HomeMy WebLinkAboutPC 11-02-94 Meeting AgendaAGENDA
FREDERICK COUNTY PLANNING COMMISSION
The Old Frederick County Courthouse
Winchester, Virginia
NOVEMBER 2, 1994
7:00 P.M. CALL TO ORDER TAB
1) Meeting Minutes of September 21, 1994 ....................... A
2) Bimonthly Report ...................................... B
3) Committee Reports .................................... C
4) Citizen Comments ..................................... D
Sl Subdivision Application #009-94 of Hampton Chase, Section I to subdivide 12.02 acre
for proposed single family housing. This property is located adjacent to the City o�
Winchester and the Frederick County boundary line, just north of Battle Avenue and is
identified as PIN 54-A-94 in the Stonewall District. (Mr. Miller) ........ E
6) Subdivision Application #010-94 of Negley Construction, Inc. to subdivide 5.97 acres
for commercial use. This property is located behind the Days Inn on Welltown Road
(Route 661) and is identified as PIN 43-A-52 & 52B in the Stonewall District. (Mr.
Miller) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F
7) Extension of Sewer to Arthur Fulton Property. (Mr. Tierney) ........... G
2
PUBLIC HEARINGS
8) Conditional Use Permit #009-94 of Robin G. Dassler for a dog kennel. This property is
identified as PIN 28-A-155 in the Gainesboro District. The directions to this property
are as follows: From Northwestern Pike (Route 50 W), proceed eight miles past
Winchester Medical Center. This property is located below the North Mountain Truck
Stop.
(Mr. Miller) ......................................... H
9) Conditional Use Permit #011-94 of Joseph Edmiston for a dog kennel. This property is
identified as PIN 52-A-232 in the Back Creek District. The directions to this property
are as follows: From Northwestern Pike (Route 50 W), turn left on Round Hill Road
(Route 803), and proceed 1/2 mile. (Mr. Miller) ................... I
10) Rezoning Application #007-94 of Frederick Mall Land Trust to rezone three acres from
RA (Rural Area) to RP (Residential Performance). This property is located west of
Greenwood Road (Route 636), on the south side of Senseny Road (Route 657), and is
identified as PIN 54 -A -125A in the Shawnee District.
(Mr. Tierney) ........................................ J
11) Rezoning Application #008-94 of James Carroll to rezone 2.81 Acres from RP
(Residential Performance) to B2 (Business General). The directions to this property are
as follows: From Interstate 81, approximately .75 miles east of the City of Winchester,
turn left onto Custer Avenue, and the property is located at the intersection of Custer
Avenue and Pembridge Road. This property is identified as PIN 64A -4-20A in the
Shawnee District. (Mr. Tierney) ............................. K
MISCELLANEOUS
12) Completion of Corridor Study Report (Mr. Tierney) ................ L
13) Corridor H Virginia Citizens Advisory Committee (Mr. Watkins) ....... M
14) Other............................................N
MEETING MINUTES
OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board Room of the Old Frederick County Court House in Winchester, Virginia on
September 21, 1994.
PRESENT: Planning Commissioners resent were: James W. Golladay, Jr., Chairman;
John R. Marker, Vice Chairman/Back Creek District; Marjorie H. Copenhaver,
Back Creek District; Terry Stone, Gainesboro District; John H. Light, Stonewall
District; Charles S. DeHaven, Jr., Stonewall District; Robert A. Morris, Shawnee
District; Roger L. Thomas, Opequon District; George L. Romine, Citizen at
Large; Robert M. Sager, Board Liaison; and Vincent DiBenedetto, Winchester
City Liaison.
Planning Staff present: Robert W. Watkins, Director and Secretary; and Kris
C. Tierney, Deputy Planning Director.
ABSENT: S. Blaine Wilson, Shawnee District; Richard C. Shickle, Gainesboro District
CALL TO ORDER
Chairman Golladay called the meeting to order at 7:00 p.m.
MINUTES - MEETING OF AUGUST 3, 1994
Upon motion made by Mr. Romine and seconded by Mr. Thomas, the minutes
of August 3, 1994 were unanimously approved as presented.
BIMONTHLY REPORT
Chairman Golladay accepted the Bimonthly Report for the Commission's
information.
2
COMMITTEE REPORTS
Comprehensive Plan Subcommittee
Mrs. Copenhaver stated that the comments received at the two public meetings
were generally positive regarding the corridor studies.
Sanitation Authori - 9/21/94 Mtg.
Mrs. Copenhaver reported that the Parkins Mill expansion is underway, but will
not be completed for another year. She said that about 150,000 gpd of water is still being
purchased from the City, however, this is mostly for security reasons.
Mrs. Copenhaver said that customers of the Sanitation Authority who had made
deposits to get water and sewer and who are in good standing will be receiving credits to their
accounts in the amount of their initial deposits.
Battlefield Task Force
Mr. Watkins said that the BTF is undergoing an intense process with the
consultant to develop a public involvement process. Mr. Watkins said that meetings are
scheduled for October and November.
CITIZEN COMMENTS
Mr. Lawrence Fagg, Opequon District, came forward and stated that last year,
there was a heated controversy about the construction of a 66 -home development behind the
Jamesway Shopping Center on Route 641. Mr. Fagg said that the Planning Commission
recommended that the request be denied, however, it was finally approved by the Board of
Supervisors. He said that one of the main reasons for this was that the tract was partially within
the County's Urban Development Area.
Mr. Fagg presented a petition with signatures from 120 people requesting that the
Planning Commission not enlarge the Urban Development Area any further than it is, particularly
along Routes 641 and 640.
Mr. Fagg read the petition as follows:
3
This petition is presented to remind the Frederick County Planning Commission
of the strong citizen resistance to the rezoning for a 66 -home development on a 28 -acre tract on
Route 641 near Route 277. Despite the Planning Commission's rejection of this proposal, it was
approved by the County Board of Supervisors early this year. The prime reason for this approval
was that most of the tract was within one of the Planning Commission's Urban Development
Areas.
Given these facts and the continued uncontrolled growth in Frederick County, we
the undersigned wish to express our concerted resistance to any extension of the Urban
Development Area in this part of the County (specifically along Routes 641 and 640) that might
be considered by the Planning Commission in the future. We feel that this position is absolutely
necessary to preserve the rural character of this part of the county in the face of increasing
growth and the attendant traffic, pollution, and crime.
Upon motion made by Mr. Thomas and seconded by Mr. Romine, the
Commission unanimously voted to make the petition a part of the official record.
DISCUSSION REGARDING THE EXTENSION OF SEWER OUTSIDE THE SEWER
AND WATER SERVICE AREA BY ARTHUR H. FULTON
No Action
Mr. Tierney stated that Mr. Arthur Fulton is interested in extending sewer to his
property which is located on the south side of Route 277, just east of the intersection with Route
636. He said that Mr. Fulton's property is located outside of, but adjacent to, the County's
designated Urban Development Area and Sewer and Water Service Area.
Mr. Tierney said that the property consists of 14.6 acres, zoned M2 (Industrial
General), and is the site of the former Fulton Trucking Company and offices. He said that Mr.
Fulton proposes to hook a two-inch line into a pump station located near the pool in Sherando
Park, run the line up the west side of Route 636, across property owned by a third party, and
then go under Route 636 to his property. He said that Mr. Fulton proposes that a holding tank,
which would be pumped periodically, would be utilized for solids and that the sewer connection
would only be used for liquid waste.
Mr. Tierney said that it was his understanding, through conversations with the
Parks & Recreation Department's director, that in order to make this extension, the Parks &
Recreation Department would have to make an appeal to the Department of Interior, similar to
the one the County had to do with the relocation of Warrior Road and the same funding rules
would apply.
4
Mr. Charles W. Maddox, Jr., of G. W. Clifford & Associates, the design
engineers, said that this area has a long history of marginally operating on-site waste water
facilities.
Mr. Arthur Fulton said that there are two septic systems on his property. Mr.
Fulton said that he has leased 5,000 square feet of his main office building to Grafton School
and he was not certain the existing sewer facilities would be able to handle the increased number
of people.
Commission members recognized the fact that a number of homeowners just south
of this site on Route 636 have experienced failed septic systems. Commissioners noted that when
these people tried to upgrade their systems, they found that they didn't have sufficient land to
build new, acceptable septic systems. Commission members were also concerned about the
installation of a two-inch line on a public right-of-way when, in the near future, the county may
have to go back and put in a larger line to serve houses in the area with failing sewage systems.
On the other hand, they felt the two-inch line could be used as a limiting factor as far as
development of the area was concerned. Another issue that arose concerned the sewage line
going across Parcel 143 and whether the county could deny sewage access to that adjacent parcel
if it was permitted on Mr. Fulton's property.
The Commissioners decided to send this matter to the Comprehensive Plans &
Programs Subcommittee for further study and a recommendation.
DISCUSSION REGARDIN A PROP SED M1 REZONING ALONG ROUTE 50 WEST
FOR D.K_ ERECTORS
No Action
Mr. Tierney said that Mrs. Charlotte Kollar of D.K. Erectors, Inc. was present
to discuss the proposed rezoning of 11 acres (Parcel 94B), located north of Route 50 and adjacent
the northern limits of the existing D.K. Erectors location, from RA (Rural Areas) to M1 (Light
Industrial). Mr. Tierney said that D.K. Erectors has an existing business (Parcel 94A) which
is zoned M i and fronts on Route 50.
Mrs. Charlotte Kollar, the wife of the President of D.K. Erectors, Inc., Mr. David
Kollar, came forward to answer questions and to explain their plans for the expansion of their
business. She said that the expansion was primarily a continuation of current operations. Mrs.
Kollar said that they planned to construct a new shop facility (approximately 10,000 square feet)
for under -roof equipment and materials storage.
5
The main concern of the Commission was impacts to adjoining properties. Mrs.
Kollar explained that the closest residences were on the other side of Day Drive, in Westwood
Terrace (Lots 1 through 5), located south and east of the proposed site. She said that those
residences are screened from her property by woods and a steep embankment and were accessed
by Pinehill Drive and Oak Drive. Mrs. Kollar said that they have a good working relationship
with Parcels 18, 91, and 91A, located to the northeast. Mrs. Kollar did not anticipate an
increase in vehicular traffic, since they make deliveries and installations at their customer's
locations, and no noise impacts would be generated.
The Commissioners were generally satisfied that impacts to surrounding properties
would be minimal. They also felt that D.K. Erectors was a reputable company and saw no
problem accommodating the request.
DISCUSSION OF PROPOSED MODIFICATION OF THE EASTERN ROAD PLAN
No Action
Mr. Tierney said that the Comprehensive Plans and Programs Committee is
anticipating making minor changes to the Eastern Road Plan, as part of their annual update of
the Comprehensive Plan, and these changes would involve the removal or realignment of certain
road connections due to changing circumstances or development patterns. He said that the staff
has had a number of discussions with G.W. Clifford & Associates concerning some of the
problems that exist in the proposed Greenwood Road/Valley Mill Road interchange.
Mr. Tierney said that VDOT has a proposal that would align and straighten Valley
Mill Road in order to create a squared -off intersection at Valley Mill Road and Greenwood
Road. He said that substantial cost would be involved. He said that Mr. Maddox has pointed
out the potential to improve upon that idea by de-emphasizing Greenwood Road as a north -south
collector in favor of a new north -south collector through Abrams Point, which lies to the west
of Greenwood Road, south of Valley Mill Road.
Mr. Charles W. Maddox, Jr., with G.W. Clifford & Associates, explained the
alternative plan to the Commission. Mr. Maddox said that they would like to be involved in the
overall transportation planning and hoped that the Commission would look at their suggestions
as a cooperative effort.
The Commission was very receptive to Mr. Maddox's ideas and decided to study
the Eastern Road Plan alternatives further.
11
ANNUAL PLANNING COMMISSION RETREAT
Mr. Watkins said that the Planning Commission's annual retreat will be held on
Saturday, November 19, 1994 at the Country Inn in Berkeley Springs, West Virginia.
ADJOURNMENT
p. in.
No other business remained to be discussed and the meeting adjourned at 8:10
Respectfully submitted,
Robert W. Watkins, Secretary
James W. Golladay, Jr., Chairman
M E M O R A N D U M
TO: Frederick County Planning Commission
FROM: Robert W. Watkins, Secretary
SUBJECT: Bimonthly Report
DATE: October 21, 1994
(1) Rezonin s Pending:
dates are
submittal
dates
dates
C. L. Robinson
03/30/94
BkCk
RA
to
B3
Brown Lovett, Jr.
09/14/94
Ston
RA
to
M1
Frederick Mall
08/10/94
Shaw
RA
to
RP
Frederick Mall
10/07/94
Shaw
RA
to
RP
James Carroll
10/07/94
Shaw
RP
to
B2
(2) Rezonin s Approved: (dates are BOS_.meeting dates)
None
(3) Rezonin s Denied: dates are BOS meeting dates
None
(4) Conditional
Use Permits Pending:
dates
are submittal
dates
C.J. Funk
08/26/94
Gaines
Fabrication
Shop
Anita Farmer
Donald Cook
Robin Dassler
Joe Edmiston
09/9/94 Shaw
09/12/94 Ston
09/23/94 Gaines
10/07/94 BcCk
Golf Course
Automobile Garage w/o
body repair
Private Dog Breeding
Kennel
Kennel
(5) Conditional Use Permits Approved: dates are approval dates
Mark E. Lowery 10/12/94 Gaines Public Garage w/o
body repair
(6) Site Plans Pending: dates are submittal dates
Wheatlands Wastewater Fac. 09/12/89 Opeq Trmt.facil
Grace Brethren Church
Flex Tech
Lake Centre
Red Star Express Lines
Shenandoah Gas Co.
2
06/08/90 Shaw
10/25/90 Ston
05/15/91 Shaw
05/24/91 Ston
04/12/94 Shaw
Regency Lakes Sec. C 07/25/94 Ston
Garber 07/26/94 Shaw
Taco Bell 09/27/94 Gaines
Kraft General Foods 10/06/94 Ston
Shenandoah Valley Baptist 10/14/94 Opeq
Church
Lgt. Industrial
Townhouses
Whse. Addition
Offices
sales & service
Mobile Homes
Retail Commercial
Restaurant
Addition
Classroom Addition
(7) Site Plans Approved: (dates are approvaldates)
84 Lumber
10/12/94 Ston
Storage Addition
Rosedale Baptist Church 10/18/94 BkCk
Assembly Hall
Minute Wok
10/18/94 Shaw
Restaurant Addition
Childrens Services of
Virginia, Inc.
10/20/94 Shaw
Office Building
Johnson Exxon Addition
10/20/94 Shaw
Drive-Thru Addition
(8) Subdivisions Pending:
(dates are submittal
dates)
Briarwood Est.
01/04/94
Ston
Harry Stimpson
09/23/94
Opeq
Hampton Chase Sec. I
10/05/94
Ston
Negley
10/11/94
Ston
(9) Subdivisions Pending Final Admin. Approval:
(P/C or BOS approval
dates
Abrams Point, Phase I
06/13/90
Shaw
Lake Centre
06/19/91
Shaw
Fredericktowne Est., Sec 8 & 9 10/06/93
Opeq
Garber
09/07/94
Shaw
C. Douglas Adams
10/19/94
Shaw
(10) PMDP Pending: (dates are submittal dates)
Fieldstone Heights 04/25/94
(11) PMDP Approved: Dates are approval dates
Star Fort
Garber
09/14/94
09/14/94
Ston
Gain
Shaw
(12) PMDP Pend_ina Administrative Approval: (lates are BOS aPRr—ral
dates
Battlefield Partnership 04/08/92 BaCk
James R. Wilkins III 04/14/93 Shaw
Lake Front Apartments 06/08/94 Shaw
3
(13) Board of Zoning Appeals Applications Pendinq:(submit dates)
None
(14) BZA Applications Approved• (approval dates)
David & Patsy Cress 10/18/94 Shaw
(15) BZA Applications Denied•
Sherando Village LLC Lot 4 10/18/94 Opeq
Sherando Village LLC Lot 3 10/18/94 Opeq
(16) PLANS RECD. FOR REVIEW FROM CITY OF WINCHESTER
None
1E. PLANNING AND DEVELOPMENT - ACTIVITY REPORT 67 Oct. 1-Z5
1. Transportation
VDOT has informed the County that the engineering plans
for Route 642 are in Richmond and will receive official approval
soon. We are told that the project should be bid this winter and
construction should start in the spring of 1995. Unfortunately, we
have also been informed that the project is now expected to cost
significantly more than originally projected.
VDOT is recommending that the County utilize one million
of Secondary Road Improvement money to make up the difference.
This would require making the Route 642 improvements the number one
priority on the Secondary Road Plan. The Board will need to decide
on this proposal at their November meeting as part of the adoption
of the Secondary Road Improvement Plan. Additional details of this
proposal will be presented to the Board's November meeting.
Bob Watkins met with the Lord Fairfax PDC Transportation
Technical Committee.
Evan Wyatt updated the Frederick County Eastern Road Plan
which was recommended for adoption by the Comprehensive Plan
Subcommittee.
2. Plan Reviews Approval and Site Ins ections:
Evan Wyatt reviewed revisions to the site plan for an
addition to Minute Wok Restaurant, revisions to the site plan for
a drive-thru/restaurant addition at Johnsons Exxon, revisions to
the Taco Bell site plan, revisions to the Garber Master Development
Plan, revisions to the proposed Childrens Service Center office
building, and reviewed a site plan for a new medical office in
front of the Westside Station subdivision.
Evan Wyatt approved a site plan for a new storage
building at 84 Lumber, and a revised site plan for the enclosure of
loading docks at Southeastern Container.
3. Battlefield Preservation
Bob Watkins met with members of the Battlefield Education
Subcommittee of the Battlefield Task Force to discuss public
involvement efforts.
4. Meetings
Evan Wyatt and Eric Lawrence met with Mark Krcmarik to
discuss an addition to the Kraft/General Foods facility.
Wayne Miller and Evan Wyatt met with Jim Golladay to
discuss issues regarding a proposed service drive between the
Holtzman property and the Taco Bell.
Evan Wyatt met with representatives from Construction
Management to discuss a proposed addition to the Sterling Products
facility.
Evan Wyatt and Eric Lawrence attended a Technical Review
Committee meeting to discuss proposals for the Bank of Clarke
County branch bank and a Federal Express facility.
Evan Wyatt met with Tim Painter to discuss a proposal for
a new educational building at Shenandoah Valley Christian Academy.
Wayne Miller and Evan Wyatt met with representatives of
Regency Lakes to discuss requirements for the construction of an
access road throughout the development.
5. Professional Development
Bob Watkins met with Chuck Johnston of Clarke County and
Martin Small, a planner from Winchester, England, to discuss
professional planning issues.
6. Comprehensive Plans And Programs Committee
The CPPC has finalized their report on Business
Corridors. The report will be going to the Planning Commission in
November. Excerpts of the report will be incorporated into this
year's update of the Comprehensive Plan which Kris Tierney and Jean
Moore are now working on.
The Committee is considering the request from Mr. Fulton
for permission to extend sewer to his property located at the
intersection of Routes 277 and 636. The Committee should be
formulating a recommendation for the Planning Commission at the
Committee's November meeting.
The Committee has received one request for expansion of
the Urban Development Area. This request involves land between
Merriman's Lane and Route 37. The Committee will be discussing the
request in Novembers Kris Tierney and Jean Moore will be
formulating a recommendation for the Committee.
The CPPC is also beginning their review of project
requests for inclusion in the 1995-96 Capital Improvements Plan.
Kris Tierney and Eric Lawrence will be putting together a
recommendation of priorities for the Committee.
7. Other
The County has entered into a contractual agreement with
K.W. Poore & Associates of Richmond to perform work associated with
the Community Development Block Grant which the County received.
Poore & Associates will be conducting a planning study examining
the feasibility of constructing a residential facility for mentally
handicapped adults within Frederick County. The study will also
develop a building design, examine possible locations, explore
means of funding the construction of a facility, and alternatives
for ownership and operation. Kris Tierney is administering the
grant for the County with assistance from the Rose Memorial
Foundation.
PC REVIEW: 11/02/94
SUBDIVISION APPLICATION 009-94
HAMPTON CHASE SECTION I
LOCATION: Adjacent to the City of Winchester, and the County of
Frederick boundary line, just north of Battle Avenue.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER: 54-A-94
PROPERTY ZONING & PRESENT USE: Zoned RP (Residential Performance)
- land use: vacant
ADJOINING PROPERTY ZONING & USE: Zoned MR (City Residential), M1
(Light Industrial), B-2 (Business General), and RP (Residential.
Performance) - land use: vacant, residential, and industrial
PROPOSED USE: Single Family Housing
REVIEW AGENCY COMMENTS:
DEPARTMENT OF TRANSPORTATION: See attached letter from W.H.
Bushman to G.W. Clifford dated April 25, 1994.
SANITATION AUTHORITY: 1st review, 16 items correct and
resubmit.
INSPECTIONS DEPARTMENT: Building shall comply with Virginia
Uniform Building Code and Section 309 Use Group R
(Residential) of the BOCA National Building Code/1990. NOTE:
Must provide finished floor elevations on lots 33, 32, 51, and
52 for lower level around storm easement and Table 905.2 for
exterior wall fire resistant ratings at property lines.
FIRE MARSHAL: Subdivision plans approved.
CITY OF WINCHESTER ENGINEER: Request adequate measures be
taken to prevent transport of mud and sediment on city stree
by construction vehicles.
PARKS AND RECREATION DEPARTMENT: Plan dated July 1993 appea s
to meet open space requirements.
COUNTY ENGINEER: The erosion and sediment control plan
appears to be satisfactory. Also, the stormwater management
structures have been adequately designed to interpret and
divert stormwater runoff. However, final approval of this
revised Section I cannot be granted until the deficiencies
associated with the existing stormwater facilities have been
corrected.
LFPDC SOIL & WATER CONSERVATION: This plan conforms to state
E&S standards. The only problem we found was the fact that
construction has already taken place.
FREDERICK COUNTY PUBLIC SCHOOLS: We feel that this proposa
will have an impact on current and future school facilities
We recommend that these concerns be addressed during th `
approval process.
PLANNING AND ZONING: This proposed subdivision is in complete
conformance with the approved revised master plan. This
section is for 36 zero lot line single family residences. The
plan as presented does not meet the subdivision ordinance
requirements since there are no sidewalks or street lights
indicated on the plan. The plan will need to be revised to
reflect the ordinance requirements. The storm water detention
facility that will serve this section of the development has
been constructed. The developer is required to consummate an
agreement with the property owners association for maintenance
of this facility. This will be required before the streets
can be entered into the secondary road system. Moreover, the
County Engineer is withholding his approval of this section
until deficiencies in the existing stormwater facilities are
corrected. No certificates of occupancy will be issued in
this subdivision until the streets are provided with a
compacted CBR base and a prime -and -single -seal surface. The
appropriate street and traffic control signs must also be in
place prior to issuance of CO's. Lots 36 thru 41 on the
northwest side of this section have a 50 foot zoning buffer
running through the lots. The plats for this section will
need to clearly show this and indicate that it is an area
where no structures can be placed.
STAFF RECOMMENDATION: Approval with the condition that all
review agency comments must be complied with.
DAVID R. GEHR
COMMISSIONER
COMMONWEALTH of VIRGINIA
DEPARTMENT OF TRANSPORTATION
P. 0. BOX 278
EDINBURG, 22824
(703) 984-5611
April 25, 1994
Mr. P. Duane Brown, C.L.S.
C/O G. W. Clifford & Associates, Inc.
200 North Cameron Street
Winchester, VA 22601
Dear Duane:
WILLIAM H. BUSHMAN
RESIDENT ENGINEER
TELE(703)984-5600
FAX (703) 984-5607
Ref: Hampton Chase
Section I
Route 1322
Frederick County
We are in receipt of your revised site plans dated April 20, 1994 for the referenced
development. It appears all of our earlier comments have been satisfactorily addressed.
Please advise the owner of our approval.
All conditions in our earlier approval letter dated May 29, 1991 for this project still apply.
If you have any questions, please let me know.
Sincerely,
William H. Bushman
Trans. Resident Engineer
By: Robert B. Childress
Hwy. Permits & Subd. Spec. Senior
RBC/rf
Enclosure
xc: Mr. T. L. Jackson (w/ copy of plan)
Mr. S. A. Melnikoff (w/ 2 copies of plan)
Mr. R. W. Watkins
Mr. H. E. Strawsnyder
TRANSPORTATION FOR THE 21 ST CENTURY
APPLICATION AND CHECKLIST
SUBDIVISION
FREDERICK COUNTY VIRGINIA
1
Date:Selptember 9 1994 Application #: (�Ci'� Fee Paid (1 1
Applicant/Agent: Mr.Ste hen M. G urisin
filbert w. clifford and associates inc.
Address: 200 North Cameron Street
Winchester Vircrinia 22601
Phone: 703-667-2139 fax 703-665-0493
Owners name: Dave Holliday Construction Inc.
Address: PO Box 2715, Winchester, VA 22604
Phone: 703 667--2120
Please list names of all owners, principals, and/or majority
stockholders:
David B. Holliday Ron Shickle
Contact person:_ Stephen M Gvurisin
Phone: (703) 667-2139
Name of Subdivision: Hampton Chase - Section I
Number of Lots: 36 Total Acreage: 12.0230 Acres
Property Location: Adjacent to the City of Winchester and the
County of Frederick boundary line just north of Battle Avenue.
(Give State Rt.#, name, distance and direction from intersection)
Magisterial District: Stonewall
Property Identification Number (PIN): 54-((A))-94
Property zoning and present use:RP Vacant
Adjoining property zoning and use:MR (City Residential), M-2
M-1, and RP (Vacant, Residential and Industrial)
Has a Master Development Plan been submitted for this project?
Yes XX No
If yes, has the final MDP been approved by the Board of
Supervisors?
Yes XX No
What was the MDP title? Hampton Chase
Does the plat contain any changes from the approved MDP?
Yes No XX
If yes, specify what changes.
Minimum Lot Size (smallest lot):6,039 Sauare Feet
Number and types of housing units in this development:
Number: 36
Types: Single Family Detached Zero Lot Line
e
SUBDIVISION CHECKLIST
The subdivision application is not complete if the items listed
below are not present. Some items may be omitted by the
Subdivision Administrator prior to starting application. It is
recommended that the applicant meet with the Subdivision
Administrator prior to beginning the application process and again
when the application is completed.
Submission Packaae
✓ 1. One set of comment sheets from the following agencies
along with any marked copies of the plan:
✓ VDOT ✓ Cit of W' h
Health Dept.
✓ Inspections Dept.
I inc ester
✓ Sanitation Authority
V/ Parks & Recreation
Fire Marshal Winc. Regional Airport
Town of Middletown Town of Stephens City
✓ Superintendent of Schools
(Information Only)
✓ Lord Fairfax Soil & Water Conservation District
✓ County Engineer
ti✓ 2. 1 copy of the subdivision application
✓ 3. 3 copies of the plan on a single sheet
4. 1 reproducible copy of the plan (if required)
5. a 35mm. slide of the plan
Fj
SUBDIVISION DESIGN PLAN
CHECKLIST
The subdivision design plan shall be drawn at a scale that is
acceptable to the Subdivision Administrator. The subdivision
design plan shall include a sheet depicting the full subdivision
submitted. The subdivision design plan shall include the following
information:
✓ title "Subdivision Design Plan for " Nar„oTor. C�,race
with a notation of all previous names of the subdivision.
✓ original property identification number.•
✓ page number and total pages on each page.
✓ name of the owner and/or subdivider
✓ vicinity map [scale of one to two thousand (1:2000)]
showing all roads, properties and subdivisions within one
thousand (1000) feet of the subdivision.
written and graphic scale.
✓ day, month and year plan prepared and revised.
✓ North arrow.
✓ name of the Magisterial District where located.
zoning of all land to be subdivided.
✓ boundary survey of all lots, parcels and rights-of-way
showing bearings to the nearest minute and distances to
the nearest one-hundreth (1/100) of a foot.
✓ topography shown at a contour interval acceptable to the
Subdivision Administrator but in no case greater than
five (5) feet.
✓ names of owners, zoning and use of all adjoining
properties and deed book and page number references for
each adjoining parcel.
✓ proposed use of each lot, with the number of lots in each
use category.
✓ area of each lot and parcel, the total area of the
subdivision and the total area in lots.
10
location and area of each parcel of common open space and
the total area of common open space.
location, names, right-of-way widths and classifications
Of existing and planned roads, streets and shared private
driveways adjacent to and on the property.
✓ existing or proposed utilities, sewer and water lines,
manholes, fare hydrants and easements.
✓ existing and proposed drainage ways, drainage facilities,
culverts and drainage easements with dimensions and
design details.
stormwater management plan with calculations describing
how stormwater management requirements are being met,
including the location and design details of proposed
facilities.
✓ proposed grading plan including spot elevations and flow
arrows.
✓ cross sections, profiles and design details of all
proposed streets, roads, culverts, storm sewers, sanitary
sewers and water mains.
locations, dimensions and cross sections of existing and
proposed sidewalks and walkways.
i
✓ location of environmental features including floodplain,
steep slopes, wetlands, sinkholes, woodlands and natural
stormwater detention areas.
names of all streams and bodies of water, including all
one -hundred -year flood limits as mapped by FEMA.
✓ location of all land to be dedicated or reserved for
public use.
✓� location of required setback lines on each lot.
✓� location of proposed recreational areas and facilities.
location of proposed buffers and screening with design
details, locations and types of plants and screening.
✓ proposed landscaping with location and types of plants.
✓ certification by an engineer, surveyor or other
professional of the accuracy of the plat. qualified
11
signature of the owner or principals certifying ownership
of the property.
r/ statement listing all requirements and conditions placed
on the land included in the subdivision resulting from
approval of conditional zoning or a conditional use
permit.
✓ signature line for the Subdivision Administrator.
12
jimir
♦ <'
t� a
T''T� / �+. is •: ytf} R>'r ate! �.�1 ���.
MIL
1.� �•ti�n ,rty,�1� 0 r'
111 .�` �
APPROVED BY
Frederick.unty Sanitatio
Planning Commission
Subdivision Administrator
Dote
Virginia Department of . •• • • I•
te
OWNER'S CERTIFICATE
The above • • foregoing subdivision of • • of Dove Hollia`Oy• •
Inc., as appears in the accompanying plats, is with the consent and in accordance
with the desires of •- • • owners, proprietors, • • trustees, if any.
NOTARY PUBLIC
0, , a Notary Public in and for the state of Virginia at
large, do certify that , whose name is signed to the
foregoing Owner's Certificate, has acknowledged the some before me in my state.
Given under my hand this day of 1993.
My commission expires
All property owners in Hampton Chase are required to belong o the Hampton Chase Home Owners
As,saciation: The Association is the owner of all areas shown as Open Space on the attached plat and is
re.,ponsible for the maintenance of those areas. All property owners must pay an annual assessment to pay
for this maintenance. This fee and all other rules of this Association are set forth in the Restrictions and
Covenants attached hereto. A copy of the Final Master Development Plan for Hampton Chose is on file
at the Frederick County Department of Planning and Development.
SURVEYOR'S CERTIFICATE
1 hereby certify that the land contained in this subdivision is a portion of the land conveyed to
Dove Holliday Construction, Inc. by deed dated December 15, 1990, said deed recorded in the Office
of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 754 at page 797.
_4-*S?6uA n 0-*
Q� P. DUANE
BROWN
N0. 1255
LAND Sip
P. Duane Brown, C.L.S.
Fin of Pla t
Hampton Chase Section 1
Phase II
Stonewall Magisterial District
Frederick County, Virginia
DATE: 3 November 1993 Cover Sheet I Sheet 1 of 6
gilbert w. clifford & associates, inc.
ENGINEERS — LAND PLANNERS — SURVEYORS
150-C Olde Greenwich Drive 200 North Cameron Stree
Fredericksburg, Virginia 22401 Mnchester, Virginia 22601
(703) 898-2115 (703) 667-2139
(See Shoot 5 of 6)
Lot X37
o �
N ttn
.1
rrt
Lot 36
1
r%o-
Lot 35
Lot 34
Lot 33
All Lots are Single Family Detached -- Zero Lot Line.
All Lots are subject to a 10' Slope & Drainage
Easement along all Rights—of—Way and a 10'
Utility Easement along the rear Property Line.
/
Lot 32
5
ok
P. DUANE ,r
BROWN
N0. 1285
LAND
f,
ory
9�
s
s
1�` Open Space
; 1.3802 Acres
1
y f Dra/noge Easement
aD
z 67.00'
Fi S 43 j49'06 " W
Lot 31 Lot 30
Ex. Hampton
Section 1 —
• Denotes Iron Rod to be set
an Lot Lines ® the Building
Setback Line. 0e. 25' from
road Right—of—Way)
kin. Front Setback = 25'
Min. Rear Setback = 25'
5
n
�O C? 9 O
7
t y
hygr� -7
S 41'1229" W 162.44'
Ex. Open Space
Chase
Phase I
Hampton Chase — Section 1 Phase II
DATE: 3 November 1993 Scale: 1"=50' Sheet 3 of 6
gilbert w. clifford & associates, in c.
ENGINEERS — LAND PLANNERS — SURVEYORS
150—C Olde Greenwich Drive 20D North Cameron Street
Fredericksburg Virgini° 22401 Winchester, Virginia 22601
(703) 898-2115
(703) 667-2139
Z I Lot 49 I
46
N 42'08' E
105.00
I Lot 50 a
rn j 6.930 S' F' I
vii o I
00
cn S 42'08'46" 8
1 105.00'
m
o
C %
t+7
O
ts O
m
1p
49
am
,a
(See Sheet.5 of 6)
Lot 51 1
6,754 S. F 1
1 20' Draonage Easement
S 42'08'46
101.94'
InL'e
P
; aces
556 F. /' �
48 W
N1 1
`"
-
Z o Lot 52
rn� a 6,888 S.F. 1
-73
~ m
/ S 39-11'48
Lot 53
Lot 54
Section 1 — Phase 1
Min. Front Setback = 25'
Min. Rear Setback = 25'
03
N.4
P. DUANE
BROWN
NO 85
LAND Sv��
ILot 36
E
�105.00�
Lot 35s.F
�I 6,930
j tN �42 QB 46� —
105. cn
IU Q)
rn
m
° o U!
Lot 34 I
\ 6,791 S.F.
N
35
0 96.09
Lot 33 \
® 6,708 S.F.
/ 20' Oro/noge
Easement
o N-43 49 06..E
99.59'
Open Space
1.3802 Acres
(See Sheet 3 of 6)
10' Maintenance
Easement (t}p.)
3
'
Lot 32 // S 43'49'06" W
S.F. F,
25.00' 25.00
6,039 ��
S 43'49'06" W
50.00'
rn
0 hh
tx1 o
>4o
cn
/p/ Lot 31
S 43.49'06" W
65.00'
b �I
Ex_
OpenSpace
o
Section 1 - Phase I
t1
c1
0
• Denotes Iron Rod to be set
,-�
on Lot Lines ® the Building
Setback Line. 6e. 25' from
road Right -of -Way)
All Lots are Single Family Detached - Zero Lot Line.
All Lots are subject to a 10' Slope & Drainage
Easement along all Rights -of -Way and a 10'
Utility Easement along the rear Property Line.
Hampton Chase — Section 1 Phase H
DATE. 3 November 1993 Scale: 1"=50' IShe,t 4 of 6
gilbert w. Clifford & associates, inc.
ENGINEERS — LAND PLANNERS — SURVEYORS
150—C Olde Greenwich Drive 200 North Cameron Street
Fredericksburg, Virginia 22401 Winchester, Vwglnla 22601
(703) 898-2115 (703) 667-2139
(See Sheet 6 of 6) 491
0 �) }
Lot jl In
\ Lot 45 91 o N 42'08'46" E a�a'� ' 105.00'
N
,46" E
is
1
105.00'm
l lap, ° z
l Lot 39 0 3
6,930
1 .I 46 rn y o
0) Lot 6,930 S. F. Z r 0 ` o
o8'
N 42'046 J .14_ 3V Lno
105.00' o
S 42'08' 46" W ti f I 1
105. o- I } a � Q The Salvation Army
�1 `I I
Q1 6 930 S. F• 4
Q1 Sb o ,
LC 4F a 01
to_I rn
1 6, 930 S-
o N 42'Q$r4
�1 4W o `,� 105.00'
4rr1
S 2'086
t
105.00 � o
� 1
Lot
6,930 S.F. I
Lot 48 I a `\
c I6,930 S.F I _
3 a o N 4208'
o I I
] ?C7 105.00'
` b S 42-08'46" W 1 \
10501) .00_ o
l
Lot 36 \ o
t 91 o 6,930 S.F.
rn ILot 49 I c,
6, 930 S.F. 05
f~ W
} l l o S 42'08' 46" 5\
l 105.00'
S 42-08'46" W penSpace
_
1.3800 Acres
i Lot 35 (See Sheet 3 of 6)
Lot 50 (See Sheet of 6)
• Denotes Iron Rod to be set
on Lot Lines ® the Building
Setback Line. (i.e. 25' from
Min. Front Setback = 25' road Right—of—Way)
Min. Rear Setback = 25'
All Lots are Single Family Detached — Zero Lot Line.
All Lots are subject to a 10' Slope & Drainage
'�►isT1Y p�, Easement along all Rights—of—Way and a 10'
Utility Easement along the rear Property Line.
P„BROWN E
-'Hampton Chase — Section 1 Phase 11
NO. 1285 DATE. 3 November 1993 Scale: 1"=50' Sheet 5 of 6
�F� Q gilbert w. ciifford & associates, inc.
ENGINEERS — LAND PLANNERS SURVEYORS
f. 150—C Olde Greenwich Drive
tAM) Fredericksburg. Virginia 22401 200 North Cameron Street
Winchester. Virginia 22601
(703) 898-2115 (703) 667-2139
��ter Warehousiren9• Inc- `
302.50'
pen
Space
N 4.7"41'48" E , /jam \ 1.3802 Acres
ti �� 1
,Qa 1
5�3
�i S43636,
a ti
! N
^O
41
43
LOo�6 S F �ry/�� N
o� 1 6, 41 N11� 1�
of �m
\`S, \10 L F• rt
\6,057 S'
0 water
16
4 /// \ , Ar
10' Maintenance N 80.0 1 ndus
411/
trtol
t Easement (typj 50' Setback
.5� S IF -
(L600
�C I
Zo 401I
4�.
01
ap01 /
a m ' i \ 2 U, o*b 6 �,h6
is z � o
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1`5.0 �1
5 �
o
4 3
m � x
a, 6 130 S. F• o�y \ LOt 9
W N
S 42�a 0'
� 1p5 �i
Q; L t 46 See Sheet
5 of 6)
O
• Denotes Iron Rod to be set
on Lot Lines ® the Building
Setback Line. Oe. 25' from
Min. Front Setback = 25' road Right—of—Way)
Min. Rear Setback = 25'
All Lots are Single Family Detached — Zero Lot Line.
All Lots are subject to a 10' Slope & Drainage
T"Wil0 Easement along all Rights—of—Way and a 10'
Utility Easement along the rear Property Line_
P.1
BROWNN�E Hampton Chase N Section 1 Phase II
NO 285 DATE: 3 November 1993 Scale: 1"=50' Sheet 6 of 6
gilbert w. clifford & associates, inc.
ENGINEERS — LAND PLANNERS — SURVEYORS
/ SND 150—C Olde Greenrlch Drive 200 North Cameron Street
L4 Fredericksburg, Virginia 22401 wlnchester, Virginia 22601
(703) 898-2115 (703) 667-2139
Location Map for PIN; 54—A-94
Hampton Chase Subdivision Sec,l
PC REVIEW: 11/02/94
SUBDIVISION APPLICATION #010-94
NEGLEY
LOCATION: Behind Days Inn on Welltown Road (Route 661).
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER: 43-A-52 & 52B
PROPERTY ZONING & PRESENT USE: Zoned B3 (Industrial Transition) -
land use: vacant
ADJOINING PROPERTY ZONING & USE• Zoned B3 (Industrial Transition)
and M-1, Light Industrial; Land Use: vacant
REVIEW AGENCY COMMENTS:
DEPARTMENT OF TRANSPORTATION: See attached comments dated
09/23/94.
INSPECTIONS: No comment at this time. Shall comment at the
time of building site plan review.
FIRE MARSHAL: Posted fire lanes will be required at all fire
hydrant locations. All previous comments on fire and rescue
issues will still be required on any individual site plan
submittal for review.
COUNTY ENGINEER: Clarify the drainage easement from lot 1B
across lot 1A to the detention pond. Also, indicate the
existing access drive serving lot 1A, it appears that the
drainage easement across lot 1A should coincide with the
culvert under the access drive.
LFPDC SOIL AND WATER CONSERVATION• What was submitted to us
does not constitute an E&S Control Plan. However, we do not
see much potential for environmental damage to occur on the
site.
PLANNING AND ZONING: There is no master plan in existence for
this project, so waiver of that requirement is recommended.
This proposal meets all ordinance requirements. The developer
of this project will be responsible for completing a
maintenance agreement between the owner of the property where
the storm water detention facility is located and the County.
This must be accomplished before the street can be taken into
the secondary road system.
STAFF RECOMMENDATION: Approval with the condition that all
review agency comments are adequately addressed.
VDOT COMMENTS TO REQUEST FOR
SUBDIVISION COMMENTS
Negleyland - Plat Dated 09/12/94
09/23/94
No objection to the subdivision of this property. However, prior to development, this office
will require a complete set of construction site plans for review. Entrances will have to
be constructed to VDOT minimum standards to allow for safe egress/ingress of the
properties.
As proposed the division line between Lot 1-A and 1-B on the north side of Mercedes
Court will fall within the limits of an approved entrance location. If constructed, the
entrance will be on two (2) separate lots. Therefore, prior to Mercedes Drive being
added to our Secondary Maintenance System, a joint use agreement/easement will be
required to cover future use and maintenance of the entrance.
APPLICATION AND CHECKLIST
SUBDIVISION
FREDERICK COUNTY VIRGINIA
r
Date : -1()/,Q/94
Application # ( ' � l _ � r Fee Paid d
Applicant/Agent:
Address: 1650 Vallev Avenue
Phone:
Owners name:
Address:
Winchester, VA 22601
703 665-2792
Paul L. Negley
1650 Valley Avenue
Winchester, VA 22601
Phone: (703) 665-0532
-
.-Please list names; of -all
stockholders: :_owners r.= principals. and /or. majority
--. -- _
Paul L. Negley, President
Clement L. Negley, Vice President -
Contact Person: Paul L. Negley
Phone: (703) 665-2792
Name of Subdivision: Negleyland
Number of Lots Total Acreage 2.398 (lot 1a)
Property Location: Land behind The Days Inn on Welltown Road (Rt. 661)
(Give State Rt.#, name, distance and direction from intersection)
Magisterial District Stonewall District
Property Identification Number (PIN))
Property zoning and present use: B-3
Adjoining property zoning and use: B-3
Has a Master Development Plan been submitted for this project?
Yes No X
If yes, has the final MDP been approved by the Board of
Supervisors?
Yes No x
What was the MDP title? N/A
Does the plat contain any changes from the approved MDP?
Yes No
-777777
If yes, specify what changes:
Minimum Lot Size (smallest lot) N/A
Number and types of housing units in this development:
Number N/A
Types N/A
I
FINAL PLAT -
RESUBDIVISION LOT 1
NEGLEY LAND
STONEWALL DISTRICT
FREDERICK COUNTY, VIRGINIA
APPROVALS
FREDERICK CO. SANITATION AUTH.
VA. DEPT. OF TRANSPORTATION G,14,_ -i �. (�1DATE
PLANNING COMMISSION DATE z34
SUBDIVISION ADMINISTRATOR DATE
DATE
•uRVErOR•3'CERTIFICATE
Frirstenau, a duly authorized Lana Surveyor, do hereby certify
tnac the land shown hereon is in the name of Negley Construction Inc. and
`onve- to them by Deed dated July 2, 1991 and idr��u'uh
d
Bwol:. ?.5- at Pa 2 5n Deed
`o`rr Page , among the land records of the f
of Frederic!: County, Virginia. e ircuit
DAVID H. FURSTENAU L.S.
')i�JtJFr� 'J CERTIFICATE
I" ;bcj,,e and foregoing subdivision of the land of Negley Construction
it appeal's in the accomPanying
ance with the desires of the undersigned owners) t is with the consent and in
anv. , Proprietors and
Q.LLX _ VL-Q.Q
Ei f_F CIF VIRGINI / Paul Negley, FreWdent
C i c ; nounty of ��C�fCL�`
To -wit:
I A Notary Public in and for the State of
rair.a and Cit''/County of
gay " d 1LLLC , do hereby certify that
Personally appeared before me, Paul hJe le
g y whose name is signed
rhe above Owner's Certificate dated
=I me ba+ore me in my City/Count $ePI2, I?9q and acknowledged the
y as aforesaid -
DATE:_
DATE: SEPT. 12, 19941
OWN. By:
FURSTENAU SURVEYING SCALE:
STEPHENS CITY, VIRGINIA 22655
I OF 2
\ NO RAD uFITA ARC TAN CHORD CHD BRG
S 1 40.00' 113°19'30" 79.12' 60.81' 66.84' S 47°56'15" E
000 2 55.00' 141'54'26" 136.22' 159.31' 103.98' S 33"38'47" E
I,
9�
F
f00 �s�q
oG
z LOT I -A s o�
0
2.3986 ACR. / 0�� O°y
rn
m 0
W
:�E o I �°i LOTI-B
m l 3.5704 ACR.
m au 00Ll,
rn
z N �.
I
F\-,' - —
DAVID ►A. FURSUNAU 7
?10- M55
� qn"t' survE�°�
D o
U)
1
1 y 00 . BRC ��c°
2. �
•DETENTION .
POND ESM T \ q da
FOR LOT I -A 8 I DS�� y -1j
/,O Jo� 52°41'34 ��n�'
o°
A�
LOT 2
5-2 VACANT
RESUBDIVISION S I ON PLAT
OT 1
�, �7y� f NEGLEY LAND
6, STONEWALL DISTRICT
6 \ FREDERICK COUNTY, VIRGINIA
0 0
\ ° ° N
I I
I
ORIGINAL PLAT IS RECODED IN DEED BOOK 822 AT PAGE 1610.
DATE: SEPT. 12.1994
FURSTE�IAU SURVEYING ' CAL
= 100'
oW, By.
STEPHENS CITY, VIRGINIA 22655
9
ss 6
62 �/ gg
2 pts. /
224-294 /
Q
Jessica an� 97 m /f
C^ Q '"
N / m ' Sq
267-30q n N
224_593 58Z a � 57
99
1 A cn 56 98 2 Pts.
224-294
J
1
McGhee Road F, 307-496
„�O 732 5 3
�O
� 15 tgQ�
Sze
SS X62 2 52
edes O
s
Q„ 26-14 Cou w
5
2 A
5JP'
a
<050Ag D
399-427 7 0 151 A
B M 7 0
50
B �
See A D
314 —552
6 4a
1-4 4aB?mss \
9 ` 152
7 4
I1 i
1
44A
ss 9
BA ,
s3s�9 �J
00 4 4
Scale in Feet
0 300 600 900
,38
ovation Map for PIN; 43—A--52 & 52B
egley Subdivision File #010-94
COUNTY of FREDERICK
Department of Planning and Development
703 / 665-5651
Fax 703/678-0682
MEMORANDUM
TO: Planning Commission Members
FROM: Kris C. Tierney, Deputy Planning Director��
RE: Extension of Sewer to Fulton Property
DATE: October 21, 1994
The Board of Supervisors plans to consider Mr. Fulton's request for permission to extend sewer
to his property at the corner of Routes 635 and 277 at their November 9 meeting. (The Board
meets only once in November, due to the Thanksgiving Holiday). For this reason, we are
supplying you with some updated information and a staff recommendation which you may wish
to act on.
We have been in touch with the Sanitation Authority and G. W. Clifford and Associates. The
Sanitation Authority has no problem with residences along Route 636 hooking into a two-inch
line assuming that County policies permit it and that it is somehow constructed. There would,
however, be an expense involved with hooking into the line and extending it down Route 636.
The Health Department will not allow residential hookups to a pressurized line which is under
four inches in diameter unless the sewage first goes through a grinder pump. This would mean
that each residence would have to pay for the installation of a line from their residence to the
two-inch main to be built by Mr. Fulton, a grinder pump, and a tap fee.
The staff's feeling is that the Fulton tract should be permitted to hook into public sewer. This
conclusion results in part from the fact that the tract is adjacent to the Sewer and Water Service
Area boundary, but more importantly, because the property is zoned for industrial use. The
question of what use or uses might ultimately result on the Fulton tract is really not relevant to
the issue of a sewer extension. The tract is zoned M-1 (Light Industrial) and has been for a
number of years. Any uses allowed in this zone are permitted on this tract. This decision was
made when the County approved the ivi-i zoning for the parcei.
9 North Loudoun Street P.O. Box 601
Winchester, VA 22601 Winchester, VA 2260
Page 2
Comprehensive Plans & Programs Committee
Extension of Sewer to Fulton Property
October 20, 1994
We feel the extension could be permitted in a number of ways. One would be by extending the
Sewer and Water Service Area. Another would be to adopt a policy which states something to
the effect that commercial or industrial properties located outside of, but adjacent to the SWSA,
may be permitted to connect to public sewer and water. Either approach would require an
amendment to the Comprehensive Plan.
Likewise, staff feels that the single family residential properties along Route 636 should be
permitted to tie into the sewer line when and if it is extended. If the County determines that an
extension of the SWSA is the most appropriate way to proceed, we could include these
residential properties within the extension and could stipulate that the extension was strictly for
commercial use, or existing residences.
We anticipate that the Board will endorse one of these approaches and instruct the
Comprehensive Plans and Programs Committee to work out the details, so that the appropriate
language and or map amendment can be included in the current update of the Plan.
Attached is a map and aerial photograph which shows the location of the relevant properties, the
sewer line extension which Mr. Fulton proposes to construct, and the location of the possible
future extension of sewer to serve the residences. We are sending this same information to the
Comprehensive Plans and Programs Committee and asking them to contact staff if they have any
concerns with the proposal. We will update the Commission on any input we get between the
date of this memo and your meeting.
Please let me know if you have any questions
KCT/rsa
Attachment
w
Ed
` .r � � 1 1,
I
728111
v
Z,
7 4.0
-0
m
.0
/I
1
636
e
` .ti, - �;.� r.. :•+-• .y .r �� � Y��. ,��°,!' � ti � �s .,y. �" s ,gra.,
��:.�� �i� n '= ver '�' ,:. � � �a yr w ^• Via+ : A'4 �,,.+-r�� _ r s � �' _.; � y �„ � } .
�',, • 2 '� P-`+-_ 'fid l Y J ..•Y'3"w`
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Ni at�YlYI.1..'h: _ ..'?. f �. .-.,.'�.-x5`, •_.ii ..P,. 'xT.�: I.Y-d ..v .:� �Si l
P/C Review Date: 11/02/94
CONDITIONAL USE PERMIT 009-94
ROBIN G. DASSLER
DOG KENNEL
LOCATION: From Northwestern Pike (Route 50 W), proceed eight miles
past Winchester Medical Center. This site is below the
North Mountain Truck Stop on the northeast side of
Northwestern Pike and located on the same parcel as the
Barn Company.
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 28-A-155
PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas)
Land use - residential
ADJOINING PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas)
Land use - residential
PROPOSED USE: Dog Kennel
REVIEW EVALUATIONS:
Virginia Department of Transportation: No objections to a
conditional use permit being issued for a private dog kennel at
this location. VDOT minimum sight distance requirements are met
to allow for construction of a commercial entrance.
Fire Marshall: (1) This occupancy would have no significant
impact on fire and rescue department resources. (2) If not
already in place, post street address numbering visible from
street. (3) Approved by faire/rescue department.
Inspections Department: Building shall comply with Virginia
Uniform Statewide Building Code and Section 304, Use Group B
(Business) of the BOCA National Building Code/1993. Other codes
that apply are title 24 Code of Federal Regulation, Part 36
Page 2
Nondiscrimination on the Basis of Disability by Public
Accommodations and in Commercial Facilities. Permit required,
change of use on existing building.
Health Department: See attached letter dated September 13, 1994
Planning Department: Dog kennels are permitted in he RA zoning
district with an approved conditional use permit. Appli nt has
%1 advised that he kennel will be used only for sin and
I br that e o o er. There is no boarding o
dogs not owned by is site is well screen rom
e a an t o s 1 chance of any residence in this
area being impacted by this use. The closest residence is
approximately 200 yards from the area where the dogs will be
housed.
STAFF RECOMMENDATION FOR NOVEMBER 2, 1994 PC MEETING: Approval with
the following conditions:
1. All review agency comments must be complied with at all
times.
2. Change of use or expansion of facilities to accommodate
this use will require a new conditional use permit.
3. All associated materials and supplies shall be stored
inside.
4. All requirements of the Frederick County Code and the Code
of Virginia pertaining to dog kennels must be complied with
at all times.
Lord Fairfax Environmental Health District
800 Smithfield Avenue
4s_ P. o. Box 2056
Winchester Virginia 22604
?� (703) 722-3480 FAX (703) 722-3479
Counties of. Clarke, Frederick, Page, Shenandoah, Warren, and Citv of Winchester
September 13, 1994
Mrs. Robin Dassler
5886 Northwestern Pike
Gore, Va. 22.637
Re: Request for Conditional Use Comments; Tax Map * 28-A-155
Proposed dog kennel for breeding dogs
Dear Mrs. Dassler,
The health department has no objection to your proposed dog kennel as long as
the following requirements are met:
1) Approval for disposal of dog wastes or any other wastes produced by the
proposed operation must be obtained from the either the Department of
Environmental Quality for a discharging system or the Environmental Protection
Agency for an injection well or drainfield type disposal system.
2) The existing sewage disposal system which serves the "original" house shown
on your site plan is not an approved system. This septic system should not be
used. You would have to agree to use the bathroom facilities at your present
residence which is about 600 feet away. Such facilitees should not be available
to clients or the public.
3) No additional employees are to be involved in the operation.
Please contact me with any questions about this letter.
Sincerely,
Doug Dailey,
Environmental. Health Specialist Senior
DD/DD
s VIRGINIA
DEPARTA4ENT
OF HEAUH
PrtMtY Ii T You and Y— 6rvinrrrf
COMMONWEALTH ®f VIRGINIA
DEPARTMENT OF ENVIRONMENTAL QUALITY
Peter W. Schmidt
Director R. Bradley Chewning
116 N. Main Street Regional Director
P. O- Box 268
Bridgewater, Virginia 22812
(703) 828-2595
September 23, 1994
Mr. Pete Dassler
5886 Northwestern Pike
Gore, Virginia 22637
Re: Frederick County (General), Proposed Dog Kennel Operation
Dear Mr. Dassler:
As a follow-up to our telephone conversation of September 15, 1994,
under current State Water Quality regulations, the Department of
Environmental Quality does not require permits for dog kennel operations
in cases where, (1) the number of animals confined for 45 days or more
is less than 300 animal units (300 animals with an average weight of
1,000 pounds), and (2) the wastes from the operation are properly
managed so that there is no adverse impact to water quality.
Based on our conversation, it is our understanding that you are
planning to construct a kennel to house 10-12 Pomeranians and that you
will be utilizing a dry system to manage waste from -this operation. As
we discussed, since you are not planning to utilize liquid waste holding
facilities, it does not appear that we will need to review your proposed
operation at this time.
If, in the future, you decide to expand your operation or move to a
liquid waste management system however, we do ask that you contact us
immediately. Under current State Water Control Law, any facility
proposing to construct wastewater management facilities is required to
submit plans and specifications to this office for review and approval
prior to construction.
We appreciate the opportunity to review your proposal. Please do
not hesitate to call me if you have any questions.
Sincerely,
Sharon G. Foley,
cc: DEQ - File Regulatory Services Engineer
Submittal Deadline
P/C Meeting
BOS Meeting
APPLICATION FOR CONDITIONAL USE PERMIT
FREDERICK COUNTY, VIRGINIA
i. Applicant ('fne applicant if the owner other)
NAME:
ADDRESS: 5 '��1. �l �I, }�r-,) ViA
TELEPHONE -q o
2. Please list all owners, occupants, or parties in interest of
the property:
eA f (>- e r
ab, N Com- -�c- r
3. The property is located at: (please give exact directions and
include the route number of your road or street)
E r ;vimiLl`� �' t tC i�. 1�1 b 1-I i'�', C w�� r, i rU1`' I-/
4. The property has a road frontage of % ;.feet and a
depth of /�.z .17 /CY-� feet and consists 'af
,, acres.
(Please beiexact)
5. The property is owned by `/� as
evidenced by deed from rL/ ,- f ;�I �; recorded
(previous owner)
in deed book no.5� on page ' , , as recorded in the
records of the Clerk of the Circuit Court, County of
Frederick.
6. 14 -Digit Property Identification No.
Magisterial District h',�,,,,,.{h{:�,
Current Zoning
7. Adjoining Property:
USE
North;
East
South
West
8. The type of use proposed is (consult with the Planning Dept.
before completing)
9. It is proposed that the following buildings will be
constructed: NLy-,__--
10. The following are all of the individuals, firms, or
corporations owning property adjacent to both sides, rear and
in front of (also across street from) the property where
requested use will be conducted. (Continue on back if
necessary.) These people will be notified by mail of this
application: (PLEASE LIST COMPLETE 14 -DIGIT NUMBER.
NAME
NAME
0.
r;
Address
Property ID#
Address
Property ID#
��= i r
Address
Property ID# ,
2
- ) > > i r
Address
Property ID#
Address
Property ID#
Address
Property ID#
0.
r;
12. Additional comments, if any:
I (we), the undersigned, do hereby respectfully make application
and petition the governing body of Frederick County, Virginia to
allow the use described in this application. I understand that the
sign issued to me when this application is submitted must be placed
at the front property line at least seven (7) days prior to the
first public hearing and maintained so as to be visible until after
the Board of Supervisors' public hearing. Your application for a
Conditional Use Permit authorizes any member of the Frederick
County Planning Commission, Board of Supervisors or Planning and
Development Department to inspect your property where the proposed
use will be conducted.
Signature of Applicant
Signature of Owner
Owners' Mailing Address j S SL 0 C-) .� t +' l c.� - -a Q(, .
Owners' Telephone No. _3 1
TO BE COMPLETED BY ZONING ADMINISTRATOR:
USE CODE:
RENEWAL DATE:
Location Mop for PIN; 28—A-155
Robin G. Dossier
P/C Review Date: 11/02/94�� Gl
J
CONDITIONAL USE PERMIT 011-94 Q d
JOSEPH EDMISTON
DOG KENNEL
LOCATION: Northwestern Pike (Route
Road (Route 803), proceed
just before the railroad
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 52-A-232
�10K
50 W) , turn leion Round Hill
1/2 mile. The house is on right
tracks. v(
�QI
PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas)
Land use - residential
ADJOINING PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas),
Land use - residential
PROPOSED USE: Dog Kennel
REVIEW EVALUATIONS:
Virginia Deuartment of Transportation: No objection to a
conditional use permit for this property. Prior to operation of
business, the existing private entrance must be modified
/upgraded to meet minimum commercial design standards.
Vegetation to the east must be cut and maintained to obtain
minimum sight distance. Any work performed on VDOT right-of-way
must be covered under a land use permit.
Fire Marshall: Approval of this C.U.P. will have no significant
impact on Fire & Rescue resources.
Inspections Department: Fences shall comply with Virginia
Uniform Statewide Building Code and Section 312 Use Group U
(Utility) of the BOCA National Building Code/1993. Permit shall
only be required on fences that exceed 6' in height.
Page 2
Health Department: See attached letter dated September 16, 1994
Planning Department: Dog kennels are permitted in the RA zoning
district with an approved conditional use permit. The Edmistons
established their kennel without getting the required permit.
They are now coming forward with their request as a result of
complaints about the noise generated by their kennel. Their
property fronts on Round Hill Road and there are residences on
the other three sides of their property. In item 7 of their
application form they clearly indicate that the adjoining
properties at all point of the compass are residential uses.
Although they indicate in item 12 of their application that
they have constructed a privacy fence around the kennel area, a
visit there on October 19, 1994 revealed that the fence is less
than half completed. It is hard to believe that a privacy fence
will have much impact on generated noise. The 20' X 30' fenced
concrete slab that has been constructed for the kennel area, has
a chain link fence around it and is covered with a plastic
cover. Mr. Edmiston advised me on October 19 that he intended
to put a building around this to house the dogs. This cannot be
done without considerable difficulty because of the base
construction and the building would be in violation of required
setbacks. His idea of keeping the dogs in the garage is
probably not a reasonable option for several reasons. The
garage is not ventilated, it does not have heat or air
conditioning and to keep dogs penned in there as a noise
abatement technique would probably become an untenable
situation. Allowing this kennel will definitely have a
significant impact on this neighborhood and should not be
allowed.
STAFF RECOMMENDATION FOR NOVEMBER 2, 1994 PC MEETING: Denial with the
stipulation that the applicant remove the kennel operation from his
property within 30 days.
Lord ' it ax v ron ent,ai Health District
800 Smithfield Avenue
r P. 0. Box 2056
Winchester, Virginia 2-2604
(703) 722-3480 FAX (703) 722-3479
Counties of Clarke, Frederick, Page, Shenandoah, Warren, and Citv of Winchester
September 16, 1994
Mr. Joe Ediston
473 Round Hill Rd.
Winchester, Va. 22602
Re: Request for Conditional Use Comments; Dog Kennel; TM# 52-A-32-
Dear
2-A-32
Dear Mr. Edmiston,
On September 14, 1994, I visited your property in response to your request. Your
septic system, approved under health department identification number SD -90-
55, appeared to be functioning properly at that time. It appears that the
existing kennel was constructed on part of the upper absorption ditch of your
low pressure system. Although placement of structures over drainfields is
prohibited in Section 4.5 E,1 of the Sewaqe Handling and Disposal Regulations
(copy attached), I do not feel that your system will be seriously affected.
Relocation of the kennel could possibly damage the system.
As to the disposal of dog waste, the health department has no authority over such
waste because it is classified as industrial waste. The Department of
Environmental Quality (703) 826-2595 or the Environmental Protection Agency
(800)426-479; are the appropriate agencies to contact concerning approved methods
for disposal of such waste.
All drainage from the kennel should be diverted away from the drainfield.
The kennel, if approved, should be operated so that no public nuisance due to
odor or noise is created, particularly since there is an existing residence about
70 feet from the kennel.
Please contact me with any questions in r,ct-jri to t`r- abovc.
Sincerely,
utt
Douq Dailey
Environmental Health Specialist Senior
Enclosure
DD/DD
VDVIRGINIA
WARTLF HEALI {NT
N,4#Y f Yiw .rd Y,w 1—irrrrr t
Submittal Deadline
P/C Meeting
BOS Meeting
APPLICATION FOR CONDITIONAL USE PERMIT
FREDERICK COUNTY, VIRGINIA
1. Applicant (The applicant if the ,/ owner
NAME: 4h .
t
other)
ADDRESS: Z- 77 �;v r±� �/ f l �� : �;� ^ (. E�� �C. f 7
TELEPHONE
2. Please list all owners, occupants, or parties in interest of
the property:
3. The property is located at: (please give exact directions and
include the route number of your road or street)
74
r ,
r"
4. The property has,, a road frontage of feet and a
depth of feet and consists of ,, ,f'7_ acres.
(Please be exact)
5. The property is owned b ..X?"�'L �r�.%l"��' ,7%, as
evidenced by deed from recorded
(pre i us owner)
in deed book no. '��L ona e
p gam, as recorded in the
records of the Clerk of the Circuit Court, County of
Frederick.
6. 14 -Digit Property Identification No.
Magisterial District _
Current Zoning X,
7. Adjoining Property:
North
USE ZONING
���
w
East_
South
West
r•
8. The type of use proposed is (consult with the Planning Dept.
before completing) v�'% �'^�;; — v�;;• !'.�;:- �,�' �' 4.:-� �_;' ��.
9. It is proposed that the following builldings*will be /?
constructed:
10. The following are all of the individuals, firms, or
corporations owning property adjacent to both sides, rear and
in front of (also across street from) the property where
requested use will be conducted. (Continue on back if
necessary.) These people will be notified by mail of this
application: (PLEASE LIST COMPLETE 14 -DIGIT NUMBER.)
NAME
Address
Property
ID#
Address
Property
ID#
Address
Property
ID# <I-
1r L 7I
Address
r
Property
ID# r
"
Address
Property
ID# <7_ , - --
}
Address
I I J'
Property
ID#
NAME
riuui e55
Property
ID#
Address
Property
ID#
Address
Property
ID#
Address
Property
ID#
Address
Property
ID#
raa___ __
11. Please use this page for your sketch of the property. Show
proposed and/or existing structures on the property, including
measurements to all property lines -
v� �
11 f e;l 1
12. Additional
comments, if any:
t
y
l
I• / �
,x]17 �y
/'] /
s
I (we), the undersigned, do hereby respectfully make application
and petition the governing body of Frederick County, Virginia to
allow the use described in this application. I understand that the
___.sign issued to me when .this application .is submitted must be placed
at the front property line at least seven (7) -days prior- to the
first public hearing and maintained so as to be visible until after
the Board of Supervisors' public hearing. Your application for a
Conditional Use Permit authorizes any member of the Frederick
County Planning Commission, Board of Supervisors or Planning and
Development Department to inspect your property where the proposed
use will be conducted.
Signature of Applicant % /J".
Signature of Owner
Owners' Mailing Address j-'�,`� �C f/ `/• �-
Owners' Telephone No. ;7 .�
TO BE COMPLETED BY ZONING ADMINISTRATOR:
USE CODE:
RENEWAL DATE:
30 52
9\
22,9 Al
228A
7/7
250
8 1 228 271-315 \ /
- �.
los s 215 249
201, v Og ` 2 \ 248 d-
247
N N 214 CN 24,3 N 243 242A �57 \
�CO N ROun 246 Hill �D
Roo
237\w u)`V ry N 240 241
234 0 \�\CAD
1 n7 \ 235 �
HILL CREST
Scd e in Feet
0 300 600 900
P/C reviewdate : 1}1_/-0.2 /
% /REZOX
(�
`' FRED
\I
To RP Fr
APPLICATION #007-94
ICA MALL LAND TRUST
Rezone 3 Acres
RA (Rural Areas)
sidential Performance)
LOCATION: Just West oGreenwood Road
Senseny adf (Route 657).
Shawnee
PROPERTY ID NUMBER: 54 -A -125A
PROPERTY ZONING & PRESENT USE: Zon
vacant
656) and South of
V� V /
6p(
�� s cRA (Rural Areas); preseiuse: ¢
s+vrlrk* - 1'ttESE T I— RP (Residential
Performance), RA (Rural Areas) and B-1
( siness, Limited) Zoning,
with residential, commercial, agricultural, and vacant land use.
PROPOSED USE: residential subdivision
REVIEW EVALUATIONS:
Virginia Dept. of Trans ortation: See attached comments dated
09/28/94.
Fire Marshal: (1) Proffers to fire and rescue for capitol
costs have been calculated and are addressed. (2) Burning of
construction debris on site is prohibited, please advise
applicant. (3) At time construction begins, post temporary
street names and street addresses.
Fire & Rescue Suuad• Note to follow previous input as to
proffer information and location of intersection for best
access. Proposed fire hydrant locations rely on the use of a
hydrant on Senseny Road opposite from the subdivision, to
service the lots near the main entrance. Traffic volume on
Senseny Road is too heavy to justify closing the road to run
hose 'Lines into the proposed subdivision from this fire
hydrant. We would recommend either an additional hydrant at
lot 1, or respacing of the two hydrants shown to provide full
hydrant coverage from within the subdivision.
County Attorney: Proffers need to be made by "OWNER". Cash
needs to be for specific purpose not just to County.
County Engineer: We have no objection to the proposed
rezoning. A detailed review will be made at the time of the
subdivision submittal. In particular, this area has
experienced numerous drainage problems. Therefore, stormwater
management will be a critical issue during the subdivision
design process.
Sanitation Authority: Water & sewer are available.
Parks and Recreation: Based on 30 lots, the proposed proffer
for Parks and Recreation appears to address the impact of the
development as outlined in the county impact model.
PLANNING:
Location: The property to be rezoned is located within the
Urban Development Area. The property adjoins RP (Residential
Performance) land on the south side and adjoins the Giles
property to the east which the Commission recommended for RP
zoning at your meeting in August. The property is also across
from the Country Park Plaza, which is zoned B-2 (Business
General).
Site Suitability: The site is relatively level and open with
no woodland area or other environmentally sensitive features
apparent. Sewer and water are available at the site.
Potential Impacts: The ITE trip generation manual forecasts
ten trips per day for single family housing. The applicant
has proffered no more than ten single family houses would be
built on the parcel, therefore only a very small increase over
the existing traffic on this segment of Senseny Road would be
expected as a result of the proposed rezoning. The 1993 count
for Senseny Road from the City limit to Greenwood Road (Route
656) was 8,027 average daily trips.
The applicant has also proffered that the property would be
developed in conjunction with the adjoining Giles property.
(The Giles parcel consists of 16 acres and is pending rezoning
approval from the Board of Supervisors after receiving a
favorable recommendation from the Commission.) The applicant
has also proffered $3,169.00 per unit, payable at the time of
issuance of building permits. This amount corresponds to the
projected fiscal impacts for schools, parks and recreation,
and the unfunded portion of fire and rescue costs according to
the County's impact model.
STAFF RECOMMENDATIONS FOR 11/02194 PC MEETING: Given the location
of the parcel within the UDA and adjacent existing and proposed RP
zoning, along with the applicants proffered limit on the number of
units and monetary contribution to the general fund, the staff
recommends approval of the request.
COMMONWEALTH Of VIRGINIA
DEPARTMENT OF TRANSPORTATION
P. O. BOX 278
RAY D. PETHTEL EDINBURG, 22824
COMMISSIONER
VDOT COMMENTS TO REQUEST
FOR REZONING - SARATOGA MEADOWS
09/28/94
WILLIAM H. BUSHMAN
RESIDENT ENGINEER
TELE(703)984-5600
FAX (703)984-5607
No objections to the rezoning of this property. If developed in conjunction with the adjacent Giles
Property, we strongly recommend the site access road be located opposite existing Route 1243
(Country Park Drive). This could reduce possible turning movement problems.
Prior to development this office will require a complete set of site plans, drainage calculations, and
traffic flow data from the L T.E. Hainan, 41h & ition for review. Any work performed on the State's
right-of-way must be covered under a land use permit.
VDOT Signature and Date:
xc: Mr. Steve A. Melnikoff
TRANSPORTATION FOR THE 21 ST CENTURY
09/28/94
Please consider the following comments when reviewing this
Request for Master Development Plan:
The Developer should be familiar with and be required to
comply with the provisions of the Frederick County Airport Zoning
District (AP -1) and Airport Support Area (ASA) described in the
Frederick County Comprehensive Policy Plan. The developer should
also be familiar with the provisions and requirements of the
following codes:
Title 15.1 Code of Virginia, Section 489 (Purpose of Zoning
Ordinances) and Section 491.02 (Airport Safety Zoning).
Title 5.1-25.1 Code of Virginia (Permits Required for Erection of
Certain structures.)
As Winchester Regional Airport expands services and
operations, noise associated with such expansion is very likely
to increase. The Airport Support Area established by the
Frederick County Comprehensive Policy Plan is designed to
discourage residential development in the vicinity of the airport
to preclude citizen concerns for noise created by aircraft
operating on, to and from Winchester Regional Airport.
If the developer is planning residential development
adjacent to the ASA or under a flight path used regularly by
aircraft outside of the ASA as they arrive or depart the Airport,
he should be either required or encouraged to insulate all
habitable structures for noise and be required to specifically
address, in the property Covenants and Easements, existing
airport related noise and the probability of increased noise as
airport operations expand.
AMENDMENT
FREDERICK COUNTY ZONING ORDINANCE
Planning Commission November 2, 1994
Board of Supervisors
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
#007-94 of FREDERICK MALL LAND TRUST
WHEREAS, Rezoning application #007-94 of Frederick Mall to rezone three acres, located just
West of Greenwood Road (Route 656) and South of Senseny Road (Route 657), in the Shawnee
District, and designated by PIN 54 -A -125A, from RA (Rural Areas) to RP (Residential
Performance); and,
WHEREAS, the Planning Commission held a public hearing on this application on November
2, 1994; and,
WHEREAS, the Board of Supervisors held a public hearing on this application on
, 1994; and,
WHEREAS, the Frederick County Board of Supervisors finds this rezoning to be in the best
interest of the public health, safety, welfare, convenience, and in good zoning practice;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors,
That Chapter 165 of the Frederick County Code, Zoning Ordinance, is amended to revise the
Zoning District Map to change three acres, designated as PIN #54 -A -125A, from RA (Rural
Areas) to RP (Residential Performance) as described by the application and plat submitted,
subject to the following conditions voluntarily proffered in writing by the applicant and
property owner:
REZONING REQUEST PROFFER
Re: June L. Shreck Property
June L. Shreck - Owner
Frederick Mall Land Trust - Applicant
Rezoning Case No.
The undersigned Applicant, who also holds a contract to
purchase the above described property from June L. Shreck, hereby
voluntarily proffers that if the Board of Supervisors for the
County of Frederick, Virginia approves the rezoning of the 3 Acre
tract, more or less, lying just West of Greenwood Road (Route
656) on the South side of Senseny Road (Route 657) in Shawnee
Magisterial District of Frederick County, Virginia) from RA to
RP, the Applicant will pay to Frederick County, at the time a
building permit is issued for each lot, the sum of Three Thousand
One Hundred Forty-two Dollars ($3,142.00) (for Parks and
Recreation. Department, Schools, Fire and Rescue Department and as
otherwise directed by the County) plus Twenty-seven Dollars
($27.00) for the Rescue Squad. In essence, the sum of Three
Thousand One Hundred Sixty-nine Dollars ($3,169.00) will be paid
at the time a building permit is issued for each lot.
In addition, the rezoned property will be subdivided in
conjunction with the adjacent John Henry Giles property and the
two properties together shall not be subdivided into more than
forty-two (42) lots and there shall not be constructed thereon
more than forty-two (42) single family detached houses and no
apartments, duplexes or other multi -family buildings shall be
constructed on the property. It is anticipated that there will
be approximately ten (10) lots on the Shreck property.
The conditions proffered above shall be binding upon the
heirs, executors, administrators, assigns and successors in
interest of the Applicant and Owner. In the event the Frederick
County Board of Supervisors grant said rezoning and accepts these
conditions, the proffered conditions shall apply to the land
rezoned in addition to other requirements set forth in the
Frederick County Code.
Respectfully submitted,
FREDERICK MALL LAND TRUST
- Applicant,
By L--- �`v--
James T. Anderso
,L> ,
f ,
June L. Shreck - Owner
-c" _
.S'.
This resolution was approved by the following recorded vote:
Richard G. Dick
W. Harrington Smith, Jr.
Charles W. Orndoff, Sr.
Jimmie K. Ellington
James J. Longerbeam
Robert A Sager
This ordinance shall be in effect upon its passage.
Passed this _th day of 1994.
A Copy Attest
John R. Riley, Jr.
Frederick County Administrator
IMPACT STUDY
RE: Rezoning of property owned by June L. Shreck - 3 Acres
The applicant relies upon the impact study already filed for
the rezoning of the adjacent 16 acre property owned by Giles.
Adding the Shreck property to the development of the Giles property
will result in 5 additional lots plus the existing house lot owned
by Mrs. Shreck. This additional 3 acres should not materially
affect the impact analysis submitted with the rezoning of the Giles
tract.
REZONING APPLICATION FORM
FREDERICK COUNTY, VIRGINIA
To be completed by Planning Staff.
�� L
Zoning Amendment Number -9 I Date Received
BOS Hearing Date PC Hearing Date E
The following information shall be provided by the applicant_
All parcel identification numbers, deed book and page numbers may be obtained from the Office of the
Commissioner of Revenue, Real Estate Division, 23 Court Square, Winchester.
1. Applicant:
Name: Frederick Mall Land Trust
Address: P. 0. Box 368
Winchester, Virginia 22604
Telephone: 703-667 - 7293
2. Representative:
Name: James T. Anderson
Telephone: 703 - 667 - 7293
3. Owner:
Name: June L. Shreck
Address: 1810 Senseny Road
Winchester, Virginia 22602
Telephone: 703 - 662 - 3769
12
The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning
applications.
Please list below all owners or parties in interest of the land to be rezoned:
4. Zoning Change: It is requested that the zoning of the property be changed
from RA to RP
5. Current Use of the Property:
Residential
6. Adjoining Property:
PARCEL ID NUMBER
55 A 195
64 A 120
55 A 194
54 A 125
55D 2 39A, 40A
USE
Agriculture
Agriculture
Commercial
Residential
Open Spaces
7. Location: The property is located at (give enact location based on nearest road and distance from
nearest intersection, using road names and route numbers):
Just West of Greenwood Road (Route 656) on the South side of
Senseny Road (Route 657)
13
8. Parcel Identification:
14 Digit Tax Parcel Number: 54 A 125A
9. Magisterial District: Shawnee
10. Property Dimensions: The dimensions of the property to be rezoned.
Total Area:
Acres
The area of each portion to be rezoned to a different zoning district category should be noted:
Acres Rezoned from to
Acres Rezoned from to
Acres Rezoned from to
Acres Rezoned from to
11. Deed Reference: The ownership of the property is referenced by the following deed:
Conveyed from: Lawrence L. Shreck
WILL
K30R&Book Number k8 Pages 241
12. Proposed Use: It is proposed that the property will be put to the following uses.
Division into residential lots
13. Checklist: Check the following items that have been included with this application.
Location map /<
Plat ]c
Deed to property X
Statement verifying taxes paid _/
Agency Comments _
Fees A
Impact Analysis Statement A
Proffer Statement X
14
14. Signature:
I (we), the undersigned, do hereby respectfully make application and petition the Frederick
County Board of Supervisors to amend the zoning ordinance and to change the zoning map of
Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for
site inspection purposes.
I (we) understand that the sign issued to me (us) when this application is submitted must be placed
at the front property line at least seven days prior to the Planning Commission public hearing and
the Board of Supervisors public hearing and maintained so as to be visible from the road
right-of-way until the hearing.
I (we) hereby certify that this application and its accompanying materials are true and accurate to
the best of my (our) knowledge.
Applicant:
Owner:.
Date:
15
INFORMATION TO BE SUBMITTED FOR CAPITAL FACILITIES IMPACT MODEL
In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to
provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use
the maximum possible density or intensity scenario for the proposed Zoning District as described on Page
8 of the application package.
The following information should be provided regardless of the type of rezoning:
Fire Service District:
Greenwood
Rescue Service District:
Greenwood
Total Proposed Non -Residential Lots/Buildings:
0
The following information should be provided with any residential rezoning:
Elementary School District:
Senseny Road Elementary School
Middle School District:
James Wood Middle School
High School District:
James Wood High School - Ridge Campus
Number of Single Family Dwellings Proposed:
8
Number of Townhouse Dwellings Proposed:
0
Number of Multi -Family Dwellings Proposed:
Number of Mobile Home Units Proposed:
0
The following information should be provided
with any commercial/industrial rezoning or with a
residential/commercial (P.U.D.) rezoning:
Not Applicable
Gross Office Square Footage:
Retail Square Footage:
Restaurant Square Footage:
Service Station Square Footage:
Manufacturing Square Footage:
Warehouse Square Footage:
Hotel Rooms:
1ne
ADJOINING PROPERTY OWNERS
Owners of property adjoining the land proposed to be rezoned will be notified of the public hearing. For
the purposes of this application, adjoining property is any property abutting the requested property or any
property directly across a road from the requested property. The applicant is required to obtain the
following information on each adjoining property including the 14 -digit property identification number
which may be obtained from the Office of the Commissioner of Revenue, Real Estate Department.
I[Narne
Address and Property Identification
1. Jay L. Alwine
Lynnette C. Alwine
Address: 1630 Senseny Road
Winchester, Virginia 22602
Property ID: 54 A 125
Thomas C. Glass
Address: 847 Lake St. Clair Drive
Winchester, Virginia 22603
Property ID: 55 A 194
3• John Henry Giles
Address: 381 Mitchell Avenue
Elmhurst, Illinois 60126
Property ID: 55 A 195
Country Park Homeowners
Address: 101 Country Pakk Drive
Association
Winchester, Virginia 22602
Property ID: 55D 2 39A &. 55D 2 40A
5. Sandra Anne Carper Ambrose
Address: 1690 Senseny Road
Winchester, Virginia 22602
Property ID: 64 A 120
6.
Address:
Property ID:
17
Location
Map
for
PIN; 54—A -125A
Frederick
Mall
Landtrust Rezoning
#007-94
P /,C r
te: 11/02/94
REZONING APPLICATION #008-94
JAMES CARROLL
To Rezone 2.81 Acres
From RP (Residential Performance
To B2 (Business General)
LQCATIQN: From Interstate 81 approximately .75 miles east of the
City of Winchester, turn left onto Custer Avenue, property is
located at the intersection of Custer Avenue and Pembridge Road.
GISTERIAL DISTRICT: Shawnee
64A -4-20A
present use:
Zoned RP (Residential Performance);
ADJOINING PROPERTY ZONING & PRESENT USE: RP (Residential
Performance), present use: residential and vacant
PROPOSED USE: Business and Commercial
REVIEW EVALUATIONS:
Virginia De t. of Trans ortation: See attached comments dated
09/28/94.
Fire Marshal: Hydrants must all be on designated fire lane.
(1) Will address specific fire department issues on site plan.
(2) Applicant should address fire and rescue impacts based on
County's computer model available from Planning Department
staff.
County Engineer: We have no comments at this time. However,
we reserve the right to perform a detailed review at the time
of a site plan submittal.
County Attorne : No comment.
PLANNING
Location The parcel is located within the Urban Development
Area, in close proximity to an interstate interchange. The
future land use map within the recently completed report on
Frederick County business corridors shows this area of Route
50 as being a business/office use. B-2 zoning would not be
out of line with this categorization.
Site Suitability: The parcel is relatively level with no steep
slopes or other environmentally sensitive features as defined
by the County's Zoning Ordinance.
Sewer and water are available to the parcel.
Potential Impacts: Impacts from the proposed rezoning would
not differ greatly from those that would be expected from
development under the current RP zoning of the property. The
traffic generated under B-2 zoning would be expected to be
greater than under RP, however, the difference as a percentage
of existing traffic would not be significant.
The applicant has proffered that there would be no entrance on
Etnam Drive and there would be a total of no more than five
entrances to the site. The applicant has not eliminated any
of the uses allowed under B-2 zoning.
The County's impact model forecasts a net fiscal gain to the
County with the exception of a cost for the unfunded portion
of fire and rescue services which is forecasted at $1,947.25.
This amount is contrary to the applicant's impact statement
which forecasts the cost at $757.00. This difference appears
to be in part a result of the applicant generating a per acre
cost rather than a total for the entire 2.8 acres.
The cost for fire and rescue services under the current RP
(Residential Performance) zoning as forecasted by the model is
$648.80, with the cost difference being $1,298.45. The
applicant has not proffered a contribution to cover this cost.
Conclusion: The proposed zoning conforms to the proposed
future land use map developed by the Comprehensive Plans and
Programs Committee and proposed for adoption as a part of the
County's Comprehensive Plan. The County's impact model,
however, projects a cost to fire and rescue services which has
not been offset by the application.
STAFF RECOMMENDATIONS FOR 11/02/94 PC MEETING: Denial, based on the
cost impacts to Fire & Rescue of the proposed zoning.
COMMONWEALTH of 'VIRGINIA
DEPARTMENT OF TRANSPORTATION
P. O. BOX 278
RAY D. PETHTEL EDINBURG, 22824
COMMISSIONER
WILLIAM H. BUSHMAN
RESIDENT ENGINEER
TELE 1703)984-5600
FAX(703)984-5607
VDOT COMMENTS TO REQUEST
FOR REZONING - JAMES CARROLL PROPERTY
09/28/94
No objections to the rezoning of this property from RP to B-2.
Commercial development of this property along with further development of the Prince Frederick
Business Park on the south side of Route 50 could have a significant impact on the adjacent
Route 50/781 intersection. Intersection improvements and possible signalization may be required to
accommodate additional traffic. The upgrading of Route 781 from Route 50 may also be necessary.
Prior to development a complete set of site plans which detail entrance designs, drainage
improvements and trip generation from the T T.E. Marntal, 41h Edrlroti will be required for review.
A storm water system will need to be provided to accommodate the existing drainage outfall ditch
and easement which crosses the property.
Any work performed on VDOT right-of-way must be covered under a land use permit.
VDOT Signature and Date:-'• �• �"`��'���"
xc: Mr. S. A. Melnikoff
Mr. J. B. Diamond (FYI)
TRANSPORTATION FOR THE 21 ST CENTURY
09/28/94
AMENDMENT
FREDERICK COUNTY ZONING ORDINANCE
Planning Commission November 2, 1994
Board of Supervisors
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
#008-94 of JAMES T. CARROLL
WHEREAS, Rezoning application #008-94 of James T. Carroll to rezone 2.81 acres, located
at the intersection of Custer Avenue and Pembridge Road, in the Shawnee District, and
designated by PIN 64A -4-20A, from RP (Residential Performance) to B2 (Business General);
and,
WHEREAS, the Planning Commission held a public hearing on this application on November
2, 1994; and,
WHEREAS, the Board of Supervisors held a public hearing on this application on
, 1994; and,
WHEREAS, the Frederick County Board of Supervisors finds this rezoning to be in the best
interest of the public health, safety, welfare, convenience, and in good zoning practice;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors,
That Chapter 165 of the Frederick County Code, Zoning Ordinance, is amended to revise the
Zoning District Map to change 2.81 acres, designated as PIN #64A -4-20A, from RP (Residential
Performance) to B2 (Business General) as described by the application and plat submitted,
subject to the following conditions voluntarily proffered in writing by the applicant and
property owner:
PROS
CARROLL REZONING REQUEST
CASE NO.
I, the undersigned sole owner of land to be rezoned the
above rezoning request and the applicant for said rezoning,
hereby voluntarily proffer the following conditions. The
conditions proffered shall be binding upon the heirs,
executors, administrators, assigns and successors in interest
of the undersigned. In the event the Frederick County Board of
Supervisors grants said rezoning and accepts these conditions,
the following proffered conditions shall apply to the land
rezoned in addition to other requirements set forth in the
Frederick County Code:
1. There will be no entrance to the property on
Etnam Street.
2. There will be a total of no more than five (S)
entrances for the property.
JAMES H. CARROLL
Gilbert W. Clifford and Associates
200 N. Cameron Street 4. PROFFER STATEMENT
Winchester, Virginia, 22601
703-667-2139
This resolution was approved by the following recorded vote:
Richard G. Dick
W. Harrington Smith, Jr.
Charles W. Orndoff, Sr.
Jimmie K. Ellington
James J. Longerbeam
Robert M. Sager
This ordinance shall be in effect upon its passage.
Passed this _th day of 1994.
A Copy Attest
John R. Riley, Jr.
Frederick County Administrator
FREDERICK COUNTY, VIRGINIA
IMPACT ANALYSIS STATEMENT
FOR
REZONING REVIEW AND APPROVAL
OF THE
JAMES H. CARROLL
PROPERTY
Shawnee Magisterial District
AUGUST 1, 1994
gilbert w. cli f ford & associates, inc.
200 North Cameron Street • Winchester, Virginia 22601
703-667-2139 • Fax: 703-665-0493
ACTANALYSIS STATEMENT
REZONING APPROVAL REQUEST
JAMES H. CARROL L PROPERTY
AUGUST 1994
IMPACT ANALYSIS STATEMENT
TABLE OF CONTENTS
L
SUMMARY
IL
INTRODUCTION
3
III.
PLANNING ANALYSIS
3
4
• Site Suitability
• Adjoining Properties
• Zoning Review
IV.
TRAFFIC
V.
SEWAGE
5
VI.
WATER
6
VII.
DRAINAGE
6
VIII.
SOLID WASTE
7
UC
HISTORIC SITES
7
X.
COMMUNITY FACILITIES
8
8
• Education
• Emergency Services
• Parks and Recreation
• Other
XI,
ENVIRONMENT
XII.
FISCAL
9
XIII.
OTHER
9
9
APPENDIX 10
IMPACT ANALYSIS STATEMENT
for
James H. Carroll Property
I. Summary
ACTANALYSIS STATEMENT
REZONING APPROVAL REQUEST
JAMES H. CARROLL PROPERTY
AUGUST 1994
The firm of Gilbert W. Clifford & Associates, Inc. has been commissioned to
evaluate the above referenced project in light of several major planning issues,
as outlined and required by the Frederick County Board of Supervisors. This
document is prepared in support of and in preparation to rezone the referenced
property from present Residential Performance (RP) to General Business (B-2).
The property is suited for General Business (B-2) zoning. There is a positive
fiscal impact. Current zoning requirements allow for adequate measures to
provide for buffers and screens that would mitigate any negative impacts to the
surrounding neighborhood. Neighborhood traffic impacts have been
minimized with proffers limiting entrances.
lI Introduction
The 2.8132 acre property of James H. Carroll is located at the intersection of Route
781 and Pembridge Drive, just north of Route 50 and east, approximately .75
miles, of the City of Winchester corporate boundary at I-81. The property is
currently vacant and is divided by Pembridge Drive creating two parcels. Both
parcels are identified as tax parcel 64A -0004-0000-20A and are currently zoned
Residential Performance (RP).
General Business (B-2) zoning is planned for the property. The property is
located in the Urban Development Area is part of an interchange business area
and is part of a corridor area planned for future business. Preliminary site
development planning indicates that this site can support most General Business
(B-2) uses while providing adequate protection space for zoning buffer areas.
3
. .'ACT ANALYSIS STATEMENT
REZONING APPROVAL REQUEST
JAMES H. CARROLL PROPERTY
AUGUST 1994
III. Planning Analysis
Site Suitability - The property has no site specific development limiting factors.
The property appears well suited for General Business (B-2) zoning use
development based on site evaluation of soils, slopes, wetlands, ponds and lakes,
flood plains and other site suitability and environmental factors.
Soils - The soils are suitable for site development purposes. The USDA Soil Conservation
Soil Survey for Frederick County identifies the soils of the property on map sheet 36 as
Weikert- Berks channery silt loams.
Prime Agricultural Soils.- The property does not contain any prime agricultural soils as
identified by the Frederick County Comprehensive Plan.
Slopes - There are no steep slopes on this property. The topography is ideally suited for
General Business type development. Slopes generally range from 2% to 7% and elevations
range from 659 to 678 feet above sea level.
Wetlands - There are no wetlands on this property. The property is generally well drained
and has no low lying wet areas that wetland vegetation that indicates the presence of a
wetland area.
Ponds and Lakes - There are no ponds or lakes on the property.
Flood Plain - The property is not located within the 100 year HUD designated flood plain
as identified in the Frederick County Comprehensive Plan and panel map number 510063-
00115B of the United States department of Housing and Urban Development Flood
Boundary map.
Adjoining Properties - Development impact concerns are primarily north of the
property where single family residential houses are located across Etnam and
Pembridge Drives. The impacts of the General -Business (B-2) uses on the
surrounding residential uses is greatly reduced through existing zoning distance,
setback, buffer, landscaping and screening regulations. A 35' building setback is
required, and, in addition, a 50' distance buffer is required with a full screen. A
proffer is suggested that restricts entrances/driveways on Etnam Drive and limits
the total number of access points to five.
4
,.. .-iCTANALYSIS STATEMENT
HEZON/NG APPROVAL REQUEST
JAMES H. CARROLL PROPERTY
AUGUST 1994
The adjoining property to the north is single family residential detached urban
houses part of Pembridge Heights subdivision, zoned Residential Performance
(RP). To the east is vacant open land zoned Residential Performance (RP) and
currently undeveloped. To the south is State Route 781, and to the west is a mix
of older single family, detached residential houses and vacant lots.
Zoning Review - The property is currently zoned Residential Performance (RP)
allowing by right a variety of housing types. Approximately four to eighteen
homes are permitted depending on the type of housing planned. Front yard
setbacks, buffers, screens and parking would be required under the RP zoning
codes. Driveways for each house would be permitted throughout the property.
Under the General Business (B-2) zoning regulations a variety of office and
service uses are permitted. Approximately 12 to 15 % or about 18,000 square feet
of the site may be used for business structures, the remainder of the property
would be used for parking and required open areas such as buffers and storm
management. The B-2 floor area to lot ratio is 1.0. The minimum landscaped
area is 15% or about 18,000 square feet. The maximum height of any building is
35 feet. Required setbacks are 35 feet.
The impacts of the General -Business (B-2) uses on the surrounding residential
uses is greatly reduced through existing zoning distance, setback, buffer,
landscaping and screening regulations.
IV. Traffic Impacts
Traffic impacts are negligible for this property. Impacts of vehicular access and
turning movements on the residential area north of the property have been
removed with the proffer that eliminates all vehicular entrances on Etnam
Drive.
The estimated 16,500 square feet of retail floor space created by this property will
result in approximately 210 trips per weekday of traffic. based on ITE Trip
Generation figures. The subject project will not originate trips since trip
generation is a function of residential use. By removing the approximate 3 acres
of land from residential performance and considering 2.5 dwelling units per acre
density for single family, which is the adjacent use, the increase is only 125 trips
per day.
5
ACT ANALYSIS STATEMENT
REZONING APPROVAL REQUEST
JAMES H. CARROLL PROPERTY
AUGUST 1994
Most traffic would enter the site via Route 781 and Route 50. The site is ideally
suited for access at the junction between Pembridge Drive, State Route 781 and
U.S. Route 50. Most of the traffic using the site will use U.S. Route 50 and VA
Route 781. The increase on both these roads of 10 trips per hour is negligible.
V. Sewage Conveyance and Treatment Impacts
There are no sewage conveyance or treatment problems with this property.
The sewage from this property will connect with the regional interceptor system
at Route 50 and be pumped to the Opequon Regional Facility. Flows generated
from this complex are estimated by the State Health Department at 3300
(200gpd/1000SF) gallons per day with an instantaneous flow at peak of 6 gallons
per minute. All sewage conveyance systems involved have full capability to
handle this additional flow, as does the plant have the capability of treating and
discharging this flow in satisfactory manor.
It should be pointed out that by right, that 7 units of development available on
this property under current zoning would produce 3,000 gallons per day of
wastewater.
VI. Water Supply Impacts
There are no water supply or transmission problems for this property.
This property would connect to the existing 8" water supply system located in
Pembridge Heights. There are no known limitations in the water system which
would preclude the use of the property as shown. The property will utilize the
same amount of water as projected in sewage flow or 3300 gallons per day.
Fire protections measures such as the installation of fire hydrants will be
addressed at the site development planning stage. The installation of fire
protection hydrants poses no problems. The installation of fire hydrants on the
property will improve the fire protection means of the surrounding properties as
well.
.,-ACT ANALYSIS STATEMENT
REZONING APPROVAL REQUEST
JAMES H. CARROLL PROPERTY
AUGUST 1994
VII. Drainage Facility Impacts
Proper storm water management planning will result in minimal or no site
drainage impacts.
The development of commercial in lieu of residential will increase run off in
small amounts over that which would be created in residential use. It is
recommended that either suitable green space be allowed to reduce run off
amounts or that the increased run off would be reduced prior to discharge from
the site. In lieu of the above, additional storm water detention calculations
should be presented with final design which would show no adverse impacts
created by the imposition of this increase storm water on the existing
downstream water course.
Drainage flows generally toward State Route 781 and Route 50, crossing under
Route 50 to the south -side of the road. Predevelopment runoff rates will be
maintained using recognized storm water management standards.
VIII. Solid Waste Cost
There are no solid waste collection and disposal impacts.
Solid waste will be exported by contract hauler at no cost to the County. No
additional solid waste facilities will be required to handle the waste from this
property. Impacts to the County will be reduced with the planned B-2 rezoning.
Under the current RP zoning and assuming 7 housing units on the property, the
estimated cost of $1400.00 for solid waste disposal impacts is needed. The
planned B-2 zoning change would result in a reduction of impacts since there
would be no collection fees and since tipping fees are designed by the County to
cover the expenses of solid waste disposal.
7
. ACT ANALYSIS STATEMENT
REZONING APPROVAL REQUEST
JAMES H. CARROLL PROPERTY
AUGUST 1994
IX. Historic Impacts
This project will not involve the loss of any historic buildings, sites or artifacts
that are known.
The area has been significantly developed on all sides and no such findings of
historic importance has been identified. There are no structures currently
located on this property. A review of the National Register, the Virginia
Landmarks Register and The Frederick County Comprehensive Plan indicates
that there are no known historic structures or sites on this property.
X. Community Facilities
The property when zoned B-2 will generate tax revenues with a net worth of
approximately $60.00 per square foot and a tax base of $990,000 which totals at a
tax rate of $.60 approximately $594.00 per year of tax revenue.
Education - This project will generate no school children and therefore have no
effect on educational cost in Frederick County. Capitol cost impacts for school
age children will be reduced since no school children will result with B-2 zoning.
The current zoning of RP, with 7 units would produce about 7 school age
children.
Parks and Recreation - This project would result in no impact on Parks and
Recreational facilities.
Emergency Services Cost - There are no additional fire, rescue or sheriff facilities
anticipated with the development of the property using B-2 type uses.
Fire protection is available from the Greenwood Volunteer Fire Company. The
planned B-2 rezoning will have all required site development standards required
by the fire code, building code and zoning codes. There are no fire protection
problems associated with this property. All hydrants and fire protection
measures will be installed when the property is developed.
Rescue services are provided by the Winchester Rescue Squad with future
service from the Greenwood Volunteer Fire Company.
5
ACT ANALYSIS STATEMENT
REZONING APPROVAL REQUEST
JAMES H CARROLL PROPERTY
AUGUST 1994
Sheriff Department services protection will be required by this facility. Routine
patrols of the Pembridge area should suffice for the majority of time and
materials necessary to cover this facility.
XI. Environmental Impacts
There will be certain minor negative impacts due to the construction activity
including run off 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 impoundment
and stream are minimal and in accordance with local and state regulations.
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 planning stage to
minimize the adverse impacts on adjacent residential structures and impacts on
the traveling public.
XII. Fiscal Impacts
Fiscal impacts for the property are determined based upon the fiscal impact
model prepared by the Frederick County Department of Planning and
Development staff. The model assumes 16,500 square feet of retail floor space.
The square footage assumption figure may change, but should have no
significant influence on the model output.
X111. Other
This planned zoning change would create a positive fiscal impact as compared to
the existing zoning. There are no known other impacts.
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Gilbert W Clifford and Associates
200 N. Cameron Street I- PROPERTY LOCATION MAP
Winchester, Virginia, 22601
703-667-2139
N/F
Hartley
PEMBRIDGE HEIGHTS PHASE I
Parcel 9"
JAMES H. CARROI I
TM Ins 64A (4
PCL 20A
110' Temporary Construction Easement
Y11
IQ' Permanent Water Easement
Parcel A"
2. BOUNDARY SURVEY
N/F-
Edward K Miller
VA. SFC_ R TE. 781
NOTES:
I. No Title Report furnished. PLAT SHOWING
2. Boundary information was taken from
pI0' PERMANENr WAFER EASEMENT
public records and not field verified,
Lj H Ox
z S. W. MARSH
o CERTIFICATE N0.
1843 b
and 10 rEMPORAR Y CONS FRUC TION EA SEMEN F
through the and of
JAMES H. CARROLL
D8 622 — Pg JOB
to be acquired by
FREDFRICK COON TY SANT TA TION A U THORI TY
Shawnee Magisterial District
Frederick County, Virginia
DATE: August 1992 SCALE: 1"=100' Plot No. 9354—IX-1
gilbert w- clifford & associates, inc-
ENGINEERS — LAND PLANNERS — SURVEYORS
150—C 01de Greenwich Drive
Fredericksburg, Virginia 22401 200 North Cameron Street
(703) 898-2115 Winchester, Virginia 22601
(703) 667-2139
3. REL -,RDED SUBDIVISION PLAT
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PROFFER
C_ARROLL REZONING REQUEST
CASE NO.
I, the undersigned sole owner of land to be rezoned the
above rezoning request and the applicant for said rezoning,
hereby voluntarily proffer the following conditions. The
conditions proffered shall be binding upon the heirs,
executors, administrators, assigns and successors in interest
of the undersigned. In the event the Frederick County Board of
Supervisors grants said rezoning and accepts these conditions,
the following proffered conditions shall apply to the land
rezoned in addition to other requirements set forth in the
Frederick County Code:
1. There will be no entrance to the property on
Etnam Street.
2. There will be a total of no more than five (5)
entrances for the property.
Gilbert W. Clifford and Associates
200 N_ Cameron Street
Winchester, Virginia, 22601
703-667-2139
JAMES H. CARROLL
4. PROFFER STATEMENT
Fire Rescue
New Capital Costs Not $105 $652
Covered by County
Contributions
----------------------------------
Gilbert W. Clifford and Associates
200 N. Cameron Street
Winchester, Virginia, 22601
703-667-2139
5. FREDERICK COUNTY
IMPACT MODEL REPORT
Costs Credit
Costs
Impact
Fire Department
Rescue Department
Elementary Schools
Middle Schools
High Schools
Parks and Recreation
$20
$121
$0
$0
$0
$0
$144
$12,998
$773
$0
$0
$0
TOTAL
---------------------
$141 $185,189
$13,915
$0
FIRE AND RESCUE ADDENDUM
Fire Rescue
New Capital Costs Not $105 $652
Covered by County
Contributions
----------------------------------
Gilbert W. Clifford and Associates
200 N. Cameron Street
Winchester, Virginia, 22601
703-667-2139
5. FREDERICK COUNTY
IMPACT MODEL REPORT
REZONING APPLICATION FORM
FREDERICK COUNTY, VIRGINIA
To be completed by Planning Staff.
Zoning Amendment Number '-` '` _rte. Date Received
BOS Hearing Date l - 2 C� PC Hearing Date=�
The following information shall be provided by the applicant:
All parcel identification numbers, deed book and page numbers may be obtained from the Office of the
Commissioner of Revenue, Real Estate Division, 23 Court Square, Winchester.
I. Applicant:
Name: Janes H. Carroll c/o Stephen :':. C uri inZl \
Address: Silbert 4. Cliffora & Associates Inc.
200 i-+. Cameron Street, Winchester, VA 22601
Telephone: 703-c67-2132 Fax: 665-0493
2. Representative:
Name: :3a:ne As Above
Telephone:
3. Owner:
Name: Jar,ies H. Carroll
c/o Stephen ::yurisin
Address: Silbert W. Clifford & Assoc . Inc .
200 N. Cameron Street
Winchester, VA 22601
Telephone: iO3-667-2
12
The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning
applications.
Please list below all owners or parties in interest of the land to be rezoned:
James h. Carroll
4. Zoning Change: It is requested that the zoning of the property be changed
from
to P-2
5. Current Use of the Property:
Vacant
6. Adjoining Property:
PARCEL ID NUMBER USE ZONING
r' -IA00-0000-01130
--'-�<;-ti00-000 - _,01 30
c4 -AOL: -0.000-00200
c- A -0010-0001-20A +
,acant
Vacant
Residential
Re:- iden' ial
RP
I1P
7. Location: The property is located at (give exact location based on nearest road and distance from
nearest intersection, using road names and route numbers):
ApT;roxi .ately 75 iles east -,f the City o'
winches Ler at i-81. v r'th of R ute 50 east :.n
R- uto 701 at Fe;,,cri :,:e toad.
13
8. Parcel Identification:
14 Digit Tax Parcel Number: b4A 0()04 00(,0 20 A
9. Magisterial District:
Shawnee
10. Property Dimensions: The dimensions of the property to be rezoned.
Total Area: 2.81)2 Acres
The area of each portion to be rezoned to a different zoning district category should be noted:
2.8132 Acres Rezoned from "I to B-2
Acres Rezoned from to
Acres Rezoned from to
Acres Rezoned from to
11. Deed Reference: The ownership of the property is referenced by the following deed:
Conveyed from: rucnley-Lazes, inc./Lr��wnell, In—
Deed Book Number 308/31 Pages 622/706
12. Proposed Use: It is proposed that the property will be put to the following uses.
bus nes-, A4 Cc, .i prcial
13. Checklist: Check the following items that have been included with this application.
Location map
Plat
X
Deed to property
X
Statement verifying tares paid
X
Agency Comments
Fees
_
Impact Analysis Statement
x
Proffer Statement
t
14
14. Signature:
I (we), the undersigned, do hereby respectfully make application and petition the Frederick
County Board of Supervisors to amend the zoning ordinance and to change the zoning map of
Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for
site inspection purposes.
I (we) understand that the sign issued to me (us) when this application is submitted must be placed
at the front property line at least seven days prior to the Planning Commission public hearing and
the Board of Supervisors public hearing and maintained so as to be visible from the road
right-of-way until the hearing.
g.
(we) hereby certify that this application and its accompanying materials are true and accurate to
the best of my (our) knowledge.
Applicant:
Owner.
Date: U �//
15
INFORMATION TO BE SUBMITTED FOR CAPITAL FACILITIES IMPACT MODEL
In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to
provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use
the maximum possible density or intensity scenario for the proposed Zoning District as described on Page
8 of the application package.
The following information should be provided regardless of the type of rezoning:
Fire Service District:
Rescue Service District: �reenwooca
Total Proposed Non -Residential Lots/Buildings:
The following information should be provided with any residential rezoning:
Elementary School District: Ar:�el
Middle School District: FresericK G. unto
High School District. Ja:es Wood
Number of Single Family Dwellings Proposed:
Number of Townhouse Dwellings Proposed:
Number of Multi -Family Dwellings Proposed:
Number of Mobile Home Units Proposed:
-
N A
14 A
The foilowin- information should be provided with any commercial/industrial rezoning or with a
residential/commercial (P.U.D.) rezoning:
Gross Office Square Footage:
Retail Square Footage:
Restaurant Square Footage:
Service Station Square Footage:
Manufacturing Square Footage:
Warehouse Square Footage:
Hotel Rooms:
16
Iibere are no specific uses or square
footage (:;axi ,u!t or inirrum)
planned at this time. A site
levelop,aent plan, in accord with all
Zon n,r reguJ at i ang til 1 be prepared
at tine of •aevelol),:ient
ADJOINING PROPERTY OWNERS
Owners of property adjoining the land proposed to be rezoned will be notified of the public hearing. For
the purposes of this application, adjoining property is any property abutting the requested property or any
property directly across a road from the requested property. The applicant is required to obtain the
following information on each adjoining property including the 14 -digit property identification number
which may be obtained from the Office of the Commissioner of Revenue, Real Estate Department.
ame
1.
Euwar_. 1. culler, It Al
Arnclj J. & Dottie Eartley
3.
w inches ter Uu tdoor
Advort` Corp.
,.'war,. F'.,Jr. u r -ay L. Hunt
James L., II1 & Plizabeth D.
Harman
6.
Kichael & Shanncn 'Watson
Jun: Ghul & Jamie Hong Shin
8.
Scott R. & Paige I'. Clark
9.
Stephen 'rr . Rhinehardt
Address and Property Identification
k
dress: 3792 Nelo.riy Lane
Ha;erstown, M
perty ID: -4000-A00-0000-1130
ress: nt. 6, Box 203
Winchester, VA 226'.1
Property ID: 6000-004-000-00200
Address: 355 South Pcto::ac Street
Hagerstown, n 41610
Property IEL 64000-A00-0000-001 i)
Address: 130 Etna -, rive
Winchester, 'JA 260L
Property ID: 64A-0010-OCO1-20A
Address: 127 Etnair, Drive
,inchester, VA 22602
Property ID: 64A-0 10-0001-183
Address: 131 'stnam brive
Winches Ler, VA 22602
Property ID: 60-0010-0001-184
Address: 133 Etnam i- ive
Winchester, U 22602
Property IF, 64A -0010-0u01-1 54
Address: 104 : e:.bri ige rive
Winchester, VA 22602
Property ID: 64A-0010-0001-001
Address: 106 Pe bridge L'rive
Winchester, VA 22602.
Property I1164A-001(-0001-002
17
Location Map for PIN: 54A--4--LOA
James Carroll Rezoning #008--94
COUNTY of FREDERICK
Depar`unent of Planning and Development
703 / 665-5651
Fax 703/678-0682
TO: Planning Commission Members
FROM: Kris C. Tierney, Deputy Planning Director
RE: Completion of Corridor Study Report
DATE: October 18, 1994
Attached is a copy of the completed Report on Policies For Business Corridors Within
Frederick County. As most of the Commission members are aware, the report culminates
nearly two years of work on the part of the Comprehensive Plans and Programs
Committee. The report contains statistical information on existing land use and zoning
as well as environmental features for the three corridors which were examined. A
desired scenario for future land use for the three corridors is also mapped out, along
with locations of needed road connections.
The report notes that many of the suggested policies formulated for the three corridors
can and should be applied to other business corridors within the county.
It is the intent of the Comprehensive Plans and Programs Committee to include much of
the recommended policies from the report in their recommendation for this years update
of the Comprehensive Plan.
KCT/dc
Attachment
9 North Loudoun Street P.O. Box 601
Winchester, VA 22601 Winchester, VA 22604
COUNTY of FREDERICK
Department of Planning and Development
703 / 665-5651
Fax 703/678-0682
MEMORANDUM
TO: Frederick County Planning Commission
FROM: Robert W. Watkins, Director
SUBJECT: Corridor H Virginia Citizens Advisory Committee
DATE: October 1.8, 1994
The Virginia Commonwealth Transportation Board instructed VDOT to form an
advisory committee to study the West Virginia Corridor H proposals. The Virginia
Citizens Advisory Committee was formed with representatives from various local
governments and groups. This committee met nine times and issued final
recommendations concerning Corridor H.
Please find attached for your information the final statement of consensus from the
Advisory Committee.
RWW/dc
9 North Loudoun Su-cct P.O. Box 601
Winchester, VA 22001 Winchester, VA 22604
CORRIDOR H VIRGINIA CITIZENS
ADVISORY COMMITTEE'S STATEMENT OF CONSENSUS
WHEREAS, it is the consensus of the Virginia Citizens Advisory
Committee (VCAC) that citizens of Virginia, and in particular the
citizens of Frederick and Shenandoah Counties, are overwhelmingly
opposed to the construction of Corridor H, and,
WHEREAS, it is the clear consensus of the VCAC that the
expenditure of federal and Virginia tax dollars would be wasteful if
spent on Corridor H, and would be better used on other projects, and,
WHEREAS, it has not been demonstrated the Commonwealth of
Virginia, the Staunton Highway District, and in particular the citizens
of Frederick and Shenandoah Counties, would realize any economic
benefits from the construction of Corridor H. Furthermore, it has not
been demonstrated that Corridor H would generate any long term,
sustainable business, employment, local tax revenue, or other such
benefits, to the Commonwealth of Virginia. the Staunton Highway
District, and in particular the citizens of Frederick and Shenandoah
Counties, and,
WHEREAS, the information presented does not give sufficient
direct and indirect cost projections relating to the project's
construction, maintenance, and right of way acquisition, and,
WHEREAS, it is the consensus of the VCAC that West Virginia
review or study every prudent and feasible intermodal alternatives as
mandated by the intermodal Surface Transportation Efficiency Act
(ISTEA), e.g., rail linkages for port access, and,
Page 1
Statement of Consensus
Corridor H Virginia Citizens Advisory Committee
September 27, 1994
WHEREAS, after considering all the information presented at the
eight (8) work sessions of the VCAC, and after thorough debate and
discussion on such information and the complex issues raised
thereby, the Corridor H Virginia Citizens Advisory Committee
concludes that Corridor H would significantly harm the communities
of Frederick and Shenandoah Counties.
Therefore:
IF WEST VIRGINIA DOES NOT BUILD ITS PORTION OF CORRIDOR H:
• Virginia should not undertake any Corridor H "Build" alternative;
however, existing Route 55 should be evaluated for safety
enhancements.
IF WEST VIRGINIA BUILDS ITS PORTION OF CORRIDOR H.-
0
.
• The two (2) "Build" alternatives presented to date by the
engineers retained by West Virginia are too limited and thus
insufficient for the Corridor H VCAC to fulfill the resolves
prescribed in the Commonwealth Transportation Board's May
20, 1993 Resolution.
• In particular, the alternatives provided fail to address the issue
of "alternative funding mechanisms ... to avoid expenditure of
scarce Virginia and Staunton District transportation resources."
A variety of planned and discussed primary and interstate
improvements are more important to the area than Corridor H.
Funding should not be provided for Corridor H if it will delay
Page 2
Statement of Consensus
Corridor H Virginia Citizens Advisory Committee
September 27, 1994
funding for other road projects in the area.
• The alternatives are devoid of data or projections regarding
partial condemnations of private property that would be required
(e.g., rights of way), which would cause partial displacements of
Virginia citizens, and the related costs of such condemnations/ -
displacements which could more than double projected costs.
• The alternatives provided do not constitute a "study that
comprehensively evaluates alternative improvements to existing
highways ... without requiring construction of a new highway. .
." Rather, they essentially constitute "build" alternatives that
were drawn up before the Board's Resolution.
The alternatives provided fail to address "the broad community
goals to develop the region as a tourist and visitor attraction
that highlights the unique historical and cultural attractions of
the region." In this regard, no information has been provided to
the VCAC regarding any projected local employment or tax -
generating opportunities that would accompany either of the
build alternatives presented. Moreover, the alternatives fail to
address the issue of the adverse impact either would have
(directly or indirectly) on several National Landmark and
National Register of Historic Places properties located on both
sides of existing Interstate 81 (along Cedar Creek) between
Route 55 (where Corridor H would terminate) and Interstate 66.
Page 3
Statement of Consensus
Corridor H Virginia Citizens Advisory Committee
September 27, 1994
Further, the proposed alternatives fail to provide sufficient
roadway design featureslcrite ria that "should be more parkway
in character in preference to a traditional four lane interstate or
arterial standard facility."
• The alternatives fail also to provide reliable traffic flow
projections.
• During work sessions, the members of the VCAC agreed that the
following constituted the "Community Goals" of Frederick and
Shenandoah Counties:
• Moderate Economic Growth
• Maintain Quality of Life
• Maintain LOS (Level of Service) "C" or Better on Roads
• Increase Safety on Roads
• Maintain Character of Area
• Ease of Use of Roads
• Use Appropriate Signage
• Historic Tourism Development
• Battlefield Preservation
• Promote Tourism
• Add New Businesses
• Retain Existing Businesses
• Maintain Agricultural Sector
• Wisely Invest Tax Dollars
Page 4
Statement of Consensus
Corridor H Virginia Citizens Advisory Committee
September 27, 1994
• Prevent Community Displacements
• Provide Infrastructure
• Develop Pro -active Long Range Plans
• Manage Growth
• Promote Stability
• Broaden Economic Base
• Community Self -Determination
• Define Relevant Information
• Consistent with these Community Goals, and in light of the fact
that the build alternatives presented to date are too limited and
thus insufficient, the VCAC recommends that a separate study
be conducted to evaluate improvements to existing Route 55, as
follows:
• Designate Route 55 as a National/Virginia Scenic
Byway/Parkway.
• Determine whether ISTEA funding is available.
• Draft an improved Route 55 roadway alignment alternative
with local bypass features in order to minimize citizen/ -
business displacements and deviations from existing route
55, to enhance safety, and to avoid adverse impacts on
historic sites and other cultural resources.
Project detailed costs for construction, maintenance, and
rights.of way; such cost projections must illustrate all
Page 5
Statement of Consensus
Corridor H Virginia Citizens Advisory Committee
September 27, 1994
anticipated costs, direct and indirect, short- and long-term
—to Virginia and the Staunton District.
• Such improved Route 55 roadway alignment and design
must involve Scenic Byway and Parkway expertise,
landscape architecture, and local public direct involvement
and comment in the design process.
Adopted by the Corridor H Virginia Citizens Advisory Committee September 27, 1994
Page 6