PC 08-02-95 Meeting AgendaAGENDA
FREDERICK COUNTY PLANNING COMMISSION
The Old Frederick County Courthouse
Winchester, Virginia
AUGUST 2, 1995
7:00 P.M. CALL TO ORDER TAB
1) Meeting Minutes of July 5, 1995 ............................ A
2) Bimonthly Report ..................................... B
3) Committee Reports ..................................... C
4) Citizen Comments ..................................... D
PUBLIC HEARINGS
5) Rezoning Application #001-95 of Wayne R. Ridgeway to rezone 2.047 acres from
RA (Rural Area) to B3 (Industrial Transition). This property is located on US
Route 522 just south of the intersection of Bryarly Road (Route 789), and is
identified as PIN 42-A-249 in the Gainesboro District.
(Mr. Tierney) ........................................ E
6) An amendment to Chapter 165, Zoning Ordinance, of the Frederick County
Code, Article IV, Supplementary Use Regulations, Section 165-23F, Extensions
Into Setback Yards, to allow decks and storage buildings that are attached to
townhouses and weak -link townhouses to extend into the required perimeter
boundary setback and the required active distance buffer area.
(Mr. Wyatt) ......................................... F
Go /lr of v .�-- �✓�.d.S
7) Other �rt Ci
.................................................G
�104sh,/ 0 N¢x I M
MEETING MINUTES
OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board Room of the Old Frederick County Court House in Winchester, Virginia on
July 5, 1995.
PRESENT: Planning commisNioners preSent were- Charles S. DeHaven, Jr.,
Chairman/Stonewall District; John R. Marker, Vice Chairman/Back Creek
District; Marjorie H. Copenhaver, Back Creek District; Terry Stone, Gainesboro
District; Robert A. Morris, Shawnee District; Richard C. Shickle, Gainesboro
District, Opequon District; Richard C. Ours, Opequon District; Roger L.
Thomas, Opequon District; George L. Romine, Citizen at Large; Robert M.
Sager, Board Liaison.
ABSENT: S. Blaine Wilson, Shawnee District; John H. Light, Stonewall District; and
Vincent DiBenedetto, Winchester City Liaison.
Planning Staff present: Robert W. Watkins, Director and Secretary; W. Wayne
Miller, Zoning Administrator; and Renee' S. Arlotta, Minutes Recorder,
CALL TO ORDER
Chairman DeHaven called the meeting to order at 7:04 p.m.
MINUTES - MEETINGS OF MAY 17, 1995 AND JUNE 7, 1995
Upon motion made by Mr. Romine and seconded by Mr. Marker, the meeting
minutes of May 17, 1995 were unanimously approved as presented.
Upon motion made by Mr. Marker and seconded by Mr. Thomas, the meeting
minutes of June 7, 1995 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) - 6/29/95 Mtg_.
Mr. Thomas reported that the majority of discussion at their last meeting was
devoted to revising the zoning ordinance as it pertains to accessory structures in setback areas
for townhouses. Mr. Thomas said that the feeling of the committee was there was no reason not
to allow this, however, there will be a height restriction placed on decks and a size restriction
placed on accessory buildings.
Comprehensive Plans & Programs Committee (CPPC) - 6/12/95 Mtg.
Mrs. Copenhaver reported that the CPPC discussed establishing an area around
the interchange of Routes 37 and 50 West for development. She said that more research will
need to be done.
Battlefield Task Force
Mr. Watkins said that the BTF will be sending their draft plan to the CPPS and
the HRAB for further discussion.
Sanitation Authority - 6/21/95 Mtg_
Mrs. Copenhaver reported that several residents from the Route I 1 South area
attended the Sanitation Authority's meeting to speak about septic tank failures. Mrs. Copenhaver
3
said that a petition with 48 names was presented requesting that the Sanitation Authority consider
running sewer down Route 11 South.
Mrs. Copenhaver also reported that there will be a meeting on August 2, 1995 at
Lord Fairfax Community College from 7:00 p.m. -9:00 p.m. concerning drinking water. She
said that Dr. Khodr, Health Director for the Lord Fairfax Health District, and Mr. Moffit,
Public Utilities Director for the City of Winchester, will be there to speak on the safety of
drinking water.
PUBLIC HEARINGS
Conditional Use Permit #006-95 of Bruce E. Welch, DVM, for a veterinary hospital.
This property is located at 689 Aylor Road (Rt. 647) and is identified as Parcel #75-A-38
in the Opequon Magisterial District.
Action - Recommended Approval with Conditions
Mr. Miller gave the background information and review agency comments. Mr.
Miller said that the most recent change to the zoning ordinance permitted the use of Veterinary
Offices, Veterinary Clinics, or Veterinary Hospitals with an approved conditional use permit,
excluding the boarding of animals for non-medical purposes. Mr. Miller said that the staff
believed that the proposed site was acceptable because of its frontage on a collector road and the
size of the property, which provides enough area to install necessary features such as parking,
screening, and some buffering.
Dr. Bruce E. Welch, DVM, the owner and applicant, came forward to address
the issue and size of a business sign for his clinic.
The Commission discussed with Dr. Welch the conditions of the permit,
construction techniques that could be employed to reduce noise, disposal of medical wastes, and
recourse available to neighbors if problems arise.
Chairman DeHaven called for public comment and the following persons came
forward to speak:
Mr. William Layden, adjoining property owner at 106 Westmoreland Drive, came
forward to speak in opposition to the conditional use permit. Mr. Layden read a letter of
opposition from the adjoining property owners .at 100 Westmoreland Drive, Mr. David W.
Janelle, Jr. and Mrs. Sheila M. Janelle, who were not able to attend the meeting. Mr. Layden
also presented a petition of opposition from eleven immediate homeowners of the proposed
veterinary hospital. Mr. Layden said that their concerns are barking dogs, traffic, the posting
4
of a sign in a residential community, health hazards, and the disposal of medical wastes.
Ms. Beverly Neff came forward to speak in favor of the veterinary hospital. Ms.
Neff said that there are two veterinary clinics on Main Street in Stephens City and she had not
noticed any offensive odors or noise when she has taken her animals to these clinics. She said
that Dr. Welch is very meticulous in the care of animals and would not endanger his animals any
more than he would the neighborhood people.
Mr. Jerry Casey, the original owner of the property, said that the property is
zoned RP (Residential Performance) and Dr. Welch was previously contemplating townhouses
for this site. Mr. Casey said that he would much rather have a well -cared for animal hospital
on the site than townhouses.
Mr. John Locke, resident at 133 Buckingham Drive, which is about 1/2 mile from
the proposed site, said that he was a frequent traveler of Aylor road and he felt the proposed use
would not cause a significant increase in traffic. Mr. Locke said that he knows Dr. Welch
personally and felt Dr. Welch would take adequate measures to protect the neighbors. Mr.
Locke said that he also has taken his animals to the veterinary clinics located in the residential
area of Stephens City, and he has not observed any of the problems mentioned.
Dr. Bryan Cather, DVM, said that he was a colleague of Dr. Welch's and has
worked at several veterinary clinics. Dr. Cather felt that the neighbors' concerns about odors
were unfounded. He said that there are few odor problems to deal with in veterinary clinics and
a small lid -covered dumpster would take care of any odors. He said that as far as barking is
concerned, he has worked in clinics with six-inch wooden walls and block walls and both
are very effective against sound. Mr. Cather also noted that the fence surrounding the property
will protect against sound and auto headlights.
Mr. Bryan Clark, resident at 637 Aylor Road, said that both he and his wife, Sally
Ann, were opposed to the veterinary clinic. Mr. Clark stated that increased traffic, noise, and
danger of a sick animal getting loose were some of the reasons they were opposed. Mr. Clark
said that a residential neighborhood was not an appropriate location and that it would have a
negative effect on the property values and community aesthetics.
The Commissioners next discussed anticipated vehicles per day and disposal of
medical waste with the applicant, Dr. Welch.
The Planning Commission felt that the neighbors' concerns were valid, however,
they felt that steps could be employed by the applicant to take care of any potential noises or
odors. They felt there would only be minimal traffic associated with the use. It was also noted
that the impact of a veterinary clinic would be less than other uses that were permitted on the
property.
Upon motion made by Mr. Thomas and seconded by Mr. Ours, the petition and
5
letter submitted by Mr. William Layden was made a part of the official record by unanimous
vote.
Upon motion made by Mr. Ours and seconded by Mr. Romine,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
approve Conditional Use Permit #006-95 of Dr. Bruce E. Welch, DVM, for a veterinary hospital
with the following conditions:
1. A site plan must be submitted and approved.
2. A business sign of a monument type not exceeding six feet in height and a maximum of
20 square feet will be allowed.
3. The use shall have a full screen to protect adjoining residential areas. Location and
extent of screening to be determined by staff during site plan process.
4. Any proposed expansion beyond that approved on the original site plan will require a new
conditional use permit and a revised site plan.
5. The proposed clinic or hospital must be connected to public sewer and water.
6. Compliance with all review agency comments must be completed prior to beginning
operation.
7. Only animals required to be hospitalized for medical reasons shall be allowed to remain
on the premises overnight.
8. Animals recovering at the facility will only be permitted in the outside area for brief
exercise periods.
9. Continuously barking dogs or other noises that may disturb the surrounding residential
areas shall not be permitted.
Conditional Use Permit #007-95 of Matt E. Plasters for automobile repair (interior
headliner replacement service) without body repair. This property is located at 783
Marple Road (Rt. 654) and is identified with PIN 41 -A -169G in the Gainesboro District_
Action - Recommended Approval with Conditions
Mr. Miller gave the background information and review agency comments. Mr.
0
Miller said that the applicant is a specialist in replacing automobile interiors, mainly headliners.
He said that most of Mr. Plaster's work is done at sites other than his residence; however, he
would like the capability and authorization to do some work in the attached garage at his home,
if the need arises. Mr. Miller said that the residence is totally screened by woodland and the
closest residence is approximately 300 yards away.
Mr. Matt E. Plasters, the owner and applicant, was present to answer questions
from the Commission.
neighborhood.
There were no public comments.
The Commissioners felt that the proposed use should not impact the surrounding
Upon motion made by Mr. Romine and seconded by Mr. Thomas,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
approve Conditional Use Permit #007-95 of Matt E. Plasters for automobile repair (interior
headliner replacement service) without body repair with the following conditions:
1. All review agency comments must be complied with.
2. All work must be done inside the attached garage.
3. No outside storage of parts and/or materials shall be permitted.
4. Any planned expansion of the activity will require a new conditional use permit.
A ELLATI N OF THE COMMISSION'S JULY 19TH MEETING
Mr. Watkins said that there were no applications pending for the Commission's
July 19th meeting and the Board of Supervisors will not have a second meeting in July. Mr.
Watkins said that the staff is recommending that the July 19th meeting be cancelled.
Upon motion made by Mr. Thomas and seconded by Mr. Marker,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
agree to cancel their regularly scheduled meeting for July 19, 1995.
ADJOURNMENT
Their being no further business to discuss, the meeting was adjourned at 8:00 p.m.
Respectfully submitted,
Robert W. Watkins, Secretary
Charles S. DeHaven, Jr., Chairman
BIMONTHLY REPORT OF PENDING APPLICATIONS
REZONINGS:
James Carroll
Shawnee2.81
acres RP to B2
(REZ)
Rt. 522
Submitted:
Location:
Custer Ave./Pembridge Rd.
Submitted:
10/07/94
PC Review:
Tabled by PC: 11/02/94
Tabled at Applicant's request: 12/07/94, 03/01/95, 04/05/95,
04/19/95
Next Review Date: 11/01/95
BOS Review:
not yet scheduled
Wayne Ridgeway
(REZ)
Gainesboro 2.047 acres
RA to B3
Location:
Rt. 522
Submitted:
04/05/95
PC Review:
Tabled at Applicant's request: 05/03/95,
Next Review Date: 08/02/95
BOS Review:
not yet scheduled
Frederick County
Sanitation Auth.
(REZ)
Shawnee
3.4087 acres
RA to B2
Location:
Macedonia Church Rd. (Rt. 642)
Submitted:
05/15/95
PC Review:
06/07/95 Approved
BOS Review:
07/12/95 Approved
IMASTER DEVELOPMENT PLANTS:
Fieldstone Hghts (MDP)69
Stonewall 1 SF Det. Trad. Lots (RP)
Location:
South of Valley Mill Rd. (Rt. 659)
Submitted:
04/25/95
PC Review:
05/18/94 Tabled
07/06/94 Approved
BOS Review:
08/10/94 Approved
Pending Admin. Approval:
Awaiting completion of review agency requirements
Battlefield Partnership
(MDP)
Back Creek
16.3 Acres of B2 Property
Location:
South of Winchester, between Rts. IIS and I-81
Submitted:
02/21/92
PC Review:
03/18/92 Approved
BOS Review:
04/08/92 Approved
Pending Admin. Approval:
I Awaiting completion of review agency requirements
James R. Wilkins, III
(MDP)
Shawnee 76 Apartments & 86 T.H. (RP)
Location:
South side of Rt. 659
Submitted:
11/02/95
PC Review:
12/16/92 Tabled
02/17/93 Approved
BOS Review:
03/10/93 Tabled
4/14/93 Approved
Pending Admin. Approval:
Awaiting completion of review agency requirements
2
Regency Lakes Estates
(Revised)(MDP)
Stonewall 575 Mobile Home Units on 168
Acres (MH1)
Location:
Regency Lakes Drive
Submitted:
04/28/95
PC Review:
05/03/95 Approved
BOS Review:
05/10/95 Tabled at Applicant's Request
05/24/95 Approved
Admin. Approved: =
07/11/95
SUBDIVISIONS:
RT&T Partnership (SUB)
Back Creek 17, ot - 29.6 Acres (B2)
Location:
Valley Pike (Rt. II So.)
Submitted:
05/17/95
PC Review:
06/07/95 Approved
BOS Review:
Approved MDP
Pending Admin. Approval:
Awaiting submission of signed plat & deed of
dedication
Briarwood Estates (SUB)
FStonewall
20 SF Det. Trad. Lots (RP)
Location:
Greenwood Rd.
Submitted:
01/03/94
PC Review:
Being held at applicant's request.
BOS Review:
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) !Fopequon
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.
Winc.-Fred. Co. I_D.C.
(SUB)
Back Creek
Two M1 Lots
Location:
Shady Elm Rd. (Rt. 651) and Industrial Dr. (Rt. 880)
Submitted:
05/03/95
PC Review:
05/17/95
BOS Review:
Approved MDP
Pending Admin, Approval:
I Approved 06/28/95
4
Winc.-Fred. Co. I.D.C.
(SUB)
Back Creek Four M1 Lots
Location:
Shady Elm Rd. (Rt. 651) and Industrial Dr. (Rt. 880)
Submitted:
05/11/95
PC Review:
05/17/95
BOS Review:
Approved MDP
Pending Admin. Approval:
Approved 06/28/95
Lenoir City Co. of VA
(SUB)
Gainesboro
One MI Lot
Location:
Intersection of McGhee and Kentmere Rds.
Submitted:
05/12/95
PC Review:
06/07/95
BOS Review:
Approved MDP
Pending Admin. Appl2val-J,
Approved 07/17/95
Preston Place (SUB)
Shawnee 72 Garden Apartments (RP)
Location:
North side of Airport Rd. (Rt. 645)
Submitted:
10/31/94
PC Review:
11/16/94 Approved
BOS Review:
Approved MDP
Pending Admin. Approval:
Awaiting signed plats_
5
Hampton Chase, Sect 1
(SUB)
Stonewall 36 SF Zero Lot Line Lots (RP)
Location:
North of Battle Avenue
Submitted:
10/05/94
PC Review:
11/02/95 Approved
BOS Review:
Approved MDP
Admin. Approved:
07/07/95
SITE PLANS:
Wheatlands Wastewater
Facility (SP)
Opequon
Treatment Facility on 5 Acres
(R5)
Location:
So.West of Double Tollgate; adj. & west of Rt. 522
Submitted:
09/12/89
Note:
Being held at applicant's request.
=Flex Tech (SP)
Stonewall
M 1 Use on 11 Ac. (M 1)
Location:
East side of Ft. Collier Rd.
Submitted:
10/25/90
Note:
Being held at applicant's request.
Frederick County Landfill
(SP)
Shawnee
Maintenance Bldg. on 1 acre
(RA)
Location:
480 Landfill Rd.
Submitted:
05/24/95
Approved:
Pending
M
Inn at Vaucluse Spring
(SP)
Opequon
Bed & Breakfast on 11.5 Acres
( )
HCMF Development Corp.
Stonewall
Addition on 1.6 Acres (RP)
(Van Gilder's Nursing
Approved:
I Pending
Home) (SP)
Location:
1011 Pennsylvania Avenue
Submitted:
05/30/95
Approved:
Pending
Inn at Vaucluse Spring
(SP)
Opequon
Bed & Breakfast on 11.5 Acres
( )
Location:
473 Vaucluse Rd.
Submitted:
06/13/95
Approved:
I Pending
Regency Lakes Estates,
Sect. D (SP)
Stonewall
Manufactured SF Homes on
30.1 Acres (MH 1)
Location:
Regency Lakes Drive
Submitted:
06/07/95
Approved:
Pending
Dawsons Investments Inc.,
Lot 5 (SP)
Back Creek Warehouse on 1.91 Acres (M1)
Location:
N.W. Corner of Industrial Dr. & Development Lane
Submitted:
06/27/95
Approved:
Pending
Winchester Electric (SP)
Stonewall
Warehouse on 2.05 Acres (M1)
Location:
120 Fort Collier Rd.
Submitted:
07/10/95
Approved:
Pending
Redland United Methodist
Gainesboro
Church on 5.0 Acres (RA)
Church (SP)
152 Fairfax Pike
Submitted:
11 11 Location:
intersection or No. Frederick Pk. (Rt. 522) &C rocs
11
Junction Rd. (Rt. 693)
Submitted:
06/08/95
Approved:
I Pending
Red Apple Deli (SP)
Opequon
960 sf Addition to Existing
2.9681 Acres (132)
Location:
152 Fairfax Pike
Submitted:
05/01/95
Approved:
06/30/95
K & J Investments (SP)
[StonewallIWarehouse
on 2.2 Acres (B3)
Location:
Rt. 661
Submitted:
05/18/95
Approved:
06/09/95
Church of Christ at Mt.
View (SP)
Back Creek
School Addition on 1.5 Acres
(RA)
Location:
4118 Valley Pike
Submitted:
05/02/95
Approved:
06/09/95
Hoss's Steak & Sea House
(SP)
Shawnee
Restaurant on 1.77 Acres (132)
Location:
1080 Millwood Pike
Submitted:
05/10/95
Approved:
06/07/95
Mad Bomber (SP)
Shawnee
Office/Warehouse on 7.27 Ac.
(M1)
Location:
Business Center, Lot 5
Submitted:
I
fAirport
1/95
Approved:
1/95
Frederick County
Sanitation Authority (SP)
Shawnee
Administration & Maintenance
Facility on 5.8966 Acres (RA)
Location:
East side of Rt. 642
Submitted:
06/06/95
Approved:
Pending
Winchester Regional
Airport (SP)
[Shawnee: Airport Corporate Hangers on
4 Acres (RA)
Locations:
491 Airport Rd.
Submitted:
02/09/95
Approved:
06/30/95
Carroll Construction (SP)
Stonewall
Construction Business on .4891
Acres (M2)
Location:
305 Ebert Rd.
Submitted:
05/17/95
Approved:
06/26/95
EXXON Station (SP)
Stonewall
rvice Station on 1.23 Acres
F(A)
Location:
4663 Martinsburg Pike
Submitted:
03/20/95
Approved:
07/06/95
Lenoir City Co. of VA.
(Lot 16) (SP)
Stonewall
Warehouse on 3.1 Acres (MI)
Location:
131 Kentmere Rd.
Submitted:
05/11/95
Approved:
07/11/95
Lakeview Townhouses,
Sects. V, VI, VII (SP)
Shawnee
Townhouses on 13.7507 Acres
(RP)
Location.
Intersection of Hackberry & Chinkapin Drives
Submitted:
05/19/95
Approved:
06/27/95
CONDITIONAL USE PERMITS:
Roy M. White (CUP)
Back Creek
Woodworking/Furniture
Making (RA)
Location:
995 Round Hill Rd.
Submitted:
05/12/95
PC Review:
06/07/95 Approved
BOS Review:
07/12/95 Approved w/ Conditions
Bruce E. Welch (CUP)
Opequon
Veterinary Hospital (RP)
Location:
689 Aylor Rd.
Submitted:
05/25/95
PC Review:
07/05/95 Approved w/ Conditions
BOS Review:
08/09/95
10
Matt Plasters (CUP)
Gainesboro
Auto Repair w/o body repair
Location:
783 Marple Rd.
Submitted:
06/09/95
PC Review:
07/05/95 Approved w/ Conditions
BOS Review:
08/09/95
VARIANCES:
Rick L. Shanholtz, Sr.Stonewall
(VAR) 11
16' Side Yard Variance (RA)
Location;
Gun Club Rd.
Submitted:
1[7618
21/95
BZA Review:
18/95 Approved
Lloyd Michael (VAR)
Back Creek 10' Left Side Yard & 33' Right
Side Yard for House (RA)
Location:
Rt. 614
Submitted:
06/22/95
BZA Review:
07/18/95 Approved
11
Oliver L. Payne (VAR)
Stonewall
18' Rear Yard Stbk & a Reduc-
tion of Min. Landscaped Area
from 25% to 8% (ml)
Location:
Rt. 11 in Stephenson
Submitted:
07/11/95
BZA Review:
08/15/95
11
Christopher Jennings
(VAR)
Stonewall
1.5'Side Yard for Attached
Garage (RP)
Location:
114 Ware Place
Submitted:
05/26/95
BZA Review:
06/20/95 Approved
Exxon Corporation (VAR)
Stonewall
8.7 Rear Yard for Storage &
Addition (RA)
Location:
4663 Martinsburg Pike
Submitted:
05/25/95
BZA Review:
1 06/20/95 Approved
12
IE- PLANNIN_G AND DEVELOPMENT - ACTIVITY REPORT #85 (July 1-15)
1 _ Transportation
Evan Wyatt met individually with representatives of the development community,
design firms, the Top of Virginia Builders Association, VDOT, and DRRS members to discuss
approaches that will be used to create improved standards for minor collector roads. These
standards will be reviewed by the DRRS in July and finalized in August. Staff will advertise for
public hearing following informal discussions with the Planning Commission and Board of
Supervisors.
2. Plan Reviews A royals and Site Inspections:
Evan Wyatt reviewed site plans for "Section D" of Regency Lakes Estates, located
on Regency Lakes Drive; a warehouse addition and truck staging area for the Shockey Company,
located along Martinsburg Pike; a new facility for Winchester Electric, located in the Fort
Collier Industrial Park; the new Pharmaceutical School, located at Shenandoah University along
University Drive; and the preliminary development plan for the new county office building
addition, located along Kent Street.
Evan Wyatt approved site plans for the Shenandoah Valley Christian Academy for
improvements to Valley Pike and Lenoir City Company of Virginia for a new warehouse facility
in the Stonewall Industrial Park.
Jean Moore approved site plans for the Exxon at Clearbrook (revised) and Red
Apple Deli located off Fairfax Pike.
Jean Moore also reviewed site plans for the Inn at Vaucluse Spring and the Amoco
Convenience Center that will be located at the intersection of North Frederick Pike and
Cumberland Trail Road.
3- Meetings
Evan Wyatt and Matthew Hott, of the Parks & Recreation Department, met with
representatives of Oakcrest Builders to discuss future recreational amenity improvements to the
townhouse section of Huntington Meadows.
Evan Wyatt participated in a preconstruction meeting at the School Board office
to discuss the requirements and responsibilities of all parties involved in the Redbud Run
Elementary School project.
Page 2
Activity Report #85
July 18, 1995
Evan Wyatt attended the July 11, 1995 City of Winchester Planning Commission
meeting to participate in the discussion regarding the preliminary site plan design for the new
county office building addition. Evan will be providing the Board of Supervisors with a
memorandum that details the preliminary review of this project.
4. Professional Development
Eric Lawrence participated in the annual regional meeting of the Planners
Network. Discussions at this event included ordinance requirements as they pertain to
landscaping, signs, and microwave towers. Additional discussions involved public participation
in the planning process and techniques for growth control.
5. Other
Eric Lawrence and Evan Wyatt continued work on streamlining the Master
Development Plan application process.
Jean Moore reviewed variance applications for Mr. Rick Shanholtz, Sr. and Lloyd
Michael. Mr. Shanholtz is requesting a 16' side yard variance from the required 50' to construct
a home. Mr. Michael is requesting a 10' side and 33' side yard variance from the required 50'
to construct a home.
IE. PLANNING AND DEVELOPMENT - ACTIVITY REPORT #84 June 16-30
1. Transportation
Bob Watkins attended Commonwealth Transportation Board Meetings in Richmond
concerning Route 37.
Evan Wyatt met with EDC's June Wilmot to discuss short and long term
transportation needs for the Valley Pike (Route 11 South) and Shady Elm Road (Route 65 1) area,
just south of Kemstown. The short term focus is to work with VDOT to install traffic
signalization at the intersection of Valley Pike and Apple Valley Road (by the General Electric
Plant) and to improve the railroad crossing. The long term focus is to provide new access from
Shady Elm Road to Valley Pike to benefit the existing IDC properties and future industrial sites
that desire railroad access.
Evan Wyatt continued to work with representatives of the development and design
community, and VDOT to create improved standards for minor collector roads.
2. Battlefield Preservation
Bob Watkins was interviewed on the Battlefield Network Plan by WINC.
The Battlefield Task Force held a worksession on the Battlefield Network Plan.
3. Plan Reviews, Approvals, and Site Inspections -
Evan Wyatt reviewed new site plans for the Redland United Methodist Church
located along Cross Junction Road (old Rt. 522), the Frederick County Sanitation Headquarters
located along Macedonia Church Road, and Moxon Timbers located along Development Drive
in the IDC Industrial Park. Evan also reviewed revisions to the Regency Lakes Master
Development Plan, the Lenoir City warehouse located in the Stonewall Industrial Park, and the
Van Guilder's Nursing Home addition.
Evan Wyatt approved site plans for the Lakeview Townhouse Development,
Sections V, VI, & VII, and the new Winchester Regional Airport hanger and office facility.
Evan Wyatt conducted site inspections at the Green Bay Packaging facility, Schenk
Foods, the Stonewall Ruritan facility, Southeastern Container, and Fort Collier Lease Building
#1. All of these facilities had not received final Certificate of Occupancy Permits due to
outstanding site work. The majority of these sites passed final inspection.
Page 2
Activity Report #84
June 30, 1995
4. Meetings
Bob Watkins and Kris Tierney attended a meeting of the Downtown Development
Board at Rouss City Hall. The meeting was to discuss issues facing downtown Winchester with
consultants who have been hired to prepare an economic impact report for the downtown area.
Wayne Miller and Eric Lawrence attended a Virginia Association of Zoning
Officials meeting to discuss efforts made in other jurisdictions in the zoning enforcement arena.
Eric Lawrence attended a meeting at the Lord Fairfax Planning District
Commission which discussed the creation of a Shenandoah Valley Trails Tourism Network. The
goal of this group is to promote the Valley's natural and historical environment through the use
of hiking and biking.
Bob Watkins, Jean Moore, and Eric Lawrence attended the Valley Vision Forum.
Eric Lawrence, Clayton Grant, and Marcus Lemasters met with the EDC's Dan
Malone to discuss the possibility of connecting the Planning Department to the Internet Service.
A major strength of connecting the department to the Internet would be to enable the
downloading of information that could be used in creating the County's Geographic Information
System.
Bob Watkins attended a Needs Assessment meeting for the United Way.
Bob Watkins met with a committee of the Handley Library Board to discuss long
range planning.
5. Meetings on Future Development Proposals
Bob Watkins and Kris Tierney met with two members of the Wilkins family to
discuss future development potential along Route 50, west of the Route 37 interchange.
Bob Watkins met with Mr. Edward Dove to discuss a possible rezoning.
Bob Watkins, Wayne Miller, and Roger Thomas met with Don Hague to discuss
townhouse design issues.
Page 3
Activity Report #84
June 30, 1995
Kris Tierney met with Mr. Bill Cowley to discuss the rezoning process. Mr.
Cowley is interested in rezoning a parcel located at the northeastern corner of the intersection
of Greenwood Road and Senseny Road to allow for the expansion of the existing gas station and
convenience store.
Kris also met with Mr. Greg Stotler to discuss a possible rezoning along Route
11 North, adjacent to Shade Equipment, for the sale of trucks.
Evan Wyatt met with Assistant School Board Superintendent, Tom Sullivan, to
discuss design issues associated with the proposed Redbud Run Elementary School on Berryville
Pike.
COUNTY of FREDERICK
Department of Planning and Development
703/665-5651
FAX 703/678-0682
TO:
Planning Commission Members
jFROM: Kris C. Tierney, Deputy Planning Directo
RE:
Request to Table Ridgeway Rezoning Application
DATE:
July 19, 1995
Attached is a letter from Stephen Gyurisin, with G.W. Clifford & Associates, requesting
that the Commission table consideration of the Ridgeway rezoning application for 60
days. The applicant is in the process of getting approval of a septic system for the
proposed business and is also preparing a sketch plan depicting the proposed site layout.
KCT/dc
107 North Kent Street
Winchester, VA 22601
P.O. Box 601
Winchester, VA 22604
gilbert w. cli f ford & associates, inc.
200 North Cameron Street 10 Winchester, Virginia 22601
540-667-2139 • Fax: 540-665-0493
July 17, 1995
Mr. Kris Tierney, Deputy Director
Frederick County Planning and Development Department
PO Box 601
Winchester, Virginia 22604
RE: Rezoning request #001-95 of Mr. Wayne R. Ridgeway.
Dear Kris:
On behalf of the applicant, I respectfully request that the above
referenced rezoning application be tabled by the Planning Commission
for another 30 to 60 days.
Critical information from the soil consultant needs to be completed so
that we may complete Health Department requirements and so that we
may clearly identify the drainfield site on a preliminary site
development plan. We anticipate that this work will be finished soon,
now that the soil consultant has finished the field "perk" testing.
As we discussed, completion of a site development plan is a critical
component of the revised proffer statement. The revised proffer
statement lists a specific uses and more importantly references the site
development plan. The owners plan to incorporate the site
development plan as part of their proffer, so that you and the neighbors
know exactly what type of physical improvements are planned for the
site.
P/C Review Date: 05/03/95
P/C Review Date: 08/02/95
REZONING APPLICATION #001-95
WAYNE R. RIDGEWAY
To Rezone 2.047 Acres
From RA (Rural Area)
To B3 (Industrial Transition District)
LOCATION: The property is located on US Route 522 just south of the intersection of
Bryarly Road (Route 789).
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 42-A-249
PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Area; Land Use -
residential.
ADJOINING PROPERTY ZONING & PRESENT USE: RA (Rural Area); Land Use -
residential.
PROPOSED USE: Retail hardware and small equipment sales.
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: No objection to rezoning of this
property. Before development, this office will require a complete set of
construction plans detailing entrance designs, drainage features, and traffic
flow data from the I.T.E. Trip Generation Manual, Fourth Edition for
review. Any work performed on the State's right-of-way must be covered
under a land use permit. This permit is issued by this office and requires
an inspection fee and surety bond coverage.
Page 2
Wayne Ridgeway Rezoning #001-95
Fire Marshal: Fire lanes required to any proposed structure in accordance
with U.S.B.C. and Frederick County Chapter 10.1. 1) Fire and rescue
impacts have been addressed in the impact statement. I've received no
response from Round Hill Fire & Rescue Co.. 2) Any burning of land
clearing debris on this site will require a permit from the Fire Marshal's
Office. 3) Burning of construction debris is prohibited. 4) Access for
emergency vehicles must be maintained to all structures at all times. 5)
When any work begins on site, street address numbers must be displayed in
accordance with Frederick County Ordinance.
County Engineer: 1) The current commercial tipping fee is $38/ton rather
than $35/ton. 2) Locating and developing a sanitary drainfield will be
difficult in this area, because of the relatively small lot sizes in the Albin
area, drainfield failures are a higher risk
Health Department: See attached letter dated January 31, 1995.
PLANNING:
Location: The parcel is located within the area of the Albin Community
Center. The Comprehensive Plan does not designate specific policies for
Albin, it neither promotes or discourages commercial development. The
Plan does speak in general terms about the likelihood of increased
commercial activity in most of the community centers.
The parcel involved is in close proximity to a number of commercial uses.
The property adjacent, to the northwest, has a CUP for a beauty salon.
Reading Landscape is located slightly further north. Ridge Country Store,
Omps Garage, Albin Self Storage, the County bus maintenance facility and
the Virginia Farm Market are all located along Route 522, south of the
parcel.
Site Suitability: The site is relatively level with frontage on both Routes
522 and 789. The impact report submitted points out that neither the
existing septic system nor the well are adequate for a commercial
operation. There is no indication as to whether or not sufficient water or
septic capacity can be located on the site.
Impacts: The traffic impact analysis submitted as part of the application
projects 1,533 trips per day based on 37,696 square feet of retail use. The
analysis also states that access to the property will be from Route 522,
Page 3
Wayne Ridgeway Rezoning #001-95
however there is no proffer to this effect. There is no crossover between
the north and south lanes of 522 at this location. Staff questions whether it
might be preferable to have an access on Route 789 since its southern
connection with 522 is controlled with a light, and the northern connection
is located at a crossover.
The applicant has submitted a proffer which excludes a number of the uses
permitted in B-3 Zoning and offers to contribute the amount necessary to
offset the projected impact to Fire and Rescue. There are a number of
uses which would remain permitted, they are; veterinary services, landscape
and horticulture services, building materials, hardware, garden supply,
mobile home dealers, retail nurseries, gas stations, business services,
miscellaneous repair services, self service storage facilities, accessory
retailing, public buildings, business signs, directional signs, building
entrance signs, residential uses which are a accessory to allow business uses
and parks. Staff feels that a few of these uses would not be appropriate
for this site.
Although the zoning ordinance would require buffering between B3 Zoning
and residential uses, the staff has some concerns about the potential visual
impacts of outdoor storage of rental vehicles and equipment.
Summary: Staff is not comfortable with some of the uses which remain
permitted with the proffers submitted. There is also some concern over
how adequate sewage disposal and water supply will be provided to the
site. The application does not address these necessities. There could be
a significant impact on traffic, particularly during peak hours.
STAFF RECOMMENDATION FOR 05 03 95 MEETING: Denial based on potential
negative impacts which have not been addressed.
PC ACTION ON MAY 3, 1995: Tabled for 90 Days at request of the applicant.
Lord Fairfax Environmental Health District
800 Smithfield Avenue
P. O. Box 2056
Winchester, Virginia 22604
3' F' (703) 722-3480 FAX (703) 722-3479
Counties of Clarke, Frederick, Page, Shenandoah, Warren, and City of Winchester
January 31, 1995
R£: Request for comments
Ronald A. Feathers property
TM # 42-A-249
To Whom It May Concern:
The new business proposed by Mr. Feathers must be served by a approved water
supply and sewage disposal system, therefore the necessary requirements of the
Virginia well Regulations and the Virginia Sewage Handling and Disposal
Regulations must be met.
A application with fees must be received at this office and then a site visit
must be made in order to evaluate the property for the possibility of a well and
sewage disposal system.
According to our files, the existing system on the property has previously been
evaluated and it was determined that the system is not suitable for anything
other than its present use.
Considering the above statements, if all requirements of the health department
can be met, this office has no objections.
jSincerely,
Karl E. Evans, £HSS
COUNTY of FREDERICK
Department of Planning and Development
703/665-5651
FAX 703/678-0682
MEMORANDUM
TO: Frederick County Planning Commission
FROM: Evan A. Wyatt, Planner II `L
RE: Amendment To The Supplementary Use Regulations - Structural Extensions
Into Setback Yards
DATE: ,duly 17, 1995
The Development Review and Regulations Subcommittee (DRRS) considered a request to allow
decks and storage sheds that are attached to townhouses to extend into required building setback
areas. Currently, the Zoning Ordinance requires a townhouse to be setback a minimum of 50
feet from the perimeter property line boundary, and in some cases a minimum of 100 feet
depending upon the zoning classification of the adjoining property (due to buffer and screening
requirements). Site designers generally incorporate this distance into the building lot, and place
the townhouse unit at the minimum setback line to discount the amount of developable land that
is lost to this requirement. A problem arises when the developer or the homeowner decide to
attach a deck or storage shed to the townhouse unit.
The DRRS evaluated this request as it would pertain to the current regulations found in Section
165-23F of the Supplementary Use Regulations. This language permits specific architectural,
structural and mechanical features to extend into setback yards within the various zoning
districts. This language has been on the books for several years and has proven to be beneficial,
particularly for residential lots which are limited in size. The DRRS felt that it would be
appropriate to allow attached decks and storage facilities to extend into the perimeter setback
area and the active portion of required buffer and screening areas provided that maximum
distances and heights were determined.
Included under this agenda item is the current language specified in Section 165-23F, as well
as the proposed ordinance amendments for your review and consideration. Staff asks that the
Planning Commission forward a recommendation to the Board of Supervisors for final
resolution.
107 North Kent Street P.O. Box 601
Winchester, VA 22601 Winchester, VA 22604
ARTICLE IV - Supplementary Use Regulations
165-23F Extensions Into Setback Yards
(5) Decks which are attached to townhouses and weak -link townhouses may be constructed
to the full width of the dwelling unit and may extend fifteen feet into a perimeter setback
area or the active portion of a required buffer area, provided that the decks are not
enclosed or covered and are not constructed higher than the finished floor elevation of
the primary entrance to the dwelling unit.
(6) Storage sheds which are attached to townhouses and weak -link townhouses that can only
be accessed through an outer entrance and do not exceed one-fourth the width of the
dwelling unit may extend ten feet into a perimeter setback area or the active portion of
a required buffer area.
§ 165-23 ZONING § 165-23
CORNER LOT
SETBACKS
FRONT
SETBACKS j I REAR SVUACxs
FRONT SETBACKS
- ROADWAY -
NOTE: The shortest of two
sides is designated
as the Front.
E. Accessory uses. Side and rear yard setback distances may be
established separately by the district regulations for accessory uses.
However, in no case shall the accessory use be placed within the front
setback yard required for the primary use on the lot.
F. Extensions into setback yards. The following features may extend into
setback yards as described:
(1) Air conditioners and similar equipment. Air conditioners, heat
pumps and similar mechanical equipment that are attached to the
primary structure may extend three (3) feet into any side or rear
yard area but shall not be closer than five (5) feet to any lot line.
(2) Architectural and structural features. Cornices, canopies,
awnings, eaves, gutters or other similar overhanging features
which are least eight (8) feet above the grade may extend three
(3) feet into any required yard setback area. Chimneys, sills,
headers, belt courses and similar structural features may extend
three (3) feet into required yard setback areas.
16527
10-25-93
§ 165-23 FREDERICK COUNTY CODE § 165-24
(3) Porches and related features. Balconies, porches, stoops, decks,
bay windows, steps and stairways which comprise less than
one-third (1/3) of the length of the wall of the primary structure
may extend three (3) feet into a required setback yard. In no case
shall such features be closer than five (5) feet to a lot line.
(4) Retail petroleum pumps. Retail petroleum pumps and canopy
supports shall be located at least twenty (20) feet from any road
right-of-way boundary. The canopies covering the petroleum
pumps shall be no closer than five (5) feet from any road right-of-
way.
G. Fences, freestanding walls and berms shall be exempt from the
setback requirements. [Amended 6-9-1993]
§ 165-24. Height limitations; exceptions. [Amended 4-10-1991]
A. No structure shall exceed the height limitations described in this
chapter.
B. Exceptions to height requirements.
(1) The maximum height requirements shall not apply to the
following: y
(a) Barns and silos.
(b) Belfries.
(c) Bulkheads.
(d) Chimneys.
(e) Church spires and towers.
(f) Flagpoles.
(g) Monuments.
(h) Domes and skylights.
(i) Masts and aerials.
(j) Radio and television transmission towers.
(k) Smokestacks and cooling towers.
(1) Utility poles and towers.
16528 10-25-93