HomeMy WebLinkAboutPC 11-06-96 Meeting Agendar
AGENDA
REDERICK COUNTY PLANNING
The Old Frederick County Cot
Winchester, Virginia
54) NOVEMBER 6, 1996
�Q�"�CALL TO ORDER TAB
of October 2, 1996 Meeting ...................................... A
Bi -Monthly Report .................................................... B
CommitteeReports ................................................... C
CitizenComments .................................................... D
PUBLIC MEETINGS
5) Conditional Use Permit 9013-96 of Painter -Lewis for "Hogue Creek Country Market,"
for an addition to the existing market and a two-bedroom residence. The property is
located at 47800 Northwestern Pike and identified with PIN 40 -A -66D in the Gainesboro
Magisterial District.
(Mr. Miller)......................................................... E
6) Conditional Use Permit #014-96 of Garris and Eva Poling to operate an antique shop.
The property is located at 212 Whitacre Road and identified with PIN 27 -A -72A in the
Gainesboro Magisterial District.
(Mr. Miller)......................................................... F
7) Conditional Use Permit 9015-96 of Wade and Julie Marrow to operate an automobile
repair business without body repair. The property is located at 624 Back Mountain Road
and identified with PIN 39-2-A in the Back Creek Magisterial District.
(Mr. Miller)......................................................... G
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8) Rezo.aing Application #006-96 of H. Clay DeGrange Estate to rezone 51.0540 acres
from RA (Rural Areas) to B2 (Business General). This property is located in the
northwest quadrant of the intersection of Rt. 50 West and Route 37. The parcel is
identified with PIN 53-A-68 in the Gainesboro Magisterial District.
(Mr. Tierney) ........................................................ H
DISCUSSION ITEMS
9) Waiver Request by Adams Family Limited Partnership for the disturbance of
environmental features as prescribed by section 165-31B(6) and 165-31B(7) of the
Zoning Ordinance for Master Development Plan #009-87 of Airport Business Center
(formerly Upper Valley Business Park). This property, is located at the intersection of
Airport Road (Rt. 645) and Front Royal Pike (Rt. 522), and identified with PIN 64 -A -
45D in the Shawnee Magisterial District.
(Mr. Wyatt)......................................................... I
10) Other
File: K:\WP\CMM96COVERS''.PC I i o AGN
MEETING MINUTES
OF THE
FREDERfCK COUNTY PANNING COMMISSION
Held in the Board Room of the Old Frederick County Courthouse in Winchester, Virginia on October
2, 1996.
PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; John R. Marker, Vice-
Chairman/Back Creek District; Marjorie H. Copenhaver, Back Creek District; John H. Light,
Stonewall District; Terry Stone, Gainesboro District; Roger L. Thomas, Opequon District; Richard
C. Ours, Opequon District; Robert A. Morris, Shawnee District; Jimmie K. Ellington, Gainesboro
District; George L. Romine, Citizen at Large; Robert M. Sager, Board Liaison; Vincent DiBenedetto,
Winchester City Liaison; and Jay Cook, Legal Counsel.
ABSENT: S_ Blaine Wilson, Shawnee District
STAFF PRESENT: Kris C. Tierney, Interim Planning Director; W. Wayne Miller, Zoning
Administrator; Eric R. Lawrence, Planner I; and Renee' S. Arlotta, Minutes Recorder.
CALL TO ORDER
Chairman DeHaven called the meeting to order at 7:00 p.m.
MINUTES OF SEPTEMBER 18, 1996
Upon motion made by Mrs. Copenhaver and seconded by Mr. Marker, the minutes
of September 5, 1996 were unanimously approved as presented.
BIMONTHLY REPORT
Chairman DeHaven accepted the Bimonthly Report for the Commission's information.
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COMM=E REPORTS
Develoement Review & Regulations Subcommittee (DRRS) - 09/26/96 Mtg.
Mr. Morris reported that the DRRS continued with their discussion on the commercial
and corridor appearances along the entrances to the City of Winchester. He said that one of the good
things that came out of the meeting was suggestions that this be fully discussed with a wide variety
of community interests, such as the Economic Development Commission, the Chamber of Commerce,
landscapers, etc.
Economic Development Commission (EDC)
Mr. Romine brought the Commission's attention to a couple of reports generated by
the EDC. He said that one report is generated by the "Call Team," which is composed of retired
businessmen who regularly call on local industry. Another report is generated by the EDC staff and
describes the various contacts they make with local business and industry each month. Mr. Romine
said that he planned to make copies of the report for the Commission's information.
PUBLIC HEARINGS
Conditional Use Permit #012-96 of Peggy Ruble to operate a shale mining business. This
property is located at 532 Hayfield Road and is identified with PIN 29-A-22 in the Gainesboro
Magisterial District.
Action - Recommended Approval
Mr. Miller stated that the proposed mining area is a wooded ridge area consisting of
8.190 acres and borders a five -acre residential lot, zoned RA. He said that the house on this lot is
approximately 200 feet from an area of the proposed mining site where some shale has been removed
for repair work on the very long existing private road that accesses the property. Mr. Miller
explained that the commercial mining will need to be at least 100 feet from the boundary of the
residential property. Mr. Miller added that anew road will need to be constructed from the site to
North Hayfield Road (Rt. 600) prior to commercial operation and VDOT has requested that a
commercial entrance be installed.
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Mr. Miller added that the Planning Staff received a letter from John and Rodella
Watach requesting that the operation be screened from view. In addition, he said a number of
telephone inquiries were received, including one -om a Ms. Susan French, an adjoining property
owner who stated that she was unable to attend the meeting, and that she was concerned about
precedent setting for future similar projects, the .potential for erosion, and the scale of the operation.
The location of the marsh area was discussed. Members of the Commission asked if
the proposed operation was classified as a strip mine or a pit mine. Mr. Miller replied that this was
a ridge, and that Mr. Ruble has removed shale from the point of the ridge to repair his road. Mr.
Miller said that basically, this will be more of a strip mine than a pit. Mr. Fred Ruble, the applicant's
son, pointed out that the State will not allow a pit mine.
In response to questions concerning regulatory agencies, Mr. Miller said that mining
is regulated by the State Bureau of Mines. He said that the State Mining Inspector for this area is Mr.
David Cress, who does the permitting and periodic inspections.
Mrs. Peggy Ruble, the applicant and property owner, came forward to speak. Mrs.
Ruble said that they have a small beef cattle and hay -making operation. Mrs. Ruble said she and her
son, Fred, needed something else to generate income on their farm. Mrs. Ruble said that cattle prices
are low and she doesn't make much money from the farming.
Chairman DeHaven called for anyone wishing to speak either in favor or opposition
to the conditional use permit and the following persons came forward:
Mrs_ Tina DeHaven, adjoining property owner, said that she and her husband,
Kenneth, are concerned about the destruction of her pond and surrounding marshland. Mrs.
DeHaven submitted a site investigation report which was done by Winchester Environmental
Consultants, Inc. on September 24, 1996. Mrs. DeHaven read the summary of the report, which
indicated that, "...the implementation of a shale pit would severely damage the habitat that has been
established on the DeHaven property... would include massive erosion, the loss of habitat for several
species of fish, birds, fresh water clams, and various other life forms organic to the area..." Mrs.
DeHaven also read a letter of opposition from her mother and father-in-law, Mrs. Mary I. DeHaven
and Mr. Kenneth S. DeHaven, who were not able to be present. Mr. and Mrs. Kenneth DeHaven's
objection was that soil erosion would destroy the pond and marshland, the noise and activity would
disrupt tranquil country living, and that wildlife would be affected.
Mr. Fred Ruble, Peggy Ruble's Son, stated that he was aware of the DeHaven's
concerns. Mr. Ruble said that he has three books of State regulations that must be adhered to before
and during operation and he assured the Commission that engineered drawings and approvals are
required. He explained that the State requires an approved operation plan and an approved
reclamation plan before he can even receive a mining permit. Mr. Ruble noted that the mine will be
inspected every six months. Mr. Ruble added that he owns the wetlands that Mrs. DeHaven is
speaking of and he also does not want that disturbed. He said thatthis will be a small operation --he
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only has one bulldozer and one truck --and he will not be doing any screening, crushing, or processing
of the shale. He further added that he and Mr. Cress have discussed methods to control sediment
run-off.
Mr. Warren Ruble, Fred Ruble's brother, stated that his home is located on top of the
bank from where the shale pit is located. Mr. Ruble said that his father and grandfather removed
shale from this area to fill holes along the creek many years ago. He said that there is an artesian well
within the wetlands, that they used for drinking water while farming. Mr. Ruble said that the road
will not cross the wetlands, they will be above the wetlands.
The Commission felt that it was possible to conduct this operation without bothering
the neighbors or disturbing adjacent properties. They were confident that the State agencies involved
would keep very close tabs on the operation.
Upon motion made by Mr. Light and seconded by Mr. Marker,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
recommend approval of Conditional Use Permit 9012-9b of Peggy Ruble to operate a shale mining
business with the following conditions:
All review agency comments and Frederick County Zoning Ordinance requirements shall be
complied with at all times.
2. No commercial mining operation shall be allowed until the proposed road to service this
operation is constructed and useable.
3. A state mining permit shall be obtained and kept current as required by the Code of Virginia.
Upon motion made by Mr. Light and seconded by Mr. Ours, the Commission
unanimously voted to make the letters, reports, and photographs a part of the official record.
Land Use Plan for the Route 11 North Area from Interstate 81, Exit 317, to Clearbrook.
Among other things, the plan recommends the extension of the Sewer and Water Service Area
to encompass the study area and identifies needed road connections and improvements.
Action - Recommended Approval
Chairman DeHaven stated that he would not participate in discussing or voting on this
5
subject because he owned property within the Route 11 North area. Mr. DeHaven turned the chair
over to Vice Chairman Marker.
Mr. Lawrence stated that in 1993, the County acknowledged a shortage of industrial
sites with rail access. Since that time, the Board of Supervisors directed the staff to develop a land
use plan for the Route 11 North area that would locate potential sites for future industrial
development. Mr. Lawrence said that the Comprehensive Plans & Programs Subcommittee, together
with the staff, held meetings with the public and joint meetings with the Planning Commission and
the Board and designated a 1,890 acre area from Route 11 North, from the Route 37/11 interchange
on the southern edge, up to Clearbrook for a land use study. He stated that the plan developed
proposes numerous potential locations for industrial sites, while addressing other land use issues that
presently exist.
Mr. Lawrence reviewed the key features of the proposed plan with the Commission.
He also provided the Commission with cost estimates, provided by the Sanitation Authority, to
provide sewer to the residences of the Stephenson Community (180 residences), assuming a sewer
main was already in existence up Route 11, along the railroad line. Mr. Lawrence said that it would
cost approximately $7,200, not including the tap fee or the fee to run the line from the sewer main
to the house. He estimated that it would be roughly $10,000 per household to hook onto sewer, if
it was available in that area.
Vice Chairman Marker called for citizen comments and the following persons came
forward to speak:
Mr. George Sempeles felt that the plan as presented had a lot of shortcomings,
especially if its main goal was to designate industrial areas for the County. Mr. Sempeles said that
he was in favor of running water and sewer up Route 11 to accommodate future growth, 20-30 years
from now. He felt that industrial sites should be located away from the center of town and the area
surrounding Crown, Cork & Seal, Route 11, and the Stonewall Industrial Park. He pointed out that
the industrial areas designated in the proposed plan have access roads coming off them to keep traffic
off ofRoute 11. Mr. Sempeles asked who was going to pay for these roads and who was going to
give access to build these roads. He said that the County needs industrial sites now.
Mr. Sempeles continued, stating that not enough industrial areas have been designated
in the proposed plan for the County to have an inventory down the road. He said that Frederick
County lost an industrial prospect recently due to the lack of sewer, water, and other factors. Mr.
Sempeles said that a possible industrial area has been suggested north of Clearbrook, which
encompasses approximately 500 acres, and the majority of the landowners are willing to work with
the County and proffer to help get the industrial base built up.
Mr. Sempeles added that his third concern was the amount of water and sewer
available. He said that if there is a bottleneck with only 400,000 gallons per day available and sewer
can't be extended further than Clearbook, then not much has been accomplished. He said that several
9
million gallons a day will be needed to service that area for future expansion. He further added that
there are some good industrial sites proposed in the plan, but even with water and sewer, they are not
ready because access roads, are needed to them now. He believed the County needed to look at
additional areas and incorporate them within this plan.
Dr. Raymond Fish, DVM, stated that he has been cooperating with other citizens in
the Stephenson/Clearbrook area for a number of months to encourage the County to extend the sewer
line in that direction. He ask that the County not take a short-range view of planning for this area
because it will cost more money in the long run and would restrict services the County could provide
to the property owners along the Route 11 Corridor. Dr. Fish said that there are so many people in
the Stephenson area who need and who have been promised sewer service, some for 20 years. Dr.
Fish felt the estimated cost per household of $10,000 seemed outrageously high to ask of the average
property owner, especially those who are retired and living on a fixed income. He believed that if a
hard look was taken at the situation, some savings or relief could be given to the average homeowner.
Dr. Fish stated that government needs to take a hard look at what it can do for its
citizens besides regulate them. He urged the Commission not only develop some industrial land,
which the County sorely needed to improve the tax base and which could justify the expense of
running sewer service, but would provide for growth 20-30 years in the future, rather than the next
five years. Dr. Fish suggested that the Commission not only look at the option of coming down the
railroad or Route 11 with the sewer line to serve that corridor, but also take a broader look at some
of the other industrial land that is available.
In conclusion, Dr. Fish felt it was unfortunate that the County was building a school
in this area on a drain field. He stated that if that money would have been put toward a sewer line,
it could have done a lot to relieve the proposed $10,000 tap fee per household. He added that it
sometimes seemed that County agencies are all going in different directions, instead of pulling in the
same direction.
Commission members asked Dr. Fish how he envisioned the effects of sewer and water
service on land use to the Route 11 Corridor in the next 20 years. Dr. Fish said he would like to see
a continuation of what is there now, which is a mix of residential, small business, and small industry.
Dr. Fish felt this made more sense than building a large industrial park which creates traffic flow
problems. He said that some of these industrial parks start out well, but have a great risk of becoming
an industrial wasteland.
In reference to some of the comments that were made, Mr. Tierney said that the
Planning Staff sees this plan as a first step and is not the final answer to the County's industrial sites
needs by any means. He said that sewer is certainly a concern, however, the problem is how does the
County pay for it. He explained that as long as we are dealing with conventional sewage treatment
plants, the cost is prohibitive in some areas. He further explained that the plan as it is currently
drafted would at least clear some obsticals to getting sewer in that direction. He said that the sewer,
if it were to go up Route 11, brings sewer that much closer to Stephenson and reduces the cost of
getting it to those residents. Mr. Tierney clarified that the $1.3 million dollar estimate assumes that
sewer is already up Route 11, so much more money would be involved if Stephenson was sewered
today.
Mrs. Copenhaver said that the Director of the Sanitation Authority, Wendy Jones,
pointed out that Stephenson is not a compact community --it is spread out over hills and will not be
either a simple matter or inexpensive to sewer.
Members of the Commission felt the Comprehensive Plan Subcommittee and the stall;
had done a good job of producing a land use plan with definitive boundaries that would support
economic development. They felt this plan was a first step and represented significant progress from
where the County first started.
Some Commissioners felt, however, that at some point, the County needed to address
the sewer issue, if it is serious about economic development in this corridor or any place else in the
County. A point was made that it was a false assumption to believe that, number one, there was
capacity to accommodate it --one industry could wipe out the entire existing capacity --regardless of
how much land was identified for economic development; and two, that industry would now flock
to this area simply because there was a land use plan. It was noted that the County will discuss
incentives such as tax reduction, etc. with economic prospects, but will not build a sewer system for
them. Members of the Commission felt that the overall goal of economic development fell short
because of this. Other members of the Commission were not in favor of installing sewer with public
money.
Upon motion made by Mr. Thomas and seconded by Mr. Romine,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
recommend approval of the proposed Land Use Plan for Route 11 North and recognizes this as a first
step in its progress towards supporting economic development.
(Mr. DeHaven and Mr. Light abstained from vote.)
OTHER
Appointment of Todd D. Shenk to the Comprehensive Plans & Programs Subcommittee
Chairman DeHaven stated that Mr. Todd D. Shenk has agreed to serve on the
Comprehensive Plans & Programs Subcommittee as a citizen at large member. Chairman DeHaven
said that Mr. Shenk will fill a vacancy on that committee.
"8
ADJOURNMENT
No further business remained to be discussed and the meeting adjourned by unanimous
vote at 8:30 p.m.
Respectfully submitted,
Kris C. Tierney, Interim Planning Director
Charles S. DeHaven, Chairman
BIMONTHLY REPORT OF PENDING APPLICATIONS
(printed October 24, 1996)
Application
newly sub
REZONINGS:
MASTER DEVELOPMENT PLANS:
Carriebrook (NMP#008-96)
Shawnee ---Fcommer./Ofrices
Location:
N. W, quadrant of Rt. SOW/ Rt. 37 Intersection
Submitted:
10/18/96
PC Review:
11/06/96
BOS Review:
12/11/96 - tentatively scheduled
MASTER DEVELOPMENT PLANS:
Carriebrook (NMP#008-96)
Shawnee ---Fcommer./Ofrices
on 20 ac. (B2)
Location:
Ea. of Macedonia Ch. Rd; So. of 1-81/37 intrsctn at
Kernstown; No. of Sanitation Authority Hdqrtrs.
Submitted:
09/23/96
PC Review:
10/16/96 - recommended approval
BOS Review:
11/13/96 " tentatively scheduled
Frederick Co./I-81 Indust.
Pk. (MDP #009-96)
Back Creek Industrial Use on 85.18 ac. (AU)
Location:
Ea. side Rt. 11 So., .5 mi. no. of Rt. 37/Rt.. 11 intrsectn.
Submitted:
09/23/96
PC -Review:
0/16/96 - recommended approval
BOS Review:
11/13/96 - tentatively scheduled
Mosby Station, Sect. I & II
(MDP #005-96)
Opequon 1.02 SF Detached Residential on
36.12 acres (RP)
Location:
Between old Rt. 642 & relocated Rt. 642
Submitted:
05/02/96
PC Review:
06/05/96 - recommended approval
BOS Review:
07/10/96 - approved
Admin. Approved:
Awaiting completion of review agency comments
SUBDIVISIONS:
Greenwood Rd. (SUB #007-
95)
Shawnee
Subdivision of 2.837 ac. into five
lots (RP)
Location:
W. Side of Greenwood Rd (Rt. 656) approx. 1,400'
north of Sensen Rd. (Rt. 657) intersection
Submitted:
07/22/96
PC Review:
08/21/96 - Recommended Approval
BOS Review:
09/11/96 - Approved
Admin. Approval:
Awaiting signed plats.
Fredericktowne Est. Sect.
14 & 15 (SUB #004-96)
Opequon
33 SF Trad. Lots on 9.9804
Acres (RP)
Location:
East of Stephens City; N.E. of Sections 11-13
Submitted:
05/02/96
MDP #007-88
Approved 12/05/88
Admin. Approval:
Section 15 Pending; Section 14 Approved 07/30/96
(Valley Mill Estates (SUB)
Stonewall 21 SF Trad. Lots (RP)
Location:
No. Side of Valley Mill Rd. & East of Greenwood Rd.
Submitted:
10/23/95- .
MDP #001-95
Approved 04/26/95
Pending Admin. Approval: -
Awaiting bonding, signed plats, & deed of dedication
Winc-Fred Co. IDC (SUB)
Back Creek 2 -M1 Lots *Z52 a� 24,283
acres)
Location:
Southeast side of Development Lane
Submitted:
09/08/95
MDP #003-87
Approved 07/08/87
PendingAdmin. A royal
Awaiting signed plats.
RT&T Partnership
Back Creek
1 Lot - 29.6 Acres (B2)
Location:Valle
Pike (Rt. 11 So.)
Submitted:
Irovah
05/17/95
MDP #003-91
Approved 07/10/91
PendingAdmin. A
Awaiting submission of signed plat & deed of dedication
Briarwood Estates (SUB)
Stonewall
20 SF Det. Trad. Lots (RP)
Location:
Greenwood Rd.
Submitted:
01/03/94
MDP #005-93
A roved 12/8/93
Pending Admin. Approval:
Being held at applicants request.
3
Abrams Point, Phase I
(SUB)
Shawnee 23.0 SF Cluster & Urban Lots
(RP)
Location:
South side of Rt. 659
Submitted:
05/02/90
PC Review:
06/06/90 ATproved
BOS Review:
06/13/90 Approved
Pending Admin. Approval:-
Awaiting deed of ded. , letter of credit, and signed plat
Harry Stimpson (SUB)
Opeguon
Two B2 Lots
Location:
Town Run Lane
Submitted:
09/23/94
PC Review:
10/19/94 Approved
BOS Review:
10/26/94 Approved
Pending Admin. Approval:
Awaiting signed plat.
SITE PLANS:
Miller Milling East Co.
(SP #043-96) .---
now ft Add ijan to,
-1
Location:
f.
ome (RP &
Location:
pApproved:.-! 9
Ben-yville Pike
Submitted:
10/08/96
Pending
LPending
Miller Milling East Co.
(SP #043-96) .---
Stonewall Bldg- Addition (mill) on 0.91 ac.
1 of a 82.136 ac. parcel (Ml)
-1
Location:
302 Park Center Drive; Fort Collier Industrial Park
Submitted:
09/23/96
11
Approved:
Pending
Allied Wood Products (SP
#042-96)
Stonewall 9,424 sq -ft. Storage/warehouse
bldg. (Ml)
Location:
2546 Martinsburg Pike
Submitted:
09/19/96
Approved:
10/08/96
Garrett Dentist Office (SP
#040-96)
Opequon
(�120 sf office on 26,720 sf lot
F3
1)
Location:
Northeast intersection of Aytor Rd. & Hyde Ct.
Submitted:
08/27/96
-Approved:
Pending
Premier Place Travel
Agency & Residence
Off: 500 sf; Resid. 2,000 sf; on
96) 15,967 sf lot (B2)
Location:
er Place
E08/27/96
Submitted:
08/23/96
A roved:
Preston Place T.H. Phase H
(SP #039-96)
Shawnee44 T.H. Units on 2.7 ac. of a
14.59 ac. site (RP)
Location:
No. Side of Airport Rd. (Rt. 645), approx. 289' east of
Front Royal Pike (Rt.522)
Submitted:
08/23/96
Approved:
Pending
Stephenson F-mmanual
U.M. Church (SP #038-96)
Stonewall 1,500 sf addition on 3.3515 ac.
tract (RA)
Location:
2720 MartinsburgPike
Submitted:
08/21/96
A roved:
Pendin
Frederick Veterinary
Hospital (SP #037-96)
Opequon
Veterinary Hospital on .50 ac.
of a 2.05 ac. site (RP)
Location:
East side of A
for Rd (Rt. 642); so. of Westmoreland Dr
Submitted:
08/21/96
A proved:
Pending
Winchester Regional
Airport (SP #036-96)
Shawnee T -Hangers & Taxiways on 3 ac.
of a 472 ae. site (AP1)
Location:
Winchester Re ional Ai rt; 491 Airport Road
Submitted: -
O8r20/96
A roved:
Pending
Kenneth D. & Theresa
Kovach (SP #035-96)
Shawnee
1,040 sf addit. on 0.26 ac. of a
0.84.86 ac. tract (Ml)
Location:
230 Arbor Court
Submitted:
08/14/96
Approved:
Pending
Hardees Mobile Oil
Conven. Cntr (SP #050-95)
Back Creek Conven. Cntr/Rest. on a 1.0727
ac. site (RA) (CUP #011-95)
Location:
Southeast corner of Rt. 50 W and Ward Avenue
Submitted:
12/20/95
Approved:
Pending completion of agency requirements.
Kohis Distribution Facility
(SP #03496)
Shawnee Warehouse Distrib;- 38 disturbed
ac. of 53.27 ac, site (Ml)
Location:
Airport, Rd (Rt. 645) in .the Airport Business Center
Submitted:
08/02/96
Approved:
Pending
Furlongs Sheet Metal (SP
#032-96) (B2)
Stonewall .
5,040 sf bldg on 0.569 ac. of
0.583 ac. site for refrig. re air
Location:
Southeastern side of Baker Lane
Submitted:
07/17/96
Approved:
10/22/96
V/
Stimpson/Rt. 277 Oil &
Lube Service (SP #030-96)
Opequon
OR & Lube Serv., Car Wash,
Drive-Thru on 2.97 ac. (B2)
Location:
152 Fairfax A.(behind
Red Apple Country Store
Submitted:
07/03/96
A roved:
Pending
Stonewall Mini -Storage (SPGainesboro
#028-96)
Mini -storage on .25 ac. of a 2.56
ac. tract (M1)
Location:
120 Lenoir Drive
Submitted:
06/20/96
11 Approved:
Pending
The Corners Restaurant
(SP #027-96)
Back Creek Addition to a restaurant on 0.10
acres of a 1.245 ac. site (RA)
1
Location:
1429 South Pifer Road
Submitted:
06/10/96
Approved:
10/23/96
Flying J Travel Plaza (SP
#026-96)
Stonewall Travel Plaza on 15 acres (B3)
Location:
S.W. corner of the intersection of I-81 & Rt. 669
Submitted:
05/23/96
A proved:
Pending
_ •40
Cedar Creek Center (SP
#025-9b)
Back Creek Museum on 0.485 ac. of a 3.210
acre parcel (Bl)
Location:
8437 Valle Pike (Rt. 11), Middletown
Submitted:
05116/96--
A roved:
Pending
AMOCO/House of Gifts
(SP #022-96)
Gainesboro Gas Pump. Canopy 880 sq. ft.
area -of a 0.916. acre el -(RA)
Location:
3548 North Frederick Pike
Submitted:
05/08/96
A roved:
Pendin
Dr. Raymond Fish (SP
#023-96)
Stonewall Mini -Golf Facility on 5,000 sq.
ft. of a 16 acre parcel (B2)
Location:
S.E. Corner of I-81/Ho well Rd. Intersection
Submitted:
05/09/96
Approved:
Pending
Parkview Apts. (formerly
Valle Mill Apts.)
Shawnee .76 -unit apartment development
(SP #020-96) on 7.684 acres (RP)Location:
Corner of Rt. 658 & Rt. 659
Submitted:
04/12/96
A roved:
Pendin
Stonewall Elem. School (SP
X019-96)
Stonewall
I
Location:
School Bldg; developing 8.22 ac.
I of a 10.0122 ac. parcel (RA)
Location:
3165 Martinsburg
Pike, Clearbrook
Submitted:
04/11/96
Approved:
1 10/21/96
American Legion Post #021
(SP #018-96)
Stonewall Addition to lodge building on
3.4255 acre site (B2)
Location:
1730 Berryville Pike
Submitted:
04/10/96
Approved:
Pending
Dominion Knolls (SP #010-
96)
Stonewall
180 TH on 20.278 ac. (RP)
Location:
Intersection of Baker Lane and Gordon Street
I
Submitted:
02/21/96
Approved:
Pending
Pegasus Business Center,
Phase I (SP #007-96)
Shawnee Office, Misc. Retail, Business on
2.5 ac of a 6.0623 ac site (B2)
Location:434
Bufflick Road
Submitted:APending
02/14/96
Approved:
10
D.K. Erectors & Main-
tenance, Inc. (SP #031-93)
Gainesboro Indust Sery/Steel Fabrication on
1 a 10 acre site (MB)
Location:
4530 Northwestern Pike
Submitted:
12/28/95
Approved: I
Pendia
Wheatlands Wastewater
Facility (SP #047-89)
Opequon Treatment Facility on 5 Acres
Location:
So. West of Double Tollgate; ad'. & west of Rt. 522
Submitted:
09/12/89
Note:
-Being held at a licant's r uest.
Flex Tech (SP #057-90)
Stonewall
Ml Use on 11 Ac. (Ml)
Location:
East side of Ft. Collier Rd.
Submitted:
10/25/90
Note:
Being held atapplicant's request.
CONDITIONAL USE PERMITS:
Location: 11 1721 Wardensville Grade
Submitted: II 10/21/96
PC Review: II 12/04/96
BOS Review: 1101/08/97 - tentatively scheduled
11
Peggy Ruble (CUP #012-96)
fri ,. fF
it s &;T it Eo :CUp•
Location:
�(.•� 9
[Location:
Submitted:
09/06/96
PC Review:
10/02/96 - recommended approval
212 Whitacre Road in Gore
Submitted:
09/27/96
PC Review:
11/06/96
BOS Review:
11/27/96 - tentatively scheduled
Peggy Ruble (CUP #012-96)
1 Gainesboro
I Shale Mining (RA)
Location:
532 North Hayfield Road
Submitted:
09/06/96
PC Review:
10/02/96 - recommended approval
BOS Review:
11/13/96
Painter -Lewis, P.L.C.
(CUP #013-96)
Gainesboro
1
Country Market/Drive-Thru
1 Food Service (RA)
Location:
4780 Northwestern Pike
Submitted:
09/16/96
PC Review:
11/06/96
BOS Review:
12/11/96 - tentatively scheduled
12
C. Fowler (CUP
)
Gainesboro
Comm. Outdoor Rec. Facility/
Shootin Ran a (RA)
n:
840 North Timber Rid a Road
ed:
F
05/10/96
iew:
06/05/96 - tabled; 09/04/96 - recommended approval
view:
10/09/96 - Approved
VARIANCES:
Gene E. Welch
(VAR #016-96)
Shawnee 10' front yd setbk for addition
1 to existing residence
Location:
1773 Macedonia Church Road
Submitted:
09/12/96
BZA Review:
10/15/96 - Approved
Glaize & Brothers
(VAR #017-96)
Shawnee
30' buffer dist. reduction & a
reduction of screening req. (B2)
Location:
133 Premier Place (Lot #3)
Submitted:
09/20/96
BZA Review:
10/15/96 - Approved
13
Anthony J. Harper
(:'AR #018-96)
Stonewall
10' front setback variance for
construction of residence (RP)
Location:
106 Hi hview Rd., Opeguon Est. Lot 14, Section 1
Submitted:
09/20/96
BZA Review:
10/15/96 - Approved
14
PC REVIEW: 11/6/96
BOS REVIEW: 12/11/96
CONDITIONAL USE PERMIT #013-96
PAINTER-LEWIS, P.L.C.
Hogue Creek Country Market
LOCATION: This property is located at 4780 Northwestern Pike.
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 40 -A -66D
PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) District; Land Use:
Residential
ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land Use:
Residential and a right-of-way
PROPOSED USE: Country market addition with drive-through food service and to add an
accessory dwelling to the site.
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: No objections to a conditional use permit for this
property. The existing commercial entrances are adequate for the proposed expansion.
However, should use ever expand in the future, the entrances may have to be upgraded.
Inspections Department: Building shall comply with Virginia Uniform Statewide
Building Code and Section 303, 309, Use Group A (Assembly) 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 20% Rule applies for addition and renovations. Will need
to show ADA Parking and Unloading. The Virginia A/E Seal is required on plans
submitted for permit of Assembly Use. Questions on the location of the grease
interceptor for kitchen drainage system.
Painter -Lewis, P.L.C. - CUP #013-96
Page 2
October 24, 1996
Fire Marshal: No comments.
Commonwealth of Virginia Department of Health, Office of Water Programs: (See
attached letter from Harold T. Eberly, District Engineer, dated 8-21-96.)
Planning and Zoning: Conditional use permit #017-87, approved by the Board of
Supervisors on October 14, 1987, originally authorized the Hogue Creek Country Market
in its present configuration. The original permit required a new permit for expansion
and/or change of use, the reason for this application being presented. The proposed
expansion is for a drive-through food service to be added to the western end of the
existing country store. This appears to be a reasonable request and staff supports
approval of this request. A site plan would need to be submitted for the addition to the
store and significant issues associated with this request can be addressed at that time. A
portion of this request also requests approval for the addition of another two-bedroom
accessory residence to this property. The ordinance does permit one accessory residence
with a business which must be occupied by the owner, an employee or watchman. This
already exists in the form of the residence of the owner, Mr. Owens. Since the existing
residence was built after the market was completed, it is the Planning Staffs opinion that
the existing dwelling is accessory to the business and that an additional dwelling on the
property is not permitted. Our ordinance clearly limits residences to one per lot and
allowing this to occur would be an unwarranted precedent. The zoning and size of the lot
does not permit further division of this property.
Staff Recommendation for 11/6/96: Staff recommends approval of the portion of this permit
to allow expansion of the market and denial of the portion of the permit requesting the additional
residence on the property. If the portion allowing expansion of the market is approved, the
following conditions are recommended:
1, A site plan must be submitted and approved for the proposed addition prior to any
construction activity.
2. Any future expansion of this facility or change in use will require a new conditional
use permit.
3. All review a�(Tencv comments and requirements must be complied with at 0 times.
COMMONwEALTH of VIRGINIA
RANDOLPH L GORDON, M.D., M.P.H. Department of Health ROCKBRIDGE SQUARE SHOPPING CENTER
COMMISSIONER Office of Water Programs 131 WALKER STREET
LEXINGTON, VIRGINIA 24450-2431
Environmental Engineering Field Office PHONE (540) 463.7136
FAX. (540) 463-3892
21 August 1996
SUBJECT: Frederick County
Sewerage - NPDES Permits (Hogue Creek
Country Market)
Mr. John C. Lewis, P.E.
Painter -Lewis, P.L.C.
24 East Piccadilly Street
Winchester, Virginia 22601
Dear Mr. Lewis:
This is in response to your letter of 15 July 1996 requesting comments on the proposed
improvements to the Hogue Creek Country Market. Based on our review of the information
provided and limited information in our files, we offer the following:
1. The projected wastewater flows (950 gallons per day [gpd]) should be within
the treatment capabilities of the retail outlet's existing 1000 -pd wastewater
treatment facilities. This observation is based on separate treatment facilities
being provided for the retail outlet and existing residence and metered water
use provided.
2. Neither the site plan nor available permit site sketches indicates the presence
of chlorination, dechlorination, or post aeration facilities for the retail outlet
treatment facility. Therefore, it appears that these unit processes will be
needed to insure compliance with effluent discharge limits.
3. The status of the NPDES permits should be verified. Discussions with the
Department of Environmental Quality indicate that two permitted discharges
exist for this property and that renewal of one permit, believed to be the
existing residence, has not yet been accomplished.
In accordance with the above comments, this office has no objection to the proposed Hogue
Creek Country Market improvements provided adequate treatment capacity is available, a valid
discharge permit exists, and any necessary local approvals are obtained.
Mr. John C. Lewis 2 21 August 1996
: y SUBJECT: Frederick County
Sewerage - NPDES Permits (Hogue Creek
Country Market)
Should you have any questions, do not hesitate to contact me.
Very truly yours,
Harold T. Eberly
District Engineer
HTE/bt/08213.doc
cc Frederick County Health Department
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CUP #013-96
PIN: 40—A
-66D
I
Painter—Lewis,
P.L.C.
.s
Submittal Deadline
P/C Meeting
BOS Meetings
APPLICATION FOR CONDITIONAL USE PERMIT
FREDERICK COUNTY, VIRGINIA
0/>- 46
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I l - 2'%-9 1
1. Applicant (The applicant if the owner _ X... other)
NAME: ukn 2.-
ADDRESS: 9L. 'plu �r�� t-i.`Z 5T �1 �LCt�-dSTc� Q,�/p• Z. Z(av 1
TELEPHONE 44= _712 - Q3�7
2. Please list all owners, occupants, or parties(6-' niterest-:of
the property: 4a^\
3. The property is located at: (please give exact directions and
include the route number of your road or street)
�.o�rTg
SC a` -t IF t Cr7
4. The property has a road frontage of feet and a
depth of AZA} feet and consists of S.� acres.
(Please be exact),
5. The property is owned by'-C�0C,La�s �„ D�,U7L)S as
evidenced by deed from tom[ recorded
(previous owner)
in deed book no. 62Z,5 on page 2 3(., , as recorded in the
records of the Clerk of the Circuit Court, County of
Frederick.
6. 14 -Digit Property Identification No. Z{Q
Magisterial District A�ueS
Current Zoning
7. Adjoining Property:
ZONING
ZA
jZ �
USE
North
'�T�r--�--rikL
East
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South
,e,� Ir) WtA-rt �(-
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ZONING
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8. The type of use proposed is (consult with the Planning Dept.
before completing)
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Ti -k 2 U6%4 :.cC.�3 /�T.L� �4Gt-c�aS�'2�`Y 17t� ► ��1Gr ice- R�Fac �S c S
9. It is proposed that the following buildings will be
constructed:
awn IMc11l V1 age +� SF Tv 7144 eYt �iG �1�CLti�f
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 1416 006- 4p C Q2aGk (. &+je `t Z
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Property ID#
W t't 3K�2RCs+¢.�i Address
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12. Additional comments, i=f any:
Gltx.d� Gt, G
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 Applicants '
Signature of Owner
Owners' Mailing Address Z-H3jrJ
Owners' Telephone No. e-11 Z(oZZ
TO BE COMPLETED BY ZONING ADMINISTRATOR:
USE CODE:
RENEWAL DATE:
MA
PC REVIEW: 11/6/96
BOS REVIEW: 12/11/96
CONDITIONAL USE PERMIT #014-96
GARRIS AND EVA POLING
Antique Shop
LOCATION: This property is located at 212 Whitacre Road in Gore.
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 27 -A -72A
PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) District; Land Use:
Residential
ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land Uses:
Residential
PROPOSED USE: To operate an antique shop business.
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: No objections 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 right-of-ways must be covered by a land use permit. The
permit is issued by this office and requires an inspection fee and surety bond coverage.
Gams & Eva Poling, CUP #014-06
Page 2
October 24, 1996 _
.0
Inspections Department: Building shall comply with Virginia Uniform 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 Building Access shall be required.
Fire Marshal: No comment.
Health Department: Health Department has no objection as long as there are no additional
employees other than property owner, the proposed building is located no closer than 10' to
any septic component, and the restroom facilities at the existing house are accessible to the
antique shop occupants.
Planning and Zoning: Antique shops are permitted in the RA district with an approved
CUP. Applicant is proposing to build a 36'x 50' building to house the proposed use. During
a visit to this location on October 22, 1996, staff was advised by Mrs. Poling that they now
intend to build the building to house this use on the north side of the property vice the east
side because of terrain considerations. This does not appear to be a problem since there is
adequate space for the structure and required setbacks can be obtained. Since this is a public
use facility, a site plan is required. Parking requirements and other issues would be dealt
with during the site plan stage. Since this business would be located in an area of mostly
rural residential uses, it would be appropriate to limit the size of any signage. Not limiting
the size could result in a sign of 100 square feet in size.
Staff Recommendation for 11/6/96: Staff recommends approval of this request and suggests the
following conditions be placed on the permit:
1. A site plan for the development of this activity shall be required. The site plan shall be
approved prior to any construction activity.
2. All review agency comments shall be complied with at all times.
3. Any on -premise sign shall be limited to a maximum size of 25 square feet.
CUP #014-96 PIN: 27—A-72A
Garris & Eva Poling
Submittal Deadline
P/C Meeting
BOS Meeting
to -/4-176
-
APPLICATION FOR"CONDITIONAL USE PERMIT
FREDERICK COUNTY, VIRGINIA
1. Applicant (The applicant if the owner other)
NAME: v v �5 i t1 A �� Na
J
ADDRESS: t
TELEPHONE
2. Please list all owners, occupants, or parties in interest of
the property:
3. The property is located at: (please
give exact
directions and
include the route
number of your road or
(street)
'70 ✓
} 4 I
� ■
r A,
rr I
\\
SQ V0 S?(.tj - -aSF5.iY
4. The property has a road frontage of feet and a
depth 0fNZ4s-7'6o"g_ 54Feet and consists of acres.
(Please be exact)
5. The property is owned by d as
evidenced by deed from zS, recorded
,S�gi (previous owner)
in deed book no. on page gksW, 3, as recorded in the
records of the Clerk of the Circuit Court, County of
Frederick.
6. 14 -Digit Property Identification No. � r- / - 7a
Magisterial District
Current Zoning e 1�
7. Adjoining Property:
USE ZONING
North =1 G (Z
East C�`I 4 -
'
South rbK.-.lcr
West
8.
The type of use proposed
before completing)
is (consult with the Planning Dept.
9. It is proposed that the following buildings will be
constructed: So m, r L,,r ; p A -•T y EAS
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
The
T E Q qe�i R..
NoLu n R Y
Address
l8S W4' TA" -c- '•
C-aV;9 ZZ&S 7
Property
ID# 7 q _ /} - '� Z G
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Address -7-79(, r�crx�►wFs�„,.� SKF`
C'0n. tf A�o
Property
ID# Z 9 -A - '7 Z
`N 1� l T!�1LI��L
Address
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Property
ID# , A _ (69
W
Address
C R --Ox' tS3
' o&E t/A ZZ&2
Property
ID#
Address
Property
ID#
Address
Property
IDM-
D#
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: '. -.
Lol
VA. ROUTE 703
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S 24. 57' 00" W - 562.71'
L- IRON PIN (FOUND) IRON PIN (FOUND) —�
JOHN G. L ELEANOR W. HOLLIDAY
D.B. 268 - P. 435
H.U.D. FLOOD ZONE C:
AREA OF MINIMAL FLOODING.
THIS IS TO CERTIFY THAT ON FEBRUARY
8, 1990, 1 MADE AN ACCURATE SURVEY OF
THE PREMISES SHOWN HEREON AND THAT
THERE ARE NO EASEMENTS OR ENCROACH-
MENTS VISIBLE ON THE GROUND OTHER
THAN THOSE SHOWN HEREON.
TITLE REPORT NOT FURNISHED.
�nLTH
L ALLEN EBERT ==
Ate.- U-4- sa
(LIOENSE) No.
1498
PC REVIEW: 11/6/96
BOS REVIEW: 12/11/96
CONDITIONAL- EISE PERMIT #015-96
Wade and Julie Marrow
Auto Repair Without Body Repair
LOCATION: This property is located at 624 Back Mountain Road.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 39-2-A
PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) District; Land Use:
Residential
ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land Use:
Agricultural
PROPOSED USE: To operate an auto repair business without body repair.
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: No objections 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.
Inspections Department: Building shall comply with Virginia Uniform Statewide
Building Code and Section 311, Use Group S (Storage) of the BOCA National Building
Code/l 993_. 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. Existing building code requirement for the new use and a
certificate of use and occupancy issued. Please submit floor plan of building at the time
of pen -nit application. Question waste oil and ,cease containment and clean up. Oil
interceptor required if floor drain system is in%�ok-ed_
Wade Marrow - CUP #015-96
Page 2
October 23, 1996
Fire Marshal: Access to all structures must be maintained at all times for emergency
vehicles.
Health De artment: Health Department has no objection based on the applicant's
statement that he is to be the only employee, and the restroom facilities at his home on
site are accessible. The sewage disposal system serving the property was apparently
functioning properly on 8-6-96. (Reference - Record of Inspection, J.D. Latham,
approved 7-20-65)
Planning and Zoning: Public garages are permitted in the RA zoning district with an
approved CUP provided that all repair work takes place entirely within an enclosed
structure and all exterior storage of parts is fully screened from view from any adjoining
property. The applicant intends to conduct this activity in a three -bay garage that exists
toward the rear of his property. During a visit to this property on October 22, 1996, it
was observed that there are several inoperative vehicles currently located on the property.
These were vehicles that the applicant was storing there for friends and relatives and by
his admission, were not awaiting repair. He was advised that he would be required to
remove the inoperative vehicles from the property. During the conversation on site, the
applicant stated that he felt that allowing five vehicles awaiting repair on the property at
any time was a reasonable number.
Staff Recommendation for 11/6/96: Staff recommends approval of this request and suggest the
following conditions be placed on the permit if approved:
I. No outside storage of parts or equipment shall be allowed.
2. No more than five vehicles awaiting repair shall be allowed to be located externally to
the garage.
3. No inoperative vehicles shall be allowed to be stored on the property at any time.
4. All repair work must be done inside the garage.
5. All review agency comments shall be complied with at all times.
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-UP #015-90 PIN: 39-2-A
IVade and Julie Marrow
Submittal Deadline
P/C Meeting
DOS Meeting
APPLICATION FOR CONDITIONAL USE PERMIT
FREDERICK COUNTY, VIRGINIA
1 �awl
. -- I.-
1. Applicant (The applicant if the j� owner other)
NAME:.1 �t -1 c� et-
ADDRESS: �e'���- 3\C1C i� ��(t��\�C`�� Sl Q'Qt"C' Q
TELEPHONE
2. Please list all owners, occupants, or parties in interest of
the property:
3. The property is located.at: (please give exact directions and
include the route number of your road or street)
1cv�� �(�'� \rjzSt� �1 ���e �1�\ Uig
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4. The property has a road frontage of Q'760,31 feet and a
depth of E �1�+3"S w�g��.�feet and consists of acres.
(Please be exa t)
5. The property is owned by as
evidenced by deed from cpm , „ �� , ;}��m \,; \r' recorded
(previous owner)
in deed book no. �( �_ on page 1', `j as recorded in the
records of the Clerk of the Circuit Court, County of
Frederick.
6. 14 -Digit Property Identification No.cj(-'a-CCCC,-_JCca
Magisterial District "'�Y-'c l' C-
Current Zoning
7. Adjoining Property:
USE ZONING
North
East t Hca.`,
South ti� c;. ,t�\1, ell\
West
8. The type of use propo ed is (consult with the Planning Dept.
before completing) u` wit e A i L P R x.->
i
9. It is proposed that the following buildings will be
constructed: P
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
W Rte- 7s- �'j
Addre s s U„ ) y �Uc �cl�. S� i n - c� . �•1; n c, y
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Property ID#
Address
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Property ID# ,.-.
Address
Property ID#
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:
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PC REVIEW DATE: 11/6/96
BOS REVIEW DATE: 12/11/96
REZONING APPLICATION #006-96
H. CLAY DeGRANGE ESTATE
To Rezone 51.0540 acres from RA (Rural Areas)
to B2 (Business General)
LOCATION: This property is located in the northwest quadrant of the intersection of Rt. 50 West
and Route 37.
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 53-A-68
PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas); Land Use: Vacant and
agricultural
ADJOINING PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas); Land Uses:
Vacant, Agricultural, Residential, Commercial
PROPOSED USE: General business uses
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: See attached letter from Robert Childress dated August
2, 1996.
Frederick Co. Sanitation Authority: The Authority is currently studying the feasibility of
providing water and sewer service to this area. The nearest FCSA lines are at the intersection of Rt.
522 and Fox Drive.
DeGrange, REZ #006-96
Page 2
October 25, 1996
Public Works: We have no comment at this time. Stormwater management should be included
in the master development plan.
Fire and Rescue: See attached lef Doug Kiracofe, Fire Marshal, dated October 11
and October 16, 1996. kw� t ers i'7:
Parks and Recreation: The Parks and Recreation Department would suggest that the developer
consider a proffer of park land, within the acreage being requested to be rezoned, to serve the
residents of western Frederick County.
County Attorngy Proffers appear to be appropriately phrased. The money should go to the
County, not to the fire company.
Planning & Zonin : The property proposed for rezoning is located within the County's Sewer and
Water Service Area, a portion is located within the Urban Development Area, and the property is
adjacent to a major interchange. The site appears suited for business development as is indicated by
the recently adopted Round Hill Land Use Plan.
Proffers
The application materials include a proffered "Concept Plan" which depicts a great many of the
design features and road improvements discussed in the Round Hill Land Use Plan and the
Comprehensive Plan. The Concept Plan should be dated and the date included in description of the
Plan in the proffer statement. This is to avoid confusion now, and in the future, over what version
of the Plan was intended to be proffered.
The application also proffers the following:
underground utilities
a ten -foot landscaped strip along Route 50 (A description of the type or amount of
landscaping to be provided should be included in the statement.)
the design and construction of roads in accordance with the County's adopted "thoroughfare
plan" (The roads shown comply with the adopted Round Hill Land Use Plan and the
Comprehensive Plan. The proffer should reference one of these rather than a "thoroughfare
plan" which the County does not have.)
DeGrange, REZ #006-96
Page 3
October 25, 1996
• a traffic signal at the intersection of Ward Avenue
• a single additional entrance (ingress only) on Route 50 (This would be in addition to the main
access road)
• a monetary contribution to the Round Hill Fire and Rescue Company in
the amount of $12,161, payable at the time of issuance of a building permit,
to cover capital costs to the company associated with the rezoning.
The application package requires a signed proffer statement be submitted with the application
materials. This is because the statement is invalid unless signed. A signed statement must be
provided prior to approval of the rezoning.
Impacts:
General
The application proffers no specific uses, therefore, we must assume the worst in terms of impacts.
There is a discussion in the impact statement, provided by the applicant, of a projected density of
10,000 sq.ft. per acre. This is of what the County's Capital Facilities Ict 1101 uses to
project the fiscal impacts of a B-2 (Business General) zoning. While the traffic generation
projections offered by the applicant appear to be based on this reduced square footage, the reduced
density is not proffered and, therefore, cannot be relied on. Also, there is no indication of what types
of uses the development would consist of. The development of 10,000 sq.ft. of office space would
result in significantly different traffic amounts and peak hour impacts than would a like square
footage of retail space.
Fiscal_ Impacts
The application indicates that the net fiscal impact of the proposed rezoning would be that projected
by the County's impact model. The numbers generated by the model are generated based on some
very specific assumptions. It is in no way accurate to say that the development of this site will
generate income to the County in the amount indicated by the model unless the site develops in
accordance with the assumptions made by the model. (The model assumes strictly retail
development, at a density of 21,161 sq.ft./acre, not 10,000 sq.ft. as used by the applicant to forecast
traffic generation.) It is inconsistentand misleadingto use the lower figure to project traffic and the
higher to project the positive fiscal impact of the proposed zoning.
If we run the model using the 10,000 sq.ft. per acre of retail development, then the net positive fiscal
impact drops from $28.5 million to $13.5 million. If we assume 10,000 sq.ft. of office space, the
DeGrange, REZ 9006-96
Page 4
October 25, 1996
amount drops further still to $8 million.
In an effort to obtain as accurate a picture as possible of the fiscal impacts that might be expected
from this project we ran the model using the land uses listed below. These acreage and square
footage amounts are all based on actual projects located within the County and would account for
51 acres.
• 100 -room hotel on two acres
• Four restaurants at 10,000 each on eight acres
• 180,000 square feet of retail space on 13 acres
• Four service station/convenience stores, totaling 12,000 square feet on three acres
• 100,000 square feet of office space on 15 acres
• Roads and open space totaling 10 acres
The results of this model run show a net fiscal impact credit of S9.4 million.
Traffic Impacts
The application does not provide a traffic impact analysis. The impact statement merely talks of
20,000 trips per day giving no indication of what this number is based on or how the traffic is
projected to be dispersed throughout the surrounding transportation network. Even if we assume
the 20,000 trips is accurate, this would have a tremendus impact on Route 50, ramps to and from
Route 37, and Amherst Street.
The application mentions a peak P.M. traffic count of 1,292. There is no indication of the date of
this information. It would be important to know if the count predates the construction of the Medical
Center. However, with no land use assumptions being given, no peak hour projections, turn
movements or level of service projections being provided, it is impossible to draw any conclusions
about what sort of transportation improvements should be expected.
In a conversation with Mr. Kelly Downs of the Staunton Office of VDOT, he indicated that at a
minimum, this amount of traffic would require an additional lane on Route 50 from the southbound
off ramp of Route 37 to the main entrance of the site, and the addition of a lane to all of the ramps
to and from 37.
Sewer
The Impact statement indicates that sewer service to the site can be provided by the Frederick County
Sanitation Authority. As of 10/25/96, there was no agreement or approved proposal for how or when
DeGrange, REZ 4006-96
Page 5
October 25, 1996
sewer would be provided to this site.
n4 fj-,� Mje�
Other Impacts
The Round Hill Land Use Plan and the Comprehensive Plan both emphasize the importance of the
appearance of this corridor. Both Plans speak of the need for reduced signage and increased
landscaping and setbacks in order to minimize the detrimental effects of development. While the
physical design information provided meets the criteria discussed in the Plans, design details are not
provided. There is no mention of the type or amount of signage that might accompany the
development, no landscape information is provided other than a 10 -foot strip being proffered along
Route 50 and there is no indication of what this strip will consist of, nor is a bike lane provided for
as is called for in the County's Plan.
Conclusions:
As is the case with any land located within the Urban Development Area or the Sewer and Water
Service Area, rezoning from RA, Rural Areas zoning, to a more intense use is not a given. A wide
array of factors should be taken into consideration such as: the availability of adequate infrastructure
to support the proposed development, the fiscal, environmental and traffic impacts anticipated and
the impacts to, and compatibility with, surrounding land uses must be examined.
Adequate information must be generated in order to accurately forecast impacts of the proposed
development. Without this information there is no way to plan for the mitigation of projected
impacts or weigh relative value of the proposed land use against the anticipated impacts.
STAFF RECOMMENDATION FOR 11/6/96 PC MEETING:
While the property is well suited for business zoning, there are a number of issues that need to be
resolved and a significant amount of information to be provided prior to approval of the request.
Ni..GJ'Vr' _
r
7 K
�A� TTr
COMMONWEALTH of VIRGINIA
DEPARTMENT OF TRANSPORTATION
EDINBURG RESIDENCY
DAVID R. GEHR 14031 OLO VALLEY PIKE WILLIAM H. BUSHMAN, P.E.
COMMISSIONER P.O. BOX 278 RESIDENT ENGINEER
EDINBURG, VA 22824.0278 TELE (540) 984-5600
FAX (540) 984.5607
August 2, 19�
Comments for deGrancre Estate
We have no overall objections to the rezoning of this property. However, its
development could have a significant traffic impact on Route 50 and the adjacent
Route 37 interchange area. Traffic generated by the development could necessitate
the need for improvements to the existing roadway system which could include but not
be limited to turn lanes and traffic signal installation and/or adjustments. Also due to
anticipated traffic volumes generated from the property, existing traffic counts on
Route 50, adjacent development (both existing and proposed), the existing Ward
Avenue (Route 1317) intersection, and proximity of the adjacent signalized Route 37
ramps, access to this property may be restricted to certain controlled location(s). The
owner should also be aware access to this property could be affected by the
proposed Route 37 interchange to the north being planned by the Winchester Medical
Center and resulting impacts from the exisitng Route 50 interchange.
Before mal ng any final comments this office will require a complete set of
construction site plans which detail entrance designs, roadway geometrics (if
applicable), drainage calculations, and a traffic impact analysis for review.
Signed: lam. /--). aa"' for W. H. Bushman Dated: 08/02/96
10. 11. 96 09:41 7 10 678 4719 FRED CO FI.' [fool
,ra .e - COUNTY OF FREDERICK, vIRGW
FIRE AND RESCUE DEPA ME
107 North Kcnt $t
Winchester, VA. 2.t
Thomas W. OweBs - Douglas A. Kaac
Director
Fre Man-
October 11, 1996 .
To: Steve Gyurisin, G.W. Clifford and Associates_
From:'Douglas A. Kiracofe, Fire Marshal, Frederick Co •
.= ._Ref DeGrange Re -zoning
On October 10, 1996, I met with the Board of Directors ofthe Round Hilt Community.
Fire and Rescue Company, on the re -zoning request of the DeGrange property. The
Board had -questions about the planned use for the property, and future re -zoning plans
for. the area, as I had anticipated. I informed them that no definite plans have been
submitted for the property, but reviewed the allowed uses that could be built on the
property, subject to the re -zoning being approved.
The Board of Directors has called a special meeting of the Board, for Monday night,
October 14, 19962 to discuss the re Zoning request, the Fire and Rescue proffers, and to
formulate their position on this matter. As I shared with you yesterday, there is concern
- on the part of the Fire Company, about service delivery in the.future, to this area, and
how the needs of the. Fire -and Rescue Companies will be met_
The Board said they would have comments to me on this. first thing. Tuesday rooming,
and I will forward them to you as soon as.I receive -
them -Let me know if I can be of further assistance on this application
cc: Elwood Patterson, President Round Hill Fire and Rescue -
Evan Wyatt, Planner
file _. -
diAilt'E"Iffinal221
Thomas W. Owens
Director
October 16, 199
To: Chris Tiern
From: Douglas
Ref DeGrange
COUNTY OF FREDERICK, VIRGINIA
FIRE AND RESCUE DEPARTMENT
107 North Kent Street
Winchester, VA 22601
Douglas A. Kiracofe
Fire Marshal
Yesterday afternoon, I spoke to Elwood Patterson, President of the Round Hill Fire and
Rescue Company, regarding the re -zoning of the DeGrange property on Rt. 50 West. He
informed me that the Board of Directors of the Fire Company met on Monday night to
discuss the re -zoning and the monies proffered to the Fire and Rescue Company. Mr.
Patterson said that the company has no complaints or problems with the re -zoning, nor
the amount of money proffered for capital improvement costs, associated with the
proposed development of this area. He did say that the Board of Directors, wishes to be
on record questioning the adequacy of the computer model, being used by the County, to
figure the costs associated with future development. I informed him that this will most
likely be looked at again, in the near future, as other Fire and Rescue Companies have
expressed the same concern.
Mr. Patterson said that some of his collegues will be meeting with members of the
DeGrange family, regarding the possible donation of land, for a future Fire and Rescue
station. This request is going to be made outside of any re -zoning or proffer requests.
The Board is very concerned about the availability of land for such a station, once an area
begins developing. They are going to attempt to address this future need, by way of a
donation, or commitment, so the needed land is assured, as development takes place.
Mr. Patterson authorized me to convey their approval, of this re -zoning request, by way
of this memo. Should you need anything more from me, please do not hesitate to contact
me.
cc: Elwood Patterson, President Round Hill Community Fire and Rescue, Co. 15
DeGrange file
Director (540) 665-5615 o Fire Marshal (540) 665-6350 Fax (540) 678-4739
Rezoning #006-96
H. Clay Degrange
Silver Lake
Estate
Properties, Inc. ♦,♦ ♦♦♦
1'
WWW, L.C. .♦'
R t.
50W .��
MMM■ Urban Development Area
VDOT a` UDA
Rt. 803
M�� Sewer and Water Service Area
SWSA
1'
♦ Degrange Estate
�/�� ♦ War enue.
s �
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Candy
/y Hill
REZONING APPLICATION FORM
FREDERICK COUNTY, VIRGINIA
The following information shall be provided by the applicant.
,!t AND �t�tL;,:ML•.\�V�;
All parcel identification numbers, deed book and page numbers may be obtained from the Office
of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester.
I. Applicant:
Name: Gilbert W. Clifford Inc. Telephone: 540-667-21
32
Address: 200 N. Cameron Street
Wi
2. Property Owner (if different than above)
Name: H. -Clay DeGrange Estate Telephone: 540-563-7789
c o First Union National Bank
Address: P.O. Box 14061, VA 7520
Roanoke Vir inia 24038-4061
3. Contact person if other than above
Name: Ste hen M. G urisin Telephone: 540-667-21 9
4. Checklist: Check the following items that have been included with this application.
Location map X Agency Comments
Plat —�-
X Fees _�
Deed to property X Impact Analysis Statement
Verification of tares aid �---I-
p X Proffer Statement X
10/9/96
11
S. The Code of Virginia allows us to request full disclosure of ownership in relation to
rezoning applications.
Please list below all owners or parties in interest of the land to be rezoned:
H. Clav DeGrance Estate
c/o First Union National Bank
6. Current Use of the Property: Vacant/Agricultural
7. Adjoining Property:
53(A)1&2
53 A)A_& B, 69
53(A)73, 74, 75,76,77
53(A)83, 84
53(B)1,2,3,4,5,6,7,8
129/149(1)1,2,3
[il"
Vacant/Ag.
Vacant/Ag.
Residential
Res./Comm.
Res./Comm.
Commercial
RA
RA
RA
RA
RA
RA
S. Location: The property is located at (give exact location based on nearest road and distance
from nearest intersection, using road names and route numbers):
Northwest quadrant of the intersection of US. Route 50 West
and Route 37.
12
10/9/96
Information to be Submitted for Capital Facilities Impact Model
In order for the Planning Staff to use its capital facilities impact model, it is necessary for the
applicant to provide information concerning the specifics of the proposed use. Otherwise, the
planning staff will use the maximum possible density or intensity scenario for the proposed Zoning
District as described on Page 9 of the application package.
9. Parcel Identification/Location: Parcel Identification Number 53-A-68
Magisterial: Gainesboro
Fire Service: Round Hill
Rescue Service: Round Hill
High School: James Wood
Middle School: Frederick County
EIementary School: Apple Pie
10. Zoning Change: List the acreage included in each new zoning category being requested.
Acres Current Zonin
Zoning Requested
51.0540 RA
B-2
Total acreage
to be rezoned
11. The following information should be provided according to the type of rezoning
proposed:
Single Family homes: Townhome:
Non -Residential Lots: Mobile Home:
iker-74 mes RTZ -404 aurora 6=8
Multi -Family:
Hotel Rooms:
Office: # Service Station:
Retail: # Manufacturing:
Restaurant: Warehouse:
Other:
* Use Impact Model Allocations
13 10/9/96
12. Signature:
I (we), the undersigned, do hereby respectfully make application and petition the Frederick
County Board of Supervisors to amend the zoning ordinance and to change the zoning map
of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the
property for site inspection purposes.
I (we) understand that the sign issued when this application is submitted must be placed at
the front property line at least seven days prior to the Planning Commission public hearing
and the Board of Supervisors' public hearing and maintained so as to be visible from the
road right-of-way until the hearing.
I (we) hereby certify that this application and its accompanying materials are true and
accurate to the best of my (our) knowledge.
Applicant(s):
/ J J
Owner(s):ICI
14
Date: 1 .' e 1 G7
Date:
Date: /c 6
Date:
OCT -10-96 17:26 FROM:CMC RE. ID=540 5F 7667 PACE 2/,
of Virginia
Capita! Man?gemPrtt Grmip Rea! Estate
P. 0. Box 14061 VA -7520
Roanoke, VirGinia 24033-4061
540 563-6640
FON'
October 10, 1996
Mr. Kris Tierney
Planning Director
Frederick County Planning Department
197 North Kent Street
W inchesur, VA 22601
RE: H. Clay DeGrange Trust Rezoning Application
Dear Mr. Tierney:
First Union National Bank is Trustee for the H. Clay DeGrange Estate which includes the 102 Acre
parcel located on Route 50 West. It is our desire to have this property rezoned to Business General - B2
zoning.
First Union 11as commissioned Gilbert W- Clifford & Associates to represent us in matters pertaining to
the rezoning request.
Sincerely,
i
Linda 'W . Wade. GIU. CPA
Vice President.
Adjoining Property Owners
Rezoning
Owners of property adjoining the land will be notified of the Planning Commission and the Board
of Supervisors meetings. For the purpose of this application, adjoining property is any property
abutting the requested property on the side or rear or any property directly across a public
right-of-way, a private right-of-way, or a watercourse from the requested property. The
applicant is required to obtain the following information on each adjoining property including the
parcel identification number which may be obtained from the office of the Commissioner of
Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County
Administrative Building, 107 North Kent Street.
Name and Property Identification Number J Address
Name Fruit Hill Orchard, Inc. P.O. Box 2368
Property # 53—A-1 Winchester, Va 22604
Name Fruit Hill Orchard, Inc.
Property # 53—A-2
Name Fruit Hill Orchard, Inc.
Property # 53—A—A
Name Page F. & Elva Huffman
Property # 53—A-73
Name Bernard & Carolyn R. Turner
Property # 53—A-74
Name Nancy Renner Johnson
Property # 53—A-75
Name Robert B. Johnson
Property # 53—A-76
Name Pail . & Clara E Renn
Property # 53—A-77
Name Farmers Livestock Exchan
Propern• # 53—A-83
Name Lvnn W. Anderson
Prooern M 53—A-84
P.O. Box 2368
Winchester, Virginia 22604
P.O. Box 2368
Winchester, Virginia 22604
194 Echo Lane
Winchester, Virginia 22601
2578 Northwest Pike
Winchester, Virginia 22603
2054 Northwest Pike
Winchester, Virginia 22603
2054 Northwest Pike
Winchester, Virginia 22603
118 Echo Lane
Winchester, Virginia 22603
Box 2696
Winchester, Virginia 22603
1983 Northwest Pike
Winchester, Virginia 22603
15 10/9/96
Name and Property identification Number
Name Farmers Livestock Exchange
Proerty # 53B-3-1
Name Farmers Livestock Exchange
Pro e # 53B-3-2
Name Farmers Livestock Exchange
Property # 53B-3-3
Name Farmers Livestock Exchange
Property # 53B-3-4
Name Kathleen Bugher
Property # 53B-3-5
Name Kathleen Bucher
Property # 53B-3-6
Name La Ban R. & Boleyn Hodgson
Property # 53B-3-7
Name Not Listed
Property # 53B-3-8
Name Fruit Hill Orchard Inc.
Property # 129-1-1
Name Winchester Medical Center Inc
Property # 149-3-1
Name Winchester Medical Center, Inc.
Property # 142-3-2
Name
Pro erty # 149-3-3
Name
Property #
Name
Prooem,
Address
P.O. Box 2969
Winchester, Virginia 2260 4
P.O. Box 2969
Winchester, Virginia 22604
P.O. Box 2969
Winchester, Virginia 22604
P.O. Box 2969
Winchester, Virginia 22604
c/o Tortuga Restaurant
2051 Northwest Pike
Winchester, Virginia 22603
c/o Tortuga Restaurant
2051 Northwest Pike
Winchester, Virginia 22603
2061 Northwest Pike
Winchester, Virginia 22603
Not Listed
P.O. 2368
Winchester, Virginia 22604
P.O. Box 3340
C/o P. Farley
Winchester, Virginia 22604
P.O. Box 3340
c/o. P. Farley
Winchester, Virginia 22604
P.O. Box 3340
c/o P. Farley
Winchester, Virginia 22604
16 10/9/96
REZONING REQUEST PROFFER
Property Identification Number 53-((A))-68
H. CLAY DEGRANGE ESTATE
Rreliminary Matters
Pursuant to Section 15.1 - 491.1 et. seg. of the code of Virginia, 1950, as
amended, and the provisions of the Frederick County Zoning Ordinance with
respect to conditional zoning, the undersigned applicant hereby proffers that in the
event the Board of Supervisors of Frederick County, Virginia, shall approve
Rezoning Application # -96 for the rezoning of approximately 50+/- acres from
Rural Area (RA) Zoning District to the Business General (B-2) Zoning District,
development of the subject property shall be done in conformity with the terms and
conditions set forth herein, except to the extent that such terms and conditions may
be subsequently amended or revised by the applicant and such be approved by the
Frederick County Board of Supervisors in accordance with Virginia law. In the
event that such rezoning is not granted, then these proffers shall be deemed
withdrawn and of no effect whatsoever. These proffers shall be binding upon the
applicant and their legal successors or assigns.
General Development Plan
The development of the subject property, and the submission of any Master
Development Plans therefore, shall be in substantial conformity with the
Generalized Development Plan which is attached hereto and incorporated herein by
reference.
Phasing of Development
In order that the County may be able reasonably to anticipate the pace of
development on the subject property, a phasing plan shall be submitted during the
Master Development Plan process, in accordance with the Frederick County Zoning
Ordinance. Phasing as shown on the said Master Plan shall be accomplished such
that required transportation improvements and public utility improvements are
installed prior to site development.
Transportation
The Applicant shall design and construct all roads on the subject property
consistent with the County's adopted thoroughfare plan for the area, and according
to uniform standards established by the Virginia Department of Transportation
(VDOT), and as may be provided in these proffers.
• The Applicant proffers that it shall design and construct a two lane
road of variable width as required by VDOT from the southern edge of its property
traversing the subject property north ward to the northern zoning line boundary.
• In order to assist in the provision of adequate traffic flows on Route
50 the applicant further proffers a traffic signal at the intersection of Routes 1317
(Ward Avenue) and Route 50.
REZONING REQUEST PROFFER
Property Identification Number 53-((A))-68
H. CLAY DEGRANGE ESTATE
PAGE 2
• The applicant proffers that the secondary site access on Route 50 shall
be for ingress traffic only.
• The Applicant shall further dedicate all of the necessary right-of-way
for interparcel connector roads connecting the subject property to properties to the
west of the subject property as shown on the Master Development Plan and that
necessary for Route 50 improvements.
• In order to avoid proliferation of entrances on Route 50, the applicant
proffers that there will be no direct access to Route 50 from lots that directly adjoin
Route 50.
Monet= Contribution to Offset Impact of Developmen
The undersigned, who owns the above described property hereby voluntarily
proffers that if the Board of Supervisors for the County of Frederick, Virginia
approves the rezoning for the 50+/- acre tract, lying on the north side of Route 50 in
the Gainesboro Magisterial District of Frederick County, Virginia from RA to B-2,
the undersigned will pay to Frederick County for the Round Hill Fire and Rescue
Company the sum of $12,161.11 at the time the first building permit is issued
The conditions proffered above shall be binding upon the heirs, executors,
administrators, assigns and successors in interest of the Applicant and Owner. In
the event the Frederick County Board of Supervisors grant said rezoning and accepts
these conditions, the proffered conditions shall apply to the land rezoned in
addition to other requirements set forth in the Frederick County Code.
Respectfully submitted,
PROPERTY OWNER:
0
Date:-
--------------------
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
The foregoing instrument was acknowledged before me this day of
, 1996, by — _ of the DeGrange Estate
My Commission expires
Notary Public.
P/C REVIEW: November 6, 1996
BOS REVIEW: December 11, 1996
MASTER DEVELOPMENT PLAN #009-87
Airport Business Center Waiver Request
LOCATION: Airport Road (Route 645) and Front Royal Pike (Rt. 522)
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBER: 64 -A -45D
PROPERTY ZONING & PRESENT USE:
M-1, Light Industrial District 258.83 acres Distribution; Office; Vacant
B-2, Business General District 15.57 acres Office; Vacant
RP, Residential Performance District 41.93 acres Apartments; Vacant
ADJOINING PROPERTY ZONING & PRESENT USE:
North: M-1, Light Industrial & RA, Rural Areas Districts
South: RP, Residential Performance & RA, Rural Areas Districts
East: RA, Rural Areas District
West: RP, Residential Performance District
PROPOSED USE:
Master planned industrial and office park
REVIEW EVALUATIONS:
Airport; Residential
Residential; Vacant
Residential
Residential; Vacant
County Engineer: Based on our review of the proposed master development plan, it
appears that the disturbance of steep slopes and woodlands are the main deviation from the
County ordinance. These issues will be evaluated by the Planning Department. The proposed
plan has adequately addressed stormwater management except for the M1 area designated
for future residential use. Stormwater, management will be required in this area even if it is
rezoned to RP or RA.
Planing Department:
$miect History
The Frederick County Board of Supervisors approved a master development plan for the
Upper Valley Business Park on September 23, 1987. This approval created a master planned
industrial and office park that contained approximately 323 acres of land zoned M-1, Light
Industrial, B-2, Business General, and RP, Residential Performance. This pian called for the
development of the park within two phases.
To date, the area designated as Phase I has been subdivided and partially developed. Lots
along Aviation Drive include the AES office building,. the Lantz Construction Company office
building, the Triad Engineering office building, and the Datalux Company office and
manufacturing facility. Portions of the acreage within Phase II have been developed. Uses
include the Adams Company office building, the Project Hope distribution center, the
Winchester Regional Airport terminal facility, the Children's Service Center office building,
and the Preston Place Apartment complex. The Kohl's distribution facility is currently under
construction and the final phase of the Preston Place complex is anticipated to begin in
November.
The applicant has prepared a revised master plan that depicts the existing conditions in the
former UpperValley Business Park, now known as the Airport Business Center. The road
layout and utility locations are consistent with the previous master plan. The primary revision
to this industrial and office park pertains to the proposed disturbance of environmental
features.
1) Zoning District Buffers - the revised master development plan does not provide the
required "C Category" buffer along the southern property line as prescribed by the
Zoning Ordinance. This buffer is required between the properties zoned M-1, Light
Industrial District and RP, Residential Performance District. The applicant has
included language on the master development plan that expresses a desire to develop
a portion of this property for residential use; however, a buffer is required at this time.
This buffer will not be required if a future rezoning application for RP, Residential
Performance District, is approved by the Board of Supervisors.
2) Environmental Features - section 165-31(B) of the Zoning Ordinance identifies
specific environmentally sensitive features and prescribes a maximum amount of
disturbance that may occur. The applicant is requesting that a greater amount of
disturbance be allowed for steep slopes and woodlands. The Zoning Ordinance states
that nr more than 25% of steep slopes and woodlands can be disturbed during the
development process. Sections 165-31(B)(6) and 165-31(B.)(7) state that the Board
of Supervisors may allow the disturbance of larger areas of steep slopes in shopping
centers, office parks, and industrial parks. In such cases, the functions of stream
valleys shall be preserved through the use of open space, landscaping, and storm
water management facilities.
The applicant is requesting that 50% of the land that is within steep slopes and 56%
of the land that is within woodlands be allowed to be disturbed to accommodate the
complete build -out of the Airport Business Center. The applicant has delineated a
proposed environmental corridor to preserve the remaining acreage that within steep
slopes and woodlands. The hatching key states that dedicated environmental corridor
indicates no disturbance of environmental features except for utility installation. Staff
believes that the master development plan needs to describe the methods that will be
undertaken to ensure that these areas are not compromised.
STAFF RECOMMENDATIONS FOR 11!6/96 PLANNING COMMISSION MEETING:
The proposal to create an environmental corridor appears to protect the Buffalo Lick Run stream
valley; therefore, the function of this environmental feature. is not endangered. The location of this
environmental corridor creates a natural buffer between the Airport Business Center property and the
Buf ick Heights residential subdivision which is desirable. The provision of a "C Category " buffer
will protect the recently approved Chapel Hill residential subdivision and the McClure tract should
Parcel E maintain the M-1, Light Industrial District classification.
Staff believes that the creation of a perpetual easement which ensures no disturbance within the
environmental corridor is a reasonable approach. - It may be prudent to review the current
requirements for the disturbance of environmental features to ensure that percentages jibe with
various land use situations throughout the county. Staff recommends that the Planning Commission
forward a favorable recommendation to the Board of Supervisors for this waiver request.