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PC 06-05-96 Meeting AgendaAGENDA FREDERICK COUNTY PLANNING COMMISSION The Old Frederick County Courthouse Winchester, Virginia JUNE 5,1996 7:00 P.M. CALL TO ORDER TAB 1) Minutes of April 17, 1996 and May 1, 1996 Meetings ........................ A 2) Bi -Monthly Report .................................................... B 3) Committee Reports ................................................... C 4) Citizen Comments .................................................... D PUBLIC HEARINGS 5) Conditional Use Permit #004-96 of Gary Van Meter for retailing or wholesaling of nursery stock and related products. This property is located at 1544 Airport Road and identified with PIN 76 -A -138B in the Shawnee Magisterial District. (Mr. Miller)......................................................... E 6) Conditional Use Permit #005-96 of Lee R. Smeltzer to operate an appliance sales and repair business. This property is located at 4163 Northwestern Pike and identified with PIN 40-A-128 in the Back Creek Magisterial District. (Mr. Miller)......................................................... F 7) Conditional Use Permit #006-96 of Kevin W. and Lynnette L. Fox to operate a recording studio. This property is located at 687 Front Royal Pike and identified with PIN 64C -A-3 in the Shawnee Magisterial District. (Mr. Miller)......................................................... G 8) Conditional Use Permit #007-96 of Robert C. Fowler to operate a commercial outdoor recreation facility/shooting range. The property is located at 840 N. Timber Ridge Road in Cross Junction and identified with PIN 3-A-18 in the Gainesboro Magisterial District. ( Mr. Miller)......................................................... H 2 9) An amendment to Chapter 165, Zoning, of the Code of Frederick County, Article IV, Supplementary Use Regulations, Section 165-48.4, and Article X, Business and Industrial Zoning Districts, Section 165-82B, B-2, Business General District. The proposed amendment will permit outdoor batting cages in the B-2, Business General District and will establish performance standards for this use which will be specified under Supplementary Use Regulations. (Mr. Wyatt)......................................................... I 10) An amendment to Chapter 165, Zoning, of the Code of Frederick Co", Article V, RA, Rural Areas District, Section 165-51, Conditional Uses. The proposed amendment will permit sewage removal and drain cleaning service operations that have been in business prior to June 1, 1978 to be located in the RA, Rural Areas District through the issuance of a Conditional Use Permit by Frederick County. (Mr. Wyatt)......................................................... J PUBLIC MEETING ITEMS 11) Master Development Application #005-96 of Mosby Station and Mosby Station II. This proposal calls for the development of 85 single-family detached urban units on 36.12 acres within Mosby Station and for the development of 17 single-family detached traditional units on 17.3 acres within Mosby Station II. The properties are located on the south side of Macedonia Church Road (Rt. 642) east of the intersection with Aylor Road (Rt. 647) and west of the intersection with White Oak Road (Rt. 636). The properties are identified erty Identification Numbers 75-A-104 and 75-A-105, and are located in th Shawne Magisterial District. (Mr. Wyatt) ..................................................... K 12) Subdivision #005-96 of Wright's Run Limited Partnership to subdivide 196.5625 acres of M 1 (Light Industrial) property in the Shawnee Magisterial District into two lots consisting of 10.00 acres and 186.5625 acres. (Mr. Miller)......................................................... L 13) Waiver Request, Walnut Grove Subdivision. Section 165-54 D. (2) of the Zoning Ordinance states that the Planning Commission may permit the 40% reserved parcel in a rural preservation subdivision to be made up of two parcels. Under this provision, the applicant is requesting a waiver to permit the configuration of his proposed seven -lot subdivision. This property is zoned RA (Rural Areas) and is located on White Hall Road (Rt. 671) in the Gainesboro Magisterial District. (Mr. Miller)......................................................... M K 14) Waiver Request, Hill Valley Master Development Plan #001-96. Section 165-63.13 of the Zoning Ordinance states that the Planning Commission may recommend that more than 50% of open space consist of environmental features. Under this provision, the applicant is requesting a waiver to permit more than 50% steep slopes within a proposed residential development's open space. The property is zoned RP (Residential Performance) and is located on Greenwood Road in the Stonewall Magisterial District. (Mr. Lawrence) ...................................................... N 15) Other File K MPTNIM96COVERSTC6 5 AGN MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMNIISSION Held in the Board Room of the Old Frederick County Court House in Winchester, Virginia on April 17, 1996. PRESENT: Planning Commissioners present were: Charles S. DeHaven, Jr., Chairman/Stonewall District; Robert A. Morris, Shawnee District; John H. Light, Stonewall District; Richard C. Ours, Opequon District; Marjorie H. Copenhaver, Back Creek District; Roger L. Thomas, Opequon District; Terry Stone, Gainesboro District; S. Blaine Wilson, Shawnee District; Jimmie K. Ellington, Gainesboro District; George L. Romine, Citizen at Large: Robert M. Sager, Board Liaison; and Jay Cook, Legal Counsel. ABSENT: John R. Marker, Vice-Chairman/Back Creek District; Vincent DiBenedetto, Winchester City Liaison Staff present: Kris C. Tierney, Deputy Planning Director; Eric R. Lawrence, Planner I Call To Order Chairman DeHaven called the meeting to order at 7:00 p.m. Bimonthly Report Chairman DeHaven accepted the Bimonthly Report for the Commission's information. Citizen Comments Chairman DeHaven called for anyone wishing to speak to the Commission about 2 any item that was not listed on the agenda. Mr. Dennie Collins, adjacent property owner to a pending Conditional Use Permit #002-96 of the Robert E. Rose Memorial Foundation to operate a licensed home for adults and an adult care facility at 549 Valley Mill Road, came forward to speak regarding this application. Mr. Collins said that he generally opposed all proposed development in this district until the roads could adequately handle the traffic. Mr. Collins felt he was not properly notified of the public meetings that were held prior to the April 3 public hearing. Mr. Collins asked why the Commission would recommend approval of a project that VDOT felt had an inadequate commercial entrance. He said that if VDOT considered the project to be commercial, how could Frederick County consider the project as residential. PLANNING COMMISSION ADJOURNS TO A WORK SESSION At 7:12 p.m., the Planning Commission adjourned to a work session to discuss the Route 11 Corridor Study and the status of Warrior Drive at Fredericktowne. Adjournment meeting. There being no further business to discuss, Chairman DeHaven adjourned the Respectfully submitted, Kris C. Tierney, Deputy Planning Director Charles S. DeHaven, Jr., Chairman MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Old Frederick County Court House in Winchester, Virginia on May 1, 1996. PRESENT: Planning Commissioners present were: Charles S. DeHaven, Jr., Chairman/Stonewall District; John R. Marker, Vice Chairman/Back Creek District; Robert A. Morris, Shawnee District; Jimmie K. Ellington, Gainesboro District; Terry Stone, Gainesboro District; John H. Light, Stonewall District; Marjorie H. Copenhaver, Back Creek District; Roger L. Thomas, Opequon District; George L. Romine, Citizen at Large; Richard C. Ours, Opequon District; Robert M. Sager, Board Liaison; and Jay Cook, Legal Counsel. ABSENT: S. Blaine Wilson, Shawnee District; Vincent DiBenedetto, Winchester City Liaison Staff present: W. Wayne Miller, Zoning Administrator; Kris C. Tierney, Deputy Planning Director; Evan A. Wyatt, Planner II; and Renee S. Arlotta, Minutes Recorder. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MEETING MINUTES OF MARCH 20, 1996 Upon motion made by Mr. Marker and seconded by Mr. Romine, the minutes of the March 20, 1996 meeting were unanimously approved as presented. 2 BIMONTHLY REPORT Chairman DeHaven accepted the Bimonthly Report for the Commission's information. COMMITTEE REPORTS Development Review & Regulations Subcommittee (DRRS) - 4/25/96 Mtg. Mr. Thomas reported that the DRRS discussed three potential amendments that will be coming to the Planning Commission at subsequent meetings. He said that the DRRS also discussed buffering and screening standards for RP zoned land next to agricultural property. Transportation - 4/24/96 VDOT Public Meeting Mr. Wyatt reported that he attended a VDOT public meeting regarding the widening of Shawnee Drive from the intersection of Route 11 back to the railroad tracks, just passed the Mobile Chemical site. He said that this will be a three lane improvement with a turn lane in the middle and curb and gutter. Mr. Wyatt said that the staff has no problems with the project. Economic Development Commission (EDC) Mr. Romine said that the EDC continues to receive many inquiries and is continually looking for new sites. PUBLIC HEARINGS: 3 Conditional Use Permit Application #003-96 of David A. Keller to operate a commercial outdoor recreation f-hadlity (arch ranael Thk nrnnn,•fv lni �+ •n_ rr - -� (archery b-, • r` "f"-` -J 1S ■Wa ated m ShockeysvulC. Off of State Route 691 (Holiday Road), and is identified with PIN 8-A-16 in the Gainesboro Magisterial District. Action - Recommended Approval with Conditions Mr. Miller stated that the Health Department will allow Mr. Keller to use a porta- potty for the proposed use. He said that it did not appear that an archery target could be located so as to cause a problem on the adjacent property, due to the location of the entrance road. He said that the staff suggests that any targets be arranged to preclude any stray arrows from impacting on adjoining property. He added that parking will need to be provided to customers if the permit is approved. Mr. David A. Keller was available to answer questions from the Commission. There were no citizen comments, either in favor or opposition to the conditional use permit. Chairman DeHaven asked if any input had,been received from the adjoining church and Mr. Miller replied no. The Planning Commission had no outstanding concerns with the proposed conditional use permit. Upon motion made by Mr. Romine and seconded by Mr. Light, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #003-96 of David A. Keller to operate a commercial outdoor recreation facility/archery range with the following conditions: 1. Maximum allowable hours of operation shall be from sunrise to sunset, Monday through Saturday and from 12:00 noon to sunset on Sunday. 2. A designated parking area must be provided for customers. 3. All targets shall be located so as to insure that stray arrows do not impact on adjoining properties. 4. Range activities shall be supervised by the owner or a qualified employee at all times while in use. 4 Rezoning Application #002-96 of Raymond L. Fish to rezone four acres from B2 (Business General) to B3 (Industrial Transition) and 7.3 acres from RA (Rural Areas) to B3 (Industrial Transition) for an animal hospital and a beverage warehouse. This property is located at the southeast corner of the intersection of I-81 and Route 672 in Clearbrook and is identified with P.I.N.s 33-A-164, 33 -A -164C, and 33-A-165 in the Stonewall Magisterial District. Action - Recommended Approval Mr. Tierney stated that the fire chief has requested above -ground water storage and the County engineer referred to his comments on the pending master development plan regarding storm water and delineation of floodplain areas. Mr. Tierney said that the property is located outside of both the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA); however, water is available along Route 11, the property is in proximity to the I-81/Rt. 672 interchange, and has frontage along the Winchester & Western Railroad. Mr. Tierney also noted that given the nature of the surrounding uses, the relative isolation of the parcel, and the existing B2 zoning, the staff felt that impacts of the rezoning on surrounding properties would be minimal. Commission members felt that the direct rail access, the immediate access to the interchange and interstate, the existing B2 zoning adjacent to the property, and the relatively small scale of the rezoning made this particular property and situation unique so as not to set a precedent for future business rezonings of RA property outside of the UDA. Mr. Bruce Edens, with Greenway, Inc., was representing the applicant, Dr. Raymond L. Fish. Mr. Edens said that the majority of Mr. Fishs property was previously master planned, however, the seven RA acres proposed can only be accessed through the master planned area. Mr. Edens said that they intend to include this RA property with the previously master planned area and submit a revised master development plan, if the rezoning is approved. He explained that they would address the wetlands and floodplain at the revised master plan stage. Commissioners asked if a right-of-way had been secured for the water line extension. Mr. Edens said that negotiations with adjoining property owners are currently taking place. Commissioners also had questions on the above ground water storage and the differences in scale between animal hospitals in B2 as opposed to B3. There were no citizen comments. Commission members felt the uniqueness of this property was quite defensible in order to preclude a precedence for rezoning RA property to business outside of the UDA and upon motion made by Mr.Thomas and seconded by Mr. Marker, 5 BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Rezoning Application #002-96 of Raymond L. Fish to rezone four acres from B2 (Business General) District to B3 (Industrial Transition) District and 7.3 acres from RA (Rural Areas) District to B3 (Industrial Transition) District for an animal hospital and a beverage warehouse. Rezoning Application #003-96 of Richard L. Heisey to rezone 1.43 acres from RA (Rural Areas) to B2 (Business General) for self -storage warehouse units. This property is located two miles west of the Winchester By -Pass (Rt. 37) on the south side of Northwestern Pike (Rt. 50) and approximately 200 feet to the west of Poorhouse Road (Rt. 654) and is identified with P.I.N. 52-A-148 and 52-A- 149 in the Back Creek Magisterial District. Action - Recommended Approval Mr. Wyatt gave the background information and review agency comments. Mr. Wyatt stated that the property is located approximately 1.5 miles west of the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA) and is also located within the Round Hill Community Center. He explained that although the Round Hill Plan recommends that commercial rezoning not take place prior to the provision of public water and sewer, the use proposed, self -storage warehouse units, operates independently of public water and sewer. Mr. Wyatt noted that the applicant has proffered out specific business uses, such as automotive dealerships, gasoline service stations, restaurants, car washes, and child day care facilities and has also proffered to offset the cost impact to emergency services. Mr. Wyatt said that the applicant has also presented an addendum to his proffer statement in which he states that he would be willing to offset the cost, if it was fair -share, for extending water and sewer to this area. Mr. Wyatt also presented a letter from an adjoining property owner, Mr. Timothy A. Hodges, who stated that although he was not opposed to the proposed use of the property, he, as well as other adjoining property owners, were opposed to altering the terrain of the property because of the potential problems it would create with storm water management and flooding. Mr. Hodges also requested the retention of as much of the natural fence row trees and shrubs as possible. Commission members asked if Mr. Heiseys proposal was compatible with the long- range planning for the Round Hill corridor. Mr. Wyatt replied that it was consistent with that plan, however, the plan had not yet been adopted by the Board of Supervisors. Mr. Richard L. Heisey, the applicant, said that since he was a resident of this .1 neighborhood, he was very understanding of the neighbors concerns and those concerns were his also. There were no other citizen comments. The Commission had no objections to the proposed rezoning, based on the provisions of the applicants proffer statement, the compatibility with the existing uses along Northwestern Pike, and the minimal impacts to the adjoining residential properties. Upon motion made by Mr. Marker and seconded by Mr. Light, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Rezoning Application #003-96 of Richard L. Heisey to rezone 1.43 acres from RA (Rural Areas) to B2 (Business General) for self -storage warehouse units. Upon motion made by Mr. Thomas and seconded by Mr. Marker, the Commission unanimously voted to make the letter from Timothy A. Hodges a part of the official record and file. An amendment to Chapter 144, Subdivision of Land, of the Frederick County Code, Article III, General Provisions, Section 144-4, Subdivision Administrator. The proposed amendment establishes new standards for the administrative approval of industrial, commercial, and residential subdivisions of land that are a part of an approved master development plan. Action - Recommended Approval Mr. Wyatt said that during the Planning Commissions 1996 Retreat, it was suggested that certain types of subdivisions be allowed to be approved administratively in order to reduce the amount of time needed to approve a subdivision of land in areas that are currently planned for development. Mr. Wyatt said that the amendment proposed establishes new standards for the administrative approval of residential, commercial, and industrial subdivisions that are part of an approved master development plan. Mr. Wyatt said that when this was presented to the DRRS, the Committee felt the amendment was a good idea, however, there was concern expressed regarding the ability of the Commission to review residential subdivision applications. He said that all residential subdivision applications, with the exception of rural area subdivisions, appear on the Planning Commissions Bimonthly Report, Mr. Wyatt said that the staff felt that this process would provide the Commission with an opportunity to request a formal review of any pending subdivision application. Commission members suggested that new subdivisions be highlighted in some way on the Bimonthly Report and that new major residential subdivisions be verbally reported at Commission meetings, in order to keep members aware of these items. There were no citizen comments. Upon motion made by Mr. Ours and seconded by Mr. Stone, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the amendment to Chapter 144, Subdivision of land, of the Frederick County Code, Article III, General Provisions, Section 144-4, Subdivision Administrator, as follows: 144-4 Subdivision Administrator A Subdivision Administrator shall be appointed by the Board of Supervisors and entrusted to enact, administer, and enforce the requirements of the chapter. The Subdivision Administrator shall have the powers and duties specified in this chapter as authorized by the Board of Supervisors. The Subdivision Administrator is authorized to administratively approve or disapprove all divisions of land in the RA (Rural Areas) District and all divisions of land in all other zoning districts than are within an approved master development plan. The Subdivision Administrator shall have the authority to forward any division of land, subdivision design plan, or final plat to the Planning Commission or Board of Supervisors for final approval. Waiver Request Request of C.E.D. Enterprises, Inc. to have the Planning Commission reduce a required side yard setback in the EM (Extractive Manufacturing) District per Section 165-88B(1) of the Zoning Ordinance. Mr. Wyatt presented a site plan the staff received for C.E.D. Enterprises, Inc. for expansion of their existing facility located in the Gore area. Mr. Wyatt said that the proposal, which calls for three phases of development over the next year, calls for an expansion of the kiln which will be located 50 feet from the adjoining property line. He said that the EM (Extractive Manufacturing) District requires structures to be set back a minimum of 100 feet from any property that is zoned RA, RP, R4, R5, or M111, however, Section 165-88B(1) of the Zoning Ordinance allows the Planning Commission to reduce the required setback to 50 feet if this �1- encroachment does not adversely impact the adjoining property. Mr. Wyatt said that the properties to the east are owned by Robert W. Butler and Richard Whetzel and are part of a subdivided parent tract referred to as the "Earl Haines" lots. He said that the Earl Haines lots are heavily wooded and were created along a ridge line. Access to these lots is via Dandelion Lane, which is located on the opposite side of the ridge line from the C.E.D. Enterprises, Inc. He said that the C.E.D. facility is not visible from the existing residences. Mr. Bruce Edens, with Greenway, Inc., was representing C.E.D. Enterprises, Inc. and was available to answer questions from the Commission. Mr. Thomas asked what other options were available, if the 100' buffer were not waived. Mr. Edens replied that they would not be able to build the kiln. Mr. Thomas asked if the Commission could require trees to be planted if the waiver was approved. Mr. Thomas felt that the burden of supplying screening should not fall on the adjoining property owners, if they decide to utilize their properties at this location. Staff noted that this was a wooded area and steeply sloped. Commission members asked if the adjoining property owners were notified. Mr. Edens replied that they were not notified, however, he felt it would be appropriate to do so. Mr. Edens said that he would notify the neighbors and given them a certain time frame to reply. Commission members asked how many adjoining property owners there were and Mr. Edens replied that there were two. Chairman DeHaven asked Mr. Edens to notify the staff after he received comments from the adjoining property owners. Commission members gave the staff the authority to proceed with approval of the waiver with the stipulation that no objectional responses were received from the two adjoining property owners. Northeastern Frederick County Joint Work Session with the Board of Supervisors Mr. Tierney said that in response to the Planning Commissions request to meet with the Board of Supervisors in an effort to reach a clear understanding of the Boards desires regarding the purpose and focus of a study of the area north of Route 7 and east of Interstate 81, the Board suggested a work session at 5:30 p.m. on May 22, prior to their regular Board meeting. Mr. Tierney said that he needed to respond to the County Administrators office so that arrangements could be made. Chairman DeHaven requested that members of the Commission check their E schedules and the staff would contact members individually to determine if this time and date were suitable. Adjournment No further business remained to be discussed and Chairman DeHaven adjourned the meeting at 7:55 p.m. Respectfully submitted, Kris C. Tierney, Deputy Planning Director Charles S. DeHaven, Jr., Chairman BIMONTHLY REPORT OF PENDING APPLICATIONS (printed May 22, 1996) Application newly submitted. REZONINGS: Richard L. & Nancy S. Heisey (REZ #003-96) Back Creek 1.43 ac. from RA to B2 for self- storage warehouse units Location: 2 mi. W. of 37; on So. Side of Rt. 50; approx. 220' W. of Rt. 654 (Poorhouse Rd) Submitted: 04/04/96 PC Review: 05/01/96 - Recommended Approval BOS Review: 06/12/96 Dr. Raymond L. Fish (REZ #002-96) Stonewall -4 ac. B2 to B3/ 7.3 ac. RA to B3 animal hosp. & beverage warehs Location: So. East corner of I-81 & Rt. 672 intersection; Clrbrook Submitted: 04/02/96 PC Review: 05/01/96 - Recommended Approval BOS Review: 06/12/96 Woodside Est. (REZ) Is.f. Opequon 36.4589 Acres from RA to RP for residential lots Location: West side of Double Churches Rd (Rt. 641), south of the intersection w/ Fairfax Pk (Rt. 277) Submitted: 11/15/95 PC Review: 12/06/95 - Recommended Denial BOS Review: 06/12/96 MASTER DEVELOPMENT PLAINS: 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. Approval: Awaiting completion of easement plat for water line ext. Preston Place Apts. Phase it (MDP) Shawnee Garden Apartment Units I (rental) on 14.59 acres (RP) Location: No. Side of Airport Rd. (Rt. 645) Submitted: 01/29/96 PC Review: 02/21/96 - Recommended Approval BOS Review: IL03/13/96 - Tabled by BOS for unspecified time. Whitehall Business Pk (Flying J) (MDP) Stonewall Business Pk on 52.04 Ac. (Ml & B3) Location: So. West quadrant of I-81 & Rt. 669 intersection Submitted: 01/31/96 PC Review: 02/21/96 - Recommended Approval BOS Review: 02/28/96 -Approved Pending Admin. Approval: I Awaiting completion of review agency requirements. Hill Valley (MDP) Shawnee 54 SF Det. Cluster; 26.123 Ac. (RP) Location: N. W. Corner of Valle Mill & Greenwood Rds. Submitted: 11/15/95 PC Review: 03/06/96 - Recommended Approval BOS Review: 05/13/96 - Approved ILLending Admin. Ap roval: Awaiting com letion of staff & review agency comments SUBDIVISIONS: 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 Wine -Fred Co. IDC (SUB) Back Creek 2 Ml Lots (0.552 acres & 20.285 acres) Location: Southeast side of Development Lane Submitted: 09/08/95 PC Review: 10/04/95 Approved BOS Review: Review not required --Has an approved MDP Pending Admin. A roval Awaiting signed plats. RT&T Partnership (SUB) Back Creek I 1 Lot - 29.6 Acres (B2) Location: Valley Pike (Rt. 11 So.) Submitted: 05/17/95 PC Review: 06/07/95 Approved BOS Review: I Review not required --has an approved MDP Pending Admin. Approval: Awaiting submission of si ned lat & 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 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: Awaiting deed of dedication, letter of credit, and signed plat Harry Stimpson (SUB) Opequon 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: Shenandoah Presbytery Corp. (SP #021-96) Opequon Church on 2.4 ac. of a 6.5255 acre site (RP) Location: 751 Fairfax Pike Submitted: 04/23/96 11 Approved: Pendin Valley Mill Apts. (SP #020- 96) Shawnee 76 -unit apartment development on 7.684 acres (RP) Location: Corner of Rt. 658 & Rt. 659 Submitted: 04/12/96 Approved: Pending Stonewall Elem. School (SP #019-96) Stonewall School Bldg; developing 8.22 ac. of a 10.0122 ac. parcel (RA) Location: 3165 Marfinsburg Pike, Clearbrook Submitted: 04/11/96 Approved: Pending American Legion Post #021 (SP #018-96) Stonewall Addition to post home on a 3.4255 acre site (B2) Location: 1730 Berryville Pike Submitted: 04/10/96 Approved: Pending Ft. Collier Indust. Pk. Lease Bldg #3 (SP #017-96) Stonewall Warehouse/Indust. on 4.24 ac. of a 10.95 ac. site (Ml) Location: 660 Brooke Road Submitted: 04/08/96 Approved: Pending C.E.D. Enterprises, Inc. (SP) Back Creek Bldg. Addit. for mineral process-ing on 0.27 ac. of a 10.00 ac. site Location: 221 Sand Mine Road Submitted: 03/27/96 Approved: Pending Glaize Truss Components (SP) Shawnee 1,188 sq.ft. Addition; 19.4 acres (Ml) Location: 2749 Victory Lane Submitted: 03/22/96 Approved: 05/20/96 AeroCenter Business Pk (B.I. Chem.) (SP #012-96) Shawnee Warehouse/Office on 3.12 acres (Ml) Location: Lot 2; So. West corner of Victory Ln. & Arbor Ct. Submitted: 03/20/96 Approved: 05/17/96 Senseny Rd. Elem. School Addition (SP) Shawnee School Addition on 3.0 ac. of a 9.7 ac. site (RP) Location: 1481 Senseny Road Submitted: 03/11/96 Approved: Pending Dominion Knolls (SP) Stonewall I Townhouses on 20.278 ac. (RP) Location: Intersection of Baker Lane and Gordon Street Submitted: 02/21/96 Approved: Pending Pegasus Business Center, Phase I (SP) Shawnee Office, Misc. Retail, Business on 1 2.5 ac of a 6.0623 ac site (B2) Location: 434 Bufflick Road Submitted: 02/14/96 Approved: Pending ---- AT&T P.O.P. Bldg. (SP) Stonewall Bldg. Addition on 0.10 ac. Of a 0.19 acre site (RP) Location: 2032 Martinsburg Pike (US 11) Submitted: 02/13/96 Approved: 05/14/96 Hardees Mobile Oil Con- venience Center (SP) Back Creek Conven. Cntr/Rest. on a 1.0727 I ac. site (RA) (CUP #011-95) Location: Southeast corner of Rt. 50 West and Ward Avenue Submitted: 12/20/95 Approved: Pending D.K. Erectors & Maintenance, Inc. (SP) Gainesboro Indust Sery/Steel Fabrication on a 10 acre site (M2) Location: 4530 Northwestern Pike Submitted: 12/28/95 Approved: Pending 10 Regency Lakes, Sect. E (SP) Stonewall 95 units on 28.0 acres (ME11) Location: North of Regency Lakes Drive Submitted: 10/27/95 Approved: Pending Wheatlands Wastewater Facility (SP) Opequon Treatment Facility on 5 Acres I (R5) Location: So. West of Double Tollgate; ad'. & west of Rt. 522 Submitted: 09/12/89 11 Note: Being held atapplicant's request. Flex Tech (SP) Stonewall Ml Use on 11 Ac. (MI) Location: East side of Ft. Collier Rd. Submitted: 10/25/90 Note: Being held atapplicant's request. CONDITIONAL USE PERMITS: 12 David A. Keller (CUP 003- 96) _ -_-_ __.-- Gainesboro -- Comm. Outdoor Rec. Facility - Archery Range (RA) Location: Off Rt. 671 in Shocke sville Submitted: 04/05/96 PC Review: 05/01/96 - Recommended Approval w/ conditions BOS Review: 05/22/96 - Ap2roved w/ conditions VARIANCES: Holiday Inn Express (VAR Opequon 7'6" sign setbk & a 89.5 sq.ft. #006-96) Submitted: sign size var. for existing sign BZA Review: 05/21/96 - Tabled until 06/8/96 (B2) Location: W. Side of Town Run Ln. (Rt. 1012) &. S. Side of Fairfax Pike (Rt. 277) Submitted: 04/26/96 BZA Review: 05/21/96 - Approved Verlo V. Cutshaw (VAR #004-96) Stonewall 14' side yd. variance for a warehouse/storage bldg. (Ml) Location: Allied Wood Products - 2546 Martinsburg Pike Submitted: 04/24/96 BZA Review: 05/21/96 - Tabled until 06/8/96 Richard Scott & Dawn Krueger (VAR #005-96) Opequon 15' rear yd. variance for 12' addition (RP) Location: 112 Southdown Circle, Albin Village, Stephens Cit Submitted: 04/25/96 BZA Review: 05/21/96 - Approved 13 PC REVIEW: 6/5/96 BOS REVIEW: 7/10/96 CONDITIONAL USE PERMIT #004-96 GARY VAN METER Retail/Wholesale Nursery Business LOCATION: This property is located at 154 Airport Road (Route 645); one mile southwest of Rt. 50 East, south side of Rt. 645. 1MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 76 -A -138B PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) District; Land Use: Residential ADJOINING PROPERTY ZONING & USE: Zoning: RA (Rural Area) District; Land Use: Residential and Agricultural PROPOSED USE: Retailing or wholesaling of nursery stock and related products. R. VIEW EVALUATIONS: Virginia Dept. of Transportation: No objection to a conditional use permit for this property. However, prior to operation of the business, a commercial entrance must be constructed to our minimum stands to allow for safe egress and ingress of the property. Any work performed on the state rights-of-way must be covered by a land use permit. The permit is issued by this office and requires an inspection fee and surety bond coverage. Inspections: Building shall comply with Virginia Statewide Building Code and Section 309, Use Group M (Mercantile) of the BOCA National Building Code/1993. Other codes that apply are title 24 Code of Federal Regulation, Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities. ADA parking and access to the building shall be furnished. Gary Van Meter CUP #004-96 Page 2 May 21, 1996 Health Department: The Health Department has no objection as long as the proposal involves no employees other than family members who currently reside at the home on site and no proposed restrooms or water for the public. Fire Marshal: No comments. Winchester Regional Airport: The proposed request for this operation does not impact the airport. Planning and Zoning: The zoning ordinance permits the proposed use in the Rural Area District with an approved CUP. The proposed greenhouse is partially constructed and no other facilities to accommodate the use have been prepared. Applicant intends to construct a building for use as a retail facility. Since this will be a public use facility, a site plan will be required for this activity. The entrance into the property has poor site visibility to the east and the applicant has addressed this issue with VDOT and is prepared to do whatever is necessary to meet their requirement. Should the applicant decide to employ outside help, health facilities will be required for the employees. It does not appear that allowing this operation would have any significant impact on the neighborhood other than the traffic that may be generated. Staff Recommendation for 6/5/96: This proposal appears to meet all the ordinance requirements necessary to allow approval. If approved, the following conditions are suggested: 1. All review agency comments must be addressed and complied with at all times. 2. A site plan must be submitted and approved prior to construction of any facilities required for the use. 3. A commercial entrance meeting the VDOT requirement must be constructed. 4. Any signage desired for the use must be as permitted by ordinance. CUP #004-96 PIN: 76.-A- 138B Gary Van Meter { Submittal Deadline P/C Meeting BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA to S_ 1. Applicant (The applicant if the owner = other) NAME: r,'.. -.. 1 I- _ M ADDRESS : TELEPHONE G G,t 2. Please list all owners, occupants, or parties in interest of the property: ���rhS. Jee►,1' %..... A.4R; VANS l Tc Y (tr; a�a��.� r V.• -.z � S-iev e vi Y 3. The property is located at: (please give exact directions and include the route number of your road or street) `I � SAnth o-� /. do 4. The property has a road frontage of 1-4c) 1. IS feet and a.. depth of p feet and consists of 3 acres. (Please be exact) 5. The property is owned by as evidenced by deed from �}/g�� recorded (previous owner) in deed book no . 7 34 on page as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. 14 -Digit Property Identification No. 7� Magisterial District �/,��,.,,,e Current Zoning ;� R 7. Adjoining Property: USE North ,fir l East r -,;r South West ZONING 7 , R �. 8. The type of use proposed is (consult with the Planning Dept. before completing) ?�`�, t .,hnlrl�-� �r r ."rNe are,:" V EE-Afc.J(. n Sa #JG OP QS=ti' ;circ '7-c . o D Ve--J 9. It is proposed that the following buildings will be constructed: -1 l� r' - � 1111L hgt f 11_- --1l t I 1 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 Address r2� ll,{r'L.� Property ID# �•7 0 0 o Pts.J v���-1� + Larr:�.LC Address y- 3 A: r a�- Lt.� rtc . �4 . ;1 to G z Property ID# 7 •7 Address Property ID# Q o Address Property ID# Address Property ID# Address Property ID# 11. Please use this page for your sketch of the property. Show proposed and/or existing structures on the property, including measurements to all property lines. liD1' C3 S C I'j s �• '� � -�-� ,,rte � 1 s C9 Q Yt+v�wsM % N Mi (XET1 QT►A LAM Tri ANOOK As M APPOn an TMs RAT, i UM M FM CasiDIT a* N "CORAM( VM M OCNM OF M ISOO1s aM OVnjK FOa's�TM W TsiAML IFEDUbM COtMrr PLAIMIW WARTh"T 12-U-1 0% AMU k MCI I -0-761d '• � a 917.99•V a �` (23,00-� c R�x or e L ALLEN! EBE T .z -114+.R (L10ENSIE) No. 1498 I�zn �rypYPY< 3 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�s— Owners' Mailing Address Owners' Telephone No. 6 6 -� - 0y6 TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: PC REVIEW: 6/5/96 BOS REVIEW: 7/10/96 CONDITIONAL USE PERMIT #005-96 LEE R. SMELTZER Appliance Sales & Repair LOCATION: This property is located at 4163 Northwestern Pike. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 40-A-128 PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) District; Land Use: Residential DJOINING PROPERTY ZONING & USE: Zoned RA (Rural Area) District; Land Uses: Residential and Agricultural PROI!95EDU : To establish an appliance sales and repair business. VIEW EVALUATIONS: Virginia Dept. of Transportation: No objection to a conditional use permit for this property. However, prior to operation of the business a commercial entrance must be constructed to our minimum standards to allow for safe egress and ingress of the property. Any work performed on the state's right-of-way must be covered by a land use permit. The permit is issued by this office and requires an inspection fee and surety bond coverage. Health Department: As there will be no increase in waste water, and no evidence of any malfunctioning of septic system at time of walkover, the Health Department has no objection to the proposed conditional use permit. Inspections Department: Building shall comply with Virginia Uniform Statewide Building Code and Section 306, Use Group F (Factory & Industrial) of the BOCA Lee R Smeltzer CUP #005-96 Page 2 May 21, 1996 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. A floor plan of area being utilized shall be submitted for change of use permit, inspection performed and new certificate to occupy issued. Fire Marshal: No comments. Planning and Zoning: This request is being made under the ordinance section that allows reestablishing a nonconforming use with an approved CUP. This location was previously a country store and gas station that was discontinued prior to 1955, exact date is unknown. Applicant intends to sell used appliances and do appliance repair. He has enclosed the overhanging porch and will utilize that space, plus space in the residential portion of the structure for the proposed activity. There is adequate open space between the structure and Northwestern Pike to permit parking. Applicant will need to respond to the VDOT requirement for a commercial entrance. STAFF RECOMMENDATION FOR 6/5/96 MEETING: Proposal meets the necessary requirements to permit approval. If approved, the following conditions are recommended: 1. Applicant must comply with all review agency comments at all times. 2. No outside display of appliances (new, used or inoperative) shall be permitted. 3. All repair work must be done inside the structure. 4. Only one business sign advertising the service shall be allowed on the property. CUP #005-96 PIN: 40—A-128 Lee R. Smeltzer Submittal Deadline P/C Meeting BOS Meeting Ai`svN FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 2 - 1. Applicant (The applicant if the owner other) NAME: '- ADDRESS: LI ( (.0^.� )) X -,i ez---� �1 � ..wl .C. -A C TELEPHONE L{ 2. Please list all owners, occupants, or parties in interest of the property: \10 'n,P S 'p-\li- O U, v\ A -I 3. The property is located at: (please give exact directions and include the route number of your road or street) 4. The property has a road frontage of .ao feet and a depth of 3 /1 .09 feet and consists of r � � � acres. (Please be exact) 5. The property is owned by Z Sl Z4c' as evidenced by deed from D - C C recorded (previous owner) in deed book no. (,, v O on page o 3 , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. 14 -Digit Property Identification No. Magisterial District Current Zoning 2 In. 7. Adjoining Property: ONING C.. USE North East South West FSrOEY��� ONING C.. 8. The type of use proposed is (consult with the Planning Dept. before completing) `T -M ReCST-A rte IS -a- ,a, '0I-ri1_ 7-4 F, W, ON a- r -'J W 'A M0719, M rA—"4 . qW.?W.r&& 9. It is proposed that the following buildings will be constructed: 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides, rear and in front of (also across street from) the property where requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this application: (PLEASE LIST COMPLETE 14 -DIGIT NUMBER.) NAME 3 L rns Address 13Z P ke- Property ID# RP�Ma�,� s.1<�erhs AddressLf PIT rr� _ r` g�tfi� 1r . %{,e r n 5 I S �� 'P"�' ' %, nc..e-s E Property ID# %-Ytc�)� O � O 1 S E) iU h i s5el Address Z LL h PLwr Vic,,, ` Property ID# © Oz" P�' Address Property ID# Address Property ID# P �.., � S '�°t\�- F R c �.A nil " i Address Lie Property ID,r 3 L 12. Additional comments, if any: I (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in, this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Signature of Applicant Signature of Owner Owners' Mailing Address Owners' Telephone No. TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: �PECeRaFy � Mr�l D1A/J 1.0 Z4.1 3 go. Y4 z PA041p G. HcCd�L Coop6p- D.O. /Bdj P. 40' 0 n' tjo �p � .l �Z �° •r 10. 4 0 13 Q � 30 � � ss• � I.r� ,� oc / / 0 s{Otjp1t. v / a)L-R �OAL7 42VL ° R / / �Sr Ida- ; •� N 6t" o �¢ xsD*- • E. 0 5.0 -p I �•F ll' S tjoR 14 o wiAIC. /-ac v1s'/o.J s&&RVE y a j P-46p,ITO �pc1( C,2e,E,c� �13'Y � ffz�perlclC� Cod ViR�1NIq •• C'A�/nIG'Yo.J S. CoeB9 . • � u/�I�NGsrerr, Vi�tc�n1/N � � ` � , , �_ N�eesy, cex�rl�y. •��y o.,j '?uE .�13o✓%�;a = MAbE_ 44 gecuRA'%; Suxvav of e7'—PREM15Es • ShlowN F/F�eEo�! A.lptLv7 7'jl� A�?E�Ia' ,EASEME�1'I's • : , . oe Enlc.eo�acNME.�1?s ' Vis�Bt.E � Qry- ;7'N �''7'Hos� .SNoWA) 'Yi/,F,eF-0A) . FCARRI iS�+�p ZONE i.J01cq'YES HiNiM Fcj COOBBSE No' lk Z.' 478 0 i I PC REVIEW: 6/5/96 BOS REVIEW: 7/10/96 CONDITIONAL USE PERMIT #006-96 KEVIN W. FOX Cottage Occupation Recording Studio LOCATION: This property is located at 687 Front Royal Pike. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 64C -A-3 PROPERTY ZONING & PRESENT USE: Zoned RP (Residential Performance) District; Land Use: Residential ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Area) and RP (Rural Performance) District; Land Uses: Residential and Vacant PROPOSED USE: To operate a recording studio REVIEW EVALUATIONS: Virginia Dept. of Transportation: No objections to a conditional use permit being issued for this property. Should traffic patterns at this location change, it will be necessary to upgrade your existing entrance to meet VDOT minimum commercial entrance design standards. Inspections Department: Building shall comply with Virginia Uniform Statewide Building Code and Section 304, Use Group B (Business) of the BOCA National Building Code/ 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. Permit shall be obtained for a change of use on existing garage. Floor plan is required at the time of permit application. Kevin W. Fox CUP #006-96 Page 2 May 21, 1996 Fire Marshal: All electrical work must comply with National Electrical Code. Winchester Regional Air ort: Any antennas or appurtenances to the roof structure need to be submitted for review prior to construction. Request to operate out of existing structure poses no impact as stated. County Sanitation Authority_: Water and sewer are available to the site. Planning and Zoning: Ordinance permits this activity as a cottage occupation. The major concern about this activity would be the possible noise pollution and its impact on adjoining properties. The house on the north side is separated from the use by a vacant lot and is somewhat insulated by a fence and natural vegetation screening. During a visit to the site on May 17th, I spoke with the neighbor on the south side who is the closest to the proposed use. He stated that there had not been a problem in the past with these neighbors and he had no objections to the proposed use. Since the activity is planned to be conducted in a detached garage that is being modified for the use, consideration should be given to soundproofing the interior to preclude outside noise pollution. Not knowing the intended scope of the activity, it must be very limited due to parking availability and the size of the garage that is being modified for the use. Staff Recommendation for 6/5/96: It appears this request meets all of the requirements of the ordinance necessary for approval. If approved, the following conditions are recommended: 1. All review agency comments must be complied with at all times. 2. No external noise pollution to the point of being annoying to the neighbors will be allowed. 14-4, MINIMIZE 45C aes8e,9 �B �6 CUP #006-96 PIN: 64C -A-3 Kevin W. Fox Submittal,Deadline P/C Meeting BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (The applicant if the XX owner other) NAME: rpvjn r ADDRESS: 687 Front Royal pike Winchester, VA 22602 TELEPHONE (54.0) 722-9593 2. Please list all owners, occupants, or parties in interest of the property: Kevin Wa ne'Fox and L nnette Lofton Fox, Owners Geneva Dean Collis holds DEED, and is providing "Owner -Financing" of purchase b4 Mr. and Mrs. Fox 3. The property is located at: (please give exact directions and include the route number of your road or street) 687 Front Roval Pike (522 South) „two houses north of Airport Road Route 645). 4. The property has a road frontage of _ 75.20feet and a depth of feet and consists of -1/7 acres. (Please be exact) (21,059 Sq.Ft.) S. The property is owned by Mr. and Mrs. Fox as evidenced by deed from Genpya P -Pa„o Co 7 1 i aG recorded (previous owner) in deed book no. 174 on page 3� 9_ 4 , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. 14 -Digit Property Identification No. _ _ onni Magisterial District Current Zoning RP "' -• 7. Adjoining Property: / 1 USE ZONING .�4 North Vacant Lot RP f" East Residence (Aooartments) RP_ South Residence _ RP West ResiciencP (p`rrml 8. The type of use proposed is (consult with the Planning Dept. before completing)__ Cottage OQrugation-Recording Studio WP rnrrPntlyset-up our eguipment in the house and record We Wn111 1ikA to rnnatr„rt n pormanpnt Rtudio in an existing 2 -car garage 9. It is proposed that the following buildings will be constructed: None. We are proposing to renovate an existing structure for the stated purpose. 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 Elmer A. AddresG 077 rrout Royal Pike Winchester 2260 Sherman Property ID# 64C00 -A-0000-0004 Preston Place Assoc. Address P.O. Box 5127 Richmond, VA 23220 C/O VA. Housing Devel FNgR?rty ID# 64000 -A -0000-045B Louise F. Address 117 Linden Drive, Winchester 22601 Givens Property ID# 64C00 -A-0000-0002 June H. Address 740 Front Royal Pike Winchester 2260 Russell Property ID# 6400-A-0000-0012 Address Property ID# Address Property ID# 12. Additional comments, if any: This is an existing- business -f License #5918) operating under the name F.M. Industries. We re seeking a C.U. Permit to allow us to apply for a buf1dina and electrical Permit to construct interior walls in existingour aro a and add heat and improved electric. Th_ business would then operate out of the garage and not the home as it does now. I (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must'be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board. of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Signature of Applicant Signature of Owner Owners' Mailing Address Owners' Telephone No. 6R7 Front Royal Pike -.Winchester -VA 22602 (540) 722-9593 TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: APPLE VALLEY 7 (k?03 Dec 15,x" 9:40 rJo.001 F.01 IS TO CERTIFY THAT 0,; NOVEMBER 30, 1994 1AN - SirUWN HEREON AND THAT THERE ARE NO EASFMENTS ORXNCROACHMEN1S,VISIBLSURVExO[N THOF E GROUNDSOTHF.m THAN 7'IIOSF. SHOWN HERL•'ON. '111 ; S LOT DOES NOT FALI. IN A FLOo H J q) 7.0[11:. SILVER DEV. 79/10J 5 05045'00"W 75.00' s — RECORD "LAT IS RECORDEll It' DEED BOOK 174 AT PACE 394, REMAINDER LOT 6 LOT 5 21,059 SOFT.' LOT 7 � r - r Cn m tD t` ai N � Z �— w o a in a Ln o Coo °� Co �n r z Thi r p�� O�Gf + 0 DAVID M. PURSTEHAU x Q .. � jGa 1i0. i45S1/2 ( of Fis �MO SURVE 373• •. To _ .r � R=57 4.58'' fps '_jROYAL T R=75.20' o FRON`7- ROYAL PIKE RTE. 522 n REMAINDER LOT 6 BLOCK 4 LELR M. MILLER SUBD. SHAWNEE DISTRICT FREDERICK COUNTY, VIRGINIA HOUSE LOCATION SURVEY 1 0ATE: NOV.30, 1994 FURSTENAU SURVEYING SCALE: = G Dww. Ry: S TEPHENS CITY. VIRGINIA 9 > A x; r PC REVIEW: 6/5/96 BOS REVIEW: 7/10/96 CONDITIONAL USE PERMIT #007-96 ROBERT C. FOWLER Outdoor Recreation Facility Shooting Range LOCATION: This property is located at 840 N. Timber Ridge Road in Cross Junction. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 3-A-18 PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) District; Land Use: Residential ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Area) District; Land Uses: Residential and Vacant PROPOSED USE: To establish a commercial shooting range business REVIEW EVALUATIONS: Vir inia Dept. of Transportation: Existing private entrance(s) is inadequate for proposed use. Minimum sight distances are not obtainable at the property to allow for the construction of a commercial entrance. Therefore, we cannot support a conditional use permit for this property. Health Department: See attached letter from John Dailey dated 4/24/96. Inspections Department: No comment required at this time; will comment if buildings are constructed in the future. Fire Marshal: Proper barricades should be installed to stop the projectiles from the firearms. Operating hours should be considerate to area residents due to the noise. Robert C. Fowler CUP #007-96 Page 2 May 13, 1996 Planning and Zoning: Outdoor shooting ranges are allowed in the Rural Area Zoning District with an approved conditional use permit. The ordinance requires that the application include plans for appropriate site layout and design to protect the safety of the public. These plans should show berms and other protective features. The plans submitted with this application are not adequate to determine that proper safety can be maintained. The property intended for the use is basically open with small scrub brush covering most of it. It is completely surrounded by natural wooded areas but these wooded areas are on the adjoining properties. The location of the proposed range is approximately 1/4 mile off Timber Ridge Road, Route 696, and is accessed by a private dirt driveway that is in very poor condition with a considerable number of potholes. Entrance into the driveway when headed north is reasonably safe with good sight visibility, and entrance when headed south is shielded because of the curvature of the road. Entrance back onto 696 from the driveway is very hazardous because of the site visibility; you cannot see traffic coming from the north until it is almost on top of you. A health system to serve the public is not available. Although the proposed site has the potential to accommodate this use, the other factors surrounding this application are very negative. MFF RECOMMENDATION FOR 6/5/96 MEETING: There are too many major negative issues surrounding this request to allow approval at this time. Staff believes this application should be denied for the following reasons: 1. Poor sight visibility at the intersection of the private drive entrance and Timber Ridge Road. VDOT also stated they could not support a CUP for this location because of the inability to put a safe commercial entrance into the property. 2. The condition of the driveway into the property, while not an overriding factor, makes it difficult to consider it a safe and reasonable access. 3. No approved health system to accommodate a public use. 4. Inadequate site development plan to provide proper protection to adjoining properties. Lord Fairfax Environmental Healtu District 800 Smithfield Avenue P. O. Box 2056 Winchester, Virginia 22604 (540) 722-3480 FAX (540) 722-3479 Counties of Clarke Frederick, Page, Shenandoah. Warren. and City of Winchester April 24, 1996 Robert C. Fowler 840 N. Timber Ridge Rd. Cross Junction, Va. 22625 RE: Health Dept. comments concerning a Conditional Use Permit (CUP) for a Commercial Outdoor Recreation Facility- Shooting Range for Robert C. Fowler; Frederick Co. Tax nap 3-A-18. Dear Hr. Fowler: The Health Department has the following comments concerning this CUP: 1. A method of permanent sewage disposal must be available for the patrons of the shooting range. Portable toilets are not acceptable for this proposed use. Applications for a sewage disposal system are available at the Frederick Co. Health Dept. located at 800 Smithfield Avenue. 2. According to the applicant, there is an existing well on the property. No water is to be made available for public consumption unless this well meets the requirements of a public water supply. 3. No food is to be served to the public unless the proper permits are obtained through the health dept. If you have any questions, call me at 722-3480. Sincerely, � rk John Dailey Environmental Health Specialist �y� CUP #007-96 Robert C. Fowler PIN- `3-A-18 1-4 ED APR 10 196Submittal Deadline MI P/C Meeting cl BOS Meeting I�I ATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. APPlicant (The applicant if the owner other) NAME: ADDRESS: TELEPHONE b -9-y 2. Please list all owners, occupants, or parties in interest of the property: 3. The property is located at: (please give exact directions and include the route cn�umber of your road or street) Z. Z i t /l rh I 1 r 3 $ 4. The property has a road frontage of feet and a depth of _ 3 -7 0,33 feet and consists of (Please be exact) %_ acres. 5. The property is owned by ; ,n oyh as evidenced by deed from recorded (previous owner) in deed book no. on page�—, as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. 14 -Digit Property Idetification No. Magisterial District1.131 Current Zoning R A- 7- Adjoining Property: ZA h 2E USE North i . East R South West ZA h 2E 8. The type -or use proposed is (consult with the Planning Dept. before completing) 9. It is proposed that the following buildings will be constructed: 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides, rear and in front of (also across street from) the property where requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this application: (PLEASE LIST COMPLETE 14 -DIGIT NUMBER. NAME o-7 �, Address Property ID# b r tl F� cM e/ � Gf , , J G n ►'� � Address pp Ta -� c 0 Property ID# 3 r� O/.� n- L"V' f 1 Address /'7G , C65.0 Property ID# JG 0. J� [ i Address��;,,�, bar !(d C;z Property ID# 2-o 6c,i'i ei) (r.��° tQ � / Address GO 7 N T Property YD# [Property Address ID# . P. c Gprmge, cl po U 59- Gct r r1 Woods S}oPR``Q. QMI'�i'Y1', F e� vl I 11 AC 1-6 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 ( a Owners' Mailing Address Owners' Telephone No. TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/678-0682 MEMORANDUM TO: Frederick County Planning Commission FROM: Evan A. Wyatt, Planner II RE: Commercial Outdoor Batting Cage Amendment DATE: May 22,1996 The Development Review and Regulations Subcommittee (DRRS) received a request from Matt Croke to allow commercial outdoor batting cages in the B-2, Business General District. Mr. Croke believes that this use is compatible with other commercial uses and would draw more users in a commercial setting than in a Rural Area District in conjunction with a Conditional Use Permit. Several issues were discussed with the DRRS including the ability to operate outdoors as opposed to an indoor facility, the scale and intensity of this use, and the impacts that this use would have on adjoining commercial uses, particularly quality shopping centers such as a use comparable to Creekside Village. The DRRS felt that this use would be appropriate in the B-2, Business General District provided that the scale and intensity of the operation would be limited and that language was created that would require the property owner to remove the outdoor facility should it become abandoned. Staff worked with the applicant to create language that limited the scale and intensity of the operation. However, staff did not believe that language should be created concerning abandonment if the use is permitted. Currently, the Zoning Ordinance only establishes procedures for legally nonconforming uses which become abandoned. Staff reported to the Planning Commission regarding this item on May 15, 1996. The Planning Commission directed staff to advertise this request for public hearing for the first meeting in June. Included with this memorandum is a letter from Mr. Croke, the proposed ordinance amendment which accounts for the use and the associated performance standards, and information regarding the various types of outdoor batting cages. Staff asks that the Planning Commission consider this request and forward a recommendation to the Board of Supervisors for final resolution. 107 North Kent Street • Winchester, Virginia 22601-5000 MATTHEW E. CROKE 102 Clarendon Court Winchester, VA 22602 (540) 667-2721 April 1, 1996 Mr. Evan Wyatt Frederick County Planning Department 107 N. Kent Street Winchester, VA 22601 Dear Mr_ Wyatt: Thank you for allowing me to present my case before the Development Review and Regulations Subcommittee on March 28th. I am glad the subcommittee voted favorably to recommend inclusion of outdoor batting cages in B-2 zoning. I understand the zoning ordinance must be specific enough to insure any outdoor batting cages wishing to establish in Frederick county must be neat in appearance and compliment any shopping mall. The outdoor cages must also be safe. The facility must insure no batted balls can leave the caged area and that no one can wander in and get hurt. Outdoor batting cages should be surrounded by a chain link fence. Inside this fence, the cages should be enclosed by heavy duty netting. These provisions should insure all outdoor cages are neatly packaged and safe. I am looking forward to working with you, and establishing a business in Frederick county. Sincerely, Ad e5u7l Matthew E. Croke PROPOSED AMENDMENT TO THE BUSINESS GENERAL DISTRICT Section 165-82B Allowed Uses AND THE SUPPLEMENTARY USE REGULATIONS IC Code Commercial batting cages operated outdoors ----- Section 165-48.4. Commercial batting cages operated outdoors. Commercial batting cages located in the B-2, Business General District shall meet the following requirements: A. Outdoor batting cage operations may be developed as stand alone facilities or may be located in conjunction with other permitted uses in the B-2, Business General District. B. Outdoor batting cage operations shall be constructed to meet the standards for rectangular cage systems and radial cage systems. Monopole cage systems shall not be permitted. C. Outdoor batting cage systems shall be developed within an area not to exceed 15,000 square feet. The perimeter of the outdoor batting cage facility shall be enclosed with an eight foot high chain link fence. D. Stock pipe utilized to support the outdoor batting cage net system shall not exceed twenty-five feet in height. E. Lighting fixtures for outdoor batting cage operations shall be engineered to reflect downward and shall not reflect light onto adjoining uses, properties, and road right-of-ways. Estimated Costs for a Standard Rectangular Cage System * Represents a 5% discount per machine ** Represents a 10% discount per machine For 14 machines we recommend the model MA -4 pitching machine and either our E-1 or EW elevator. For 5 or more machines we recommend the model MA -5 pitching machine and our Grand Central Station distribution system. This system includes an E-1 or EW elevator and a Central Hopper unit. Note: Ball prices are not listed due to the fact that the number needed varies from cage to cage. Balls may also be purchased from Master Pitching Machine, Inc. Prices effective 08/14/95 4200 NE Birmingham Road - Kansas City, NIO 64117 - (816) 452-0223 - FA,Y (816) 452-7581 This sheet only lists equipment that will be supplied by Master Pitching Machine, Inc. The customer will be responsible for concrete work, electrical work, lighting, chain-link fencing and all related supplies and labor. # of Cages MA4 Machine(s) Distribution System Galvanized Pipe Fittings & Netting Total From Accessories MPM 1 $ 2,583.00 $2,425.00 $ 775.00 $ 858.00 $1,197.00 $ 7,838.00 2 $ 5,166.00 $2,539.00 $1,184.00 $1,264.00 $1,949.00 $12,102.00 3 $ 7,749.00 $2,896.00 .$1,592.00 $1,673.00 $2,703.00 $16,613.00 4 $10,332.00 $3,171.00 $1,999.00 $2,079.00 $3,455.00 $21,036.00 # of Cages IVIA-5 Machines Distribution System Galvanized Pipe Fittings & Netting Total From Accessories MPM 5 $ 9,809.00* $5,900.00 $2,408.00 $2,487.00 $4,211.00 $24,815.00 6 $11,771.00* $6,025.00 $2,817.00 $2,893.00 $4,963.00 $28,469.00 7 $13,733.00* $6,150.00 $3,224.00 $3,301.00 $5,716.00 $32,124.00 8 $15,694.00* $6,275.00 $3,633.00 $3,708.00 $6,470.00 $35,780.00 9 $17,656.00* .$6,400.00 $4,041.00 $4,116.00 $7,223.00 $39,436.00 10 $18,585.00** $6,525.00 $4,450.00 $4,522.00 $7,977.00 $42,059.00 * Represents a 5% discount per machine ** Represents a 10% discount per machine For 14 machines we recommend the model MA -4 pitching machine and either our E-1 or EW elevator. For 5 or more machines we recommend the model MA -5 pitching machine and our Grand Central Station distribution system. This system includes an E-1 or EW elevator and a Central Hopper unit. Note: Ball prices are not listed due to the fact that the number needed varies from cage to cage. Balls may also be purchased from Master Pitching Machine, Inc. Prices effective 08/14/95 4200 NE Birmingham Road - Kansas City, NIO 64117 - (816) 452-0223 - FA,Y (816) 452-7581 �.,:_�"`�' r .:� .,., a ... .�•'.. .. - .,. .. - Estimated Costs for an Extended Monopole Batting Cage System This sheet only lists equipment that will be supplied by Master Pitching Machine, µ,c. The customer will be responsible for concrete work electrical work, lighting, chain-link fencing and all related supplies and labor. # of MA -5 Grand Central Galvanized Center Fittings & Netting Total From Cages Machines* Station** Pipe*** Pole**** Accessories MPM 6 $11,771.00 $6,025.00 $3,350.00 $1,000.00 $2,850.00 $11,545.00 $36,541.00 8 $15,694.00 $6,275.00 $3,805.00 $1,000.00 $3,450.00 $12,111.00 $42,335.00 10 $18,585.00 $6,525.00 54,255.00 $1,000.00 $3,950.00 $12,920.00 $47,235.00 * A 5% discount is reflected in the price of 6 & 8 machines and a 10 % discount is reflected in the price of 10 machines. ** The Grand Central Station includes an E-1 or EW elevator & a Central Hopper unit. *** The galvanized pipe consists of 3 1/2" (o.d.) perimeter pipe and 2" (i.d.) cage area pipe. **** The center pole includes the pole, winch, slide collar and cables. Local welding and erection of the center pole is required. The center pole is not galvanized. Note: Ball prices are not listed due to the fact that the number needed varies from cage to cage. Balls may also be purchased from Master Pitching Machine, Inc. rnces ettective 08/14/95 4200 NE Birmingham Road - ltansas Citv. MO F4117. (S I6) S-' 02 8 0FAX (816) 452-7581 COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 5401678-0682 MEMORANDUM TO: Frederick County Planning Commission FROM: Evan A. Wyatt, Planner II RE: Sewage Removal and Drain Cleaning Service Operations Amendment DATE: May 22, 1996 The Development Review and Regulations Subcommittee (DRRS) received a request from Randall R. Hamilton, P.C., to amend the Frederick County Zoning Ordinance to allow sewage removal and drain cleaning service operations in the RA, Rural Areas District with a Conditional Use Permit. Mr. Hamilton's request limits this type of operation to those that existed prior to June 1, 1978. The DRRS did not feel that this type of operation was appropriate in the RA, Rural Areas District based on the intensity of the use. Committee members felt that inappropriate development in the Rural Areas District would negatively impact the value and attractiveness of this zoning district. The DRRS also felt that this type of use was better suited for the industrial zoning districts that have been established by Frederick County. The DRRS did not recommend approval of the proposed amendment and directed staff to forward this item to the Planning Commission. Staff reported to the Planning Commission regarding this item on May 15, 1996. The Planning Commission directed staff to advertise this request for public hearing for the first meeting in June. Included with this memorandum is the proposed ordinance amendment as requested by Mr. Hamilton. This proposal calls for an amendment to Section 165-51, Conditional Uses, of the Frederick County Zoning Ordinance. Staff asks that the Planning Commission consider this request and forward a recommendation to the Board of Supervisors for final resolution. 107 North Kent Street • Winchester, Virginia 22601-5000 RANDALL R. HAMILTON, P.C. ATTORNEY AT LAW 113 SOUTH KENT S Lmm, WINaM 'TER, VIRGMA 22601-5051 (Sada) 667-1212 FACSUA .E (540) 667-3356 March 20, 1996 Mr. Wayne T. Miller Frederick County Planning Department 107 North Kent Street Winchester, VA 22601 Dear Mr. Miller: This is a Petition to amend the text of the Zoning Chapter of the Code of the County of Frederick, Chapter 165.1, et seq., as amended November 13, 1991. Mr. Donald R. Merritt and Mrs. Jeannie Merritt, husband and wife, residing at 558 Marple Road, Winchester, Virginia 22601, petition to amend § 165-51 (Conditional Uses) by insertion of the following text immediately after subsection 165-51 (X) (1): "Y. Sewage removal and drain cleaning service, provided that the following conditions are met: (1) Any such business shall have been in operation prior to June 1, 1978." As you know Mr. and Mrs. Merritt have run two businesses from their home for over seventeen (17) years. In this time there have been no complaints filed regarding the business and the entire operation could fairly be characterized as "non-offensive". Residents of Frederick County directly benefit from the location of Mr. Merritt's businesses due to decreased response time to emergency situations which may happen at any time of the night or day. hope the foregoing information will provide assistance in affording this petition favorable consideration. F AN Thank you for your timely assistance in this matter. With kindest regards, Sincerely, Randall R. Hamilton cc: Mr. and Mrs. Donald R. Merritt The Honorable Glenn R. Williamson, Assistant Commonwealth Attorney of Frederick County PC REVIEW: 6/5/96 BOS REVIEW: 7/10/96 Master Development Plan #005-96 Mosby Station & Mosby Station II LOCATION: Located between old Route 642 and relocated Route 642 MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 75-A-105 PROPERTY ZONING & PRESENT USE: Zoned: RP (Residential Performance) Current Land Use: vacant ADJOINING PROPERTY ZONING & USE: North: RP, Residential Performance Use: Residential; Agricultural; Vacant South: RP, Residential Performance Use: Vacant East: RA, Rural Areas Use: Residential; Vacant West: RP, Residential Performance Use: Residential PROPOSED USE: Residential - single family detached traditional and single family detached urban housing units REVIEW EVALUATIONS: Virginia Dept. of Transportation: (Mosby Station I) No overall objections to this property's preliminary master development plan. VDOT's minimum sight distance requirements will need to be met at the proposed street connections to existing Route 642. Also, a right-of-way dedication along existing Route 642 may be necessary to accommodate necessary improvements. Before making any final comments, this office will require a complete set of site plans, drainage calculations, and traffic flow data from the I.T.E. Manual, Fifth Edition for review. Prior to any construction on the State's right-of-way, the developer will need to secure the appropriate permits from this office to cover the work. (Mosby Station II) See attached letter dated 4/23/96 from Robert Childress. Mosby Station Preliminary MDP #005-96 Page 2 Sanitation Authority: (Mosby Station I) 1 st review - approved. (Mosby Station II) 1 st review - correct and resubmit one item. Inspections Dept.: (Mosby Station I & II) Building shall comply with Virginia Uniform Statewide Building Code and Section 310, Use Group R (Residential) of the BOCA National Building Code/1993. No additional comment required at this time. Fire Marshal: See attached letters from Doug Kiracofe dated January 30, 1996 (Mosby Station) and March 7, 1996 (Mosby Station II). Parks and Recreation: (Mosby Station I) Plan appears to meet open space requirements. (Mosby Station II) No comment. County Engineer: (Mosby Station I) (1) Additional storm water management may be required on the west end of the project area in the vicinity of Phase II. (2) Detailed site plans will be required for a majority of the lots in Phase II because of the steep terrain and incised drainage patterns. (Mosby Station II) Indicate location of storm water management facilities. Planning & Zoning: Note: The applicant originally submitted Mosby Station and Mosby Station II as two separate Master Development Plans. The Zoning Ordinance requires all contiguous land under common ownership to be planned simultaneously. Therefore, the applicant has combined the two plans into one project which is depicted on Sheet 1 of 3. The review agency comments have been provided as they were submitted for Mosby Station and Mosby Station II. These comments should be considered for the entire project. Project History The two parcels were originally zoned R-1 and R-3 as indicated on the original zoning maps for Frederick County (the 1966 USGS Stephens City Quadrant Map). The parcels experienced a zoning change to RP, Residential Performance when Frederick County eliminated the R-1, R-2, and R-3 zoning classifications. Conditional zoning was not available at that time; therefore, no proffers exist for the two properties. Project Scope Mosby Station is proposed to develop 85 single family detached urban residential lots on Mosby Station Preliminary MDP #005-96 Page 3 36.12 acres. ?,Mosby Station II is proposed to develop 17 single family detached traditional residential lots on 17.28 acres. This creates an overall gross density of 1.91 units per acre for the entire project. This type of residential development contains a mixture of housing types; therefore, a requirement exists for a minimum of 15% open space for the entire project. This requires the applicant to provide a minimum of 8.01 acres of open space which has been accomplished. It should be noted that Phase III and Phase IV within Mosby Station II is proposed for future commercial uses. The property is not currently zoned for this use; however, the County Attorney has indicated that these areas can be depicted in this fashion provided that appropriate notation is provided on the Master Development Plan. The Zoning Note located at the bottom left on Sheet 1 of 3 is acceptable to the County Attorney. Issues Staff believes that the following issues should be considered by the Planning Commission. 1) Transportation: The proposed developments are located on land that is between Macedonia Church Road and the relocated Route 642. The relocation project is underway and will be complete prior to the construction of this project. The Route 642 relocation project calls for the creation of a cul-de-sac on Macedonia Church Road just west of Wakeland Drive. Mosby Station and Mosby Station II are separated through the location of Warrior Drive. The VDOT has requested that two additional cul-de-sacs be created along Macedonia Church Road to ensure that the relocated Route 642 and the proposed Warrior Drive function as designed. This will create the need for a new road name on the portion of Macedonia Church Road that is located west of the proposed Warrior Drive. The cul-de-sacs need to be designed to ensure that they are constructed on the applicant's properties and not on the properties that are located on the north side of Macedonia Church Road. Statements need to be included on the Master Development Plan which describe the right-of-way dedication to Frederick County for the proposed Warrior Drive and describe the methods that will be utilized to construct Warrior Drive as a part of this development. This description should also specify the time frame in which this will occur. A cul-de-sac is proposed within the Mosby Station project which exceeds the maximum length requirement of 1,000 feet as specified by the Subdivision Ordinance. The proposed cul-de-sac is approximately 1,100 feet. The Planning Commission has the authority to allow this extension; however, it needs to be clear that no more than 25 lots are permitted along this local street. Mosby Station Preliminary MDP #005-96 Page 4 2) Storm Water Management: The facilities that will be created to accommodate storm flows need to be indicated. These areas should be delineated to ensure that they are feasible. 3) Environmental Features: The site currently contains a significant amount of mature woodlands, some areas of steep slope, and a natural drainage area as defined by the Zoning Ordinance. The Master Development Plan does not provide adequate information that demonstrates the disturbance of these areas. Staff would recommend that an environmental features sheet be created which clearly depicts the various features, the areas of disturbance, and appropriate calculations. 4) Road Efficiency Buffers: The Master Development Plan calls for the creation of an 80' road efficiency buffer along the relocated Route 642. This requirement exists because the relocated Route 642 is identified as a major collector road. The applicant has proposed to provide a full road efficiency buffer along the majority of this project which will be comprised of an 80' distance and a single row of white pines planted eight feet off center. Section 165-38E(3) states that a road efficiency buffer maybe reduced to 50' if full screening is provided. Section 165-37B(2) states that a woodland strip of 50 feet may be allowed as a full screen. The applicant may want to consider using existing mature woodlands to accomplish this requirement where possible. This would provide the applicant with additional usable land and would ensure that a 50 -foot strip of mature woodland is preserved on this site. STAFF RECOMMENDATIONS: Approval, provided that the applicant adequately address all review agency comments, all issues identified in the Planning and Zoning staff report, all concerns of the Planning Commission, and all concerns of the Board of Supervisors. COMMONWEALTH ®f VIRGINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY DAVID R. GEHR 14031 OLD VALLEY PIKE COMMISSIONER P.O. BOX 278 EDINBURG, VA 22824-0278 April 23, 1996 WILLIAM H. BUSHMAN. P.E. RESIDENT ENGINEER. TELE (540) 98,:-5601-' FAX (540 984-;007 REQUEST FOR MASTER DEVELOPMENT PLAN _COMMENTS MOSBY STATION II No overall objections to this property's preliminary master development plan. Individual private entrances will need to be installed to serve the single family dwellings proposed for Phases I & 11. If Phases III & IV are developed commercially in the future, then commercial entrances will be required for these parcels. A right-of-way dedication along existing Route 642 may be necessary to accommodate necessary improvements. To prevent existing Route 642 from attracting cut through traffic when Warrior Road is completed, it should be ended with cul-de-sacs in advance of the Warrior Road right- of-way. These cul-de-sacs should be constructed at the time Warrior Road is constructed between existing Route 642 and relocated Route 642. In the phrase "proposed cul-de-sacs by VDOT", by VDOT should be removed since this may not be the case. Also, as shown, both cul-de-sacs are located on the adjacent Wakeland Manor Land Trust Property. Is there some reason they are not located on the Mosby Station property? If located on the Wakeland Manor property, this property owner will need to be agreeable to their location. Perhaps right-of-way could be provided on both properties to accommodate the cul-de-sacs. Before making any final comments, this office will require a complete set of site plans, drainage calculations and traffic flow data from the I.T.E. Manual, 5th Edition for review. Prior to any work on the State's right-of-way the developer will need to secure the appropriate permits from this office to cover the work. RBC/rf xc: Mr. S. A. Melnikoff TRANSPORTATION FOR THE 21ST CENTURY January 30, 1996 Mosby Station Master Development Plan #0130960055 I've reviewed the Master Development Plan for Mosby Station, located on Rt. 642, in The Opequon Magisterial District. All Fire and Rescue issues will be addressed when the Subdivision plans are submitted for approval. The location of hydrants on the MDP was unclear, so I did not address them at this time. When subdivision plans are drawn, please include the following in the "General Construction Notes." 1. The burning of brush ans land clearing debris requires a burning permit from the Fire Marshal's Office. 2. The burning of construction debris on individual sites is prohibited. 3. At no time can hydrants be obstructed by building materials, parking of construction vehicles, dumpsters, etc. 4. When building begins, temporary street name signage, and address numbers must be put in place. 5. Access for emergency vehicles must be maintained to all buildings at all times. If there is anything further I can do to assist you with this project, please let me know. Douglas A. Kiracofe Fire Marshal cc: Jack Lake, Chief. Stephens Citv Fire and Rescue Co. Evan Wyatt, Planner Thomas W. Owens Director March 7,1996 G.W.Clifford and Associates 200 N. Cameron St. Winchester, Virginia 22601 Attn: Mr. Steve Gyurisin Dear Steve, COUNTY OF FREDERICK, VIRGINIA FIRE AND RESCUE DEPARTMENT 107 North Kent Street Winchester, VA 22601 Douglas A. Kiracofe Fire Marshal I've reviewed the Master Development Plan for Mosby Station II, which I have recommended Approval on. I would like to offer a few additional items which can be included on the subdivision plans, when you reach that point in this process. 1. Any burning of land clearing debris requires a permit from the Fire Marshal's Office. 2. Burning of construction debris on building sites is prohibited. 3. During construction of Phase I, access to the existing hydrant, on State Route 642, must be ensured, if it is to be counted as coverage for any new building lots. 4. Prior to construction beginning on any homes, temporary street signage must be in place, as well as street address numbers on individual lots. 5. At no time, is any hydrant to be blocked by construction materials. 6. Access to all buildings under construction must be maintained at all times, for emergency vehicles. Please let me know if I can be of any further assistance on this matter. Thank You. DouglasA. Kiracofe _ Fire Marshal cc: file Director (540) 665-5618 0 Fire Marshal (540) 665-6350 • Fax (540) 678-4739 Y FA i '� clJ�j`.', �4ti±,.t1l�T"�.eun w.. a a . _ .• ,� M1 z Frederick County, Vir inia Master Development Plan Application Package APPLICATION MASTER DEVELOPMENT PLAN 1. Project Title : Mosby Station 2. Owner's Name: Frederick Development Co. Inc. & James L. Bowman P.O. Box 2598 Winchester, Virginia 22604 (Please list the names of all owners or parties in interest) 3. 4. Applicant Gilbert W. Clifford k Assoc-. Inc (r/n SrPvp GyI]r; c; n) Address: 200 N. Cameron Street Winchester, Virginia Phone Number: 540-667-2139 Design Company: Gilbert W. C Address: ?nn N rumor Winchester-Urginia 22601 Phone Number: 540-667-2139 Contact Name: Stephen G3�urisjn Pare S Frederick Countv, Virginia Master Development Plan Application Package APPLICATION cont'd MASTER DEVELOPMENT PLAN 5. Location of Property: Located between old Route 642 and relocated Route 642. 6. Total Acreage: 36.12 Acres 7. Property Information: a) Property Identification Number (PIN): 75—A-105 b) Current Zoning: RP C) Present Use: Vacant d) Proposed Uses: Residential — SinQle Familv detached Urban e) Adjoining Property Information: a see attached sheet Property Identification Numbers Property Uses North Residential South Vacant East Residential/Vacant West RPsi d n _i al' f) Magisterial District: Shawnee S. 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 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 12 Frederick County, Virginia Master Development Plan Application Package 1. 2. 3. a. APPLICATION MASTER DEVELOPMENT PLAN Project Title : Mosby Station II Owner's Name: Jasbo Inc P.O. Box 6 Stephens City. Virginia 22655 (Please list the names of all owners or parties in interest) Applicant Gilbert W Clifford & Assoc ---J=- (Stephen Gvurisin.) Address: 200 N. Cameron Street Uinchester. Vir2inia 22601 Phone Number: t Design Company: Gilbert W. Clifford & Assoc., Inc. Address: 200 N. Cameron Street Virginia 22601 Phone Number: 540-667-2139 Contact Name: Step en Gyuri si n �T MAR ;045 Pa�,e I I 2/15/96 Frederick County, Virginia Master Development Plan Application Package 5. 6. APPLICATION cont'd MASTER DEVELOPMENT PLAN Location of Property: Lorntari het -ween nl d Route 642 and rel oratPH — Route 642_ Total Acreage: 7. Property Information: 9.9831 a) Property Identification Number (PIN): 75-A-1 05 b) Current Zoning: RP C) Present Use: Vacant d) Proposed Uses: Residential - �ingle Family detached urban e) Adjoining Property Information: see attached sheet Property Identification Numbers Property Uses North Residential South Vacant East Residential/Vacant West Residential i Magisterial District: Shawnee S. 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 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 1 PC REVIEW: 6/5/96 BOS REVIEW: 7/10/96 Subdivision Application #003-96 WRIGHT'S RUN LIMITED PARTNERSHIP LOCATION: This property is located at the southwest quadrant of Route 642 (relocated) and U.S. Route 522. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 76-A-53 PROPERTY ZONING & PRESENT USE: M1 and Vacant ADJOINING PROPERTY ZONING & USE: Rural Area (RA) and General Business (B2). Use is agricultural and vacant. SUBDIVISION SPECIFICS: A 10 acre lot being divided off from the 196.5625 acre parent tract. REVIEW AGENCY COMMENTS: Department of Transportation: We have no overall objections to the subdivision of this property. Prior to development, this office will require a complete set of site plans for review. Any entrances will have to be constructed to meet VDOT minimum design standards to allow for safe egress/ingress of the property. Without the benefit of knowing the proposed use of this property, it is impossible at this time to determine what impacts, if any, will occur to Route 642. VDOT will not be responsible for maintenance of the 60' ingress/egress easement shown on the plat. Sanitation Authority: No comment. County Engineer: We have no comments at this time. Depending on the future use of this parcel, stormwater management and erosion and sediment control will be required during the site development. Planning and Zoning: The owners of Eastgate Commerce Center (Wrights Run Limited Partnership) are financing the extension of water and sewer utilities to the Center to be logically installed simultaneously with construction of Route 642. Security for the loan Wright's Run Limited Partnership Subdivision #005-96 Page 2 involves the transfer of a 10 -acre parcel of M 1 zoned land as shown on the presented plats. This proposal would not meet ordinance requirements because there is no master plan and the property has no road frontage at this time. The understanding of approval, which will be enforced by the enclosed written agreement, is that the use of the property is restricted until a master plan is presented and road frontage is provided. This seems like a reasonable thing to do to assist the owners in getting the utilities extended to the property. Staff will ensure that the agreement is properly executed and recorded prior to final administrative approval of this division. Staff Recommendation for 6/5/96: Considering that the written agreement will preclude any use of this property until ordinance requirements are met, it seems reasonable to assist the owners by approving this request. File: K:\WP\CMN\COMMENTS\WRIGHTS SUB SUBDIVISION X005--96 PIN: 76—A-53 Wright's Run Limited Partnership APPLICATION AND CHECKLIST SUBDIVISION FREDERICK COUNTY VIRGINIA Date: .a l Application # �005-IL— Fee Paid Applicant/Agent: Gilbert W. Clifford & Associates Inc. Address: 200 N. Cameron Street Winchester, Virginia 22601 c/o Stephen M. Gyurisin Phone: 540-667-2139 Owners name: Wrights Run Limited Partnership Address: 1320 Old Chain Bridge Road, Suite 300 McLean, Virginia 22101 Phone: 703-820-2500 Fax: 703-820-2504 Please list names of all owners, principals and /or majority stockholders: Allan Hudson, Jr., Frank Maranto, SidneY L owir.. „Richard Peterson, City Miller Contact Person: Allan Hudson Jr, Phone: 703-820-2500 Name of Subdivision: Wrights Run, L.P. Number of Lots 2 Total Acreage 196.5625 Property Location: Southwest quadrant of Route 642 relocated and U.S. Route 522. (Give State Rt.#, name, distance and direction from intersection) Magisterial District Shawnee Property Identification Number (PIN)) 76 - ((A)) - 93 8 4/29/96 Property zoning and present use: M-1 zoning and Vacant use Adjoining property zoning and use: Has a Master Development Plan been submitted for this project? Yes No X 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) N/A Number and types of housing units in this development: Number N/A N/A Types 9 4/29/96 0 Final Plat A Portion of the Land of Wright's Run. L.P. Shawnee Mcaisterial District Frederick County, Virginia PROJECT AREA-'-"- Jo� � C o - 0 ap Vicinity Mj - - 5 • o h Y cti, p d Scalr 1,=2000' APPROVED BY Fred. Co- Sanitation Authority Planning Commission Subdivision Administrator Va. Deot. of Transportation Date Date Date Date OWNER'S CONSENT The above and foregoing subdivision of the land of Wright's Run L.P., as appears in the accompanying plats, is with the free consent and in accordance with the desires of the undersigned owners, proprietors, and trustees, if any. Dote NOTARY PUBLIC 1. a Notary Public in and for the Stare of Virginic, at large, do certify that wrlcse name :s signed to the foregoing Owner's Consent, has acknowledged the some before me -n my state_ Given under my hand this day of 1996. My commission expires SURVEYOR'S CERTIFICATE I hereby certify that the land contained in the accompnyina ,plats is a portion of the land conveyed to Wright's Run L.P. by deed dated July 14, 19e -a, said deet recorded ,n the Office of the Clerk of the Circuit Court of Frederick County, Virginia in, Deed 8ccx ?19 at pace 542. l.v— HOF P. Duane drown, L.S. P. DUANE .2, n BRAWN DATE: APRIL 22. 1996 I COVER SHEET I RILE#: "sub-olat.dwo" ND. 1285 gilbert w. clifford & associates, inc. ti ENGINEERS - LAND PLANNERS - _ SURVEYORS �" 150—C Olde Greenwich Drive 200 North Cameron Street '' Freaerk*Aourq, Argn{o ,^144o1 Win --ter. Vv7inla 22801 (540) 898-2115 (540) 987-2139 N44754'1 3" E 600.77' � too 200 .1 \\ I Graphic Scale in Feet I Z \ 1 1"=200' J\ I l �\ I Wright's Run L.P. (Remainder) > \\ I _ 186.5625 Acres Ln IM g N r'� 10.0000 Acres I a; 00 � N I I I � \ O \ I lCV 1 � lO O U N Q 1 W 10 co \ I IQ I tri p = 90'00'00" ~ R = 30.00' Ic Edwin E. SNheulen et ais Q /F Ln\ I 't A = 47.12' 1p D8 783 Pg. 191 d \ U' T = 30.00' I> I — CH — 42.43' CB = S00'05'47" E _ 'N 1, N I in cD O O W N, Q 137._53' N44'54' 13" E 660.00' o rn S44'S4' 13—W T i —T ? �' T -7—T-T-/--' ( �� / / / / / / / / w Wright's Run L.P, O 544.54' 1 3 W 782.54' (Remainder) 186.5625 Acres 60' Ingress—Earess Easement ...��y,TH OF r r P. DUANE O BROWN �z ww N0. 1285 J Final Plat A Portion of the Land of Wright's Run L.P. Shawnee Magisterial District Frederick Countv, Virainia DATE: APRIL 22, 1996 SCALE: 1"=200' I FILE i#' "sub-piat.awg' gilbert w. Clifford & associates, inc. ENGINEERS — LAND PLANNERS — SURVEYORS �HE�- 150—C ode Gramwkh Drive 200 North Cameron street C F FrsoeridcabuM Vlrylnka 22401 Winchester. Argnta 22801 - (540) 898-2115 (540) 887-2139 0 400 800 1600 I I I I �— Graphic Scale in Feet 1'--800' N/F William J. Heflin `\ Loretta Heflin - Q CO - / eq Wright's Run LP.; Wright's Run LP. \ F0 ' 1 N/F - 10.00 t1) John H. Sargent Acres Estate ✓ - G r Ingress-Ecress / Easement .\ N N/F Stanley L PasKei /Jean A. PaSKeI / N/F Wright's Run L.P. Cecil R. Patrick Alice F. Patrick N/F Edwin E_ Scheulen et als 01 I '?06 t N/F Heten Riley Lesko TH OF P. DUANE '2. o BROWN NO. 1cQ5 —7. _":C;• r� °Fer N/F �•\a�G Montie W. Gibson Final Plat A Portion of the Land of Wright's Run L. P. Shawnee Magisterial District Frederick County, Virainia DATE: APRIL 22, 199-6� SCALE: c�DO'!� FILE#: "sub-olat.awg•' gilbert w ENGINEERS — 15O -C Olde Greenwich Orta Freoerldc�C M Virginia :.24,01 (544) 898-2115 cliff ord & associates, inc. LAND PLANNERS — SURVEYORS �E` 200 North Cameron Street F Wincri—ter, VVginia 22801 (54,0) 887-2129 N cow a a 0 U) a A 0 LL LL 3 T Eastgate Commerce Park Preliminary Subdivision Plat r--aoo, fredErck County. Vkg"a 4 t i A '� ,, Agreement on Conditions for Approval of Subdivision of Parcel 76-A-53 The Applicant for subdivision and current property owner hereby acknowledges and agree that no use of the 10 acre industrial parcel, identified as a portion of PIN # 76-A-53 and shown on the plat of Gilbert W. Clifford & Associates, Inc. dated April 22, 1996, will be permitted and that Frederick County will not issue any building permits for said parcel unless and until a road is constructed to the property in accordance with applicable State and County requirements, or a road design which meets requirements of the Virginia Department of Transportation has been reviewed and approved by the appropriate agencies and is bonded. Applicant/Owner further acknowledges that approval of a Master Development Plan for 10 - acre parcel, as well as the remainder of the property zoned M-1, B-2 and B-3, will be required prior to any road construction or further subdivision of the property, and that a rezoning and revision to existing proffers will be necessary prior to approval of a Master Development Plan which reflects current road planning for the project. This agreement shall remain in effect until canceled by Frederick County and shall be binding on any future owner(s) of the land. Frederick County Wright's Run Limited Partnership D. Rainville (Contract Owner) MEMORANDUM TO: Planning Commission FROM: Wayne Miller, Zoning Administrator SUBJECT: Waiver Request, Walnut Grove Subdivision DATE: May 21, 1996 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/678-0682 Section 165-54 D. (2) of the Zoning Ordinance states that the Planning Commission may permit the 40% reserved parcel in a rural preservation subdivision to be made up of two parcels. Under this provision, the applicant is requesting a waiver to permit the configuration of his proposed subdivision as depicted on the attached plans. This parcel does not have enough frontage on White Hall Road to permit the division of two lots along the road. In actuality, putting the portion along White Hall Road in the 40% reserved parcel keeps houses from being placed along the road and makes the setting more preserved as rural area. The proposed road must be located at the depicted location because of VDOT requirements. Staff Recommendation: Staff believes the request will result in a better looking subdivision with a more reasonable layout of the lots . Approving this request would be a positive action. 107 North Dent Street - Winchester, Virlyinia 22601-7000 1) GREENWAY, -INC■ Surveying • Designing • Planning May 13, 1996 Mr. Wayne Miller, Zoning Administrator County of Frederick 107 N. Kent St. Winchester, Va. 22601 RE: Walnut Grove Subdivision Dear Wayne: E. Bruce Edens, L.S. President I hereby request a waiver of the requirement for a single 40% area parcel clause of Sec. 165-54 of the Frederick County code. The topography and location of acceptable drainfield sites make it impossible to achieve a practical lot configur- ation and keep the 40% area in one parcel. The front portion of the open space is divided by the proposed road due to requirements of VDOT that dictate this specific location for the entrance to Rt. 671. The rear portion is traversed by two high voltage power lines and I feel that it is desirable for this tract to remain open. Please forward this request to the Planning Commission for their consideration. c.c. Erdal-Jones Sincerely, 115_1� �r e H. Bruce Edens, LS President !iUlSn6'rrl,rrnr I( irrrhr,;lrr, I iryirrirr • 2260"' TrIephnne (540) 66-2-4IS5 FIX (.540) 7_22-9522 COUNTY of FREDERICK Department of Planning and Development 5401655-5651 MEMORANDUM FAX: 540/678-0682 TO: Frederick County Planning Commission FROM: Eric R. Lawrence, Planner I f�l �1' SUBJECT: Hill Valley Master Development Plan; Open Space Requirements DATE: May 22, 1996 Staff has received a request from Steve Gyurisin of G.W. Clifford & Associates, to permit more than the maximum percentage of environmental features in the required open space. The Zoning Ordinance states that no more than 50 percent of the required open space should consist of environmental areas. The Hill Valley Preliminary Master Development Plan contains open space that consists of 82 percent environmental areas, exceeding the 50 percent limit. Staff was made aware of this large percentage of environmental features, i.e.. steep slopes, located in the open space following the applicant's environmental features delineation. These actions occurred following the April 8, 1996, Hill Valley Preliminary Master Development Plan review by the Planning Commission. The Board of Supervisors reviewed the plan on May 13, 1996, and approved it contingent upon numerous items; the open space issue was one of the concerns. Attached are the open space calculations and explanations for Hill Valley, as submitted by Mr. Gyurisin. These calculations state that the percentage of steep slopes within the open space may be reduced by removing 2.18 acres of steep slope/open space and placing it within the single- family detached cluster lots. This action reduces the percentage of steep slopes in open space to 52 percent. The Planning Commission is asked to determine if it would be acceptable to permit steep slopes on more than 50 percent of the open space. If this is acceptable, is the Commission's preference to have 9.62 acres of open space (82 percent of which contains steep slopes), or 7.44 acres of open space (52 percent of which contains steep slopes)? The applicant would be required to demonstrate that all open space requirements are met during the subdivision review process. The Zoning Ordinance open space requirement states that "the Administrator, upon recommendation by the Planning Commission, may allow a larger amount of steep slopes to be utilized where the developer can demonstrate a viable plan to make these areas useful." Mr. Gyurisin requests that the Planning Commission exercise this action and make a recommendation to the Administrator. I will be available to answer any questions. 107 North Kent Street • Winchester, Vir-inia 22601-5000 gilbert w. cli f ford & associates, inc. 200 North Cameron Street • Winchester, Virginia 22601 540-667-2139 0 Fax: 540-665-0493 May 15,1996 Mr. Kris Tierney, Deputy Planner Frederick County Planning Department 107 N. Kent Street Winchester, Virginia 22601 RE: Hill Valley Master Development Plan Dear Kris: In accord with the recent Board of Supervisors' approval of the Hill Valley Master Development Plan, we request that you place us on your next available Planning Commission agenda. It is my understanding that you wish to have the Planning Commission confirm their understanding of the open space planned as part of the Hill Valley project. The plan calls for 9.62 acres of open space or 2.18 acres over the required minimum of 7.44 acres. The intent is to place as much of the steep slope area in open space, reducing disturbance and preserving steep slope environmental features. Rather than enlarging lots just to overcome the open space/steep slope criteria, lots are planned as cluster lots to protect environmental areas such as the steep slopes. Clustering homes for environmental protection of certain areas is a major feature of performance zoning and good planning practice, leaving the open space area in as much of a natural state as possible. Please let me know if this will be placed on your June 5, 1996 agenda. Thank you. Sincerely, & associates, inc. Stephen . Gyurisin SMG:d cc: Mr. C. E. Maddox, Jr., P.E Mr. Dave Holiday gilbert w. clif ford & associates, inc. 200 North Cameron Street • Winchester, Virginia 22601 540-667-2139 • Fax. 540-665-0493 HILL VALLEY Hill Valley consists of 54 single family cluster homes. For each lot that is less than 10,000 square feet, by given square footage, an equivalent square footage shall be added to the common required open space. If each lot was 10,000 square feet or greater in size, the required open space is 6.53 acres or 25%. This meets the required minimum open space area of 25% or one forth of the site. The total site area is 26.123 acres. The required amount of open space for Hill Valley taking into account the lot size requirement is 7.44 acres or 28%. Total Hill Valley Area: 26.123 acres Open Space Required: 6.53 acres or 25% Average Lot Size: 11,274 square feet Required Open Space with Lots: 7.44 acres or 28% Open Space Provided Using performance planning and engineering criteria, lot arrangement is designed to minimize impacts on required environmental factors. Lots are placed outside of the most severe environmental areas, part of the valley that follows Valley Mill Road. Additionally, open space is provided to connect to Blossom Drive to Shenandoah Hills and as buffer area along Greenwood Road. 9.62 acres or 36.8% open space is provided for Hill Valley. This is 2.18 acres of additional open space above the required amount. Lots are clustered to reduce environmental impacts and open space is enlarged to protect environmental features. Additionally, the enlarged open space area provided for the following features planned as part of Hill Valley overall master plan: Hill Valley - coni. • An emergency access point to Blossom Drive 0 A storm water management facility • Buffers along Greenwood Road • Continuation of open area connecting with Shenandoah Hills. Open Space and Steep Slopes Currently steep slopes account for 12.99 acres of the site. A majority of the steep slopes are in the valley area that follows Valley Mill Road. The amount of open space with steep slopes is 82%. Since disturbance of steep slopes is limited, to reduce the amount of open space in steep slopes, cluster lots may be enlarged placing the steep slopes in home lots rather than open space. Buffer area can be removed from open space and the 1.68 acre lot along Valley Mill Road reserved for individual ownership can be reduced in size to 1.5 acres. If 2.18 acres of open space in steep slopes was added to the total area in lots or buffer area, the result would be 3.9 acres or 52% of open space in steep slopes. Further, if the 1.68 acre lot was reduced to 1.50 acres, the resulting open space in steep slopes would be the required 50%.