PC 01-03-96 Meeting AgendaAGENDA
FREDERICK COUNTY PLANNING COMMISSION
The Old Frederick County Courthouse
Winchester, Virginia
JANUARY 3, 1996
7:00 P.M. CALL TO ORDER TAB
1) Election of Officers ................................................. A
2) Meeting Minutes of November 15, 1995 ................................. B
3) Bimonthly Report/Activity Report ...................................... C
4) Subdivision Application #014-95 of HFG Partnership to subdivide 10.031 acres into
two lots. This will create a lot of 7.308 acres of M1 land and a lot of 2.692 acres of
B2 zoned land. This property is located off of Route 11 South on Sulky Drive and is
identified with PIN 75 -A -11B in the Back Creek District.
(Mr. Miller)...................................................... D
PUBLIC HEARINGS
5) Conditional Use Permit Application #013-95 of The National Humane Education
Society for a change in use and an addition to a existing kennel. This property is
located on the North side of Walters Mill Road (Rt. 836) in Stephenson and is
identified with PIN 44-A-100 in the Stonewall District.
(Mr. Miller) ...................................................... E
6) The ISTEA Enhancement Program for Frederick County. This project will assist with
the acquisition of the Third Battle of Winchester site. This acquisition will secure one
of the key sites of the historic Opequon Battlefield and will initiate Phase II of the
Civil War Battlefield Tour Network Plan for Frederick County and the City of
Winchester. This project is designed to enhance marketing, promote tourism, and
provide signage systems for Civil War sites within Frederick County and the City of
Winchester, as well as throughout the Commonwealth.
(Mr. Wyatt) ...................................................... F
2
7) The 1996 Update of the Frederick County Comprehensive Policy Plan. This update
consists of replacing statistical information on topics such as population and
employment figures, building permits issued, and school enrollment with the most
recent data. Current information on the status of various facilities and services has
been added along with information on the battlefield preservation efforts and land use
policies for the Round Hill Community.
(Mr. Tierney) ..................................................... G
PUBLIC MEETING
8) Master Development Plan # 005-95 of Dr. Raymond Fish for business use on 20.93
acres zoned B2 and B3. This property is located on the east side of I-81 and the south
side of Hopewell Road and is identified with PINS 33-A-164 and 33 -A -164C in the
Stonewall District.
(Mr. Wyatt) ...................................................... H
OTHER
9) Informal Discussion Regarding Building Location Surveys
(Mr. Wyatt) ...................................................... I
10) Discussion of a Sewer and Water Extension Request by the Virginia Department of
Transportation.
(Mr. Tierney) ..................................................... J
MEETING MINUTES
OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board Room of the Old Frederick County Court House in Winchester, Virginia on
November 15, 1995.
PRESENT- Planning Cammissionas present were- Charles S. DeHaven, Jr.,
Chairman/Stonewall District; John R. Marker, Vice Chairman/Back Creek
District; Robert A. Morris, Shawnee District; Richard C. Shickle, Gainesboro
District; John H. Light, Stonewall District; Richard C. Ours, Opequon District;
Terry Stone, Gainesboro District; Roger L. Thomas, Opequon District; George L.
Romine, Citizen at Large; Robert M. Sager, Board Liaison; Vincent DiBenedetto,
Winchester City Liaison; and Jay Cook, Legal Counsel.
ABSENT: Marjorie H. Copenhaver, Back Creek District; S. Blaine Wilson, Shawnee District.
Staff presentw Robert W. Watkins, Secretary and Planning Director; W. Wayne Miller, Zoning
Administrator; Evan A. Wyatt, Planner II; Mike Ruddy, Planner I; Kris C. Tierney, Deputy
Planning Director; and Renee' S. Arlotta, Minutes Recorder,
CALL TO ORDER
Chairman DeHaven called the meeting to order at 7:00 p.m.
MEETING MINUTES OF 10/04/9
Upon motion by Mr. Marker and seconded by Mr. Thomas, the minutes of October
4, 1995 were approved as presented.
2
BIMONTHLY REPORT
Chairman DeHaven accepted the Bimonthly Report for the Commission's
information.
COMMITTEE REPORTS
Comprehensive Plans & Programs Committee (CPPQ - 11/13/95 Mtg.
Mr. Tierney reported that the CPPC discussed the draft update to the
Comprehensive Plan, a large portion of which will consist of the Round Hill Plan. Mr. Tierney
said that in general, those in attendance were satisfied with the update.
Battlefield Task Force (BTF)
Mr. Watkins said that there will be a public hearing on the Battlefield Network Plan
at the December 13 Board of Supervisors meeting.
Mr. Romine said the Commission is studying a number of programs, in particular,
the Industry Call Team. Mr. Romine said that this committee is made up of local businessmen
who call local industry on a regular basis to determine their needs.
Winchester City Planning Commission - 11/14/95 Work session
Mr. Shickle reported the following topics were discussed: 1) sign ordinance
revisions; 2) an ordinance revision to allow communication towers; 3) comprehensive rezoning
and density analysis; and 4) ISTEA projects.
3
BDIVI IONS:
Subdivision Application #013-95 of Valley Mill Subdivision to subdivide 17.20 acres for
a 21 lot single-family subdivision. This property is located on the north side of Valley
Mill Road (Rt. 659) and east of Greenwood Road (Rt. 656) and is identified with PIN 55-
A-176 in the Stonewall District.
Action - Approval with letter to County Engineer
Mr. Miller said that there was an approved master development plan (MDP) for
this proposed subdivision and the subdivision layout appears to conform to the MDP. Mr. Miller
said that the staff concurs with the County Engineer's comments regarding the need for detailed
site plans for Lots 3, 4, 13, 14, 16, 17, 20, and 21. He said that the staff also concurs with the
County Engineer about the practicality of Lot 21 as a building site, given the slopes involved and
the drainage easement which bisects the lot. Mr. Miller said that there is also concern about the
storm water management and drainage plan for this particular development and bonding would
certainly be required.
Mr. Miller said that the County Engineer has outlined the problems that he feels
are associated with this site and has recommended actions to take care of those problems.
Mr. Stephen M. Gyurisin, with G. W. Clifford & Associates, Inc. the consulting
engineers for this project, said that their intentions are to meet the County Engineer's
requirements. Mr. Gyurisin felt the lots were large enough (29,000-30,000 sq. ft.) to
accommodate a typical home plus any drainage features.
Several of the Commission members said that it was difficult to follow drainage
easements and other features on the 11 -page plat provided. They felt it would have been more
helpful to have everything shown on a single sheet and presented to the Commission in that form.
Commission members were concerned about the potential for drainage problems on this site
because of the numerous hills, ravines, and water crossings. Concern was expressed for the
protection of future lot owners. It was suggested that a memorandum be sent to the County
Engineer stating the Commission's concerns about future drainage problems and requesting that
the County Engineer proceed with utmost care before issuing building permits.
4
Upon motion made by Mr. Light and seconded by Mr. Thomas,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
approve the Valley Mill Subdivision Application #{013-95 with a memorandum to the County
Engineer expressing the Commission's concerns regarding the potential for future drainage
problems on this site due to topography and that protection of future lot owners was critical.
Mr. Tierney presented the Land Use Plan for the Round Hill Community which
was prepared and recommended for approval by the Comprehensive Plans and Programs
Committee. Mr. Tierney gave a brief history of the development of the plan to this point and
discussed the following highlights of the plan with the Commission: 1) the plan provides for the
extension of public facilities, primarily sewer; 2) the plan strives to preserve the rural character
of the area; 3) the plan addresses the local residents' concerns about rampant residential
development as a result of sewer extension; 4) the plan allows for controlled commercial
development, primarily along the Rt. 50 corridor and around the Rt. 37 interchange; 5) the land
use regulations are tailored specifically for the Round Hill Area; 6) the plan involves a three -
phased approach to development; and 7) the plan provides for a system of collector roads and
discourages direct frontage on Rt. 50. Mr. Tierney next described each of the three phases
proposed.
Mr. Tierney said that the Committee recognized the potential for Phase I and II to
be commercially developed to such an extreme that sewer capacity could be outstripped before it
is provided to the residences who need it; and therefore, a policy statement was included that
would earmark an appropriate capacity for local residences.
Mr. Romine said that the area along the railway would be a very desirable location
for all kinds of industrial development. He felt the establishment of industrial sites here would
expedite the acquisition of water and sewer to this location.
Mr. Tierney responded that the interchange is obviously more viable in terms of
commercial development and perhaps some light industrial, however, the plan would try to avoid
heavy manufacturing here because it could potentially be disruptive to the community.
The Commission felt that all future development along the corridor needed to
5
address the sewer and water issue in some form. They felt that the eastern phases of the project
needed to contribute in some way to the extension of the main so that capacity was not used up
before the line was extended to the core area. Some Commissioners suggested this could be done
by proffers or contributing to a general fund. It was hoped that as this area developed, the
development coming in would help to defray the cost of the extension so the cost would not be
so exorbitant for the existing homeowners who need the service. A concern was also raised about
the impact of drawing an additional one million gallons per day of water from the County's
reservoir.
Informal Discussion Regarding the White Hall Business Park Master Development Plan.
This property is located on the south side of Rest Church Road (Rt. 669), adjacent to I-81,
in the Stonewall District and comprises approximately 50 acres.
No Action
Mr. T. Merchant McDonald, P.E., of Harris, Smariga & Associates, Inc. came
forward to discuss informally issues associated with a new master development plan for the
Whitehall Business Park. The master development plan was required as part of the rezoning
proffer associated with the property and Mr. McDonald was interested in receiving input from the
Planning Commission that would assist him in plan preparation for formal review.
Mr. Craig Call, representing the Flying J Travel Plaza, was also available to
answer questions from the Commission.
Commissioners discussed the flow of traffic and the layout of the site with Mr.
McDonald and Mr. Call. The Commissioners were concerned about the adequacy of the access
roads for truck traffic. They were also interested in the impact of increased water flows to
Duncan's Run.
OTHER
Chairman DeHaven said that the staff has requested assistance from the
Commission in program planning for the Commission's February retreat. Chairman DeHaven
asked for volunteers to assist in the planning. Mr. Morris, Mr. Romine, Mr. Stone, and Mr.
31
Light volunteered to assist.
INTRODUCTION OF MICHAEL T RUDDY, PLANNER I
Mr. Watkins introduced Michael T. Ruddy, the Planning Department's newly hired
Planner I. Mr. Watkins said that Mr. Ruddy has been working part time for both the City of
Winchester and the Lord Fairfax Planning District Commission and the Planning Staff feels
fortunate to have him as an addition to the staff.
ADJOURNMENT
There being no further business to discuss, Chairman DeHaven adjourned the
meeting at 8:25 p.m.
Respectfully submitted,
Robert W. Watkins, Secretary
Charles S. DeHaven, Jr., Chairman
BIMONTHLY REPORT OF PENDING APPLICATIONS
(printed December 19, 1995)
REZONINGS:
Woodside Est. (REZ)
Opequou 36.4589 RA to RP
Acres
Location:
East 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:
01/10/96
James Carroll REZ)
Shawnee
2.81 acres
RP to B2
Location:
Custer. Ave./Pembridge Rd.
Submitted:
10/07/94
PC Review:
Tabled by PC: 11/02/94
Tabled at Applicant's request: 12/07/94, 03/01/95, 04/05/95,
04/19/95, 11/01/95; Tie vote on: 12/06/95
BOS Review:
01/10/96
MASTER DEVELOPMENT PLANS:
Dr. Raymond Fish (MDP)
Stonewall
Animal Hospital & Mobile Office
Sales on 20.93 acres B2 & B3
Location:
East side of I -S 1 and south side of Rt. 672
Submitted:
11/2/95
PC Review:
01/03/95
11 BOS Review:'
01/24/95
Fieldstone Hghts (MDP)
Stonewall
169 SF Det. Trad. Lots RP
Location:
South of Valley Mill Rd. Rt. 659
Submitted:
04/25/95
PC Review:
05/18/94 Tabled
07/06/94 Approved
BOS Review:
10/94 Approved
PendingAdmin. Approval:
LAwaitingcompletion of review agency requirements
Battlefield Partnership
MDP
Back Creek
16.3 Acres of B2 Property
Location:
South of Winchester, between Rts. 11 S and I-81
Submitted:
02/21/92
PC Review:
03/18/92 Approved
BOS Review:
04/08/92 Approved
Pending Admin. Approval: A
12/07/95
James R. Wilkins, III
MDP
Shawnee 76 Apartments & 86 T.H. (RP)
Location:
South side of Rt. 659
Submitted:
11/02/92
PC Review:
12/16/92 Tabled
02/17/93 Approved
BOS Review:
03/10/93 Tabled
04/14/93 Approved
Pending Admin. Approval:
Awaiting completion of review agency requirements
SUBDIVISIONS:
HFG Partnership SUB
Back Creek
2 B2 Lots; 10.031 Acres Total
Location:
Sulky Drive
Submitted:
11/06/92
PC Review:
01/03/96
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
PC Review:
11/15/95 - Approved
BOS Review:
Review not required --Has an approved MDP
Pending Admin. Approval:
Awaiting bonding, signed plats, & deed of dedication
11 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 NMP
Pending Admin. ApRK2val
Awaiting signed plats.
3
Fredericktowne Estates,
Sect. 10 & 11 SUB
Opequon
34 SF Detached Lots on 15.4738
Acres RP
Location:
East of Stephens City, north of Fredericktowne Estates,
Sections 8 & 9
Submitted:
09/07/95
PC Review:
10/04/95 - Approved under current design stds.
BOS Review:
Review not required --Has an approved MDP. On
10/11/95, applicant appealed PC decision. BOS granted.
Pending Admin. Approval JrA]waitingsigned
plats.
Star Fort, Sect. I (SUB)
Stonewall
21 SF lots on 7.5713 total acres
RP
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
Pendin Admin. Approval:
AwaitinE signed plats.
Maxwell T. Mandel, DVM
SUB)
Location:
Opequon 2 Lots from 0.803 Acres (B1)
Southeast corner of Rt. 277 & Highlander Rd.
Submitted:
07/28/95
PC Review:
09/06/95 - Approved
BOS Review:
09/13/95 - Approved
Pendin Admin. Approval:
Awaitin,g signed plats & entrance agreement.
RT&T Partnership (SUB) I
Back Creek 1 Lot - 29.6 Acres B2
Location:
Valley Pike Rt. 11 So.
Submitted:
05/17/95
PC Review:
06/07/95 Approved
BOS Review:
Review not required—has an approved MDP
11 Pending Admin. Approval:
I-Awaitingsubmission of signed plat & deed of dedication
Briarwood Estates SUB
Stonewall
20 SF Det. Trad. Lots (RP)
Location:
Greenwood Rd.
Submitted:
01/03/94
PC Review:
Review date pending atapplicant's request.
BOS Review:
Review not re wired --has an approved MDP
Abrams Point, Phase I Shawnee 230 SF Cluster & Urban Lots
SUB) 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 dedication, letter of credit, and signed
lat
Harry Stimpson (SUB)
O e won
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. ApRE2yal-_JLAwaiting
signed plat.
SITE PLANS:
Doerwaldt Dental Office
SP
Opequon Medical Office Addition on 0.44
acres of a 0.44 acre parcel B2
Location:
103 Highlander Rd., Stephens Cit
Submitted:
12/18/95
11 A roved:
Pending
henandoah Memorial Park
f Fred. Co. SP
Shawnee
Storage Bldg. on 0.437 acres of
an 32.662 acre site RA
ocation:
I
1270 Front Royal Pike
ubmitted:
12/08/95
roved:
Pending
Aerocenter Business Park,
Lot 4 (SP)
Shawnee
Warehouse on 4.8264 Acres (M1)
Location:
No. of intersection of Arbor Ct. & Victor Rd.
Submitted:
12/04/95
11 Approved
Pendin
Professional Mobile Home
Brokers, Inc. SP
Stonewall Mobile/Modular Home Sales on
2.7780 Acres B3
Location:
So. Side Rt, 7 East; southwest corner of Eckard Circle
Submitted:
12/05/95
Approved:
Pending
Mark J. Tenenbaum (SP)
11 Shawnee Metal/Electronics Fabrication
Shop on 0.849 Acres M1
Location:
Arbor Court; North of Blue Ridge Industries
Submitted:
11/17/95
Approved: ___jp
11/22195
Garber Ice Cream (SP)
Shawnee Proposed Freezer Addition on
0.14 acres B2
Location:
346 Front Royal Pike
Submitted:
11/20/95
Approved:
Pending
Horizon Development Co.
SP
Shawnee Parking Layout on 0.20 acres
B2
Location:
1090 Millwood Pike
Submitted:
10/27/95
Approved:
Pending
Regency Lakes, Sect. E SP Stonewall
95 units on 28.0 acres MH1
Location:
North of Regency Lakes Drive
Submitted:
10/27/95
Approved:
Pendin
Timber Ridge Adminis-
tration Bldg (SP)
Gainesboro
12,800 sf Admin. Bldg. on 2.8
acres (RA)
Location:
1463 New Hope Road, Cross Junction
Submitted:
10/06/95
A roved:
Pending
Rite Aid Pharmacy (SP)
Opequon
Rite Aid Pharmacy on 1.50 acres
B2
Location:
SE corner of intersection of Fairfax Pk (Rt. 277) & Double
Church Rd. Rt. 641
Submitted:
09/08/95
Approved:ILI�ending
Being held atapplicant's request.
Wheatlands Wastewater Opequon Treatment Facility on 5 Acres
Facility SP R5
Location: So. West of Double Tollgate; adj. & west of Rt. 522
Submitted: 09/12/89
Note: Being held atapplicant's request.
iFlex 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.
HCMF Development Corp.
(Van Gilder's Nursing
Home) (SP)
Stonewall
Addition on 1.6 Acres (RP)
Location:
1011 Pennsylvania Avenue
Submitted:
05/30/95
Approved:
UPending consolidation plat by owner.
Sherando High School SP
O e uon
Addition RA
Location:
Rt. 277
Submitted:
09/20/95
A roved:
Pending
Macedonia United (SP)
Methodist Church Addition
Shawnee
Church on 5+ Acres (RA)
Location:
1941 Macedonia Church Rd., White Post
Submitted:
07/31/95
11 Approved: 11
Pending
Amoco Convenience Center
SP
Gainesboro
Convenience Cntr. on 4.0 acres
of a 7.78 ac. site B2
Location:
Southeast corner of Rt. 522/694 intersection
Submitted:
08/17/95
Approved:
12/08/95
CONDITIONAL USE PERMITS:
Donald R. Merritt
Gainesboro
Re-establish Nonconforming Use
- Porta -potties for distribution
RA
Location:
558 Mar le Road
Submitted:
12/15/95
PC Review:
02/07/95
BOS Review:
02/28/95
The National Humane Edu-
cation Society CUP
Stonewall
Change of Use & Expansion of
Existing Kennel (RA)
Location:
North Side of Walters Mill Rd. Rt. 836
Submitted:
12/08/95
PC Review:
01/03/96
BOS Review:
01/24/96
Edward E. Sutphin (CUP)
Opequon
Cottage Occupation/ Small
Engine Repair RA
Location:
1179 Hudson Hollow Rd., Stephens Cit
Submitted:
11/09/95
PC Review:
12/06/95
BOS Review:
01/10/95
VARIANCES:
Professional Mobile Home
Brokers, Inc. VAR
Stonewall 85' distance buffer & screening
variance for model M.H. sales
Location:
South Side of Benyville Pk.
Submitted:
11/27/95
BZA Review:
Withdrawn
Frank G. Iddings (VAR)
Shawnee
4.7' front yard variance for
existing dwelling RP
Location:
113 Clearwater Court
Submitted:
11/01/95
BZA Review:
No violation of setback exists/Variance not required.
10
1E. PLANNING AND DEVELOPMENT - A ,TMTY REPORT #94 Nov. 16-30
1. Transportation
Evan Wyatt is working with Supervisor Smith, VDOT Officials, and citizens along
Front Royal Pike regarding the removal of the existing Royal Avenue (Route 777) entrance with
Front Royal Pike. The Fire Marshal and the Frederick County Schools Transportation Director are
being consulted as a part of this proposal.
Evan Wyatt worked with VDOT Officials and a resident of the Fox Lair subdivision
to resurface a portion of Gloucester Drive.
2. Battlefield Preservation
Bob Watkins attended a meeting of the Battlefield Committee of the Lord Fairfax
Planning District Commission. Strategies for the formation of a Battlefield Corporation were
discussed.
3. Plan Reviews Appmvals. and Site Ins ections
A site plan for the proposed addition to James Wood High School was approved.
Evan Wyatt reviewed the following site plans: A freezer addition for the Garber Ice
Cream facility located along Front Royal Pike; parking lot improvements and entrance relocations for
the Horizon Development Corporation site (Big Lots) located along Millwood Pike; revisions to the
Sherando High School addition site plan.
Evan also conducted a site inspection for the Church of Christ at Mountain View for
a new class room facility.
Wayne Miller approved two site plans during this period--J.I.C. and Butler Mfg.
4. Meeting
Bob Watkins and Evan Wyatt attended two meetings to discuss the connector roads
between Pleasant Valley Road, Airport Road, and Route 50. The second meeting was with local
government officials and land owners.
Bob Watkins met with Chuck Maddox of Clifford & Associates to discuss two
development projects.
Page 2
BOS Activity Report #94
November 16-30
Wayne Miller attended the regional meeting of the Virginia Association of Zoning
Officials in Harrisonburg on the 17th.
Wayne also met with Pat Brasher, Delco Development, and Tom Horne, Timberline,
Inc. to discuss requirements for construction of a recreational facility in the Delco Plaza area. -
Evan Wyatt had the following meetings with:
a) Matt Hott to continue work on the Sherando Bicycle Facility ISTEA Grant.
b) Tim Youmans to discuss the redesign of the proposed Dominion Knolls townhouse
development located at the intersection of Baker Lane and Fort Collier Road.
c) Tom Sullivan to review a request by Sacred Heart to waive screening requirements
against the School Board property associated with their proposed access
improvements.
5. Zoning_ Violations
Wayne Miller conducted three zoning violation inspections and used these inspections
to train a new planner in methods for this activity.
Wayne also appeared in Circuit Court to testify in a case involving a land dispute
between VDOT and a property owner in the 522 corridor.
6. Professional Development
Mike Ruddy attended a workshop on Market-based Mechanisms and Nutrient Trading
Schemes conducted by Virginia Tech in cooperation with the Virginia Department of Conservation
and Recreation. Market-based Mechanisms and Nutrient Trading is a primary component of the
Potomac Basin Tributary Nutrient Reduction Strategy.
Page 3
BOS Activity Report #94
November 16-30
7, Other
Evan Wyatt worked with June Wilmot to complete an industrial site selection package
for a potential business.
Evan also ran the County's Impact Model for a proposed rezoning along
Northwestern Pike in the Round Hill Community.
PC REVIEW: 12/16/95
SUBDIVISION APPLICATION ATION #014-9
HFG PARTNERSHIP
LOCATION- The directions to this property are as follows: Travel on Valley Avenue (Route
11 South), turn left onto Marathon Drive, and proceed until you intersect Sulky Drive. Turn right
on Sulky Drive and proceed to cul-de-sac where property is located.
MAGISTERIAL DISTRICT- Back Creek
PROPERTY IDN UMBER- 75-A-1113
PROPERTY ZONING & PRESENT USE- B2 (Business General); Land Use: Vacant
ADJOINING PROPERTY ZONING & USEw M1 (Light Industrial); Land Use: Vacant and
B2 (Business General).
SUBDIVISION SPECIFICSm Subdivision of a 10.031 acre tract that contains 7.308 acres of
M1 and 2.692 acres of B2 zoned land. This plat also adjusts the boundary of a divided B2 lot to
add .031 acres of adjoining B2 to this lot.
REVIEW AGENCY COMMENTSw
Department of Transportation- No objection to the subdivision of this property. The
section of street (Sulky Drive) which fronts the property is not currently in the State's
Secondary System. However, all entrance design and drainage features must meet VDOT
requirements, if the street is to be eligible for acceptance. A complete set of site plans will
be required for review prior to development.
Sanitation Authritj - Water and sewer lines are installed. Plats are ok.
Page 2
HFG Partnership
Subdivision #414-95
Fire Marshal: Recommend approval.
Inst2ections Dept: Future structures shall comply with the Virginia Uniform Statewide
Building Code and shall comment at the time of building site pian review.
City of Winchester: No comment.
Gamin En W=: Define the width of the drainage easement running from north to south
from the end of the cul-de-sac. A formal resubmittal will not be required. However, we
would appreciate a revised copy for our records.
Soil and Water Conservation: Site location indicated down slope drainage will be
adequately handled.
Planning and Zoning: There is an approved master plan for this property and this
proposed subdivision is in conformance with that plan.
STAFF RECOMMENDATION FOR 1/3/96 MTG: Approval as presented.
t
Date:
Applicant/Agent:
Address:
� 5�17 ee:-'
APPLICATION AND CHECKLIST
SUBDIVISION
FREDERICK COUNTY VIRGINIA
r- _
App4i ation % 1� 1 _ j_ Fee Paid ?.
11
./-C"
Phone:
Owners name:
Address:
Phone: 3 —� S77) �J
O '30x �5-20
Please list names of all owners, principals and /or majority
stockholders:
_ 'Z RECEIVE:.
Contact Person: s,(9 r C�j _, r •'F
Phone:
Name of Subdivision:
Number of Lots 2 Total Acreage
Property Location: n'/ec
(Give State Rt.), name, distance and direction from intersection)
Magisterial District
Property Identification Number (PIN)) �J �%OGf� 6100c%OC'CCGD�L?
8
Property zoning and present use:, 7-1 �S
Adjoining property zoning and use: Al -- R 2 -
Has
Has a Master Development Plan been submitted for this project?
Yes 1 _ No
If yes, has the final MDP been approved by the Board of
Supervisors?
Yes !/ No
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) Z, 5
Number and types of housing units in this development:
Number
Types
9
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No. 000162-8
GREENWAY, INC,
970 Baker Lam. VOnehaaler, VlrgWa 22603 540-662-4193ONK
?
RURVFYING - DFRIGNING - Pt ANNING
Location Map for PIN: 75-A-1113
Subdivision #014-05 - HFG Partnership
0�`o0t) ?
Q / G 'N` ? 0�
P/C Review Date: 1/03/96 j y J O
CONDITIONAL USE PERMIT #013-9
V" s
THE NATIONAL HUMANE EDUCATIONAL SOCIETY /��'f
CHANGE OF USE AND EXPANSION OF AN EXISTING KENNEL j,n5
i w'h
�V0A1 p
LOCATION: This property is located on the North side of Route 836 (Walters Mill Road),
Stephenson, Virginia.
MAGISTERIAL DISTRICT• Stonewall
PROPERTY ID NUMBER: 44-A-100
PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas); Land use - residential and
kennel.
ADJOINING PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) and EM
(Extracting Manufacturing); Land use -residential, agricultural, quarry.
PROPOSED USE: Change of use and expansion of an existing kennel.
REVIEW EVALUATIONS:
Virginia Department of Trans ortation: No objection to a conditional use permit for this
property. Should traffic patterns at this location change it will be necessary to upgrade your
existing entrance to meet our minimum commercial entrance design standards.
Inspections Department: Building shall comply with the Virginia Uniform Statewide
Building Code and Section 304 & 310, Use Group B (Business) of the BOCA National
Building Code/1993. Other codes that apply are titled 24 Code of Federal Regulation, Part
36 Nondiscrimination on the Basis of Disability by Public Accommodations and in
Commercial Facilities. A change of use permit shall be required, inspections performed, and
a new certificate to occupy shall be issued before the apartment can be occupied as a
residence. NOTE: BOCA Fire Separation requirements between B use and R3 use is 2 -
Hour. Existing Permit #1773-95 for construction of pet apartment does not show
completion of inspection at this time.
Page 2
National Humane Educational Society
CUP #013-95
Fire Marshall: See attached letter dated December 8, 1995, from Douglas Kiracofe, Fire
Marshal.
Health Department: See attached letter dated November 30, 1995, from Karl E. Evans,
Environmental Health Specialist.
Planning Department: There are currently two active conditional use permits on this
property, which is the location of Aberdeen Kennels, operated by Cheryl and Mark Anderson.
CUP #001-86 was amended and approved on October 24, 1990. This approval was for an
expansion of the kennel as presented in Site Plan #047-90. A CUP #012-94 for a veterinary
hospital/office was approved for this site on January 25, 1995. This was requested by Mark
Anderson and Dr. James Casey.
This application presented by The National Humane Education Society requests approval to
continue use of the kennel, but not as a commercial enterprise. The application also projects
the possible building of at least five additional buildings to house approximately 150 cats in
each building. The applicant refers to these as "catteries." The existing pasture and barn are
to be utilized for approximately 15 retired horses. The application further states that an
employee apartment would be finished in the upstairs portion of the kennel which currently
has been issued a building permit for animal apartments. The application states that 45 full or
part time employees are anticipated, and the currently permitted veterinary office will be
utilized by an in-house vet to take care of the animals.
Staff has no problem with the facilities continuing to be used as they are currently permitted
and not using the kennel as a commercial operation, but simply using it to house dogs on a
continuing basis. Utilization of the two houses, as housing for employees, would be an
authorized use. Converting the space above the kennel into one apartment for an employee
would be authorized. There is a problem with this conversion which would need to be
addressed. This space was converted into an unauthorized apartment and the conversion was
made without proper building permits. The building official has inspected the space, but
there would need to be many changes before a certificate of occupancy would be issued. One
of the main issues is that the walls were finished and there was no inspection of the
construction, wiring, and plumbing. These would all need to be exposed and other
modifications made prior to human occupancy.
The existing health permits could support the houses and the apartment plus some kennel
employees. The houses are on separate parcels and these have permitted health facilities.
Page 3
National Humane Educational Society
CUP #013-95
The kennel has an individual system that is permitted for eight employees working eight
hours each day. Any expansion of facilities beyond these figures will require additional health
permits to cover the proposed expansion. This issue must be addressed prior to any
expansion of facilities, or employing more than eight persons other than those living on
premise.
Staff believes that approval of a change of use for this facility to accommodate no more than
what is currently authorized is not a problem. The apartment can be authorized as an
accessory residence provided the necessary permits are received and a certificate of
occupancy can be issued for the facility. The houses can be occupied by employees and the
horses are an authorized use in the RA Zoning District. A site development plan should be
required for any expansion beyond the existing facilities. Employment of more than eight
persons other than those residing on the property will only be permitted once the proper
health permits are obtained and facilities installed that will accommodate those employees.
Construction of additional facilities requiring a site plan must also be authorized by the
Planning Commission.
STAFF RECOMMENDATION FOR 1/3/96 MTG: Approval with the following conditions:
1. Any expansion of facilities to accommodate the desired uses, other than conversion of the
apartment, will require a site plan with formal Planning Commission review and approval.
2. Number of employees will be limited to the number allowed by approved health systems.
3. Building permits shall be required for construction of the one apartment over the kennel and shall
not be occupied until a certificate of occupancy is issued.
4. The accessory residence (apartment) shall only be occupied by a full time employee.
5. Once this permit has been issued conversion back to a commercial use facility will require a new
conditional use permit.
Thomas W. Owens
Director
December 8, 1995
National Humane Education Society
Conditional Use Permit
Control No. 1208953008
COUNTY OF FREDERICK, VIRGINIA
FIRE AND RESCUE DEPARTMENT
9 N. Loudoun Street, 2nd Floor
Winchester, Virginia 22601
Douglas A. Kiracofe
Fire Marshal
This Conditional Permit is for an existing facility which conducts activities that are
similiar to those proposed by the applicant. The existing facility has had no adverse
effect on Fire and Rescue Dept. resources, and our responses to this site have been well
within expected parameters. In recommending approval of this application, I would
request the oppertunity to do an inspection, at the time of property transfer, for
compliance with all applicable sections of the Virginia State Fire Prevention Code.
At the time of this inspection, I can update our data entry for the site for dispatching
pruposes, and make recommendations about fire safety issues. Some of these issues have
been on-going discussions with the current owners, which I would like to continue with
the new administrators.
Douglas A. Kiracofe
Fir L�
J
DIRECTOR - (703) 665-5618 FIRE MARSHAL - (703) 665-6350 FAX - (703) 678-0682
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 30, 1995
RE: Request for comments
The Hat. Humane Edu. Soc.
TM # 44-A-100 b 100A
Frederick County Dept. of Planning and Dev.
P.O. Box 601
Winchester, VA 22601
Dear sirs:
The Humane Society complex as described on attachment 1 which was prepared by
Mr. Taylor must be served by approved water supplies and sewage disposal systems,
therefore the necessary requirements of the Virginia Well Regulations and the
Virginia Sewage Handling and Disposal Regulations must be met. Our office has
previously met on site with Mr. Taylor. At this point, their definite future
plans are still unclear, therefore I cannot give specific answers as to what
sewage and water systems may be needed for this property and even if any
expansions or new systems may be possible. The Virginia Sewage Handling and
Disposal Regulations do not cover animal waste, consequently our office has no
jurisdiction over animal waste. As of this date, this office has not received
any applications for site / soil evaluations for this property as far as any
possible expansions or addittions to the systems.
Our office has a very lengthy and often confusng file for this property. Seeing
that I cannot describe what is needed at this property, I will list the permits
and approvals which we do have on record for this property;
1. Permit * SD -85-523- this system serves the office staff at the kennel
structure. During a walk -over dated 11-10-94, it was determined that
this system was designed for a maximum use of 218 gallonsper ,day- ;;HFased on
our regulations, this system should support 8 employees:-�ork g 8 'ho3irs
each (calculated by 25 gallons per person per 8 employeehours
a �
operation permit for this system was issued on 8-6-92. cv 0% Q,i
c1RSCa twN 1
SSV
VDI
TO HEALTH
NT
page 2
11-30-95
TM # 44-A-100 b 100A
2. Permit # SD -85-522- this system serves one of the single family dwellings
on the property. The system is designed for a maximum use of 450 gallons
per day /3 bedrooms /maximum occupancy of 6 people. A operation permit for
this system was issued on 8-6-92.
3. Permit # SD -88-332- this system serves the other single family dwelling on
the property. This system is also designed for a maximum use of 450
gallons per day / 3 bedrooms /maximum occupancy of 6 people. A operation
permit for this system was issued on 8-10-89.
A surface walkover was completed for the 3 above listed systems on this date.
There was not any odors or system failures noted. This does not necessarily
indicate that the system is presently functioning properly or that it will
continue to function properly in the future.
Any proposed increases in water useage at this propety MUST be addressed by this
office. This can be initiated by submitting the appropriate application and fees
to the office support staff at this office. Considering the above statements,
if all requirements of the health department can be met, this office has no
objections.
Sincerely,
Karl E. Evans
Env. Health Spec. Senior
PC:
James D. Taylor, Development Officer
Submittal Deadline
P/C Meeting
BOS Meeting
APPLICATION FOR CONDITIONAL USE PERMIT
FREDERICK COUNTY, VIRGINIA
12/8/95
1/3/96 -
1/24/96
1• Applicant (The applicant if the owner X other)
NAME: The National Humane Education Society
ADDRESS: 521-A East Market Street, Leesburg, VA 22075
TELEPHONE 703-777-8319
2. Please list all owners, occupants, or parties in interest of
the property:
Mark and Cheryl Anderson, owners
The National Humane Education Society, purchasers
3. The property is located at: (please give exact directions and
include the route number of your road or street)
The north side of Rt. 836 (Walters Mill Rd.), Stephenson
4. The property has a road frontage of _ feet and a
depth of feet and consists of
(Please be exact) _ 34 acres.
5 • The property is owned by Mark and Cheryl Anderson
evidenced by deed from as
R++ccPl l Macci rlr recorded
in deed book no.(previous owner)
Q on page _- z_ 5 _, as recorded in the
records of the Clerk of the Circuit Court, County of
Frederick.
6.
14 -Digit Property Identification
Magisterial District Grnn,.TrlII
Current Zoning RA
7. .Adjoining Property:
VSy
North
East Agri rn l tt+r^ 1
South RPairianri^1
West
��i+arry
No- 440000A0001000 :_
ONZN c�
RF����G� r�
�---Sz �^NNr�t6 +1
RA tc� .• r
RAA
EM `.
8. The type of use proposed is (consult with the Planning Dept.
before completing) Plpa-se reamer to the attached explanation.
9• It is proposed that the following buildil1�� s wii11 be
constructed: Please refer Co the attached exp 11nat on.
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
William S.
Frey
Address
P.O.
Box 65, Clearbrook, VA
22624
Property ID# 44,0000A0000970
William S.
Frey
Address
P.O.
Box 65, Clearbrook, Va
22624
Property ID# 44000OA0000980
Robert Carter
Charles B. and Marie C.
Kelley
Address
827 Gun Club Road, Stephenson, Va 22656
Property ID# 45000OA0000080
Address 4119 Medical Dr., D-105, San Antonio TX 7822
Property ID# 44000OA0001010
Betty Lou
Bragg
Address
420 Old Charlestown Road, Stephenson VA 2265
Property ID# 44000OA0001030
Cheryl L.
Anderson
Address
P.O.
'� y 1/177'•
Box 220, Ste. enso t�aO2 56
Property ID# 45000OA090008C DEC1gg� vj�
`-� 'r !- ?ihVL' v
DEPT. OF .
AND DEVLi.
V
12. Additional comments, if any:
I (we), the undersigned, do hereby respectfully make application
and petition the governing body of Frederick County, Virginia to
allow the use described in this application. I understand that the
sign issued to me when this application is submitted must be placed
at the front property line at least seven (7) days prior to the
first public hearing and maintained so as to be visible until after
the Board of Supervisors' public hearing. Your application for a
Conditional Use Permit authorizes any member of the Frederick
County Planning Commission, Board of Supervisors or Planning and
Development Department to inspect your property where the proposed
use will be conducted.
Signature of Applicant
Signature of Owner
Owners' Mailing Address
By:
Owners' Telephone No. 540-667-8437
�3s '<"h
TO BE COMPLETED RY ZONING ADMINISTRATOR: 'L p��1995
rn
USE CODE.
j rr�
RENEWAL DATE:
Attachment One:
Application for conditional use permit:
The National Humane Education Society
The Society is a non-profit organization that was founded on
September 15, 1948. Quality of life and Humane Education are its
major focus, with an emphasis on responsible pet care and the
advantages of spaying and neutering dogs and cats. In addition to
its emphasis on education, the Society manages rescue and relief
programs to assist people who are having problems with their pets
and who may wish to adopt animals. The Society sponsors animal
health and animal care seminars for various groups, such as Girl
Scouts and Boy Scouts, mentally or physically handicapped children
and senior citizens. Off-site the Society works in conjunction
with retirement homes to offer therapy programs for residents who
may benefit from interaction with dogs and cats, and with local
veterinarians to provide low cost spay/neuter services to the
community.
The existing Aberdeen Kennel will be used in its present form
as a kennel. It will not be used, however, as a commercial
enterprise. No expansion of the building is planned and its
present capacity to house dogs and cats will remain the same. The
existing exterior dog runs will eventually be enclosed and some
interior renovation will occur. The addition of a bathroom(s) is
contemplated and the existing space, which is the subject of a
current building permit for "animal apartments", will be converted
to- -.-.an.-, employee apartment. The Society employs an in-house
veterinarian and will utilize the existing veterinarian space for
health exams and to otherwise tend to animals housed at the
facility. Landscaping and architecturally pleasing changes to the
facade of the building are also planned.
The existing office space will continue to be utilized for
this purpose and to coordinate adoptions. The existing pasture
area and barn will be utilized for approximately 15 retired
thoroughbreds and work horses. The two existing houses which
belong to the present owners of the Aberdeen Kennel will also be
acquired and will be utilized as employee housing.
Future expansion of the site will include the addition of no
more than five buildings (subject to appropriate architectural and
aesthetic considerations) to house cats called "catteries". These
buildings permit the separation of cats based on health or other
needs and to maintain appropriately sized cat communities which do
not exceed 150 cats each.
The facility and staffing needs may employ up_td'45�'full and
part-time employees. ivil��.
The overall plan is for a quality facility and Rnv. fiich! ,ill
reflect the pride of the Society, further its mission.:arid ��he
Winchester and Frederick County community. !:- �� �1.3._ -?
i
At
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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 II
RE: ISTEA Enhancement Program Projects
DATE: December 19, 1995
Included with this memorandum is a description of two ISTEA Enhancement Programs projects
for consideration by the Planning Commission. The first project pertains to the acquisition of
the Third Battle of Winchester site, while the second project pertains to local participation in a
multi jurisdictional enhancement application for Civil War sites. This application is designed
to enhance Civil War sites throughout the Commonwealth by providing interpretive signage and
heightening marketing efforts to promote tourism.
The acquisition of the Third Battle of Winchester site is the number one priority for Frederick
County for the 1996 ISTEA Enhancement Program. The multi jurisdictional. enhancement
program for Civil War sites does not require a priority designation by Frederick County, as it
is being submitted by the Metro Richmond Convention & Visitors Bureau. However, each
project requires support from the local governing bodies to qualify for ISTEA Enhancement
Programs. Staff asks that the Planning Commission consider each project and forward a
recommendation of support to the Board of Supervisors.
107 North Kent Street • Winchester, Virginia 22601-5000
THIRD BATTLE OF WINCHESTER ISTEA ENHANCEMENT PROGRAM
The Planning Department is preparing an ISTEA Enhancement Program application for the
acquisition of the Third Battle of Winchester site. This ISTEA application demonstrates a
public/private partnership effort that has been successful in securing ISTEA Enhancement grant
money for the Kernstown Battlefields. The approach to acquire the Third Battle of Winchester
site is slightly different in that the required 20% local match is provided through the efforts of
the Association for the Preservation of Civil War Sites, Inc. (APCWS) instead of through a local
government option. APCWS has made available $500,000 for the purchase price of the
battlefield, which will allow for an application of up to $2,000,000 in ISTEA Enhancement
Program funds. Frederick County and the APCWS will apply for the maximum amount of grant
money allowed and advise the state that we are willing to accept less than the full amount if
necessary.
The acquisition of the Third Battle of Winchester is consistent with the goals and strategies
delineated in the Battlefield Network Plan for Frederick County and Winchester. This plan was
recently adopted by the Frederick County Board of Supervisors and endorsed by various private
organizations, as well as by those at the local, state and federal level. Acquisition of the Third
Battle of Winchester site will secure a key portion of another core battlefield. The preservation
of a critical mass of battlefield sites is imperative in order to develop the Civil War battlefield
Tour Network. This acquisition, along with Cedar Creek and the Kemstown Battlefield sites
will provide the key sites for this network.
Included with this narrative is a copy of a letter from Robert K. Edmiston, Director of Real
Estate for APCWS, which provides financial data. Staff will provide visual displays during the
meeting that describe the Civil War Battlefield Tour Network and demonstrate the present threat
to the Opequon Battlefield, of which the Third Battle of Winchester site is a key component.
ASSOCIATION
FOR THE
PRESERVATION
OF CIVIL WAR
SITES, INC.
305 Charlotte Street
Fredericksburg,
Virginia 22401
(703) 371-1860
(703) 371-3489 FAX
Thomas W. Richards
Chairman .
James M. McPherson
Vice Chairman
Daniel J. Beattie
Secretary
David M. West
Treasurer
Dennis E. Frye
President
&rani of Trustees
John P. Ackerly III
John R. Bass
Frank A. Bracken
Christopher M. Calkins
Howard J. Coffin
Robert Dennis
Gary W. Gallagher
C. Hobson Goddin
A. Wilson Greene
Alton Kelley
Thomas A. Low
Robert J. Mrazek
Jody Powell
Gretchen Davis Stephens
Carrington Williams
R. Michael Yost
National Advi,,ory Board
Edwin C. Bearss
Sen. Dale Bumpers
Katie Couric
Richard Gilder
Alan E. Hoeweler
William D. Holschuh
Sen. James M. Jeffords
Robert K. Krick
lames I. Robertson, Jr.
Holly A. Robinson
J.E. B.Stwirt IV
Don Troiani
Ted Turnur
November 14, 1995
Mr. Robert W. Watkins
County of Frederick
Department of Planning and Development
P. O. Box 601
Winchester, VA 22604
RE: Third Winchester Battlefield
APCWS purchase/Caleb Heights
Dear Bob:
In response to your inquiry, outlined below is the structure of the purchase arrangement between
Top of Virginia Development Corporation, Inc. And the Association for the Preservation of Civil
War Sites, Inc. for the property formerly known as Caleb Heights.
Acreage
Purchase Price
222.0321 acres
$2,524,000
Down Payment $500,000
Assumption of Note (Jefferson Nad Bank) $1,087,500
Note to Top of Virginia $ 936,500
The note at Jefferson National Bank calls for principal payments of $50,000 per year (due
quarterly) with interest at local prime rate plus 1% (this is a balloon note). The note to Top of
Virginia calls for annual principal payments of $93,650 with interest at Jefferson National prime
rate plus 1%.
The Association for the Preservation of Civil War Sites is America's oldest land trust devoted
exclusively to the acquisition of real estate possessing significance to the Civil War. APCWS has
participated in the preservation of 36 sites in 11 states with a value in excess of $7.2 million.
APCWS is sincerely pleased to be partners with Winchester and Frederick County in the
preservation of the vital site at Third Winchester. This is a unique private/public cooperative
effort for preservation that will serve as a national model.
If you have any further questions, please don't hesitate to give me a call.
Sincerely,
ROBT K. EDMISTON
Director of Real Estate
"VIRGINIA'S CIVIL WAR TRAIL" ISTEA ENHANCEMENT PROGRAM
Frederick County and the City of Winchester have been encouraged to participate in the
statewide Virginia Civil War Trails ISTEA Enhancement Program. This program began three
years ago and currently includes 127 Civil War sites identified in fifty jurisdictions. This will
be the fourth ISTEA Enhancement Program submittal for this project, which is designed to assist
localities in the marketing of Civil War sites, as well as in obtaining interpretive signage systems
for these sites. This program requires a local match of $2,000 for each candidate site. It is
proposed that the following two sites be included:
Winchester Battlefield Sites
Cedar Creek Battlefield
An endorsement has been received from the Cedar Creek Foundation for this project which
includes their commitment to provide the required local contribution for Cedar Creek. Frederick
County and the City of Winchester will assume responsibility for the local commitment for the
Winchester Battlefield Sites. Included with this narrative is a copy of the sites throughout the
Valley Region that are proposed for the Virginia's Civil War Trail ISTEA Enhancement
Program.
VIRGINU'S CIVIL WAR TRAIL, - Valley Region
�ponsaruig Locality
Site
Proposed Source of Funding
ISTEA
Augusta County
McDowell's March
Valley Conservation Council
IV
Frederick County
Winchester Battlefields
Frederick County / Winchester
IV
Battle of Cedar Creek
Frederick County / Cedar Creek
IV
Battlefield Foundation
Front Royal
Battle of Front Royal
Town of Front Royal
IV
Highland County
McDowell Battlesite
III
Rockingham County
Port Republic / Cross
III
Keys
Shenandoah County
Battle of Cedar Creek
III
Battle of Fisher's Hill
Battle of Tom's Brook III
Battle of New Market III
Staunton Staunton Train Station City of Staunton IV
(perhaps others)
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAY: 540/678-0682
LMEMORANDUM
TO: Planning Commission Members
FROM: Kris C. Tierney, Deputy Planning Directo
RE: Draft 1996 Comprehensive Policy Plan
DATE: December 20, 1995
The Comprehensive Plans and Programs Committee and Staff have completed this year's update of
the Plan. As usual, much of the work consists of updating statistical information such as school
enrollment and population figures. We have also made minor editorial corrections where needed.
The most significant addition is the text relating to the Round Hill Land Use Plan and Battlefield
Network Plan.
If the Commission is comfortable with the text, a recommendation to the Board of Supervisors would
be appropriate.
A copy of the recommended update is enclosed.
Please let me know if there are any questions.
KCT/bah
Attachments
107 North Kent Street • Winchester, Virginia 22601-5000
PC REVIEW: 1/3/96
MASTER DEVELOPMENT PLAN 4005-95
DR. RAYMOND FISH
LOCATION: This property is located on the east side of Interstate 81 and the south side of (Route
672) Hopewell Road.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER: 33-A-164 and 33 -A -164C
PROPERTY ZONING & PRESENT USE: Zoned B2 (Business General) Land Use: Kingdom
Farm Animal Hospital and Vacant; B3 (Industrial Transition) Land Use: Mobile Office Sales.
ADJOINING PROPERTY ZONING & USE: Zoning: RA (Rural Area) and B2 (Business
General) Land Use: Agricultural, Residential and Commercial.
PROPOSED USE: Business
REVIEW EVALUATIONS:
Virginia Dent. of Trans ortation: See attached letter dated November 14, 1995, from
Robert B. Childress
S:anit;ation Authority: First review approved.
Inspections Department: Future buildings shall comply with Virginia Uniform Statewide
Building Code and 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. Shall comment further at the time of building
site plan review. Question about location of 100 year storm elevation of "Clearbrook" in
regards to future building Iocations.
Fire Marshal: Fire lanes will be addressed on individual site plans.
Health Department: See attached letter dated November 2, 1995 from Doug Dailey,
Page 2
Dr. Raymond Fish MDP #005-95
Environmental Health Specialist Senior
County Engineer: See attached letter dated November 27, 1995, from Harvey E.
Strawsnyder, Jr., P.E., Director of Public Works
Planning and Zoning_
Project History - The two properties that comprise the acreage of this application were rezoned
from A-2 (Agricultural General) District to B-2 (Business General) District in 1976. In 1990, a
portion of this property was rezoned from B-2 (Business General) District to B-3 (Industrial
Transition) District without proffers. Uses currently located on property 33 -A -164C include the
Kingdom Farm Animal Hospital, AA Mobile Market Sales, and a vacant building that formerly
housed Lemasters Boat Sales. Property 33-A-164 is vacant at this time.
Project Scope - The applicant proposes to improve the existing commercial site through the
construction of a road that will meet the Virginia Department of Transportation's Secondary Road
Standards, the installation of storm water management facilities, and the extension of public water
from Martinsburg Pike. Improvements that may be required by the Virginia Department of
Transportation include an upgrade of the existing commercial entrance, the provision of a right turn
lane off of Hopewell Road, and adjustments to the existing guardrail along the property.
Review Agency Concerns - The following review agency comments need to be adequately
addressed by the applicant prior to final approval of this Master Development Plan:
A) Health Department - The two existing drain fields that serve this property need to be evaluated
to determine if they are adequate sewage disposal systems. If this evaluation determines that the
systems are not adequate, an alternative sewage disposal system needs to be approved prior to final
approval of this plan.
B) County Engineer - A hydraulic analysis needs to be completed for this project to delineate the
floodplain area and to demonstrate how the 100 year storm will be managed. Once this analysis is
complete, the County Engineer will be able to determine if the proposed storm water management
area is sufficient, or if another area needs to be provided on the south side of Clearbrook Run.
C) Planning and Development - The proposed road traverses Clearbrook Run which may require the
disturbance of floodplain area. Section 165-31B(1) grants the Zoning Administrator the authority
to approve a plan that proposes to disturb small areas of floodplain with the approval of the Planning
Commission. Staff recommends that this approval be granted if the County Engineer determines that
Page 3
Dr. Raymond Fish MDP 9005-95
this disturbance will not create negative impacts following review of the hydraulic analysis.
The property is currently zoned commercial and adjoins properties whose primary use is residential
(including those that are across the Winchester & Western Railroad right-of-way). Section 165-
37D(3) and Section 165-37D(4) require buffers between commercial properties and properties that
are zoned RA (Rural Areas) District whose primary use is residential. A "B Category Buffer" -is
required along the property that is zoned B-2 (Business General) District, and a "C Category Buffer"
is required along the property that is zoned B-3 (Industrial Transition) District. This creates a unique
situation along the Dick and Richardson property, in that 230 feet of the 300 feet would require a "B
Category Buffer" while the remaining 70 feet would require a "C Category Buffer." The Planning
Commission may want to consider the allowance of a "B Category Buffer" along this entire property
to ensure that a uniform buffer is provided when this property is developed in the future.
Easements need to be obtained and legally recorded for the proposed eight inch water line which will
traverse Martinsburg Pike, the Brown property (Old Stone Restaurant), and the Winchester &
Western Railroad right-of-way. Copies of these recorded easements should be provided to stats for
inclusion in this project file.
Staff Recommendation for 1/3/96 Meetin • Approval provided that the applicant adequately
addresses all review agency comments and all comments and concerns of the Planning Commission
and Board of Supervisors.
COMMONWEALTH of VIRGINIA
DAVID R. GEHR
COMMISSIONER
Mr. H. B. Edens, President
Greenway, Inc.
970 Baker Lane
Winchester, VA 22603
Dear Bruce:
DEPARTMENT OF TRANSPORTATION
14031 OLD VALLEY PIKE
PO BOX 278
EDINBURG. 228240278
November 14, 1995
WILLIAM H. BUSHMAN, P. E.
RESIDENT ENGINEER
TEL 15401 98A-5cuui
FAX (5401 984-5607
Ref: Dr. Raymond Fish Property
Route 672
Frederick County
As requested, we have reviewed the referenced property's master development plan.
Overall we have no objections to the plan. However, our comments may be found
marked on the enclosed plan in red and as follows:
1. The existing commercial entrance serving the property will need to be upgraded to a
standard secondary street connection.
2. To accommodate the existing and possible uses for the property, an eastbound right
turn lane may be required at the entrance.
3. The existing guardrail along Route 672 will most likely need to be adjusted to
accommodate the necessary entrance improvements.
4. Standard commercial entrances will need to be constructed along the proposed
access roadway to serve the existing businesses.
5. If the crossing of Clearbrook Run is absolutely necessary to serve the back portion
of the property, what type of structure is being proposed?
Prior to making any final comments, we would require a complete set of site plans,
drainage calculations and traffic flow data from the /. T.E. Trip Generation Manual, Fifth
Edition for review. Your resubmitted site plans should address the above concerns.
If you have any questions, please let me know.
Sincerely,
W. bushman, Res. Engr.
1
RBC/rf By: R. B. Childress, Permit/Subd. Spec. Supv.
Enclosures
xc: Mr. S. A. Melnikoff, Mr. R. W. Watkins
rRANSPOHTATION I DH `HI -'1,, 1 , IN I kjF,y
Lord Fairfax Health DistrYet
p,
150 Commercial Street
, v P. O. Bax 2056
Winchester, Virginia 22604
(540) 722-3401 FAX (540) 722-3475
Counties of Clarke, Frederick, Page, Shenandoah, Warren, and City of Winchester
To: Greenvay, Inc.
970 Baker Lane
Winchester, Va. 22601
(Attention Keith)
From: Doug Dailey,Environmental Health Specialist Senior
Date: November 2, 1995
Subject: Preliminary Master Development Plan for Dr. Raymond Fish
TM# 33-A-164 and 33 -A -164C
My understanding of this request for comments from my discussion with Keith is
that this project and proposal are only in the initial stages and that your
request for comments is not an inquiry as to the position of this office on any
proposed subdivision of lots. My comments on the site plan are as follows:
The well shown near the existing metal building is not a well. It is a cleanout
for a sewer line. The only well on the property according to the owner is
located about 50 feet North of the existing one story frame under a decorative
well cover.
The only existing, approved drainfield on the property consists of three ditches
85 feet long and is located APPROXIMATELY fifty feet Southeast of the existing
metal building and eighty feet Southwest of the existing one story frame. The
ditches cross the proposed property line which is 329.86 feet long. This system
presently serves the office trailer and the existing metal building.
Another existing system for which there exists no known record of approval serves
the existing one story frame according to the owner. The exact location and size
of this system is unknown. Although the owner states that it will not conflict
with the road construction, the location cannot be verified without uncovering
the system.
VDHOFVIRGINIA
DEPART
HEALTHNT
P10frO.V Ybu -.d roar Enrrumwvrr
The health department has no objection to the proposed preliminary request for
rezoning as long as no nuisances or health hazards are created, but any request
for final approval of this proposal would require applications for evaluations
of both existing sewage disposal systems on the property. In regard to the
system serving the one story frame, our policy for evaluation of systems with
no record of approval requires that the septic tank and distribution box be
uncovered, the end of the ditches located, and a soil evaluation(with backhoe
pits excavated) be conducted. The site and system must meet the current
requirements of the Sewage Handling and Disposal Regulations.
Any new lot, business or dwelling proposed must be approved for a sewage disposal
system before the total proposal can be approved by the health department. All
existing systems must be evaluated and approved as noted above with acceptable
easements provided where necessary.
Please contact me at (540) 722-3478 with any questions.
COUNTY of FREDER I(
Public Works Departme.
Harvey E. Strawsnyder, Jr., P.:
Direct.
November 2 7 , 1995 703/665-564
Fax: 703/678-06t
Mr. Keith H. Burr
Greenway, Inc.
970 Baker Lane
Winchester, Virginia 22603
RE: Dr. Raymond Fish
Preliminary Master Development Plan
Frederick County, Virginia
Dear Keith:
We have reviewed the proposed Master Development Plan for Dr. Raymond Fish and
offer the following comments:
1) The proposed stormwater management area may have to be split to accommodate
development on the north and south sides of Clearbrook Run.
2) It appears that wetlands exist adjacent to Clearbrook Run. This area
should be delineated to verify that any impact would be less than one acre.
3) The 100 year flood plain associated with Clearbrook Run should be delineated on
the Master Development Plan. The backwater effect created by the culvert under
the Winchester Western Railroad should be considered when delineating the flood
plain.
Please contact the undersigned if you have any questions regarding the above comments.
HB:nilh
cc: Isle
Sincerely,
�:,)6—
Harvey E. t wsnyder, Jr., P.E.
Director of Public Works
107 North Kent Street
Winchester, Virginia 22601
Frederick Countv, V1 yinia Master Development Plan Application Package
APPLICATION
MASTER DEVELOPMENT PLAN
Application #
1. Project Title
2• Owner's Name:
t J �s
(Please Iist the names of all owners or parties in interest)
3. Applicant : _ �p�• C.
Address: p !3r
C¢ A-.
Phone Number: 'L-
4. Design Contn:111}: G
Address:
Phone Number:
Contact Name: ,ti}
hrv`v
Pa -e
a '
Frederick County, Virginia Master Development Plan Application Package
APPLICATION cont'd
MASTER DEVELOPMENT PLATY
5.
Location of Property: _R4T S t 1)
6.
Total Acreage: 2n, 93 pre,
7.
Property Information:
a) Property Identification Number (PIN):
33 - A - I(d4 `. 33 -A -I 1p9
b) Current Zoning:
$z A (g3
C) Present Use: (ANIMn-L. WDsP►7A-t_ ` b/0;'Isklc--sS/doNL146*c_,A-t
d) Proposed Uses: r oe, La or_j7_-,c.E sl" )
e) Adjoining Property Information:
Property Identification Numbers
Property Uses
North 53 -gra hk (14
+eA- -8j>4
South 33-(rea -LL-.S
toemnp* ,-RA
33 -C43 -16z, Ik46. I W 4_LG40
_
&M96 :jAL,, MV?n►r L 6a
West 'Z -E))
AQ"C-L; TvaAr(-
W Magisterial District:
8.
Is this an original or amended Master Development Plan?
Original \/ 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 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:
Pale I? h� Na
,yrn
ti' ^ 9g , _
Frederick Count . Virginia Master Development Plan Aeplication Package
Adjoining Property Owners
MASTER DEVELOPMENT PLAN
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 Revenne is located on the 2nd floor of the
Frederick County Administrative Building. 107 North Kent Street.
NAME
Name
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pao tc Aum DA2AIFLk,
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ADDRESS / PROPERTY NUMBER
Add ea► I(u30 S. L."000k5T.
Gt+�S A . Z7bo
11'rollli""
33 CL q)) - t l d I b3
3381 MAamMtMue6 PitC.r.
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Page 18
33-6455 --lio4a
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33 -CL A!� --1 64 -IF
2649 M144MAISGUaf. Pti[
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P.O. Qo)d -7►D5
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FISH MASTER DEVELOPMENT PLAN
PIN: 33-A-164 & 33-A-164C
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 11
RE: Informal Discussion Regarding Building Location Surveys
DATE: December 18, 1995
Staff has been working with the Building Official and the County Engineer to address concerns
regarding the number of structures that encroach upon the minimum required building setback
line. This problem was discussed with representatives of the Top of Virginia Builders
Association during the October meeting of the Development Review and Regulations
Subcommittee (DRRS). All parties involved in that meeting directed staff to create language that
would set standards for building location surveys.
Staff created proposed language as directed and provided this information to the Top of Virginia
Builders Association, the DRRS and the various county review agencies for comment. At this
time, staff has received input from each of these groups; therefore, staff would like to present
this information to the Planning Commission informally. The primary concern raised by the Top
of Virginia Builders Association regards the requirement for a certification letter. Staff is
attempting to address that concern by making the surveyor information part of the building
permit and footing inspection process. Included with this memorandum is the proposed language
created by staff and a letter from Terry Stone detailing requirements and costs associated with
Warren County's procedures. The approach proposed by staff would require step number 2 and
step number 4 as indicated in Mr. Stone's letter.
Staff asks that the Planning Commission review this information for the purposes of providing
comments or concerns to staff. Staff plans to present this information again to the Top of
Virginia Builders Association and the DRRS prior to formal ordinance amendment procedures.
107 North Kent Street • Winchester, Virginia 22601-5000
PROPOSED BUILDING LOCATION SURVEY STANDARDS
1) A surveyor licensed in the Commonwealth of Virginia shall establish the location of any
primary structure that is located five (5) feet or less from any minimum setback
requirement.
2) A surveyor licensed in the Commonwealth of Virginia shall establish the location of any
accessory structure occupying an area of 500 square feet or greater that is located five
(5) feet or less from any minimum setback requirement.
3) A certification letter shall be provided by the surveyor prior to the approval of the
footing for the primary or accessory structure.
4) The certification letter shall be posted on site with the building permit hard card at the
time of the footing inspection.
5) An as -built survey plat shall be prepared by the surveyor of record at the completion of
construction and prior to the issuance of a Certificate of Occupancy Permit by the
Building Official.
NOTE: The proposed language will eventually be incorporated into Section 165-23
Setback Requirements, of the Frederick County Zoning Ordinance.
Terry Stone
Construction Inspection Summary
November 21, 1995
Frederick County Development Review & Regulations Subcommittee
Attention: Evan Wyatt
9 North Kent Street
Winchester, VA 22601
Dear Evan:
write this letter to convey my experience in Warren County/Front Royal with pre -
construction survey requirements for foundations. My wife & I had a home constructed in
a Front Royal subdivision. The home is located on an 11,000 SF lot and is located within
2' of one side setback and within 3' of the front setback.
We were required to have a licensed surveyor involved in 4 activities to obtain permits and
inspections during construction. Listed below is the 4 activities and the surveyors billing
amount for each activity.
1. Proposed House Location Survey (sealed drawing) $250.00
2. Pre -construction House Stakeout (field work) $150.00
3. Mid -construction Foundation Check (field work) $150.00
4. Post -construction House Location Survey (field work/drawing) $250.00
The total cost of $800.00 is particularly troublesome to me because the 2 most critical
functions (activities #2 & #3) were the least expensive. I believe activity #1 could be
provided by anyone (including the homeowner). I believe activity #4 could be combined
with the field work of activity #3 to reduce cost.
If you have other questions please do not hesitate to call.
Sincerely Yours,
<. -A)
TerryJE- Stone
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/678-0682
LMEMORANDUM
TO: Planning Commission Members
FROM: Kris C. Tierney, Deputy Planning Director
4��
RE: Virginia Department of Transportation Desire to Extend Sewer and Water Service
DATE: December 20, 1995
Attached is a letter from Mr. Bushman regarding VDOT's desire to extend public sewer and water
to their new Winchester Headquarter site on Route 50. This issue was discussed by the
Comprehensive Plans and Programs Committee at their December meeting.
There are at least a couple issues to be considered in relation to the request. First, the staff's
interpretation of the location of the Sewer and Water Service Area Boundary is such that the VDOT
parcel is adjacent to the boundary. As is often the case when looking at parcels near the boundary,
it is difficult to determine precisely where the line was intended to terminate. Stall's belief is that the
boundary extends to the intersection of Routes 50 and 803. The CPPC concurred with staff's
determination. There is also a question of whether additional parcels or uses should be permitted to
hook into the sewer line that is proposed to be extended under Route 50 to serve the planned
Hardees.
The Committee was in favor of VDOT participating in efforts to extend the Merriman's Lane line.
It was the strong feeling of the CPPC, however, that any requests for sewer within the Round Hill
Community should be considered in light of the long range goals expressed in the Round Hill Land
Use Plan. The Plan is fairly specific in terms of eventually extending the sewer line at Merriman's
Lane to serve the Community. This line is the subject of an agreement between the Sanitation
Authority and the City of Winchester which reserves capacity specifically for the Round Hill area. The
Committee felt that any proposed land uses that are permitted to tie into the proposed Hardee's line
take potential resources away from extending the Merriman's Lane line.
The DOT is seeking some direction. The Commission does not need to take any action on this matter,
but may wish to let their desires be known to VDOT and the Board of Supervisors. It may also be
helpful if the County's intentions are known to land owners within the Route 37 Interchange area and
the Round Hill Community.
107 North Kent Street • Winchester, Virginia 22601-5000
COMMONWEALTH of VIRGINIA
DEPARTMENT OF TRANSPORTATION
DAVID R. GEHR 14031 OLD VALLEY PIKE
COMMISSIONER PO. BOX 278
EDINBURG. 22824.0278
November 13, 1995
Mr. Kris Tierney
Frederick County Planning Dept.
107 N. Kent Street
Winchester, VA 22601
RE: Relocated Winchester Office and Headquarters
Route 50 West; Round Hill Community
Dear Kris:
WILLIAM H. BUSHMAN, A E
RESIDENT ENGINEER
TEL (540) 984-5800
FAX (540) 984.5807
We are in the process of finalizing the Master Plan for approval by the Department of
General Services on the above referenced site. We now understand public sewer and
water are being extended westward along Route 50 from the Winchester Municipal sewer
facilities just east of our location. We estimate this approved extension will come within
1,600 feet of our site.
The department is also in the process of seeking an architect to develop the construction
plans for the site and buildings. We do not anticipate being able to go to construction for
at least a year.
This is to let you know we would like to serve our site with public sewer and water, if at
all practical. We are prepared to bear the expense of having this service extended to our
site. Please let us know what is involved in securing the necessary permission and
authorities to insure this eventuality.
Sincerely,
William H. Bushman, P.E.
Transportation Resident Engineer
WHB/vcz � ��{������
CPQ%. �`�
ROUND HILL COMMUNITY
PROPOSED LAND USE PLAN
Total Study Area 1100 Acres
Phase 1 2 3
Anticipated 0-5 yr 5-10 yr 10-15 yr
Time Frame
Area 140 ac. 165 ac. 300 ac.
••••• Water/Sewer Service Area
..... Proposed Collector Roods
Community Center Boundary
•••.. Proposed Community Center Addition
0 Proposed Traffic Signal
Open Space
an
goo
Prepared By CPPC — 1995