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PC 06-03-92 Meeting AgendaAGENDA FREDERICK COUNTY PLANNING COMMISSION The Old Frederick County Courthouse Winchester, Virginia JUNE 3, 1992 7:00 P.M. CALL TO ORDER TAB 1) Bimonthly Report ........................................... A 2) Committee Reports .......................................... B 3) Citizen Comments .......................................... C PUBLIC HEARINGS 4) 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. (Mr.Bise)................................................ D 5) Annual review of Conditional Use Permits. (Mr. Miller) ..................................... E 6) An amendment to Chapter 21 of the Frederick County Code, Zoning Ordinance, Article IX, Business and Industrial Zoning District, Section 9-14, Light Industrial (M-1), to include Human Service Centers as an allowed use. (Mr. Wyatt)................................................F OTHER 7) Revisions to Chapter 8 of the Frederick County Code, Erosion and Sediment Control, to reflect current State standards. (Mr.Bise)................................................ G 8) Memo regarding the Battlefield Task Force. (Mr. Watkins) ............................................. H 9) Other (no attachment) ........................................ I M E M O R A N D U M TO: Frederick County Planning Commission FROM: Robert W. Watkins, Secretary SUBJECT: Bimonthly Report DATE: May 26, 1992 (1) Rezonin s Pending: dates are submittal dates Twin Lakes 4/04/90 (Shaw) (RA to B2/RP) Marshall Williams 3/12/91 (Shaw) (RA to M2) Rezonin s Approved: dates are HOS approval dates None Conditional Use Permits Pending: dates are submittal dates James R. Orndorff 05/04/92 BkCk Dog Kennel John Merrill 05/06/92 Gain Off premise sign Conditional Use Permits Approved: dates are approval dates None Site Plans Pending: dates are submittal dates Wheatlands Wastewater Fac. 9/12/89 Opeq Grace Brethren Church 6/08/90 Shaw Flex Tech 10/25/90 Ston Hampton Chase 12/18/90 Ston Lake Centre 05/15/91 Shaw Red Star Express Lines 05/24/91 Ston Youth Development Ctr. 09/11/91 Shaw Winchester Airport 03/02/92 Shaw Negleyland 04/01/92 Ston Freeton 04/27/92 Opeq Miles, Inc. 05/05/92 Opeq Greenwood Bapt. Church 05/07/92 Shaw trmt.facil church Lgt. Industrial S.F. & T.H. Townhouses Whse. Addition Youth meeting facilities Increased safety zone/road relocation Office/Commercial Townhouses Manufacturing Church & Parish 2 (6) Site Plans Approved: (dates are approval dates) Winc. Harley Davidson 05/22/92 Shaw Motorcycle Sales & Service (7) Subdivisions Pending: dates are submittal dates None (8) Subdivisions Pending Final Admin. Approval: (P/C approval dates Abrams Point, Phase I Frederick Woods Hampton Chase Lake Centre Hershey Property Fredericktowne Est. (sections 5, 6 and 7) Coventry Courts Senseny Glen Freeton Battlefield Partnership 6/13/90 Shawnee 5/16/90 Opequon 02/27/91 Stonewall 06/19/91 Shawnee 10/02/91 Stonewall 10/16/91 Opequon 12/04/91 Shawnee 12/04/91 Shawnee 05/20/92 O p e q u o n 05/20/92 Back Creek (9) PMDP Pending: (dates are submittal dates)_ Hampton Chase (revised) 03/31/92 Stonewall Freeton 04/27/92 Opequon (10) FMDP Pending Administrative Approval: (dates are BOS approval dates Battlefield Partnership 04/08/92 Back Creek (11) FMDP Administ. Approved dates are admin. approval dates None (12) Board of Zoning Appeals Applications Pendin submit. dates Stephen Fretwell Stonewall Appeal to Zoning Administrator's interpretation. Negley Construction 05/21/92 Shawnee 12' rear (house) Barbara & Terry Franklin 05/22/92 Opequon 8' rear (existing house) (13) BZA Applications Approved: (approval dates) Kenneth & Tambera Webb 05/19/92 Shaw 5 ' r e a r (addition) 3 (14) BZA Applications Denied: Marjorie Gunter 05/19/92 Ston 50' lot width (15) PLANS RECD. FOR REVIEW FROM CITY OF WINCHESTER Friendship Fire Co. Pleasant Valley Road P/C Review Date: 06/03/92 CONDITIONAL USE PERMIT #006-92 James R. Orndorff Dog Kennel LOCATION: Off of Route 50 West approximately seven miles on Route 608 MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER 59000OA000055D PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas), land use - residential and existing dog kennel ADJOINING PROPERTY ZONING & PRESENT USE: land use - residential and vacant PROPOSED USE: Dog Kennel REVIEW EVALUATIONS: Zoned RA (Rural Areas), Virginia Department of Transportation: Location is adequate for entrance. Fire Marshal: Approval of this CUP will not have a significant impact on Fire and Rescue Dept. resources. Access for emergency vehicles must be maintained to all structures at all times. Any areas opened to public such as offices or sales areas must comply with applicable sections of the Virginia Uniform Statewide Building Code. 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 of the basis of Disability by Public Accommodation and in Commercial Page 2 Keeler CUP Facilities. Permit required shall be a "Change of Use" on existing building. Health Department: Sanitary facilities available and adequate for kennel operators. Dog waste is hosed into a holding tank and pumped on a regular basis by Merritt's Sanitation. Ultimate responsibility for dog waste lies with SWCB, and a letter will be sent accordingly. Until we receive some guidance from State Water Control Board, Health Dept. has no objection Planning Department: This application is for an existing kennel operation that was unknowingly operating illegally in the Rural Areas District. Approval of this permit will not change the character and established pattern of development in this area. 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. This is a fairly large kennel with 18 adult dogs. It is the staff's opinion that if the number of adult dogs were to exceed 20, then new facilities would be necessary. 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 FOR JUNE 3, 1992: Approval: With the following conditions: 1) Any change in use shall require a new Conditional Use Permit. 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. Submittal Deadline $ - 9'-9a 4�GX CSG P/C Meeting -BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (The applicant if the owner other) NAME: P ADDRESS: 1 ) c 2 a� 6 � TELEPHONE 2. Please list all owners, occupants, or parties in interest of the property: 3. The property is located at: (please give exact directions) 1 Xaci r-, , L -L •,n - .n -0 -'-' % - 4. The property has a road frontage of depth of feet and consists of (Please be exact) feet and a acres. 5. The property is owned by -as evidenced by deed from recorded (previous owner) in deed book no. on page , registry of the County of Frederick. '- 6. 14 -Digit Property Identification No. Sg �voa eadoosr 4 Yb Magisterial District ,, #-V- Current Zoning 'a 0.r 7. Adjoining Property: USE North East South West ZONING o� page -2- CUP Application August, 1990 8. The type of use proposed is (consult with the Planning Dept. before completing)_ 9. It is -proposed that the following buildings will be constructed: b o l2._ : k'1 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 \Z�I ('�.t i Vt (ZO O'j V Property ID#69 Onoo, n'O'goprao Address y 3 W Bo O-O� 60 Property ID# O pO CL m E4Wao�• 0.A«tt'Address C.. Q aX K1}i wt••.. a Y�da tiba Property ID# Sq avo 0 0 Wa.CkeL t-4- Address Tt�_ C 1Sdx oto'? o Property ID# S p 00 0. o a Address Property ID# Address Property ID# page -3- CUP 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. \i � r a 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' pu.lic hearing. Signature of Applicant C_ Signature of Owner Owners' Mailing Address Owners' Telephone No. e-13 Y I�a� Y-//9 L x Z;Z,--z6-D/ 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 �VA RE: Annual Approval of Conditional Use Permits DATE: May 21, 1992 The listing of all CUP's was previously submitted to you for review. All permits that were identified as problems have been investigated and appropriate actions taken. Two permits were identified as candidates for elimination and are listed on the attachment. Staff recommends approval of all permits as presented with elimination of the two permits on the elimination list. Your recommendation will go to the Board for their action. WWM/slk THE COURTHOUSE COMMONS 9 N. Loudoun Street - P.O. Box 601 - Winchester, Virginia - 22601 1992 CUP ELIMINATION LIST #014-81 William D. & Charlotte A. Payne - Small engine repair shop on Route 522S RE: Mr. Payne is deceased and Mrs. Payne (now remarried) advised that use will not be restarted. #010-86 Charles & Fay Grady - Kennel on Route 625. RE: Use discontinued - Grady's are applying for a new permit at another location. 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 Joseph s. & 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 50W 002-87 Janet Bissell - Dog Kennel 522N 004-87 Wray D. & Darlene T. Kimmel - 522N Boarding Kennel 009-87 Lloyd R. Renner - Off Premise Sign 522N 010-87 C. Joe Lizer - Off Premise Sign 522N 012-87 ADG,Inc. - Commercial Outdoor 694 Recreation Center "AKA" 017-87 Douglas L. Owens - Country General 50W Store/Gas Pumps/Private Residence 018-87 Theodore P. Hoover - Public Garage 654 and Body Shop 003-88 Westminister - Canterbury - Sign 522N 007-88 Ronald E. Gordon - Automobile Repair 789 011-88 Holt Corporation - Radio Station 50W 001-89 Charles & Nancy Thompson - Garden 739 Supplies and rentals 004-89 William E. Gill - Heating and Air 852 Conditioning business 005-89 John E. & Delphia J. Shelly - 522N Retail Sales and Groceries 012-89 Charles & Dolores Middleton - 522N VCR Repair Shop 013-89 Richard Dale & Merle D. Kerns - 600/690 Country General Store 014-89 Robert R. Sheehan, Jr. - Sign Shop 50W 007-90 Roger Lee Jenkins - Auto Repair 608 Garage 016-90 Christopher Chisholm & Stephanie 522N Slonaker - Dog Grooming 018-90 Ernest W. Creek - Public Garage 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" 522N Office 012-91 Roger & Betty DeHaven - Well Drilling 682 Business 013-91 Dick Ballenger - Off Premise Sign 522N 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 lis 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 and Repair Facility 011-89 Richard L. & Margaret Goodwin - Public Garage 006-90 Gregory Investments - Recreational Facility/Golf Driving Range 008-90 Cacapon Valley Child Care Center - Community Center/Child Care 011-90 Allen E. Rogers - Lawn Care Office and Warehouse 001-91 Clifton Brill - Fish Hatchery 003-91 Marietta & Kim Walls - Veterinary Office and Hospital 006-91 Alice V. Burleson - Silk Flower Arrangements 007-91 Charles Munneke - Off Premise Sign 008-91 Ray George - Machine Shop 011-91 Larry Earhart - Truck Repair Service 654 50W 11S 50W/704 620 604 622 Shawneeland 11S 600 631 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 Mcgle - 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 Shap 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 2 013-87 Holiday Motel, Motel Sign 11 & 627 014-87 Roger L. Mogle, Small Engine 647 Repair 016-87 Harry A. Downard, Farm Supply Sales 842 002-89 Thomas J. Gillespie, Auto Repairs 522 017-89 Richard A. Keeler, Convenience Store 11S & 634 001-90 Roy & Patricia Beatty - Garage and body repair 11 015-90 Kenneth D. & Theresa Kovack - Office 1041 and Workshop 017-90 White Oak Trading Post - Country 277 Store and Campground CONDITIONAL USE PERMITS SHAWNEE DISTRICT PERMIT NUMBER NAME ROUTE NUMBER 007-74 Orrlick Cemetary - Cemetary 656 040-75 Boyd Unger - Gift Shop 5225 023-78 Charles W. Bush - Bookkeeping 779 011-79 Ervin D. & Margie Nates - Home 657 Occupation/Day Care 024-79 Dr. Robert Kapp - Replace Mobile Home Dodge Ave. 025-79 Powlen Equipment Co. - Construction 728 Equipment Distribution and Sales 001-81 Gary A. Wygal - Income Tax Service 744 002-81 Robert Ziegler, Inc. - Off Site Sign 7E 008-81 Wesley L. Spangler - Antique Shop 50E 007-82 Stephen & Sue Culbert - Silk Flower 657 Arranging 005-83 Michael D. Hockman - Ambulance Service 522S 001-85 John W.H. & Gloria M. Collins - 645 Public Garage 005-85 David E. & Nancy M. Ritter - 1225 Consignment Shop 007-85 Timber Ridge Ministeries Inc. - 522S Radio Station 004-86 Ronald M. Mowbray - Mobile Home 642 005-86 Orville R. Comer - Excavation Business 522S 009-86 Charles A. Mercer - Gas Pumps 7E 006-87 R. Thomas & Carolyn G. Malcolm - 657 Beauty Shop 006-89 Kathryn M. Perry •- Open Mine Shale Pit 50E 010-89 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 029-90 Michelle Brogger - Catering Service 847 002-91 Larry A. Welsh - Public Garage With 645 Body Repair 010-91 John Murtagh - Office 645 CONDITIONAL USE PERMITS STONEWALL DISTRICT PERMIT NUMBER NAME ROUTE NUMBER 026-74 Stanford & Inge Co. - Off Site Sign 11&I-81 055-76 National Advertising Co. - Sign 7&I-81 009-77 Margaret A. Carter - Beauty Shop 661 014-78 Marcus W. Reid - Antique Shop 672 017-78 Frederick County Fair Assc. - 11N Camping, etc. 019-78 Linwood Heironimus, Jr. - CB/Scanner 672 and Misc. Sales 003-79 Union Hall, IAMAW Local 2335 - Union 11N Hall 004-79 Eston L. Keeler - Antique Shop 672 005-79 Eston L. Keeler - Sign 672 010-79 David Grim - Home occupation/ 11N Photography 017-79 Denny's Inc. - Off Site Sign 7E 016-81 Bernard & Sally McClung - Model Home 739 003-82 Jerry & Cathy Harris - TV/Video Rental 661 005-82 Lloyd & Carolyn Roberts - Beauty Shop 1208 020-82 Joseph C. Smith - Commercial Sign 11N 002-83 Glenwood Nicholson - Sign 522N 003-83 Chester S. Webber - Small Engine 661 Repair 004-83 Marvin D. Hoffman - Saw Sharpening 721 Shop 008-83 R.D. Brown (Bauserman Oil) - Off I-81 Site Signs 004-84 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 COUNTY of FREDERICK Department of Planning and Development 7031/665-5651 FAX 703/678-0682 MEMORANDUM To: Planning Commission Members From: Evan Wyatt, Planner II Subject: Proposed Zoning Ordinance Amendments to Allow Human Service Centers in the M-1 Zoning District Date: May 22, 1992 The proposed amendment to allow "Human Service Centers" in the M-1 Zone comes in response to a request from Thin Line, Inc. The Development Review and Regulations Subcommittee discussed the proposal at two of their meetings. The Committee felt the use would be appropriate under certain conditions and restrictions. Among other restrictions, the proposed ordinance amendments are intended to restrict the use to industrial land outside of planned industrial parks. Please let me know if you have any questions on the use or the proposed amendments. EAW/slk THE COURTHOUSE COMMONS INDUSTRIAL ASSOCIATION OF WINCHESTER — FREDERICK COUNTY P.O. BOX 1814 WINCHESTER, VIRGINIA 22601 May 14, 1992 Mr. Roger Thomas Chairman, Ordinance Subcommittee Frederick County Planning Commission 9 Court Square Winchester, VA 22601 Dear Mr. Thomas, I write to you on behalf of the Industrial Parks Association of Winchester/Frederick County (IPA). The IPA has been approached by Stephen Gyurisin who is working with Thin Line, Inc. Mr. Gyurisin has made available to our association the suggested amendment to the M-1 zoning ordinance. Mr. Gyurisin informed us, and I confirmed with you during our telephone conversation, that the Ordiannce Subcommittee of the Frederick County Planning Commission wished to know how the IPA viewed the proposed amendment. Let me begin by stating that every member of our organization supports the efforts of Thin Line, Inc. and its important mission in our community. The services Thin Line provides are extremely necessary. The IPA supports the allowance of such facilities into an M-1 area, but under different circumstances than the current proposal. Rather than permit such facilities by right with supplemental use regulations, the IPA would prefer to see the use permitted with a conditional use permit. We believe the conditional use permit will allow local governmental officials a more appropriate review process than the current proposal should future facilities of this type wish to locate in an M-1 area. We are certainly not planners, however, and realize that there are many issues which need to be considered. We are confident that you, your committee and the Planning Commission will arrive at a fair and equitable solution for this worthwhile project. Thank you for giving us the opportunity to express our thoughts. Please contact me at 837-1110 should you have any questions or comments. Sincerely yours, ti- - v Thomas T. Gilpin President cc: Robert Watkins Stephen Gyurisin June Wilmot IPA Members I COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/678-0682 May 21, 1992 Mr. Stephen M. Gyurisin Plans and Projects 523 N. Braddock Street Winchester, Virginia 22601 RE: Frederick County Historic Resources Advisory Board: Res onse to Thin Line Proposal. Dear Steve: At their regular meeting of May 19, 1992, the Frederick County Historic Resources Advisory Board (HRAB) heard a proposal .from Thin Line Inc., involving the use of the ten acre site of "Fort Collier" for a non-profit Human Service Center. The presentation centered around how the proposed use would effect the properties historic context. The. HRAB was impressed with the approach described in the discussion. Thin Line's 'commitment to place the earthworks on the property under a permanent protective easement, their interest in obtaining National Register Designation and promoting scheduled visits to the property by interested parties, along with their possible pursuit of Historic Area Overlay Zoning for the property, all met with very favorable response from the HRAB. In conclusion, the HRAB will be anxious to work with Thin Line on the development of historic preservation efforts as they relate to this project. If you have any questions concerning this matter please feel free to contact me Sincerely, Kris C. Tierney, AICP Deputy Planning Director KCT/slk AMENDMENT FREDERICK COUN'T'Y CODE Planning Commission June 3 1992 Board of Supervisors AN ORDINANCE AMENDING THE FREDERICK COUNTY CODE CHAPTER 21, ZONING ORDINANCE WHEREAS, An ordinance to amend the Frederick County Code, Chapter 21, Zoning, Article IX, Business and Industrial Zoning Districts, was referred to the Planning Commission on June 3, 1992; and, WHEREAS, the Commission held a public hearing on this ordinance amendment on June 3, 1992; and, WHEREAS, the Board of Supervisors held a public hearing on this ordinance amendment on 199; and WHEREAS, the Frederick County Board of Supervisors find this ordinance amendment to be in the best interest of the public health, safety, welfare convenience and in good zoning practice; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as follows: That Chapter 21 of the Frederick County Code, Zoning Ordinance, is amended to revise Article IX, Business and Industrial Zoning Districts, Section 9-1-4, as described on the following attachment. 9-1-4 LIGHT INDUSTRIAL DISTRICT, M-1 ALLOWED USE: Human Service Centers, including pre-release residential programs. � J 914 11",_4 - Cg omf Shc�� , C-1 �✓94,/ C�— ) �.1T// Sl9G�� Gtr ! •�-�l�w�i`j�cr�f 4 S This ordinance shall be in effect upon its passage. Passed this day of , 1992 . A Copy Tests John R. Riley, Jr. Frederick County Administrator AMENDMENT FREDERICK COUNTY CODE Planning Commission _ June 3, 1992 Board of Supervisors AN ORDINANCE AMENDING THE FREDERICK COUNTY CODE CHAPTER 21 ZONING ORDINANCE WHEREAS, An ordinance to amend the Frederick County Code, Chapter 21, Zoning, Article III, Supplementary Use Regulations, was referred to the Planning Commission on June 3, 1992; and, WHEREAS, the Commission held a public hearing on this ordinance amendment on June 3, 1992; and, WHEREAS, the Board of Supervisors held a public hearing on this ordinance amendment on 199_; and WHEREAS, the Frederick County Board of Supervisors find this ordinance amendment to be in the best interest of the public health, safety, welfare convenience and in good zoning practice; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as follows: That Chapter 21 of the Frederick County Code, Zoning Ordinance, is amended to revise Article III, Supplementary Use Regulations, Section 3-23, as described on the following attachment. 3-23 HUMAN SERVICE CENTERS 3-23-1 This use shall be located on a minimum of five acres. 3-23-2 This use shall not be located in a planned/platted industrial park. 3-23-3 This use shall be served by public water and sewer. 3-23-4 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. 3-23-5 The floor area for residential uses shall be secondary to the outpatient office floor area. 3-23-6 The maximum number of residents shall not exceed 24 persons. 3-23-7 A residential manager shall be on duty 24 hours daily. L r Pd C at IX - This ordinance shall be in effect upon its passage. Passed this day of , 1992 . A Copy Tests John R. Riley, Jr. Frederick County Administrator COUNTY of FREDERICK Department of Planning and Development 763/665-5651 FAX 703/678-0682 MEMORANDUM To: Planning Commission Members From: Lanny Bise, Planner I cct, Re: Revisions to Chapter 8 of the Frederick County Code Date: May 18, 1992 Please find attached a copy of the revised Chapter 8, of the Frederick County Code, which deals with Erosion and Sediment Control. This is being presented to you as an informational item. The revisions are highlighted in bold print and are being done to reflect the current State standards, after a recent review of the ordinance by the Division of Soil and Water Conservation. Other than changing definitions and adding a few words here and there, the main change to the ordinance is section 1-4-1, Agreement in Lieu of a Plan. This is being done at the suggestion of the Division of Soil and Water Conservation in order to protect the County from any legal liability and to prevent erosion problems within subdivision development. I welcome the opportunity to discuss any questions you might have. LCB/slk THE COURTHOUSE COMMONS 9 N. Loudoun Street - P.O. Box 601 - Winchester. Virginia - 22601 CHAPTER 8 EROSION AND SEDIMENTATION CONTROL ARTICLE I EROSION AND SEDIMENTATION CONTROL 1-1 PURPOSE OF CHAPTER The purpose of this chapter is to provide for the control of erosion and sedimentation both during and following development, and to establish procedures for the administration and enforcement of such controls. 1-2 APPLICATION OF CHAPTER Except as provided for in Sections 1-4 and 1-5, no person may engage in any land disturbing activity until such person has submitted to the county an erosion and sediment control plan which has been reviewed and approved by the County Erosion and Sedimentation Control Officer, and has obtained a land disturbance permit for such activity. 1-3 NON -CONTROLLED ACTIVITIES In no instance shall the provisions of this chapter be construed to apply to the following: 1-3-1 Such minor land disturbing activities as home gardens and individual home landscaping, repairs and maintenance work; ZD 1-3-2 Individual service connections; 1-3-3 Installation, maintenance, or repair of any underground public utility lines when such activity occurs on an existing hard surfaced road, street or sidewalk provided the land disturbing activity is confined to the area of the road, street or sidewalk which is hard surfaced; 1-3-4 Septic tank lines or drainage fields unless included in an overall plan for land disturbing activity relating to construction of the building to be served by the septic tank system. 1-3-5 Surface or deep mining; 8-1-2 1-3-6 Exploration or drilling for oil and gas including the well site, roads, feeder lines and off site disposal areas; 1-3-7 Repair or rebuilding of the tracks, right-of-ways, bridges, communication facilities and other related structures and facilities of a railroad company; 1-3-8 Disturbed areas for commercial and non-commercial uses of less than ten thousand square feet in size; 1-3-9 Preparation for single-family residences separately built. 1-3-10 Installation of fence and sign posts or telephone and electric poles and other kinds of posts or poles; 1-3-11 Emergency work to protect life, limb or property and emergency repairs; provided that, if the land disturbing would have required an approved erosion and sediment control plan or if the activity were not an emergency, then the land area disturbed shall be shaped and stabilized in accordance with the requirement of the local plan approved authority; 1-3-12 Tilling, planting, or harvesting of agricultural, horticultural, or forest crops or livestock feedlot operations, agricultural engineering operations including but not limited to the construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds, not required to comply with the Dam Safety Act, Article 2 ( 10.1-604 et seq. ) of Chapter 6 of Title 10.1, ditches, strip cropping, lister furrowing, contour cultivation, contour furrowing, land drainage and land irrigation. 1-4 AGREEMENT IN LIEU OF A PLAN 1-4-1 In the case of subdivision development that will not require any land disturbance other than that proposed for the development of individual sites, an Agreement In Lieu of an erosion and sediment control plan is allowed. When such subdivisions proposed to construct private/public roads serving two (2) or more sites, such subdivisions shall be required to submit erosion and sediment control plans as provided in section 1-2. 1-5 REGULATED LAND DISTURBING ACTIVITIES 1-5-1 Except as provided in paragraphs 1-5-2 and 1-5-3, no person shall engage in 8-1-3 any land disturbing activity after the adoption of this chapter until he has submitted to the Erosion and Sedimentation Control Officer an erosion and sediment plan for such land disturbing activity and until that plan has been reviewed and approved by the Officer. 1-5-2 Any state agency that undertakes a project involving a land disturbing activity will file specifications or a conservation plan with the Virginia Soil and Water Conservation Board for a review. 1-5-3 Any person whose land disturbing activities involve lands which extend into the jurisdiction of another local erosion and sediment control program is not required to submit a local plan, provided such person has a plan approved by the Virginia Soil and Water Conservation Board, 1-5-4 Whenever a land disturbing activity is proposed to be conducted by a contractor performing construction work pursuant to a construction contract, the preparation, submission and approval of the required erosion and sediment control plan shall be the responsibility of the owner of the land. 1-5-5 In order to prevent further erosion the plan approving authority may require approval of an Erosion and Sedimentation Control Plan for any land identified as an erosion impact area. 1-6 PLAN SUBMISSION 1-6-1 Five copies of the erosion and sediment control plan shall be submitted to the plan approving authority. 1-7 MONITORING. REPORTS„ AND INSPECTIONS 1-7-1 LAND DISTURBING ACTIVITIES WHERE A PERMIT IS ISSUED - With respect to erosion and sediment control where a land disturbance permit is issued, either the permit -issuing authority or plan approving authority shall periodically inspect the land disturbing activity and the plan approving authority may require reports from the person responsible for carrying out the plan to ensure compliance with the approved plan and to determine whether the measures required in the plan are effective in controlling erosion and sediment resulting from the land disturbing activities. The owner, occupier or operator shall be given an opportunity to accompany the inspectors. 8-1-4 1-8 EROSION AND SEDIMENTATION CONTROL PLAN 1-8-1 The erosion and sedimentation control plan shall follow the format detailed in the current edition of the "Virginia Erosion and Sediment Control Regulations" (VR625-02-00) which is hereby adopted in its entirety. 1-8-2 Approved standards and specifications for control techniques to be utilized in preparing this plan are set forth in the Erosion and Sediment Control Regulations and the current edition of the "Virginia Erosion and Sediment Control Handbook." 1-8-3 The above requirements are included in the county erosion and sediment control program. 1-9 APPROVAL OF PLANS The plan -approving authority will act on all plans submitted within forty-five days from receipt thereof by either approving said plan in writing or by disapproving said plan in writing and giving the specific reasons for its disapproval. When a plan submitted for approval under this section is found upon review by the plan approving authority to be inadequate, the authority shall specify such modifications, terms and conditions as will permit approval of the plan and communicate these requirements to the applicant as herein required. If no action is taken by the plan -approving authority within the time specified above, the plan shall be deemed approved and the person authorized to proceed with the proposed activity. 1-10 BONDING OF PERFORMANCE 1-10-1 Prior to the issuance of any land disturbance permit, the plan approving authority may require from any applicant a reasonable performance bond, cash escrow, letter of credit, any combination thereof or such other legal arrangement as is acceptable to the authority, to insure that emergency measures could be taken by the county at the applicants expense should he fail within the time specified to initiate appropriate conservation action which may be required of him as a result of this land disturbing activity. In addition, the applicant will be held responsible for any costs incurred by the county for corrective measures taken to correct problems resulting from said project which exceed the amount held for such purposes. 1-10-1.1 Within sixty (60) days of site stabilization, verified by final field inspection, 8-1-5 any bond, cash escrow, letter of credit or other legal arrangement or the unexpended or unobligated portion thereof, shall be refunded to the applicant or terminated, as the case may be. 1-10-2 Any applicant aggrieved by a decision of the permit -issuing authority with respect to the terms or requirements of such a performance bond or surety, if required, may cause that decision to be reviewed by the Board of Supervisors provided a notice of appeal is filed with the permit -issuing authority within ten days after such decision. The appeal shall be considered by the Board of Supervisors at its next regular meeting which occurs no less that five days after receipt of the notice of appeal by the permit -issuing authority. 1-11 ISSUANCE OF LAND DISTURBANCE PERMIT AND FEES 1-11-1 Except as provided in Section 1-5, no person shall engage in any land disturbing activity as defined in Section 1-3 within the county until he has acquired a land disturbing permit. 1-11-2 Issuance of a land disturbance permit is conditioned on an approved erosion and sediment control plan and certification that the plan will be followed which shall be presented at the time of application for such a permit. In addition, the requirements of Section 1-10, concerning a performance bond, cash escrow, letter of credit, any combination thereof or such other legal arrangement as is acceptable under the provisions of Section 1-10, shall be met and the fees herein levied for land disturbing activities shall be paid. 1-11-3 A schedule for plan review and inspection fees may be adopted by the Board of Supervisors. 1-12 AMENDMENTS TO PLANS An approved erosion and sedimentation plan may be amended by the plan - approving authority if: 1) on-site inspection indicates that the approved control measures are not effective in meeting the standards set forth in the Erosion and Sediment Control 'RgZn ations and the current edition of the—"Virginia Erosion and Sedimentation Control Handbook." 2) due to changed circumstances or for other reasons the approved plan cannot be effectively carried out, and proposed amendments to the plan, MW consistent with the requirements of this chapter, are agreed to by the plan approving authority and the person responsible for carrying out the plan. 1-13 ADMINISTRATIVE APPEAL: JUDICIAL REVIEW Decisions of the administrator under this chapter shall not be the final decision of the county, but shall be subject to review by the Board of Supervisors. The decision of the Board of Supervisors shall be the final decision of the county. 1-13-1 Final decisions of the Board of Supervisors under this chapter shall be subject to review by the circuit court of the county, provided an appeal is filed within thirty days from the date of the final written decision. 1-14 PENALTIES, INJUNCTIONS AND OTHER LEGAL ACTIONS 1-14-1 In accordance with Section 1-.1-569, of the Code of Virginia, as amended, a violation under this chapter shall be deemed a misdemeanor and upon conviction shall be subject to a fine not exceeding one thousand dollars or thirty days imprisonment for each violation or both. 1-14-1.1 Any person who violates any provision of this chapter may be liable to the county in a civil action for damages up to $2,000 for each violation. 1-14-1.2 Any person who violates any provision of this chapter may choose to pay an administrative fine not to exceed $2,000 for each violation instead of facing possible civil charges which may be imposed at the discretion of the court if charges are filed by the plan approving authority. 1-14-1.3 If, as a result of a complaint or routine inspection, control measures at the site of a land disturbing activity for which a permit has been issued, are found not to be in compliance with the approved plan, or are determined to be otherwise inadequate, the plan approving authority shall issue a notice to comply. Such notice shall be sent by registered or certified mail to the address specified in the permit application or delivered to the agent or employee supervising such activity. The notice shall state the measures necessary to comply, and specify the time permitted to complete the required measures. If the specified measures are not completed within the allotted time, a stop work order may be issued, the land disturbance permit revoked and or a criminal complaint filed. 8-1-7 1-14-1.4 Where the Plan Approving Authority determines that there is imminent danger of harmful erosion occurring due to noncompliance with this ordinance or repeated noncompliance with an approved erosion and sediment control plan occurs, the Plan Approving Authority in conjunction with, or subsequent to, a notice to comply, may issue a stop work order requiring that all or part of the land disturbing activities permitted on the site be stopped. 1-14-2 The County may apply to the court of record in the jurisdiction wherein the land lies for injunctive relief to enjoin a violation or a threatened violation under this chapter without the necessity of showing that there does not exist an adequate remedy at law. 1-14-3 The Commonwealth's Attorney shall, upon request of the county, take legal action to enforce the provisions of this chapter. 1-14-4 Compliance with the provisions of this chapter shall be prima facie evidence in any legal or equitable proceedings for damages caused by erosion, siltation or sedimentation that all requirements of law have been met and the complaining party must show negligence in order to recover any damages. 1-15 DEFINITIONS For the purpose of this chapter, certain terms and words used herein shall be interpreted as follows: 1-15-1 ADMINISTRATOR - The official designated by the board to serve as its agent to administer this chapter. 1-15-2 APPLICANT - Any person submitting an erosion and sediment control plan for approval or requesting the issuance of a permit authorizing land disturbing activities to commence. 1-15-3 CLEARING - Any activity which removes the vegetative ground cover including, but not limited to, root mat removal or topsoil removal. 1-15-4 DISTRICT OR SOIL AND WATER CONSERVATION DISTRICT - A political subdivision of this Commonwealth organized in accordance with the provisions of Article 3 ( 10.1 - 506 et seq.) of Chapter 5 of Title 10.1. 1-15-5 EROSION AND SEDIMENTATION CONTROL PLAN OR PLANS - A document containing material for the conservation of soil and water resources MM of a unit or a group of units of land. It may include appropriate maps and appropriate soil and water plan inventory and management information with needed interpretations and a record of decisions contributing to conservation treatment. The "plan" shall contain all major conservation decisions to assure that the entire unit or units of land will be so treated to achieve the conservation objectives. 1-15-6 EROSION IMPACT AREA - An area of land not associated with the current land disturbing activity but subject to persistent soil erosion resulting in the delivery of sediment onto neighboring properties or into state waters, not including any lot or parcel of land of one acre or less used for residential purposes or to shorelines where the erosion results from wave action or other coastal process. 1-15-7 EXCAVATING - Any digging, scooping or other methods of removing earth materials. 1-15-8 FILLING - Any depositing or stockpiling of earth materials. 1-15-9 GRADING - Any excavating or filling of earth materials or any combination thereof, including the land in its excavated or filled condition. 1-15-10 LAND DISTURBING ACTIVITY - Any land change which may result in soil erosion from water or wind and the movement of sediments into state waters or onto lands including, but not limited to, clearing, grading, excavating, transporting and filling of land. 1-15-11 LAND DISTURBANCE PERMIT - A permit issued by the county for clearing, filling excavating, grading or transporting or any combination thereof. 1-15-12 LOCAL CONTROL PROGRAM - an outline of the various methods employed by a district or locality to regulate land disturbing activities and thereby minimize erosion and sedimentation in compliance with the state program and may include such items as local ordinances, policies and guidelines, technical materials, inspection, enforcement, and evaluation. 1-15-13 OWNER - The owner or owners of the freehold of the premises or lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee lessee or other person, firm or corporation in control of the property. 1-15-14 PERMITTEE - The person to whom the permit authorizing land disturbing activities is issued or the person whom certifies that the approved erosion and ME sediment control plan will be followed. 1-15-15 PLAN APPROVING AUTHORITY - The County Erosion and Sediment Control Officer or any other member of the County Staff deemed responsible for determining the adequacy of a conservation plan submitted for land disturbing activities on a unit or units of land and for approving plans. 1-15-16 PERMIT ISSUING AUTHORITY - The agency designated by the Board of Supervisors to issue Land Disturbance Permits. 1-15-17 PERSON - Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, town or other political subdivision of the Commonwealth, any interstate body, or any other legal entity. 1-15-18 STATE PROGRAM - the pprogram administered by the Board pursuant to Article 4, Section 10.1-560 of the Code of Virginia, including regulations designed to minimize erosion and sedimentation. 1-15-19 STATE WATERS - All waters on the surface and under the ground wholly or partially within or bordering the Commonwealth or within its jurisdiction. 1-15-20 SUBDIVISION - For the purpose of this ordinance shall mean the division of a parcel of land into two or more lots or parcels of less than five acres each, or any division involving a new street. 1-15-21 TRANSPORTING - Any moving of earth materials from one place to another, other than such movement incidental to grading, when such movement results in destroying the vegetative ground cover, either by tracking or the buildup of earth materials to the extent that erosion and sedimentation will result from the soil or earth materials over which such transporting occurs. C4 COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703%678-0682 MEMORANDUM To: Frederick County Planning Commission From: Robert W. Watkins, Director of Planning Vj''`) -4v- Subject: Battlefield Tour Task Force Date: May 19, 1992 For your information, 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 as follows. Purpose: 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. To provide educational opportunities concerning the heritage of our community. Approach: 1. Produce a strategic plan for battlefields and historic sites that will accomplish the following: Identify and prioritize the significant battlefields and sites that are needed to develop a heritage tour. Identify local sectors, businesses, organizations and individuals that will benefit from such a tour in order to enlist their assistance. Determine the most appropriate means to preserve and utilize the necessary sites. 2. Enlist the assistance of federal, state and local governments, property owners, businesses, and interested groups in carrying out the plan. THE COURTHOUSE COMMONS 9 N. Loudoun Street - P.O. Box 601 - Winchester, Virginia - 22601 3. Supervise and coordinate efforts to ensure that the plan is accomplished. 4. Coordinate local efforts with those underway for the region and the Shenandoah Valley. Membership: 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. Representation should be balanced. Representatives could be appointed equally by the Board and Council. We will be discussing this issue further with you in the future. RWW/slk