01/03/96 - Recommended Approval BOS Review: 01/24/96 - Approved Pending Admin. Ap roval: Awaiting com letion of review agency requirements Preston Place Apts. Phase H MDP Shawnee Garden Apartment Units (rental) on 14.59 acres RP Location: No. Side of Airport Rd. t. 645 Submitted: 01/29/96 PC Review: 02/21/96 BOS Review: 03/13/96 Whitehall Business Pk (flying MDP Stonewall Business Pk on 52.04 Ac. (MI & B3 Location: So. West quadrant of I-81 & Rt. 669 intersection Submitted: 01/31/96 PC Review: 02/21/96 BOS Review: 02/28/96 Hill Valle MDP Shawnee SF Det. Cluster; 26.123 Ac. RP Location: N.W. Corner of Valley Mill & Greenwood Rds. Submitted: 11/15/95 PC Review: Waiting for submittal of all review agency comments. BOS Review: Date not yet scheduled. Fieldstone H hts MDP Stonewall 1 169 SF Det. Trad. Lots RP Location: South of Valley Mill Rd. t. 659 Submitted: 04/25/94 PC Review: 05/18/94 Tabled 07/06/94 Approved BOS Review: 08/10/94 Approved Pending Admin. Approval: Awaiting completion of review agency requirements James R. Wilkins, III Shawnee 76 Apartments & 86 T.H. (RP) MDP Submitted: 12/22/95 Location: South side of Rt. 659 BOS Review: Submitted: 11/02/92 02/02/96 PC Review: 12/16/92 Tabled 02/17/93 Ap2roved BOS Review: 03/10/93 Tabled 11 04/I4/93 Approved Pending Admin. App oval- review a enc requirements SUBDMSIONS: Aerocenter Business Pk SUB Shawnee 4 (M1) Lots; Total Area Subdivided 9.6150 ac. Location: S.W. Corner Victory Rd 728 & Arbor Ct 1000 Submitted: 12/22/95 PC Review: 01/17/96 BOS Review: 01/24/96 - Approved Admin. Approved: 02/02/96 HFG Partnership SUB Back Creek J2 B2 Lots; 10.031 Acres Total Location: Sulky Drive Submitted: 11/06/92 PC Review: 01/03/96 - Approved BOS Review: Not Required --Has Approved NMP Pending Admin. Ap roval: Awaiting signed plats. 3 Valley Mill Estates SUB Stonewall 21 SF Trad. Lots Location: No. Side of Valley Mill Rd. & East of Greenwood Rd. Submitted: 10/23/95 PC Review: 11/15/95 - Approved BOS Review: Review not required --Has an approved MDP Pending Admin. A roval: Awaiting bonding, signed plats, & deed of dedication Winc-Fred Co. IDC (SUB) Back Creek 2 M1 Lots (0.552 acres & 20.285 acres Location: Southeast side of Development Lane Submitted: 09/08/95 PC Review: 10/04/95 Approved BOS Review: Review not required --Has an approved MDP PendingAdmin. A !oval Awaitin si ned lets. Star Fort, Sect. I (SUB) Stonewall 21 SF lots on 7.5713 total acres Location: Lauck Drive; east side of Rt. 832 Submitted: 08/28/95 PC Review: 10/18/95 - Approved BOS Review: Review not required --Has an approved MDP Pending Admin. Approval: Awaiting signed plats & bonding. Maxwell T. Mandel, DVM I(SUB) Opequon 2 Lots from 0.803 Acres (B1) Location: Southeast corner of Rt. 277 & Highlander Rd. Submitted: 07/28/95 PC Review: 09/06/95 - Approved BOS Review: 09/13/95 - Approved Pending Admin. Approval: 01/31/96 RT&T Partnership SUB Back Creek TILot - 29.6 Acres B2 Location: Valle Pike Rt. 11 So. Submitted: 05/17/95 PC Review: 06/07/95 Approved BOS Review: Review not required—has an approved MDP Pending Admin. Approval- Awaiting submission of signed plat &deed of dedication Briarwood Estates SUB Stonewall20 SF Det. Trad. Lots RP Location: Greenwood Rd. Submitted: 01/03/94 PC Review: Review date pendiplatapplicant's request. BOS Review: Review not required—has an approved MDP Abrams Point, Phase I SUB Shawnee 230 SF Cluster & Urban Lots RP Location: South side of Rt. 659 Submitted: 05/02/90 PC Review: 06/06/90 Approved BOS Review: 06/13/90 Approved Pending Admin. Approval: 11 Awaiting deed of dedication, letter of credit, and signed lat Harry Stim son SUB O e uon Two B2 Lots Location: Town Run Lane Submitted: 09/23/94 PC Review: 10/19/94 Approved BOS Review: 10/26/94 Approved Pending Admin. Approval: Awaiting signed plat. SITE PLANS: City of Winchester Water Storage Tank Gainesboro Utilities Facility on <1 acre of a 121.78 acre site RA Location: Echo Lane; North of Rt. 50 West Submitted: 01/29/96 Approved: Pendin Ne le land SP Stonewall I Office/Equip. Storage 133 Location: Welltown Rd. Rt. 661 Submitted: 01/19/96 11 Approved: 01/31/96 National Wildlife FederationStonewall SP Bldg. Addition on 3.7 ac. of a 15.0 ac. Site Ml Location: 1625 Tyson Drive Submitted: 01/17/96 Approved: 12ending Hardee's Mobile Oil Con- venience Center SP Back Creek Conven. Cntr/Rest. on a 1.0727 ac. site RA CUP #011-95 Location: Southeast corner of Rt. 50 West and Ward Avenue Submitted: 12/20/95 Approved: 1 Pending D.K. Erectors & Maintenance, Inc.SP Gainesboro Indust Serv/Steel Fabrication on a 10 acre site M2 Location: 4530 Northwestern Pike Submitted: 12/28/95 Approved: Pendin Albin Ridge Storage, Phase III Revisde SP Gainesboro Wholesale Merch/Self Storage on 0.50 ac of 5 ac site 133 Location: Indian Hollow Rd. t. 679 Submitted: 12/29/95 Approved: Pending FEstes Express Lines Dock Stonewall Office/Transfer Station o:2q Addition SP ac. of 6.8702 ac. tract M Location: 906 Baker Lane Submitted: 01/02/96 Approved: I Pendin Doerwaldt Dental Office SP Opequon Medical Office Addition on 0.44 acres of a 0.44 acre parcel B2 Location: 103 Highlander Rd., Stephens City Submitted: 12/18/95 11 Approved: Pending Aerocenter Business Park, Lot 4 SP Shawnee Warehouse on 4.8264 Acres (MI) Location: No. of intersection of Arbor Ct. & Victory Rd. Submitted: 12/04/95 Approved: Pending Professional Mobile Home Brokers, Inc.S( P) Stonewall Mobile/Modular Home Sales on 1 2.7780 Acres B3 Location: So. Side Rt. 7 East; southwest corner of Eckard Circle Submitted: 12/05/95 Approved: Pending Garber Ice Cream (SP) Shawnee Proposed Freezer Addition on 0.14 acres B2 Location: 346 Front Royal Pike Submitted: 1102/01/96 11/20/95 Approved: 02/08/96 Horizon Development Co. SP Shawnee Parking Layout on 0.20 acres B2 Location: 1090 Millwood Pike Submitted: 10/27/95 Approved: 02/08/96 Regency Lakes, Sect. E SP Stonewall 95 units on 28.0 acres (MH1 Location: North of Regency Lakes Drive Submitted: 10/27/95 Approved: Pending Rite Aid Pharmacy (SP) Opequon Rite Aid Pharmacy on 1.50 acres B2 Location: E corner of intersection of Fairfax Pk (Rt. 277) & Double hurch Rd. t. 641 [Pending Submitted: 9/08/95 [Approved: Wheatlands Wastewater Facility SP Opequon Treatment Facility on 5 Acres RS Location: So.West of Double Tollgate; ad. & west of Rt. 522 Submitted: 09/12/89 Note: Being held atapplicant's request. Flex Tech SP Stonewall M1 Use on 11 Ac. M1 Location: East side of Ft. Collier Rd. Submitted: 10/25/90 Note: Being held atapplicant's request. Macedonia United (SP) Methodist Church Addition Shawnee Church on 5+ Acres (RA) Location: 1941 Macedonia Church Rd., White Post Submitted: 07/31/95 Approved: Pending CONDITIONAL USE PERMITS: Donald R Merritt Gainesboro Re-establish Nonconforming Use - Porta -potties for distribution RA Location: 558 Ma le Road Submitted: 12/15/95 PC Review: 02/07/95 -Recommended Denial BOS Review: 02/28/95 10 The National Humane Edu- cation Society CUP Stonewall Change of Use & Expansion of Existing Kennel RA Location: North Side of Walters Mi11 Rd. t. 836 Submitted: 12/08/95 PC Review: i 01/03/96- Recommended Approval w/conditions BOS Review: 01/24/96 - Tabled until 02/13/96 VARIANCES• None. IE. PLANNING AND DEVELOPMENT - ACTIVITY REPORT #97 (Jan. 1-31) 1. Battlefield Preservation Evan Wyatt is completing work associated with the ISTEA Enhancement Program grant application for the Third Battle of Winchester site. Evan is also providing Phoebe Kilby, Shenandoah County Assistant County Administrator, with required information for the multi - jurisdictional "Virginia's Civil War Trail" Enhancement project. Bob Watkins attended a meeting with a number of different people to discuss the formation of a battlefield organization. 2. Plan Reviews, Approvals. and Site Inspections Evan Wyatt reviewed the following site plans: the new warehouse facility at the AeroCenter property located along Arbor Court; revisions to the Shenandoah Memorial Park maintenance facility located along Front Royal Pike; revisions to the Horizon Development Company site improvements at the Big Lots facility located along Millwood Pike; revisions to the Negleyland site located along Welltown Road; and a master development plan for commercial property owned by Dr. Raymond Fish located along Hopewell Road. Evan conducted site inspections for the Rosedale Baptist Church facilities, located along Northwestern Pike; for the new hanger/office facility at the Winchester Regional Airport, and at the Stowe Woodward facility for a proposed office addition. Wayne Miller approved the following site plans: the Timber Ridge School Administrative Building located along New Hope Road; the addition to the Sherando High School located along South Warrior Drive; the Shenandoah Memorial Park maintenance building located along Front Royal Pike; revisions to the Negleyland site plan located along Welltown Road; the additions to the Van Guilder's Nursing Home located along Pennsylvania Avenue; and the Holtzman Convenience Center located in the Reynolds Store area. 3. merlings Bob Watkins and Evan Wyatt met with Ralph Gregory and Richard Hardison to discuss a development proposal. Bob Watkins and Kris Tierney met with Ralph and Don Shockey to discuss the proposed connection from Route 11 North through to Route 522 North. The Shockey Company has acquired a parcel of land south of Star Fort that would play an important part in any future connection. Page 2 BOS Activity Report #97 January 1 through 31, 1996 Kris Tierney had the following meetings: 1) met with David Ziegler, the Executive Director of Northwestern Community Services, representatives of the Rose Memorial Foundation, and representatives of K.W. Poore & Associates to discuss the preparation of a Community Development Block Grant Application for funding to construct a home and day care facility for mentally handicapped adults. This matter will come before the Board of Supervisors at its second meeting in February. 2) met with Matt Hott of Parks and Recreation to discuss needed survey work related to the conversion of land along the western edge of Sherando Park to accommodate a future segment of Warrior Road. Conversion. 3) met with Scott Marsh to discuss survey work related to the Sherando Park Mike Ruddy had the following meetings: 1) met with Greg Bonafiglio of Dakota Worldwide to discuss County demographics and possible retail development opportunities within the County. 2) met with Steven M. Gyurisin of G. W. Clifford & Associates, Inc. to discuss the Professional Mobile Home Brokers, Inc. site plan revisions. Evan Wyatt had the following meetings: 1) met with Robert Brown to discuss development issues associated with the Hardee's/Mobile Convenience Center, located along Northwestern Pike, and with the Dr. Raymond Fish Master Development Plan, located along Hopewell Road. 2) met with Jim Doran and Matthew Hott, of the Parks & Recreation Department, and Ron Mislowski of G. W. Clifford & Associates, Inc. to discuss issues regarding the Village at Sherando Master Development Plan and the new pedestrian bicycle facility. The staff will be presenting a minor revision to the approved master development plan to the Planning Commission and the Board in February that will assist in the completion of the proposed bicycle/pedestrian facility. 3) met with Granville Amos and Rene Manual, of the Winchester Regional Airport Authority, to discuss development issues related to the Airport Support Area and concerns regarding telecommunication towers. Evan also discussed these issues with Mr. John Longnaker of Delta Page 3 BOS Activity Report #97 January 1 through 31, 1996 Associates, the Airport's Engineer. 4) met with Pat Brasher and Bruce Edens to discuss development issues related to the Delco Development Company property to insure consistency with proposed development in the Prince Frederick Office Park. 5) met with representatives from VDOT and citizens that reside on Ridings Mill Road to review maintenance problems and determine appropriate solutions. Wayne Miller had the following meetings: 1) met with Mark Stivers to discuss issues involved in the conditional use permit application of the National Humane Education Society to expand the Aberdeen Kennels facility for their use. 2) met with David Branch to discuss issues concerning the division of property at the intersection of Fairfax Pike (Rt. 277) and Double Churches Road (Rt. 641). 3) met with Scot Marsh and Chuck Maddox, of G. W. Clifford & Associates, Inc., to discuss connector road issues associated with the division of a large tract of Rural Area zoned land. 4) visited the John Shelly property on Marple Road, prepatory to commenting on a proposed conditional use permit to reestablish a nonconforming use at that location. Mr. Donald Merritt desires to store porta-potties on the property. 5) met with Evan Wyatt, the Fire Marshal, Doug Kiracofe, to discuss the current procedures regarding the collection of money associated with rezoning proffers. 4. Zoning Violations Mike Ruddy received three zoning violation complaints. They will be investigated during the next period. Wayne Miller investigated six zoning violations and found all to be valid complaints. Corrective action has been initiated in all cases. Page 4 BOS Activity Report #97 January 1 through 31, 1996 5. Mapping ra hics The Mapping and Graphics staff have worked on the following projects: 1. Installation of an access to the Internet through Shentel services. Through the Internet, staff have been able to access software corrections and upgrades, map data, mapping resources, and contacts through E-mail with various GIS, mapping, government and educational institutions. 2. Staff members are continually working on upgrading, converting and cleaning of map data supplied by the original contract and other sources. The most recent activities include the clean-up and correction of data layering and the correction and re-classification of road data layers. 3. Additional activities include: a) Address mapping and assistance to local post offices for addressing data b) Daily assignment of structure numbers c) Digital mapping of Comprehensive Policy Plan mapping d) Civil War Battlefield grant application support e) Assistance to the Fire and Rescue Department in the updating of their Street Guide Book. 0 Corrections and changes to the structure numbering data -bases through public support and Fire and Rescue Companies' interest. g) Historical mapping project support h) Masses of parcel subdivisions, corrections, and adjustments are being made to the current tax mapping. Assistance is being given to the Real Estate Office, in the form of supplying paste-up corrections for the tax map paper copies for complicated and large subdivisions, I) Digitizing of Transportation Plan Data will allow information use in several other applications. j) Support mapping for the Route 37 Project. Page 5 BOS Activity Report 997 January 1 through 31, 1996 NOTE: All data is being digitized for individual projects, after final form and publication is being broken down into pieces and stored for future project use. These pieces are usable as parts of a multi -layered jig -saw puzzle. The storage of this data is becoming quite massive and expansion of storage facilities will soon be necessary. One of the things that the Department/County should be looking at is creating a Home Page for the County with compartments for the different Departments. The Home Page is a library of data that other Internet users can download. Much of the data being created by staff could be easily accessed and shared by Internet users, freeing up some staff time involved in manual dispersal of data to the public. 6. Personnel Items Interviews were conducted for the vacant Secretary II position. Carol Gordon was selected for the position and her employment began on January 17. 7. Qther Mike Ruddy compiled a report on House Bill No, 70. This is a bill that would force additional localities, including Frederick County, to comply with the Chesapeake Bay Preservation Act. This bill would have a significant fiscal impact on Frederick County. Mike Ruddy is in the process of compiling the Frederick County Annual Report for 1995. Evan Wyatt ran the County Impact Model for a proposed rezoning on the south side of Middle Road. This proposal regards the rezoning of RA property to RP for the development of 25 single family dwellings on approximately nine acres. File: K:\WP\CMMACTNITY.REP\ACTn1TY.97 PC REVIEW: 02/21/96 BOS REVIEW: 03/13/96 MASTER DEVELOPMENT PLAN #002-96 PRESTON PLACE APARTMENTS, PHASE TWO LOCATION: North side of Airport Road (Route 645), approximately 300 feet east of Front Royal Pike (Route 522). MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 64 -A -45C - 14.59 acres PROPERTY ZONING & PRESENT USE: Zoned: RP (Residential Performance) ADJOINING PROPERTY ZONING & USE: North: Zoned RA, Rural Areas South: Zoned RP, Residential Performance East: Zoned B-2, Business General West: Zoned RP, Residential Performance Current Land Use: vacant Use: Several Single Family Dwellings Use: Garden Apartments &Vacant Use: Vacant Use: Several Single Family Dwellings PROPOSED USE: Garden Apartment Units (rental) REVIEW EVALUATIONS: Virginia Dept. of Transportation: No overall objections to this project's revised master development plan. Since access to Phase II of the project will be from the end of the existing private street (Preston Place) in Phase I, the streets within Phase II will not be eligible for addition into the State's Secondary Maintenance system. We ask this street be designated as private on this Master Development Plan. Prior to making any final comments, this office will require a complete set of construction site plans, drainage calculations, and traffic flow data from the ITE Manual, 5th Edition for review. Any work within the Route 645 right-of-way must be covered under a land use permit. Preston Place MDP Page -2- Sanitation Authority: No comment. Inspections Dept.: Building shall comply with Virginia Uniform Statewide Building Code and Section 310, Use Group R (residential) of the BOCA National Building Code/1993. Other codes that apply are title 24 Code of Federal Regulation. NOTE: USBC requirement for sprinkling of R-2 Buildings -- Fire Protection; Chapter 1 - Fair Housing Accessibility guidelines, Section 2 through 56, F.R. 9499-9515. Fire Marshal: I did a cursory review of this plan with planner Evan Wyatt last week. The overall layout of the MDP is approved; however, our department reserves the right to have the applicant address all fire and rescue issues during the review of the engineered site plan. Issues will include but are not limited to the distance of the apartment buildings from the parking lot, the location of fire hydrants and fire lanes, and the ability to access the rear of all apartment buildings. Parks and Recreation: The previous master plan was approved for the provision of a volleyball court and a '/z basketball court within Phase II. The applicant is proposing to provide a swimming pool with a small bathhouse in lieu of the previously approved recreational amenities. This revision is acceptable to Parks and Recreation. Detailed review of this facility will occur during review of the site plan. County Engineer: The property on the north side of Airport Road has been engineered to collect storm water and retain it within the pond located on the south side of Airport Road. The general layout of Phase II appears to conform with this concept, and is therefore approved by our department. Drainage calculations, proposed grading plans and erosion and sedimentation control measures will be addressed during review of the site plan. Winchester Regional Airport: See attached sheets. Planning & Zoning: A) Project Scope: The applicant is proposing to revise an approved master development plan to change the housing type from townhouses to garden apartments. This revision calls for the development of four garden apartment buildings which will contain a total of 44 units. This creates an overall gross density of three units per acre on the 14.59 acre tract which conforms with the previous master development plan and requirements of the Zoning Ordinance. Preston Place MDP Page -3- B) Project History: The property that is proposed to be development under Phase II has a fairly substantial history, as depicted in the following time line: 11/2/90 A master development plan was approved to allow the development of 117 townhouse units on 22 acres, located on the north side of Airport Road (Route 645). No site plan was submitted for this project to allow construction to commence. 1/6/93 The applicant acquired 20 acres on the south side of Airport Road directly across from the 22 acre tract. A revised master development plan was approved by Frederick County which called for the development of 117 townhouse units on the north side of Airport Road and 120 garden apartments on the south side of Airport Road. A site plan was developed for the garden apartments on the south side of Airport Road. That phase of the development was built -out. 11/21/94 A revised master development was approved by Frederick County which changed the housing type on the north side of Airport Road to permit the development of garden apartments and townhouses. This plan proposed the development of 72 garden apartments in phase one and 45 townhouses in phase two. The revised master development plan maintained the same density as was originally approved for 117 townhouses. A site plan was developed for the garden apartments within phase one. This phase has been built -out. 2/21/96 A revised master development plan is proposed to once again change the housing type from townhouses to garden apartments. The Planning Commission discussed this proposal with the applicant during an informal discussion and indicated that this change was consistent with previous development patterns. C) General Comments: The primary concern of Planning and Development regards the delineation of the required residential separation buffer areas. Residential separation buffers are required when single family dwelling units are adjacent to other housing types. A minimum of a 100' buffer is required with full landscaping. The applicant will need to better define the location for this buffer area and provide information that describes how this buffer area will be developed. Preston Place MDP Page -4- Staff Recommendations For February 21, 1996 Planning Commission Meeting: Staff recommends approval of this development proposal. The proposed housing type is consistent with previous development phases, and adequate area exists to create appropriate buffers and screening to protect the adjoining properties that contain single family dwellings. Staff asks that the Planning Commission recommendation include the need to ensure that all review agency comments are adequately addressed. Staff believes that the Planning Commission should consider the following items during consideration of the revised master development plan: The development of garden apartment or townhouses will complete the build -out of the Preston Place project. The Planning Commission has consistently required the developer to insure that the location of the Winchester Regional Airport is completely disclosed in all sales literature, deeds, and lease contracts. The overall concept and design of the proposed master development plan conforms with the requirements of Article XVII, Master Development Plan of the Frederick County Zoning Ordinance. WINCHESTER REGIONAL AIRPORT 491 AIRPORT ROAD s�xa� n+E TOD OF VQGMWINCHESTER, VIRGINIA 22602 (703) 662-2422 Please consider the following comments when reviewing this Request for Master Development Plan: The Developer should be familiar with and be required to comply with the provisions of the Frederick County Code, Article XM, AP1 Airport District, to ensure the complete safety of the Winchester Regional Airport. Airspace and navigational aids within the Airport District may limit the height and use type of the development. The Developer should also be familiar with the following codes: Title 15.2 Code of Virginia, Section 491.02 (Airport Safety Zoning). Title 5.1 Code of Virginia, (Permits Required for Erection of Certain Structures). COMMENTS BY GRANVILLE AMOS, EXECUTIVE DIRECTOR DATED DECEMBER 14, 1995 As Winchester Regional Airport expands services and operations, noise associated with such expansion is very likely t -o increase. The —Airport Support A—rem aO4 Q ii7 ia oh.Pa4.a a1 -JY &.1 - le . Frederick County Comprehensive Policy Plan is designed to discourage residentialdevelopmentin the vicinity of the airport to preclude citizen concerns for noise created by aircraft operating on, to and from Winchester Regional Airport. If the developer is planning residential development adjacent to the ASA or under a flight path used regularly by aircraft outside of the ASA as they arrive or depart the Airport, he should be either required or encouraged to insulate all habitable structures for noise and be required to specifically address, in the property Covenants and Easements, existing airport related noise and the probability of increased noise as airport operations expand. WINCHESTER REGIONAL AIRPORT COMMENTS BY GRANVILLE AMOS, EXECUTIVE DIRECTOR DATED DECEMBER 14, 1995 L1 MDP #002-96 PIN. 64—A-45C Preston Place Apts. Phase Two Frederick County, Virginia Master Development Plan Application Package APPLICATION MASTER DEVELOPMENT PLAN 1. Project Title : PRESTON PLACE APARTMENTS, PHASE TWO 2. Owner's Name: STAFFORD HOLDING COMPANY 1201 CENTRAL PARK BOULEVARD, POST OFFICE BOX 7566 FREDERICKSBURG ,VIRGINIA 22404 (Please list the names of all owners or parties in interest) 3. Applicant CASTLE DEVELOPMENT CORPORATION Address: 2801 SOUTHWELL PLACE MIDLOTHIAN, VIRGINIA 23113 Phone Number: (804) 794-0553 4. Design Company: BENGTSON, DeBELL & ELKIN, LTD. Address: 808 MoOREFIELD PARK. DRIVE, SUITE 220 RICIRIOND, VIRGINIA 23236 Phone Number: (804) 320-2667 Contact Name: GARY RUNEY JZ OF ` c r Page 11 tf ANO Tj)f. 011,ff,— u�' Y' Frederick County, Virginia _ Master Development Plan Application Packae APPLICATION cont'd MASTER DEVELOPMENT PLAN 5. Location of Property: ON THE NORTH SIDE OF AIRPORT ROAD (ROUTE 645) APPROXIMATELY 289 FEET EAST OF FRONT ROYAL PIKE (ROUTE 522) 6. Total Acreage: 14.588 ACRES 7. Property Information: a) Property Identification Number (PIN): 64 -A -45C b) Current Zoning: RP C) Present Use: VACANT d) Proposed Uses: APARTMENTS FOR RENT e) Adjoining Property Information: Property Identification Numbers Property Uses North SEE ATTACHED LIST South East West Magisterial District: SHAWNEE 8. Is this an original or amended Master Development Plan? Original _ Amended X I have read the material included in this package and understand what is required by the Frederick County Department of Planning and Development. I also understand that the master development plan shall include all contiguous land under single or common ownership. All required material will be complete prior to the submission of my master development plan application. Signature: Date: 01-26- g, Paycr 7 s�.� 4'is�,Vil;.i e I _ �«� oFy=lcvs,+Eyr Cb JAN -26-36 FRI 12:08 FREDICK CO CT COMMONS 17036740682 ADJOINING PROPERTY OWNERS P_ 03 Owners of property adjoining the land will be notified of the public hearing. 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 road from the requested property. The applicant is required to obtain the following information on each adjoining property including the 14 digit tax parcel identification number which may be obtained from the office of the Commissioner of Revenue. NAME C. Douglas Adams Address 434 Bufflick Rd., Winchester, VA 22602 Property ID# 64000-A-0000-00-45 Preston Place Associates Add r e ss 2801 Southwell Place, Midlothian, VA 23113 Property ID# 64000 -A -0000-0-45B Silver Development Co. Address 4500 Plank Road, Fredericksburg, VA 22407 Property ID# 64000 -A -0000-0-45C C. Douglas Adams Address 434 Bufflick Rd., Winchester, VA 22602 Property ID# 64000 -A -0000-0-45D Hope Anne Reagan Address 649 Front Royal Pike, Winchester, VA . 22602 Property ID# 64000 -A -0000-0-45E Ellen Linette Spicer Address 298 Bufflick Rd., Winchester, VA 22602 Property ID# 64000-A-000-00-58 Thelm S. Cook Address 282 Bufflick Road, Winchester, VA 22602 Property ID# 64B00 -A-0000-00-53 Thelma S. Cook Address 282 Bufflick Road, Winchester, VA 22602 Property ID# 64800-A-0000-00-54 Thelma s. Cook Ad d r es s282 Bufflick Road, Winchester, VA 22602 Property ID# 64B00 -A -0000-0-54A - Thelma S. Cook Address 282 Bufflick Road, Winchester, -VA 22602 Property 1D# 64B00 -A -0000-0-54B ,tyre rf vEiAP,UE �pJ 1 ` 4 -TAN -26-36 FRI 12:08 FREDICK CO CT COMMONS 17036740682 p_02 NAME Luther Pangle Est. c/o John Pangle Address 560 N. Pershing Avenue, York, PA 17404 Property ID,# 64B00 -A-0000-00-55 Joseph C. & Thelma E. Bauserman Address 256 Bufflick Road, Winchester, VA 22602 Property ID# 64800--A-0000-00-56 Joseph C. & Thelma E. Bauserman Address 256 Bufflick Road, Winchester, , VA 22602 Property ID# 64B00 -A-0000-00-57 30' R/W Address Property ID# Flotie E. Boggs Address 226 Bufflick Road, Winchester, VA 22602 Property I D# 64B00 -A-0000-00-59 Timothy P. Rogers Address 218 Bufflick Road, Winchester, VA 22602 Property IO# 64B00 -A-0000-00-60 William L. Copenhaver Address 210 Bufflick Road, Winchester, VA 22602 Property ID# 64B00 -A-0000-00--61 James E. Wisecarver Address 202 Bufflick Road, Winchester, VA 22602 Property ID# 64B00 -A-0000-00-62 John A. Pearson & Donna T. Pearson Address 192 Bufflick Road, Winchester, VA 22602 Property ZD# 64800-A-0000-00-63 John M. & Pamela S. Orndorff Address 166 Bufflick Road, Winchester, VA 22602 Property ID# 64B00 -A-0000-00-64 John M. b Pamela S. Orndorff Address 166 Bufflick Road, Winchester, VA 22602 Property I D # 64B00 -A-0000-00-65 John M. Pamela S. Orndorff Address 166 Bufflick Road, Winchester, VA._ 22602. Property ID# 64800-A-0000-00-66 -� `G ArvQE�:ark�Ery �. ��l✓lSi�l�t2�`� J JAN -26-36 FRI 12:09 FREDICK CO CT COMMONS 17036780682 P,04 r, NAME John R. & Lillie E. Hawkins Address 160 Bufflick Road, Winchester, VA 22602 Property IDA 64B00 -A-0000-00-67 Howard J. & Lillie M. Ashby Address 154 Bufflick Road, Winchester, VA 22602 Property ID# 64B00 -A-0000-00-68 Isabelle V. Pingley, et als Address P.O. Box 173, Winchester, VA 22604 Property ID# 64B00 -A-0000-00-84 Melvin D. Boone & Kathleen D. Address 641 Front Royal Pike, Winchester, VA 22602 Property ID# 64BOO-A-0000-00-85 Clinton D. & Agnes J. Lewis Address 639 Front Royal Pike, Winchester, VA 22602 Property ID# 64B00 -A-0000-00-86 Robert J. McDaniel & Karen S. Address 643 Front Royal Pike, Winchester, VA 22602 Property ID# 64B00 -A-0000-00-90 Geneva 0. Dean Address 687 Front Royal Pike, Winchester, VA 22602 Property JD# 64C00 -A-0000-00-03 Elmer A. & Sherman Luella J. Address 699 Front Royal Pike, Winchester, VA 22602 Property ID# 64COO-A-0000-00-04 Address Property ID# Address Property ID# Address Property ID# Address Property ID# - NING r� ANp ;1tYrOP41ENE l ' •;fJ�� --'fit ✓ PC REVIEW: 02/21/96 BOS REVIEW: 02/28/96 MASTER DEVELOPMENT PLAN #003-96 WHITEHALL BUSINESS PARK LOCATION: Southwest quadrant of intersection of I-81 and Rest Church Road (Virginia Rt. 669) MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 33-A-3 through 10 and 33-9-1 through 8 PROPERTY ZONING & PRESENT USE: Zoned: M1, Light Industrial and B3, Industrial Transition Current Land Use: Rental housing and vacant ADJOINING PROPERTY ZONING & USE: North: Zoned - RA, Rural Areas Use - Orchard South: Zoned - RA, Rural Areas Use - Residential East: Interstate 81 (RA, Rural Areas; M-1, Light Industrial; M-2, Industrial General Zoning with uses varying from residential to commercial to industrial located across I-81 from this site) West: Zoned - RA, Rural Areas Use - Agricultural PROPOSED USE: Business and Industrial Park REVIEW EVALUATIONS: Virginia Dept. of Transportation: See attached letter dated 1-31-96 from Robert B. Childress (for William H. Bushman, P.E.). Health Department: See attached letter dated 11-20-95 from Doug Dailey. Page -2- Whitehall Business Park MDP February 8, 1996 Sanitation Authority: First review - no comment; approved. Fire Marshal: See attached letter dated 11/28/95 from Douglas Kiracofe. County Engineer: See attached letter dated 11-21-95 from Harvey Strawsnyder, Jr. Winchester Regional Airport: See attached sheet received 2-1-96 from Granville Amos, reviewed 12-1-95. Planning & Zoning: A) Project Scope: The Whitehall Business Park master development plan is comprised of 14 parcels zoned B-3, Industrial Transition and 3 parcels zoned M-1, Light Industrial. The proposed master development plan calls for the development of this park within two phases. The first phase will accommodate the needs of Flying J Inc., which will consolidate 12 of the 14 parcels zoned B-3. The Flying J Inc. proposal calls for the construction of a sewer treatment plant, a water storage tank and a well house to supplement the tank capacity. The second phase will be developed on a lot by lot basis as future investments are realized. These lots are proposed to be developed with individual wells and drain fields. A 60' right-of-way with a 24' paved road is proposed to provide access to all lots within phase two. Improvements to Rest Church Road (Route 669) are also proposed as a part of this project. B) Project History: The Board of Supervisors approved a rezoning application for Lots 1-8 on December 12, 1990. This application called for the rezoning of approximately 48.5 acres from RA, Rural Areas to B-3, Industrial Transition and M-1, Light Industrial. The rezoning was approved with proffers which are specified on the proposed master development plan. Page -3- Whitehall Business Park MDP February 8, 1996 The Board of Supervisors approved a rezoning application for several small lots that adjoin the Whitehall Business Park property on October 11, 1995. This application called for the rezoning of approximately 3.5 acres from RA, Rural Areas to B-3, Industrial Transition. This rezoning was approved with a proffer which calls for a monetary donation to the Clearbrook Fire & Rescue Department. These small lots have been incorporated into the proposed master development plan for the purpose of providing sufficient road frontage along Rest Church Road for the Whitehall Business Park. The applicant held an informal discussion with the Planning Commission on November 15, 1995 to determine potential concerns with the preliminary master development plan design. The Planning Commission expressed concerns regarding the need to improve Rest Church Road to accommodate the significant amount of traffic that will be generated by this site and the ability of the proposed access road to adequately handle tractor -truck traffic if an inter parcel connector was provided from the Flying J Inc. project. The Planning Commission also expressed concerns regarding the increased flows into Duncan Run from the proposed sewer treatment plant and the significant amount of impervious areas that would be developed in the future. C) General Comments: 1) Approximately 420' of the proposed access road traverses the Duncan Run floodplain. Section 165-31B(1) of the Zoning Ordinance gives the Planning Commission the authority to allow small disturbances to the floodplain area for the purpose of road construction. Staff estimates the disturbance to be slightly less than '/z acre based on this proposal. 2) The primary use of parcel 33-A-88, owned by David and Brenda Gray, is residential. Section 165-37D(4) of the Zoning Ordinance requires the separation of these uses by a "C Category Buffer". This buffer needs to be provided along the rear property boundary line of Lot 8 in the Whitehall Business Park. 3) The first proffer condition requires the creation of ponds on the north and south end of the Whitehall Business Park for the purpose of providing fire protection. This will be accomplished on the north end through the construction of the water storage tank and the well house. The pond that is proposed to be located on Lot 7 does not provide an easement with an all-weather surface for access to the pond, nor does it indicate the location of the well that will be required to provide a year-round water supply. Page -4- Whitehall Business Park MDP February 8, 1996 Staff Recommendation For February 21, 1996 Planning_ Commission Meeting_ Staff recommends approval of the proposed master development plan. The information provided for review of this plan is consistent with the requirements of the rezoning proffer. The overall concept and design of this proposed master development plan is consistent with the requirements of Article XVII, Master Development Plan. Staff asks that the Planning Commission ensure that all review agency comments are adequately addressed prior to final approval of this plan. Staff believes that the Planning Commission should consider the following issues during consideration of this plan.- Consideration lan: Consideration should be given to the proposed 60' private access easement. The VDOT has stated that this should be dedicated for the use as a public right-of-way. Section 144-24C of the Subdivision Ordinance requires all lots to abut and have direct access to a public street or right-of-way dedicated for maintenance by VDOT. * Proposed improvements to Rest Church Road (Route 669) should be considered. The proposed master development plan calls for improvements within an 80' right-of-way from the Interstate 81 Exit 323 off/on ramp which tapers off into proposed improvements within a 48' right -of way. Three issues worthy of consideration regard the ability to meet the VDOT requirements within this proposed area, the need to acquire necessary right-of-way on other properties and the ultimate design which will feed either four or five lanes into the two lane bridge crossing Interstate 81. * Consideration should be given regarding the proximity of the proposed storm water management area on Lot 2 to the existing sinkhole on Lot 3. Primary concerns regard potential discharge pollution and subsidence of the sinkhole. * Consideration should be given regarding the application and design status of the private sewer treatment plant with all appropriate agencies. DAVID R. GEHR COMMISSIONER COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION 14031 OLD VALLEY PIKE P.O. BOX 278 EDINBURG. 22824.0278 January 31, 1996 Mr. Merchant T. McDonald C/O Harris, Smariga U Associates, Inc. 41 East All Saints Street Frederick, MD 21701 Dear Merchant: WILLIAM H. BUSHMAN, P. E. RESIDENT ENGINEER TEL (540) 984-5600 FAX (540) 984-5607 Ref: White Hall Business Park/ Flying ] Travel Center Route 1-81/669 Frederick County, VA As requested, we have reviewed your preliminary master development plan dated November 17, 1995 for the referenced project. While we have no overall objections to your proposed access road layout and entrance configurations as shown on the master plan, this project will have a significant traffic impact on Route 669 and the adjacent 1-81 interchange area. Our comments are as follows: Access Roadway 1. The 60' access easement should be designated as a public right-of-way. 2. An adequate cul-de-sac should be provided at the end of the access roadway. 3. A standard commercial entrance should be provided off of the access roadway at the emergency access. If the Flying ] Corporation does not desire normal access through this entrance, then it could be gated. Route 661/1-81 Interchange 1. You have proposed to reconstruct Route 669 to a four lane section. This should be adequate to accommodate your development. However, we foresee a five lane urban section being ultimately needed; five 12' lanes (two thru lanes, two right turn lanes and one center left turn lane). The fifth lane or west bound right turn lane can be added at a later date when the need for it is justified. For design purposes the existing center line of Route 669 should be maintained as the proposed left turn lane center line. Additionally you will need to provide curb az gutter (VDOT Standard CG -6) with appropriate stormsewer system on the south side of the roadway. 2. Adequate right-of-way, whether on your property or adjacent properties, will need to be provided to accommodate the necessary roadway improvements. Acquisition of necessary right-of-way will be your responsibility. 3. Guardrail adjustment and pavement wedging may be necessary between the south bound on/off ramps and the 1-81 bridge to improve the west bound. approach and alignment to the Route 669 improvements. 4. A minimum 250'x12' right turn lane and 250' taper will need to be provided on the south bound off ramp to accommodate west bound traffic onto Route 669. 5. 100' pavement radii will need to be provided on the west sides of both south bound on/off ramps. 6. Based on the traffic data you have previously provided, signalization is not anticipated. However, further analysis should be performed to verify this conclusion. At the very least an agreement between the Department and your client to cover signalization of the south bound ramps for a period of five years after opening of the facility will be required. Please keep in mind our comments are limited to the information contained on this preliminary master plan. Before making any final comments this office will require a complete set of construction site plans, drainage calculations, and further traffic analysis for review. Upon submission of a site plan it should contain the above noted items. Thank you for the opportunity to comment on this proposal. If you have any questions or wish to discuss any of the above comments, please feel free to give me a call. Sincerely, William H. Bushman, P.E. Trans. Resident Engineer By: Robert B. Childress 'Trans. Permits u Subdivision Specialist Supervisor RBC/rf Enclosure xc: Mr.]. B. Diamond Mr. S. A. Melnikoff Mr. R. W. Watkins V ELL 1 `J i L is J Orr Lord Fairfax Health District 150 Commercial Street P. O. Box 2056 Winchester, Virginia 22604 (540) 722-3401 FAX (540) 722-3475 Counties of Clarke, Frederick Page, Shenandoah Warren; and City of Winchester November 20, 1995 Harris, Smariga & Associates, Inc. 41 East All Saints Street Frederick, Md. 21701 Re: White Hall Business Park, Preliminary Master Plan Comments To Whom It May Concern: A subdivision plat approved by Jim Webb on August 31, 1990 indicates approval of one drainfield site per lot for lots 1 through 8 in the subject subdivision. The site on Lot 1 was used for repair of a failing sewage disposal system serving an dwelling near Route 669 in April 1993. (Most of the old sewage disposal systems serving the properties near the road have failed in the past.) A construction permit for a sewage disposal system was issued for Lot 5 on June 14, 1993 for a maximum of 30 employees. Our records do not indicate that this system has been installed. No proposals or applications have been received for the remaining lots. Mater use for each site will be determined when applications for sewage disposal systems and wells are received and additional site evaluations are conducted. A specific application and proposal for a sewage disposal system for the proposed Travel Plaza should be submitted to the appropriate state agency as soon as possible. The water supply for the proposed establishment will probably be considered a public water supply which must meet all requirements of the Waterworks Regulations, including a dedicated well lot (surveyed and recorded). Please contact me with any questions. Sincerely, DouDaile g Y Frederick -Winchester Health Department DD/dd V1 GINIA HEALTHNT VDHOF Proal ing You and Your Enitornew COUNTY OF FREDERICK, VIRGINIA w � FIRE AND RESCUE DEPARTM'''VT 9 N. Loudoun Street, 2nd . ar _•'" Winchester, Virginia 2260 Thomas W. Owens — Douglas A. Kiracofe Director Fire Marshal November 28, 1995 Harris, Smariga and Associates, Inc. 41 East All Saints Street Frederick, Maryland 21701 Dear Sir, I have completed my review of the Master Development Plan, which you submitted for the White Hall Business Park. As you can see on the attached comment sheet, I am recommending approval of the plan. There are however, some issues that I will address in more detail on the Site Plan, when it is sent to our office for review. One such issue has to do with the identification and design of a Hazardous Materials Recovery and Abatement area. This is an area that a truck hauling hazardous materials could go to in the event they discover a leak after stopping. I've had some conversation with the owners of Flying J regarding this issue. Fire Lanes will be necessary on the site plan to ensure immediate access to all structures on the site, and other potential problem areas. Fire safety issues concerning the above ground storage of Propane will also be addressed on the Site Plan. In the Re -Zoning proffer agreement, dated November 21, 1990, the owners of the Business Park proffered two water storage ponds, with wells for ensuring a year round water level. One of these is to be constructed prior to obtaining an occupancy permit for the first occupant. Representatives of Flying J have indicated that they are planning to fully sprinkler this facility. This will require the storage of sufficient water to supply such a sprinkler system. At this time in the planning processes, I'm not sure whether an outside pond or a tank is being planned for this purpose, but I believe either will satisfy the intent of the afore mentioned proffer requirement. Please try to have this issue clarified and shown on the Site Plan submittal to expedite this project. In addition to the sprinkler protection, dry hydrants should be planned for to make Fire Dept. operations more efficient on this site. Also, please include the following on your General Construction Notes, on the Site Plan. " The burning of land clearing debris on site is allowed after receiving a burning permit from the Fire Marshal's Office. The burning of construction debris and scraps, on site, is prohibited." DIRECTOR - (703) 665-5618 FIRE MARSHAL - (703) 665-6350 FAX - (703) 678-0682 Harris, Smariga and Associates, Inc. page 2 Should you have any questions regarding this review, please do not hesitate to call me. Sincerely, Douglas A. Kiracofe Fire Marshal cc: Evan Wyatt, Planner David Whitacre, Chief Co. 13 file COUNTY of FREDERICK Public Works Depat nt Harvey E. Strawsnyder, Jr., P.E. Director 703/665-5643 Fax: 703/678-0682 November 21, 1995 Harris, Smariga & Associates, Inc. 41 East All Saints Street Frederick, Maryland 21201 RE: Master Development Plan for the White Hall Business Park Frederick County, Virginia Gentleman: We have reviewed the Preliminary Master Development proposed for the White Hall Business Park and offer the following comments: 1. The proposed 24 foot wide access road shall be appropriately named. Also, provide a typical pavement section. The Virginia Department of Transportation will require a cul-de-sac at the end of the road. Temporary cul-de-sacs will be required as each lot is developed. These should be shown on the approved subdivision plans. 2. Stormwater management ponds shall not be located within areas of known sinkholes without providing an engineered design to prevent subsidence or groundwater pollution. It appears that the area designated on Lot 2 as a stormwater management area and wet pond is very close to a sinkhole. In all probability, the stormwater ponds will require the addition of a liner to provide permanent retention. Refer to note number 4 signed by the property owner. It appears that the term detention should be changed to read retention which implies a wet pond. 3. It appears that a majority of Lot 3 is located within the 100 year flood plain. We will not approve construction of structures within the 100 year flood plain. Therefore, consideration should be given to designating this lot as open space or for use as stormwater management. Note ill may address this problem. 107 North Kent Street Winchester, Virginia 22601 White Hall Business Park Page 2 November 21, 1995 4. The promulgation of wetlands shall be appropriately addressed through the Department of Environmental Quality and The U.S. Army Corps of Engineers. Correspondence from these agencies should be submitted with the site plan documents for the Flying "J" Travel Plaza. Please contact the undersigned if you have any questions regarding the above comments. Sincerely, Harvey E. rawsnyder, Jr., P.E. Director of Public Works HES:mlh cc: file WINCHESTER REGIONAL AIRPORT 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22602 (703) 662-2422 Please consider the following comments when reviewing this Request for Master Development Plan: The Developer should be familiar with and be required to comply with the provisions of the Frederick County Code, Article XIII, AP1 Airport District, to ensure the complete safety of the Winchester Regional Airport. Airspace and navigational aids within the Airport District may limit the height and use type of the development. The Developer should also be familiar with the following codes: Title 15.2 Code of Virginia, Section 491.02 (Airport Safety Zoning). Title 5.1 Code of Virginia, (Permits Required for Erection of Certain Structures). Received from Granville Amos, Airport Exec. Director Reviewed 12-1-95 s Frederick County, VirSinia Master Development Plan Application Package APPLICATION MASTER DEVELOPMENT PLAN .17ate application received" Application Complete ;:Date of acceptancef - t7 Incomplete: Date of return. 1. Project -Title : Wif,116- .)+fit -L 6LI1.,inIe s pkL- , 2. Owner's Name: %l/4iN(�ctJ -710 5 P39,AD [hoc 1K S EE117 (Please list the names of all owners or parties in interest) 3. Applicant : F:LY) 4 C J- A ddress: -Address: S� W E51 01c)Q S4 014 �,2tG l-l�m G1-�'y . LCT►)+ �¢3e L Phone Number: 50L-734- 6q"7g- 4. Design Company: _RAW5 .SMAD6-A"K]{SSucOr�S ' -pat— Address: -,I-1 EAS—i ALL S,41�1T5 Fk 7ZIc1< . m D 21 -7o _ Phone Number Contact Name: T, tV)�t11� i /Vl-ne/k�-n Pale 1 1 ierick County, Virginia Master Development Plan Application Package APPLICATION cont'd MASTER DEVELOPMENT PLAN 5. Location of Property: 50um9Ek�i QuArt�T- OP I t4 r-"_ OF �L- b i A>Jr) \/A - 6. /Q 6. Total Acreage: 5z '0 4 7. Property Information: TMP 33 A)) 3 -Io a) Property Identification Number (PIN): -nilP 3;5 LC 1» V I t t -4u b) Current Zoning: M-1 # F3 ---j C) Present Use: 9WE =,t ---,LE LA Q d) 'Proposed Uses: Ru1S1 ray P�>zK e) Adjoining Property information: Property Identification Numbers Property Uses North 7rMP z5-(t4i Q��IIrLn South ifY1P 33 tiA i VA-c;},.tr East �- i hl rc�u1-Y1,7 West JrfMP 5-7;1C U f) Magisterial District: 5Tb 141X_ wUALL_ 8. Is this an original or amended Master Development Plan? Original X Amended I have read the material included in this package and understand what is required by the Frederick County Department of Planning and Development. I also understand that the master „ development plan sliall include all contiguous land under single or common ownership_ All required material will be complete prior to the submission of my master development plan. application. Signature: �� c Date: Pale 12 A . s .r_ 9 ma,A eL a 33 — A —9 ! A- to --3 3 — A — 9Z pM a0ko vi --33 — A — 9 (a A No , hii-G' —3S —Ar 77- 7' (Z� (mess 3 3 — A — lot A - Reim Q,rs 3 3 —A —w 13- — :5-6 A _ I � o � � III(-, C0Y'mct � �� a�Gw-� 3 3— A 1 O 1 D• hnc Co r mac 33—A -too • 3 3— A— -O% • b e �.�,,,� e ,,., awA L e _3 3 - $' is , I�G��'� '� _ 3 _ �, , 33 —A - 1a• �f H�iln _ Z — A — ri COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/678-0682 MEMORANDUM TO: Frederick County Planning Commission FROM: Evan A. Wyatt, Planner H kN RE: 1996 Primary Road Improvement Plan DATE: February 7, 1996 Each year, the Board of Supervisors adopt an official plan to prioritize primary road improvements within Frederick County. This plan is presented during the annual preallocation hearing for the Staunton District. This hearing allows localities to inform VDOT officials of their various needs for primary road improvements. The Commonwealth Transportation Board considers this information and allocates funding to each district to complete preliminary engineering, right-of-way acquisition, and construction of approved projects. Currently, funding has been allocated to complete the four lane improvements to Front Royal Pike (Route 522 South) and various improvements and realignments in the Route 37/Martinsburg Pike (Route 11 North) area. The Frederick County Transportation Committee considered the proposed 1996 Prima , Road Improvement Plan for Frederick County Virginia, on February 6, 1996. The Transportation Committee discussed the proposed priorities and recommended unanimous approval. The Transportation Committee also endorsed the need to continue the funding necessary to improve the Route 37/Martinsburg Pike area and to initiate the funding necessary to improve safety at the North Frederick Pike (Route 522)/Bloomery Pike intersection area. The Transportation Committee directed staff to forward this plan to the Planning Commission and Board of Supervisors for final disposition. There was no public comment regarding this plan. The proposed 1996 Primary Road Improvement Plan for Frederick County Virginia, maintains the same priority for improvements that were presented to the Commonwealth Transportation Board in 1995. The Frederick County Board of Supervisors has endorsed the proposed Route 37 Eastern By- pass Alternative C. This alternative has been forwarded to the Commonwealth Transportation Board for final disposition. It is anticipated that a decision will be made on Route 37 during this fiscal year. Therefore, it is important to ensure that this project appears as the highest priority for Frederick County. Frederick County will request that the Commonwealth Transportation Board approve the Route 37 extension to finalize the location and begin right-of-way acquisition. This will secure the necessary right-of-way throughout the Urban Development Area and will minimize negative impacts to property owners when construction is warranted. 107 North Kent Street • Winchester, Virginia 22601-5000 1996 Primary Road Plan Memo February 7, 1996 Page -2- The remaining improvements include Fairfax Pike, Valley Pike, Martinsburg Pike and Interstate 81. County and City staff continue to work with VDOT representatives regarding the need for new interchanges and bridge crossings at strategic points along Interstate 81 when the six lane improvements commence. Staff will also be working with representatives of the Lord Fairfax Planning District Commission to determine appropriate locations for commuter park and ride lots. Included with this agenda item is the proposed 1996 Primary Road Improvement Plan for Frederick County, Virginia. Staff will provide a graphic display during the meeting which represents the proposed improvements. Staff asks that the Planning Commission consider this information and provide a recommendation that will be forwarded to the Board of Supervisors. 1996 PRIMARY ROAD IMPROVEMENT PLAN 1) Route 37 Eastern By-pass Alternative C From: Route 37 North at Stephenson To: Route 37 South at Kernstown Plan, engineer, acquire necessary right-of-way, and construct a by-pass to provide future additional limited access arterial capacity east of Winchester. This is needed to accommodate planned land use and economic development in Eastern Frederick County. This will include long term solutions to interchange areas at 1-81 /11 North/37/661 and I-81111 South/37/642. 2) Route 277 (East of Stephens City) From: I-81/277/647 Intersection (South of Winchester) To: Route 340/522 South Intersection (East of Double Toll Gate) Improve the existing two lane road facility by widening and straightening immediately. Conduct detailed studies to determine future needs for four lane improvements and improvements to the 1- 81/11 South/277/647 intersection area. 3) Route 11 (North and South of Winchester) A. Valley Pike (Route 11 South) From: Middle Road To: 37 Interchange Widen and improve to five lanes B. Martinsburg Pike (Route 11 North) From: Winchester City Limits To: 37 Intersection Widen and improve as necessary. Page -2- 1996 Primary Road Improvement Plan 4) I-81 (East of Winchester) From: Whitehall Interchange To: Middletown Interchange A MOT study is being conducted to determine the need for improvements on Interstate 81. This includes the need for six lanes and interchange improvements. These improvements will occur throughout Frederick County if necessary. 5) Commuter Park and Ride Lots Conduct studies and utilize existing information from the Lord Fairfax Planning District Commission to determine the location of needed facilities. COUNTY of FREDERICK Department of Planning and Development MEMORANDUM540/ 665-5651 FAX: 540/678-0682 TO: Frederick County Planning Commission FROM: Evan A. Wyatt, Planner II RE: Vested Rights Policy Statement DATE: February 8, 1996 The Development Review and Regulations Subcommittee has been asked to consider development issues and opportunities where vested rights may be claimed. Generally speaking, a vested right allows a landowner to proceed with a development proposal which is not permitted by existing regulations. When a governing body allows a developer to proceed with a project in which vested rights is a factor, the governing body has permitted a design concept that is legally nonconforming. If a governing body denies a developer to claim a vested right, the issue then becomes whether there has been a taking of private property without due process of law. It would be beneficial for Frederick County to determine specific situations in which vested rights may or may not be declared. These specific situations could then be drafted into a Vested Rights Policy Statement for Frederick County. This would provide Frederick County with a Board of Supervisors endorsed policy statement regarding vested rights. This would provide guidance to staff when inquiries are made regarding this issue. It should be noted that a policy statement is not an ordinance or an ordinance amendment. It is simply a statement of how Frederick "County operates in relation to a specific issue. The DRRS has prepared a preliminary draft of this policy statement which was refined during their regular meeting in January. Staff has been directed to present this information to the Planning Commission informally. Staff will consider all continents which will be utilized to prepare a final draft policy statement. This final policy statement will be presented to the Planning Commission and Board of Supervisors following review by the County Attorney. 107 North Kent Street • Winchester, Virginia 22601-5000 VESTED RIGHTS POLICY STATEMENT FOR FREDERICK COUNTY, VA The information set forth in this document is intended to define the requirements of the Code of Frederick County that maintain a vested right when provided on a legally approved development plan, or a legally approved and recorded plat. It is envisioned that these requirements be vested perpetually unless future legislative actions at the State or Federal levels mandate otherwise. 1) Master Development_ Plans: a) Overall land use plans shall be vested when depicted on an approved master development plan. b) Proposed residential densities, the type of residential dwelling, the number of residential dwellings within various development phases, and commercial or industrial floor to area ratios (FAR) shall be vested if the appropriate terminology and numeric information is clearly depicted on an approved master development plan. c) Proposed widths for required buffers shall be vested if the appropriate terminology and numeric information is clearly depicted on an approved master development plan. However, requirements for screening shall be required as mandated by the current ordinance. d) Percentages or acreage of required common open space and recreational areas shall be vested if the appropriate terminology and numeric information is clearly depicted on an approved master development plan. e) The number of recreational areas designated on an approved master development plan shall be vested. However, required recreational amenities and installation specifications shall be mandated by current ordinance requirements. 2) Subdivision Design Plans: a) The use of each parcel and the number of lots in each use shall be vested when depicted on an approved subdivision plan. b) The location and acreage of each parcel of land dedicated for common open space or for public use shall be vested if the appropriate terminology and numeric information is clearly depicted on the approved subdivision design plan. c) The location and width of all road right-of-ways provided on an approved subdivision plan shall be vested provided that the road classification and numeric information is clearly depicted. 3) Subdivision Plats: a) The location of setback lines shall be vested if the appropriate terminology and numeric information is clearly depicted on a subdivision plat that is legally approved and recorded. b) The location and design of proposed buffers and screening shall be vested if the appropriate terminology and numeric information is clearly depicted on a subdivision plat that is legally approved and recorded. c) The location and acreage of each parcel of land dedicated for common open space or for public use shall be vested if it is consistent with the approved subdivision plan, and if the appropriate terminology and numeric information is clearly depicted on a subdivision plat that is legally approved an recorded. d) The location and width of all road right-of-ways shall be vested if the information is consistent with the approved subdivision plan, and if the appropriate road classification and numeric information is clearly depicted on a subdivision plat that is legally approved and recorded. e) The allowable density which results from future subdivisions of a parent tract shall be vested if the appropriate terminology and numeric information is clearly depicted on a subdivision plat that is legally approved and recorded. 4) Site Development Plans: a) All requirements provided on an approved site development plan shall be valid for five years from the official approval date of the plan. The requirements provided on an approved site development plan shall only be vested if building permits have been issued prior to the date of site plan expiration. b) Site plans shall be allowed to be approved for phased development. In the event that outstanding phases are not developed when the expiration date of a site development plan is realized, all requirements associated with the individual phases shall only be vested if building permits have been issued for the individual phases by Frederick County. c) Site development plans that have been submitted for review but have not received official approval from Frederick County shall not be vested from new design requirements or from new performance standards.