HomeMy WebLinkAboutPC 05-04-94 Meeting AgendaAGENDA
FREDERICK COUNTY PLANNING COMMISSION
The Old Frederick County Courthouse
Winchester, Virginia
MAY 4, 1994
7:00 P.M. CALL TO ORDER TAB
1) Meeting Minutes of April 6, 1994 ............................ A
2) Bimonthly Report & 1 st Quarter Building Activity Report ............. B
3) Committee Reports .................................... C
4) Citizen Comments ............... ..................... D
5) Discussion with Mr. E. Frank Smith regarding a request to relax the Subdivision
Ordinance regulation pertaining to depth and width ratio requirements.
(Mr. Miller) ......................................... E
6) Presentation by the Winchester -Frederick County Bicycle Advisory Committee
regarding a proposal to include a regional bicycle plan in the County's
Comprehensive Policy Plan.
.................................................F
7) Discussion regarding a request from John Lewis, of Lewis & Associates, for
a waiver from the minimum driveway spacing requirements for Sheetz, Inc.
(Mr.Bise). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . G
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PUBLIC HEARINGS
8) Conditional Use Permit #001-94 God's Glory Land, for a church retreat. This
property is located on the northwest side of Route 704 (Back Creek Road),
3.3 miles southwest of Gore, in the Back Creek District.
(Mr. Miller) ......................................... H
9) Rezoning application #003-94 of C. L. Robinson Inc., to rezone 16 acres from
RA (Rural Areas) to B3 (Industrial Transition) for the district office of the
Winchester Division of the Virginia Department of Transportation. This property
is located on Route 50 West (Northwestern Pike) at the intersection of Route 803
(Roundhill Road) in the Back Creek District.
(Mr. Tierney) ........................................ l
MISCELLANEOUS
10) Other (no attachment)
MEETING MINUTES
OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board Room of the Old Frederick County Court House in Winchester, Virginia on
April 6, 1994.
PRESENT: Planning Commissioners present were: James W. Golladay, Jr., Chairman; John
R. Marker, Vice Chairman/Back Creek District; Marjorie H. Copenhaver, Back
Creek District; Todd D. Shenk, Gainesboro District; Roger L. Thomas, Opequon
District; S. Blaine Wilson, Shawnee District; Charles S. DeHaven, Jr., Stonewall
District; John H. Light, Stonewall District; Robert A. Moms, Shawnee District;
Terry Stone, Gainesboro District; Robert M. Sager, Board Liaison; and Vincent
DiBenedetto, Winchester City Liaison.
ABSENT: George L. Romine, Citizen at Large
Planning Staff present were: Robert W. Watkins, Director/Secretary; W. Wayne
Miller, Zoning Administrator; and Kris C. Tierney, Deputy Planning Director.
CALL TO ORDER
Chairman Golladay called the meeting to order at 7:00 p.m.
MINUTES - FEBRUARY 2. 1994 AND FEBRUARY 16, 1994
Upon motion made by Mrs. Copenhaver and seconded by Mr. Shenk, the minutes
of February 2, 1994, were unanimously approved as presented.
Mr. DeHaven and Mr. DiBenedetto had corrections to the spelling of their names
in the minutes of February 16. Upon motion made by Mrs. Copenhaver and seconded by Mr.
Shenk, the minutes of February 16, 1994, were unanimously approved with amendments
BIMONTHLY REPORT
Mr. Miller said the Hagers, who own the swimming pool/spa business on Route
50, west of Round Hill, desire to place a modular home model on a permanent foundation for
display for sales. Mr. Miller said that this is an authorized use in the B2 District and the staff
is requesting that a site plan be done. The Commission had no particular concerns or problems
with the use and instructed the staff to proceed with administrative review and approval of the
site plan.
Chairman Golladay accepted the Bimonthly Report for the Commission's
information.
INTRODUCTION OF MR TERRY STONE, REPRESENTING GAINESBORO
DISTRICT
Chairman Golladay introduced and welcomed Mr. Terry Stone, the newly
appointed commissioner for the Gainesboro District.
COMMITTEE REPORTS
Development Review & Regulations Subcommittee (DR&RS) - 3/22/94 Mtg
Mr. Thomas reported that the DR&RS discussed a rezoning on Senseny Road from
B1 to B2 and they also discussed allowing electrical supply stores in B2 areas. He said that this
request will be presented to the Commission this evening. Also discussed were use regulations
in business and industrial zoning districts. Finally, conditional use permit survey results were
reviewed and discussed.
Sanitation Authority - 3/17/94 Mtg.
Mrs. Copenhaver reported that the change -over to quarry water has been
completed and all other water projects are progressing.
Transportation Committee - 4/5/94 Mtg.
Mr. Thomas reported that the Transportation Committee acted on and discussed
the following topics: 1) recommended approval of additional funding for Route 642; 2)
recommended that a study be conducted to lower the speed limit on Route 50 East to 35 mph
from the entrance of Carpers Valley Golf Course to the Winchester City limits; 3) recommended
that VDOT study the intersection area for Route 50 East, Prince Frederick Drive, and Pembridge
3
Heights once the Corp of Engineers facility opens to determine if traffic signalization is
warranted; 4) discussed a proposal by VDOT to improve the Route 11 NorthlRoute 371I-81
Interchange area; 5) discussed a proposal to provide traffic signalization at the intersection of
Route 522 south and the entrances to the Dominion Square Complex and Delco Plaza; and 6)
VDOT informed the Committee that the improvements to Greenwood Road (Rt 656) would be
delayed (except for the intersection realignment with Senseny Road) and that the improvements
to Middle Road (Route 628) would begin earlier than anticipated.
RESOLUTIONS OF APPRECIATION
Upon motion made by Mr. Marker and seconded by Mr. Light, the Planning
Commission unanimously adopted resolutions honoring Beverly Sherwood, Manuel DeHaven,
Ron Carper, and James Barnett for loyal, dedicated, and outstanding service to the Frederick
County Planning Commission. (Resolutions attached at end of minutes.)
DISCUSSION REGARDING A REQUEST FROM TACO BELL FOR A WAIVER FROM
BUFFER REQUIREMENTS
Action - Approved
Mr. Watkins stated that the Planning Commission is being asked to grant a waiver
of the provisions specified by Section 165-371)(5) of the Frederick County Zoning Ordinance.
He said that this section allows the Planning Commission to waive any or all of the requirements
for zoning district buffers on a site plan if the proposed uses are allowed on the proposed parcel
and the adjoining parcel. Mr. Watkins said that the required buffer is defined as a B -Category
Buffer with full screening; a minimum distance of 50' is required, as well as an opaque screen
with landscaping.
Mr. Guy C. Tudor, P.E. & L.S. of Ingram -Tudor & Co., P.L.C., said that he
was representing Burger Busters, a franchise of Taco Bell. Mr. Tudor said that Taco Bell is
interested in developing a new restaurant on PIN #43-2-A, zoned M L He said that the adjoining
parcel, PIN #43-3-D, located on the southwest side, is zoned B2. Mr. Tudor said that this
waiver is requested as a fall back position by Taco Bell, as they are planning to rezone the
property to B2 in the near future.
There was no public comment.
Upon motion made by Mr. Light and seconded by Mr. Marker,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
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agree to eliminate the distance buffer and opaque screen for the above mentioned parcel, if the
zoning remains MI. The Planning Commission also requires Taco Bell to provide a landscaped
easement that is ten (10) feet in width, with a minimum of three trees per ten (10) linear feet --
two-thirds of the trees within this landscaped easement should be evergreen and one-third
deciduous, with all trees being a minimum of four feet in height when planted.
DISCUSSION REGARDING A REQUEST FROM C_ E_ MADDOX. JR_, OF G_ W.
CLIFFORD & ASSOCIATES, FOR A WAIVER FROM THE MINIMUM DRIVEWAY
SPACING REQUIREMENTS
Action - Approved
Mr. Watkins said that the Planning Commission is being asked to grant a waiver
under the provisions specified by Section 165-29B(1) of the Frederick County Zoning Ordinance.
Mr. Watkins said that this section permits the Planning Commission to allow other means of
motor vehicle access provided that left turns are restricted and one-way travel is ensured. He
said that the spacing requirements for entrances on arterial highways with speeds greater than 35
miles per hour is 200'.
Mr. Charles E. Maddox, Jr., of G. W. Clifford & Associates, said the First
Virginia Bank is currently located on this property. He said the owner plans to develop a fast
food restaurant and a convenience store with gasoline pumps. Mr. Maddox said that the
proposed new entrance will connect to Martinsburg Pike (Route 11 N) and is less than 200' from
the existing commercial entrance. Mr. Maddox said that a waiver of the spacing requirement
(for a commercial entrance on an arterial highway) is needed.
The Commission was concerned about the traffic problems in this area. It was
noted that this particular area is being studied by VDOT for traffic improvements and this request
would need to be reviewed by VDOT.
Upon motion made by Mr. DeHaven and seconded by Mr. Morris,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby grant the
waiver to the entrance spacing for the First Virginia Bank property and requests that the site plan
come before the Commission for review.
PUBLIC HEARINGS:
Conditional Use Permit #001-94 of God's Glory Land for a church retreat_ This
property, zoned RA (Rural Areas), is identified with Property Identification Numbers 37-
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A-45, 37-A-46, 37 -A -46A, and 37 -A -46B, and fronts on the northwest side of Route 704
(Back Creek Road), 3.3 miles southwest of Gore, in the Back Creek District.
Action - Tabled for 30 Days
Mr. Miller said that this proposal is for a religious retreat consisting of four
separate tracts of land, three of which already have residences. He said that each parcel can only
be permittedt to contain one permanent residence. He said that seasonal residences for staff
members may be permitted as accessory to the primary use.
Mr. Thomas G. Adams said that his wife Rosalie Adams, Ms. Alice Fox, and
himself were the principals of this CUP application. Mr. Adams introduced Mr. Barney Willis,
his associate for the past 14 years, and Mr. Bruce Edens, of Greenway, Inc., the project
consultant. Mr. Adams felt they could meet all the requirements stated by the review agencies
and it was also their intent to consolidate the four parcels.
Mr. Adams explained that year-round caretaking would consist of grounds
maintenance and security, snow removal during winter, and during operational months there will
be linen service, dining service, and spiritual service.
The Commissioners felt it was necessary to establish criteria and to define "staff
residency" versus "permanent residency" and to establish details of durations of stay for staff and
guests. They felt it was also necessary to state the number of staff employed and guests, and
how many months out of the year the facility would operate.
The Commissioners also felt that the sewage treatment plant should only be
allowed to service one parcel of land for this activity because doing otherwise would violate the
intent of the Comprehensive Plan. In order to do this, the four parcels would need to be
consolidated. (The staff noted that if the sewage treatment plant served multiple parcels, the
plant would need to come under the Sanitation Authority's jurisdiction.) There was also concern
that if the facility was not operational year-round, there would be large fluctuations in use of the
sewage treatment plant. This would effect the operational efficiency of the plant, resulting in
affluent being discharged into Back Creek. The Commissioners felt this needed to be addressed.
Commissioners noted that the fire marshal requested a 15 % grade on the roads and
that "David's Lane" may not meet that requirement. Commissioners also asked about the second
entrance that was required by the fire marshal.
Mr. Edens said that the alignment of David's Lane may have to change somewhat,
but they felt they could meet the required 15 %. Mr. Edens also stated that they were planning
to use the driveway to the northeast as the second entrance.
Chairman Golladay stated for the record that he spoke with Mr. Renwyn T.
Triplett, an adjoining property owner, and Mr. Triplett had no problems with the CUP as long
D
as it did not turn into permanent housing.
Chairman Golladay called for other citizen comments, but no one came forward
to speak.
The Commissioners had no problems with the concept of the operation; but felt
it could have an impact on public facilities in the area, depending on the number of people using
and operating the retreat. They felt the applicants needed to clearly address the concerns of the
Commission so that they could make a clear judgement and so that the adjoining property owners
would know what to expect.
Upon motion made by Mr. Marker and seconded by Mr. Wilson,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
table Conditional Use Permit #001-94 of God's Glory Land, c/o Thomas G. Adams, for 30 days
for more information.
Conditional Use Permit #002-94 of Boyer Landscaping, Inc., for the expansion of an
existing landscaping business. This property, zoned RA, is identified with PIN #86-A-
159 and 86-A-160 and is located on Route 277 (Fairfax Pike), past the intersection of
Route 277 and Route 636 (White Oak Road) in the Shawnee District_
Action - Recommendation of Approval
Mr. Miller stated that the applicant received CUP approval for his existing
landscaping business on September 9, 1992. He said that this application is requesting expansion
of the business onto an adjoining lot to the east of the operating location. Mr. Miller said that
the applicant has advised that he now owns parcels 159, 159D, and 160. Mr. Miller stated that
VDOT comments for the original CUP required that a commercial entrance be installed for this
property and use, however, the required entrance has not yet been installed. The staff felt it
would not be unreasonable to require the applicant to complete the entrance requirements in a
specified period of time.
Mr. Lewis A. Boyer, 11, the owner and applicant, felt that the cost of installing
the commercial entrance and the tar and chip parking was a heavy burden to place on his
business at this time. Mr. Boyer said he was not opposed to installing the entrance, but would
like to be given more time to do so. He said he was not aware, from his dealings with VDOT,
that there was a deadline for completion of the commercial entrance. He said the existing
entrance is 30' and the property has been bonded. Mr. Boyer proceeded to describe for the
Commission the following improvements that he had made to the property: 1) 250+' of board
fence screening on the east side of the property; 2) construction of two pole buildings for
storage of equipment; 3) landscape screening as specified on the original site plan; 4) gravel
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truck turn -around; 5) employee and company parking; 6) construction of a shade house/green
house; 7) 17+ customer parking spaces; and 8) setbacks have all been met (He plans to
consolidate his three parcels in the near future). Mr. Boyer requested that he be allowed to
increase his sign size by one foot on each side, that he be allowed to increase his number of on-
site employees from two to four, and off-site employees from three to eight.
Chairman Golladay called for citizen comments and the following persons came
forward to speak in favor of the Boyer CUP:
Mr. Raymond Sandy, residing on Fairfax Pike, to the west of Mr. Boyer's
property, spoke positively about the way Mr. Boyer has handled the appearance of his business
so far. Mr. Sandy was impressed with the screening, storage buildings, and parking and felt Mr.
Boyer had a good reputation in the community.
Mr. Arthur H. Fulton, business property owner to the south of Mr. Boyer's
property, said that Mr. Boyer has continued to improve the appearance of the property. He said
that Mr. Boyer has improved the appearance of the house, planted grass, and cleaned up the rear
of the property. Mr. Fulton felt that Mr. Lewis Boyer and his company were an asset to the
community and area.
Chairman Golladay emphasized to Mr. Boyer that the commercial entrance was
a condition of his previous CUP #010-92 and that he was in violation of his permit. The
Commission agreed to allow Mr. Boyer an extension on installing the commercial entrance and
parking area, but emphasized that these items must be completed within six months of the final
approval of this new CUP.
Upon motion made by Mr. Shenk and seconded by Mr. Morris,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
recommend approval of Conditional Use Permit #002-94 of Boyer Landscaping, Inc., for the
expansion of the existing landscaping business with the following conditions:
1. Any change in use or expansion of this use shall require a new permit.
2. No more than one sign shall be allowed and it shall be limited to 15 square feet in size.
3. A revised site plan must be submitted and approved. Requirements of the site plan must
be completed within six (6) months of the final approval date of this permit.
4. The commercial entrance must be completely installed and approved within six (6)
months of the final approval of this permit.
If allowed to continue in existence, internal lot lines must be honored with proper setback
restrictions.
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6. All review agency comments must be addressed and requirements completed in
conjunction with the completion date of the site plan requirements.
Rezoning Application #001-94 of Negley Construction to rezone 2.5 acres from B3
(Industrial Transition) to B2 (Business General) for uses allowed in the B2 District. This
property is identified with PIN #43-A-52 and is located off of Route 11, on Welltown
Road, in the Stonewall District.
Action - Recommendation of Approval
Mr. Light said he would abstain from discussion and vote on this rezoning due
to a possible conflict of interest.
Mr. Tierney said there would be little anticipated impact to the area as a result of
the proposed rezoning. He said the County Impact Model indicates that the anticipated costs for
the portion of the fire and rescue services not already funded by the county would be $1,331.09
for this site as presently zoned. He said the cost for the site under B2 zoning would be
$1,376.76, which is an increase of roughly $45.00.
objections.
Mr. Harry Benham was present to represent the applicant.
There were no citizen comments.
Given the lack of anticipated impact of the rezoning, the Commission had no
Upon motion made by Mr. Shenk and seconded by Mr. Thomas,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
recommend approval of Rezoning Application #001-94 of Negley Construction to rezone 2.5
acres from B3 (Industrial Transition) to B2 (Business General) for uses allowed in the B2
District. (Mr. Light abstained)
(Mrs. Copenhaver left the meeting at this point.)
Rezoning Application #002-94 of Thomas C. Glass to rezone 2.38 acres from BI
(Neighborhood Business) to B2 (Business General) for uses allowed in the B2 District.
This property is identified as PIN #55-A-194 and is located east of Winchester, at the
0
northwest corner of the intersection of Senseny Road and Greenwood Road, in the
Shawnee District.
Action - Motion for Approval Failed
Mr. Tierney stated that the applicant is requesting a rezoning to B2 and has limited
B2 uses by submitting proffers which eliminate the intensive uses permitted in B2. He said that
the applicant has also proffered a maximum floor area ratio (FAR) of 3 1, 100 square feet which
conforms to the current FAR limitations of B 1 zoning.
Thomas C. Glass, the owner of Country Park Shopping Center, said that the
Commission and Board changed the B1 Zoning in 1988 to allow him a larger building with
certain restrictions. Mr. Glass said the BI zoning has not worked out. He explained that his
building has been open for six years and has never been more than 50% full. He said that
presently, he is only at 40% capacity. Mr. Glass said the Bl Zoning does not have enough
appropriate uses to fill his building space. Mr. Glass felt that retailing has changed dramatically
since 1988. He felt his building lent itself well to retail stores such as hardware, small furniture,
paint and wall covering supplies, and plumbing and electrical supplies --all 132 uses in the
ordinance. He mentioned that a convenience store with gas pumps is an allowed use in Bl, but
he felt this use would not be desirable at his location.
Some of the Cmmissioners preferred that the applicant state the specific uses he
wanted rather than proffering out a long list of uses that would not be allowed. These
commissioners felt that proffering out uses to get a rezoning could be detrimental in the long run
because it does not address uses which might be added to the zoning category in the future. The
Commissioners debated the definitions of "wholesale" and "retail" whether the entire B 1 Zoning
category needed to be reworked.
Mr. Morris said that he received two telephone calls from community residents
who sympathized with Mr. Glass's dilemma and who felt other retail or small wholesale uses
should be allowed there.
Mr. Watkins said he also received a telephone call from an adjoining property
owner. Mr. Watkins said the property owner was satisfied that the proffers would properly
control the situation.
Chairman Golladay called for public comment, but no one came forward.
The Commission realized that Mr. Glass needed a broader base of allowable
business uses, but they did not want to set a precedent that would cause problems in other areas
of the county. They felt that allowing other specific uses in BI, rather than rezoning to B2,
would be the desirable approach and would not set a precedent for more B2 rezonings. Other
Commissioners were of the opinion that it would be detrimental to add more uses to B 1 Zoning
and felt they should go along with the staff recommendation for approval to rezone to B2.
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Mr. DeHaven moved to approve the rezoning. This motion was seconded by Mr.
Shenk and the following vote took place:
YES (TO APPROVE): DeHaven, Shenk, Golladay, Marker
NO: Morris, Thomas, Wilson, Light, Stone
The motion failed and no further motions made.
An amendment to Chapter 165 of the Frederick County Code, Zoning, Article III,
Supplementary Use Regulations, Section 165-37, Buffer and Screening Requirements, and
Article VI, RP (Residential Performance) District, Section 165-58 Intent, and Section
165-62, Gross Density_ The proposed amendments pertain to perimeter and interior
residential separation buffers, permitted gross densities in the RP District, and multi-
family housing percentages.
Action - Approval
Mr. Watkins said the proposed "sliding scale" and permitted multi -family dwelling
percentages were discussed with and agreed upon by the Top of Virginia Builders Association.
Mr. Watkins said that the staff provided a copy of the proposed amendments to the
Commonwealth Attorney for review. He said that the Assistant Commonwealth Attorney, Mr.
Jay Cook, had reviewed preliminary drafts of the amendments and did not see any problems with
the proposed language.
The Planning Commission felt that the proposed language would assist in the
reduction of overall gross density for multi -family developments while still providing developers
the opportunity to create marketable developments.
Upon motion made by Mr. Wilson and seconded by Mr. Thomas,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
recommend approval of an amendment to Chapter 165 of the Frederick County Code, Zoning,
Article III, Supplementary Use Regulations, Section 165-37, Buffer and Screening Requirements,
and Article VI, RP (Residential Performance) District, Section -165-58 Intent, and Section 165-
62, Gross Density, which pertain to perimeter and interior residential separation buffers,
permitted gross densities in the RP District, and multi -family housing percentages.
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OTHER
Discussion on Recommendations from the CP&PS (Comprehensive Plans & Programs
Subcommittee) Concerning Sewer to the Rural Community Centers_
No Action
Mr. Tierney stated that the CP&PS has reviewed the results of the Alternate
Wastewater Treatment Study for the rural community centers and discussed the possible
implications of providing sewer service to the three centers that were evaluated. Mr. Tierney
said the Committee expressed concern over the effect sewer availability would have on growth
pressure within the centers and how much control the County could maintain over this pressure.
He said it was the recommendation of the CP&PS that land use plans should be developed for
the Centers. He said the Committee agreed that to attempt to choose an appropriate means of
providing sewer, let alone try to scale and design a system, prior to having an understanding of
the long range goal for the centers, would be inappropriate.
The Planning Commission felt that the preparation of land use plans for the
community centers was the proper approach and they advised the staff to work with the CP&PS
to begin those studies.
ADJOURNMENT
There being no further business to discuss, the meeting adjourned at 10:30 p.m.
Respectfully submitted,
Robert W. Watkins, Secretary
James W. Golladay, Jr., Chairman
Resolution of appreciation
Honoring
Beverly J. Sherwood
WHEREAS, Beverly J. Sherwood served on (lie Frederick
County Planning Commission with dedication,
professionalism, and insight from January 13, 1988 to
December 31, 1993; and,
WHEREAS, during her tenure, the Frederick County
Planning Commission did make great strides towards huilding
a hetter future for the people of Frederick County; and,
WHEREAS, the members of the Frederick County
Planning Commission and the staff of the Frederick County
Department of Planning and Development wish Beverly J.
Sherwood continued success in her term as Delegate to the
.Mate Mouse of Delegates;
NOW, THEREFORE, BE IT RESOLVED, That on
this 6th day of April 1994, the Frederick County Manning
Commission does express its deep appreciation and gratitude
to Beverly J. Sherwood for a Yoh well done!
Resolution of Appreciation
Honoring
Manuel C. DeIH[aven
WHEREAS, Manuel C. DeHaven served on the Frederick
County Planning Commission with dedication,
professionalism, and insight from January 10, 1972 to
February 12, 1994; and,
WHEREAS, during his tenure, the Frederick County
Planning Commission did make great strides towards building
a better future for the people of Frederick County; and,
WHEREAS, the members of the Frederick County
Planning Commission and the staff of the Frederick County
Department of Planning and Development wish to encourage
Manuel C. DeHaven to remain active in community affairs
and to continue to provide his insight to the Commission;
NOW, THEREFORE, BE IT RESOLVED, That on
this Pith day of April 1994, the Frederick County Planning
Commission does express its deep appreciation and gratitude
to Manuel C. DeHaven for a job well donel
Resolution of Appreciation
Honoring
Ronald W. Carper
WHEREAS, Ronald W. Carper served on the Frederick
County Planning Commission with dedication,
professionalism, and insight from January %, 1992 to March
16, 1994; and,
WHEREAS, during his tenure, the Frederick County
Planning Commission did make great strides towards hudding
a Letter future for the people of Frederick County; and,
WHERE,A,S, the members of the Frederick County
Planning Commission and the staff of the Frederick County
Department of Planning and Development wish to encourage
Ronald W. Carper to remain active in community affairs and
to continue to provide his insight to the Commission;
NOW, THEREFORE, BE IT RESOLVED, That on
this 6th day of April 1994, the Frederick County Planning
Commission does express its deep appreciation and gratitude
to Ronald W. Carper for a joh well donel
Resolution of Appreciation
Honoring
James W. Barnett
WHEREAS, .Tames W. Barnett served on the Frederick
County Planning Commission with dedication,
professionalism, and insight from July 18, 1990 to December
31, 19931 and,
WHEREAS, during his tenure, the Frederick County
Planning Commission did make great strides towards huilding
a better future for the people of Frederick County; and,
WHEREAS, the members of the Frederick County
Planning Commission and the staff of the Frederick County
Department of Planning and Development wish to encourage
.Tames W. Barnett to remain active in community affairs and
to continue to provide his insight to the Commission;
NOW, 'THEREFORE, BE IT RESOLVED, That on
this 6th day of April 1994, the Frederick County Planning
Commission does express its deep appreciation and gratitude
to .Tames W. Barnett for a job well done!
M E M O R A N D U M
TO: Frederick County Planning Commission
FROM: Robert W. Watkins, Secretary
SUBJECT: Bimonthly Report
DATE: April 21, 1994
(1) Rezonings Pending:
(dates are
submittal dates)
God's Glory Land
3/08/94
Twin Lakes
Negley Construction
Thomas C. Glass
C. L. Robinson
4/04/90
2/03/94
3/14/94
3/30/94
Shaw
Ston
Shaw
BkCk
RA
B3
B1
RA
to
to
to
to
B2/RP
B2
B2
B3
(2) Rezonings Approved:
dates are
BOS meetin
dates
(5) Conditional Use Permits Approved: (dates
are approval dates)
None
(6) Site Plans Pending:
None
submittal
dates
Wheatlands Wastewater
Fac. 9/12/89 Opeq
Trmt.facil
(3) Rezonings Denied: (dates are BOS meeting dates
None
(4) Conditional Use Permits Pending:
(dates
are submittal dates)
God's Glory Land
3/08/94
BkCk
Church Retreat
Boyer Landscaping
3/11/94
Shaw
Expansion of Existing
Business
(5) Conditional Use Permits Approved: (dates
are approval dates)
None
(6) Site Plans Pending:
dates are
submittal
dates
Wheatlands Wastewater
Fac. 9/12/89 Opeq
Trmt.facil
Grace Brethren Church
6/08/90
Shaw
Church
Flex Tech
10/25/90
Ston
Lgt. Industrial
Lake Centre
05/15/91
Shaw
Townhouses
Red Star Express Lines
05/24/91
Ston
Whse. Addition
Freeton
04/27/92
Opeq
Townhouses
84 Lumber
01/26/94
Ston
Storage Addition
Corrigated Container
02/22/94
BkCk
Light Industrial
Shenandoah B1dg.Supply
03/01/94
Gain
Warehouse
2
Shenandoah Gas Co. 04/12/94
Hager's Spa & Pool Ctr. 04/15/94
Sheetz 04/20/94
Shaw Offices
BkCk Model Home
Ston Conven. Store & Gas
Pumps
(7) Site Plans Approved: (dates are approval dates)
None
(8) Subdivisions Pending: dates are submittal dates
Briarwood Est. 01/04/94
Stonewall
(9) Subdivisions Pending Final Admin. Approval: (P/C or BOS approval
dates
Abrams Point, Phase I
06/13/90
Shawnee
Lake Centre
06/19/91
Shawnee
Coventry Courts
12/04/91
Shawnee
Freeton
05/20/92
Opequon
Village at Sherando
06/16/93
Opequon
Paul Negley
08/11/93
Stonewall
Fredericktowne Est., Sec
8 & 9 10/06/93
Opequon
Lake Holiday Sec. 1B
12/08/93
Gainesboro
(10) PMDP Pending: (dates -are submittal dates).
Lake Front Apartments 03/28/94 Shawnee
(11) FMDP Pending Administrative Approval: (dates are BOS„approval
dates
Battlefield Partnership 04/08/92 Back Creek
James R. Wilkins 111 04/14/93 Shawnee
Woodside Estates 04/13/94 Opequon
(12) FMDP Administ. Approved (dates are admin. approval dates)
None
(13) Board of Zoning Appeals Applications Pending:(submit. dates)
Wendy Baruch & 4/20/94 BkCk 9.83' rear & 40'
Francis Dicesare front --primary
structure/5' rear &
50' front -accessory
bldg.
3
(14) BZA Applications Approved: (approval datpcl
None
(15) BZA Applications Denied:
None
(16) PLANS RECD. FOR REVIEW FROM CITY OF WINCHESTER
McDonalds Restaurant Rt.50/Rt. 37
onReport
Januar
—4
H
Comparison of
1994'
Accumul ative Plonthly 'Totals
Z
Zoning ng
PROVED FOR ZONING
13
23
12
Total
January
1993
Multi -family
O
°
7
Ad
0
M
H
o
o
14
6
A
N
td
N
N
U
4i o
11
A
y
cd N N
U O O
10
6
O
U
Cd
3 Cr
td N
C,,
llob i l e homes
0
O U U'
0
0
2
0
0
- New Units
U
U
M to n
TOTAL PERMLTS AP-
-4
H
—4
H
--,
�,
H
--f
d
E0�
1-4M
0
E--
PROVED FOR ZONING
13
23
12
5
13
1.
Multi -family
0
7
0
0
0
2.
Single-family
6
4
3
27
25
11
dwellings
6
10
6
0
4
3.
llob i l e homes
0
3
0
0
2
0
0
- New Units
0
2
0
0
2
1
- Replacements
0
1
0
0
0
4.
Industrial
0
1
0
0
0
5.
Commercial
0
0
0
0
0
6.
Miscellaneous
7
2
6
5
7
"11MT.'l i - Comml-y
'Ibt,.l
200 —
150 —
- -----
---- -
100 —
-------
..._....--
50
0
.1
H
-4
H
—4
H
--,
�,
H
--f
d
E0�
1-4M
0
E--
U
U
U
U
U
+-1
U I
66
17
12
21
133
11
194
75
67
7
0
0
0
120
0
120
6
6
26
7
7
6
4
3
27
25
11
5
0
0
0
1
3
4
2
1
0
0
0
0
0
0
0
1
0
3
0
4
1
1
1
p
1
1
0
0
0
0
0
0
0
6
0
0
0
0
0
0
0
0
4
27
10
5
15
8
5
43
42
39
W
30 40 24
10 8 3
0 1 0
14 0 11
32 37 25
a� c: ;� �_ • . • 11 t..l. c1 i. -- — _. f ,-...- ,_ 2 1 r• r .
Monthly Report
a�3 nuary
Comparison of
- February—
Accumulative
Monthl Totals
1-2
Zoning
1g94
Tvtal
Januar
- Februar
1993
Total
1992
1-2
_
1991
199
19
O
ai
H
H
H
H
O'-11
Cd
N
O
O
O
p
O
O
•r�-1
O
U
ted
t -
Cd 0
to
ra
`
�
py,ri�.��.
q
U
(d
41
�
c
v
N
+-
U
07
O
U
U
o
U
o
U
U
O
U
TOTAL PERMITS AP-
PROVED FOR ZONING
26
37
24
16
28
131
34
29
35
1. Ptulti-family
0
7
0
148
43
289
153
171
261 1
220
190
0
0
7
0
0
0
120
19
139
14
6
84
24
12
2. Single-family
dwellings
12
15
10
1
11
49
13
1510
-
8
7
53 _
54
40
67
93
66
3. Mobile (tomes
0
7
1
0,
4
12
1
3
- New Units
9
0
1
0
1
5
10
5
3
18
20
11
- Replacements
3
1
2
0
0
2
3
2
2
9
15
7
•
0
1
3
5
4
4. Industrial
0
1
0
0
0
1
0
_
0
0
0
0
0
0
6
0
2
0
5. Commercial
0
0
0
0
0
0
0
0
6. Miscellaneous
14
7
13
15
13
-
62
20
0
1
0
1
0
7
20
1
32
11
25
18
12
86
80
109
72
80
69
hI:RMITS - ColmL-y
'Pohl
400 —
300 —
---
----
__
--
200
-
100
1988
19
9
19
0
19
1—
am"'°"N"m -County Total
--_,,
1
92
1993
19 4
t1O1JTIII,Y UPORT
Comparison, of tndi.viduj,1
Mrn,1 11y 'yoLals
�,,,ninct
February
I'ot_al
e
ruar y
rotal_
-
92
1/91
1/90;
1/88
o
a
?
E
a
p
a
iii
o
o
n
o
o
0
.
�i
t0
vj
R�
U
pI
H
H
H
W
H
(�l
O
U
a
E�
J
''
r''
fl
Or
E>E4
>+
>�
>,
H
FC
:C
a
]
C
H
rcRW,
J
J
U
to
C4
to
O
U
U
to
W
to
p
U
O
U
O
U
p
U
U
U
TOTAL PERMITS AP-
PROVED FOR ZONING
13
14
12
11
15
65
17
17
14
15
32
95
78
104
91
124
127
1.. DUu11..i.-Camily
0
0
0
0
0
0
0
0
0
0
19
19
8
0
0
14
12
2. sh,g](�-Family
dwellings
6
5
4
1
7
23
6
8
4
4
4
26
29
29
37
53
'42
3. Mobile homes
0
4
1
0
2
7
1
_
3
0
0
2
6
3
2
8
12
8
tJew Units
0
4
1
0
0
5
0
1
0
0
2
_3__1
1
5
8
5
- Replacements
0
0
0
0
2
2
1
2
0
0
0
3
2
1
3
4
3
4. Industrial
0
0
0
0
0
0
0
0
0
0
00
0
0
0
1
0
5. Commercial
0
0
0
0
0
0
0
0
0
1
OE
i
0
3
6
1
21
6. Miscellaneous
7
5
7
10
6
35
10
6
10
10
7
43
38
70
40
43
44
PERMPI's - CounL-y 'Total
200
150
100 — - ---- ---- --
50 ----- --
J -_ 1
1988 1989 1990 1991 I
1992
County Total - Resdiential — — —
1993 1994
-Commercial & Industrial
h1:ItMT'1'S - Conlily '1'oLa.l
400
300
200
100
P1pPPI'iILY RI F'OR'1'
comparison
oi:
Jnfii.vi.du,(.l
Pirn(I,Irl.y
'Tot_�ls
:.on.incl
MARCH 1994
Total
MARCH 1993
Total
_ 1/92
1/91
1/.90i
1/89
1/88
19
1
o
a
U
Ga
7
o
E t
`a
►
Q�
0
E4
0
H
0
0
0
0
COO
r>
I I
7
H
E+
H
H
0
U
Or
rC
C7
(n
W
:L
W
a'
O
O
U
(7
O
m
it:
W
0
J
J
_
�
0
ICTAL I'I'sl2htI
I'I2CVL•'b FORZO
ZONING
NG
26
41
24
21
39
151
9
27
13
34
26
109
118
116
182
164
194
1.. tlu l t. i- rami, l y
0
4
0
0
0
4
0
0
0
24
0
24
0
1
34
12
0
2.. Single-family
dwellings
13
25
10
5
17
70
1
15
2
3
9
30
48
34
51
66
103
3. Mobile domes
0
1
0
0
0
1
.1
2
0
0
2
5
5
13
11
9
3
PJcw Units
0
1
0
0
0
1
1
0
0
0
1
2
2
9
5
- Replacements
0
0
0
0
0
0
0
2
0
0
1
2
2
3
3
4
6
7
1
4. Industrial
0
0
0
0
0
0
_ 0
1
0
0
0
1
1
1
4
2
0
5. Commercial
0
0
0
0
0
0
0
0
0
0
0
0
0
2
4
0
13
6. Miscellaneous
13
11
14
16
22
76
7
9
11
7
15
::4:9
64
65
78 1
75
75
200
150
100
50
0
(•r.r(rri.'r's - County `total
1988 1989 1990 1991 1992 1993 1994
� 1 -COUNTY TOTAL -RESIDENTIAL — — — — -COMMERCIAL & INDUSTRIAL
E. PLANNING AND DEVELOPMENT - ACTIVITY REPORT #55 (April 1-15)
1. Transportation Issues
Bob Watkins participated in the meetings with Virginia
Secretary of Transportation, Robert E. Martinez. The Planning
Staff provided various types of support.
Kris Tierney received official notice that the County's
conversion request for Sherando Park has been approved. This will
enable us to pursue getting Warrior Drive built along the edge of
the park rather than through Fredericktowne Estates as originally
planned.
On Thursday, April 14, Kris Tierney met with Scott Marsh
of G.W. Clifford & Associates, and Jim Doran to discuss the survey
of acreage to be received from JASBO as part of the approved
conversion to accommodate Warrior Drive. Scott will be preparing
a plan showing the resulting boundary of the park to fulfill
requirements of the Department of the Interior.
Evan Wyatt compiled information and submitted an
application for $500,000 in additional funding through the Revenue
Sharing Program for the Route 642 realignment project.
Evan Wyatt provided support information for the proposed
new two-lane bridge over Cedar Creek on Route 621 (Cedar Creek
Road).
Evan Wyatt met with representatives of the Top of
Virginia Builders Association to discuss the location and design
criteria for new minor and major collector roads within the Eastern
Road Plan
2. Battlefield Preservation and Historic Issues
Evan Wyatt, Mark Lemasters, and Bob Watkins participated
in the Battlefield Tour Network\WATS presentation to Transportation
Secretary Martinez.
3. G.I.S./Mapping & Graphics
The staff is continuing with map preparation for the
ARC/INFO conversion process,
4. Plans Review
Evan Wyatt reviewed the following plans:
Lake Front Apartments Master Development Plan
Shenandoah Building Supply Warehouse Addition
Corrugated Container Addition
Shenandoah Gas Company Office Addition
Hager Spa and Pool - Model Home Sales Addition
5. Site Inspections
Evan Wyatt conducted site inspections at the Southeastern
Container addition and at the Stephens Ridge Townhouse Development.
6. Planning Department Personnel
Jean Moore began work with the County as a Planner I.
Jean fills a vacancy created with the departure of Ron Lilly. Jean
will be working three days a week (Mon.- Wed.) until the end of May
when she will begin full-time employment.
7. Other
Bob Watkins gave a talk to the Board of Realtors on
growth and planning issues in Frederick County.
Bob Watkins attended the LFPDC Planners Network meeting.
A variety of local planning issues were discussed.
COUNTY of FREDERICK
Department of Planning and Development
703 / 665-5651
Fax 703 / 678-0682
MEMORANDUM
TO: Planning Commission
FROM: Wayne Miller, Zoning Administrator
SUBJECT: Request for Subdivision Ordinance Variance
DATE: April 21, 1994
Mr. E. Frank Smith previously subdivided a portion of his land located along Marple Road
(Route 654) into traditional lots of five acres or more. The lots labeled 169F and 169G on the
attached plats were sold by Mr. Smith and the owners of these two lots desire to purchase
additional land at the rear of these parcels and attach the additional acreage to their lots through
boundary line adjustment. Permitting this would violate our ordinance which requires a
maximum 4:1 depth to width ratio. Appeal of this requirement must be acted on by the Board
of Supervisors with a recommendation from the Planning Commission.
Lot 169F: This lot is 300 feet wide and would be allowed to be 1200 feet deep by the
ordinance. Adding the proposed 4.774 acres to this parcel would make the lot 1600 feet in
depth.
Lot 169G: This lot is 250 feet wide and would be allowed to be 1000 feet deep by the
ordinance. Adding the proposed 3.968 acres to this parcel would make the lot 1575 feet in
depth.
Both the proposed additions to these parcels and the original parcels are woodland. Only one
residence would be allowed on each parcel in either configuration.
Recommendation: Since the proposed addition to these lots is woodland located on a steep
slope, staff recommends approval of this request.
WWM/slk
attachments
9 North Loudoun SH -M P.O. Rox 001
Winchcsler, VA 22601 Wincheslcr, VA 22004
Greenway, lnc.
1104 Baker Lane • Winchester, Virginia 22601
(703) 662-4185 • Fax (703) 722-9528
H. Bruce Edens, L.S„ President
April 6, 1994
Mr. Wayne Miller, Subd. Admin.
Frederick County Planning
9 North Loudoun St.
Winchester, Va. 22601
RE: Boundary Line Adjustment Plat
Dear Wayne:
Please find the enclosed proposed sketch plat for a
boundary line adjustment. We realize that this does not
conform to the subdivision ordinance. However, on behalf
of our client, E. Frank Smith, we would appreciate your
consideration for a variance.
Thank You,
a
La ry W. Miller
Project Co ordinator
SURVEYING — DESIGNING — PLANNING
RESIDENTIAL . AGRICULTURAL • COMMERCIAL . INDUSTRIAL . CONSTRUCTION
_/JEFFIZEY M. .ELEN M. WEST
\hC 9\1•PU� \E"� / DB 643. PG 586 Z0r11:D QA
�o o�Ed o p1 ilk " S 34 ' I Z 0 3" W
�y323mi 57. 83'
,6 gyp.. `'bA /'\ \°)
U4 2Es /
" Ir a
5 �
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< P. S° y R o
'j s� y R a y
P R 6 Il -
S (n 'P 6 F
sp s a 6 p S'�q s. �''IfD
G
m S S m mT s
m o
o
OD
R 7
6'
o � \ S� ♦\ i Q �y 5
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\
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v a
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15 iIt
S 8 S, s
T \
S cp 6' o G c X �, S
G o A 3 0 0
o S
� S 'c
i
AREA TABULATION p mSl
��
PAKCEL 1(o°)F 6.315 ACRES
PROPOSED AUDITION 4.774 ACRES o b6 �0 00
ADJU5TED AREA 11.089 ACRES A ��
� r • \'1 0 0
PARCEL 16%G 5.086 ACRES \ �y
PROPOSED ADDITION 3.768 AGRE5 \ 00 L (0
ADJUSTED AREA 0J. 054 ACRES �0 1,
/ V
Pr0V05ED BOUNDARY LINE AVJU5Tk.fENT„r!,Ab+*+M,
O F THE LAND O F rrr' i.:�LTI,' �,f'�"e V
E. FRA NK -7MI-TH
,rC v
GA INE9BORO P15TIZICT - FREDERICI< COUNTY
V I R G I N IA ��c�{ "*I
SCALE: I ” = Z 00DATE : A P R I L 4, I 9+ U DPU
i No. OJ'; t 6.'-B
GREENWAY, INC. ii4 1970 Baker Lane, Winchester, Virginia 22603 703-662-4185 ll n
H. Bruce Edens, L.S. -president `�'0 SLIT It
a--i4 y�
SURVEYING - DESIGNING - PLANNING fw44
a RESIDENTIAL - AGRICULTURAL • COMMERCIAL INDUSTRIAL CONSTRUCTION SHEET I of I
4
COUNTY of FREDERICK
Department of Plannina and Development
703 / 665-5651
Fax 703//678-0682
MEMORANDUM
TO: Frederick County Planning Commission
FROM: Evan A. Wyatt, Planner II kn
RE: Bicycle Plan For The City of Winchester And Frederick County
DATE: April 20, 1994
The Frederick County Department of Parks and Recreation established an ad hoc committee to
develop a bicycle plan for the City of Winchester and Frederick County. This committee,
known as the Winchester -Frederick County Bicycle Advisory Committee, held its first meeting
in April, 1993. Since the initial meeting, the committee has drafted a document entitled the
Bicycle Plan For The City Of Winchester And Frederick County. This document evaluates the
existing conditions throughout the community, states goals and objectives for the development
of a future bicycle network, suggests standards for design and construction, and provides
information for public safety and education. Enclosed is a copy of this document for your
examination.
One goal of this committee is to ensure that this document is endorsed and adopted as the official
bicycle plan for Winchester -Frederick County. The committee has asked for an opportunity to
present this document to the governing bodies of each locality. Mr. John P. Lewis, Chairman
of the Winchester -Frederick County Bicycle Advisory Committee, will introduce this plan to the
Planning Commission. Other representatives of the committee will be present to address
comments and concerns.
Once the governing bodies of Winchester and Frederick County are satisfied, the committee will
work to have this plan included in the Comprehensive Plan for each locality. Staff asks that the
Planning Commission review this document and provide a recommendation that will be
forwarded to the Board of Supervisors.
EAW
enclosure
9 North 1.0LI(IOU11 StreCt P-0. 13r,K 001
Winchester, VA 22601 Winchester, VA 22604
1 f1 i1
11 1
11
MID ATLANTIC NETWORK,
INC.
I\( IFS?il `.IIZ(;!\1A_'b%-4 I'I0\'F-O;-(>(,_-'"14 FAX ',20 -
April 14, 1994
Mr. Robert Watkins, Director
Frederick County Planning Department
9 N. Loudoun Street
Winchester, VA 22601
Dear Mr. Watkins:
On behalf of the Winchester -Frederick County Bicycle Advisory Committee, I
would like to request that our organization be placed on the agenda for the first Planning
Commission meeting in May, 1994.
The purpose of this request is to share with the commission an all-inclusive regional
bicycle plan to be considered for inclusion in the county's comprehensive plan. Our
committee will also be making a like presentation to the Winchester Planning Commission.
I have enclosed a copy of the Bicycle Plan for your review, and once a meeting
date has been confirmed, I will provide your office with copies for each Planning Commission
member.
If you should have any further questions or need additional information, please
call me at 667-2224. If for some reason I am not available, please contact Jim Doran,
and he will provide you with any needed information.
S' ce y,
John P. Lew , Chairman
Winchester -Frederick County
Bicycle Advisory Committee
COUNTY of FREDERICK
Department of Planninb and Development
703 / 665-5651
Fax 703/678-0682
Me- o
To: Frederick County Planning Commission
From: Lanny Bise, Planner I
Date: April 19, 9994
Re: Entrance Spacing Waiver Request for Sheetz, Inc.
Mr. John Lewis, P.E., of Lewis and Associates, has requested that a waiver be granted
by the Planning Commission under the provisions specified by Section 165-29B(1) of
the Frederick County Zoning Ordinance. This section permits the Planning
Commission to allow other means of motor vehicle access provided that left turns are
restricted and one-way travel is ensured.
The property is owned by James R. Wilkins, is identified as 54-A-105, and currently has
an abandoned house on it. The developer is Sheetz, Inc., who plans to develop a
convenience store with gasoline pumps. This use will necessitate one commercial
entrance on Berryville Pike (Route 7), which doesn't meet the 200 foot minimum
spacing requirement for entrances on primary and arterial highways with speeds
greater than 35 miles per hour.
Mr. Lewis has provided the Planning Commission with a copy of the submitted site plan
for this project. The proposed new commercial entrance on to Berryville Pike is 155
feet from the intersection of Regency Lakes Drive and Berryville Pike. However, the
entrance is located in a position where left turn movements are not possible.
Furthermore, there is a possibility that the speed limit may be reduced to 35 miles per
hour in the near future, which would reduce the entrance spacing requirement to 150
feet. Staff recommends that the Planning Commission allow the new entrance to be
located as indicated on the site plan.
1) North I_OUdOL111 Su -M P.O. 13o» 001
Winchester, VA ??601 W InChCSlCr, VA 22604
-1P R-�0-'?4 W a 1 S � T_ G_ Pi=g I N ER PE P 0�
LEWIS & ASSOCIATES
LAND DEVELOPMBNr CONSUL TANTS
24 East Piccadilly Street tel.: (703) 722-9377
Winchester, VA 22601 fax.: (703) 662.1861
19 APRIL 1994
Mr, Lanny Sise
c/o County of Frederick
9 North Loudoun Street
Winchester, VA 22601
RE: ROUTE 7 SHEETZ STORE
REQUEST FOR WAIVER
Dear Lanny:
It is my understanding that the Virginia Department of Transportation views favorably the
reduction of the speed limit on Route 7 at the intersection of Regency Lakes Drive from 45 mph
to 35 mph. However, this reduction cannot occur until the proposed Sheetz Store is in place and
a signal light is installed. The proposed site layout functions well with an entrance on Route 7.
The distance of this entrance to the intersection is less than 200 feet as required in Section
165-29-A(4) given the 45 mph speed limit,
This entrance will be a "right turn outright turn in" only access. The proposed distance between
this entrance and the intersection is 155 feet. Based on the provisions stated in Section
165-29-13(l), I request a waiver from the distance requirement in Section 165-29-A(4).
If you have any questions, please call me.,
Sincer'elyr
Sohn C. Loris, P.E., C.L.A.
i! �
W
P/C Review Date: 4/06/94
P/C Review Date: 5/04/94
CONDITIONAL USE PERMIT #001-94
GOD'S GLORY LAND
C/O THOMAS G. ADAMS
LOCATION: Fronting on the northwest side of Route 704 (Back Creek
Road, 3.3 miles southwest of Gore
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER 37-A-45, 37-A-46, 37 -A -46A, and 37 -A -46B
PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas)
Land use - Residential & Vacant
ADJOINING PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas),
Land use -- residential/agricultural
PROPOSED USE: Church retreat --two lodges, three retreat cottages,
one staff cottage, two bath houses, two pavilions, twelve one -room
cabins, one pool, snack bar and game room, one chapel, one field
house, one sewage treatment plant.
REVIEW EVALUATIONS:
Virginia Department of Transportation` No objections to a
conditional use permit for this property. However, prior to
operation, entrances will have to be constructed/ upgraded to
meet minimum VDOT sight distance and design requirements. Prior
to making any final comments, this office will require a
complete set of site plans which detail entrance design,
drainage features, and traffic flow data from the I.T.E. Manual,
4th Edition for review. Any work performed on the State's
right-of-way must be covered under a land use permit.
Fire Marshal: See attached letter to Thomas G. Adams from Doug
Kiracofe, Fire Marshal, dated February 11, 1994.
Inspections Department: Building shall comply with the Virginia
Uniform Statewide Building Code and the BOCA National Building
W
Page 2
Code/1990. Other codes that apply are '_title 28 Code of Federal
Regulation, Part 36 Nondiscrimination on the Basis of Disability
by Public Accommodations and in commercial and Residential
Facilities. Please check for ADA and sprinkler requirement
(exception A-4, chapel). Locate ADA parking on site plan.
(Plan for Use Group classification of buildings).
Health Department: The regulations which are implemented by the
VA Dept. of Health only supervise and regulate systems for
individual single family dwellings with a flow of less than or
equal to 1,000 gallons per day. Please contact Larry Simmons of
the Dept. of Environmental Quality in reference to this project.
see attachment from the Dept. of Environmental Quality.
Planning De artment: This proposal is for a religious retreat
that will cover four separate tracts of land, three of which
already have a residence located on them. Each parcel can only
be permitted to contain one permanent residence. Seasonal
residences for staff members may be permitted as accessory to
the primary use. Since the sketch plan indicates that the
existing residences are for staff, residences for those other
than staff will be limited to one per parcel.
This is a very ambitious proposal and if allowed to develop,
will take very careful planning to insure it's success and to
insure that developed uses are properly serviced by the
necessary infrastructure. It will be necessary to have the
water system, sewer system and road system in place prior to
public use for whatever facilities are installed.
The roads will be constructed and maintained by the owner.
Roads must be constructed to have the width and weight bearing
capacity as requested by fire and rescue services. The entrance
will need to be constructed to meet the requirements of the
Virginia Department of Transportation (VDOT). Also, the
developer will need to meet the requirements of VDOT as spelled
out in their comments on this proposal.
The Planning Commission will need to make a determination if the
sewage treatment plant being proposed in is in conformance with
the Comprehensive Plan. The appropriate restrictions will need
to be placed on the facility to insure future compliance if
necessary. The sewage treatment plant, if allowed, will need to
be installed and operating before any public use is permitted on
the property. The sewage treatment plant should only be allowed
to service one parcel of land for this activity. To do
otherwise would violate the intent of the Comprehensive Plan.
The Comprehensive Plan specifically states that "When allowed,
require that small community sewage systems in rural
developments be dedicated to a public authority. Such systems
should not be allowed in areas intended to remain rural into the
Page 3
indefinite future, including areas west of Interstate 81." The
four parcels could be consolidated through the lot consolidation
process. Requiring the complex to be accommodated on one parcel
would allow control over the sewage system so that it does not
become a "public" system. All housing, other than one allowed
permanent residence, would be temporary or seasonal staff
housing that is accessory to the retreat activity. The water
system will also need to be installed and operating to provide
adequate fire protection prior to any public use. The water
system will also need to meet the requirements of the Department
of Environmental Quality (DEQ) office of water programs for
installation and operation.
An engineered site plan must be submitted to the County and
approved prior to any construction work on this development. A
plan outlining the phasing or timing of the development must
also be provided in conjunction with the site plan. The County
would reserve the right to inspect and approve all aspects of
the construction and operation before any facilities are placed
into public use.
STAFF RECOMMENDATIONS FOR APRIL 6, 1994 PC MEETING: Approval with
the following conditions:
1. That an engineered site plan be presented for approval prior
to any construction or developmental activity taking place.
This plan will be formally reviewed by the Planning Commission.
2. That final County approval be received for all phases of the
construction and prior to the placement of any facilities into
public use.
3. Non -staff housing will be restricted to one residence per
parcel.
4. The use of the sewage treatment plant will be restricted to
one specific parcel.
5. All applicable state agencies must review and approve all
aspects of the proposal prior to placing any facility into
public use.
6. All review agency comments must be complied with prior to
public use of these facilities.
7. This use shall comply with all other requirements of the
Rural Area Zoning District.
PLANNING COMMISSION RECOMMENDATIONS OF 4/6/94: Unanimously tabled
for 30 days. (Absent - G. Romine)
Page 4
April 19, 1994, Addendum:
The Commission heard this application on April 6, 1994, and tabled it
for 30 days. A meeting was held on April 19, 1994, with Mr. Adams
and Bruce Edens of Greenway, Inc., to discuss the concerns of the
Planning Commission that surfaced at the April 6, 1994 meeting.
At this meeting, Mr. Adams presented the attached document dated
4/18/94 and addressed to the Planning Commission. Mr. Adams also
presented a copy of a letter from Austin Brockenbrough and
Associates, of Chester, Virginia, that allegedly addresses the
concerns that the Commission had with the wastewater treatment
facility proposed for the retreat facility. A copy of this letter is
also attached for your information.
The concerns of the Commission that were discussed are as follows:
1. Whether the proposed wastewater or sewage treatment facility
would be adequate and would work satisfactorily when the usage
is low.
2. That there would only be one parcel of land served by the
proposed sewage treatment facility and that only one permanent
residence for persons other than staff would be allowed on the
one parcel.
3. That the roads could be constructed so as to meet the grade
requirement limitation that was surfaced by the Fire Marshal.
The attached letter from the engineering firm that will be
responsible for installing the sewage treatment facility has
addressed the Commission's concerns to a point. It has not been
determined if the Virginia DEQ, Office of Water Programs, will permit
a pump and haul operation, if required.
Mr. Adams made a commitment to consolidate the existing multiple
parcels of land into one parcel that would be served by the package
sewage treatment plant. There are currently three residences on the
multiple parcel complex which are served by sub -surface septic
systems. Mr. Adams advises that he desires to continue using these
systems rather than hook these residences to the sewage treatment
plant system unless there was a failure of the septic systems. The
residence that is located adjacent to Back Creek Road (Route 704) is
the original homestead and would be designated as the one allowable
permanent residence on the parcel where someone other than staff
would be allowed to reside. Any other residences on the property
would be designated as quarters for staff only, even though they may
be occupied on a full time basis.
Page 5
Mr. Bruce Edens of Greenway, Inc., advised that new contours have
been flown and more accurate information will be available on the
site plan to insure that the roads have the proper grade and do not
exceed the allowable slope. This may require relocation of some
roads from the location depicted on the sketch plan but would not
have a major impact on the development capability of the site. This
issue will be addressed at the site plan stage in great detail. The
site plan will also need to address the issue of a second and
independent point of access required by fire and rescue.
The applicant has stated that staff will not exceed 24 employees at
any time. The maximum number of guests allowed would be 350 which is
the design capacity of the waste water treatment facility proposed.
The proposed maximum length of stay for guests at the retreat is 30
days. Staff believes a more realistic maximum length of stay should
be 15 days.
STAFF RECOMMENDATION FOR MAY 4, 1994 PC MEETING: Staff recommends
approval with the following conditions:
1. That an engineered site plan be presented for approval prior
to any construction or developmental activity taking place.
This plan will be formally reviewed by the Planning Commission
prior to final approval.
2. That final Frederick County approval be received for all
phases of the construction and prior to the placement of any
facilities into public use.
3. Non -staff housing will be restricted to one residence per
parcel.
4. The use of the waste water treatment plant will be restricted
to one specific parcel of land and any modification or change in
use will require County authorization.
5. All applicable state agencies must review and approve all
aspects of the proposal prior to placing any facility into
public use.
6. All review agency comments must be complied with prior to
public use of these facilities.
7. This use shall comply with all other requirements of the
Rural Area Zoning District.
8. The maximum number of guests allowed to use the facility at
any one time is 350.
9. No guest at the retreat may stay longer than 15 days.
Phone: " 869-1900 Mr. & Mrs. T. G. Adams
ECHO VILLAGE MOTEL
3632 Valley Pike WINCHESTER, VA. 22602
3�/2 Miles South on U. S. I I
March 24, 1994
Marjorie H. Copenhaver
John R. Marker
Representatives to Back Creek District
Frederick County Planning Commission
Dear Ms. Copenhaver and Mr. Marker:
I have made application for a Conditional Use Permit for property in your District.
is for this reason I am enclosing a statement which I believe you will find self—
explanatory.
I am sending a copy of this letter and statement to Mr. Golladay, Chairman, and
other members. If you or they have any questions please call me at 869 -1900 -or my home
869-3100.
I will appreciate any and all considerations you and they may give this matter.
Yours very sincerely,
T. G. Adams
Statement
Concerning
God's Glory Land
Thomas G. Adams, Rosalee F. Adams and Alice M. Fox own land, the former home
property of Rosalee F. Adams and Alice M. Fox, located 3.3 miles south of Gore,
Virginia and fronting on Route 701 in Back Creek District. Knowing it would have been
the desire of their parents to see this property developed and used for Christian
purposes they wish to fulfil this desire by the developing of God's Glory Land to
provide facilities for churches, other Christian Organizations and individuals to
use for spiritual refreshment, recreation, and encouragement during Conventions, Soul
Winning Clinics, Bible Study, Seminars, Gospel Missions and other religious functions,
and to provide gifted and called Men of God who have a message for today's Christian
Generation, assist local churches in Spiritual growth, evangelism, and financial support
for foreign mission fields, and will be willing to assist any group or church who may
or may not have trained Counsellors.
4/18/94
FredericY Count`'
Planning Commission
RE: God's Glory Land
THE THREE (3) HOUSES ALREADY ON THE PROPERTY MARKED FOR STAFF:
We have no intention to use these houses for anyone other than
those associated with the operating of the Retreat. In order to assure
compatibility there would have to be the same Christian standards for all
whether in Staff Quarters, Lodges, Cabins etc.... It would be difficult for
us to enforce our standards if some one is living there and not on staff.
The houses have their own Septic System and would not be using the
Waste Water Treatment Plant. We have no problem with a condition to
combine the four (4) parcels.
THE SIZE OF THE STAFF:
The size would vary from a minimum of four (4) to a maximum of
twenty-four (24). There will be staff members living off the property and
there will be part time help such as students and seasonal workers who
work elsewhere at times.
CARING FOR THE PROPERTY:
The property will be cared for and secured by those regularly on
staff among the numbers previously stated.
THE NUMBER OF GUESTS USING THE RETREAT:
The number would vary - during the first phase we estimate a
maximum of one hundred (100) with a gradual increase during the
following phases never exceeding a maximum of three hundred and fifty
13501.
Page 2
HOW LONG WOULD GUESTS STAY:
Normally guests would stay at a Retreat two (2) to ten (10) days.
Some may wish to stay their entire vacation therefore, we believe a limit
of thirty (30) days would be reasonable. We would definitely place a
limitation on the stay.
THE WASTE WATER TREATMENT PLANT:
These facilities will be operated by those who meet the requirements
and qualifications of the Department of Environmental Quality (State Water
Control Board). The use of the plant will be for the Retreat only.
THE ROADS:
Entrance will meet the requirements of Virginia Department of
Transportation (VDOT). Other roads will meet the requirements of fire and
rescue services. Engineered site plan will show the location.
PLANNING STAFF RECOMMENDATIONS:
We are willing to accept the conditions they previously stated and
amendments that are beneficial to all concerned.
ZONING AND ORDINANCES:
It is our desire to abide by all zoning and ordinances to govern this
project.
Page 3
OTHER RETREATS AND THEIR OPERATION:
Being a major contributor and this being the home place of Rosalee
Adams and Alice Fox, we are much concerned about God's Glory Land, its
future and what it will be offering. We have made a study of other
Retreats and found there are twenty-seven (27) in the state of Virginia,
five (5) in West Virginia, twenty-three (23) in Maryland, and sixty (60) in
Pennsylvania.
We have talked to Mr. Bob Baylor with Christian Camping
International/USA - Colorado Springs, Colorado and never have they had a
Retreat turn into a commune or compound.
We have also talked with the representative For Retreat Planners in
Greater Washington (Maryland, Virginia, Washington D.C., and
Pennsylvania area) and they tell us the same.
From our study on Christian Retreats, we have found the real
protection against becoming a commune or compound is not allowing it to
become a secretive or a membership organization. Guests will not be
required to join God's Glory Land as members and will not be confined to
the Retreat property. All County Officials (Elected and Appointed) and Law
Enforcement Officers may visit the Retreat to observe or inspect.
God's Glory Land, Inc. is to be used for a Christian Foundation
through its governance according to the Articles of Incorporation and its
Bylaws. All powers of the Corporation shall be exercised by and under the
authority of a Board of Directors.
AUSTIN BROCKENBROUGH AND ASSOCIATES
ALEXANC*R B. SADLER, JR., P.E.
GERALD W.AUGST,P.E
WILUAM F. BELL, P.E.
GERALD E KILGORE
.,o.am
Mr. Bruce Edens
Greenway, Inc.
970 Baker Lane
Winchester, VA 22603
Re: God's Glory Land
Dear Mr. Edens:
P.O. BOX 4800 • 4800 W. HUNDRED RD.
CHESTER, Wl 23831
TELEPHONE. 804/748$746
FAX 8041748-7849
CONSULTING ENGINEERSt-SURIVE-Y NERS
April 14, 1994
-Qaoc A
CNAI.RLES D. FARMER. P.E_
AUSTIN BROCKENBROUGH, JR., P.E.
1899-1967
JAMES A. WHrrr. P.E., C.LS_
1932-1993
This letter is in response to several questions that were raised during the Planning Commission
meeting for the referenced project about the wastewater treatment facilities.
The treatment plant will be a packaged extended aeration system. The flow for the ultimate
number of people proposed for this facility (350 people) is 17,500 gallons per day. This is based on the
daily water consumption rate from the Health Department of 50 gallons per day per camper. Due to the
flow and the type of treatment necessary a Class III licensed operator will be required to operate the
plant_
The treatment plant will operate most efficiently when the flow to the plant meets the design
capacity. Due to the nature of the operation of this retreat, there will be times when there is low flow or
even no flow. During low flow periods, the operator will have to chlorinate and continuously aerate the
waste in order to meet the discharge limits. If there are times that there is no flow, the plant will serve
as a storage tank and hold the flow until it can be treated when there is flow. Should problems arise
with meeting the effluent standards during the winter because of very low flow for extended periods, a
temporary pump and haul condition could be used to prevent violation of the discharge permit
requirements.
Please let me know if you need additional information regarding these responses.
Yours truly,
r
0.
J. Ashley Williams
JAW/dwp
cc: T. G. Adams
9399/edens.jaw
Thomas W. Owens
Director
Thomas G. Adams
3632 Valley Pike
Winchester, VA 22602
Re: God's Gloryland, Inc.
Conditional Use Permit
Dear Mr. Adams,
COUNTY OF FREDERICK, VIRGINI:;
FIRE AND RESCUE DEPARTMEN
9 N. Loudoun Street, 2nd Flo,
Winchester, Virginia 22n,
February 11, 1994
Douglas A. Kiracui.
Fire Marshal
I have completed my review of the Conditional Use Permit
Application for God's Gloryland located on Rt. 704 in Frederick
County.
Since the mid 1970s there has been a migration of people
from cities and urban areas back to the woodlands and rural
areas. Homes, recreational areas, and large camps have been
built in increasing numbers in the "Urban Wildland Interface"
areas of our state. The fire service has learned a hard lesson
in dealing with fires in these areas, that being, the
ineffectiveness of conventional firefighting techniques in the
wildland environment. As a result of these lessons we approach
new developments of this nature with a strong emphasis on fire
prevention and building an infrastructure conducive to fighting
wildland fires.
For that reason, I am asking for the following conditions as
contingencies for approval of this application:
1. A second and independent point of access is needed. This
limits the chance of fire blocking access to the site and
evacuation from the site. Two egress points also enable
ingress by the fire dept. as evacuation of patrons is taking
place.
2. Install a warning signal or siren of some type that can be
an emergency signal for all patrons to assemble ac a
determined point or evacuation. This would be used in
accordance with the emergency response plan. (Item n3)
DIRECTOR - (703) 665-56f5 FIRE MARSHAL - (703) 665-6350 FAQ - (703) h78 -06h2
Thomas G. Adams
February 11, 1994
Page 2
3. Establish an emergency response plan for assembly or
evacuation of patrons in the event of a fire, storm, or
other emergency. This should be coordinated with the Fire
and Rescue Dept. and the Gore Volunteer Fire Co. This plan
must be thoroughly understood by all staff members.
4. All roads must have a minimum width of 20' with an all
weather surface capable of supporting a 20 ton vehicle. The
canopy clearance of these roads must be a minimum of 1316"
at all times and -roads must be constructed with no more than
a 15a grade.
5. All occupiable structures on the site must have addresses or
numbers and a plan showing these numbers must be given to
the Gore Volunteer Fire Company and the Fire and Rescue
Dept.
G. Provide a 20' all weather access to the existing pond on the
southern corner of the property. At this location a dry
hydrant should be installed to facilitate water supply for
firefighting.
7_
All structures, including retreat cottages, staff cottages,
pavilians, and
bath houses must have a 30' perimeter of
"green space"
kept clear of combustibles at all times to
give the fire
dept. a defensible space.
8.
Buildings cannot be constructed on poles with open
foundations.
This eliminates the potential for leaves and
other fuels to
accumulate beneath buildings..
9.
Any buildings
in which patrons will be sleeping must be
equipped with
working smoke detectors at all times during
occupancy.
10.
At a location
easily accessible by staff, fire fighting
tools such as
shovels, rakes, and axes must be stored. This
should be coordinated with representatives of the Virginia
Forestry Dept.
along with some training in forest fire
suppression.
11.
There must be
very strict rules and enforcement of the rules
cn outside camp fires and bon fires. Staff of this facility
must be aware
of these rules as well as patrons utilizing
the facility.
Thomas G. Adams
February 11, 1994
Page 3
By adhering to these conditions, the rural asthetics of this
site can be maintained while making the site conducive to
effective fire fighting operations.
The Fire and Rescue Dept. will be a willing partner in pre-
planning and training for your staff to ensure the highest level
of life safety.
Should you have any questions, please do not hesitate to
call me.
/ Sincerely,_
Douglas A./JTKiracofe
Fire Marshal
DAK:jlc
cc: Frederick Co. Planning Dept.
Fred Burlingame - Chief Forest Warden, Frederick Co.
Steve Holiday - Chief, Gore Vol. Fire Company
File
Il,n o ' zz � =vi1 ru_ f .i�-cn _r ti;L- _'U, -:n- 3
GOD'S GLORYLAND
al IRPO$E
The purpose of this study Is to investigate the alternatives to provide water and wastewatEr for
God's Gloryiand. The study provides a preliminary analysis of the water demands and requirements to
be met based on the first phase and ultimate number of occupants of the retreat A preliminary analysis
of the wastewater effluent limits and the required treatment to meet the limits is also included. The study
provides a cost estimate for each recommended alternative.
This study is being prepared for Mr. T. G. Adams to meet the requirements of the Condttkx*
Use Permit for this project.
$ITE DESCRIPTION
God's Gloryiand is located in Frederick County on the west side of State Route 7o4
approximately 4 miles southwest from its intersection with State Route 50. The site contains
approximately 68 acres of mostly wooded land. Back Creek meanders along Route 704, the front of the
property.
WATER SYSTEM
EXISTING:
There are currently two wells on the site both of which serve a single resident Information
provided by the weAl driller note that one well is 320 feet deep and has a yield of approximately 4 gallons
per minute.
follows:
PROPOSED:
The water demand for the site development based on the "Waterworks Regulations' Is as
Daily consumption rate for Resorts and Camps = 50 gpd
1 st phase development of 100 persons - 5,000 gpd
The equivalent residentlal connections (ERC) = 5000/400
The equivalent residential connections (ERC) 12.5
Well yield (min) = 0.5 GPM x ERC
Well yield (min) a 0.5 GPM x 12.5
Well yield (min) 6.3 GPM
Storage Capacity = 200 GAL x ERC
Storage Capacity - 200 x 12.5
Storage Capacity - 2,500 GAL
Ultimate capacity @ 350 people - 17,504 GPD
ERC = 17.500/400
ERC = 43.75
Weil Yield = 0.5 x 43.75
Well Yield = 21.8 GPM
- <----------„---------------------------------------- -------- -- -=
Storage Capacity = 200 GAL X ERC
Storage Capacity = 8,750 GAL
RECOMMENDATIONS:
The requirements fur the 1 st phase of deveioprnerTt provide for a weli yield of 6.3 gallons per
minute and a storage capacity of 2,500 galJons. The future needs of the project require a well
production of 22 gallons per minute and a storage capacity of 8,750 gallons.
The well driller estimated that a well located in the lower areas of the site could effectively yield
greater than 20 gallons per minute. One good producing well could provide the capacfty for the ultimate
capacity.
It is recommended that a 10.000 gallon storage tank be Installed during the t st phase of
development to provide for the future demand. A new wail has to be drilled to provide the required flow.
This well may be adequate for the ultimate.
FIRE PROTECTION
Fire protection for the facilities is an essential part of the operation. The Fire Marshal, in his
report required that a dry hydrant be Installed at the existing pond along Route 704. This would be an
excellent way of providing fire protection at a fairly low cost. An alternative method Is to provide water
storage through the domestic water system. This would require enlarging the 10,000 gallon storage tank
to as much as 20 to 25,000 gallons. This afternative method will be costly to provide -
WASTEWATER
The wastewater treatment alternatives Include either subsurface absorption fields or a packaged
treatment plant.
Information gathered from the county sanitarian Indicate the existing soils are marginal. The
majority of the site Is shale rock with shallow soil depths. There has been a permit issued for a septic
system for two lots on this site. The county has also denied a permit for several other sites. It appears
that a mass drainfield to serve this project may not be feasible since there is insufficient area of suitable
sou.
A packaged wastewater treatment plant will have to be constructed to serve the project. Back
Creek is vary pristine and will require a high quality of discharge into the stream- The preliminary
effluent limits that were estimated by the Department of Environmental Quality office In Bridgewater are
more stringent that secondary treatment (15 to 25 mg/I BOD & S.S.). The ammonia limit should be
between 1 and 3 mg/I.
The proposed wastewater treatment plant should be an extended aeration plant sized for 10,000
gallons per day with components to meet the nitrification requirements.
COST ESTIMATE
The capital cost for the recommended systems are discussed below. These costs are very
preliminary and will require additional review when the actual discharge limits are established and a well
Is drilled.
Well Water System: The cost Includes a well, pump house, associated waterlines
and a 10,000 gallon storage tank.
Estimated Cost: $50.000 to $60,000
---- �ti;F. i��i1
f°1Ak S '34 13:30 FRCTI ''1ST I N-BROCKENBRCGUGH- Pr4GE . 005
Wastewater Treatment Plant: The cost includes a 10,000 gallon a day emended aeration plant
with nbi kation. a discharge line and any laboratory equipment
Estimated Cost: $150,000 to $175,000
.Sl.tLlll�CcG1 DCa�11nC � /�"y`�
P/C riaccing -�, .0
bGs MGGL1r►y 4/r .2
APPLICATION FOR CQVDIT1Ow-k.L Usk: 241r.AIT
FREDERXCX COUNTY, VIRGINIA
1. Amolicanz (The applicant if thea X own.►r otri )
.. . . Fore PIVTM
ADDRESS: 3632 Valley Pike Winchescer, Va. 22o02
TELEPHONE b09-1900(ofc) 869-3100(h)
2. Pleases list all or partie:.-i in 1nt.arrsG ur
the property:
Thomas C. Adams
Rosalie F. Adams
Alice M. Fos
3. The property is located ac: (p1G�5c ylvee e:Xa�:L cllres�:C1J[ d(1e7
include the route number of your ro"" or stree=t)
Prnnti2f, a 1
'i `1 mil ti �nrhW�r of ,ra
4. The property has a road tront.acye of 1544' raat ana a
depth of 2300' resat and conal.'ts of 85.660 wcr,ra..
(Please be exact) in d68reeate
5. The property is owned by C. ui :', 4a
evidenced by Quad from see revers rwcoraft"
(previous owner)
in aead book noon pays , as r=coraad in t41••
records of the Clerk or the Circuit Court, County uZ
Frederick.
6. 14 -Digit PropCrty NL1. 37-:�-45 . -4o L 4u.%4ot
Magisterial District Bdck Ci-cek
Current Zoning Lt -A
7. Adjoining PropCrty:
North -
East U - A
South 1� - a
West pw. Jpnrid_ Ao r, R -
61
8. The typ= of u --i" i--. Witn tn,"
bafore coniplcz�ny) - }, �, �;.•� r -
*9. It is proposed that the tollowing nuildinys will be
constructed: ,? ..l.L].c f , , r 1 . i :t r f —2 1 r ..,
2*bath houses `' pavillions. 12 ani r'otjn, c"b ri6, 1 uuol_
bar & 9LIffle roow 1 Cha Pul 1 field hL,u�e l c r
8 teepees or A-fr4me cubins
10. The following are all or tnc Ina IVIaual5, zirmz., pr
corporations owning property aa44nc to both siaes, r.ALr Ana
in front of (also across stre=c from) tnc propeArty wnaxr
requested use will be conauct=u. (Continue on "cx it
necessary.) Tnese people will bG n,-')tifiad by mail at t"A
application: (R :A41 LJT CoMPLLJk; 14-DICIT UWJZL:lt,1
NAME
* These units may be subject to revision when detailed site plans
are prepared.
1403 llunrer5 Mill Rd.
Aadress
Vi e clli:iVa . 2 21 dO
property
101
37-A-37
James C. Hayes, Et Al
1600 Pondview Dr.
Addrasa
Winc-11aster, Va. ^'001
Maurice W.
Eckman
Property
IDO 37-A-47 _
Aadre55
Rt• 1 box 156
"^
India K. &
Norman K.
property
Iow
Jones
-
fit• 2 Box 78A
Aadress
Renwyn T. Triplett
property
IGt
_
1936 Hack Creek ltd.
Address
Cure Va. "_'''637 _-
William A.
Shores, Et U
Property
IDO 37_A_44
7509 Gary Rd
Aadress
Carolyn G.
C/o holt
Chappel
Realty
Property
IDf ,
;7
* These units may be subject to revision when detailed site plans
are prepared.
12. Additional ccn&uicnt--., it any:
I (we) , the unaarsigncd, do herCny respactfully maxe applicaclon
and petition that governing body or Fr=azrlcK County, Virginia "
allow the use described in this application. I una�rstnnd cndt tDAA
sign issued to me when this application is suomir-taci must bas plac•&d
at the front property line at least ;.evcn (7) days prior to tha
first public hearing and maintained so as to be visible until aftmx
the Board of Supervisors' public haariny. Your application ror a
Conditional Use Permit authorizes any memba.r of the Fr.►auri.:Y
County Planning Commission, Board of Supervisors or Planning and
Development Department to inspect your property wnera =4 proPQa.ad
use will be conaucted.
/. 2
Signature of APPIicant /,__71
Signature or Own=r
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P/C review date: 5/04/94
REZONING APPLICATION #003-94
C. L. ROBINSON CORP.
To Rezone 16.00 Acres
From RA (Rural Areas)
To B3 (Industrial Transition)
LOCATION: On Route 50 West (Northwestern Pike) at the intersection
with Route 803 (Round Hill Road), one-half mile west of Route 37
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 53-A-71
PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas), present use
- vacant
ADJOINING PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) -
Land use - Residential, agricultural, automobile salvage, and
vacant
PROPOSED USE: The district office of the Winchester Division of
the Virginia Department of Transportation
REVIEW EVALUATIONS:
Virginia Dept. of Trans„portation• No objection to the
rezoning of this property. Any proposed entrances into the
property must meet minimum VDOT design standards and sight
distance requirements.
Fire Marshal: Approval of this rezoning should have no
significant impact on fire and rescue department resources.
Round Hill Fire Dept., Elwood B. Patterson, President:
How many employees will be on site? What types of fuel
will be stored on property? Any hazardous materials
stored on site and how much?
Inspections Department: This department shall comment at the
time of structural site plan review process. No comment
required at this time.
Page 2
C. L. Robinson
Rezoning
Health Department: A sewage disposal system construction
permit has been issued for this parcel for 905 gpd, 26 full
time and 17 on-site part time employees A well permit must be
obtained from the Office of Water Programs in Lexington.
County Engineer: We do not have any objection to the proposed
rezoning to accommodate the construction of a Virginia
Department of Transportation office complex and maintenance
yard. We reserve the right to review the site plan and
related stormwater management facilities.
Location: The property is located west of the Urban
Development Area in the southwest quadrant of the Route 50,
Route 803 intersection. The property is within the Round Hill
Community Center and is part of a 200 plus acre parcel owned
by the C.L. Robinson Corporation, the bulk of which lies north
of Route 50.
This area does not meet the description of a typical B-3
location nor does B-3 zoning fit with the intended character
of a Rural Community Center. The location does, however, seem
a logical choice for the proposed VDOT headquarters.
Site Suitability: The parcel has some significant topography,
consisting of rolling terrain with a low area at the southwest
corner near Route 803. A portion of the low area (roughly one
half acre) was under water on Tuesday, April 19, when staff
visited the site. This area may constitute a wetlands and
will need to be taken into consideration at the site design
stage.
The drainfield site depicted on the plat is roughly in the
center of the highest portion of the site, in what appears to
be the most useable area of the parcel. This will limit, to
some extent, the placement of structures on the site.
Potential Impacts: An increase in traffic would be expected
as a result of the proposed rezoning. The amount of traffic
generated would be dependant upon the ultimate use of the
property. The applicant has stated the intended use of the
site would be a district office for VDOT, (see letter enclosed
dated April 20, 1994). Despite this letter, the staff is
still somewhat uncomfortable because no proffers have been
submitted and, therefore, nothing would preclude other B-3
Page 3
C. L. Robinson
Rezoning
uses of the site. Even if VDOT goes through with their
intended purchase, there is no guarantee that they will locate
at this site or not abandon the site at some point in the
future.
Some impact on ground water and runoff from the site would be
expected given the scale of the proposed use.
Efforts would need to be taken to minimize the potential
negative visual impacts of the proposed use. Some buffering
would be required by the Zoning Ordinance. The general area
presently contains two businesses which do not easily lend
themselves to a pleasant appearance. The addition of numerous
pieces of heavy equipment on this site, which are visible from
the road or adjoining properties, would not improve the
situation.
The County's impact model indicates an unfunded expense to
Fire and Rescue of $3,297, for the proposed rezoning.
Conclusion: Staff feels that all the above comments could be
addressed. However, though the site seems to be a reasonable
location for the VDOT facilities, without proffers limiting
the use of the property to such, there is no guarantee that
some other B-3 use would not ultimately locate on the site.
Many of these uses would be contradictory to stated policies
of the Comprehensive Plan concerning areas outside the Urban
Development Area.
STAFF RECOMMENDATIONS FOR 5[4/94 PC MEETING• Given the lack of
assurances concerning future use of the property, staff recommends
denial of the request.
C. L. ROBINSON c'03R,=0RA71CN
Post Office Box 2138 Winchester, Virginia 22601 703/662 - 3869 1.. c r
April 20, 1994
Mr. Kris Tierney
Frederick County Planning Dept,
9 N. Loudoun St.
Winchester, VA 22601
Dear Mr. Tierney.
APPLES
I am aware of your concern that if the rezoning
request of the C. L. Robinson Corporation property on Route 50 West
is approved, and subseauently VDOT does not purchase the property,
the County would have B-3 zoning in an inappropriate area.
Let me assure you that C. L. Robinson Corporation
does not wish to have B-3 zoning in that area unless it is reauired
for the use that VDOT makes of it.
If, for any reason, VOOT backs out of the agreed
upon arrangement, C. L. Robinson has no desire to have the property
designated B-3. We would request that it be returned to the current
zoning category.
If it is possible to make the oropoged zoning
contingent upon VDOT's purchase of the property we would be agreeable
to accepting those terms.
I feel confident that VOOT is going to purchase
the prooerty. We have had no indication to the contrary. However, to
cover any possible situation that may arise we agree that the orooerty
would revert to the current zoning by whatever procedure best
accomplishes it.
Thank you for the help you are giving us with this
application.
Yours sincerely.
C. L. ROBINSON CORP RATION
Delmer Robinson. Jr.
Chairman of Board
DRir/brs
REZONING APPLICATION FORM
FREDERICX COUNTY, VIRGINIA
To be completed by Planning ,staff:
Zoning Amendment Number Cel -a¢
Submittal Deadline 11,4-14
PC Hearing Date
Date Received
Application Date
BOS Hearing Date L'.-� -9
The following information shall be provided by the applicant:
All parcel numbers, tax map numbers, deed book pages and numbers
may be obtained from the Office of the Commissioner of Revenue, 9
Court Square, Winchester.
1. Applicant:
Name: C. L. Robinson Corporation
Address- 560 N. Loudoun 5t. P.O. Box 2138
i inchester, Virginia 2160=1
Telephone: 703--66-2--3869 -
2. Owner:
Name: Same as applicant
Address:
Telephone: 705-GGW-73869
In addition, the Code -of Vircrinia 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:
5
3. Zoning Change: Iti requested that the zoning of the property
be changed from `,�. K to 13-3
4. Location: The property is located at (give exact directions):
On U.S. Route 50 West of Winchester at intersection with
Va. Route 803 - One-half raise west of Va. Route 37
5. Parcel Identification:
14 r -a Digit Tax Parcel Number:
S. Magisterial District:
7. Property Dimensions:
rezoned.
Total Area: 16
53000040000710
Back Creek
The dimensions of the property to be
Acres
The area of each portion to be rezoned to a different zoning
district category should be noted:
16 Acres Rezoned to B-3
Acres Rezoned to
Acres Rezoned to
Acres Rezoned to
Frontage: 1180' - Rt 50 Feet
Depth: 6230' Max Feet
S. Deed Reference: The ownership of the property is referenced by
the following deed:
Conveyed from:
Deed Page:
460
Fred t1. Robinson et al
Deed Book Number: 160
G
9. Proposed Use: It is proposed that the property will be put to
the following uses.
District offices Vinchester llivision
Virginia Department of Transportation
10. Checklist: Check the following items that have been included
with this application.
Location map
f
Survey or plat
Deed to property
Statement verifying taxes
Sign receipt
Agency Comments
Fees
Impact Analysis statement
Proffer Statement
11. Signature:
I (we), the undersigned, do hereby make application and
petition the governing body to amend the zoning ordinance and
to change the zoning map of Frederick County, Virginia and do
hereby certify that the application and accompanying materials
are true and accurate to the best of my (our) knowledge.
Applicant• C. L. Robinson Corporation
Owner: Edward B. Robinson, President
12. Representation:
If the application is being represented by someone other than
the owner or application and if questions about the
application should be directed to that representative, please
list the following.
Representative's Name:
Representative's Phone Number:
7
ADJOINING PROPERTY OWNERS
Owners of property adjoining the land will be notified of the
public hearing. For the purposes of this application, adjoining
property is any property abutting the requested property on the
side or rear or any property directly across a road from the
requested property. The applicant is required to obtain the fol-
lowing information on each adjoining property including the
21 -digit tax parcel identification number which may be obtained
from the office of the Commissioner of Revenue.
Name
Address
and Property Identification
1
wr
Address:
_ e
Property
ID•
2
Address:
e
W1 2
Property
ID: �.
3
G & G Auto Recycling
Address:
183 Round Hill Road
Winchester, VA 22602
Property
ID: 52 -A -254A
4
Bishops Winchester Truck
Address:
219 Round Fill road
Salvage
��Jirchester, VA 22602
Property
ID: 52-A-254
5
Stuart M. Perry, Inc.
Address:
117 Limestone Lane
Winchester, VA 22602
Property
ID: 52-A-256
6
W. R. Ashwood
Address:
2255 Worthwestern Pike
Winchester, VA 22602
Property
ID: 52-A-252
7
Mrs. Elva J. Larrick
Address:
2243 =+ort:",western Pike
idinch-ster, VA 22602
Property
ID: 52-�-�`
8
Address:101
Stonewall Drive
Russell
F. & Rena E. Hulver
Winchester,
VA 22602
Property
ID : 53B-1-12
9Curtis
Address:
100 Stonewall Drive
& Elva Keller
Winchester, VA 22602
Property
ID: 53B-1-13
10
Address:
Property
ID:
N
C.L. ROBINSON CORPORATION
ADJOINING PROPERTY OWNERS
Name Address & Property Identification
-
Junior L. & Dorothy E. Link Address: 2177 NorthwesternPike
Winchester, VA 22602
Property ID: 53-B-2--11
Stephen D. & Joyce Ann Mauck Address: 673 McDonald Road
Winchester, VA 22602
Property ID: 53-3-2-1405
Walter M. Hamilton
John V. & Pamela Stevens
Melvin Lee Arnold
William W. & Wanda Woyick
Betty Etals Anderson
Everett Dolphin
Roy J. and Donna D. Black
C.L. Robinson Corporation
Address: 1059 Broad Street
Winchester, VA 22601
Property ID: 53-B-2-16,17,18
Address: 324 Round Hill Road
Winchester, VA 22602
Property ID: 52-A-242
Address: 239 Round Hill Road
Winchester, VA 22602
Property ID: 52 -A -242A
Address: Rt 6, Box 115A
Centerville, VA 22020
Property ID: 52-A-243
Address: 139 Geronimo Trail
Winchester, VA 22602
Property ID: 52-A-244
Address: 422 Round "Hill Road
Winchester, VA 22602
Property ID: 5:jxhnajs
52-A-250
Address: 106 Arrowhead Trail
Winchester, VA 22602
Property ID: M
52-A-51
Address: 560 N. Loudoun Street
Winchester, VA 22601
Property ID: TjxhXt&
52-A-255
Environmental & Planning Impacts
for
C. L. Robinson Corporation
February,1994
Introduction
The Virginia Department of Transportation intends to construct district
offices just west of the VA. Route 803 and U.S. Route 50 intersection. This
development will require rezoning the 16 acre parcel VDOT will purchase. As
outlined and required by the Frederick County Board of Supervisors, several
major planning issues have been evaluated in support of and in preparation to
rezone the tract from present Agricultural Performance (RA) to Industrial
Transition District (B-3). A site location map is attached.
1) Traffic Impacts
This site lies on the south side of the U.S. Route 50 and north VA.rRoute
803 intersection. It is bounded by remaining land of C. L. Robinson on the west
and two single family residences to the east. This development will impact
traffic patterns in the area. If the site were developed as residential, the current
zoning would allow 3 lots and generate 30 trips per day. The proposed industrial
zoning would, of course, generate far more traffic. Using the ITE Trip
Generation rate for General Light Industrial (Code 110) of 51.8 trips per weekday
per acre of developed land, if fully developed as many 830 trips per day could be
generated. It is assumed that VDOT has the capability to mitigate any and all
such traffic impacts.
2. Sewa e Conve ante and Treatment Impacts
Development flows will be treated by an on-site septic system approved by
the local Health Department. This facility would be designed, constructed and
approved in accordance with the Virginia Department of Health and Lord Fairfax
Environmental Health Department requirements. A copy of the approved
construction permit is attached to this study.
It is estimated that the fully developed site could generate 20,000 gallons of
waste water per month.
Environmental & Planning Impacts
C. L. Robinson Corporation
February, 1994
I Water Supply mpacts
The project will be served by a new well to be permitted by the Virginia
Department of Health. The project will utilize the same amount of water as
projected for wastewater use, or 20,000 gallons per month.
4. Utility Planning (General)
It is possible that one of the sewage treatment options at Round Hill could
serve this facility. The owner will be required to participate in a prorate share
cost agreement with users in the area to finance the sewer extension if such an
initiative is undertaken by the County.
5. Education Cost
This project will generate no school children and therefore have no effect
on educational cost in Frederick County.
6. Parks and Recreation Cost
This project would result in no impact on Parks and Recreation budget.
7. Drainage Facility Impacts
The development of industrial in lieu of agricultural will increase run off.
It is recommended that either suitable green space be allowed to reduce run off
amounts or that the increased run off peaks be reduced prior to discharge from
the site. In view of the above, storm water detention calculations will be
presented with final design which show no adverse impacts created by the
imposition of this increase storm water on the existing downstream water
course. Storm water detention structures will be designed to limit post -
development flows to pre -development levels in accordance with state and
county regulations. Also, at the time of site plan approval, suitable analysis of
run off quality impacts will be performed, so as to mitigate a portion of the
impact created by industrial development of the site. A VPDES stormwater
discharge permit may be required for the proposed facility. A special plan for
handling chemicals and salts used in road maintenance shall be devised to
mitigate impacts on ground and surface water resources and on air quality.
2
Environmental & Planning Impacts
C. L. Robinson Corporation
February,1994
8. Emergencv Services Cost
Sheriff protection above that which currently occurs in the area will not be
required by this facility. Routine patrols of the U.S. Route 50 corridor and VA.
Route 803 will suffice to cover this facility.
9. Solid Waste Cost
Solid waste will be exported by contract hauler at no cost to the Frederick
County. The present Frederick County Landfill has at least 20 years of available
life at current rates of waste delivery.
10. Environmental Impacts
There will be certain minor negative impacts due to the construction
activity including run off of sediment, noise and traffic movements. These are
to be minimized by proper compliance with local and state laws for
environmental protection. A minor increase in run off quantity and a decrease
in quality is probable from this development. The effects on the down -stream
properties and stream should be minimal and in accordance with local and state
regulations. One hundred foot stream side buffer will be retained bordering the
Swale which runs through the south corner of the site, and will provide ample
protection to the streams. In addition, detention ponds will be provided to
mitigate undesirable impacts.
There is no known loss of irretrievable resources involved with this
project. There are no known endangered species of fauna, flora or wildlife which
will be effected by this project. Ground water and air quality should be
unaffected. 'A minor impact of a negative nature is associated with lighting for
security and business use. These should be closely controlled during site
planning to minimize the adverse impacts on any residential structures and
impacts on the traveling public.
11. Fiscal lm acts
State use of this tract will remove 16 acres of taxable land from the
Frederick County Land Records but will allow improved response to county road
systems resulting in improved service to the citizens of Frederick County.
3
Environmental & Planning Impacts
C. L. Robinson Corporation
February, 1994
12. Historic Impacts
This project will not involve the loss of historic resources based on a site
walkover, a review of literature and with knowledge of studies and evaluations
from adjacent areas of the county.
AOzEdward B. Robinson
C. L. Robinson Corporation
4
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SUBDIVISION ADMINISTRATOR DATE
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GREEN WAY , INC.
970 Riker Lane , WlnChrtler, Vlrglnln 22603 703-562-4185
H Bruce ErlenS,L S President
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