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HomeMy WebLinkAboutPC 10-05-94 Meeting AgendaAGENDA FREDERICK COUNTY PLANNING COMMISSION The Old Frederick County Courthouse Winchester, Virginia OCTOBER 5, 1994 7:00 P.M. CALL TO ORDER TAB 1) Meeting Minutes of August 17, 1994 & September 7, 1994 ............ A 2) Bimonthly Report .............................. ....... B 3) Committee Reports .................................... C 4) Citizen Comments ................... . ................ D PUBLIC HEARINGS 5) Conditional Use Permit #006-94 of C J Funk: for a Cottage Occupation for a fabrication shop located in the Gainesboro District and identified as PIN #22 -A -50B. The directions to this property are as follows: Route 522 North to Apple Pie Ridge Road (Route 739) and proceed north, turn left at Green Spring Road (Route 671) to second entrance on right. (Mr. Miller) ......................................... E 6) Conditional Use Permit #007-94 of Anita P. Farmer: for a commercial outdoor recreational use for a golf course. This property is located in the Shawnee District and is identified as PIN #76-A-138. The directions to this property are as follows: 2 Millwood Pike (Route 50 East) and turn right on Parkins Mill Road (Route 644), proceed 1.0 miles, and the property is on the right. (Mr. Miller) .............. F 7) Conditional Use Permit #008-94 of Donald E. Cook: for a garage for automobile repair without body repair. This property is located at 2712 Martinsburg Pike and is identified as PIN 44-A-62 in the Stonewall District. (Mr. Miller) ............... G 8) Site Plan #026-94 of Taco Bell Restaurant: for a proposed restaurant, located at the corner of Welltown Road (Route 661), and Martinsburg Pike (US Route 11), in the Gainesboro District. (W. Wayne Miller) ........................ H 9) Master Development Plan #006-94 of Silver Development Companies: for proposed townhouses and garden apartments. This property is located off of Airport Road (Route 645) north side, just east of Front Royal Pike (Route 522), in the Shawnee District. (Kris C. Tierney) ...................................... I 10) Secondary Road Improvement Plan (Kris C. Tierney) ................ J 11) Informal Discussion Item regarding Raymond Dunlap concerning the possibility of rezoning a parcel of land along Bloomery Pike (Route 127) to permit used car sales. (W. Wayne Miller) ..................................... K 12) Informal Discussion Item regarding Robert Shadley to further divide a 5.89 acre tract of land. (W. Wayne Miller) ................................. L 13) Informal Discussion regarding James Lamp to rezone a .92 acre tract of RA zoned land to B-2 to permit other uses. (W. Wayne Miller) .................. M MISCELLANEOUS 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 August 17, 1994. PRESENT: Planning Commissioners present were James W. Golladay, Jr., Chairman; John R. Marker, Vice Chairman/Back Creek District; Marjorie H. Copenhaver, Back Creek District; Terry Stone, Gainesboro District; John H. Light, Stonewall District; Charles S. DeHaven, Jr., Stonewall District; Robert A. Morris, Shawnee District; Richard C. Shickle, Gainesboro District; Roger L. Thomas, Opequon District; and George L. Romine, Citizen at Large. ABSENT: S. Blaine Wilson, Shawnee District; Robert M. Sager, Board Liaison; and Vincent DiBenedetto, Winchester City Liaison. Planning Staff present were: Robert W. Watkins, Director and Secretary; and Kris C. Tierney, Deputy Planning Director. CALL TO ORDER Chairman Golladay called the meeting to order at 7:00 p.m. MINUTES Upon motion made by Mr. Romine and seconded by Mr. Thomas, the minutes of July 6, 1994 were unanimously approved as presented. BIMONTHLY REPORT Chairman Golladay accepted the Bimonthly Report for the Commission's information. K COMMITTEE REPORTS Comprehensive Plan Subcommittee - 8/8/94 Mtg. Mrs. Copenhaver reported that the Comprehensive Plan Subcommittee discussed the final upgrade of the Comprehensive Plan in regards to corridors. She said that two public meetings are scheduled, one on September 12 at Senseny Road Elementary School and the other on September 19 at Robert E. Aylor Middle School. Both meetings will begin at 7:30 p.m. LETTER FROM MR. CHARLES DEHAVEN Chairman Golladay read a letter that he received from Mr. Charles S. DeHaven, Jr., Planning Commissioner representing the Stonewall District, stating his conflict of interest concerning proposed Route 37 and his decision not to participate in any meeting where the Route 37 issue is discussed. A motion was made by Mr. Light and seconded by Mr. Thomas to include the letter as part of the official record. This motion was unanimously approved by the Planning Commission, as follows: Charles S. DeHaven, Jr. 2075 Martinsburg Pike Winchester, VA. 22603 August 17, 1994 Mr. James W. Golladay Chairman Frederick County Planning Commission Winchester, VA. 22601 Dear Mr. Golladay: I have a conflict of interest concerning the proposed Route 37. It would be inappropriate for me to participate in any meeting where this issue was under consideration. Please include this in the official record of the meeting. Sincerely, /s/Charles S. DeHaven, Jr. cc: Mr. Robert W. Watkins Ms. Renee' Arlotta 3 PLANNING COMMISSION ADJOURNS TO ► ROUTE 37 WORKSESSION At 7:10 p.m., Chairman Golladay adjourned the regular meeting for the Commission to go into a worksession to discuss the proposed Route 37. Respectfully submitted, Robert W. Watkins, Secretary James W. Golladay, Jr., Chairman MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Old Frederick County Court House in Winchester, Virginia on September 7, 1994. PRESENT: Planning Commissioners present were: James W. Golladay, Jr., Chairman; John R. Marker, Vice Chairman/Back Creek District; Marjorie H. Copenhaver, Back Creek District; Terry Stone, Gainesboro District; John H. Light, Stonewall District; Charles S. DeHaven, Jr., Stonewall District; Robert A. Morris, Shawnee District; Richard C. Shickle, Gainesboro 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; W. Wayne Miller, Zoning Administrator; and Kris C. Tierney, Deputy Planning Director. ABSENT: S. Blaine Wilson, Shawnee District CALL TO ORDER Chairman Golladay called the meeting to order at 7:00 p.m. BIMONTHLY REPORT Chairman Golladay accepted the Bimonthly Report for the Commission's information. COMMITTEE REPORTS Comprehensive Plan Subcommittee Mrs. Copenhaver reminded the Commission that two public meetings are scheduled to discuss revisions to the Comprehensive Plan pertaining to corridors. She said that the meetings are scheduled for September 12 at Senseny Road Elementary School and September 2 19 at Robert E. Aylor Middle School. She said that both meetings will begin at 7:30 p.m. and Planning Commissioners are requested to attend. Development Review & Regulations Subcommittee (DRRS) - 8/24/94 Mtg. Mr. Thomas reported that the DRRS discussed potential amendments to the Zoning Ordinance. Transportation Committee - 9/6/94 Mtg. Mr. Thomas reported that Transportation Committee held a public hearing on the Secondary Road Improvement Plan. He said that there will be some revisions and this will be coming to the Planning Commission in the near future. DIVISION OF A RURAL PRESERVATION LOT FOR ROBERT L. SANDY AND JANIE S. SANDY ACTION - RECOMMENDED APPROVAL Mr. Miller stated that the plat proposes the division of a 2.309 acre lot from a larger tract consisting of 74.769 acres. Mr. Miller said that this would be a permitted division except for the fact that Section 165-56 A of the Zoning Ordinance requires that the lot be 250' in width at the 60' setback line when established on an existing state maintained road. Mr. Miller said that the proposed eastern boundary of this lot is also the zoning boundary of the MH - 1 zoned land also located on this parcel. He said that the MH -1 zoned portion and this proposed lot are both part of a larger parcel identified as PIN 87-A-95. He said that if this lot is required to have 250' frontage on Fairfax Pike, this would be possible, but it would need to encompass enough of the MH -I zoned portion to establish that width. Mr. H. Bruce Edens of Greenway Engineering, Inc. was representing this application. Mr. Edens said that in order to acquire the frontage for this lot, it would have to cross the entrance road into the mobile home park, which is not practical. it was. Chairman Golladay asked if the lot was pre-existing and Mr. Edens replied that There were no public comments. The Commission had no problems with allowing the subdivision. Upon motion made by Mr. Romine and seconded by Mr. Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the request by Greenway Engineering, Inc. to permit the division of a rural preservation lot with less than the required 250' state maintained road frontage. SUBDIVISION APPLICATION 6-94 OF HOLTZMAN OIL COMPANY TO SUBDIVIDE 2.693 ACRES INTO TWO LOTS_ ACTION - RECOMMENDED APPROVAL Mr. Miller said that the applicant proposes to divide a 2.693 acre tract into two lots, one of .644 acres to accommodate the existing bank and one of 2.049 acres to permit further development. Mr. Stephen M. Gyurisin, with G. W. Clifford & Associates, was present to represent the applicant. Commissioners asked for clarification on the access to this and surrounding lots. Mr. Gyurisin confirmed that ingress and egress for Lots 1 and 2 would be from Route 11 and the adjacent Taco Bell lot would have access on Welltown Road. The Commission felt that the proposal met the ordinance requirements and qualified for waiver of the master plan requirement. It was noted that developmental issues associated with the property could be addressed at the site plan stage. Upon motion made by Mr. Light and seconded by Mrs. Copenhaver, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Subdivision Application #006-94 of Holtzman Oil Company to subdivide 2.693 acres into two lots. This property is located on the north side of US Rt. 11 North/ VA Route 37/ Martinsburg Pike, east of Interstate 81 and Welltown Road (Rt. 661) and is identified as PIN 43-3-D in the Stonewall District. n Conditional Use Permit #005-94 of Mark E. Lowery for a public garage without body repair. This property is located on Dicks follow Road (Rt. 608; and is identified :with PIN 52-14-A in the Gainesboro District_ ACTION - RECOMMENDED APPROVAL Mr. Miller stated that the proposed activity is permitted in the RA (Rural Areas) Zoning District with an approved conditional use permit. Mr. Miller said that it was observed during a visit to this site on August 1$, 1994 that automobile repair is currently being conducted in the garage facility located on the property. He stated that the location seems to be appropriate for this activity because the location is not visible from the road or any adjoining residence. Mr. Miller noted that some parts and other material were being stored outside of the building. Mr. Mark Lowery, the applicant and property owner, said that he acquired the property last December and he was under the impression that the property was zoned properly for his business use. Mr. Lowery said that when he found out it wasn't zoned properly, he began procedures to acquire a conditional use permit. He said that he strives to be conscientious about his neighbors and the appearance of the property. He added that all the vehicles will have current tags and registration. There were no public comments. The Commission noted the Health Department comments that Mr. Lowery should be the sole employee based on restroom facilities. The Commissioners had no problems with issuance of the CUP. Upon motion made by Mr. DeHaven and seconded by Mr. Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #005-94 of Mark E. Lowery for a public garage without body repair with the following conditions: L No exterior storage of parts and equipment shall be permitted on this property. 2. No inoperative vehicles shall be stored on the property. 3. All review agency comments must be complied with at all times. 4. The number of vehicles awaiting repair shall be limited to no more than eight at any time. 5 Preliminary Master Development Plan #005-94 of Garber Estates to establish 13 acres of commercial retail use. This property is located east and adjacent to US Route 522, 0.25 miles south of the intersection of US Rt. 50, and is identified with PIN 64-A-4 in the Shawnee Magisterial District. ACTION - RECOMMENDED APPROVAL Mr. Tierney presented the background information with the review agency and staff comments. He said that VDOT has requested signalization at the entrance road. He said that the site contains no environmentally sensitive areas other than a small area that would be considered a wetland and the project designer will utilize this as an on-site storm water management area. Mr. Tierney said that the plan shows an extension of Costello Drive which would connect to Prince Frederick Drive in the Prince Frederick Office Park, which is conformance with plans for the general area. Mr. Tierney said that the proposed northernmost entrance does not meet the county's spacing requirement which calls for a minimum of 150,' therefore, that entrance would need to be "right turn only" upon exiting. Mr. Tierney said that he also spoke with the applicant and requested that they provide a stub connection to the Delco Plaza site and they have agreed to that. Mr. Ronald Mislowsky, with G.W. Clifford & Associates, was present to represent this application. Mr. Mislowsky said that the applicant understands that a signal will be required at the intersection of Route 522 and Costello Drive. He said that the applicant is also willing to work with Delco Plaza to provide a connection to the Delco site. Mr. Mislowsky said that they also understand that the northernmost entrance on Rt. 522 will be a "right in" and "right out" only entrance. The Commissioners felt this property should be tied into the back part of the bank's property and the Delco Plaza site in order to reduce as many entrances onto Rt. 522 as possible and to give people a number of options to access the site. The Commissioners also had some concerns about Costello Drive ending in a cul-de-sac so far away from the property line. They felt that in order to provide for a continuous road network between sites in the future, Costello Drive should be extended to the property line. There were no public comments. Mr. Romine made a motion to approve the master plan and this motion was seconded by Mr. Stone. Mr. Thomas moved to amend Mr. Romine's motion to include the stipulation that Costello Drive be built to the easternmost property line or an irrevocable bond be provided for the construction cost, including inflation, for the entire length of road that the applicant does not construct. The motion also included the requirement that the plan address all review agency 'l comments and all comments and concerns of the Planning Commission and the Board of Supervisors. This amended motion was seconded by Mr. Light and was unanimously passed. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Preliminary Master Development Plan #005-94 of Garber Estates to establish 13 acres of commercial retail use with the stipulation that Costello Drive be built to the easternmost property line of the proposed subdivision or an irrevocable bond be provided for the construction cost, including inflation, for the entire length of road; and, that the master plan address all review agency comments and all comments and concerns of the Planning Commission and the Board of Supervisors_ Subdivision Application #005-94 of Garber Estates to establish 13 acres of commercial retail use. This property is located east and adjacent to US Route 522, 0.25 miles south of the intersection of US Route 50, and is identified with PIN 54-A-4 in the Shawnee Magisterial District. ACTION - APPROVAL Mr. Miller stated that all review agency comments that were presented with the Master Development Plan for this site are applicable to the subdivision application. He said that no review agency had comments that might preclude approval of this request. Mr. Miller said that this subdivision is for four lots: a 13 acre lot, a 4.3 acre lot, a 8.88 acre lot, and an 80' right-of-way. Mr. Ronald Mislowsky, with G. W. Clifford & Associates, was present to represent this subdivision. The Commissioners felt that the proposal conformed with the presented master plan and met ordinance requirements. Upon motion made by Mr. DeHaven and seconded by Mr. Light, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Subdivision Application #005-94 of Garber Estates to establish 13 acres of commercial retail use with the stipulation that final administrative approval is not given until Board of Supervisors' approval of the master development plan_ rl Rezoning Application #006-94 of Frederick Mall Land Trust/James T. Anderson to rezone 16.08 acres for a 30 lot residential subdivision located just west of Greenwood Road (Rt. 656) and south of Senseny Road (Rt. 657) and is identified with PIN #55-A-195 in the Shawnee Magisterial District. ACTION - RECOMMENDED APPROVAL Mr. Tierney presented the background information, review agency and staff comments. Mr. Tierney said that VDOT has requested that any access roads to this parcel be located opposite Route 1243 to reduce possible turning problems. He said that the staff feels that this development will create a relatively minor traffic impact, based on the impact statement submitted with the application. Mr. Tierney added that the applicant has submitted a proffer which limits the use of the property to no more than 32 single-family housing units. He said that the applicant has also proffered $3,169.00 per unit, payable at the time of issuance of building permits. He said that 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. Mr. James T. Anderson, representing the Frederick Mall Land Trust, said that they are proposing 15,000 and up square foot lots with no more than 32 lots. Mr. Anderson said that they propose to market the homes at between $170,000 to $200,000+. Commissioners asked Mr. Anderson if he was aware that VDOT would like their entrance to be across from Route 1243. Mr. Anderson said that he was aware of that. Chairman Golladay called for public comment and the following persons came forward to speak in opposition: Mr. Charles McIlwee, property owner to the east of this parcel, asked that stormwater management be addressed. Mr. McIlwee said that his residence lies in a low area and he has been flooded three times. In response to Mr. McIlwee's concerns, Chairman Golladay suggested that Mr. Anderson meet with Mr. McIlwee regarding the drainage situation. It was noted that stormwater management issues would be addressed at the master development and site plan stages. Given the location of the parcel within the UDA and adjacent existing RP zoning, along with the applicant's proffered limit on the number of units and monetary contribution to the general fund, the Commission was generally in favor of the rezoning. Upon motion made by Mr. Romine and seconded by Mr. DeHaven, L& BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Rezoning Application #006-94 of Frederick Mall Land Trust/James T. Anderson to rezone 16.08 acres for a 30 lot residential subdivision. Discussion Regarding a Waiver for Woodside Subdivision Requested by G. W. Clifford & Associates ACTION - WAIVER DENIED Mr. Miller said the Woodside Estates was approved by the Planning Commission on August 3, 1994. Mr. Miller said that the approval specifically required, in accordance with the Subdivision Ordinance, that sidewalks be installed on both sides of all streets. He said that on behalf of the developer, G. W. Clifford & Associates has requested that they not be required to install sidewalks on both sides of the streets and are proposing an alternative to that requirement in the form of a bicycle path located in the street. Mr. Charles W. Maddox, Jr., with G. W. Clifford & Associates, presented his alternative plan and said that on 36' streets, they were proposing dual bikeways with sidewalks on one side of the street and on street widths of 30', no sidewalks would be provided. He said that all streets would have curb and gutter. Mr. Maddox was concerned about the ramifications, in terms of the costs per lot, of having sidewalks on both sides of the street. Commissioners were concerned about the elimination of on -street parking by placing bikeways on both sides of the street. They said that the proposal provided no extra facilities or extra width, only painted lines on the street and the elimination of on -street parking. It was also noted that the length of the proposed bikeway through the subdivision was probably less than a quarter mile, which wouldn't provide for a very lengthy bike trip. They also felt that enforcing "no parking" along the bikepath would be difficult. The Commissioners also felt that amenities such as sidewalks and curb and gutter have been shown to enhance property in the county for home sales. The Planning Commission felt that the proposal did not meet the intent of the subdivision ordinance and upon motion made by Mr. Thomas and seconded by Mr. Light, BE IT RESOLVED, That the Frederick County Planning Commission does hereby sustain the subdivision ordinance as written and does hereby require sidewalks on both sides of all streets as intended. The vote on this waiver request was as follows: 07 `SES (TO SUSTAIN THIE SUBDIVISION ORDINANCE AS WRITTEN)LI Stone, Light, Copenhaver, Marker, Romine, Thomas, Morris, DeHaven, Shickle NO: Golladay ROUTE 37 RECOMMENDATION Mr. Watkins stated that the final decision concerning which alternative would be chosen for Route 37 would rest with the Virginia Commonwealth Transportation Board, however, he felt the time had come in the process when it would be appropriate for the County to make a recommendation to the Transportation Board concerning which alternative would be most appropriate. Mr. Watkins stated that the first option that needed to be considered was the "Build vs No -Build" option. He said that secondly, a selection needed to be made between Alternatives A through F. Using comparisons such as percentage of decrease in daily vehicle miles traveled, dwellings displaced, businesses displaced, and cost, the staff felt Alternatives C and F were superior to the other alternatives. Mr. Watkins noted that Alternative F was superior in terms of various measures used in the Transportation Model, however, it had a serious drawback in that it would totally disrupt and remove the existing business area that currently exists around the 37/11 interchange on 1-81, north of town. There were no public comments. Commissioners discussed whether Alternative C or F would have the potential to improve the situation at the Rt. 11/37/81 interchange. They were concerned about disrupting the existing businesses around the 37/11 interchange if Alternative F was chosen. They were also concerned about the effects of the added mileage of Alternative C, but felt that vehicles would take the extra mileage rather than deal with the traffic at the Route 11/37181 interchange. Upon motion made by Mr. Marker and seconded by Mr. Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend that the County choose the "Build" Route 37 alternative over the "No -Build" alternative. (Mr. DeHaven abstained.) Upon motion made by Mr. Marker and seconded by Mrs. Copenhaver, BE IT RESOLVED, That the Frederick County Planning Commission does hereby endorse Alternative C with some modifications between Route 7 and Interstate_ 81 on the north to shorten this road segment and to avoid impacts. 10 The vote on the endorsement of Alternative C was as follows: YES (To Endorse Alternative C. Stone, Light, Copenhaver, Marker, Romine, Thomas, Morris, Golladay NO: Shickle ABSTAIN: DeHaven (Note: Mr. Light noted for the record his concerns about the area north of Rt 7 to I-81 and Route 11.) INTRODUCTION OF JEAN M. MOORE, PLANNER I AND ERIC LAWRENCE, PLANNER I Mr. Miller introduced two new planners to the Planning and Development Staff, Jean M. Moore and Eric Lawrence. LAUCK DRIVE PETITION FROM SUSAN MALLOZZI (STAR FORT MDP) Chairman Golladay said that he had received a petition from Mrs. Susan Mallozzi. Mr. Watkins said that the petition would be forwarded to the Board of Supervisors for their consideration of the Star Fort Master Development Plan. ADJOURNMENT p. M. No other business remained to be discussed and the meeting adjourned at 9:00 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: September 26, 1994 (1) Rezonin s Pending: dates are submittal dates C. L. Robinson 3/30/94 BkCk RA to B3 (2) Rezonings Approved: (dates are BOS meeting dates) Burger Busters 08/10/94 Ston M1 to B2 Brown Lovett, Jr. 09/14/94 Ston RA to M1 (3) Rezonings Denied: (dates are BOS meeting dates) None (4) Conditional Use Permits_ Pending: (dates are submittal dates) Mark E. Lowery C.J. Funk Anita Farmer Donald Cook Robin Dassler 07/13/94 Gaines 8/26/94 Gaines 9/9/94 Shawnee 9/12/94 Stonewall 09/23/94 Gainesboro Public Garage w/o body repair Fabrication Shop Golf Course Automobile Garage w/o body repair Private Dog Breeding Kennel (5) Conditional Use Permits Approved: (dates are approval dates) None (6) Site Plans Pending: (dates are submittal dates) Wheatlands Wastewater Fac. 9/12/89 Opeq Trmt.facil Grace Brethren Church 6/08/90 Shaw Church Flex Tech 10/25/90 Ston Lgt. Industrial Lake Centre 05/15/91 Shaw Townhouses Red Star Express Lines 05/24/91 Ston Whse. Addition 84 Lumber 01/26/94 Ston Storage Addition 2 Shenandoah Gas Co. 04/12/94 Rosedale Baptist Church 8/18/94 Childrens Services of Virginia, Inc. 09/23/94 Minute Wok 09/26/94 Shaw Offices sales & service BkCk Assembly Hall Shaw Office Building Shaw Restaurant Addition (7) Site Plans Approved: dates are approval dates Mobile Chemical Co. 09/14/94 BkCk revision to the Office use, storage, repair, recycling facility Carlisle & Anderson 09/09/94 Ston (8) Subdivisions Pending: (dates are submittaldates) Briarwood Est. 01/04/94 Harry Stimpson 09/23/94 Stonewall Opequon (9) Subdivisions Pending Final Admin. Approval: (P/C or BOS approval dates Abrams Point, Phase I 06/13/90 Shawnee Lake Centre 06/19/91 Shawnee Fredericktowne Est., Sec 8 & 9 10/06/93 Opequon Garber 09/07/94 Shawnee Holtzman 09/14/94 Stonewall (10) PMDP Pending: dates are submittal dates Fieldstone Heights 04/25/94 Stonewall (11) PMDP Approved: Dated are approval dates Star Fort 09/14/94 Gainesboro Garber 09/14/94 Shawnee (12) FMDP Pending Administrative Approval: (dates are BOS approval dates Battlefield Partnership 04/08/92 Back Creek James R. Wilkins III 04/14/93 Shawnee Lake Front Apartments 06/08/94 Shawnee (13) Board of Zoning Appeals Applications Pending:(submit. dates) Sherando Village LLC Lot 4 08/26/94 Opequon Sherando Village LLC Lot 3 08/26/94 Opequon David & Patsy Cress 09/19/94 Shawnee (14) BZA Applications Approved: _,(approval dates) 3 Administrative appeal (Michael Roberts) 09/20/94 Back Creek Donald Jobe 09/20/94 Stonewall (15) BZA Applications Denied: None (16) PLANS RECD. FOR REVIEW FROM CITY OF WINCHESTER None 1E. PLANNING AND DEVELOPMENT - ACTIVITY REPORT 165 (Sept 1-151 1. Corridor Planning Bob Watkins and Evan Wyatt conducted a Route 37 East alternative tour for the Planning Commission. Bob Watkins attended the Corridor H Advisory Committee meeting in Strasburg. 2. Transportation Evan Wyatt updated the Secondary Road Improvement Plan which was considered by the Transportation Committee as a public hearing item. 3. Comprehensive Plan On September 12, the first of two public meetings on the County's proposed update of the Comprehensive policy Plan was held at Senseny Road Elementary School. Approximately 30 members of the public attended. The main topic of this year's update involves proposed corridor plans for Routes 50, 7, and 11. 4. Battlefield Preservation and Historic Issues The Battlefield Task Force met and discussed planned public meetings and public involvement efforts. 5. G.I.S. Bob Watkins and Mark Lemasters met with representatives from various departments to discuss GIS progress and strategies. 6. Community Development Block Grant On September 1, Kris Tierney met with personnel from the office of Housing and Community Development in Richmond to finalize details of the Community Development Block Grant Agreement. The County has since entered into the agreement which provides money for a planning study to be conducted by a consultant to determine the feasibility of constructing a residential facility for mentally handicapped adults within Frederick County. 7. Plan Reviews, Approvals, and Site Inspections: Evan Wyatt reviewed site plans for Taco Bell, Southeastern Container, 84 Lumber, and Mobile Chemical Company. Evan Wyatt conducted site inspections for James Wood High School mobile classrooms, Dodson Brothers Exterminators, and Timber Ridge Educational Center. 8. Meetings Bob Watkins met with Lee Perkins from the Health Department to discuss County growth trends. Wayne Miller and Evan Wyatt met with representatives of Regency Lakes to discuss requirements associated with the development of Section "C". Evan Wyatt met with Gary DeOms to continue work on the proposed Double Church Agricultural and Forestal District. 9. Other Evan Wyatt created an AutoCad map of the Brannon Ford area for John Riley, Jr., for a meeting with the Sheriff's Department. P/C Review Date: 10/05/94 CONDITIONAL USE PERMIT #006-94 C. J. FUNK COTTAGE OCCUPATION FOR A COUNTERTOP FABRICATION SHOP LOCATION: Route 522 North to Apple Pie Ridge Road (Route 739)and proceed north, turn left at Green Spring Road (Route 671) to second entrance on right. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 22 -A -50B PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) Land use - residential ADJOINING PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) Land use - residential, agriculture PROPOSED USE: Fabrication Shop REVIEW EVALUATIONS: Virginia Department of Transportation: The owner has advised this Department no retail sales will be conducted at this location. Based on this information the existing entrance will be adequate for proposed use. If use should ever expand in the future, the entrance may have to be upgraded to VDOT minimum commercial standards. Fire Marshall: See attached comments Inspections Department: Building shall comply with the Virginia Uniform Statewide Building Code and Section 306, Use Group (F - Factory & Industrial) of the BOCA National Building Code/1993. Other codes that apply are title 28 Code of Federal Regulation, Part 36, Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities. Will require ADA access to building from parking space. Page 2 Health Department: As Mr. Funk's cottage occupation will not increase the amount of sewage, the Health Department has no objection to the proposed addition for the shop to make Corian countertops. Planning Department: The proposed activity can be permitted as a cottage occupation with an approved conditional Use Permit. Mr. Funk fabricates countertops at this location and then transports them to the location where they are installed. It does not appear that permitting this use would have any significant negative impact on the neighborhood. It should be noted that this application gives no indication that there will be employees located or working at this location. Should the applicant desire to have employees he will need to provide bathroom facilities for those employees. STAFF RECOMMENDATION FOR OCTOBER 5, 1994 PC MEETING: Approval with the following conditions: 1. All the fabrication work shall take place entirely within the enclosed building. 2. There shall be no outside storage of materials or fabricated products. 3. All review agency comments shall be complied with at all times. 4. If employees are to be working on site, approved bathroom facilities shall be provided for their use. COUNTY OF FREDERICK, VIRGINIA FIRE MARSHAL'S OFFICE LAND DEVELOPMENT COMMENTS Control No. 0718941510 Date Received 071894 Date Reviewed 071994 Applicant Name Cecil James Funk Address 354 Greenspring Rd Winchester VA 22603 Project Name Phone No. 703-662-8314 Type of Application C.U.P. Current Zoning R.A. 1st Due Fire Co. 13 1st Due Rescue Co. 13 Election District Gainesboro RECOMMENDATIONS Automatic Sprinkler System Residential Sprinkler System X Automatic Fire Alarm System X Other Emergency Vehicle Access; Adequate Inadequate X Not Identified Fire Lanes Required; Yes X No Comments Currently as shown on the plat, the drain field would have to be crossed to gain access to the building. This would not be possible during times of wet weather or snow. Roadway/Aisleway Widths; Adequate Inadequate X Not Identified Special Hazards Noted; Yes X No Comments Limited access to building - Continued - Hydrant Locations; See Notes Adequate Inadequate Not Identified X Siamese Connection Location; Approved Not Approved Not Identified X Additional Comments: _(1) Cabinet making facilities have certain inherent hazards associated with dust and flammable_ finishes. Any spraying operation must be in a booth installed in compliance with 1993 B.O.C.A. Building Code. The facility must be maintained at all times in compliance with the 1993 B.O C A Fire Prevention Code. Storage of flammable glues or solvents must be in approved cabinets as required by the building and fire Review Time .S hr Douglas A. Kiracofe Fire Marshal Submittal Deadline Ci,. 4�GX0G^. P/C Meeting -� BOS MeetingVA APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (The applicant if the ,/ owner other) NAME: C ec ,.� Qme.s ADDRESS: 3.s y (I „P TELEPHONE Gt�p ,(J - Q - n/ - 8 3 / d 2. Please list all owners, occupants, or parties in interest of the property: C - l a /7 .e U 3. The property is located at: (please give exact directions and include the route number of your road or street) -�R6 pn 01:7c&Jrje S Z 2 N. fo d z - 73.? �OIVRn 74.0art AO i�qL? 7- 4. 4. The property has a road frontage of / S % 30 feet and a depth of �2p, p7 feet and consists of ,3 2 acres. (Please be exact) 5. The property is owned by Cec// (Ty� iO,�.Cv/�.(J as evidenced by deed from fc L. PuRnue recorded previous owner) in deed book no. on page /.Z8 as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. 14 -Digit Property Identification No. 22000ol� p.�aoSo IS Magisterial District ga.,") �o�a Current Zoning ,q 'q... 7. Adjoining Property: USE ZONING North -rI<,UW,„-e.-( /M M e East CJ e,,- ,- /Aa4 RA South ,-�5 / t'.s QA A West rLscla.H4i� - - 8. The type of use proposed is (consult with the Planning Dept. before completing) C Mcs-r, IF= OCL a PA -1-I 0,4 9. It is proposed that the following buildings will be constructed: f S per -sr -tot o {5 cpc-;c. 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 IJonajoi L�'���GN+s Address C=' � i �1 Z z6a3 Property ID# 22-0000 O40o,s/D Address DO ec h �n 220 Property ID# 2 2 vaaa ,9 0000 ao Address Cft'eZa 03 Property Address ID# 2 DODO A 0000 .5-2 C ,E%,f L Property ID# 2 2 OOoo Address Property ID# Address Property ID# 12. Additional comments, if any: I (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Signature of Applicant Signature of Owner 35'i CFnsvin� Owners' Mailing Address bc%r #14' Xca A"L 2 7c, Owners' Telephone No. C-,-, 7C 3 TO BE COMPLETED BY ZONING ADMINISTRATOR• USE CODE: RENEWAL DATE: CUP #006-94 PIN; 22—A -50B C, J, Funk P/C Review Date: 10/05/94 CONDITIONAL USE PERMIT #007-94 ANITA FARMER COMMERCIAL OUTDOOR RECREATION GOLF COURSE LOCATION: Millwood Pike (Route 50 East) and turn right on Parkins Mill Road (Route 644), proceed 1.0 miles, property is on the right. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 76-A-138 PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) Land use - vacant ADJOINING PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas), Land use -- residential, agriculture PROPOSED USE: Commercial Outdoor Recreation, Golf Course REVIEW EVALUATIONS: Virginia Department of Transportation: See attached comments Fire Marshall: See attached comments Inspections Department: Buildings shall comply with the Virginia Uniform Statewide Building Code and the BOCA National Building Code/1993. Other codes that apply are Title 28, Code of Federal Regulation and Part 36, Nondiscrimination on the Basis of Disability by Public. Plat showing building size, location use, accessible ADA parking and access before structural Use Group can be commented on. Health Department: See attached letter dated August 24, 1994 Page 2 Planning Department: Commercial outdoor recreation facilities are a permitted use in the Rural Area Zoning District with an approved Conditional Use Permit. In the review agency comments from the VDOT they state that the applicant should be aware this property could be affected by the proposed Route 37 East corridor. The option "C" route for 37 as envisioned up to this point, would put the proposed road slightly to the northwest of this proposed golf course. We believe the VDOT comment should be interpreted to mean that the 37 East corridor is not locked down as yet and adjustments could possibly be made that may in fact impact this property. Staff does not feel that the proposed highway location should have any impact on the decision to permit or deny this request. A commercial entrance off West Parkins Mill Road (Route 644) will be required for this use. The Health Department has stated in their comments that the site had not been evaluated but that the soils in this area are generally severe and the possibility of a perk site very remote. They suggested public sewer and water to serve the proposed facility. This property is outside the Comprehensive Plan sewer and water service area so it cannot be serviced by public sewer and water at this time. The applicant is in the process of acquiring a permit for an aerobic system to serve this facility. They will have status information available when this application is presented to the Commission. If this application is approved, the approval will need to be contingent upon acquisition and installation of an adequate health system to service the facility. A detailed site plan will need to be submitted for the development of this facility if approved. Most of the significant issues that remain unanswered at this time will be required to be adequately addressed at the site plan stage. STAFF RECOMMENDATION FOR OCTOBER 5 1994 PC MEETING: Approval with the following conditions: 1. This conditional use shall conform with all applicable regulations of the Rural Area (RA) Zoning District where it is located. 2. All review agency requirements and comments must be addressed and completed prior to any public use of the facility. 3. A detailed site plan that meets all of the requirements of the Zoning Ordinance must be submitted and approved. 4. The site plan must adequately address stormwater management for the entire site. VDOT COMMENTS No objection to a conditional use permit being issued for this property. However, prior to operation of the business, a commercial entrance must be constructed to meet our minimum design standards to allow for safe egress and ingress of the property. A site plan prepared by a licensed professional engineer which details the entrance designs, drainage features and traffic flow data must also be submitted for review. The proposed entrance location shown on the Preliminary Routing Plan "A" may have to be shifted in order to obtain our minimum sight distance requirements. Any work performed on the State's right-of-way must be covered under a Land Use Permit. The permit is issued by this office and requires an inspection fee and surety bond coverage. The applicant should be aware this property could be affected by the proposed Route 37 east corridor. Hydrant Locations; See Notes Adequate Inadequate Not Identified X Siamese Connection Location; Approved Not Approved Not Identified X Additional Comments: 1 Additional fire and rescue issues will be addressed at the time of site plan submittal 2) Site plan should show fire lanes and access to buildings which house fertilizers, pesticides—_and chemicals. 3) Close adherence to the building code _and _fire code will be required for chemical storage and golf cart fuelincr/battery charging operations: 4) Burning of land clearing debris requires permits from the Fire Marshal's Office. 5 Post temporary street address signage as soon as construction begins on site. Re w _T ate,, .5l hr Douglas A. Kiracofe Fire Marshal COUNTY OF FREDERICK, VIRGINIA FIRE MARSHAL'S OFFICE LAND DEVELOPMENT COMMENTS Control No. 0824941630 Date Received 082494 Date Reviewed 090794 Applicant Name Eddie Farmer Address 1824 Valley Avenue Winchester, VA 22601 Project Name C.U.P. Phone No. 703-662-5100 Type of Application C.U.P. Current Zoning A-2 1st Due Fire Co. 18 1st Due Rescue Co. 18 Election District Shawnee RECOMMENDATIONS Automatic Sprinkler System X Residential Sprinkler System Automatic Fire Alarm System X Other Emergency Vehicle Access; Adequate Inadequate Fire Lanes Required; Yes Comments Roadway/Aisleway Widths; Adequate Inadequate Special Hazards Noted; Yes Comments Not Identified X I Not Identified X No X - Continued - Lord Fairfax Environmental Health District 800 Smithfield Avenue P. O. Box 2056 Winchester, Virginia 22604 (703) 722-3480 FAX (703) 722-3479 Counties of Clarke, Frederick, Page, Shenandoah, Warren, and City of Winchester August 24, 1994 This letter is in response to a REQUEST FOR CONDITIONAL USE PERMITS COMMENTS from the Frederick County Health Department, for a property owner by Eddie M. Farmer. At the present time this parcel has not been evaluated by the Frederick County Health Department for the type of facility proposed. In general this area has severe restrictions for onsite sewage disposal systems, according to "Soil Survey of Frederick County, Virginia. (See attached map and soil descriptions.) It would be best if central sewer and water were to serve the proposed facility. In order for the Health Department to comment further a specific soil and site evaluation would need to be conducted. Frank R. Lee EnvironmentalHealthSpecialistSenior T11DHGNIA�H PmwlimYou AmdM" EMWMWKW 1 2 110 000 FEET 9B 91C3B 113, .. 1 3B r • :x 9B 'Ic IB 16 gC \ 41C '^ IB - n t3B } ! 36 r 9c o \ > ti. 'o 9c lu r 1B 41D 3 1 18 41C 413 ye: 96 41E 96 w� , 1 B I ]23 9� 1 Ix \ I41E a1D 9B 9B 41E \ Y 4E. 9 41C r 3y •,� ! / q 1B a 9 cc q t �[C \ 9C�.. U 9C } 9B J jt 9C gas 4 1C, alE } 9C '� J 41E 9B - _ a A � 1B �� :-: 81111 • 44 448 1B r+ 41Dt9C ' 416 , 41C \ 41C 34,E 3a 98 1B 41E -.41E IB 41C c *• a! y t .F. o B 18 �' jT t 1B ` 41D t ' A1E, 98 9G tis, S1 a \\\ B p 41C IB 1C. 41C 4147 5�` 43 1 3641D 9B 1C 1C 18 38 41C 1B 41 D' I 1 C j,:41 d �► -ter 18 wa g -w W 16 41D 41B. sig ' �C ti. 1 +. 1 C v ?j 41C.3B 1B 41E 443208p i r ' 96 113 � 416 . W 1 �: Y;•' 4, 41D 41C 98 I 1 p \ ? 1C 41B 41 ' \ � I 41D 41D 41E ,'� 16 it 1l 41D 9B 416 �,...J'•., 1B �... Pr 9B 1 C 41Ca\G ' r 41D, 41E, 96 41C ti 34 38 98 41D\ :. J y.: 96 1C f 1C 41❑ • 32 41C 3B 11Cj 41D 41B 41p 41C 9B 36 1 F. l 1B 41E 36 m 3B 41B ett 18 Frederick County, Virginia TABLE II. --SANITARY FACILITIES --Continued Soil name and 'Septic tank ' Sewage lagoon ' Trench ' Area I Daily cover map symbol I absorption I areas I sanitary I sanitary for landfill fields landfill , landfill 41B*: ' Weikert------------ (Severe: depth to rock. Berks -------------- 'Severe: I depth to rock. 41C*: Weikert------------ 'Severe: ' depth to rock. i I Berks --------------'Severe: depth to rock. 41D*, 41E*: ' Weikert------------Severe: slope, ' depth to rock. Berks -------------- (Severe: ' depth to rock, slope. 42C*: Weikert------------ 'Severe: ' depth to rock. i Berks --------------'Severe: depth to rock. i 42D*, 42E*: ' Weikert------------'Severe: Islope, depth to rock. Berks --------------'Severe: depth to rock, 'slope. 43 ------------------(Severe: Wheeling ' poor filter. 44B -----------------'Severe: I peres slowly, I wetness. See footnote at end of table. Severe: depth to rock, seepage. 'Severe: seepage, depth to rock. Severe: slope, depth to rock, seepage. 'Severe: slope, ' seepage, depth to rock. 'Severe- slope"' Severe: slope, I depth to rock, seepage. 'Severe: ' slope, 'seepage, depth to rock. 'Severe: ' slope, ' depth to rock, I seepage. 'Severe: slope, ' depth to rock, I seepage. 'Severe: islope, depth to rock, I seepage. 'Severe: I slope, I depth to rock, seepage. Severe: seepage. Severe: wetness. I 'Severe: ' depth to rock, I seepage. 'Severe: ' depth to rock, + seepage. I 'Severe: depth to rock, seepage. Severe: depth to rock, seepage. Severe: slope, depth to rock, seepage. Severe: slope, depth to rock, seepage. I 'Severe: seepage, depth to rock. 'Severe: 'seepage, depth to rock. I ;Severe: I seepage, depth to rock. Severe: seepage, depth to rock. 'Severe- slope'. Severe: I slope, I seepage, depth to rock. 'Severe: I seepage, slope, ' depth to rock. Severe: 'Severe: depth to rock, ' seepage, seepage. , depth to rock. 'Severe: ' depth to rock, I seepage. 'Severe: Slope, 'depth to rock, I seepage. 'Severe: ' slope, ' depth to rock, I seepage. 'Severe: I seepage. 'Severe: too clayey. 'Severe: 'seepage, depth to rock, I 'Severe: ' slope, seepage, depth to rock. 'Poor: I area reclaim, 'seepage, small stones. 'Poor: ' small stones, ' area reclaim. Poor: I area reclaim, seepage, small stones. Poor: ' small stones, I area reclaim. I I 'Poor: ' slo e P , area reclaim, I seepage. iPoor: small stones, ' slope, area reclaim. 'Poor: I area reclaim, I seepage, I small stones. 'Poor: I small stones, area reclaim. iPoor: I slope, I area reclaim, seepage. 'Severe: 'Poor: I seepage, small stones, slope, I slope, I depth to rock. I I area reclaim. 'Slight -----------'Fair: I I thin layer. 'Moderate: 'Poor: iwetness. ! too clayey, hard to pac". 169 162 TABLE 11. --SANITARY FACILITIES (Some terms that describe restrictive soil features are defined in the Glossary. See text for "slight," "good," and other terms. Absence of an entry indicates that thenansoil conditsoil was not rated information in this table indicates the dominant ion but does not eliminate the nae onsite investigation) Soil name and I Septic tank map symbol absorption I fields 1B ------------------ 'Severe• Berks i depth to rock. 1C ------------------'Severe: Berks depth to rock. I 2 -------------------'Severe: Birdsboro wetness. 3B ------------------'Severe: Blairton ' depth to rock, wetness, peres slowly. �-------------------ISevere: lairton ' depth to rock, wetness, I peres slowly. 4B ------------------'Severe: Buchanan 'wetness, I peres slowly. 4C ------------------'Severe: Buchanan ' wetness, I peres slowly. 5B ------------------'Severe: Carbo I depth to rock, ' peres slowly. 5C----arbo - - ISevere: I depth to rock, I peres slowly. I t i 6C*: ' Carbo --------------'Severe: I I depth to rock, I I peres slowly. Oaklet------------- 'Severe: I I peres slowly. ' ' I I I See footnote at end of table. Sewage lagoon areas 'Severe: seepage, depth to rock. I'Severe: 'slope, seepage, ' depth to rock. 'Severe: I seepage, flooding. 'Severe: ' depth to rock, wetness. I 'Severe: ' depth to rock, ' slope, wetness. 'Severe: I wetness. 'Severe: slope, wetness. 'Severe: I depth to rock. ' 'Severe: I slope, depth to rock. Severe: slope, depth to rock. Severe: slope. Trench sanitary landfill 'Severe: ' depth to rock, I seepage. 'Severe: ' depth to rock, seepage. 'Severe: I seepage, ' wetness. ISevere: ' depth to rock, wetness. I 'Severe: II depth to rock, wetness. 'Severe: I wetness. 'Severe: I wetness. 'Severe: I depth to rock, I too clayey. I 'Severe: ' depth to rock, I too clayey. ' 'Severe: I depth to rock, I too clayey. 'Severe: I too clayey. i Area ' Dail" sanitary landfill for la I Severe: 'Poor: seepage, depth to rock.I small 31 wetness. area ret ;Severe: Poor: seepage, small s depth to rock. I area re Severe: 'Fair: wetness. ' too cla, 'Poor: small si Severe: depth to rock, wetness. 'Severe: ' depth to rock, wetness. iSevere: wetness. Severe: wetness. Severe: depth to rock. Severe: depth to rock. 'Severe: I depth to rock. ' 'Moderate: I slope. Poor: area small Poor: area re small s 'oor: small st wetness. CoU t `; out(. rc 'Poor:,; --'- ' small stones" I wetness. 'Poor: C----- ' depth to roCkt Cekalb too clayey, hard to pack` FSS Se 1)ekalb 'Poor: depth to roc)cs too clayey,. ' hard to pack." 3B---- 'Poor: Franks. ' depth to rocks �'. E, too clayey, hard to pack.:+, 'Poor::: 1 1Frank! ' too clayey, hard to pack.',. L3D, 1 _ Frank FSS Se Submittal Deadline 9/09/94 P/C Meeting 10/05/94 BOS Meeting 10/26/94 APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. A licant (The applicant if the owner X other) NAME: EDDIE M. FARMER ADDRESS: 1824 Valley Avenue, Winchester, VA 22601 TELEPHONE 703-662-5100 2. Please list all owners, occupants, or parties in interest of the property: Eddie M. Farmer Anita P. Farmer 0. Gary Vanmeter Laura S. Vanmeter Alma B. Shade 3. The property is located at: (please give exact directions and include the route number of your road or street) Rt> 30E - 4.7 miles, turn right on Rt. 644 - 1.0 mile, property on right 4. The property has a road frontage of 405 feet and a depth of 3290' (W)/3140' (E) feet and consists of 16C+ acres. (Please be exact) Property is 1p;m sirvWed. 5. The property is owned by Alma B. Shade as evidenced by deed from Will Book 72 P. 704 recorded (previous owner) in deed book no. 185 on page 354 as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. 14 -Digit Property Identification No. 76000OA0001380 Magisterial District Shawnee Current Zoning Xg R 7. Adjoining Property: USE ZONING North Farm RA East Residential RA South Residential RA West Residential RA 8. The type of use proposed is (consult with the Planning Dept. before completing) Commercial Outdoor Recreational (Golf Course) 9. It is proposed that the following buildings will be constructed: Club House (Pro Shop and Snack Bar) Golf Cart Storage Building (Open) - Maintenance Building 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 Fort Hill Farm, L.P. c/o Paul Dennison Address 1669 Front Royal Pike, Winchester, VA 2260" Property ID# 76000OA0000960 / 76000OA000096B Walter S. Good Vickie N. Good Address 671 W. Parkins Mill Road, Winchester, VA 226 Property ID# 76000OA000138A Steven L. Kackley Address 669 W. Parkins Mill Road, Winchester, VA 22 Property ID# 76000OA0001310 Keith A. Wilson Address 2264 Paper Mill Road, Winchester, VA 22602 Property ID# 76000OA0001370 Eugene F. Grove Barbara A. Grove Address 340 W. Parkins Mill Road, Winchester, VA 2 E Property ID# 76000OA000137C Ester Shriver Address 3648 Washington Blvd, Baltimore, MD 21227 Property ID# 76000OA0001330 )2 )2 ,02 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 x5� : ��� \ r Owners' Mailing Address 15`arl� f�-k_�C Owners' Telephone No. `-ll�`3 �1,�� - 01-x- l", TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: 1 96 968 8 IF 138 est °rkm, HN! Roed 96A l 1494 !7D A � 130A Rr. saa '� ar 97 / 978 97C 1308 rreek 163 178 vl� 1139 120A r t13A/ 122 111 /�� 149 °P ey i56 \ Y 1d � 1 123 146B � t0A y � p ? *4 159A 159C 3 177 �s 139 O159E 8 1 „� 6' 12f 1016 mr �'2 nts. 5 A 1 • / 0 161 �4✓ °A � g s,, 11 • 3 gas a iso lr ee F 8 IF 138 est °rkm, HN! Roed 96A l 1494 !7D A � 130A Rr. saa '� ar 97 / 978 97C 1308 rreek 163 178 vl� 1139 120A r t13A/ 122 111 /�� 149 137A � 0 � 20A 137C 20 21 h e� 23 22 Y R�b� 36 136A 24 Mai I �o�m9 1368 a -n 25 26 Location Map for PIN: 76--A-138 Anita P. Farmer °P ey i56 \ Y 1d � 1 123 146B � t0A y � p y SHAD - 3 177 �s 139 A 8 1 „� 6' 12f 1016 mr 5 A 1 • 4 0 e 74A a °A � g 1408 11 • 3 gas a iso lr ee F 179140 0 1388 4 9 I39 143 141 "� g ]3� 137A � 0 � 20A 137C 20 21 h e� 23 22 Y R�b� 36 136A 24 Mai I �o�m9 1368 a -n 25 26 Location Map for PIN: 76--A-138 Anita P. Farmer °P ey i56 1A ' 11 r 75 w 6D0 qmt a 14 2 y SHAD 139 A 8 1 „� 16 e 6 • 0 e 74A a °A � g 11 3 2 lr ee F 1388 4 9 12 4� l N 88 5 g 70 �f 8A ^� ss 1 � 69 68 � 7A 6A 1371i'� � °''aO., a/ r4 64,5. 0� ze1-4o 137 19 / M 15 137A � 0 � 20A 137C 20 21 h e� 23 22 Y R�b� 36 136A 24 Mai I �o�m9 1368 a -n 25 26 Location Map for PIN: 76--A-138 Anita P. Farmer P/C Review Date: 10/05/94 CONDITIONAL USE PERMIT 9008-94 DONALD E. COOK AUTOMOBILE GARAGE W/O BODY REPAIR LOCATION: 2712 Martinsburg Pike MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 44-A-62 PROPERTY ZONING & PRESENT USE• Zoned RA (Rural Areas) Land use - residential ADJOINING PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) MH -1 (Mobile Home) Land use - residential PROPOSED USE: Automobile garage w/o body repair REVIEW EVALUATIONS: Virginia Department of Transportation: VDOT minimum sight distance requirements are met to allow for construction of a commercial entrance at this location. Fire Marshall: Access to structures must be maintained at all times. 1) Facility will have to be in compliance with all sections of the Virginia Fire Prevention Code at all times. 2) Any flammable liquids will be required to be stored in approved flammable liquid cabinets. Inspections Department: Building shall comply with the Virginia Uniform Statewide Building Code and Section 311 Use Group S (Storage) of the BOCA National Building Code/1993. Other codes that apply are titled 28 Code of Federal Regulation, Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities. Permit required shall be a change of use on existing building. NOTE: Table 705.2 BOCA for Code Administration Signature and Date. Page 2 Health Department: See attached letter dated September 1, 1994 Planning Department: The Zoning Ordinance permits this use with an approved Conditional Use Permit. Proposed use is to be conducted in a 3 -bay garage behind the applicants home. There are other homes on either side of this property so the applicant must be sensitive to the residential character of the neighborhood. During a visit to this location on September 20, 1994 it was observed that 2 inoperative vehicles were located on the property. The applicant was advised that these vehicles would need to be removed from the property or screened in accordance with the ordinance requirement. Conditions should be placed on this permit that will adequately protect the adjoining residences. STAFF RECOMMENDATION FOR OCTOBER 5, 1994 PC MEETING• Approval with the following conditions: 1. All work will take place inside the garage intended for this use. 2. No outside storage of parts or supplies shall be allowed. 3. No inoperative vehicles shall be openly displayed on the property at any time. 4. Hours of operation shall be limited to 7:00 AM to 9:00 PM Monday thru Saturday. 5. All review agency comments must be complied with at all times. Lord Fairfax Environmental Health District 800 Smithfield Avenue P. O. Box 2056 j Winchester, Vir inia 22604 (703) 722-3480 FAX (703) 722-3479 Counties of.- Clarke, Frederick, Page, Shenandoah. Warren, and City of Winchester September 1, 1994 Mr. Donald E. Cook P.O. Sox 39 Stephenson, Va. 22656 Re: Request for Conditional Use Comments; TM# 44-A-62 Dear Mr. Cook, The existing septic system serving your home was evaluated today, and it appeared to be functioning properly since no apparent failure was found in the drainfield area. The system was not uncovered as per present health department policy dated June 2, 1994. Therefore, the exact location of the system was not determined. A gravelled driveway appeared to have been placed over a portion of the drainfield. It is recommended that you limit traffic over this area to avoid any damage to the septic system. Based on the above noted evaluation, the health department has no objection to your proposal to operate an automobile repair garage as long as you are the sole employee and no additional wastes are produced by the operation. Please call me if you have any questions about this letter. Sincerely, Doug Dailey Environmental Health Specialist Senior DD/DD FI VIRGINIA DEPARTAONT DOF HEALTH PYokrf W You +d Yov f„v�or�rwvN Submittal Deadline P/C Meeting SOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA ef 1. Applicant (The applicant if the owner other) NAME: ADDRESS: N0 , (`�v 7�9 SIL 1)k nncr, n.^ TELEPHONE ' )1) '�k -- In L ..) - 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) e, &JL-zZlIney) 4. The propert has a road frontage of QQ�o feet and a depth of feet and consists of (Please be exact) ffacr�s. c 5. The property is owned by %I (' h a ,,q6 ; ( as by deed from r ��- evidenced corded �Q� ( evious owne ) in deed book no. -� on page _� , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. 14 -Digit Property Ident Magisterial District Current Zoning lEa K f ication No.7� - - 5 / ! nA�%—n l% 7. Adjoining Property: USE l ( CIN, ONING North IninueEn'-e �� It East 73`,cC r -! Southfor - West <� �� cin r The type of use pro before completing) he Planning Dept. 9. It is proposed that the following buildings will be constructed: 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides, rear and in front of (also across street from) the property where requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this application: (PLEASE LIST COMPLETE 14 -DIGIT NUMBER. NAME REPA.I l� L../!1/Y qQ0 uc( k" cit f5i9-•�cu1e, Address1 � /i Property ID# 7 Addressa� Property ID# Addressa Property ID# LJ L4 '17 �C�c� •r��"� Address Property ID# 4 Lf�P Address Property ID# Address Property ID# M 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 P. J Owners' Telephone No.3-662— / Gi TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: 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. r 'i r ql•5 7 Conditional Use Permit PIN: 44-A-62 Donald E. Cook PC REVIEW: 10/05/94 SITE PLAN 026-94 TACO BELL RESTAURANT LOCATION: Corner of Welltown Road (Route 661) and Martinsburg Pike (US Route 11) . MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 43-2-A PROPERTY ZONING & PRESENT USE• Zoned B2 (Business General) - Current Land Use: vacant ADJOINING PROPERTY ZONING & USE: Zoned B2 (Business General) and M1 (Light Industrial) - Current Land Use: Manufacturing and Banking. PROPOSED USE: Restaurant REVIEW EVALUATION: Virginia Dept. of Transportation: See attached letters from Robert B. Childress dated June 13, 1994; September 16, 1994; and September 16 1994. Sanitation Authorit First review eight items correct and resubmit. Inspections Dept.: Building shall comply with the Virginia Uniform Statewide Building Code and Section 303 Use Group A (Assembly) of the BOCA National Building Code/1993. Other Codes that apply are title 28 Code of Federal Regulation, Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities. Other permit required shall be demolition for tank removal and building permit for sign to be installed by a licensed contractor. A/E seal is required on building plans and sign foundation design. Fire Marshal: See attached comments. County Engineer: Comments are pending. City of Winchester_ See attached letter dated September 14, 1994, from Jesse W. Moffett. Planning & zoning: Staff has had an opportunity to review a site plan for the proposed restaurant. Staff believes that the following items need to be discussed prior to the recommendation for approval of this site plan: 1) Access - This site is located near the intersection of Welltown Road (Route 661) and Martinsburg Pike (Route 11). This area experiences a high average daily traffic count due to existing land uses and the proximity to industrial parks. The adjoining property owner is in the process of developing plans for a restaurant, service station, and car wash. Staff believes that it is important to provide a connection between these properties. This will provide vehicle access without utilizing the overloaded intersection area. The Virginia Department of Transportation (VDOT) has suggested that an access road be developed in front of the Taco Bell and adjoining property. VDOT will allow this access road to be developed on their right-of-way because they believe that it will function more efficiently. The applicant is proposing an intra -parcel connector in the rear of the site. This is located in the area that is proposed for patron parking, and calls for the installation of a speed bump. 2) Entrance Spacing Requirements - Staff has asked the applicant to indicate the existing entrances along Welltown Road (Route 661) that are within 100 feet of the proposed entrance. Staff needs this information to ensure that the minimum driveway spacing requirements for collector roads is met. STAFF RECOMMENDATIONS OF 10/5/94: Approval, provided that the applicant address all review agency comments, as well as all comments and concerns of the Planning Commission. COINE ONWEALTH of VIRCjINIA DEPARTMENT OF TRANSPORTATION P. 0. BOX 278 DAVID R. GEHR EDINBURG, 2282,1 COMMISSIONER (703) 984-5611 June 13, 1994 Mr. Robert W. Watkins, Planning Director Frederick County Dept. of Planning P. O. Box 601 Winchester, VA 22604 Dear Mr. Watkins: \/,AL' J %, A -rr' WILLIAM H. BUSHMAN, P.E. RESIOV.- :'-G.' ' E E -P TELEI7C: ::=-;6C0 FAX (7C?- r1-EE07 Ref: Route 11;37; 661 Frederick County We have recently received preliminary development plans for the referenced location. In parti:ular. G. W. Clifford & Associates has submitted a plan for a proposed Burger King Restaurant, Amoco Ser ice Station, carwash and office building on the First Virginia Bank property. In & Company has submitted plans for a proposed Taco Bell Restaurant on property owned by Mr. Paul D. Muldo" ne%". Both plans specify an entrance onto Welltown Pike (Route 661) at different locations and appear to conflict with one another. We have had several discussions with Mr. C. E. Maddox, Jr. of G. W. Clifford & Associates over past months about a possible joint entrance/service access road onto Route 661 to serve both properties. A large portion of this service access road would be constructed on VDOT right-of-way due to it width at this location. When considering the current alignment of Route 661 and available frontages of the properties involved, this concept may be the best possible scenario. Both parties of course would have to agree to this concept. I did speak with Mr. Muldownev and Mr. Tudor last week and neither hcd any knowledge of this joint entrance concept. Knowing the nature of both developers involved and the potential for either project to b2-0me "fast tracked", I wanted to write and inform you of the situation. Also of concern is the Route 11 37 661 improvement project. We will be taking a hard look at how our plans will affect these two proje:` and vice versa. We have just begun our review of these preliminary concept plans and will keep your apprised of any comments and/or development. If you have any questions or would want to discuss this matter.. please let me know. Sincerely. William H. Bushman Trans. Resident Engineer By: \Robert B. Childress H«v. Permits & Subd_ Spec. Senior RBC rf xc: \1r, J. B. Diamon,l. Mr. S. A. Melnik -of' Nlr. C= E- f Iaddo.. Jr.. NIr_ Guy Tud017 T�a.`�PUriT->TiVi� [1JR Tr_;J COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION P. 0. BOX 278 RAY D. PETHTEL EDINBURG, 22824 WILLIAM H. BUSHMAN COMMISSIONER RESIDENT ENGINEER TELE(703)984.5600 September 16, 1994 FAX (703) 984.5607 Mr. Evan Wyatt, Planner Ref: Proposed Taco Bell Restaurant Frederick County Dept. of Planning Route 11/37/661 P. O. Box 601 Frederick County Winchester, VA 22604 Dear Mr. Wyatt: This is to follow-up on our recent telephone conversation concerning the referenced project. As discussed, we have no overall objections to the project provided adequate access to the site is provided and impacts on the adjacent Route 11/37/661 intersection are considered. As you know, we received the project site plan on September 14, 1994 and have therefore only just begun our review. However, after a first glance of the plan we would like to offer the following. There is currently 7,000 vehicles per day on this section of Welltown Pike (Route 661). There is no doubt this project coupled with the proposed Burger King/Amoco Service Station/Car Wash on the property to the southwest will increase this number and further impact the adjacent Route 11/37 signalized intersection. In an attempt to ease the increased burden on the intersection, especially from east bound Route 661 traffic, a service access road concept built partially on our right-of-way was original discussed (see copy of letter to Mr. R. W. Watkins dated June 13, 1994 concerning this issue). The service access road is not being proposed in this design. However, a intra -parcel connector is being provided on the rear of the lot. Although the connector will allow for access between the two properties, we do not believe it will obtain the same desired affect as the service access road concept. Our basis for this conclusion is that a service road in front of a restaurant is certainly more visible and therefore more attractive to motorists. The location of the intra -parcel connector behind the Taco Bell Restaurant and the use of asphalt speed control bumps will most probably deter its use. TRANSPORTATION FOR THE 21ST CENTURY Mr. Evan Wyatt Ref: Proposed Taco Sell Restaurant, Route 11/37/66I Frederick County September 16, 1994 Page 2 I also noticed the designer is proposing an entrance sign on the Route 661 right-of-way. State law does not allow for the installation of private advertisement signs on highway rights-of-way. Therefore, the sign will need to be relocated to private property. We question the need for a sign anyway when motorists from Route 11 /37/661 will have an unobstructed view of the facility. Once we have finished our review of the site plan, we will forward any additional comments to you. In the meantime if you have any questions or would like to discuss the project further, please let me know. Sincerely, William H. Bushman Trans. Resident Engineer By: Robert B. Childress Trans. Permits & Subdivision Specialist Supervisor RBC/rf Enclosure xc: Mr. J. B. Diamond Mr. S. A. Melnikoff COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION P. O. BOX 278 RAY D. PETHTEL EDINBURG, 22824 WILLIAM H. BUSHMAN COMMISSIONER RESIDENT ENGINEER Se tember 16, 1994 TELE(703)984.56M P FAX (703) 964.5607 Mr. Guy C. Tudor Ref: Proposed Taco Bell Restaurant C/O Ingram, Tudor & Company, P.L.C. Route 661/11/37 Route 2, Box 240 Frederick County, VA Mt. Crawford, VA 22841 Dear Mr. Tudor: We have received your site plan dated September 13, 1994 for the referenced project. We have forwarded it to our District Office in Staunton for review. Once we receive any comments we will forward same to you. Our review time at present for a site plan of this nature is approximately thirty to sixty days. In the meantime if you have any questions, please feel free to give me a call. RBC/rf xc: Mr. S. A. Melnikoff Mr. R. W. Watkins Sincerely, William H. Bushman Trans. Resident Engineer By: Robert B. Childress Trans. Permits & Subdivision Specialist Supervisor TRANSPORTATION FOR THE 21 ST CENTURY SeR-20-s 4 -"UE S 25 ]7 L I NGRAM P _ @5 COUNTY OF FREDERICZ, VIRGINIA, FIRE MAMEALI S OFFICE LAUITO OEVELOPM IT COMMENTS Corwrol ATG. 09215"1 27 Date ReCeived -082-41A Date Reviewed 010 -12 -4 - Applicant 0 - applicant liar„e .M- «. , = rS Tr Address 385 west R;o Road. &uita 204 +-1 o f sv . V --22901 rQ4C ect Name Tarm-Se71 EP'Staurant_ phora No. -- 3_2' :2-A3I- Tyre o! AppliCaticll it Curreat Zoning _ est. Due Fire Co. .1L 1st Due Rescue Co. -J.E�,,t_on Distract . S_t©ngwal _. RECOMME'�IDATIONS Automatic Sprinkler system ., P.esidential spzinxier System Automatic F; re ;tea=, System ,, . -- Other Erc arsp=cy vehicle Access; Ad8X-MaCa X--- inadequate Nct identified Firo I:ar_as :te srea; Yes .---X No lana •^ ' z d dart �.oc t ** sit__Slam to allurr,^. Roadway/Aisleway Widths; Not Identified special hazards Doted; Yes NO x comments , - ccntinuaw - S E R— 2 0— S 4 T U E SEES -14 -�4 WED 08;35 MGERSUSTEERS FAX NO, 8048741853 P. 03 F_yCtrant. wacaticns; See Notes i?c1:aL� - adequate _ x Not �deatifisd Szam��a :orxection �ocat4 ort; Approved Not Approved Not Tdentz icd Addi6tcm ? catiw:rze nts s F? rant i r_eedec' cr. si s a ^.+.ra:: Ttifi. w M c7' t3bG w* :':2 iRR j cart Ot± AucugZ 31,� .��...�,.'C�e� .4s`--�� mairltad.zed Use D =able %&jtMrM_ gurillSE-S21d wma'3`;h, r mf st gglnpl_W4' v ''C'llL4 Fire ?revel, Llo,? tcrav ad . s�.y�:i'�•I �� i'� s ' C � *�ousiaa .�,. �Ciracaa i ra Ma:. zvhal SEP -22- 4 THIJ 1 1 1 3 Il L I N vR 1-4 ill CITY QE WINCHESTER, VIRGINIA September 14, 1994 Mr. Guy C, Tudor Ingram - Tudor & Company, P.L.C. Roula 2, Box 204 Motrmt Crawford, Virginia 22341 RE: Taco Bell Restaurant on Welltown Road Dear Mr. Tudor: SEP j%4 aECEn/ED ow, of KMNONa Rouse City Flail 15 North Cameron Street. Wimhester, VA 22601 703-667-1815 FAX 703-722.3618 TDD 703-722-0782 I certainly appreciate the advance copy of the site plass for the Taco Bell site. It is my understanding from reviewing this site plan that it is anticipated that the Taco Bell will be served by the Frederick County Sanitation Authority. In addition, the Superior Block Company water service will be transferred from the City of Winchester to the Frederick County Sanitation Authority. I have the following comments regarding these issues, Regarding the note on the site plant indicating the existing water meter to be abandoned by the City of Winchester, I think it would be more appropriate to say that contractor shall abandon existing City of Winchester water service. Abandonment shall be made at tap to existing City water line. Of course we would like to have the meter returned to us. In addition to this same issue, I note that new meter setter and lateral will be installed for Superior Block and tied to the Sanitation Authority's water main. It would be appropriate that a formal request be mode to the City regarding this change in service. I am not aware of any such request being made at this time. Other than the above items, I see nothing wrong with the proposed service request. If you have any questions regarding this matter, please feel free to contact me. bhm cerely, else W. Moffett Director - Public Utilities "THE APPLE CAPITAL" ... S E P- 2 0- 9 4 T U E 2= 2 4 D L_ I N G R A M P 0 2 §ITE PLAN APPLICATION the followi us aypli_cation:_ Location of Property: Corner of Welltown Road (by street :dame) DATE Sept. 20, 1994 APPLICATION 3. Property owner: Burger Busters, Inc. I- Development Taco Bell Restaurant 2. Location of Property: Corner of Welltown Road (by street :dame) (Stare Route 661) and Martinsburg Pike (U.S. Route 11) 3. Property owner: Burger Busters, Inc. Address: 355 West Rio Road, Suite 204 Charlottesville, Virginia 22901 Telephone: (804) 973-1491 4. Applicant /Agent: Same A.d�3rEss: Telephone: S. L$signer: Ingram -Tudor $ Co., P.T.C. Address: Route 2, Box 204 Mount Crawford, Vi'rgi.nia 22841 Telephone: ('703) 828-2778 Contact: Gray C. Tudor, P.E. 6. -Ls this an original or revised Site Plan? original x Revised -5- S E -20-94 TUE 8' : 24 D L I NGRAiM 7. Total area of parcel to be developed: 0.8400 Acre 11 0. Property Intormation: a) Property TD ZO: L,) current Zoning: c) Present Use: d) Proposed Use: e) Adjoining Property Zoning: ,f) Adjoining Property Use: g) Magisterial District: 43 ((2) ) Parcel A B2 Manufacturing Restaurant kil &.B2 Manufacturing & Banking Gainesboro I have read the material included in this package and understand what is required by the Frederick County Planning Department. I also understand that all required material will be complete prior to the submission of my site plan. Signature: Date: 4 _ PC REVIEW: 10/05/94 MASTER DEVELOPMENT PLAN #006-94 SILVER DEVELOPMENT COMPANIES LOCATION: North side of Airport Road (Route 645) just East of Front Royal Pike (Route 522) MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 64 -A -45C PROPERTY ZONING & PRESENT USE: Zoned RP (Residential Performance) Current Land Use: vacant ADJOINING PROPERTY ZONING & USE: B-2 (General Business) - vacant; RA (Rural Areas) - residential; RP (Residential Performance) residential and vacant PROPOSED USE: Townhouses and Garden Apartments REVIEW EVALUATION: Virginia Dept. of Transportation• No objection to the revised master development plan for this property. Prior to making final comments this office will require a complete set of site plans which detail entrance(s) design and drainage features. Traffic flow data from the ITE Trip Generation Manual, 4th Edition will also be needed for review. The data should include all phases of proposed development including the existing phase of the Preston Place project on the south side of Route 645. A left and/or right turn lane(s) may be required. Prior to construction on VDOT right-of-way the developer will be required to apply for issuance of necessary Land Use Permits. Sanitation Authority• First review approved. Inspections Dept • Building shall comply with the Virginia Uniform Statewide Building Code and Section 310 Use Group R (Residential) of the BOCA National Building Code/1993. Other Codes that apply are title IV Code of Federal Regulation, Part 36 Nondiscrimination on the Basis of Disability. Fire Marshal: Please see attached sheet dated 7/21/94. Parks and Recreation: Revised MDP appears to meet open space requirements. More information regarding required recreational units is needed prior to any comments on the aspect of the project. Please refer to Planning Staff comments regarding recreational amenities. County Engineer: We have no specific review comments at this time. A detailed review will be made at the time of the site plan submission. Our review will emphasize stormwater management, erosion and sediment control and site grading. Planning & Zoning: Currently, the applicant has an approved Master Development Plan that permits the construction of 117 townhouse units on 22 acres. This approved master development plan provides for an overall gross density of 5.3 units per acre. Recently, staff has received a proposed revision to this master development plan that calls for the construction of townhouse units and garden apartment units. Staff has specific concerns regarding this proposal which are described in detail as follows: 1) Allowable Gross Density: The allowable gross density for residential developments which contain more than 10 acres and less than 100 acres is 5.5 dwelling units per acre. The revision to this master development plan proposes 156 dwelling units which creates an overall gross density of 7.09 dwelling units per acre. This exceeds the allowable gross density requirements. The applicant has questioned the possibility of being vested for this design (please refer to letter to Robert Watkins from Francis A. McDermott, dated September 22, 1994). They have indicated that design for this project began prior to the adoption of the allowable gross density amendments. These amendments were adopted on May 11, 1994. The date block of this plan indicates that design was complete on July 12, 1994. Staff has forwarded a request to the Commonwealth Attorney for an opinion regarding this matter. Staff hopes to have an opinion from the Commonwealth Attorney prior to the October 5, 1994 Planning Commission meeting. 2) Multifamily Lot Requirements: The Subdivision Ordinance requires lots to be no more than 500 feet from a state maintained road, as measured from the public street along the access route. The townhouse units in phase two, three, and four exceed this requirement. 3) Steep Slope: The master plan that is approved for this project indicates some areas along Airport Road (Route 645) which contain steep slopes. The revised master plan does not indicate these areas, but states that they do exist. The applicant needs to indicate the location of these areas and indicate those portions that will be disturbed. 4) Recreational Facilities: The master plan that is approved for this project provided recreational facilities throughout phase one. These units have been deleted through the revision to this plan. Currently, four recreational units are required based on the approved 117 units. The proposed design would require a minimum of six recreational units; however, only three recreational units are indicated. 5) Road Efficiency Buffers: The approved master development plan requires a road efficiency buffer along Airport Road (Route 645). The revised master development plan does not designate a road efficiency buffer in this area. STAFF RECOMMENDATIONS FOR OCTOBER 5 1994: Denial based on the proposed overall gross density. Staff is willing to recommend approval provided that the applicant reduce the overall gross density to 121 total units, as well as address all review agency comments and all comments and concerns of the Planning Commission and Board of Supervisors. The opinion from the Commonwealth Attorney may also affect the recommendation provided by staff. LUUUNFY OF FREDERICK, VIRGINIA ['IRE MARSRAL'S U!'FIC1� LAND DEVELOPM1 N'1' COMr.1ENTS Control No. 0721 525 Date Received 0721,94 Date Reviewed 081_L94 Applicant Name PAttori Har -HR Rust & ssoc. Address P. O. B x 46 Bri-I--- Project ewProject Name Preston place Phone No. _703-828-U16 Type of Application aster D to ment Current'Zoning RP 1st Due Fire Co.' 18_ 1st Due Rescue Co. 10__ F1 Pct ion District �7S}1_ .qI'/T1pp RECOMMENDATIONS Automatic Sprinkler System Reeidential Sprinkler System A>>rnmatic Fire Alarm System x Other Emergency Vehicle Access; Adequate InadequatE X Pir- L?111�� Rc�uii� l; Nnt. TdPnr i fi Pri Zoo rnmmQntz VQQrod f n V. dt all li,�liaiil. orations and at arkin t entrance islands. Roadway/Aisleway widths; Ade4uAtf-. TfladPgiiiro OP'--Cicnl H Azc11Cla IJuted; Yes Comments Not Idantiiiad _ No X - Continued - P. 4)- Hydrant To(:,.tt ].0115 ; See Nnr.N;a A,1=yuaLe -- inadequ,a r.a Plot Idenr. i f 1 ,,,-I X Siamese Connection Location; ApDrnvpri Not Approvnrj Pd"t It,Lriu�l _ X Add irinnal f'nmmanrq- i 1 Mn laddor trual� ipocoa t- atdl'L,iciiLo onncsite the parkin lots This will be addressed at site nl2r,^ Li ffySL.aiiu ear LO- Oe benlnsi_ prkinct svaces. This will also be addressed during site plan revi.ew_ 3) The narking lot lane to the buildi.ncx furtherest "est la -in excess of Inn' Provide cul-de sac or hammerhead turn aro nd at -the end of Chi arkincT lot lane on site lan. 4 Temporary street signs and street addresses must be posted wh?n construction begins 5) Land clearin_q debris can be burned site Ifter obtainin permit -from the Fire Mar 1'soff'ce. 6 Burning o£ construction debris on site is Oroh.ibited. 7) IJo nartment unit can be more than 5o' from centerline of aarkii1g of traff'c lane. Thip is to facilitate -ladder tr ck accese to upoer-5tories and thQ roof. --8-L Access for emerpency vehicles ust be maintained at 9,11.times durincrconstructs n. 9 2DfL fire extinguishers (ABC type) must be maintained on each float of each Lvilding during csnstructiotl. All other fire eScua_js­g3jes will be addressed on site plan R ee w T i_aLe Th r Douglas A." Kiracofe Fire Mar3hal HUNTON & WILLIAMS ATLANTA, GEORGIA 3030 CHAIN BRIDGE ROAD, SUITE (300 BRUSSELS, BELGIUM KNOXVILLE, TENNESSEE P. O. Box 1147 NEW YORK, NEW YORK NORFOLK, VIRGINIA FAIRFAX, VIRGINIA 22030 TELEPHONE (703) 352 -2200 TELECOPIER (703) 273-6772 September 22, 1994 By Teleco ier and Federal Express Mr. Robert Watkins, Director Frederick County Department of Planning and Development 9 North Loudoun Street Winchester, Virginia 22601 Preston Place Parcel 64 -A -45C Dear Mr. Watkins: RALEIGH, NORTH CAROLINA RICHMOND, VIRGINIA WARSAW, POLAND WASHINGTON, D. C. File: 22648 Direct Dial: 934-8934 Thank you and Kris Tierney for meeting this past Monday with Richard Tremblay of The Silver Companies ("Silver") and with me regarding development of the 22 -acre residue of Silver's 42 -acre Preston Place property, located on the north and south sides of Airport Road, Route 645. As was discussed, the change in the Residential Performance (RP) zoning district adopted by the County Board on May 11, 1994, reducing Silver's maximum allowable density from 8 to 5.5 dwelling units per acre on the north 22 - acre residue, has severe, inequitable impacts on the RP -zoned property. This letter is to set forth the facts based upon which Silver is entitled to develop 156 dwelling units on the remaining 22 -acres as a matter of right. Most importantly, Silver entered into two legally binding contracts for the sale of portions of the 22 -acre property prior to the adoption of the RP zoning amendment. One contract is for 72 apartment units on 5 to 6 acres, and the other contract is for 35 elderly apartments on approximately 3 acres. These contracts were executed, and subsequent engineering work was pursued, in reliance on the 8 dwelling units per acre density which the RP zoning permitted at the time of this Contract, and which zoning density was confirmed by your department prior to our entering into each contract, and was reconfirmed subsequent to the apartment contract. HUNTON & WILLIAMS Mr. Robert Watkins, Director September 22, 1994 Page 2 Our understanding from Monday's meeting is that the Preston Place Revised Master Development Plan for 72 apartments and 84 townhouses on the 22 -acre site will be forwarded to the Planning Commission at its October 5, 1994, meeting for a recommendation, and then to the Board of Supervisors at either the October 12 or October 26, 1994 meeting. As was emphasized in the meeting, the County's action on the Revised Master Development Plan for the 72 apartment units is necessary by the end of October, 1994, in order for the contract purchaser, Castle Development Corporation, to close on the property and lock in Virginia Allocated tax credits for Preston Place Apartments, Phase II. Otherwise, Castle will not be able to requalify for another 12 months. Listed below is a chronology of the relevant actions and approvals on which we rely: Date Event November 2, 1990 Master Development Plan approval for 117 townhouse units on the 22 -acre north parcel. June 14, 1991 Final engineering plans and subdivision plat for 117 townhouse units submitted to the County, showing five development phases. September 23, 1992 Revised Master Plan approval for 120 apartments on 17.3 acres of the south 20 -acre parcel, with the 2.7 -acre balance shown as "future residential". (Total density of the revised master plan is 237 units on 39.3 acres, 6.0 per acre, which is well under the 10 per acre allowed by the RP zoning. December 21, 1992 Closed with Preston Place Associates (Mike McNamara) on 17.3 acres on south side for 120 apartments. Fall, 1993 120 apartment units completed, which included water, sewer and stormwater infrastructure for whole 42 -acre property. December 10, 1993 Silver entered into negotiations with Castle Development Corporation for the sale of approximately 5 to 6 acres of the 22 -acre property for 72 apartments as Phase II of Preston Place apartments. HUNTON & WILLIAMS Mr. Robert Watkins, Director September 22, 1994 Page 3 January 24, 1994 Silver confirmed with Kris Tierney of the Planning Department that RP zoning would permit 72 apartments on approximately 5 to 6 acres of the site and 84 townhouse units on the balance of the property, a total of 156 units, at a gross density of 7 dwelling units per acre. Mr. Tierney advised that the Master Development Plan would have to be revised, but that the RP zoning allowed the intended uses at the intended density. February 3, 1994 Silver executed a contract with Castle Development Corporation for the sale of approximately 5 to 6 acres for 72 apartment units. The contract was based on the fact that the RP zoning allowed for density of 156 units. The 5-6 acre site fits into the Phase One area leaving intact the engineering for Phases Two through Five, but for a total of 84 townhouse units. March 30, 1994 Letter from Kris Tierney to Michael Buseck (Mike McNamara's attorney) confirming that RP zoning allows 10 units per acre. March 31, 1994 Castle Development Corporation, based on the contract, applied to the Virginia Department of Housing and Community Development for tax credits for 72 apartment units. April 5, 1994 Silver entered into negotiations with the Virginia United Methodist Housing Development Corporation for the sale of approximately 3 acres of this north 22 acres for 35 elderly apartments. April 26, 1994 Silver confirmed with the Planning Department staff that the proposed 35 elderly apartment units would be permitted in the RP zoning, as an amendment to the Master Development Plan, which would leave 49 townhouse lots on the 13 -acre balance of the property, for a total of 156 units on the 22 -acres. The 3 -acre site fit into the Phase Two area of our property, leaving intact the engineering for Phases Three through Five, but for a total of 49 townhouse units. HUNTON & WILLIAMS Mr. Robert Watkins, Director September 22, 1994 Page 4 April 26, 1994 Castle Development Corporation was informed by the State that its application for tax credits was approved for the 72 apartment units. May 5, 1994 Silver signed a contract with the Virginia United Methodist Housing Development Corporation for the sale of approximately 3 acres for 35 elderly apartments. The contract purchaser then immediately filed its application with the U.S. Department of Housing and Urban Development for a grant under Title 202. The application is still pending with HUD. May 11, 1994 The RP zoning was amended to reduce density to 5.5 dwelling units per acre. No notice was given to Silver and Silver had no \� knowledge of the amendment, despite the County's prior knowledge of the above two development proposals and contracts, and the resultant change in density. June 3, 1994 June 21, 1994 Castle Development Corporation's engineer, Patton, Harris & Rust met with the Planning Department staff to review the proposed Master Development Plan revision for 72 apartments and 84 townhouse lots. Several technical comments were made dealing principally with access, but no comment was made regarding the RP zoning amendment or a density problem. The Planning Department staff wrote to Patton, Harris & Rust to confirm the technical comments made at the June mentioned about meeting; nothing was density problem. 3, 1994, a July 20, 1994 Castle Development Corporation submitted the Revised Master Development Plan for 72 apartments and 84 townhouse lots to the various Frederick County departments for review. None of the review comments returned to the engineer mentioned a density problem. HUNTON & WILLIAMS Mr. Robert Watkins, Director September 22, 1994 Page 5 July 27, 1994 Castle Development Corporation directed its engineer to prepare the final engineering plans for the 72 apartment units. August 29, 1994 The revised Master Development Plan application for 72 apartments and 84 townhouse lots was submitted to the Planning Department following department reviews. September 14, 1994 Patton, Harris & Rust contacted our company to say that the Planning Department would not forward the Revised Master Development Plan to the Planning Commission and Board of Supervisors unless 35 of the 84 townhouse lots were eliminated from the plan to comply with the 5.5 -unit per acre RP zoning density. This was the first indication that we had that the RP zoning has been amended and that there was a density issue with the proposed 156 units on the property. The two contracts that were entered into prior to the amendment of the RP zoning, coupled with Silver's specific reliance on the 8 dwelling units per acre density then applicable to the 22 -acre parcel, which was confirmed by the County staff in response to several specific inquiries, the significant contractual exposure and financial detriment incurred by Silver because of this good faith reliance, Silver's diligence in confirming the densities before entering into the contracts, the obvious diligence with which the engineering and the Virginia and Federal applications were pursued, the silence on the County's part at all stages during a time when Silver, if made aware of an apparently long -pending ordinance charge, could have (i) better protected itself, (ii) participated in this process, and/or (iii) declined to enter into the contracts, the prior construction of 120 units on the 17.3 -acre south portion of the parcel, the expenditure of $105,000 in constructing a pump station, force main, and water line extension from Route 522, all of sufficient size to serve the pre-existing density allowed by the zoning ordinance on the entire 42 acres -- all of these facts vest in Silver the right to develop a total of 156 dwelling units on the north 22 acres, a total which still equates to a density of approximately 7 units per acre, not the allowed 8 units per acre. The structure of the two contracts was based on the zoning provisions whereby Silver would have 49 townhouse units left on HUNTON & WILLIAMS Mr. Robert Watkins, Director September 22, 1994 Page 6 the 13 -acre balance of the property after selling the 6 -acre parcel (72 apartment units) and the 3 -acre parcel (35 elderly apartments). Under the revised ordinance, Silver would be left with only 10 townhouse units on 13 acres, a loss of 39 townhouse units, which is an enormous economic impact. Such a use for the 13 acres would not be logical nor economical. Furthermore, the fiscal impact on Frederick County of the 156 units, including 72 rental and 35 elderly apartments, will be less than the impact from the original 117 proposed townhouses. Studies show that apartments have less than half the fiscal impact of townhouses. Clearly, elderly units have even less impact, and there is a significant need for elderly facilities in Frederick County. We request that the County consider all the above facts and the equities, and approve the Revised Master Development Plan for 156 units, including 72 apartments and 84 townhouses. Should the HUD grant be approved for the 35 elderly apartment units, we understand that the Master Development Plan would have to be appropriately revised to reflect another change in unit type for that portion of the 22 acres, but Silver agrees that the density would not exceed 156 total units on the residue, or a total of approximately 7 dwelling units per acre on the 22 acres. While we are convinced that this is.an absolutely compelling vesting case, should the Board, for some reason, not be able to reach a vesting determination, we would urge that the Board approve the pending Revised Development Plan pursuant to an equitable determination that Silver's right to develop 156 residential units on the north 22 -acre parcel is "grandfathered." We appreciate your understanding and the County's careful attention to this request. Should you have any questions or need further information, please feel free to call Richard Tremblay at (703) 786-1400 or me. Very truly yours, Francis A. McDermott cc: Edward O. Minnear, Jr. Richard Tremblay HUNTON & WILLIAMS Mr. Robert Watkins, Director September 22, 1994 Page 7 .f.:FF T:Wl-A.i-i-t\-tki-2 APPLICATION MASTER DEVELOPI•IENT PLAN Frederick County Virginia Date: August 26, 1994 Application m , ,1 OWNERS NAME: Silver Development Companies 4500 Plank Road Fredricksburg, VA 22407 (Please list the names of all owners or parties in interest) APPLICANT/AGENT: Castle Development Corp, Address: 2801 Southwell Place - Midlothian, VA 23113 Daytime Phone Number 804-794-0576 DESIGNER/DESIGN COMPANY: PHR&A Address: 100 South Main Street Bridgewater, VA 22812 Phone Number 703-828-2616 Contact Name Fred Price 7 APPLICATION PACKAGE CHECKLIST FOR PRELIMINARY MASTER DEVELOPMENT PLAITS Frederick County Department of Planning and Development This Master Development Plan application is not complete if the items listed below are not present at the time of submission. If any items are missing the application will be returned to the applicant. It is recommended that the applicant meet with a member of the planning staff when submitting applications in order to review the materials for completeness. 14DP _Package One set of comment sheets from the following agencies deemed necessary by the planning staff along with any marked copies of the plan; VDOT Co. San. Auth. ✓ Co. Engineer Inspections Dept. City of Winchester Town of Middletown 1 copy of the MDP application V Fire`Marshal Co. Health. Dept. ✓ Parks &-Rec. Airport Authority Town of Stephens City 25 copies of the plan on a single sheet 1 reproducible copy of the plan (if required) 5. a 35mm. slide of the plan Application Review Fee (check made payable to "Frederick County Treasurer") **" CkEcI. !S Ae)--14 AAAILea GY '7ME Or. -nOAAL . N. PRELIMINARY MASTER DEVELOPMENT PLAN CHECKLIST The following checklist is intended to assist the applicant in insuring that all required information is provided or is available to allow review by the County. This form must be completed by the applicant and submitted with the preliminary master development plan. All required items provided on the PMDP. must be Background Information: I. Development's name: 2. Location of property: ��. G,1_ -g- � OF 127E S2 3. Total area of property: ZZ.o 4. Property ID # (14 Digit) e y00o_,4 _ ODDD-o-ysC 5. Property zoning and present use P. P V4cR rT 6. Adjoining property zoning and present use: VA Zgi,�s B TcAN 7. Proposed Uses:_ Tu►NN+•�+as ,g,on �7,.Qn-✓ A®.+ a>.w E...rS 8. Magisterial District:_ SNAW,,c 9. Is this an original or amended Master Development Plan? original Amended L General Information: 1. Have the following items been included? North arrow Yes ✓ No Scale Yes i/ No Legend Yes= No Boundary Survey Yes ✓ No Total Area Yes ✓ No Topography Yes ✓ No Project Title Yes No Preparation and Revision Date Yes ✓ No Applicant's Signed Yes No Consent Statement 2. Number of phases proposed? S 3. Are the proposed phases shown on the Master Development Plan? Yes ,/ No 4. Are the uses of adjoining properties clearly designated? Yes i/ No 5. Is an inset map provided showing the location of the project and all public roads within 2,000 feet. Yes k/ No 6. Are all land uses clearly shown? Yes ✓ No 7. Are environmental features clearly shown? Yes &--"No 8. Describe the following environmental features: Total Area % Disturbed Acres in (Acres) by development Open Space Floodplains o Lakes and ponds o Natural retention areas O Steep slopes (15% or more) 0,6 2570 Woodlands n 9 9. Are the following shown on the master development plan? Street layout Yes ✓ No Entrances Yes No Parking areas Yes ✓ No Utilities (mains) Yes ✓ No 10. Has a conceptual stormwater manage ent plan been provided? Yes �No 11. Have all historical structures been identified? Yes ALNo Residential Uses If the Master Development Plan includes any land zoned RP, (Residential Performance) or any residential uses; the following items should be completed. 1. What numbers and types of housing are proposed? 2. Is a schedule provided describing each of the following in each phase: Open space acreage Acreage in each housing type Acreage in streets and right Total acreage' Number of dwellinas of each Yes ✓ No Yes ,/ No of ways Yeses -No Yes ,/ No type Yes_No 3. What percentage of the total site is to be placed in common open space? . 597. 10 4. Are recreational facilities required? Yes --l"' No 5. What types of recreational facilities are proposed? OAI175 �How� ♦.✓ T.hs �Lq w/ v1 at. vAS el/371-4 f,4CILr�►ES e3 a+/�.-r rll�y �RIs�L�•.J pt.4-ce APAJDT—Erf e.I S.u�v S,lF•� �>•c GyS 6. Are separation buffers required? Yes ✓ No 7. Are road efficiency buffers required? Yes No ✓ 8. Are landscaping or landscaped screens required? Yes No 9. Are required buffers, screens, and landscaping described by the plan with profiles or examples? Yes ✓No 11 ADJOINING PROPERTY OWNERS Owners of property adjoining the land will be notified of the public hearing. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a road from the requested property. The applicant is required to obtain the following information on each adjoining property including the 14 digit tax parcel identification number which may be obtained from the office of the Commissioner of Revenue. NAME C. Douglas Adams Add -,,e ss 434 Bufflick Rd., Winchester, VA 22602 Property IDO 64000-A-0000-00-45 Preston Place Associates Address 2801 Southwell place, Midlothian, VA 23113 Property IDIr 64000 -A -0000-0-45B Silver Development Co. Address 4500 Plank Road, Fredericksburg, VA 22407 Property IDS 64000 -A -0000-0-45C C. Douglas Adams Address 434 Bufflick Rd., Winchester, VA 22602 Property IDO 64000 -A -0000-0-45D Hope Anne Reagan Address 649 Front Royal Pike, Winchester, VA . 22602 Property IDS 64000 -A -0000-0-45E Ellen Linette Spicer Address 298 Bufflick Rd., Winchester, VA 22602 Property ID,- 64000-A-000-00-58 Thelma S. Cook Address 282 Bufflick Road, Winchester, VA 22602 Property I0# 64B00 -A-0000-00-53 Thelma S. Cook Address 282 Bufflick Road, Winchester, VA 22602 Property IDm 64B00 -A-0000--00-54 Thelma S. Cook Ad d r es s282 Bufflick Road, Winchester, VA 22602 Property I D # 64B00 -A -0000-0-54A Thelma S. Cook Address 282 Bufflick Road, Winchester, VA 22602 Property IDT 64B00 -A -0000-0-54B 13 NAME Luther Pangle Est. c/o John Pangle Address 560 N. Pershing Avenue, York, PA 17404 Property ID"' 64B00 -A-0000-00-55 Joseph C. & Thelma Bauserman E. Address 256 Bufflick Road, Winchester, VA 22602 Property ID# 64B00 -A-0000-00-56 Joseph C. & Thelma Bauserman E. Address 256 Bufflick Road, Winchester,, VA 22602 Property ID# 64B00 -A-0000-00-57 30' R/W Address Property IDS Flotie E. Boggs Address 226 Bufflick Road, Winchester, VA 22602 Property ID„ 64B00 -A-0000-00-59 Timothy P. Rogers Address 218 Bufflick Road, Winchester, VA 22602 Property ID" 64B00 -A-0000-00-60 William L. Copenhaver Address 210 Bufflick Road, Winchester, VA 22602 Property IDm 64B00 -A-0000-00-61 James E. Wisecarver Address 202 Bufflick Road, Winchester, VA 22602 Property ID# 64B00 -A-0000-00-62 John A. Pearson & Donna T. Pearson Address 192 Bufflick Road, Winchester, VA 22602 Property IDm 64B00 -A-0000-00-63 John M. & Pamela S. Orndorff Address 166 Bufflick Road, Winchester, VA 22602 Property IDr 64B00 -A-0000-00-64 John M. & Pamela S. Orndorff Address 166 Bufflick Road, Winchester, VA 22602 Property ID,7 64B00 -A-0000-00-65 John M. & Pamela S. Orndorff Address 166 Bufflick Road, Winchester, VA 22602 Property ID# 64B00 -A-0000-00-66 ,j NAME I John R. & Lillie E. d d r e Hawkins Address s 160 Bufflick Road, Winchester, VA 22602 Pz operty IDr 641300 -A -0000-00-67s Howard J. & Lillie M. Ashby Address 154 Bufflick Road, Winchester, VA 22602 Property IDm 64B00 -A-0000-00-68 Isabelle V. Pingley, et als Address P.O. Box 173, Winchester, VA 22604 Property IDx 64B00 -A-0000-00-84 Melvin D. & Kathleen Boone D. Address 641 Front Royal Pike, Winchester, VA 22602 Property ID# 64B00 -A-0000-00-85 Clinton D. & Agnes J. Lewis Address 639 Front Royal Pike, Winchester, VA 22602 Property ID,O 64B00 -A -0000-00-8b Robert J. & Karen S. Address 643 Front Royal pike , Winchester, VA 22602 Property IDm 64B00 -A-0000-00-90 Geneva O. Dean Address 687 Front Royal Pike, Winchester, VA 22602 Property ID/ 64C00 -A-0000-00-03 Elmer A. & Luella J. Sherman Address 699 Front Royal Pike, Winchester, VA 22602 Property IDI- 64C00 -A-0000-00-04 Address CIDP #006-94 PIN: 64—A -45C Castle Development Corp, COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703/678-0682 MEMORANDUM TO: Frederick County Planning Commission FROM: Evan A. Wyatt, Planner II RE: Frederick County Secondary Road Improvement Plan DATE: September 23, 1994 The Frederick County Transportation Committee held a public hearing on September 6, 1994 to consider the above referenced road plan. Two citizens attended this meeting to address the committee and two petitions were filed by citizens from Back Creek Road (Route 704) and Ridings Mill Road (Route 709). Citizen comments regarded the hardsurfacing of Mines Mill Lane (Route 633) and incidental construction improvements to Adams Road (Route 689). The Transportation Committee included the hardsurfacing of Mines Mill Lane to the proposed hardsurfacing of Mines Mill Road (also Route 633). This project is currently ranked 9th under Hardsurface Road Improvement Projects. The VDOT agreed to meet with citizens along Adams Road to determine the portions of this road segment that required incidental construction improvements. The improvements will begin this fiscal year. The petition filed for Back Creek Road (Route 704) was to request that the improvements to this road segment be given a higher priority. This road segment is currently ranked 35th under Major Road Improvement Projects and 17th under Hardsurface Road Improvement Projects. The Transportation Committee recommended that these projects remain as the same priority. The petition for Ridings Mill Road (Route 709) was considered by the Transportation Committee. The Committee recommended that this road segment be added as a new Hardsurface Road Improvement Project. The Town of Stephens City provided a resolution to the Transportation Committee (please see enclosed resolution) regarding severe drainage problems along Germain Street (T-1003) and Mulberry Street (T-1002). Curb and gutter improvements for these streets are currently ranked 9th under the Major Road Improvement Projects. The Town of Stephens City expressed concern regarding the time frame involved to complete these improvements, and requested that the Transportation Committee place this project as a higher priority. The Transportation Committee recommended that this project remain in the same priority. 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 Page -2- Secondary Plan Memo September 23, 1994 Please also note the letter to Kathy S. Starnes from Supervisor Ellington, dated September 19, 1994. Mrs. Starnes has requested that the Hardsurfacing of Warm Springs Road (Route 676) be placed as an item of higher priority. This project is currently ranked 19th. Supervisor Ellington has asked the VDOT to consider improvements that can be accomplished in the interim. The VDOT provided the Transportation Committee with a list of ten projects that would qualify under the Incidental Construction Plan. These projects are scheduled for Fiscal Year 1996/1997. The Transportation Committee recommended that all projects be included as part of the plan update. The Transportation Committee recommended that fourteen new road improvement projects be added to the 1995-1996 Secondary Road Improvement Plan. These projects were considered by the committee following public comment. The new projects that have been included in the 1995- 1996 plan update are as follows: HARDSURFACE ROAD IMPROVEMENT PROJECTS: Klines Mill Lane (Rt. 633) as part of the Klines Mill Road (Route 633) improvements from Hites Road (Route 625) to Interstate 81. Ridings Mill Road (Route 709) from Huttle Road (Route 636) to Salem Church Road (Route 735). Heishman Lane (Route 607) from Back Mountain Road (Route 600) to end. Canterburg Road (Route 636) from Double Church Road (Route 641) to Grim Road (Route 640). INCIDENTAL CONSTRUCTION: Back Creek Road (Route 704) - spot widen. Fort Collier Road (Route 1322) - 165# plant mix. Welltown Road (Route 661) - 165# plant mix. Page -3- Secondary Plan Memo September 23, 1994 NEW INCIDENTAL CONSTRUCTION PROJECTS (CONTINUED) Chalybeate Springs Road - spot widen. Knob Road - spot widen. Shockeysville Road - spot widen. Rest Church Road (Route 669) - 165# plant mix. Wardensville Grade (Route 608) - replace bridge. Veterans Road (Route 625) - widen roadway. Grim Road (Route 640) - widen curve/raise road. The Secondary Road Construction Budget was endorsed by the Board of Supervisors in August of this year. As a result, eight road improvement projects were funded by VDOT and were removed from the Secondary Road .Improvement Plan. The projects that are funded for this fiscal year are as follows: HARDSURFACE ROAD IMPROVEMENT PROJECTS: Springdale Road (Rt. 649) from Passage Road (Rt. 648) to Germany Road (Rt 625). INCIDENTAL CONSTRUCTION: Ridings Mill Road (Rt. 709) - widen surface. Chapel Road (Rt. 627) - improve curve sight distance. Marlboro Road (Rt. 631) - apply new surface material. Wardensville Grade (Rt. 608) - spot widen and tree removal along unpaved sections. Wardensville Grade (Rt. 608) - bridge over Furnace Run. Page -4- Secondary Plan Memo September 23, 1994 INCIDENTAL CONSTRUCTION PROJECTS (CONTINUED) Redland Road (Rt. 701) - widen and improve shoulders. Brill Road (Rt. 603) - relocate the intersection with Wardensville Pike (Rt. 55). Staff will be present to address comments and concerns regarding the proposed Secondary Road Improvement Plan. Staff asks that the Planning Commission review this plan and forward a recommendation to the Board of Supervisors. MAJOR ROAD IMPROVEMENT PROJECTS Major road improvement projects command the reconstruction of hardsurfaced roads to enhance public safety. Improvements required for road width, road alignment, road strength, and road gradient are considered major road improvement projects. 1995 - 1996 MAJOR PROJECT ROAD IMPROVEMENT PLAN RANK ROUTE FROM TO ADT DIST MAGIS AD.DAT 1 656* Rt. 657 to Rt. 659 intersec 3806 1.01 miles SH/ST 07/95 2 628 Rt. 631 Rt. 732 1711 2.41 miles BC 12/95 3 621** Rt. 622 Rt. 1109 1080 1.38 miles BC 12/96 4 647 widen between Rts. 277 & 642 6295 2.08 miles OP 07/99 5 608 Back Creek bridge 0.7E of 681 88 0.2 miles GA UN/SH 6 608 Rt. 50W Rt. 616 1203 2.83 miles BC UN/SH 7 659 widen from bridge to Rt. 7E 401 0.2 miles ST UN/SH 8 656 widen between Rts. 655 & 657 T 2616 1.39 miles SH/ST UN/SH 9 Towns curb and gutter improvements for the Town of Stephens City UN/SH 10 Towns curb and gutter improvements for the Town of Middletown UN/SH 11 642 Rt. 1031 Rt. 5225 1366 1.87 miles SH/OP UN/SH 12 664 Rt. 761 Rt. 660 1235 1.1 miles ST UN/SH 13 660 Rt. 664 Rt. 7E 900 2.13 miles ST UN/SH 14 622 City of Winchester to Rt. 37 8271 1.03 miles BC UN/SH 15 600 1.07 miles N Rt. 600 to Rt. 684 830 1.93 miles GA UN/SH 16 659 Rt. 656 bridge 401 1.8 miles ST UN/SH 17 657 City of Winchester to Rt. 656 8027 1.6 miles SH UN/SH 18 739 Rt. 673 Rt. 522N 2143 1.66 miles GA UN/SH 19 636 Rt. 277 Rt. 642 874 1.6 miles OP/SH UN/SH 20 644 City of Winchester to Rt. 522S 4642 1.36 miles SH UN/SH 21 661 Rt. I IN Rt. 660 397 3.24 miles ST UN/SH 1995 - 1996 Road Improvement Plan Page -2- 1995 - 1996 MAJOR PROJECT ROAD IMPROVEMENT PLAN (Continued) RANK ROUTE FROM TO ADT DIST MAGIS AD.DAT 22 622 Rt. 629 Rt. 37 2987 5.86 miles BC UN/SH 23 657 Rt. 656 to Clarke County 3902 2.07 miles ST UN/SH 24 641 Rt. 647 Rt. 277 2980 0.68 miles OP UN/SH 25 761 Rt. 11N Rt. 664 2134 1.13 miles ST UN/SH 26 659 Rt. 716 Rt. 656 4531 1.09 miles SH/ST UN/SH 27 636 Rt. 277 to 1.5 miles south (277) 522 1.5 miles OP UN/SH 28 621 Rt. 1109 Rt. 628 1080 0.57 miles BC UN/SH 29 600 Rt. 753 Rt. 614 1561 1.8 miles BC UN/SH 30 655 Rt. 50E Rt. 656 2522 0.79 miles SH UN/SH 31 642 0.2 miles west Rt. 1070 to Rt. 1031 6507 0.9 miles OP/SH UN/SH 32 661 Rt. 663 Rt. IIN 6995 1.21 miles ST/GA UN/SH 33 628 Rt. 621 to City of Winchester 2668 1.25 miles BC UN/SH 34 627 Interstate 81 to Route I IS 1158 0.49 miles OP UN/SH 35 704 Rt. 632 Rt. 683 282 4.11 miles BC UN/SH ABBREVIATIONS AND SYMBOLS: ADT - 1993 Average Daily Secondary Traffic Tabulation Counts. DIST - Distance of total improvement length in miles. MAGIS - Magisterial District in which road improvement will occur. AD.DAT - Scheduled Advertisement Date for road improvement project to begin. 656* - Improvements to Route 656 will include the intersection of Route 656 and Route 659, as well as the "S" curve leg of Route 656. 621 ** - Improvements to Route 621 will include drainage improvements south of Route 622 and the realignment of the "S" turn on Route 621. 1995 - 1996 Road Improvement Plan HARDSURFACE ROAD IMPROVEMENT PROJECTS Page -3- Hardsurface road improvement projects provide impervious resurfacing and reconstruction of non -hard surfaced secondary roads. Hardsurface improvements are considered primarily by the average daily traffic count for these secondary roads. 1995 - 1996 NEW HARDSURFACE ROAD IMPROVEMENT PLAN RANK ROUTE FROM TO ADT DIST MAGIS AD.DAT 1 636 Rt. 735 Rt. 640 92 1.1 miles OP 05/96 2 706 Rt. 11S to end of Rt. 706 70 0.35 miles BC 08/96 3 702 Rt. 703 to West Virginia line 146 0.8 miles GA 08/97 4 701 Rt. 703 to West Virginia line 124 1.01 miles GA 04/98 5 695 1.09 to 2.3 miles north Rt. 522 83 1.21 miles GA 07/99 6 695 2.3 miles north Rt. 522 to WVA 83 0.9 miles GA UN/SH 7 692 Rt. 600 Rt. 671 137 2.6 miles GA UN/SH 8 625 Rt. 624 Rt. 635 150 0.5 miles BC UN/SH 9 633 Rt. 625 Intersate 81 91 1.4 miles OP/BC UN/SH 10 696 Rt. 522N Rt. 694 81 1.3 miles GA UN/SH 11 638 Rt. 625 Rt. 759 86 0.8 miles BC UN/SH 12 629 Rt.608 to 1.15 miles east Rt.622 98 3.05 miles BC UN/SH 13 636 Rt. 709 Rt. 735 147 1.1 miles OP UN/SH 14 811 Rt.671 to 0.45 miles north (671) 137 0.25 miles OP UN/SH 15 679 0.3 miles west Rt. 608 to 0.5 miles east Rt. 600 94 2.5 miles GA UN/SH 1995 - 1996 Road Improvement Plan Page -4- tinued) 1995 - 1996 NEW HARDSURFACE ROAD IMPROVE5miles RANK ROUTE FROM TO ADTAGIS AD.DAT 16 734 addition of 1 mile 99 GA UN/SH 17 704 Rt. 683 to West Virginia line 174 BC UN/SH18 676 0.83 mile south Rt.671 to Rt.677 86* GA UN/SH 19 644 Rt. 50E to Clarke County line 69 0.81 miles SH UN/SH 20 634 Rt. 635 Rt. 11S 180 0.25 miles OP UN/SH 21 733 Rt. 50W Rt. 707 61 1.3 miles BC UN/SH 22 836 Rt. 11N end Rt. 836 75 0.80 miles 23 709 Rt.636 Rt.735 133 2.7 miles UN/SH 24 607 Rt.600 end 113 0.78 miles &STUN/SH UN/SH 25 636 Rt.640 Rt.641 46 1.5 miles UN/SH NOTE: Route 777 is proposed to be hardsurfaced during the construction of Route 522 South if funds are available. If funds are not available, Route 777 will be included as a new hardsurface road improvement project. ABBREVIATIONS: ADT - 1993 Average Daily Secondary Traffic Tabulation Counts. DIST - Distance of total improvement length in miles. MAGIS - Magisterial District in which hardsurfacing will occur. AD. DAT - Scheduled Advertisement Date for hardsurface road improvement project to begin. * - 1993 Average Daily Secondary Traffic Tabulation Counts not available for project number 18. The traffic counts listed reflect 1991 data. 1995 - 1996 Road Improvement Plan ROAD IMPROVEMENT PROJECTS FUNDED UNDER 1994 - 1995 SECONDARY ROAD CONSTRUCTION BUDGET HARDSURFACE ROAD IMPROVEMENT PROJECTS - Springdale Road (Rt. 649) from Passage Road (Rt. 648) to Germany Road (Rt 625). INCIDENTAL CONSTRUCTION: Ridings Mill Road (Rt. 709) - widen surface. Chapel Road (Rt. 627) - improve curve sight distance. Marlboro Road (Rt. 631) - apply new surface material. Wardensville Grade (Rt. 608) - spot widen and tree removal along unpaved sections. Wardensville Grade (Rt. 608) - bridge over Furnace Run. Redland Road (Rt. 701) - widen and improve shoulders. Brill Road (Rt. 603) - relocate the intersection with Wardensville Pike (Rt. 55). 1995 - 1996 Road Improvement Plan INCIDENTAL CONSTRUCTION Page 5 - Incidental construction projects are defined as minor construction projects that cost less than $100,000. Examples involve drainage improvements, site distance improvements, spot widening, replacing overflow pipes with box culverts, and the application of cold mix on existing road surfaces. The Virginia Department of Transportation determines if a proposed projects qualifies for Incidental Construction based on the overall scope of the improvement. 1995 - 1996 INCIDENTAL CONSTRUCTION PLAN RANK ROUTE FROM TO DESCRIPTION MAGIS F/Y 1 739 Rt. 672 to West Virginia line 165 lbs. cold mix GA 95/96 2 707 Rt. 50W Rt. 733 spot widening BC 95/96 3 733 Rt. 50W Rt. 707 spot widening BC 95/96 4 704 Rt. 751 to West Virginia line spot widen/erect guardrail BC 95/96 5 682 Rt. 608 Rt. 671 spot widen three curves GA 95/96 6 689 Rt. 600 north intersection to Rt. 600 south intersection spot widen GA 95/96 7 704 Rt. 751 to West Virginia line spot widen BC 96/97 8 1322 Rt. 1200 Rt. 783 165# plant mix ST 96/97 9 661 Rt. I IN Rt. 663 165# plant mix ST 96/97 10 669 Rt. 11N Rt. 661 165# plant mix ST 96/97 11 608 At 1.69 miles south of Rt. 629 replace bridge BC 96/97 12 625 0.20 miles west to 0.42 miles west of Rt. I IS widen roadway OP 96/97 13 640 between west and east intersection of Rt. 636 widen curve/raise road OP 96/97 14 687 Rt. 600 end spot widen GA 96/97 15 752 Rt. 50W Rt. 705 spot widen GA 96/97 16 671 Rt. 690 Rt. 691 spot widen GA 96/97 ABBREVIATIONS: MAGIS - Magisterial District in which incidental construction project will occur. F/Y - Fiscal year in which incidental construction project will occur. NOTE: Improvements to Route 704 will occur in two phases over the next two fiscal years. TOWN OF STEPHENS CITY P. 0. BOX 250 STEPHENS CITY, VA 22655-0250 September 8, 1994 The 1Jonorable Richard Dick, Chairman r reder_L t,k County Board of Supervisors County of Frederick Post Office Box 601 Winchester, VA 22601 Dear Chairman Dick: Please find attached a resolution adopted by the Stephens City Town Council on September 6, 1994 requesting priority consideration of Germain Street and Mulberry Street improvements. Sincerely yours, J (Mrs.) Joyce J. Blev_ns Town Clerk Town of Stephens City Encl: Resolution TOWN OF STEPHENS CITY P. 0. 80X 250 STEPHENS CITY, VA 22655.0250 A RESOLUTION WHEREAS: The majority of streets of the Town of Stephens City are within the secondary road system of the Virginia Department of Transportation and the County of Frederick; and WHEREAS: The Town has requested for a number of years curb and gutter improvements to Germain Street (T--1003) and Mulberry Street (T--1002) on the Frederick County Six Year Secondary Road Plan; and WHEREAS: This improvement project is ranked number 9 and unscheduled on the 1994-1995 Major Projects Road Improvement Plan; and WHEREAS: The scheduling of the number 4 ranked project on this plan is for July 1999 or later and would indicate an approximate schedule of 2005 or later for the requested Germain and Mulberry Street improvement; and WHEREAS: These streets are heavily traveled roadways within the commercial district of the Town and subject to varied types of traffic of fire and rescue vehicles, tractor trailers, delivery trucks along with residential and non residential vehicles associated with a commercial district; and WHEREAS: Germain and Mulberry Streets are rapidly deteriorating due to severely deficient width and drainage to meet the amount of traffic using them and in controlling storm water drainage damage to private property; and WHEREAS: By VDOT estimates routine hardsurface maintenance for these streets is not scheduled until. two to three years, thereby permitting continued deterioration; and WHEREAS: The existing thirty (30) foot Virginia Department of Transportation right -of -wap can be expanded by using the existing Town right-of-way of forty-nine (49) feet for street improvements and drainage easements; and NOW, THEREFORE, BE IT RESOLVED: That in order to provide and assure the health, safety, and otherwise well being of the residents of the Townand all users of these streets, the Common Council of the Town of Stephens City requests that Germain and Mulberry Streets be given higher priority on the Six year Road Improvement Plan for preliminary engineering and cost studies and subsequent construction. This resolution was adopted September, 1994. r�TEST: L� J, ce J. Bl ins, Town Clerk by the Town Council on r Ray E. Ewing, Mayor ` COUN": Y of FREDERICK Board of Supervisors Richard G. Dick - Chairman Robert N1. Sager 703/665-5666 Opequon District W. Harrington Smith, Jr. - Vice Chairman Jimmie K. Ellington Shawnee District Gaincsboro District James. L. Longerbeam Charles W. Orndoff, Sr. Back Creek District Stonewall District September 19, 1994 Kathy S. Starnes 585 Warm Springs Road Winchester, VA 22603 Dear Ms. Starnes: I.received your letter expressing your concerns regarding Route 676. I am forwarding it to both the Frederick County Planning Commission and the Virginia Department of Transporta- tion. I am sending you an excerpt from the Frederick County Secondary Road Improvement Plan (commonly called the Six Year Plan) which lists hardsurfacing projects expected to be com- pleted in the next six years. You will note that the hard - surfacing of approximately .9 miles of Route 676 from Route 671 to Route 677 appears as priority 19 out of 23 listed. The normal procedure is that as projects at the top are completed, the others move up. I am very careful to follow the scheduling of these in the Gainesboro District and attended the Transportation Committee hearing on September 20 to monitor their progress. I will attend the Planning Commission hearing on this on October 20 to do the same thing. I am unwilling to offer you much encouragement on the prospect of being moved up, due to the date when your project was added to the list, and the relatively low number of average daily trips on your road. I will offer you encourage- ment however concerning the unlikely possibility of your pro- ect being "bumped down" by anything below you now. There is only so much money in the budget for resurfacing and the com- pletion for this money is rather intense, so just to be on the six year list is a good start. I know this is discouraging to you and I expect that you expected better news, but it is the best I have to offer at this time. 9 Court Square P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 Kathy S. Starnes September 19, 1994 Page 2 I will, as I said, forward your letter to the Virginia Department of Transportation with a request to pay supervisory attention to the maintenance of your road towards seeing what can be done to make your situation more "liveable" until the resurfacing is complete. Sincerely, � Yam Jimmie K. Ellington Supervisor, Opequon District JKE/tjp Enclosure cc: James Golladay, Chairman, Frederick County Planning Commission William H. Bushman, Resident Engineer, Virginia Department of Transportation Page 3 1994 - 1995 Road Improvement Plan HARDSURFACE ROAD IMPROVEMENT PROJECTS Hardsurface road improvement projects provide impervious resurfacing and reconstruction of non-hardsurfaced secondary roads. Hardsurface improvements are considered primarily by the average daily traffic count for these secondary roads. 1994 - 1995 NEW HARDSURFACE ROAD IMPROVEMENT PLAN RANK ROUTE FROM TO ADT DIST MAGIS AD.DAT 1 649 Rt. 648 Rt. 625 58 I.8 miles BC 07/94 2 636 Rt. 735 Rt. 640 83 1.1 miles OP 05196 3 706 Rt. l 1S to end of Rt.706 59 0.35 miles BC 08/96 4 702 Rt. 703 to West Virginia line 124 0.8 miles GA 08/97 5 701 Rt. 703 to West Virginia line 133 1.01 miles GA 04/98 6 695 1.09 to 2.3 miles north Rt. 522 89 1.21 miles GA 07/99 7 695 2.3 miles north Rt. 522 to WVA 89 0.9 miles GA UN/SH 8 692 Rt. 600 Rt. 671 143 2.6 miles GA UN/SH 9 625 Rt. 624 Rt. 635 102 0.5 miles BC UN/SH 10 633 Rt. 625 Rt. 11S 106 1.4 miles OP/BC UN/SH 11 696 Rt. 522N Rt. 694 84 1.3 miles GA UN/SH 12 638 Rt. 625 Rt. 759 84 0.8 miles BC UN/SH 13 629 Rt.608 to 1.15 miles east Rt.622 139 3.05 miles BC UN/SH 14 636 Rt. 709 Rt. 735 49 0.6 miles OP UN/SH 15 811 Rt.671 to 0.45 miles north (671) 128 0.25 miles OP UN/SH 16 679 0.3 miles west Rt. 608 to 0.5 98 2.5 miles GA UN/SH miles east Rt. 600 SC E. AL-) Page 4 1994 - 1995 Road Improvement Plan 1994 - 1995 NEW HARDSURFACE ROAD IMPROVEMENT PLAN (Continued) RANK ROUTE FROM TO ADT DIST MAGIS AD.DAT 17 734 addition of 1 mile 85 1 mile GA UN/SH 18 704 Rt. 683 to West Virginia line 126 3.3 miles BC UN/SH IT 676 -'T-83 mile south-Rt.67I to Rt.677 86 0.87 miles GA U ISF 20 644 Rt. 50E to Clarke County line 152 0.81 miles SH UN/SH 21 634 Rt. 635 Rt. I IS 135 0.25 miles OP UN/SH 22 733 Rt. SOW Rt. 707 80 1.3 miles BC UN/SH 23 836 Rt. 11N end Rt.836 75 0.80 miles ST UN/SH NOTE: Route 777 is proposed to be hardsurfaced during the construction of Route 522 South if funds are available. If funds are not available, Route 777 will be included as a new hardsurface road improvement project. ABBREVIATIONS: ADT - 1991 Average Daily Secondary Traffic Tabulation Counts. DIST - Distance of total improvement length in miles. MAGIS - Magisterial District in which hardsurfacing will occur. AD.DAT - Scheduled Advertisement Date for hardsurface road improvement project to begin. AP tN September 13, 1994 Mr. James Ellington 166 Woodside Drive Winchester, VA 22603 Dear Mr. Ellington: I,am writing to you for assistance with a relatively small project that I, as a Gainesboro District resident, feel is very important. I live on Route 676 which is located in the White Hall/Green Springs area. The last .6 mile on this road has never been paved or widened. This is causing some very real concerns. There have been several accidents on this stretch of road in the four years my family and I have resided in this area. One of those accidents involved my sister-in-law. Luckily, no one has been seriously injured but the potential is most definitely there. There are a couple of curves that are quite narrow. One is particularly dangerous as it is also a blind curve. Most people cross over to the other side of the road when rounding this curve and as such, create quite a hazard if another vehicle happens to be coming in the opposite direction. One of my biggest concerns is for the school bus that travels this road. When the bus comes around this curve, there is no room for another car unless you actually go off the road. Unfortunately, sooner or later someone is not going to make it all the way off the road. The road stays in poor condition most of the time with potholes, rough/bumpy areas and very little gravel :,n it. Several of the residents have called VDOT. They come out, scrape the road, put down some gravel and this lasts until the next rain or three to four weeks of travel. This occurs several times a year. I don't have any idea how much it costs each time VDOT comes out but over the past four years, I would think we have just about paid what it would cost to pave/widen this last bit of road. This area has grown considerably since we moved out here and it is still growing. There are several subdivisions branching off Route 676 and traffic has increased quite a bit. I don't think anyone would mind at all if we could get this project through. I do know when the first section of Route 676 was paved, there was a problem with obtaining right of way rights from one of the farmers. Perhaps now we can. . •` - 2 - I spoke with Al Smith about this before he retired. He informed me I needed to go through my supervisor who at the time was of course, Beverly Sherwood. I left several messages with her and Mr. Smith spoke with her as well. Unfortunately, I never received a response. I let the ball drop for awhile myself but recently several residents have approached me again about resuming my little "campaign". I am hoping you can help me out or at least direct me in the right direction. I can be reached during the week at my office at 722-8046. You can also call me at home after 5:30 at 667-1171. I will be more than happy to do as much of the leg work as is needed if we can finally make this a reality.- Please give me a hand. Sincerely, ,Kwl , . ,dt'.aA X, Kathy S. Starnes 585 Warm Springs Road Winchester, VA 22603 COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703/678-0682 MEMORANDUM TO: Planning Commission FROM: W. Wayne Miller, Zoning Administrator SUBJECT: Informal Discussion Item - Raymond Dunlap DATE: September 22, 1994 Mr. Clinton R. Ritter spoke to me a couple of months ago concerning the possibility of rezoning a parcel of land along Bloomery Pike (Route 127) to permit used car sales. The property is identified as PIN# 10-A-16 & 17 and is owned by Mr. Raymond Dunlap. Subsequent to our discussion Mr. Ritter sent me the enclosed letter requesting an informal discussion with the Planning Commission in an attempt to determine the feasibility of a rezoning request at this location. He will be prepared to discuss this with you at the October 5, 1994 meeting. I will be available to answer any questions you may have. WWM/dc Attachment 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 LICENSED IN VIRGINIA AND WEST VIRGINIA CLINTON R. RITTER ATTORNEY AT LAW 205 EAST BOSCAWEN STREET WINCHESTER, VIRGINIA 22601 August 10, 1994 Mr. Wayne Miller Department of Planning and Development P. 0. Box 601 9 North Loudoun Street Winchester, Virginia 22601 Dear Wayne: TELEPHONE 703-662.7175 RE: RAYMOND DUNLAP VIRGINIA ROUTE 127 FREDERICK COUNTY VIRGINIA Please be advised that I represent Raymond Dunlap, who is the owner of a parcel of land Northwest of Virginia Route 127, in the Gainesboro District, Frederick County, Virginia. Mr. Dunlap has owned this property for a number of years. It is improved by a residence and an old store which is no longer operated as a country store. Mr. Dunlap desires to re -open the store as a used car lot since he has retired from Chapman Motor Company. He would like to sell a few cars each year and convert the store to a car dealership. It is respectfully requested that you put this on the Planning Commission's agenda for an informal discussion so that we can get the Planning Commission's guidance as to whether they would approve this property for Mr. Dunlap. It is presently zoned R -A Zoning and he desires to re -zone it to B-2 so that he can comply with the zoning for the use which he is seeking for the property. I deeply appreciate your advice in reference to the Planning Commission. With kind regards, S i nFle' r e-1 ;/Z Cl-inton R+. Ritter Attorney at Law CRR/tp cc: Mr. Raymond Dunlap GAN O d. 8. 587, FG. 279 G47°38'19" E- 35G.1v5' o r � 11- Lo 7. 5 5 Ln Zr �� AGR eS k�00 m � U m I_j 0 o N A u, v + to poc,T v � N — Z �D cn = m �_ R= 5G8'D.58' F. I - F. Z'Z0.2�i N(cCe55?22��`N A = 70.2' e vAK1E13Ar IKo 0 100 200 300 BOUHOAR'f SUR\/EY RAYMOND ff. M14LAP £ DELLA S. DUNLAP LAN GAIHGOOKO D15TFlGT- FREDERICK COUNTY, VIRGINIA SCALE : AS GHOWN I DATE : MAS 27, t99-1 0GREENWAY INC. — 1104 Baker Lone, Winchester, Virginia 22601 703-662-4185 H Bruce Edens,LS.-President SURVEYING - DESIGNING - PLANNING RESIDENTIAL AGRICULTURAL COMMERCIAL- INDUSTRIAL CONSTRUCTION o H. BRUCE EDENS 5: No. 000 162$ 4 SURI'E�� SHEET I of Z The accompanying plat represents a survey of the land conveyed to Raymond E. Dunlap and Della S. Dunlap by deed dated September 7, 1989 and recorded in the Frederick County Court Clerk's Office in Deed Book 725 at Page 304. The said land lies along the north side of Va. Route 127 in Gainesboro District, Frederick County, Virginia and is bounded as follows: Beginning at an iron pin set corner to Luttrell and in the north boundary line of Va. Rt. 127; thence with the north boundary line of Va. Rt. 127 for the 2 following courses with the arc of a curve to the right 70.29' (Radius = 5689.58' - Chord= N61°40'14"W - 70.28') to the P.T of said curve; thence N60"55'22"W - 220.23' to an iron pin found in the north boundary line of Va. Rt. 127 and corner to Hawkins; thence with Hawkins N34°27'11"E - 370.06' to a post corner to Hawkins and Crane; thence with Crane N47°28'35"E - 585.79' to an iron pin set corner to Crane and in a line of Gano; thence with Gano S47°38'19"E - 356.65' to an iron pin set in a line of Gano and corner to Luttrell; thence with Luttrell S47'14' 52"W - 885.57' to the beginning. Containing. . . . . . . 7.255 Acres Surveyed. . . . . . . . May 27, 1992 SHEET 2 of Z COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703/678-0682 MEMORANDUM TO: Planning Commission FROM: W. Wayne Miller, Zoning Administrator ow SUBJECT: Informal Discussion Item - Robert Shadley DATE: September 22, 1994 Mr. Clinton R. Ritter is requesting time to discuss the feasibility of allowing Mr. Robert Shadley to further divide a 5.89 acre tract of land that already has a residence located on the property. This property is identified by PIN# 52 -A -65A and is zoned Rural Area (RA) He is proposing to divide a .89 acre tract off the 5.89 acres to accommodate the trailer that is located there (see attached plat). This would violate the ordinance since the minimum lot size allowable in RA zoning is 2 acres. Further, the lot does not qualify even for a 2 acre family division because there must be a 5 acre residual parcel remaining after the division. I will be available to answer any questions you may have. WWM/dc Attachment 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 2260.1 LICENSED IN VIRGINIA AND WEST VIRGINIA CLINTON R. RITTER ATTORNEY AT LAW 205 EAST BOSCAWEN STREET WINCHESTER, VIRGINIA 22601 August 10, 1994 Mr. Wayne Miller Department of Planning and Development P. 0. Box 601 9 North Loudoun Street Winchester, Virginia 22601 RE: ROBERT SHADLEY and MARGARET SHADLEY VIRGINIA ROUTE 9 FREDERICK COUNTY, VIRGINIA Dear Wayne: TELEPHONE 703-662.7175 Please be advised that I represent Robert and Margaret Shadley, who are the owners of a parcel of land on Route 9 in the Gainesboro District, Frederick County, Virginia. Mr. and Mrs. Shadley have owned this land for a number of years. Mr. Shadley is now requesting a permit to subdivide the property in order to build a retirement home for his wife who is extremely ill. This will enable Mrs. Shadley to spend her final days in the care of her family as opposed to being placed in a nursing home or some other facility. This is the desire of the family. It is respectfully requested that you put this on the Planning Commission's agenda for an informal discussion so that we can get the Planning Commission's guidance as the whether they would approve this property for Mr. Shadley. I deeply appreciate your advice in reference to the Planning Commission. With kind regards, Si c)erely, linton R. Ritter Attorney at Law CRR/tp cc: Robert Shadley I S 43 °32'27' E" 68.52' N57059'00"E 250.39 ' SCALE /N FEET BK606ec315 %IAN/CE K. HOCKMAN "9 X15 c2 m3. D.B. 393, P. 577 1 S 42 018'52 "E(RRICHARD �k1.T11 of / 267.40 i.p.s. pos U. GOODE I free "� N FRYE Vi oi 4 tNO. 412 ►- ry HENRY FRYE 1 PA UL D. PLUML Y CNARLESE° °vfA�+�!°-t <41V0 SUM6 COCHRAN, JR. T' B. p O. 264,F.743 N47°06 43'E >.1 TO ^� O b 'x iQ Q to COCHRAN ; o N I it1i —" W til '-, Y 5.89 AC. roe d Q3 N ip.4.tuoS / M ., Z o a o H ~O t"-.9 C_OCHRAN JR. Ci W. N. MOWER 2 N33052'25"E ='"' o o►O p 3/6.6- r 0.89R�-'�nm ` N ifro// r w)", jqq E 1 N48°5627 W375.66/ s 11 P, p. , � 11 HARTWELL`B. STEPHENSOQ 0 CENTERLINE OF FAMILY VARIANCE D.B. 549, A 839 �O20 ' R/W APPROVED: pA-8 S40°//8iE 289/' 1eA1,1N DE AR7MF:N1' T198�5E 8'C S/40/8'38"W 67.43' D C- O S /3 5/ 4' E 9' 45.83 t( I�D-E S30°2%30 E- 75.00' S BD 1S U 1 15'1 1 tr77-AE-F S/B°54'35"E/96.30' �.�t•Al'E _ The above Tract of lands located just'tJbrlhweet of load No. 654 at Round 1litlt and situate in Catnesboro Magisterial District, Frederick County, Virs,nia; is bounded as follows: j,' Beginning at (1) an iron peg found a corner to the land of Ilartwell B. line of the and on the liSoutheast side;of the Old Military Road and in the line of the land of Paul D. Plunly; thence with the Southeast aide of the Old Military Road and the land of Paul D. Plunly for the following three I courses: . N 33 deg. 52 min. 25 ee,i E thence 316.63 feet to (2) a Cherry Tree; N 47 deg. 06 min. 43 seen' E 111.10 feet to (3); thence N 57 deg. 59 min. 00 sec. E 250.39 feet to (4) an Elm Tree; thence leaving the Old Military Road.and still with the land of Paul D. Plunly S 43 deg. 32 min. 27 sec. E 68.52 feet to(5) a post at a corner to the land of Janice K. Ilockman; thence with the land of Janice K. ilockman S 42 deg. 18 min. 52 sec. E 267.40 feet to (6) an iron peg set in the line of the land of Ibckman; thence with three new division lines through the land of C. E. Cochran, Jr. S 39 deg. 50 min. 57 sec. W 168.22 feet to (7) an - iron peg set; thence S 38 deg. 42 min. 07 sec: W 227.61 feet to (8) an iron peg set; thence S 45 deg..01 min. 59 sec.' W. 231.80 feet of (9)an iron peg set in the line,of the land of Ilartwell B. Stephenson; thence with the land of Stephenson N 48 deg. 56 min. 27 sec. W 375.66 feet to the point of beginning, containing 5.89 Acres, more.or less. The canter of a 20 foot R4' -'Of --Y leading fttm the 5.89 Acre Tract to F—d Pb. 6% is ,dm ibad as follae: Ilegumug at (A) a point in the Canter of the 20 foot Rigid -of Point being S 45 deg. 01 min. 59 sec. W 100.70 feet flan Corner tb. 8; thmoe with ythe Gaiter of the 20 fgot Right-vFNey for the follorirg five causes: S 40 it min. 57 sac. E feet to (B); tbence S 14 deg. 18 min. 38 W. W 87.43 feet t0 ( ; 1�ance S � 28.91 51 min. 49 sec. E 45.87 feet to (D); thane S 30 dig 21 min. 30 sec. E 75.01 feet to thane S 18 deg. 54 min. 35 sec. E 196.30 feet to (F) a point in the canter of Read W. 6y, , SURVEY NO. 9454 RICIiARD U. GOODE, CERTIFIED IAND SURVEYOR BERRYVILLE, VIRGINIA OCTOBER 31, 1985 ' ✓iRG[NtA Ff1CDZ.11C;( CCU.'•ITY, SCT. Thll instrumento wr[tiaq as produced to me on the t _3�J ddy of �Cr r(�J 19�_- and With a•clili� oto v[ ackuowled • at /• 't1 gment were[° aane[ed wag 1`a�dm/ilted to record. Tart imposed by Sac. 58.64.1 of and 54.54 have been paid, if asseseable, COUNTY of FREDF.RTC''K Department of Planning and Development 703 / 665-5651 Fax 703 % 678-0682 MEMORANDUM TO: Planning Commission FROM: W. Wayne Miller, Zoning Administrator SUBJECT: Informal Discussion - James Lamp DATE: September 22, 1994 Mr. Clinton R. Ritter has requested time on the Commission's agenda to discuss the feasibility of rezoning a .92 acre tract of RA zoned land identified by PIN# 30 -A -171B. This property is owned by Mr. James H. Lamp and is the current location of "House of Gifts". See location on attached tax map extract. I understand the interest is in the possibility of rezoning to B-2 to permit other uses. The current use is a store and gift shop and is assumed to be a legal nonconforming use since there is no record of a CUP for this location. I will be available to answer any questions you may have. WWM/dc Attachment 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 LICENSED IN VIRGINIA AND WEST VIRGINIA CLINTON R. RITTER ATTORNEY AT LAW 205 EAST BOSCAWEN STREET WINCHESTER, VIRGINIA 22601 August 12, 1994 Mr. Wayne Miller Department of Planning and Development P. O. Box 601 9 North Loudoun Street Winchester, VA. 22601 TELEPHONE 703.662.7175 RE: JAMES LAMP PROPERTY -SITUATE ON 522 NORTH --"HOUSE OF GIFTS" Dear Wayne: Please be advised that I represent James Lamp, who is the owner of the House of Gifts, which is a country grocery and novelty store situate on 522 North in the Gainesboro District, Frederick County, Virginia. Pursuant to our informal meeting in your office and verbal discussion, it is hereby respectfully requested that you place Mr. Lamp's application on the agenda for the September or October meeting for the purpose of having an informal discussion with the Planning Commission in hopes that we can get some advice or guidance from them and/or feel in reference to re -zoning Mr. Lamp's property which is presently in an agriculture and/or rural zoning classification. In the event that you need my office to supply your staff with any information prior to the informal meeting such as a copy of the deed, survey, adjoining neighbors, etc., please do not hesitate to contact my office. I deeply appreciate your advice in reference to the Planning Commission. With kind regards, Sincerely, Clinton R. Ritter Attorney at Law CRR/tp cc: James Lamp 116 I 335 29� -324-629- 166 103 2 pts See 108 ' 110 ,3 =� 4`� 4 y� 587-407 � ,� 98 Irq8� y. --See 100 /0% 51008 174 102 co O 0 co 171D S-2 9 16 214 �6 X33 171 C �� 172 � 161 �S9 171f - 135 71E135 164is3q �6p CO / 170 A 272-271 2 pts. � G 156 149 135 56A154 2pts. See 151 148 1V3C- 1to3 147 . /T 151 �-� P !� �q �4 150 A See 154 0 �60 2A s?Jc INSERT 134 ; �1 1 136A" COP COP; r \ rys .�a I ,46, 1716 `\r .�4 4hCG' (b -� 7 4 7/