PC 08-05-92 Meeting AgendaAGENDA
FREDERICK COUNTY PLANNING COMMISSION
The Old Frederick County Courthouse
Winchester, Virginia
AUGUST 5, 1992
7:00 P.M. CALL TO ORDER TAB
1) Meeting Minutes of June 3 and July 1, 1992 ....................... A
2) Bimonthly Report ........................................... B
3) Committee Reports ......................................... C
4) Citizen Comments .......................................... D
5) Subdivision # 005-92 of Fairfax Drive Extension for an additional entrance/
exit to Fredericktowne from Fredericktowne Estates. This property is
located southwest of St. Route 1057 and southeast of St. Route 1058,
in the Opequon District.
(Mr. Miller) ..............................................E
6) Memo re: the 1992 VA Institute for Planning Commissioners and VA Certified
Planning Commissioner's Program.
......................................................... F
7) Memo re: Virginia Byway request.
........................................................ G
PUBLIC HEARINGS
8) Conditional Use Permit #009-92 of Charles and Faye Grady for a dog kennel. This
property is located off of Route 735 on Route 709, in the Opequon District.
(Mr. Miller) .............................................. H
9) Conditional Use Permit #010-92 of Lewis A. Boyer, II, for the relocation of an
existing landscaping contracting business. This property is located on Route 277,
east of the intersection of Route 277 and Route 636, in the Shawnee District.
(Mr. Miller) ................................................ I
10) Cancellation of Conditional Use Permit #016-91 of Christopher Chisholm and
Stephanie Slonaker. This CUP for a dog grooming kennel was located on property
north of Winchester on Route 522 North, in the Gainesboro District.
(Mr. Miller) ............................................... J
11) Rezoning Application #001-92 of John & Jane McAllister to rezone two acres from
RP (Residential Performance) to B-2 (Business General) for retail
business. This property is located north and adjacent to State Route 277,
east of Stephens City, in the Opequon District.
(Mr. Tierney) .............................................. K
OTHER
12) Memo re: the request of Mr. Fred Harrier, developer of Lake Isaac Estates,
to extend a private road within the subdivision to be built to standards
consistent with existing roads within that subdivision.
................................... ...................... L
13) Memo re: Battlefield Preservation Legislation.
........................................................ M
14) Other (no attachment).
........................................................ N
MEETING MINUTES
111awt.K"
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board Room of the Old Frederick County Court House in Winchester, Virginia on
June 3, 1992
PRESENT: Plannine C mmissioners present were: James W. Golladay, Jr., Chairman;
Manuel C. DeHaven, Stonewall District; S. Blaine Wilson, Shawnee District;
Ronald W. Carper, Gainesboro District; Marjorie H. Copenhaver, Back Creek
District; Roger L. Thomas, Opequon District; John H. Light, Stonewall District;
and Beverly Sherwood, Board Liaison.
AB3iENT- Todd D. Shenk, Gainesboro District; George L. Romine, Shawnee District; and
John R. Marker, Vice Chairman/Back Creek District
Nanning Staff present were: Robert W. Watkins, Secretary/Planning Director;
Lanny C. Bise, III, Planner I; and W.- Wayne Miller, Zoning Administrator
CALL TO ORDER
Chairman Golladay called the meeting to order at 7:15 p.m.
BIMONTHLY REPORTS
Chairman Golladay accepted the Bimonthly Report for the Commission's
information.
!COMMITTEE REPORTS
TraMortation Commince - 6/1/92 Mtg:
Mr. Thomas reported that the Transportation Committee discussed a number of
Problems around the county, mainly dealing with speed limit signs and ways to reduce speeds
in and around subdivisions.
2
Rt 37 Technical Advisory Committee (TAC)/ Rt 37 -Citizens Advisory Committee (CAC)
Mr. Watkins said that as a result of the input received from public meetings in
April, revisions have been made to the alternatives. Areas such as Stephenson's Depot
Battlefield, Blue Ridge Mobile Home Park, Opequon Heights Subdivision,, and groupings of
homes on Red Bud Road have been avoided.
Mr. Watkins announced that an open house is scheduled for July. He said that
the latest alternatives will be displayed for the public.
Mr. Watkins stated that the consultant is now doing field work and is becoming
involved with various environmental issues.
REVISIONS TO CHAPTER 8, EROSION AND SEDIMENT CONTROL
-Mr. Bise presented amendments to Chapter 8, Erosion and Sediment Control, of
the Frederick County Ordinance. He said that amendments to this chapter were made to reflect
current State standards and were suggested by the Division of Soil and Water Conservation after
a recent review of the County's ordinance. Mr. Bise said that the changes are being made to
protect the County from any legal liability and to prevent erosion problems within subdivision
development.
Mr. Bise proceeded to review the changes with the commissioners. No action was
required by the Commission at this time.
BATTLEFIELD TOUR TASK FORCE
Mr. Watkins said that the Board of Supervisors has recommended that a task force
be established to develop and carry out a strategic plan to preserve and appropriately utilize
battlefields and other historic sites. He said the purpose is to create a system of battlefields and
other historic open space and sites to be used to develop a heritage tour for the Winchester -
Frederick County area that will attract visitors from throughout the nation and the world. Mr.
Watkins noted that the Task Force should be composed of ten to twelve representatives of local
government, tourist related businesses, historic preservation groups, property owners and other
interested individuals.
3
Conditional Use Permit #006-92 of James R. Orndorff for a dog kennel. This property
is located off of Route 50 West approximately seven miles on Route 608 in the Back
Creek District and is designated as PIN #590000A000055D.
Action - Approved
Mr. Bise said that this application was for an existing kennel operation that was
unknowingly operating illegally in the Rural Areas District. He said that approval of this permit
will not change the character and established pattern of development in the area. He said that
the existing kennel facilities are approximately 200-250 feet from the nearest residence and
adequate screening is provided by a mixture of trees and vegetation. The existing driveway area
provides adequate parking for approximately five vehicles. Since overnight boarding of dogs is
not proposed and since the site is well buffered from adjoining properties, noise is not expected
to be a problem. Staff recommendations were for approval with conditions.
Mr. James R. Orndorff, the owner, said that he breeds labrador retrievers. He
said that he does not operate a boarding kennel.
There were no public comments.
`Upon motion made by Mrs. Copenhaver and seconded by Mr. Wilson,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
approve Conditional Use Permit #006-92 of. James R. Orndorff for a dog kennel on property
zoned RA and located off of Route 50 West in the Back Creek District with the following
conditions:
1) Any change in use shall require a new Conditional Use Permit. 0
2) All materials associated with this business will be kept indoors.
3) A sign permit shall be obtained for the existing sign. Additional signs will not be
allowed.
4) Current operations shall be limited to 20 adult dogs, unless new facilities are constructed.
5) No structures shall be expanded to contain the use nor new structures constructed for the
use unless a revised conditional use permit is obtained.
4
ANNUAL REVIEW OF CONDITIONAL USE PERMITS
Mr. Miller said that the listing of all conditional use permits (CUPs) was
previously submitted to the Commission and all permits that were identified as problems were
investigated and appropriate actions taken. Mr. Miller said that the staff recommends approval
of all permits as presented with the elimination of two permits as follows:
#014-81 William D. & Charlotte A. Payne --Small Engine Repair Shop on Rt. 522 South
RE: Mr. Payne is deceased and Mrs. Payne (now remarried) has advised that the use will not
be restarted.
#010-86 Charles & Fay Grady --Kennel on Route 625.
RE: Use has been discontinued; the Gradys are applying for a new permit at another location.
Some discussion ensued regarding CUP #002-90 of Carl C. Ay, Jr., Colonial
Farms Nursery. Mr. Miller said that both he and the Chairman of the Board, Richard Dick,
visited the site because of the continued complaints. Mr. Miller said that the Chairman is
satisfied that the permit is basically in compliance. Mr. Miller said that the applicant has said
that he will continue to improve the screening. Chairman Golladay requested that the adjoining
property owners be notified that a site visit was conducted.
There was no public comment.
Upon motion made by Mr. DeHaven and seconded by Mr. Wilson,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
recommend renewal of all current conditional use permits for an additional one-year period with
the exception of CUP #014-81 of William D. and Charlotte A. Payne and CUP #010-86 of
Charles and Faye Grady. (CUP listing attached at end of minutes.)
An amendment to Chapter 21 of the Frederick County Code, Zoning Ordinance, Article
IX, Business and Industrial Zoning District, Section 9-1-4, Light Industrial (M-1), to
include Human Service Centers as an allowed use and Article III, Supplementary Use
Regulations, Section 3 -23 -
Action - Approved
Mr. Watkins explained that the proposed amendment to allow "Human Service
Centers" in the M-1 Zone comes in response to a request from Thin Line, Inc. Mr. Watkins
5
said that the Development Review and Regulations Subcommittee recommended that Human
Service Centers, including pre-release residential programs, be an allowed use in the M1 District;
however, certain conditions should be placed on this use wherever it occurs and should be
addressed under the supplemental use regulations section of the ordinance.
Mr. Stephen M. Gyurisin, of Plans & Projects, the project manager, introduced
himself and board members of Thin Line, Inc. Mr. Gyurisin said that along with working with
the Development Review and Regulations Subcommittee, Thin Line, Inc. has met with the
Historic Resources Advisory Board and received a recommendation of approval on their specific
site proposal plan. He said that Thin Line has also taken initiative to make the site eligible for
the national register. Mr. Gyurisin said that they have also met with the local Historic Society,
the Civil War Institute, the local Shenandoah Valley Civil War Foundation, the National
Association for Preservation of Civil War sites, the Preservation of Historic Winchester, the
Industrial Park Owners Association, the Economic Development Commission's Planning Staff,
and the adjoining Fort Collier property owners.
Mr. Mark Puckett, Director of Thin Line, Inc., explained the day monitoring
program and the residency program to the Commission. He said that the "day monitoring
program" is an educational program covering subjects such as budgeting, writing. resumes, job
placements and referrals, living skills, appropriate interaction with peers and authority, and
continuing edmation for persons on probation/parole. Participants would report in from 8:30
to 5:00 each day. Mr. Puckett said that the "residency program" provides a stable living
environment, treatment, and braining for chemical and alcohol dependency in the last phases of
incarceration. The theory being that the individual will benefit more from the program than
from a longer stay in a penitentiary.
Mr. Richard Demorist, a Thin Line, Inc. Corporation Board Member, said that
along with his involvement in the activities of Thin Line, he is also interested in the historic
aspects of the site. Mr. Demorist said that Thin Line is proposing to work with any or all of the
historic agencies in developing a walking path, parking area, and easements, etc. for the fort
itself and to operate as an historic attraction.
Since Thin Line, Inc. had no authority to hold individuals on the premises,
commissioners were concerned about the type of offenses program participants were charged
with. Mr. Puckett said that most of the individuals participating in the program would be
referred by the Department of Correction's District 11 Office of Adult Probation and Parole and
possibly, the Division of Court Services Program. He explained that these individuals would
have first-time offender possession charges, first-time offender distribution with circumstance
charges, or would be habitual offenders for DWI. He said that there will be no individuals with
burglary, robbery, or assault charges. Any person with a violent offense or history will be
excluded from the pre-release program.
Commission members questioned whether the M1 zone was an appropriate location
for this use. They had concerns about a pre-release program being located within an unsecured
A
area in an industrial park containing a mix of business and industrial uses. Mr. Thomas
suggested placing additional restrictions on the use. Mrs. Sherwood felt that if so many
restrictions were required, then maybe this use was not appropriate for an M1 zone in any area
of the county. Commissioners felt that the "residency" part of the program was what was
causing the most concern and the fact that the facility was not "secure."
In support of the program, Mr. Thomas and Mr. Wilson felt that if the M1 area
was inappropriate for this use, then the County needed to say where the use was appropriate.
They felt that the County should rely on the judicial system to release only those persons
appropriate to be in a pre-release program. They also felt that this particular type of offender
needed education on appropriate behavior and problem solving, which the current judicial system
could not provide
Mr. Thomas moved that Human Service Centers, including pre-release residential
programs, be permitted in the M1 District with two additional conditions besides those presented
by the staff: 1) The pre-release program would only be for drug and alcohol offenders; and 2)
Participants would only be received from the Lord Fairfax Planning District #11 area. This
motion was seconded by Mr. Wilson.
BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend
approval of the amendment to Chapter 21 of the Frederick County Code, Zoning Ordinance,
Article IX, Business and Industrial Zoning District, Section 9-1-4, Light .Industrial (Ml) to
include Human Service Centers, including pre-release residential programs, as an allowed use;
and Article III, Supplementary Use Regulations, Section 3-23, listing the following conditions:
1. This use shall be located on a minimum of five acres.
2. This use shall not be located in a planned/platted industrial park.
3. This use shall be served by public water and sewer.
4. All structures associated with this use shall comply with the on-site buffer requirements
specified in Section 3-12-4.1 of the Frederick County Zoning Ordinance.
5. The floor area for residential uses shall be secondary to the outpatient office floor area.
6. The maximum number of residents shall not exceed 24 persons.
7. A residential manager shall be on duty 24 hours daily.
8. The pre-release program would only be for drug and alcohol offenders.
9. Participants would only be released from the Lord Fairfax Planning District #11 area.
The vote on this amendment was:
YES TO APPROVE): Thomas, Wilson, DeHaven, Light
NO: Golladay, Copenhaver, Carper
7
CANCELLATION OF JUW 17 PLANNING COMMISSION MEETIN
Upon motion by Mr. Thomas and seconded by Mr. Wilson, the Commission
unanimously agreed to cancel their next regularly scheduled meeting on June 17, 1992.
ADJOURNMENT
No further business remained to be discussed and the meeting adjourned at 8:55
p.m. by unanimous vote.
Respectfully submitted,
Robert W. Watkins, Secretary
James W. Golladay, Jr., Chairman
CONDITIONAL USE PERMITS
BACK CREEK DISTRICT
PERMIT NUMBER
NAME ROUTE NUMBER
033-74
Earl Armel - Mobile Home Park
608
050-75
Dowling Co., Inc. - Off Site Sign _.
I1S
068-76
Betty Peacemaker - Beauty Shop
628
004-77
Emory Wilson - Small Engine Repair
652
006-77
Ralph W. Poe - Campground
1317
018-78
Francis & Helen Kowalski --
50W
Antique Shop
022-78
Round Hill Ruritan Club - Sign
50W
012-79
Alfred L. & Annie Jane Hicks -
628
Wheel Balancing Shop
015-79 _
Loring R. Nail - Lawnmower Sales
50W
021-79
Ralph W. Poe - Campground, Motorhome,
50W
Trailer Sales
003-80
Albert & Sandra Poore - Public Garage
600
008-80
Melvin E. Nail - Fix -It Shop
614
010-80
Ralph & Veronica Machotka - Sign Shop
621
025-80
Robert S. Hawkins - Public Garage
622
009-81
Margaret Brown - Beauty Shop
652
013-81
Patricia A. Abbott - Beauty Shop
616
002-84
Raymond R. Lickliter, Sr. - Kennel
611
012-86
John O. Hahn - Re-establish a Legal
621
Nonconforming Use
011-87
Ann Marie Beach - Beauty Salon
652
005-88
Raymond E. Brill - Sand Mine
603
006-88
Gary Ray Hunt - Motorcycle Repair
50W
and Sales
008-88
Steven P. Williams - Equipment Sales
50W
Back Creek District CUP List
Page 2
003-89
Keplinger Repair Service - Garage
654
and Repair Facility
011-89
Richard L. & Margaret Goodwin -
50W
Public Garage
006-90
Gregory Investments - Recreational
11S
Facility/Golf Driving Range
008-90
Cacapon Valley Child Care Center-
50W/704
Community Center/Child Care
011-90
Allen E. Rogers - Lawn Care Office
620
and Warehouse
001-91
Clifton Brill - Fish Hatchery
604
003-91 _
Marietta & Kim Walls - Veterinary
622
Office and Hospital
006-91
Alice V. Burleson - Silk Flower
Shawneeland
Arrangements
007-91
Charles Munneke - Off Premise Sign
11S,
008-91
Ray George - Machine Shop
600
011-91
Larry Earhart - Truck Repair Service
631
CONDITIONAL USE PERMITS
GAINESBORO DISTRICT
PERMIT NUMBER NAME ROUTE NUMBER
010-74 Frederick County Fruit Growers 522N
Ag. Workers Housing
002-78
Lake Holiday Country Club - Sign
522N
006-78
Edward T. & Carol B_ Place -
654
Auction House
009-78
Joseph A. Helsley - Auction House
690
010-78
Jack and Donna Black - Fruit Market
50W
001-79
Robert E. DeHaven - Country Grocery
522N
005-80
Wayne & Betty J. Kerns -
692
Public Garage
011-80
Charles W. Omps (Ralph Poe) -
50W
Off Site Sign
005-81
Charles A. Strother, Sr. - Used Car
654
-
Parts and Sales
018-81
Elmer H. Lauck - Public Garage
522
010-82
Josephs. & Lynda DuBose -Garage
522N
Farm Equipment and Auto Repair +
015-82
Peter G. & Crystal M. Dassler -
50W
Construction & Sales of Utility Bldgs.
018-82
Jacob Puffenberger - Public Garage
696
010-83
Talbert F. DeHaven, Jr. - Gun Shop
608
006-84
Phillip E. Wine - Public Garage
692
007-84
Shenadoah Valley Oil Co. -
522N
Service Station
004-85'
Glenn C. Whitacre - Sawmill, Type B
127
008-85
Charles E. Cochran, Jr. - Small
654
Engine Repair/Outdoor Equip. Sales
002-86
Kenneth Reed, Jr. - Sign
Fox Dr.
007-86
Ronald J. DeHaven - Public Garage
522N
Gainesboro District CUP List
Page 2
008-86 Robert & Jeanne Spaid - Antique Shop
002-87 Janet Bissell - Dog Kennel
004-87 Wray D. & Darlene T. Kimmel -
009-87
010-87
012-87
017-87
018-87
003-88
007-88
011-88
001-89
004-89
005-89
012-89
013-89
014-89.
007-90
016-90
018-90
Boarding Kennel
Lloyd R. Renner - Off Premise Sign
C. Joe Lizer - Off Premise Sign
ADG,Inc. - Commercial Outdoor
Recreation Center "AKA"
Douglas L. Owens - Country General
Store/Gas Pumps/Private Residence
Theodore P. Hoover - Public Garage
and Body Shop
Westminister - Canterbury - Sign
Ronald E. Gordon - Automobile Repair
Holt Corporation - Radio Station
50W
522N
522N
522N
522N
694
50W
654
522N
789
50W
Charles & Nancy Thompson - Garden 739
Supplies and.rentals
William E. Gill - Heating and Air 852
Conditioning business
John E. & Delphia J. Shelly -
Retail Sales and Groceries
�L
Charles & Dolores Middleton - C�
VCR Repair Shop
Richard Dale & Merle D. Kerns -
Country General Store
Robert R. Sheehan, Jr. - Sign Shop
Roger Lee Jenkins - Auto Repair
Garage
Christopher Chisholm & Stephanie
Slonaker - Dog Grooming
Ernest W. Creek - Public Garage
522N
522N
600/690
50W
608-
522N
701
Gainesboro
District CUP List
Page 3
004-91
Luther H. Combs - Auto Repair w/o
654
Body Repair
005-91
Leda J. Lizer
- Beauty Salon
789
009-91
Otis Goodwin -
"Outreach to Asia" a
522N
Office
012-91
Roger & Betty
DeHaven - Well Drilling
682
Business
013-91
Dick Ballenger
- Off Premise Sign
522N
.t
s
CONDITIONAL, USE PERMITS
OPEQUON DISTRICT
PERMIT NUMBER
NAME ROUTE NUMBER
018-74
Ray VanDyke , T. G . Adams -
636
Forest Lake Mobile Home Park
019-74
Leslie Mogle - Bike Shop
647
034-75
National Trust for Historic
727
Preservation, Mobile Homes
005-77
James K. Cornell, Battle of Cedar
11S
Creek Campground
020-78
James L. & Donna Powell, Auto
11S
Repair and Body Shop
004-80
Ernest C. Layman, Public Garage
11S
019-80
Richard J. Scherzinger, Small
179 Meadow
Engine Repair
020-80
M. Lucy Luttrel & Ruth A. Whetzel,
628
Antique Shop
022-80
Thomas & Barbara Conrad, Convalescent
11S
and Nursing Home
024-80
Lawrence Johnson, Shoe Repair Shop
277
008-82
Gilbert C. Mills, Sawmill
522
016-82
John H. Wert, Gas Station
11S
012-83
James Lofton, CB Repair & Install
277
006-85
Iva H. Petre, Grocery Store
11S
012-85
Raymond W. Davis, Jr., Clothing
522
and Misc. Retail Sales
003-86
Richard S. Russell, Used Car
11S
Display
Opequon District CUP List
Page 2
013 -8 7
014-87
016-87
002-89
017-89
001-90
015-90
017-90
Holiday Motel, Motel Sign
11 & 627
Roger L. Mcgle, Small Engine -
647
Repair
Harry A. Downard, Farm Supply Sales
842
Thomas J. Gillespie; Auto Repairs
522
Richard A. Keeler, Convenience Store
11S & 634
Roy & Patricia Beatty - Garage and
body repair
11
Kenneth D. & Theresa Kovack - Office
1041
and Workshop
White Oak Trading Post - Country
277
Store and Campground
PERMIT NUMBER
007-74
040-75
023-78
011-79
024-79
025-79
001-81
002-81
008-81
007-82
005-83
001-85
005-85
007-85
004-86
005-86
009-86
006-87
006-89
010-89
CONDITIONAL USE PERMITS
SHAWNEE DISTRICT
N,a=
ROUTE NUMBER
Orrlick Cemetary - Cemetary
656
Boyd Unger - Gift Shop
522S
Charles W. Bush - Bookkeeping
779
Ervin D. & Margie Nates - Home
657
Occupation/Day Care
Dr. Robert Kapp - Replace Mobile Home
Dodge Ave.
Powlen Equipment Co. - Construction
728
Equipment Distribution and Sales
Gary A. Wygal - Income Tax Service
744
Robert Ziegler, Inc. - Off Site Sign
7E
Wesley L. Spangler - Antique Shop
50E
Stephen & Sue Culbert - Silk Flower
657
Arranging
Michael D. Hockman -- Ambulance Service
5225
John W.H. & Gloria M. Collins -
645
Public Garage
David E. & Nancy M. Ritter --
1225
Consignment Shop
Timber Ridge Ministeries Inc. -
522S
Radio Station
Ronald M. Mowbray - Mobile Home
642
Orville R. Comer - Excavation Business
522S
Charles A. Mercer - Gas Pumps
7E
R. Thomas & Carolyn G. Malcolm -
657
Beauty Shop
Kathryn M. Perry - Open Mine Shale Pit
50E
Nicholas P. Turner - Landscape & Lawn
_645
Service
Shawnee District CUP List
Page 2
018-89
Lake Centre (Dave Holiday) - Day,Care
642
Facility
020-89
Ann Riddle - Beauty Parlor -
644
003-90
Mariette Zucchi - Day Care Center
522S
009-90
Edwin & Laura Stewart - Wood Craft
50E
Business
012-90
Warren D. Golightly - Tax and
723
Bookkeeping Service Office
019-90
Michelle Brogger - Catering Service-
847
002-91
Larry A. Welsh - Public Garage With
645
Body Repair
010-91
John Murtagh - Office
645
PERMIT NUMBER
026-74
055-76
009-77
014-78
017-78
019-78
003-79
004-79
005-79
010-79
017-79
016-81
003-82
005-82
020-82
002-83
003-83
004-83
008-83
004-84
.41
CONDITIONAL USE PERMITS
STONEWALL DISTRICT
NAME ROUTE NUMBER
Stanford & Inge Co. - Off Site Sign
11&I-81
National Advertising Co. - Sign -
7&I-81
Margaret A. Carter - Beauty Shop
661
Marcus W. Reid - Antique Shop
672
Frederick County Fair Assc. -
11N
Camping, etc.
Linwood Heironimus, Jr. - CB/Scanner
672
and Misc. Sales
Union Hall, IAMAW Local 2335 - Union
11N
Hall
Eston L. Keeler - Antique Shop
672
Eston L. Keeler - Sign
672
David Grim - Home occupation/
11N
Photography
Denny's Inc. - Off Site Sign
7E
i
Bernard & Sally McClung - Model Home
739
Jerry & Cathy Harris - TV/Video Rental
661
Lloyd & Carolyn Roberts - Beauty Shop
1208
Joseph C. Smith - Commercial Sign
11N
Glenwood Nicholson - Sign
522N
Chester S. Webber - Small Engine
661
Repair
Marvin D. Hoffman - Saw Sharpening
721
Shop
R.D. Brown (Bauserman Oil) -'Off
I-81
Site Signs
Wayne M. Brandt, III - Welding Shop 664
Stonewall District CUP List
Page 2
008-84.
Nerangis Enterprises Inc. - Off
11N
Site Sign
009-84
Merle L. & Mary A. Swartz - Candy -
.11N
Making and Sales
002-85
Charles W. & Adriennel L. Schnabel -
670
Art Studio
009-85
Nansford, Houston, DeWeese - Small
Greenfield
Woodstain Packaging
-013-85
Roger Fitzwater - Public Garage
Warner
001-86
Cheryl L. Anderson - Kennel
836
Ammended: 10/24/90 - Expansion
013-86 -
Joseph C. Smith - Group Adult
7E
Retirement Home
007-87
Regency Lakes Associates - Off
7E
Site Sign
008-87
Regency Lakes Associates - Off
7E
Site Sign
004-88
Joseph C. Smith - Adult Home
7E
013-88
Cheryl Anderson - Off Site Sign
11N&836
008-89
Health Equity Resources of
1025 PA
Winchester, Inc. - Addition to
Avenue
Personal Care Home
019-89
Joanne R. Happ - Art Studio
661
002-90
Carl C. Ay, Jr. - Colonial Farms
11N
Nursery.
004-90
Shirley Wilson - Cottage Occupation
11N
and Sign
005-90
Winchester Skating Center -
7E
Off Premise Sign
020-90
Vickie Patterson - Artist Studio
670
014-91
Robert & Mary Turben - Locksmith
522N
MEETING MINUTES
OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board Room of the Old Frederick County Court House in Winchester, Virginia on
July 1, 1992
PRESENT: Planning Commissioners present were: James W. Golladay, Jr., Chairman; John
R. Marker, Vice Chairman/Back Creek District; Manuel C. DeHaven, Stonewall
District; Todd D. Shenk, Gainesboro District; George L. Romine, Shawnee
District; Ronald W. Carper, Gainesboro District; Marjorie H. Copenhaver, Back
Creek District; Roger L. Thomas, Opequon District; John H. Light, Stonewall
District; and Beverly Sherwood, Board Liaison.
ABSENT: S. Blaine Wilson, Shawnee District
Planning Staff present were: Kris C. Tierney, Assistant Planning Director; Lanny
C. Bise, III, Planner I; and W. Wayne Miller, Zoning Administrator
CALL TO ORDER
Chairman Golladay called the meeting to order at 7:00 p.m.
MINUTES --MAY 6 1992 AND MAY 20 1992
Upon motion made by Mr. Marker and seconded by Mr. Carper, the minutes of
May 6, 1992 were unanimously approved as presented.
Upon motion made by Mr. Marker and seconded by Mr. Carper, the minutes of
May 20, 1992 were unanimously approved as presented.
BIMONTHLY REPORT
Chairman Golladay accepted the Bimonthly Report for the Commission's
information.
OA
COMMITTEE REPORTS
Development Review & Regulations Committee (DR&RC) - 6/9/92 Mtg.
Mr. Thomas reported that the DR&RC discussed stormwater management revisions
to the ordinance.
Economic Development Commission (EDC)
Mr. Romine said that the EDC is busy with the Existing Industry Committee. Mr.
Romine said that the Committee's purpose is to furnish information to local industry to stimulate
local buying.
Mr. Romine presented a letter from Mr. Joseph Vergi, Jr. from Brucetown
regarding Route 37. Upon motion made by Mr. DeHaven and seconded by Mrs. Copenhaver,
the Commission unanimously voted to make the letter a part of the official record. (Letter
attached at end of minutes.) The staff said that Mr. Vergi's suggestions would be forwarded to
the Transportation Committee.
Joint Transportation Committee
Mr. Tierney said that Bruce Santilli, a Winchester Wheelman and a member of
the VDOT's Bicycle Advisory Council, was present to share ideas on bike facilities in the City
and County. Mr. Santilli had stated that the Wheelmen would take the lead role in conducting
a "needs -assessment" survey to determine what areas would be the most functional in terms of
accommodating cyclists. Mr. Santilli also discussed the new federal legislation involving funding
for bicycle paths and lanes. He said that in order for localities to be eligible for funding, the
localities would have to have a bicycle transportation plan.
HISTORIC RESOURCES ADVISORY BOARD (HRAB) PLAQUE PROGRAM
Mr. Tierney said that the HRAB has developed a proposal for a program that
would recognize locally significant properties through the presentation of a plaque. The program
would rely on property owners applying for designation as a historic site. He said that the
application would be reviewed by the HRAB and a recommendation would be made to the Board
of Supervisors as to the merits of the application.
3
Mr. Tierney said that plaques would be awarded to any structure/site which the
Board designated as locally significant. He said that if the program is put into place by the
Board, the HRAB would like to run a design contest to determine the appearance of the plaques.
Mr. Tierney added that several years ago, over $10,000 was given to the County
under the condition that the money be used to fund a plaque program; therefore, if a program
is started, there should be no cost to the County.
Concerns were raised on the liability of allowing public access to historically -
designated properties. Mr. Tierney said that the property owner is under no obligation make his
property available to the public. Another question concerned whether a well-meaning citizen
could volunteer someone else's property. Mr. Tierney said that the application would be
considered only at the owner's consent.
Upon motion made by Mr. Thomas and seconded by Mr. Marker,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
endorse the Historic Resources Advisory Board's amendment to the County Code to establish
a locally significant Historic Property Recognition Program.
ACCESS TO LOCKHART PROPERTY FROM FORT COLLIER INDUSTRIAL PARK
Mr. Tierney presented a letter from Dellitt Lockhart requesting that the access
extending from Brooke Road in Fort Collier Industrial Park to the east and connecting with the
Arcadia property, currently shown as a "future 50' road," be dedicated. Mr. Tierney gave the
following background information:
When the Fort Collier MDP first received a recommendation for approval from
the Planning Commission in April of 1990, the Planning Commission specified that there should
be access provided to the Lockhart property. A statement providing for the proposed future
access was placed on the approved MDP, but not dedicated. A letter of agreement was provided
which stated the conditions under which the right-of-way would be granted. One of these
conditions was that the dedication would take place when the Lockhart property was rezoned
M-1. The reasoning was that this would prevent through residential traffic should the Lockhart
property be developed residentially.
When the Fort Collier MDP was amended, eliminating portions of Brooke Road
and Center Drive to accommodate the Hershey development, the future access was shifted south,
adjacent to the property line of the Regional Jail. This location does not provide direct access
to the Lockhart property. As it is presently located, the access point is on the Arcadia property.
The Lockharts are concerned that if the future road is not dedicated, it might again
4
be relocated or eliminated all together. The rational for not dedicating the right-of-way in its
present location is the same as it was previously. This would open up Fort Collier to additional
residential traffic from the Arcadia Mobile Home Park.
Mr. Tierney said the staff has explained to the Lockharts that the conditions
originally placed on the MDP are still valid. No action was required of the Planning
Commission on this matter.
APPOINTMENTS TO THE STEPHENS CITY STUDY COMMITTEE
As a result of the June 29 meeting between the Stephens City Town Council and
the Frederick County Board of Supervisors, Chairman Golladay appointed Roger Thomas,
Marjorie Copenhaver, and John Marker as county members of a Stephens City Area Study
Committee to study the business corridor on Route 11 North. He said that the function of the
Committee would be to formulate a proposal to study development plans that are submitted along
the business corridor and to deal with the various problems associated with each proposal
between Stephens City and Frederick County.
APPOINTMENTS TO THE COMPREHENSIVE PLAN SUBCOMMITTEE
Mrs. Sherwood said that discussion took place at the last Board meeting on the
problems that may have been created with some of the direction the Comprehensive Plan
Subcommittee was taking. Mrs. Sherwood suggested that two non-voting citizen members be
added to the Comprehensive Plan Subcommittee --one from Middletown and one from Stephens
City --so that information could be shared and the ongoing communication problem might be
resolved. It was the consensus of the Commission that this was a good proposal.
PUBLIC HEARINGS
Conditional Use Permit #007-92 of John E. Merrill for an off -premise sign. This
property is identified with PIN #600000A000075A and is located in the Reynolds Store
area, on the west side of Route 522 North, in the Gainesboro District.
Action - Approved
Staff noted that the applicants are requesting an off -premise business sign to
advertise their business, the Log Cabin Campground. The applicants are proposing to place the
sign on property owned by the Reynolds Store Volunteer Fire Company. Staff recommendations
were for approval with conditions.
5
Mr. Jack Merrill, representing Log Cabin Campground, was present to answer
questions.
Mr. Shenk said that he was familiar with this area and he felt there would not be
problems if the recommendations listed by the staff were followed.
Upon motion made by Mr. Romine and seconded by Mr. Thomas,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
approve CUP #009-92 of John E. Merrill for an off -premise sign with the following conditions:
1. The sign will be maintained in accordance with the requirements of the Frederick County
Zoning Ordinance and the Virginia Department of Transportation.
2. If the dimension of the sign is changed, a new conditional use permit will be required.
3. The sign will be located at least 50 feet from any other business sign.
Conditional Arse Permit #008-92 of Joan M. and Kristi C. Riggleman for a Cottage
Occupation for a Bridal Consultation Service. This property is identified with PIN
#410000A0000990 and is located three miles north of Winchester on Route 522 North,
immediately north of John's Grocery in the Gainesboro District.
Action - Approved
Staff noted that the Rigglemans are currently operating Ellie's�Bridal Shop in the
Hamman Building on the Loudoun Street Mall. They will be closing that business and intend
to continue to offer a consulting service at this new location. The business will be conducted
from an accessory building and will be operated by the mother/daughter partnership with no
additional employees.
Ms. Kristi C. Riggleman, one of the applicants, was present to answer questions.
Upon motion made by Mr. Carper and seconded by Mr. Shenk,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
approve Conditional Use Permit #008-92 of Joan M. and Kristi C. Riggleman for a Cottage
Occupation for a Bridal Consultation Service (T/A Ellie's Bridal Consultation), with the
following conditions:
All review agency comments must be complied with.
M
2. No more than one sign shall be placed along Route 522 and it shall be limited to four
square foot in area.
3. No structures shall be expanded to contain the use nor new structures constructed to
contain the use, unless a revised CUP is obtained.
CANCELLATION OF CONDITIONAL USE PERMIT #016-90 OF CHRISTOPHER
CHISOLM
Staff noted that Conditional Use Permit #016-90 of Christopher Chisolm currently
exists for the location proposed for Ellie's Bridal Consultation Service described above. The
CUP #016-90 was for a kennel and dog grooming service. There is no indication that this
business is active since the sign has been removed, the phone disconnected, and there is no
listing for this individual in the Winchester area. Staff recommends that this CUP be cancelled.
Upon motion made by Mrs. Copenhaver and seconded by Mr. Carper,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
agree to advertise CUP #016-90 of Christopher Chisolm for cancellation.
Proposed Amendments to Chapter 21, Zoning, of the Frederick County Code, Article
XIII, Flood Plain District, Article XVII, Nonconforming Uses, Article XVIII, Board of
Zoning Appeals, and Article XIX, Definitions, of Chapter 21, Zoning Ordinance, of the
Frederick County Code. `
Action - Approved
Staff noted that the revisions are being done to bring the County's Flood Plain
Ordinance into compliance with FEMA (Federal Emergency Management Act) requirements.
Failure to do so would result in Frederick County being dropped from the National Flood
Insurance Program. Staff noted that the revisions were reviewed by the Development Review
and Regulations Subcommittee at their June 9th meeting and their comments have been
incorporated into the revisions. Mr. Bise reviewed the amendments with the Commission.
CHAPTER 21, ARTICLE XIII. FLOODPLAIN DISTRICTS
Upon motion made by Mr. Thomas and seconded by Mr. Light,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
7
recommend approval of the ordinance to amend Article XIII, Floodplain Districts, Sections 13-1,
13-4, 13-5, and the creation of a new Section 13-6, 13-9, and 13-10 to bring the ordinance into
compliance with FEMA requirements.
CHAPTER 21 ARTICLE XVII NONCONFORMING USES
Upon motion made by Mr. Marker and seconded by Mr. Carper,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
recommend approval of the ordinance to amend Article XVIII, Nonconforming Uses, to create
Section 17-4-5 that sub -references Article XIII, Section 13-6 when considering expansion or
modification to an existing structure or use that is located within the Flood Plain Districts.
CHAPTER 21, ARTICLE XVIII BOARD OF ZONING APPEALS
Upon motion made by Mr. Marker and seconded by Mr. Carper,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
recommend approval of the ordinance to amend Article XVIII, Board of Zoning Appeals, to
create Section 18-2-3.3 that sub -references Article XIII, Section 13-10 when considering a
variance application within the Flood Plain Districts.
CHAPTER 21 ARTICLE XIX DEFINITIONS
Upon motion made by Mr. Shenk and seconded by Mr. Marker,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously
recommend approval of the ordinance to amend Article XIX, Definitions, by adding and revising
definitions to bring the ordinance into compliance with FEMA requirements.
E
ADJOURNMENT
No further business remained to be discussed and the meeting adjourned at 8=30
p.m. by unanimous vote.
Respectfully submitted,
Robert W. Watkins, Secretary
James W- Golladay, Jr., Chairman
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72� Ra-� OF
M E M O R A N D U M
TO: Frederick County Planning Commission
FROM: Robert W. Watkins, Secretary
SUBJECT: Bimonthly Report
DATE: July 27, 1992
(1) Rezonin s Pending: dates are submittal dates
Twin Lakes 4/04/90 (Shaw) (RA to B2/RP)
John & Jane McAllister 7/09/92 (Opeq) (RP to B2)
(2) Rezonin s Approved: dates are BOS meeting dates
None
(3) Rezonin s Denied: dates are BOS meeting dates
None
(4) Conditional Use Permits Pending: dates are submittal dates
John Merrill 05/06/92 Gain Off premise sign
Joan & Kristi Riggleman05/29/92 Gain Bridal Consultant
Charles & Faye Grady 06/25/92 Opeq Dog Kennel
Lewis Boyer, II 07/08/92 Shaw Landscaping
Business
(5) Conditional Use Permits Approved: dates are approval dates
James R. Orndorff 07/08/92 BkCk Dog Kennel
(6) Site Plans Pending: dates are submittal dates
Wheatlands Wastewater Fac. 9/12/89
Grace Brethren Church 6/08/90
Flex Tech 10/25/90
Hampton Chase 12/18/90
Lake Centre 05/15/91
Red Star Express Lines 05/24/91
Winchester Airport 03/02/92
Freeton 04/27/92
Greenwood Bapt. Church 05/07/92
Signal Station 06/25/92
Opeq
trmt.facil
Shaw
church
Ston
Lgt. Industrial
Ston
S.F. & T.H.
Shaw
Townhouses
Ston
Whse. Addition
Shaw
Increased safety
zone/road relocation
Opeq
Townhouses
Shaw
Church & Parish
BkCk
Car wash addition
2
(7) Site Plans Approved: (dates are approval dates)
Youth Dev. Center 06/26/92 Shaw Youth meeting
facilities
Albin Ridge Warehouse 07/14/92 Gain A d d i t i o n a l
warehouse units
Airport Business Ctr. 07/17/92 Shaw Office building
(8) Subdivisions Pending: (dates are submittal dates)
Fairfax Drive Ext. 06/26/92
Deer Run @ Sherando 07/17/92
Opequon
Opequon
(9) Subdivisions Pending Final Admin. Approval: (P/C approval
dates
Abrams Point, Phase I
Frederick Woods
Hampton Chase
Lake Centre
Fredericktowne Est.
(sections 5, 6 and 7)
Coventry Courts
Senseny Glen
Freeton
Battlefield Partnership
6/13/90
5/16/90
02/27/91
06/19/91
10/16/91
Shawnee
Opequon
Stonewall
Shawnee
Opequon
12/04/91 Shawnee
12/04/91 Shawnee
05/20/92 O p e q u o n
05/20/92 Back Creek
(10) PMDP Pending: (dates are submittal dates)
None
(11) FMDP Pending Administrative Approval: (dates are BOS approval
dates
Battlefield Partnership 04/08/92 Back Creek
Hampton Chase (revised) 05/27/92 Stonewall
Freeton 06/08/92 Opequon
(12) FMDP Administ. Approved (dates are admin. approval dates)
None
(13) Board of Zoning Appeals Applications Pending:(submit. dates)
Wm. H.
Pfahl
07/06/92
Opeq
Adm.
Appeal
H. Bruce Edens
07/17/92
Ston
7.5'
Sign Setback
Joseph
Edmiston
07/22/92
BkCk
1.5'
Garage
Rbt. &
Tamara Symons
07/24/92
Shaw
18'
Garage
Rbt. &
Sherrill Price
07/24/92
Opeq
5'
Addition
3
(14) BZA Applications Approved• (approval dates)
Washington Homes
(15) BZA Applications Denied•
None
07/21/92 Ston 1. 5' front
(house)
(16) PLANS RECD. FOR REVIEW FROM CITY OF WINCHESTER
None
P/C Review Date: 8/05/92
SUBDIVISION APPLICATION
#005-92
FAIRFAX DRIVE EXTENSION
LOCATION: Adjacent to Fredericktowne Subdivision, southwest of
Rockbridge Road (State Route 1057) and southeast of Wythe Avenue
(State Route 1058).
MAGISTERIAL DISTRICT: Opequon
PROPERTY ID NUMBER: 750000A0000670
PROPERTY ZONING & PRESENT USE: Zoned R -P (Residential Performance)
land use - residential
ADJOINING PROPERTY ZONING & PRESENT USE: Zoned R -P (Residential
Performance), land use - residential and vacant
PROPOSED USE: Addition entrance/exit to Fredericktowne Estates
REVIEW EVALUATIONS:
_Virginia Debt. of Transportation: See attachment -letter from
Robert Childress, dated June 11, 1992.
Fire Marshal: Approved by the Fire Marshal's office.
Sanitation Authority: No comment.
County Engineer: The proposed dedication is approved as
platted for the extension at Fairfax Drive.
Planning & Zoning: This subdivision is for an extension of
Fairfax Drive from Fredericktowne Estates to connect with
Wythe Avenue in Fredericktowne. Lot 51 in Fredericktowne was
previously eliminated to permit this connection and the
2
building of this street is the responsibility of the
Fredericktowne Estates developer. This proposed tract was
part of the Fredericktowne Estates MDP. Lot 1 is created by
necessity since the .2615 acre parcel for Fairfax Drive is
coming off of this tract. Lot 1 is Zoned RP and has an
existing dwelling on it.
The comments from VDOT concerning the 18' ingress/egress
easement must be addressed prior to putting this plat to
record. I have been advised by the developer's engineer that
the easement that exists in the street right of way will be
abandoned and permits for private entrances will be obtained
to keep the easement open for the residents that require its
use.
STAFF RECOMMENDATIONS FOR 8/05/92 PC MTG.: Approval with the
stipulation that the VDOT requirement is satisfied prior to
recordation of this plat.
1 r
M1 AY 2 21992
APPLICATION AND CHECKLIST
SUBDIVISION
FREDERICK COUNTY VIRGINIA
Date: 13 MAY 1992 Application #: (905-9 Fee Paid
Applicant/Agent: G.W. Clifford & Associates Inc.
Address: P.O. Box 2104
Winchester, Va 22601
Phone: (703) 667-2139
Owners name: Lewis M. Costello Kenneth D Keller & Douglas M
Keller
Address: P.O. Box 2740
Winchester, Va 22601
Phone: (703)662-5589
Please list names of all owners, principals, and/or majority
stockholders:
Lewis M. _Costello Kenneth D Keller & Douglas M Keller
Contact person: P. Duane Brown
Phone: (703) 667-2139
Name of Subdivision: Fredericktowne Estates
Number of Lots: 1 Total Acreage: 0.9705 Ac.
Property Location: Adjacent to Fredericktowne Subdivision Section
III, 550 feet southwest of Rockbridge Road (St Rte 1057) 300
feet southeast of Wythe Avenue (St Rte 1058)
Magisterial District: Opeauon
Tax ID Number: 75-A-67
Property zoning and present use: RP (Residential)
Adjoining property zoning and use: RP(Residential & Vacant)
Has a master Development Plan been submitted for this project?
Yes X No
If yes, has the final MDP been approved by the Board of
Supervisors? Yes X No
What was the MDP title? Fredericktowne Estates
Does the plat contain any changes from the approved MDP?
Yes No X
If yes, specify what changes
Minimum Lot Size (smallest lot): 0.7090 Ac. (0.2615 Ac. Future
Fairfax Drive)
Number and types of housing units in this development:
Number 1
Types Single Family Residential
!. CC W7 � ; f
2
IJ _ j
RAY D. PETHTEL
COMMISSIONER
COMMONWEALTH of VIRGINIA
DEPARTMENT OF TRANSPORTATION
P. O. BOX 278
EDINBURG, 22824
June 11, 1992
Mr. P. Duane Brown
C/O G. W. Clifford & Associates
200 North Cameron Street
P. O. Box 2104
Winchester, VA 22601
Dear Duane:
WILLIAM H. BUSHMAN
RESIDENT ENGINEER
TELE 1703) 984-4133
FAX (703)984-9761
Ref: Fredericktowne Estates
Section A
Route 1058
Frederick County
We are returning the above referenced subdivision plat unsigned due to the 18' ingress/egress
easement shown within the future Fairfax Drive right-of-way.
If it is the developer's intention to add the street to the State's Secondary System, then the
easement will need to be removed. Furthermore, detailed site plans will need to be submitted
for review and approval prior to any additional development of this property.
Should you have any questions concerning the above, please let me know.
RBC/rf
Enclosures
xc: Mr. R.
W. Watkins
Sincerely,
William H. Bushman
Trans. Resident Engineer
By: Robert B. Childress
Hwy. Permits & Subd. Specialist Sr.
TRANSPORTATION FOR THE 21 ST CENTURY
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FINAL PLAT
Fredericktowne Estates - Section A
OPEQUON MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
l •••• Rad
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POO
��• VICINITY^MAP
SCALE: 1"=2,0001
�•�
APPROVED BY
FRED. CO. SANITATION AUTHORITY DATE
PLANNING COMMISSION DATE
SUBDIVISION ADMINISTRATOR DATE
VA. DEPT. OF TRANSPORTATION DATE
OWNER'S CERTIFICATE
The above and foregoing Subdivision of the land of Lewis M. Costello, f<enneth D. Keller
and Douglas M. Keller, as appears in the accompanying plat, is with the consent and in
accordance with the desires of the undersigned owners, proprietors, and trustees, if any.
SURVEYOR'S CERTIFICATE
I hereby certify that the land contained in this Subdivision is a portion of the land
conveyed to Lewis M. Costello, Kenneth D. Keller and Douglas M. Keller by deeds dated
March 31, 1986 and November 2, 1987, said deeds recorded in the Office of the Clerk
of the Circuit Court of Frederick County, Virginia, in Deed Book 613 at Page 331 and
Deed Book 664 at Page 396, respectively.
L .TimP. Duane Brown, C.L.S.
WP. DUANE .- Date: Play 13, 1992
(.over Sheet.
-`"-�I
Area Summary
Area in Lots 0.7090 Acres
Area in R/W 0.2615 Acres
Total Area Subdivided 0.9705 Acres
No. of Lots 1
Proposed Use: Single Family Detached -Traditional
Top of Virginia
Development Corporation
J
Lot 1 is Subject to a 20' Slope & Drainage Easement
along the (Future Fairfax Drive) Right -of -Way and
a 10' Utility & Drainage Easement along all Property
Lines.
00
0 , FREDERICKTOWNE ESTATES -SECTION A
�� P..DilANE V' Date: May 13, 1992 Scale: I"=40'
F.W. Nichols I
Lot 52
—�
Ex. 18' R/W
(Ingress -Egress Easement)
\
Top of
Va. Dev. Corp.
S64'1 6'34"E 190._00'
Fairfax
p
Drive
so' R/W
'N)
0.2615 Acres o�
(Future Fairfax Drive) o'
I0
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S64°18'34"E 189,77'
cn
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O
in
r
MA
Lot 50
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_ 35' B,R.L _ M
-- --� N
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II
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Ir
3
Lot t
m
m
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0.7 090 Ac.�,�
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II
ml iN
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Lot
Lot 49
—
--
N61 °54'03"W 189.48' _-
I
R.C. & D.C. Blair
Lot 48
I
a
•
Area Summary
Area in Lots 0.7090 Acres
Area in R/W 0.2615 Acres
Total Area Subdivided 0.9705 Acres
No. of Lots 1
Proposed Use: Single Family Detached -Traditional
Top of Virginia
Development Corporation
J
Lot 1 is Subject to a 20' Slope & Drainage Easement
along the (Future Fairfax Drive) Right -of -Way and
a 10' Utility & Drainage Easement along all Property
Lines.
00
0 , FREDERICKTOWNE ESTATES -SECTION A
�� P..DilANE V' Date: May 13, 1992 Scale: I"=40'
COUNTY of FREDERICK
Department of Planning and Development
703/665-5651
FAX 703/678-0682
MEMORANDUM
TO: Frederick County Planning Commission
FROM: Robert W. Watkins, Planning Director
�-
SUBJECT: Institute for Planning Commissioners
Certified Planning Commissioner's Program
DATE: July 23, 1992
Attached is information concerning the Institute for Planning Commissioners and Certified
Planning Con'unissioner's Program scheduled for Sunday October 11, 1992, through Tuesday
October 13, 1992.
We have had Commission members attend in the past and hope to send several members
to the program this year. Anyone interested in attending either the Planning Commissioners
Conference or the Certified Planning Commissioners Program will need to contact the
Planning Department as soon as possible so arrangements can be made. Note that the
Certified Planning Commissioners Program is limited to the first 45 people who register.
See the attached brochure for additional information and feel free to call if you have any
questions.
RWW/slk
attachment
THE COURTHOUSE COMMONS
9 N. Loudoun Street - P.O. Box 601 - Winchester, Virginia - 22601
nen-
Dear�. Fellow PIanp�ap on�id to'seeing, 7
Planning Director
County of Frederick
Po�5t OFfioe Box 601
Winchester/ Uirginia 22601
.. ,- - - .
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-
-INTRODUCTION - . _ SPONSOR -
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The Virginia institute for Planning Commissic� I . The Virginia Citizens Planning A sociation (VCPA} -
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Y was initiated in t976:as � program of cDntrnurng _ ;was founaed In 1950 as an independent; non-profit,_.;
frainln I for eXpenenced and neQy-appointed - r:`. apolrtrcal'associatibh interested Irt planning as a_ : -
planning commissioners, zoning and subdivision �" _ means af:making our-communriles�ette� AICPA =
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I COUNTY of FREDERICK
Department of Planning and Development
703/665-5651
FAX 703/678-0682
MEMORANDUM
TO: Frederick County Planning Commission
FROM: Robert Watkins, Director � VA/
SUBJECT: Virginia Byway Request
DATE:
July 21, 1992
We have a received a request from the Virginia Department of Conservation and
Recreation to obtain an endorsement of a request to designate roads in Frederick County
as Virginia Byways. Information is attached.
Since this is not a type of request commonly received, I would suggest that we begin by
discussing how we wish to proceed with this request.
RWW/slk
attachment
THE COURTHOUSE COMMONS
9 N. Loudoun Street - P.O. Box 601 - Winchester, Virginia - 22601
',OBERT HICKS. JR.
.rector
.ADMINISTRATION
NATURAL HERITAGE
PLANNING AND RECREATION RESOURCES
SOIL AND WATER CONSERVATION
STATE PARKS
DEPARTMENT OF CONSERVATION AND RECREATION 47, „u,i IN
DIVISION OF PLANNING AND RECREATION RESOURCES � QQUi!
artRlC
Art Buehler, Division Director 1 �i�piStC
203 Governor Street, Suite 326NJ
TDD (804) 786-2121 Richmond, Virginia 23219-2010 (804) 786-2556 FAX: (804) X86-61.41 �V
June 5, 1992
Mr. John R. Riley, Administrator ZRD-92
Frederick County
P. O. BOX 601
Winchester, Virginia 22601
Dear Mr. Riley:
Some time Ago, a citizen group from Frederick County, Citizens
for a Quality Community, requested that a number of roads in the
county be considered for designation as Virginia Byways. At the
request of this group, a review team comprised of personnel from
my staff and the Department of Transportation's (VDOT) Environ-
mental Division went to the County to survey and photograph the
roads identified in their letter. The review team has also
consulted the files of the Department of Historic Resources,
reviewed applicable traffic data in VDOT's files and studied the
COMPREHENSIVE POLICY PLAN, Frederick County, Virginia, dated
April 1991.
Of the roads reviewed, the team is prepared to recommend Virginia
Byway designation for the following segments:
* Route 692 from Route 522 to Route 600; then Route 600 to
the intersection with Route 55.
* Route 739 from the West Virginia State line to the
intersection with Route 522.
* Route 628 from Route 11 (in Winchester) to the
intersection with Route 622 in the Marlboro Community,
then Route 622 to Route 11 (creating a loop route).
Before the Department of Conservation and Recreation proceeds any
further, we would like to obtain a resolution of endorsement from
B38810/MER
Mr. John R. Riley
June 5, 1992
Page 2
the Frederick County Board of Supervisors for the inclusion of
these roads into the Virginia Byway system.
Attached is general information regarding the Virginia Byway
program. If there are specific questions requiring more
information, please contact Derral Jones of my staff,
(804) 786-5046.
Yours truly,
G "-0a,
Art Buehler
AB:CDJ/br
Attachments: 3
cc: Earl Robb
Virginia Department of Transportation
Martha A. Wolfe
Citizens for a Quality Community
B38810/MER
for a Quality Community
'. O. Box 2558, Winchester, VA 22801
December 9, 1991
Art Buehler
Director, Division of Planning and Recreational Resources
203 Governor Street
Richmond, Virginia 23219
Dear Mr. Bueler:
We, the members of Citizens for a Quality Community in
Frederick County and Winchester would like to recommend the
following roads as additions to Virginia's system of scenic
bywayst
1. "The Valley Pike", U. S. 11, in two sections: south from
Bartanville to Cedar Creek and north from Stephenson to
the Idest Virginia line.
2. "Braddock's Road", Rt. 672, from Charles Town to Cedar
Grdve.
3. Rt. 600, the length of the county.
4. Rts. 628 and 622 in a loop from Winchester to Marlboro
and back.
5. Rt. 739, Apple Pie Ridge Road, from 522 to the, 'lest
Virginia line. . .
6. Rt. 608 from Rt. 522 to Mountain Falls.
I have enclosed a map of Frederick County and have high-
lighted the roads in green.
May I suggest you contact two of our members to help you
follow the history of the Valley Fike and Braddock's Road (Sir
John's Road) through Frederick County: Linden (Butch)`Fravel,
?03-869-4494; and Sen Ritter at the Handley Library, 703-662-
9041.
We are ,anxious to have Frederick County's rural. resources
recognized and feel this will be a step in that direction. Thank
you for your considerations.
BST/enclosure
Sincerely,
Martha A. Wolfe 0,q4'
Chair, Land Use Committee
LEGISLATION
ARTICLE 5
SCENIC HIGHWAYS AND VIRGINIA BYWAYS
§.33.1-62. Designation - The Commonwealth Transportation Board is hereby authorized to designate
any highway as a scenic highway or as a Virginia byway. This designation shall be made in
cooperation with the Director of Conservation and Recreation Resources (DCR). Prior to
designation, the local governing body and local planning commission, if any, in each county or city
wherein the proposed scenic highway or Virginia byway is located shall be given notice and, upon
request by any of the local governing bodies, the Commonwealth Transportation Board shall hold a
hearing in one of the counties or cities wherein the proposed scenic highway or Virginia byway is
located. (Code 1950, §.33-43; 1966, c1l; 1970. c.322; 1974. c.319; 1984, c.739. )
§.33.1-63. "Virginia Byway" defined; for the purposes of this article, a Virginia byway is defined as
an existing road, designated as such by the Commonwealth Transportation Board having relatively
high aesthetic or cultural value, leading to or within areas of historical, natural or recreational
significance. In selecting a Virginia Byway, the Commonwealth Transportation Board and the
Director of Conservation and Recreation Resources shall give preference to corridors controlled by
zoning or otherwise so as to reasonably protect the aesthetic or cultural value of the highway.
(Code 1950, §.33-43.2; 1966, c.11; 1970, c.322; 1984,. c.739.)
§.33.1-64. "Scenic Highway" defined - For the purpose of this article, a Scenic Highway is defined
as a road designated as such by the Commonwealth Transportation Board, within a protected scenic
corridor located, designed and constructed so as to preserve and enhance the natural beauty and
cultural value of the countryside. (Code 1950, §.33-43.3; 1966, c.11; 1970, c.322.)
§.33.1-6— Signs - When the Commonwealth Transportation Board designates a highway as a Scenic
Highway or as a Virginia Byway, it shall be appropriately signed as such. (Code 1950, §.33-43.3;
1966, c.11; 1970, c.322.)
§.33.1-66 Acquisition of adjacent land. - When the Commonwealth Transportation Board has
designated a highway as a Virginia Byway or as a Scenic Highway, the Department of
Transportation Commissioner may acquire by gift or purchase such land, or interests therein, of
primary importance for the preservation of natural beauty adjacent to scenic highways. (Code 1950,
§.22-43.5; 1966, c.11; 1970, c.322.)
VIRGINIA BYWAYS
Virginia Byways are existing roads through areas that have been
generally recognized as having some characteristic that sets them
apart from other roads in the same general area. The uniqueness
of the corridor has been considered important enough to be of
statewide significance. That special something which sets a
byway apart usually is the accumulation of features that brings
pleasure to people who drive the road. The quality of the
corridor is heightened by the presence of notable historic sites
or structures with unusual or different architectural styles
viewed in the roadside landscapes. The presence of adjacent or
nearby important natural areas or recreational sites usually adds
to the traveler's interest.
A Virginia Byway is many things to many people, but most of all,
it offers a pleasant experience to those who choose to drive its
length. It often affords an alternative which permits motorists
to leave major thoroughfares and travel from one point to another
at a more leisurely pace. In doing so, they may experience views
of Virginia they have not seen before.
There is a demonstrated need all over the country to recognize
the most outstanding natural, scenic and historic resources of a
given region and assemble them together into compatible grouping
or a system. The purpose is to promote what is felt to be the
best that the area or state has to offer. This is exactly what
the Department of Conservation and Recreation and the Department
of Transportation are striving to do with the Virginia Byways
program.
At the State level, interest is centered around reco4nizing the
road segments that have, over the years, been identified as the
most scenic roads in the Commonwealth. Since the first segment
was designated in the mid-1970s, over 800 miles of the State's
highway system have received official recognition as Virginia
Byways. The ultimate goal is to unify the Virginia Byways into
one comprehensive network, so that they can be used as an
effective tool to promote tourism and encourage motorists to
select alternate routes which provide them a refreshing change
from the more heavily -traveled highways.
Several years ago, at the request of the General Assembly, a
committee of State and local officials reviewed all the roads in
the Commonwealth with the purpose of identifying those corridors
having scenic, cultural, natural, historic or recreational values
worthy of statewide recognition. Initially, some 1,600 miles of
the more than 52,000 in the State's road network were considered
to have potential as State scenic roads.
1/17/92 1 B32180/MER
VIRGINIA BYWAYS
The General Assembly passed the Virginia Byways Act in 1966
empowering the Department of Conservation and Recreation and the
Commonwealth Transportation Board with joint responsibility for
designation of roads that they felt to be worthy of incorporation
into the Virginia Byways System. Virginia Byways are defined as
existing roads with relatively high aesthetic and cultural
values, leading to or within an area of historical, natural or
recreational significance.
The Department of Conservation and Recreation and the Virginia
Department of Transportation staffs feel that local support for
the program is an essential early step in the designation
procedure. A Virginia Byway designation process never has been
initiated without first receiving a request from an interested
local citizen or local unit of government. As a matter of fact,
interest in byway designation frequently originates with local
citizens who love and admire a particular road and have a desire
to conserve its existing beauty. Their interest may be in
promoting tourism in the region or simply securing the
recognition they feel the road should have.
It is felt that the primary benefit from this program is for
those who live near the byways because of the "pride of
ownership" for the people along the route, as well as the entire
community through which a Virginia Byway passes. A road's
designation may result in some increase in sales for local
businesses as travelers stop for roadside services. However, it
is unlikely that any byway in and of itself will generate enough
additional traffic to create a demand for new businesses and
services or severely crowd the road with new traffic.,
Both the Department of Conservation and Recreation and the
Department of Transportation are interested in ensuring that
local land use control is maintained over the road corridor. The
Code of Virginia indicates that the Department of Transportation
and the Department of Conservation and Recreation " . . . shall
give preference to corridors controlled by zoning or otherwise,
so as to reasonably protect the aesthetic or cultural value of
the highway." Existing and future local land use controls are
considered by the evaluation team during the initial phases of.
the designation process. Those corridors found to have
significant existing or future land use conflicts are dropped
from future consideration.
Once the Commonwealth Transportation Board has taken final action
to add a road segment to the official Virginia Byway network,
three things happen. First, the road receives official statewide
recognition as an element of the Byway system; second, the
Department of Transportation places appropriate signs along the
designated roadway; third, the official state highway map is
modified to delineate the new Virginia Byway.
1/17/92 2 B32180/MER
VIRGINIA BYWAYS
The Department of Transportation insists, and rightfully so, that
all existing departmental policies and procedures with respect to
future road improvements, safety and maintenance be left
unchanged as a result of a road being designated as a Virginia
Byway. It is recognized that developments must occur and that
planners at the local level are more in tune with the goals and
objectives of the locality. Local government is relied upon for
the establishment of appropriate land use controls for the
corridor to ensure protection of its scenic and/or historic
values.
Although there are no funds set aside for special maintenance
programs or construction projects, it is anticipated that the
local resident engineer will do whatever he can, within his bud-
get, to ensure that a designated Virginia Byway is maintained in
a manner that will complement the integrity of the special
features.
The purpose of the Virginia Byway program is to ,coordinate
recognition of a representative cross section of the State's most
scenic and historic road corridors and place them together in a
network iu order to show visitors a cross section of the Virginia
landscape. Scenic roads are an integral part of the heritage of
this State and its people. It is up to the Commonwealth's
citizens, working together with State and local agencies, to
establish and refine the scenic road system and encourage those
practices which will help conserve some of the Commonwealth's
most valuable resources.
1/17/92 1 3 B32180/MER
P/C Review Date: 08/05/92
CONDITIONAL USE PERMIT #009-92
Charles & Faye Grady
Dog Kennel
LOCATION: Route 11 south of Stephens City off of Route 735 on
Route 709
MAGISTERIAL DISTRICT: Opequon
PROPERTY ID NUMBER 85000OA0000130
PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas), land use -
residentiad and dog kennel
ADJOINING PROPERTY ZONING & PRESENT USE:
land use - residential and agricultural
PROPOSED USE: Dog Kennel
REVIEW EVALUATIONS:
Zoned RA (Rural Areas),
Virginia Department of Transportation: No objection to
conditional use permit for this property. Existing entrance
is adequate for proposed use. However, should use ever expand
in the future, the entrance may have to be upgraded to VDOT
minimum commercial standards.
Fire Marshal: Any space open to public must satisfy building
code for Use Group B. Approval of this CUP will not have a
significant impact on Fire -Rescue resources.
Inspections Department: Building shall comply with the
Virginia Uniform Statewide Building Code and Section 303, USE
Group B, (Business) of the BOCA National Building Code/1990.
Other codes that apply are title 28, Code of Federal
Regulations, Part 36 Nondiscrimination on the basis of
Disability by Public Accommodation and in Commercial
Page 2
Grady CUP
Facilities. Permit required would be a change of use on
existing building.
Health Department: Sanitary facilities adequate for operators
of kennel. Kennel operation approximately 60 - 70 dogs.
State Waster Control Board has ultimate authority over dog
waste disposal. No objection at this point.
Planning Department: Application is for an existing,
illegally operating, kennel. Mr. and Mrs. Grady previously
had a conditional use permit for a kennel and were unaware
that the County required a new conditional use permit when
they moved. The kennel is approximately 1500 feet from the
rear and side property lines and is screened from the front by
a natural berm.
Since the kennel operation is for the breeding and sale of
dogs, there will not be overnight boarding of dogs, other than
their own, to cause noise. And because of the substantial
distance from other properties, noise nor odor should be a
problem. Staff believes approval of. the conditional use
permit would not change the character of the neighborhood.
i STAFF RECOMMENDATIONS FOR AUGUST 5, 1992: Approval, with the
following conditions:
1. All review agencies comments must be complied with.
2. Change in use or expansion of facilities to accomodate
this use will require a new Conditional Use Permit.
3. All associated materials shall be stored indoors.
4. If a sign is displayed, a sign permit will be required.
Submittal Deadline
P/C Meeting 5- -9'a
BOS Meeting
APPLICATION FOR CONDITIONAL USE PERMIT
FREDERICK COUNTY, VIRGINIA
1. Applicant (The applicant if the owner other)
NAME:
ADDRESS: i
C
T
TELEPHONE7L� (0
•-
V 2 2. G, a•
2. Please list all owners, occupants, or parties in interest of
the property:
3. The property is located at: (please give exact directions)
-f-
4. The property has a road frontage of rv�( Ie feat and a
depth of feet and consists of ;;?0, /(Q acres.
(Please be exact)
5. The property is owned by ,{u 4 h�as
evidenced by deed from 'f-)rjC, C-) L) recorded
(previous owner)
in deed book no. on paged registry of the
County of Frederick.
6. 14 -Digit Property Identification No. — :3 — /3
Magisterial District rJ
Current Zoning �Q ^
7. Adjoining
North
East
South
West
Property:
USE { 1
12��, I� C tn•Tr,, �
ZONING
page -2-
CUP Application
August, 1990
8. The type of use proposed is (consult with the Planning Dept.
before completing)
-pf�
9. It is -proposed that the following buildings will be
constructed: (�C?fi"f-- .
10. The following are all of the individuals, firms, or
corporations owning property adjacent to both sides and rear
and in. front of ( across street from) the property sought to be
permitted. (Continue on back if necessary.) These people
will be notified by mail of this application: (PLEASE LIST
COMPLETE 14 -DIGIT NUMBER.
NAME
Address�t �
G� - � �e�JS 0—i
Property ID# ; L3 /2
Ginon�Y �� (? : rr�
Address—1
'
6ux
Property Il D# - - _�_ p ._ 3
Address
Property ID# '3' _
9 (�
We-•O-D'i I)OOC
Address
iL�
x-12 `'lplu
Property ID#
Address
Property ID#
Address
Property ID#
page -3-
CUP Application
August, 1990
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.
Q// OvEA
r
page -4-
CUP Application
August, 1990
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.
Signature of Applicant
Signature of Owner
Owners' Mailing Address
Owners' Telephone No.
1
` a 00-
25.
P/C Review Date: 08/05/92
CONDITIONAL USE PERMIT 010-92
Lewis A. Hoyer, II
Landscaping Business
LOCATION: Route 277 east, fourth house on the left after the
intersection of 277 and 636
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBER 86000OA0001590
PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas), land use -
residential
ADJOINING PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas),
land use - vacant
PROPOSED USE: Relocation of an existing landscape contracting
business
REVIEW EVALUATIONS:
Virginia Department of Transportation• No objection to
conditional use permit for this property. However, existing
private entrance is inadequate for. proposed use. Prior to
operation of the business, a commercial entrance must be
constructed to our minimum standards to allow for safe
egress/ingress on the property. 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.
Fire Marshal: Access to all buildings shall comply with BOCA
Building Code and Frederick County Fire Protection Ordinance.
Applicant must comply with Sara Title III requirements for
storage of pesticides. Any areas open to the public shall be
maintained in compliance with the VA State Fire Prevention
Code at all times. Burning of debris on-site without proper
permits is prohibited.
Inspections Department• Building shall comply with the
Page 2
Boyer CUP
Virginia Uniform Statewide Building Code and Section 303, USE
Group B, (Business) of the BOCA National Building Code/1990.
Other codes that apply are title 28 Code of Federal
Regulations, Part 36 Nondiscrimination of the basis of
Disability by Public Accommodation and in-- Commercial
Facilities. Permit required shall be a change of use on
existing building.
Health Dept.: Health Dept. has no objection to landscape
business provided no more that two employees on-site during
working hours and no more that three other employees working
mostly off-site. No approval of house for full-time residents
is indicated here.
Sanitation Authority: No comments.
Planning Department: This Conditional Use Permit application
is for an existing landscape business that was unknowingly
operating illegally in the Residential Performance district.
The piece of Rural Area ground that the applicant is proposing
to move to is suitable for a landscaping business. An
existing house will serve as the office. Equipment and
nursery items will be kept at the rear of the property which
is buffered somewhat by distance and existing vegetation.
Approval of this permit will not significantly alter the
established pattern of land use in this area, since Swift
Transportation is nearby, as well as a lawn mower sales and
repair business. However, the staff is uncomfortable with the
prospect of having this Conditional Use Permit approved
without a site plan on file to mirror what is actually being
developed on site.
STAFF RECOMMENDATIONS FOR AUGUST 5, 1992: Approval with the
following conditions:
1) Any change in use will require a new Conditional Use
Permit.
2) No more than one sign will be allowed and it shall be
limited to eight square feet.
3) No structures shall be expanded to contain the uSP_ unless
a revised Conditional Use Permit is obtained.
4) All review agency comments must be addressed, including
the submittal of an engineered site plan.
5) Adequate parking shall be provided for employees,
customers and delivery vehicles (per Article III, section
3-3 of the Zoning Ordinance).
fd
Submittal Deadline
P/C Meeting
BOS Meeting
7- /G S
-5-9
l—_ I APPLICATION FOR CONDITIONAL USE PERMIT
FREDERICK COUNTY, VIRGINIA
1. Applicant (The applicant if the owner xx other)
NAME: Lewis A. Boyer II
ADDRESS: POB 787 Stephens City, VA 22655
TELEPHONE 703-869-7424
2. Please list all owners, occupants, or parties in interest of
the property:
Lewis A. Boyer II
Art Fulton
3. The property is located at: (please give exact directions)
Route 277 East; Fourth house on left after intersection of 277 & 636
4. The property has a road frontage of 106 feet and a
depth of 741 feet and consists of 3.2. acres.
(Please be exact)
5. The property is owned by t Fulton as
evidenced by deed from recorded
(previous owner)
in deed book no. 396 on page 535 registry of the
County of Frederick.
6. 14 -Digit Property Identification No. 86AI59
Magisterial District Shawnee
Current Zoning RA
7. Adjoining Property:
USE ZONING
North private RA
East private RA
South private RA
West private RA
page -2-
CUP Application
August, 1990
8. The type of use proposed is (consult with the Planning Dept.
before completing) Relocation of existing landscaping contracting
business.
9. It is -proposed that the following buildings will be
constructed: NONE
10. The following are all of the individuals, firms, or
corporations owning property adjacent to both sides and rear
and in front of (across street from) the property sought to be
permitted. (Continue on back if necessary.) These people
will be notified by mail of this application: (PLEASE LIST
COMPLETE 14 -DIGIT NUMBER.
0`M
Arthur H. Fulton
Address POB 99 Stephens City, VA 22655
Property ID# 861156
Richard P. Glynn
Address POB 301 Stephens
City, VA 22655
Property ID#
86A158 a
Betty G. Smoot
Address Route 12 Box 332
Stephens City, VA 22655
Property ID#
86A159B
Paul G. Strosnider
Address route 1 Box L-65
Stephens City, VA 22655
Property ID#
86A159D
Paul G. Strosnider
Address 6053 West Street
Stephens City, VA 22655.
Property ID#
86A159C
Bradford & Rhonda
Cornwell
Address POB 171 Toms Brook VA 22660
Property ID# 86A160
NAME
Robert R. Carlson Address Route 1 Box 112 White Post VA 22663
Property ID# 86A187
Address
Property ID#
Address
Property ID#
Address
Property ID#
Address
Property ID#
Address
Property ID#
Address
Property ID#
Address
Property ID#
Address
Property ID#
Address
Property ID#
Address
Property ID#
Address
[Property ID#
page -3-
CUP Application
August, 1990
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.
acrx 393 nr•L 535 ,
' Aclaev a. N1cr+oLooN >_ANp '
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QGVTa Z77 d0• •VW -
RAT OF A QESVBDIV IStON OF LAND CONV6KE0
•�w41LrN U�
I vL c,-.rr, :5=TP4'Ca couxr:, Scr.
was prcdncol :o = on tho
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TO G -W - VINCENT ET•VX. 9v DEED C',TED
DECMM6E2 14 1957- ANO 2F -CORDED AMONG
a• /1-�S•f/- THE
LANA. ¢ECORDS OF F,2G.pER1CK CAV NTY�
yh•.^.. :.'l'i�Kal s Vtf7-0'lN{AIN DEED BOOK 250 PAGe 245. -
_':1 r;V. - pAID LANA DIVIDED INTl7 PARCEL"A^
�f138+fi 711 - CONTAINING r --r-941-741 SQUARE FEl'.Tr PA2CL-L
tt�ti� "$" CONTAINING 10,151.69 SQUARE FEET ..ID
-1•,.:
2EMAliV111G 'T'2ACT CONT^INrNG 3.Z947 K.2E8
TRICO ASSOCIATE$. INC.
ENGINEERS. PLANNERS. SURVEYORS
417W..1 •,•.r 51-1
Iltp Drsa--K Ava.
n
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w1...•.,.., vIr•I.r.
CERTITIEO CORRECT
s•i1• Lfl� 0.1.: e_s_zz.
o.•... sr: Ste' C►i fir:
C•. N.. 1. �._/.�
I vL c,-.rr, :5=TP4'Ca couxr:, Scr.
was prcdncol :o = on tho
,,y cl 19 �_�, of/'tD
r.•I•.uj(Rl.::l• dic'0•0 an OO wj will
a'rr`i::�1 to racord. Tu unp;':a J u" 340. aJvi.l ul
•- � .• • . ^ J�J I � .%•�•'Vr4 Ik'l�'Jvu1 pa13, u 1 :••i i:,b.Y.
page -4-
CUP Appl:ic-ation
August, 7.990
a ny
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l.:aS l.. c1,t to R'ia :.j:.7 :'T .-:moi 1.4 Lu�'i+.i t. _..�f_r..t must -
'a.
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T rc•' `' J - :�� ; i I t� jJ;3 '�%i. iG•1'• to the.
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7lgn�l't:ure of Ar7plica
SiC1ila.tU'Ce Of Owner
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Owner., -:-I T/-!lerlhan(--r Iva
2E
i COUNTY of FREDERICK
Department of Planning and Development
703/665-5651
FAX 703/678-0682
MEMORANDUM
TO: Frederick County Planning Commission
FROM: Wayne Miller, Zoning Administrator �m
RE: Cancellation of Conditional Use Permit #016-90
DATE: July 23, 1992
Conditional Use Permit (CUP) #016-90 was a request by Mr.
Christopher Chisholm and Ms. Stephanie Slonaker to operate a dog
grooming facility 3 1/2 miles north of Winchester on property
identified with PIN of 41-A-99. This application was approved on
December 12, 1990.
The applicants have moved to another state and the permit is no
longer required. Another permit has been recommended for approval
at this location for the Rigglemans to operate a bridal consulting
service.
Staff recommends cancellation of this permit.
THE COURTHOUSE COMMONS
9 N. Loudoun Street - P.O. Box 601 - Winchester, Virginia - 22601
P/C review date: 8/05/92
REZONING APPLICATION #001-92
JOHN & JANE MCALLISTER
To Rezone 2.0 Acres
From RP (Residential Performance)
To B-2 (Business General)
LOCATION: North and adjacent to State Route 277, east of Stephens
City and 17501x- east of State Route 641, approximately 1.75 miles
east of 1-81
MAGISTERIAL DISTRICT: Opequon
PROPERTY ID NUMBER: 86000OA0001020
PROPERTY ZONING & PRESENT USE: Zoned RP (Residential Performance)
present use - vacant
4
ADJOINING PROPERTY ZONING & PRESENT USE: Zoned RP (Residential
Performance) and B-2 (Business General) present use - residential
and vacant
PROPOSED USE: Retail Business
a
w
REVIEW EVALUATIONS:
Virginia Dept. of Trans ortation: See attachment dated June
3, 1992.
Fire Marshal: There is an impact to be addressed regarding
fire and rescue which has been commented on by Stephens City
Vol. Fire Co. Their comments are included and are a part of
this review. See attached letter from Frank Weller dated
June 1, 1992.
Sanitation Authority'• No comment on rezoning request.
County Eng ineer: I have no comments at this time. Storms:ater
management will be required at the design phase of
development.
Ins ections Dept.: Shall comment on commercial site at the
time of structural plans review.
Page 2
McAllister Rezoning
Plannin
Location - The property is located within the Village at
Sherando, on the west side of Warrior Road approximately 600
feet north of Route 277. The parcel is currently zoned RP.
Site Suitability - The site is generally level and open with
frontage on both Warrior Road and the planned extension of
Jefferson Court. Water and sewer is available on the site.
Potential Impacts - The proposed B-2 zoning will generate
significantly more traffic than the RP zoning present on the
site. VDOT notes the possible need for signalization of the
Jefferson\Warrior Road intersection. The Stephens City Fire
Dept. points out their lack of specialized fire equipment for
this type of development. They do not specify the equipment.
In terms of overall costs to the county, the zoning requested
will likely result in a net gain to the county in terms of
revenue generated versus cost of services provided, when
compared to the current residential zoning on the site.
Conclusions - The site is well suited for B-2 zoning. Site
features including access, topography and infrastructure
present are all conducive to business zoning. Traffic
generated appears to be the one negative impact to be
anticipated.
STAFF RECOMMENDATIONS FOR 8/5/92 PC MEETING• ApprovAl, with the
acceptance of proffers.
RAY D. PETHTEL
COMMISSIONER
06/03/92
COMMONWEALTH of VIRGINIA
DEPARTMENT OF TRANSPORTATION
P. O. BOX 278
EDINBURG, 22824
WILLIAM H. BUSHMAN
RESIDENT ENGINEER
TELEI703)984-4133
FAX (703) 984-9761
Comments for Comment Sheet from Dr. John E. McAllister concerning The Village at
Sherando:
No overall objection to the rezoning of this property. However, with the vehicle trips which
could be generated from commercial development coupled with the current zoning of the
remaining McAllister property, a significant traffic impact on the Warrior Road/Jefferson Court
Extended intersection could result. Furthermore, additional impacts from the developing
Jefferson Village/Fredericktowne areas could also be realized. Some type of traffic control
(i.e. signalization) at this intersection may be warranted at or.prior to build out of the project.
Before commenting further this office will require site plans which detail entrance designs,
drainage features and traffic flow data from the I.T.E. Trip Generation Manual 4th Edition for
review. To determine what if any traffic control measures are needed offsite trip information
and splits should be included.
STEPHENS CITY FIRE CO., INC.
P. O. BOX 253
STEPHENS CITY, VIRGINIA 22655
ju ne 1, 1792
S. W. Clifford & Assoc.
00 N. Camerson St.
Winchester, Va. 22601
ATTN: Mr. Ran Mislowsk:y
Dear lir. Mislowsk'y:
This is in reply to the rezoning request of Dr. John E. & eine
McAllister located north & adjacent to State Rt. 277 east of
Stephens City and approximately 1750 feet east of State Rt. 641
and approximately 1.75 miles east of 1-81.
Rezoning this land to Commercial Development will have a definite
impact on the fire/emergency medical services. The Stephens City
Fire Co., Inc. respectfully request the fallowing proffers to
help offset the additional casts the company will have to bear:
- A One-time contribution of $.05 per gross square foot Of
facility floor space to support -the capital improvement
needs of the volunteers. This one-time contribution shall
be -conveyed to the Town at the time building permits are
i ssL+ed .
- An annual contribution of $.I_5 per gross square foot.
Contributions shay+ld be collected and distributed -L-i-?,"augh
the commercial Owners association where such an
association or management group exists. For facilities
not governed by a commercial owners associatiin Or man-
agement group, each individual owner shall be. responsible
to collect and distribute the applicable level c=f con-
tribution to the Treasurer of the Stephens City Fire Co.:-
Inc.,
o.,I:nc., P r Dox 253 Stephens City,_ V , 55 on o o
City,-Va. ccb.�.� �.n 1' about
?! p l y 1 of each year.
A development Of this nature will require speci.alized
aw ratus that the Stephens Citi; Fire Co., Inc. doesn't
have. We would like to hold discussions with you
regarding this need.
The above requests are
being used lin other jurisdictions and is
presently being developed by the Department of Fire and Fescue
Services in conjunction with the Volunteer Fire and Rescue
Association of Frederick County.
Sincerely,
Fran:: nto rile Che
File
Tom Owens, Dir. Fire and1=t:-�-U_ ec e Services
1Ce5
i@[ (�
JUL `9av
REZONING APPLICATION FORM
FREDERICK COUNTY, VIRGINIA
To be completed by Planning Staff:
Zoning Amendment Number Date Received
Submittal Deadline Application Date: 7 July 92
PC Hearing Date BOS Hearing Date
------------------------------------------------------------------
The following information shall be provided by the applicant:
All parcel numbers, tax map numbers, deed book pages and numbers
may be obtained from the Office of the Commissioner of Revenue, 9
Court Square, Winchester.
1. Applicant:
Name: Dr. John E. & Jane McAllister
Address: 322 Burnt Factory Road
Stephenson. Va 22656
Telephone: 703 662-4121
2. Owner:
Name: Dr. John E. & Jane McAllister
Address: __322 Burnt Factory_ Road
Stephenson, Va 22656
Telephone: (703) 662-4121
In addition, the Code of Vir inia allows us to request full dis-
closure of ownership in relation to rezoning applications. Please
list below all owners or parties in interest of the land to be re-
zoned:
Dr. John E. McAllister
Jane McAllister
D[E a W [E
F9iLL
�ZNome ID
V
3. Zoning change: It is requested that the zoning of the property
be changed from RP to B-2.
4. Location: The property is located at (give exact directions):
North & Adjacent to St. Rte. 277 east of Stephens City and
1.7501± east of St. Rte. 641;_ Annrox. 1.75 miles east of I-81
5. Parcel Identification:
21 Digit Tax Parcel. Number: 86-A-102
6. Magisterial District: Oyeauon
7. Property Dimensions: The dimensions of the property to be
rezoned. -
Total Area: 2 Acres
The area of each portion to be rezoned to a different zoning
district category should be noted:
2 Acres Rezoned to B--2
Frontage: 250 Feet
Dept: 300 Feet
S. Deed Reference: The ownership of the property is referenced by
the following deed:
Conveyed from: Robert J. Snyder
Deed Page: 515
Deed Book Number: 740
9. Proposed Use: It is proposed that the property will be put to
the following uses. RETAIL, TYPE BUSINESS 22
�� JUL - 9 in
10. Checklist: Check the following items that have been included
with this application.
Location map
Survey or plat
Deed to property
Statement verifying taxes
Sign receipt
Agency Comments
Fees
Impact Analysis Statement
Proffer Statement
11 -Signature:
I (we), the undersigned, do hereby malg,application and
petition the governing body to amend the zoning ordinance and
to change the zoning map of Frederick County, Virginia and do
hereby certify that the application and accompanying materi
als are true and accurate to the best of my (our) knowledge.
Applicant: L,u,_ I•
Owner:, .
12.Representation:
uw- Gu.,..7c �_
If the application is being represented by someone other than
the owner or application and if questions about the application
and if questions about the application should be directed to
that .representative, please list the following.
Representative's
Name:
Ron
Mislowskv
Representative's
Phone
Number:
(7 03) 667-2139
13.The following are all of the individuals, firms, or corpora-
tions owning property adjacent to both sides and rear and in front
of (across street from) the property sought to be rezoned. (Use
additional pages if necessary). These people will be notified by
mail of this application. {PLEASE LIST COMPLETE 21 -DIGIT NUMBER)
Name: John B. & Clara E. Shiflett
Address: Rt.l, Box 353 Stephens City, Va 22655
Property I.D.#: 86000-005-0000-0000-000GO
Additional comments, if any
I (we), the undersigned, do hereby respectfully make application and
petition the governing body to amend the zoning ordinance and to change
the zoning map of the Frederick County, Virginia, with the above facts as
support of this appllication.
Signature of Applicant: � O. -IL 5— ,
Signature of Owner:
Owners' Mailing Adress: •
Owners' Telephone No:
For Office Use Only
PLANNING COMMISSION PUBLIC HEARING RECOMMENDATION OF (date)
Approval Denial SECRETARY (signed)
BOARD OF SUPERVISORS PUBLIC HEARING ACTION OF (date)
Approval Denial
COUNTY ADMIN.(signed)
y
C��U I�
D -
.ftA_. - 9
Environmental & Planning Impacts
for
Village at Sherando
April 92
Introduction
The firm of Gilbert W. Clifford & Associates, Inc. has been commissioned
to evaluate the above referenced project in light of several major planning
issues, as outlined and required by the Frederick County Planning Staff. This
document is prepared in support of and in preparation to rezone 2 acres from
present Residential Performance (RP) to Business General District (B-2), as
described on the Village at Sherando Master Development Plan. In summary
the land is affected as follows:
1) Traffic Impacts
The increase in traffic volume as a result of the proposed rezoning is
determined relating the estimated trips per day generated by development under
the existing conditions to the predicted traffic volumes caused by the proposed
use.
Existing Trip Generation
Avg Weekday ,
Vehicle Trips tI'E Land
Z°nm� Ac.Tit-- Generated Use Code
RP 2 26.451 53 210 (single family detached)
Proposed Trip Generation
Gross Avg Weekday
Leasable Vehicle Trips ITE Land
Zonin Ac. 1000 ft Trios Generated Use Code
B-2 2 28 40.675 1139 814
(specialty retail center)
Increase volume due to this rezoning action is 1086 trip ends per day.
It is predicted that TV percent of the traffic generated by the entire site
would consist of trips internal to the Village at Sherando/Jefferson Village
Developments. The actual trips to be accommodated by the existing road
network outside of the immediate area is 651. Forty percent of this volume or 260
trips would exit the site on Warrior Road north to Fredericktowne Estates. The
remaining 391 trips would utilize Warrior Road, south to VA Route 27
7.JUL D-
��-9m
2. Sewage Convevance and Treatment Impacts:
Sewage service to this site is provided by the Frederick County Sanitation
Authority. Gravity service is available. Sewerage from the site would be treated
at the Parkins Mills Regional WWTP. Flows generated from the total
development are estimated by the State Health Department at 5,600 (200 gpd/1000
sq. ft. GLFA) gallons per day with an instantaneous peak flow of 10, gallons per
minute. The actual flows from writer's experience will be about one half or 2,500
GPD. These flows represent an increase of approximately two times over what
would have been expected under the current zoning.
All sewage conveyance systems involved have full capability of handling
this additional flow as does the plant have the capability of treating and
discharging this flow in satisfactory manor.
3. Water Supply Impacts:
This project would connect to existing water line at Warrior Road. - The
estimated water use is the same as sewage flow. (2500 gpd).
4. Education Cost:
This project will generate no school age children. An obvious ,decrease in
the facilities required to be provided by the County is realized. Net deduct per
the rezoning impact model is 3.35/unit X 25 units = 8.4 students.
5. Parks and Recreation Cost:
Park. This project will provide a portion of the walkway system to Sherando
6. Drainage Facilitv Impacts:
The development of business will increase run off over that which would
occur under existing zoning which allows for development of residential uses. It
is recommended that either suitable green space be provided to reduce and buffer
run-off. If the increased run off from the development cannot be handled by the
receiving stream, in accordance with state criteria, detention or other
improvements may be required. Additional storm water detention calculations
should be presented with final design which woul ff@pp� cts
created by the imposition of increase storm water ru L5
JAIL - 91992
7. Emergency Services Cost:
Sheriff protection will be required by this facility. Routine patrols of the
area should suffice for the majority of time . Special patrols and activities may
include a total of 2 hours per week. Special coverage at $50.00 per hour would
involve approximately $5200.00 per year. There should be no other impacts on
emergency services. This represents essentially no increase in service over what
would have been required if development occurred under the existing zoning.
8. Solid Waste Cost:
Costs to the County would be normal for this type of development. No
special waste removal needs are planned. Waste removal is available by private
contractor.
9. Environmental Impacts:
There will be certain minor negative impacts due to the construction
activity including run off, sediment, noise and traffic movements. These are to
be minimized by proper compliance with local and state laws for environmental
protection. A minor increase in run off quantity and a decrease in quality is
probable from this development. The effects on the downstream areas should be
minimal and in accordance with local and state regulations. There is no known
loss of irretrievable resources involved with this project. There are no known
endangered species of fauna, flora or wildlife which will be effected by this
project. Ground water and air quality should be unaffected. A minor impact of a
negative nature is associated with increased traffic, as mentioned.
10. Other Fiscal Impacts:
No other impacts were noted.
11. Historic Impacts:
No other impacts were noted.
RAM/kf
AMENDMENT
FREDERICK COUNTY ZONING ORDINANCE
Approvals:
Planning Commission August 5 1992
Board of Supervisors
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
#001-92 of JOHN & JANE MCALLISTER
WHEREAS, Rezoning application #001-92 of John and Jane McAllister to rezone 2.0 acres
from RP (Residential Performance) to B-2 (Business General) located north and adjacent
to State Route 277, east of Stephens City and 1750'+ east of State Route 641, in the
Opequon District, and identified as GPIN 860000A0001020.
WHEREAS, the Planning Commission held a public hearing on this application on August
5, 1992; and
WHEREAS, the Planning Commission received a draft statement of conditions proffered
prior to the public hearing; and
WHEREAS, the Board of Supervisors held a public hearing on this application on
199; and `
WHEREAS, the Board of Supervisors received a signed statement of conditions proffered
prior to the public hearing; and
WHEREAS, the Frederick County Board of Supervisors finds this rezoning to be in the best
interest of the public health, safety, welfare, convenience and good zoning practice;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as
follows:
That Chapter 21 of the Frederick County Code, Zoning Ordinance, is amended to revise the
Zoning District Map to change 2.0 acres from RP (Residential Performance) to B-2
(Business General) located north and adjacent to State Route 277, east of Stephens City and
1750'+ east of State Route 641, in the Opequon District, and identified as GPIN
86000OA0001020 as described by the application and plat submitted, subject to the following
conditions voluntarily proffered in writing by the applicant and property owner as follows:
G. W, CLIFFORD & ASSOCIATES, INC.
200 North Cameron Street
P.O. Box 2104
Winchester, Virginia 22601
703-667-2139
Fax: 703-665-0493
VILLAGE AT SHERANDO REZONING REQUEST
CASE NO.
We, the undersigned, Dr. John E. and June McAllister, sole owners of the
land to be rezoned under zoning request number , referred to as the
Village at Sherando rezoning, and the applicant for said rezoning, hereby
voluntarily proffer the following conditions. The conditions proffered shall be
binding upon the heirs, executors, administrators, assigns, and successors in
interest of the undersigned. In the event the Frederick County Board of
Supervisors grants said rezoning to B-2 and accepts these conditions, the
following proffered conditions shall apply to the land rezoned in addition to
other requirements set forth in the Frederick County Code:
1• The owners will bear the cost of engineering and design for the portion of
Warrior Road that must be relocated to enter the Frederick County Park and
Recreation Department Property. This will move Warrior Road to the east to
intersect with Westmoreland Road. The owner will not be responsible for the
extension of Westmoreland Road.
2• The owners will agree to construct Warrior Road in its new alignment to
the extent that it does not exceed the current contract prices that presently have
been obtained to build Warrior Road as originally designed and approved.
However, this new alignment of Warrior Road and the required right of way
must not adversely impact upon or result in the loss of any townhouse or single
family lots reflected on the approved plans.
3. In consideration of the above proffer, the two acre tract on the southwest
corner of Warrior Road and Jefferson Village Court will be rezoned to B-2.
4 E.
Dr. E. Mcallisstter
--�Fe&1- lliste �� n
�M J 1
This ordinance shall be in effect upon its passage.
Passed this day of , 199.
A Copy Teste
John R. Riley, Jr.
Frederick County Administrator
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COUNTY of FREDERICK
Department of Planning and Development
703/665-5651
FAX 703/678-0682
MEMORANDUM
TO: Frederick County Planning Commission
FROM: Wayne Miller, Zoning Administrator V
RE: Request of Mr. Fred Harner for Lake Isaac Estates
DATE: July 23, 1992
Mr. Fred Harner, the developer of Lake Isaac Estates, a Major Rural
Area Subdivision, is requesting that he be allowed to extend
Whitham Drive to Thomas Drive (see attached) and construct Thomas
Drive as access to lot 46. This action requires approval of the
Planning Comission in accordance with Section 4--16-2.1 of the
Subdivision Ordinance.
Basically; the Commission may permit the extension of private roads
within any Rural Area subdivision to be built to standards
consistent with existing roads within the subdivision. The hash
marked area on the attached map is the proposed extension that
would serve lots 55 and 46.
Lot 46 has an existing house on it and is currently served by a
narrow right of way from Route 610 that traverses lot 47. A
previous request for this property was to allow a 50`foot private
right of way from Route 610 to lot 46 along the boundary of lots 45
and 47. The Commission was not in favor of the previous request
since the Subdivision Ordinance now requires a state maintained
road to internal lots.
NOTE: This request will be reviewed by the Development Review and
Regulations Committee on July 28, 1992. The Commission will be
briefed on the recommendations of that committee at the August 5,
1992 meeting since that information is not available at this
writing.
THE COURTHOUSE COMMONS
9 N. Loudoun Street - P.O. Box 601 - Winchester, Virginia - 22601
Fred Earner
227 Lakeview Drive
Cross Junction, DA 22625
Wayne Miller
Zoning Administrator
Dept. of Planning & Zoning
Winchester, VA 22601
Dear Mr. Miller,
July 1, 1992
Please find enclosed preliminary plats for Section 5A of Lake Isaac Estates.
I am requesting that Whitham Drive be extended to Thomas Drive, which will serve
Lots 55 and 46.
The Whitham Drive extension and Thomas Drive will be constructed to the same
standards as -existing subdivision raods.
For the deliniation of Earner's Court and Teets Court, see Plat of Section
Three of Lake Isaac Estates.
Best regards,
Fred Earner
„(RESERVED)
29
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COUNTY of FREDERICK
Department of Planning and Development
703/665-5651
FAX 703/678-0682
MEMORANDUM
TO: Frederick County Planning Commission
FROM: Frances D. Stanley, Planner I (--5
RE: Proposed Shenandoah Valley National Battlefields Bill
DATE: July 27, 1992
Enclosed please find a copy of the Draft Bill to establish the Shenandoah Valley National
Battlefields and Commission, a discussion of the proposal, and a section by section analysis
of the proposed bill.
If you would like to summit any comments about the Draft Bill, submit them to Kris
Tierney, Deputy Director of Planning, by August 14, 1992.
FS/sk
THE COURTHOUSE COMMONS
9 N. Loudoun Street - P.O. Box 601 - Winchester, Virginia - 22601
Enclosed is a copy of the "Discussion Draft" of the proposed bill
to establish the Shenandoah Valley National Battlefields and
Commission in the Commonwealth of Virginia. The proposal was -
released to the public on May 7, 1992. A good many of you were -
able to be present during the press conference, but owing to other
pressing commitments, others were not able to attend. In any
event, here is a copy of the final discussion draft for you.
Please share this discussion draft with any and all of those:
individuals who you think should react to the document and could
make constructive criticisms. This proposal has been shared with
the entire Virginia delegation. ' Senator's Warner, Robb and'
appropriate members of the House of Representatives are all aware
that for the next two months or so the public has been invited to
express their views and ideas on the proposal. All comments on the
battlefield partnership initiative should be submitted to:
Mr. Ed Merrell
New Market Battlefield Historical Park
P.C. Box 1864
New Market, Virginia 22844
Arrangements have been made to make available to you as many copies
of the proposal and accompanying fact sheets as you need. Whether
you need just an additional dozen copies or fifty or more, do not
hesitate to get in touch. For additional copies contact A Wilson
Greene at the Association for the Preservation of Civ"il War Sites
at (703) 371-1860.
SHZ.NAZMOAH VALLEY NATIONAL BATTLEFIELDS
AND COMMISSION: A PROPOSAL
Introduction
In November 1991, the National Park t
studio. e Civil War Battlefields in— virffiria is
,va_�1ey. This draft stu co s1 ered several alternatives aimed
at preserving -the Valley's unsurpassed Civil War erita a as
represented by 15 individual - ba gilds and their related
stories. The National Park Service requested comments on its
study and invited the public to suggest additional ways to
preserve the Valley's battlefields and make their historical
significance understandable to the public.
A group of citizens from the. Shenandoah Valley including property
owners, elected officials, planning staffs, -the business and
tourism community, and representatives of preservation and
conservation organizations met several times to respond to the
National Park Service's draft study.. The result of those
meetings are summarized in this proposal for the creation of the -
Shenandoah Valley National Battlefields.
a
The ideas contained in the proposal are designed to accomplish
the following goals which a majority of those who participated in -
the drafting process agreed to:
(1) protection of individual property rights of landowners; -
(2) incentives for local governments and individuals to
preserve historic land voluntarily and include
battlefield protection in regional planning;.\
(3) the participation of the private sector, local and
state government, and the federal government in a
"partnership" approach to battlefield preservation;
(4) significant regional involvement in the planning
for the National Battlefields;
(5) preservaticn of the Battlefields in as expeditious,
cost effective, and efficient a way as possible;
(6) encouragement of heritage tourism for the economic
well-being of the Shenandoah Valley; and
(7) first rate interpretation of the Valley's Civil War
history on a par with the excellent facilities and
programs found in other National Battlefields in
Virginia and throughout the nation.
This proposal is not intended to be an inflexible document, but
rather serves as a point of discussion to refine, modify, and
improve. Those involved in the drafting process recognize that
although the Valley's Civil War battlefields are of national
significance, the wishes of Valley residents and property owners
are especially important in determining the future of these
historic sites. Legislation that may emerge from this proposal
must be firmly grounded in support from the citizens', property
owners, and elected officials in the Shenandoah Valley if they
are to succeed in Washington.
The Proposal
An opportunity exists to benefit the region economically while at
the same time fill the largest gap in the national park system's,
treatment of the American Civil War. Recent studies prepared by
the Virginia Polytechnic Institute and State University indicate
that the creation of Civil War National Battlefields in the
Shenandoah Valley and will generate annual sales of goods and
services valued at $50-$60 million, create up to 1,600 new jobs,
generate up to $22 million in new salaries and wages and enhance
the local tax base. -
This proposal establishes a Heritage Commission. composed of local
landowners, local governmental entities-, and historic
preservationists. The Commission, in partnership with the
Secretary of the Interior, shall create the framework for a
National Battlefield in the Valley.
The Commission would be charged to draft a "Heritage Plan." The
plan will promote heritage tourism and provide incentives to
local landowners and governments to preserve the battlefields.
hrough "cooperative agreements" between governments; landowners,
and the Secretary, these entities will work together to preserve
and restore historic lands. `
Regardless of land ownership, private property owners would be
entitled to receive direct cash payments from the federal
government if they agree to:
(1) continue to farm their land;
(2) assist in efforts to restore battlefield land to its
hist or iV appearance;
(3) at their option, sell to the government a "right of
first refusal" so that their lands may be acquired at
some future date;
(4) restore historic barns and other structures in order to
preserve the historic values of the battlefields;
(5) employ voluntary methods of land protection to ensure
battlefield preservation.
Local governments and their regional entities are entitled to
receive planning grants of up to 90$ of the cost to develop plans)
that conserve the historic character of the battlefields. Monies'—
are also authorized to assist governments and landowners in the
implementation of approved preservation plans.
No "boundary" for the National Battlefields is defined. only
after the Heritage Commission has conducted extensive public
hearings and has prepared their "Shenandoah Valley Civil War
Sites Heritage Plan" is a boundary established. But regardless,
NO LANDS WITHIN THE BATTLEFIELD MAY BE ACQUIRED THROUGH
CONDEMNATION --- LANDS CAN BE ACQUIRED ONLY WITH THE EXPLICIT
CONSENT OF THE OWNER.
Federal acquisition of lands with appropriated funds is further
limited to those lands in the "historic core" identified in the
National Park Service study, "Civil War Sites in the Shenandoah
Valley of Virginia." Lands must be purchased at fair market
value as determined by one or more independent appraisers. Lands
within the boundary but outside the historic core may be acquired
only with donated funds.
The Heritage Plan serves as the focal point_ for management of the
area. It ss to be prepared with extensive local participation.
Within three years after the legislation becomes law, the
Commission is to complete the plan which shall. identify potential
partnerships with local governments, landowners, and businesses.
The plan also will identify the location of visitor centers,
suggest a means to implement a continuing program of
interpretation and visitor education, lay out a framework for a
Valley -wide historic marker and wayside exhibit program, and
assess the potential for the operation of battlefield
concessionaires by locally owned and operated businesses.
The creation of the Shenandoah Valley Battlefields Commission is
the heart of this proposal. The Commission will include two
members from each of the eight jurisdictions that possess a
nationally significant battlefield; one of the two members must
be a local property owner who owns land in the "historic core."
Also represented on the Commission are local preservationists,
regional planning officials, and experts in Civil War history.
Copies of the proposal written in legislative language are
available on request. Ideas and concepts described above may be
introduced in Congress at an appropriate time. However, it
should be reemphasized that this proposal is advanced for public
comment and reaction. No endorsement by any individual or group
is implied or requested at this time.
SHENA.NDOAH VALLEY NATIONAL BATTLEFI'LDS AND HERITAGE CON -MISSION
Section by Section Analysis
SECTION 1-4.
These sections describe the "findings" of Congress relating to
the national significance of the battlefields in the,Shenandoah
Valley and state the purposes of this Act -- to establish the
Shenandoah Valley National Battlefields and Heritage Commission.
Certain key terms found throughout the Act are also defined. The
terms "contributing battlefield" and "historic core" are of
particular note as they define the extent of this preservation
initiative. The definitions are drawn from the language found in
the National Park Service study entitled "Civil War Sites of the
Shenandoah Valley of Virginia." The "Heritage Commission" is
defined and composed of local property owners, representatives
local government, and historic preservationists.
TITLE I.
SECTION 101. Once the Heritage Commission submits to Congress
the "Shenandoah Valley Civil War Sites Heritage Plan" the
Shenandoah- Valley National Battlefields is established in eight
counties of Virginia.
SECTION 102. This Section sets the "parameters for partnerships"
including various protection and conservation strategies. The
Secretary is directed to enter into cooperative agreements with
landowners, local governmental entities, organizations and
businesses to promote economic development through heritage
tourism. The Commission may also assist in the preservation,
restoration and rehabilitation of land and historic praperties.
The Secretary is authorized to spend federal mcney'to provide
financial and technical preservation assistance to landowners
thus encouraging them to keep barns, homes and agricultural
fields in a condition compatible with the historic scene. The
Secretary can also give technical assistance grants to
governments and landowners to assist in the conservation and
maintenance of the area's historic character.
There is an important provision that enables local governments
and their regional entities to be reimbursed for 90% of planning
costs incurred for the development of comprehensive plans and
land use guidelines in the vicinity of the Battlefields.
Provisions also provide monies for "implementation grants" to
governmental entities.
SECTION 103. Limitations on federal acquisition authorities are
spelled out. Purchase of lands must be made at fair market value
and FEDERAL CONDEMNATION IS PROHIBITED. No lands may be acquired..;
"without the explicit consent of the owner."
In order to encourage long-term preservation of the Battlefields,
and in order to serve as an incentive to local property owners to
preserve their land by obtaining an immediate cash payment, the
Secretary may "purchase the right of first refusal" from
property owners who reside in the historic core and who express
an interest in selling lands at a future date.
This section also authorizes the Secretary to accept, donations
and coordinate educational or cultural programs with -counties and
cities "to encourage an appreciation and preservation'of the
Battlefield's resources. Should the Commission establish an
entrance fee, a portion of the revenue must be set aside for
acquisition of interests in land and another portion for direct
cash payments to local governments to supplement federal payments
in -lieu -of taxes, to local governments.
SECTION 104. This Section provides for the preparation of The
Shenandoah Valley Civil War Sites Heritage Plan. The Plan shall
be prepared by the Commission in partnership with the Secretary,
and will guide the development and management of the
Battlefields. The Commission is comprised of local property
owners, representatives of affected governmental_ entities, Civil
War preservationists and scholars who will:
(1) identify opportunities for partnerships to promote heritage
tourism;
(2) identify where to locate visitor centers;
(3) prepare a plan for interpretation and visitor education;.
(4) establish guidelines for a uniform Valley -wide 1�tistorical`
marker and wayside exhibit program;
(5) provide for a joint training program; and
(6) identify opportunities for locally owned business concession
operations.
TITLE II
This title establishes the Shenandoah Valley National
Battlefields Commission. The Commission is composed of two
members from each of the eight affected governmental
jurisdictions, of which one must be a local property owner.
Other landowners, preservationists, regional planners and
historians are also represented. The Commission is not merely
"advisory" to the Secretary but is charged with granted. specific
responsibilities throughout the Act. In particular, the
Commission has the obligation to develop with the Secretary the
"Shenandoah Valley Civil War Sites Heritage Plan."
AUTHORIZATION OF APPROPRIATION.
This Section authorizes federal monies as necessary to carry out
the purposes and provisions of this Act.
DISCUSSION DRAFT FOR PUBLIC COMMENT
A bill to establish
the Shenandoah Valley National Battlefields and Commission
in the Commonwealth 'of Virginia, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
Mr. introduced the following bill; which was
referred to the Committee on Interior and Insular Affairs
A BILL
To establish the Shenandoah Valley National Battlefields and
Commission in the Commonwealth of Virginia, and for other
purposes.
Be"it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the "Shenandoah Valley National
Battlefields Partnership Act of 1992."
SECTION 2 . FINDINGS.
The Congress finds that --
(1) there are situated in the Shenandoah Valley in the
Commonwealth of Virginia the sites of Civil War battles and
campaigns that deserve protection and preservation;
(2) certain sites, battlefields, structures and districts in the
Shenandoah Valley, collectively are of national significance
in the history of the American Civil War;
(3) the Department of the Interior has assessed the suitability
and feasibility of including Shenandoah Valley battlefield
sites in the national park system, or having these sites
affiliated with the national park system, and has found that
these sites both possess national significance and'a high
degree of historical integrity;
(4) the preservation and interpretation of these sites,
battlefields, structures, and districts can make a vital
contribution to the understanding of the heritage of the
United States;
(5) popular interest in the Civil War has reached a point not
seen since the veterans themselves sought to preserve
battlefields they hallowed;
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(6) the integrity of these battlefields is imperiled by an
accelerated pace of growth in the region;
(7) concerned individuals and nonprofit organizations have
expressed interest in donating land in the Shenandoah Valley
to the United States for the purpose of preserving sites of
the nation's vanishing Civil War legacy;
(8) as evidenced by studies by Virginia Polytechnic Institute
and State University, the preservation of highly significant
Civil War battlefield sites within the regional framework of
the Shenandoah Valley, together with site improvements,
including visitor centers and interpretive programs, would
have a positive impact on economic development and
employment in the Shenandoah Valley by generating new annual
sales of goods and. services valued at $50-65 million,
creating 1300-1600 new jobs, generating $18-22 million in
new salaries and wages and increasing the local tax base.
(9) the goal of preserving Civil War sites within a regional
framework is to promote cooperation among local property
owners, local, state, and federal government entities, and
business entities and civic groups that seek to promote
economic development through the preservation of sites and
places significant to the history of the nation; and
K
(10) partnerships among Federal, State and local governments and
their regional entities, and the private sector, offer the
most effective opportunities for the enhancement and
management of the Civil War battlefields and related sites
in the Shenandoah Valley; these partnerships are best
fostered through establishment of a region -wide Commission.
SECTION 3. PURPOSES.
The purpose of this Act is to --
(1) preserve, conserve, and interpret the legacy of the Civil
War in the Shenandoah Valley of Virginia;
(2) recognize and interpret important events in the conduct of
the War Between the States in the Shenandoah Valley of
Virginia,
including those battlefields associated with the Thomas J.
(Stonewall) Jackson Campaign of 1862 and the decisive
campaigns of 1864;
(3) recognize and interpret the effect of war on the Valley's
civilian population during the war and the post-war
Reconstruction period;
(4) create partnerships among Federal, State, and local
governments and their regional entities, and the private
sector to preserve, conserve, enhance, and interpret the
A
nationally significant battlefields and related sites
associated with the Civil War in the Shenandoah Valley; and
(5) promote economic development, employment and local tax
generating opportunities through the promotion of heritage
tourism in the Shenandoah Valley.
(6) establish and maintain a geographic database and information
system that locates, tracks and cross-references significant
historical and cultural properties, structures, and markers.
SECTION 4. DEFINITIONS.
For the purposes of this Act --
(1) the term "Commission" means the Shenandoah Valley National
Battlefields Commission established by Title II4`of this Act;
(2) the term "contributing battlefield" means those areas
identified in the National Park Service study "Civil War
Sites in the Shenandoah Valley of Virginia," that encompass
all important components of a conflict including approach
routes, areas of troop concentrations, reserve positions,
command headquarters, hospitals, signal stations or other
important observation points, picket lines, battle lines,
maneuver areas, assault areas, artillery positions, retreat
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routes, and places where the armies bivouacked before or
after the fighting; this area provides a strategic context
and geographic setting for understanding the conflict;
(3) the term "historic core" means those areas identified in the
above mentioned study that depict areas of confrontational
deployment, heaviest fighting and most severe casualties,
and those sites important in shaping the ebb and flow of
battle;
(4) the term "major interpretive facility" means a year-round
staffed visitor center which provides an orientation to the
entire park, and through interpretive exhibits and media,
communicates to the public the story of the Civil War in the
Shenandoah Valley of Virginia;
(5) the term"lands that have lost integrity" refers to those
battlefield areas identified on site maps in the National
Park Service study "Civil War Sites in the Shenandoah Valley
of Virginia" that are identified as having experienced a
"significant percentage of land use change" from its
historic appearance to the extent that it no longer retains
a unique cultural/historical identity; and
(6) the term "Secretary" means the Secretary of the Interior.
TITLE I
The Shenandoah Valley National Battlefields
SECTION 101. ESTABLISHMENT, ACQUISITION, AND ADMINISTRATION
(a) Establishment. -- Upon the approval by the Secretary
(pursuant to section 104 of this Act) of the "Shenandoah
Valley Civil War Sites Heritage Plan" (hereafter the
"Heritage Plan"), and upon notice published in the Federal
Register of that approval, there is hereby established the
She Valley National Battlefields (hereinafter
referl"ed to as the "Battlefields") as a unit of the National
Park System.
(1) Area Included. The Battlefields shall consist only of_'
those lands identified in the approved Heritage Plan in
the counties of Augusta, Clarke, Frederick, Highland,
v
Rockingham, Shenandoah, and Warren and in the City of
Winchester. The Commission shall identify those lands
in the "historic core" and a "contributing battlefield
area" immediately adjacent to or in the vicinity of the
historic core that shall comprise the Shenandoah Valley
National Battlefields. The battlefields included are:
Cedar Creek; Cool Spring; Cross Keys; Fisher's Hill;
First Kernstown; Second Kernstown; McDowell; New
Market; Piedmont; Port Republic; Tom's Brook; Opeguon
(Third Winchester); and Second Winchester.
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(b) Mao: Such lands are generally depicted on the map entitled
"Shenandoah Valley National Battlefields" and dated
Such map shall be on file and available for public
inspection in the Office of the Director of the_National
Park Service.
SECTION 102. PROTECTION AND CONSERVATION OF HISTORIC PROPERTIES
Upon the adoption of the Shenandoah Valley Civil War Sites
Heritage Plan which shall be prepared in accordance with section
104 of this Act, the Secretary and Commission may promote the:
(a) Encouragement of Heritage Preservation. The Secretary and
Commission shall take appropriate action to encourage
heritage preservation within the regional area of the
Battlefields by landowners, local governments,
a
organizations, and businesses. '
(b) Encouragement of Economic Development Through the Promotion
of Heritaae Tourism. The Secretary and Commission shall
work in partnership to promote appropriate levels of
heritage tourism in the Shenandoah Valley of Virginia that
are- compatible with resource protection.
(c) Partnerships and Cooperative Agreements. The Secretary,
with the consent of the Commission, is authorized to
establish partnerships and to enter into cooperative and
memorandums of agreement to advance the purposes of this Act
with other Federal agencies, State and local public bodies
or their political subdivisions, and private individuals and
interests relating to planning, development, use,
management, and interpretation of properties within the
Battlefields. Such agreements shall contribute to the use
and management of such properties in a manner compatible
with the purpose of this Act. In the interim period, when
the Shenandoah Valley Civil War Sites Heritage Plan is in
preparation, the Secretary, with the approval of the
Commission, may enter into such agreements to advance the
purposes of this Act.
The Secretary is authorized to enter into agreements with
the owners of property in the Battlefields on which historic
monuments and tablets commemorating the battles have been
erected on or before [insert date]. The Secretary may make
funds available, subject to appropriations, for the
maintenance, protection, and interpretation of such
monuments and tablets pursuant to such agreements. In
addition, within the area depicted as within the boundaries
of the Battlefields, as provided in the approved Heritage
Conservation Plan, the Secretary may, with the consent of
the owner, acquire by donation, purchase, or exchange, lands
and interests comprising such monuments and tablets together
with lands and interests in lands necessary to provide
adequate public access thereto.
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(d) Restoration of Properties. Notwithstanding any other
provision of law, the Secretary, with the advice and
approval of the Commission, may restore and rehabilitate
property within the Battlefields pursuant to partnerships
and cooperative agreements without regard as to whether
title to such property remains in the hands of private
property owners or vests with the United States.
(e) Technical Assistance. Within the Battlefields, the
Secretary may make grants to property owners and
governmental entities and provide technical assistance,
information, and advice under section 101(h) of the National
Histotic Preservation Act (16 U.S.C. 470 (a) , (d) , (h) ) in
order to advance those programs and activities in the
historic core and contributing battlefield area that will
assure use of natural and cultural resources in a manner
consistent with the conservation and maintenance of the
area's historic character. Such technical assistance shall
assist local landowners, businesses, and local governments
in cooperative efforts that complement'the values of the
Battlefields. Such assistance shall help landowners meet
heritage preservation objectives in the historic core and
contributing battlefield area.
(f) Reimbursement of Planning Costs. The Secretary, under such
terms and conditions as he may proscribe, and at the request
of any local or county government or their regional entities
that encompass any one or more of the Battlefields, may
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provide matching reimbursements for up to goo of the
Planning cost incurred by such governmental entity in the
development of comprehensive plans and land use guidelines,
regulations, and ordinances that are consistent with
conserving the historic character of the Battlefields.
Such plans shall be prepared in consultation with the
Secretary and Commission. Plans and strategies, upon
approval of the Secretary and Commission, may be deemed
eligible for implementation grants. Reimbursement may only
be made in such amounts as are provided by appropriation.
(g)
Implementation Grants to Governmental Entities and the
Private Sector. The Secretary is authorized to provide
grants to state, county or municipal governments, and their
regional entities, based on a matching formula identified in
the Heritage Plan described in section 104 of this title, to
facilitate the implementation of protection plans and
strategies that will enhance the public's appreciation of
the Battlefields and further the purposes of this Act. Such
grants shall be conditioned on the Secretary's approval of
specific commitments from such governmental entities that
such governmental actions will assist in the implementation
of an approved protection strategy. The Secretary shall
suspend the provision of grants where the Secretary has
withdrawn approval of the strategy pursuant to subsection
(g) (1,2) .
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(1) Review. The Secretary and Commission shall conduct a
regular review of approved strategies for the purpose
of ensuring that such strategies continue to meet the
requirements of subsections (e,f,g). Where the
Secretary finds that a strategy or its implementation
no longer meets these requirements, the Secretary shall
withdraw approval of the strategy. Such a withdrawal
shall occur only after consultation with the Commission
and the affected governmental entity.
(2) Grant Conditions. Grants under this section shall be
made only upon application of the recipient
governmental entity and shall come from funds
specifically appropriated for this purpose as
authorized by this Act. In addition, such funds shall
be in addition to any other Federal financial
assistance for any other program, and shall be subject
to such terms and conditions as the Secretary deems
necessary to carry out the purposes of this section.
SECTION 103. ACQUISITION
(a) General Authority. Within the historic core, subject to the
limitation specified on section 103(b) of this title, upon
the adoption of the Heritage Plan by the Commission and
Secretary, the Secretary is authorized to acquire lands and
interests in lands by donation, purchase with donated or
appropriated funds, or exchange. In acquiring lands and
interest in lands in the contributing battlefield areas,
1 7
under this Act the Secretary is authorized to acquire land
by donation or exchange only.
(b) Limitations on Authority: Eminent Domain Prohibition: Lands
and interests in lands, within the boundaries of the
Battlefields that are owned by state, county, municipal
entity, or any political subdivision thereof, may be
acquired only by donation or exchange. Private property
shall not be taken through eminent domain as no lands, or
interests therein within the historic core area or the
designated contributing battlefield area may be acquired
without the explicit consent of the owner. Furthermore, in
purchasing property the Secretary is prohibited from using
appropriated funds to acquire lands determined to have lost
their historic integrity as defined in the final report
submitted to Congress entitled, "Civil War Sites of the
Shenandoah Valley of Virginia," prepared pursuant to Public
Law 101-628.
(c) Purchase at Fair Market Value. Lands and interests in land
may be acquired by purchase at a price based on the fair
market value thereof as determined by one or more
independent appraisals, consistent with the Uniform
Assistance and Real Property Acquisition Policies Act of
1970 (42 U.S.C. 4601 et seq.)
(d) Right of First Refusal. Subject to the limitation specified
in section 101 (4) of this -Title, the Secretary or
13
Commission may acquire the right of first refusal in the
acquisition of "core" historic property specified in section
101(a)(1). The Secretary or Commission is authorized to
purchase the right of first refusal from consenting property
owners.
If the owner of such property from whom the Secretary or
Commission has purchased a right of first refusal intends to
transfer any interest in such property by direct and
exclusive sale of it except by gift or donation, such owner
must notify the Secretary and Commission established in
Title II of this Act in writing of such intention. The
Secretary or Commission shall have 90 days after
notification in which to exercise a right of first refusal
to match any bona fide offer so long as it does not exceed
the fair market value of the property to obtain such
interest under the same terms and conditions as are
contained in such offer. If the Secretary has not exercised
such right within 120 days, the right of first refusal shall
be deemed void and the owner may transfer such interest.
(e) Administration.
(1)' In General. Upon the adoption of the Heritage Plan,
the Battlefields shall be administered in accordance
with this title and with those provisions of law,
rules, and regulations generally applicable to units of
the National Park System, - including, but not limited
to, the Act entitled "An Act to establish a National
1A
Park Service, and for other purposes," approved August
25, 1916 (39 Stat. 535; 16 (U.S.C.) 1,2-4) and the Act
of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461-467) as
well as other relevant Acts which seek to preserve the
nation's heritage. In case of any conflict between
provisions of this Act and such generally applicable
provisions of law, the provisions of this Act shall
govern.
(2) Donations. Notwithstanding any other provision of law,
the Secretary and Commission may accept donations of
funds, property, or services from individuals,
foundations, corporations and other private entities,
and from public entities for the purposes of this Act.
(3) Programs. The Secretary and Commission as established
in Title II of the Act, may sponsor or coor4inate
within the Battlefields and adjacent countieq„and
cities within the Shenandoah Valley, such education or
cultural enrichment programs as the Secretary or
Commission considers appropriate to encourage
appreciation and preservation of the Battlefield's
resources.
(4) Fees. The Secretary and Commission may establish such
entrance or other fees they deem necessary and
appropriate, provided that a portion of such revenue
generated from such fees shall be placed in a special
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account established and administered by the Secretary
and Commission for the purpose of:
(A) acquisition of lands or interests in lands
provided in Section 101 of this Title; and/or
(B) for direct cash payments to local governments to
supplement existing federal payments in -lieu -of
taxes. The Commission, in consultation with the
Secretary, shall establish such payment schedules.
SECTION 104. THE SHENANDOAH VALLEY CIVIL WAR SITES HERITAGE PLAN.
(a) In General. Not later than three years after the date of
enactment of this Act, the Commission, with the approval of
the Secretary, shall submit to the Congress a Heritage Plan
for the Battlefields that contains information ,described in
SECTION 12(b) of the Act of August 18, 1970 (16 Ij.S.C. la -
7(b)), and which takes into account the preservation and
development within the Battlefields. The Plan shall be
prepared with adequate public involvement as set by the
Commission and Secretary. The Plan shall describe the
appropriate protection, management, uses, and development
within the Battlefields consistent with the purposes of the
Act and shall be deemed to have fulfilled the requirements
of section 12(b) of the Act of August 18, 1970 cited above.
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(b) Preparation of the Plan. Within two years after the date on
which the Commission conducts its first meeting, the
Commission shall submit to the Secretary a draft Shenandoah
Valley Civil War Sites Heritage Plan, which shall meet the
requirements of subsection (c) of this section. The
Secretary shall review the draft Plan and, within ninety
days after the date on which such plan is submitted to the
Secretary, suggest appropriate changes in such Plan and
forward them to the Commission. Should the Secretary fail
to submit suggestions within ninety days, the Plan shall be
deemed approved. Within ninety days after the Secretary
submits to the Commission his comments, the Commission shall
submit a revised Heritage Plan to the Secretary. The
Secretary shall approve or disapprove any revised Plan in
the same manner as discussed above. The Secretary may not
approve such Plan unless the Secretary determines that such
Plan would adequately carry out the purposes of -this Act.
When the Secretary approves the Heritage Plan, the Secretary
shall publish notice of such approval in the Federal
Register and the Commission shall forward copies of the
approved Plan to the Congress, at which time the National
Battlefield shall be deemed established.
(c) Specific Provisions. The Heritage Plan shall include, but
not be limited to, the following:
(1) the identification of partnerships among the Secretary,
the Commission and other Federal, State and local
governments and regional entities, and the private
17
sector for the management of properties within the
Battlefields;
(2) the identification of possible locations of visitor
contact and major interpretive facilities by the
Secretary with the approval of the Commission as deemed
necessary and appropriate to carry out the purposes of
this Act, provided that two major interpretive
facilities (one in the vicinity of. the upper valley,
one in the lower), shall be developed;
(3) plans for implementation of a continuing program of
interpretation and visitor education about the
resources and values of the Battlefields;
(4) plans for a uniform Valley -wide historical marker and
y
wayside exhibit program including a provision for the
marking, with the owner's consent, of historic
structures and properties in the jurisdictions
identified in Section 101(1) of this Act that
contribute to the understanding of_the civil War
heritage of the Valley;
(5)_plans for the management of natural and cultural
resources of the Battlefields, with particular emphasis
on the preservation of historic landscapes and scenes.
s
This shall include a re -assessment of the integrity of
lands within the historic core every five years, or
18
otherwise, as deemed necessary by the Secretary and
Commission; and
(6) proposals for assessing the potential operation of
battlefield concessions by qualified locally owned
businesses, certification of battlefield guides and
opportunities for a Battlefields -wide interpretive
training program.
(d) Revisions. The Secretary may make revisions in the Heritage
Plan established pursuant to this section, only after
consulting with the Commission and after adequate public
involvement.
TITLE II
SHENANDOAH VALLEY NATIONAL BATTLEFIELDS COMMISSION
(a) Establishment. There is hereby established the Shenandoah
Valley National Battlefields Commission (hereafter in this
Act referred to as "the Commission"). The Commission shall
have the duties authorized in this Act.
(b) Purpose. The purposes of the Commission are:
(1) to advise and actively participate with the National
Park Service in the development of the Heritage -Plan
for the Battlefields; and
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(2) to assist in the implementation, coordination,
protection, promotion, and management of the
Battlefield resources in the Shenandoah Valley of
Virginia.
(3) To promote heritage tourism in the Shenandoah Valley.
(c) Membership. The Commission shall be composed of [] members:
(1) two members (one of which must be a property owner in
the historic core) representing each of the eight
jurisdictions containing Battlefields; these members
shall be appointed by each Board of Supervisors or City
Council;
(2) the Executive Directors of the Lord Fairfax Planning
District Commission and the Central Shenandoah Planning
District Commission;
(3) one member representing the Department of Historic
Resources, Commonwealth of Virginia (SHPO), appointed
by the Secretary;
(4) two members with demonstrated expertise in historic
preservation, appointed by the Secretary;
(5) two members who are recognized historians with
expertise in Civil War history, appointed by the
Secretary;
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(6) the Executive Director or designee from each of the
following nonprofit entities that own Battlefield
property within the historic core: The National Trust
for Historic Preservation/Belle Grove Incorporated, the
Cedar Creek Battlefield Foundation, New Market
Battlefield Park, the Association for the Preservation
Of Civil War Sites, the Lee Jackson Foundation,, the
Stonewall Brigade Foundation, the Society of Port
Republic Preservationists, and Preservation of Historic
Winchester; and
(7) the Director of the National Park Service or his
designee, ex officio.
(d) Operations of the Commission.
(1) Appointments. Members shall be appointed for staggered
terms of three years, as designated by the Secretary at
the time of initial appointment. Any member of the
Commission appointed for a definite term may serve
after the expiration of his term until his successor is
appointed.
(2) Election of Officers. The Commission shall elect one
of its members as Chairperson and one as Vice
Chairperson. Terms of the Chair and Vice -Chair shall
be two years.
The Vice -Chair shall serve as Chair in
the absence of the Chair.
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(3) Vacancy. Any vacancy on the Commission shall be filled
in the same manner in which the original appointment
was made, except that the Secretary, if responsible for
such appointment, shall fill any vacancy within 30 days
after receiving a recommendation for the position. If
after 30 days an appointment has not been made, the
Commission may fill the position in the same manner in
which the original appointment was made.
(4) Quorum. Eleven members of the Commission shall
constitute a quorum.
(5) Meetings. The Commission shall meet not less than
quarterly, or at the call of the Chair or a majority of
its members. The Director or his designee shall attend
each Commission meeting. Notice of meetings and agenda
shall be published in local newspapers which have a
distribution throughout the Shenandoah Valley.
Commission meeting shall be held at various locations
throughout the Valley and in such a manner as to ensure
adequate public participation.
(6) Expenses. Members of the Commission shall serve
without compensation as such, but the Secretary may pay
expenses reasonably incurred in carrying out their
responsibilities under this Act on vouchers signed by
the Chairperson.
(7) Staff to the Commission. The Commission may hire such
staff as deemed necessary to carry out the provisions
of this Act, provided that no employee's salary may be
in excess of a rate comparable to a grade GS -14 of the
General Schedule. Upon the request of the Commission,
the Director of the National Park Service may detail,
on a reimbursable basis, personnel of such agency to
the Commission to assist it in carrying out its duties
under this Act.
(8) Federal Advisory Committee Act. The provisions of
section 14 of the Federal Advisory Committee Act
a
(5 U.S.C. App.) are hereby waived with respect to this
Commission.
(9) Termination. Ten years after the enactment of this
Act, the tenure of the Commission shall be reviewed and
a determination made as to whether the operations of
the Commission shall be continued. Unless reauthorized
by Act of Congress, the Commission shall cease to
operate on December 31, 2003.
AUTHORIZATION OF APPROPRIATIONS
There are hereby authorized to be appropriated such sums as may
be necessary to carry out the other purposes and provisions of
this Act.
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