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PC 11-04-92 Meeting AgendaAGENDA FREDERICK COUNTY PLANNING COMMISSION The Old Frederick County Courthouse Winchester, Virginia NOVEMBER 4, 1992 7:00 P.M. CALL TO ORDER TAB 1) Meeting Minutes of October 7, 1992 .............................. A 2) Bimonthly Report...........................................B 3) Committee Reports ........................................ C 4) Citizen Comments .......................................... D 5) Subdivision application #010-92 of Jacob Moreland to create two lots from 55.931 acres. This property is located on the east side of U.S. Route 522 South, 850 ft. south of Route 776, in the Shawnee District. (Mr. Miller) ............................................... E 7:30 PM PUBLIC HEARINGS 6) Conditional Use Permit #013-92 of the Independent Order of Odd Fellows for a lodge hall and community park with shelter. This property is located on the north side of Middle Road, approximately one mile from U.S. Route 11, in the Back Creek District. (Mr. Miller)...............................................F 7) An amendment to the Frederick County Code, Chapter 21, Zoning Ordinance, Article IX, Neighborhood Business District, Section 9-1-1, Allowed Uses, to include restaurants as an allowed use. (Mr. Wyatt) ............................................... G 8) An amendment to the Frederick County Code, Chapter 21, Zoning Ordinance, Article III, Supplementary Use Regulations, to create Section 3-23 to provide Use Regulations for restaurants in the B-1, Neighborhood Business District. (Mr. Wyatt)............ ................................. H OTHER 9) Discussion regarding possible methods to preserve historic sites throughout the County. (Mr. Tierney) ............................................... I 10) Other. (no attachment) ............................................. J MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Old Frederick County Court House in Winchester, Virginia on October 7, 1992. PRESENT: Planning Commissioners present were: James W. Golladay, Jr., Chairman; Manuel C. DeHaven, Stonewall District; Marjorie H. Copenhaver, Back Creek District; John H. Light, Stonewall District; and Beverly Sherwood, Board Liaison. ABSENT: John R. Marker, Vice Chairman/Back Creek District; S. Blaine Wilson, Shawnee District; Todd D. Shenk, Gainesboro District; George L. Romine, Citizen at Large; Ronald W. Carper, Gainesboro District; Roger L. Thomas, Opequon District. Planning Staff present were • Robert W. Watkins, Planning Director; W. Wayne Miller, Zoning Administrator; and Evan A. Wyatt, Planner II CALL TO ODDER Chairman Golladay announced that the Commission could not act on any official business because of the lack of a quorum. Chairman Golladay stated that only four voting members out of ten total Planning Commissioners were present, resulting in only 40% representation. He said that all public hearing items would have to be postponed to the next regularly scheduled meeting. Mr. Miller stated that one of the conditional use permit applicants, Ms. Jill Holden, would not be able to be present at the next meeting, however, she could have a representative available. Chairman Golladay recognized that Ms. Holden was present. DISCUSSION REGARDING AN ORDINANCE CHANGE TO ALLOW RESTAURANTS IN THE B-1 (NEIGHBORHOOD BUSINESS) ZONING DISTRICT Mr. Evan Wyatt reported that the Development Review and Regulations Subcommittee (DRRS) met on September 10, 1992 with Mr. Thomas C. Glass, the owner of the Country Park Plaza Shopping Center on Senseny Road, to discuss the allowance of restaurants ON in the B-1 (Neighborhood Business) Zoning District. Mr. Wyatt said that the DRRS felt that restaurants are appropriate in shopping centers that are zoned B-1, but should not be the only structure on the parcel. The DRRS felt that restaurants would be appropriate provided that they were not of the night club variety. Mr. Wyatt explained that the Standard Industrial Classification Manual (SIC) distinguishes between eating places (restaurants) and drinking places (night clubs); therefore, this concern could be addressed through the SIC Code. Mr. Thomas C. Glass was present to answer questions from the Commission. Mr. Glass felt that food service was compatible with other permitted uses in neighborhood shopping centers and should be allowed with restrictions. Mr. Glass proposed restrictions that would allow restaurants in B-1 only if they were part of a shopping center containing other business units and did not contain drive-through service. Mr. Glass said that a restaurant in his shopping center, Toni's Pizza and Subs, wants to expand. He said that they are now considered as a carry -out bakery business; but if they expand, they would be considered a restaurant. The Commission had no objections to the proposal as long as nightclubs and drive- through services were prohibited, as they could disturb nearby neighborhoods. Chairman Golladay instructed the staff to advertise the ordinance change for public hearing. ADJOURNMENT No further business was discussed and the meeting was adjourned. Respectfully submitted, Robert W. Watkins, Secretary James W. Golladay, Jr., Chairman M E M O R A N D U M TO: Frederick County Planning Commission FROM: Robert W. Watkins, Secretary SUBJECT: Bimonthly Report DATE: October 22, 1992 (1) Rezonin s Pendin dates are submittal dates Twin Lakes 4/04/90 (Shaw) (RA to B2/RP) (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 Charles & Faye Grady 06/25/92 Opeq Dog Kennel Jill Holden 09/09/92 Gain Book Binding Independent Order of 10/25/90 Ston Lgt. Industrial Odd Fellows 09/11/92 BkCk Lodge Hall, Lake Centre 05/15/91 Shaw Community Park & Red Star. -,Express Lines 05/24/91 Stan Shelter Windy Hill Business Pk 09/28/92 Shaw Off Premise Sign (5) Conditional Use Permits Approved: dates are approval dates None (6) Site Plans Pending: dates are submittal dates Wheatlands Wastewater Fac. 9/12/89 Opeq trmt.facil Grace Brethren Church 6/08/90 Shaw church Flex Tech 10/25/90 Ston Lgt. Industrial Hampton Chase 12/18/90 Ston S.F. & T.H. Lake Centre 05/15/91 Shaw Townhouses Red Star. -,Express Lines 05/24/91 Stan Whse. Addition Freeton 04/27/92 Opeq Townhouses (10) PMDP Pending: dates are submittal dates None (11) FMDP Pending Administrative Approval: dates are SOS approval dates Battlefield Partnership Hampton Chase (revised) Freeton Preston Place 04/08/92 Back Creek 05/27/92 Stonewall 06/08/92 Opequon 10/23/92 Shawnee (12) PMDP Administ. Approved dates are admin. approval dates None 2 Winchester Church of God 07/29/92 BkCk Church Salem Church of Breth. 09/25/92 Opeq Social Hall Red Apple Deli 10/02/92 Opeq relocate gas tags Kraft Addition 10/22/92 Ston Mfg. addition Southeast Container 10/22/92 Ston Mfg. addition (7) Site Plans Approved: dates are approval dates Winchester Airport 10/09/92 Shaw Increased safety zone/road relocation (8) Subdivisions Pending: dates are submittal dates Preston Place 09/14/92 Shawnee Jacob Moreland 10/06/92 Shawnee (9) Subdivisions Pending Final Admin. Approval: (P/C approval dates Abrams Point, Phase 1 6/13/90 Shawnee Hampton Chase 02/27/91 Stonewall Lake Centre 06/19/91 Shawnee Fredericktowne Est. 10/16/91 Opequon (sections 5, 6 and 7) Coventry Courts 12/04/91 Shawnee Senseny Glen 12/04/91 Shawnee Freeton 05/20/92 Opequon Fairfax Drive Ext. 08/05/92 Opequon Deer Run @ Sherando 08/19/92 Opequon Ft. Collier Lot 28 09/16/92 Stonewall (10) PMDP Pending: dates are submittal dates None (11) FMDP Pending Administrative Approval: dates are SOS approval dates Battlefield Partnership Hampton Chase (revised) Freeton Preston Place 04/08/92 Back Creek 05/27/92 Stonewall 06/08/92 Opequon 10/23/92 Shawnee (12) PMDP Administ. Approved dates are admin. approval dates None 3 (13) Board of Zoning Appeals Applications Pending•(submit dates) James Jordan 09/25/92 Shaw 5.2' carport David Jenkins 10/12/92 Gain 978' width to depth ratio Michael Linster 10/21/92 Ston 2.4' side/ 8" front -existing house Salem Church 10/21/92 Opeq 20' fellowship hall (14) BZA Applications Approved• (approval dates) Ray Morrision 10/20/92 Shaw 5' attached garage (15)_BZA Applications Denied• None (16) PLANS RECD. FOR REVIEW FROM CITY OF WINCHESTER None E. PLANNING AND DEVELOPMENT - ACTIVITY REPORT #19 1. House Numbering/911 System Continued update of House Numbering Project through use of ACAD11, dBase IV and general inquiry. Bob Watkins, Kris Tierney, Mark Lemasters, and Evan Wyatt met with John Warwick of Overman & Associates to discuss the history of problems with the house numbering project. 2. Corridor Appearance/Stephens City Planninq Bob Watkins and Ron Lilley attended the Lord Fairfax Planning District Local Planners Network. Planning in Stephens City and corridor appearance issues were discussed. 3. Capital Improvements Plan Lanny Bise has begun data collection for the upcoming CIP process. 4. Site Plan Reviews Evan Wyatt conducted the following site plan reviews: On October 5, met with Steven Gyurisin to conduct a preliminary review of a site along Route 647 (Aylor Road). On October 6, provided final site plan approval for Hershey Pasta (Phase II). This site plan was for the proposed Miller Milling project. On October 7, met with representatives of Delta Associates to finalize requirements for the relocation of Route 728 (Victory Lane). On October 9, provided final site plan approval for the Winchester Regional Airport Authority to allow the relocation of a portion of Route 728 (Victory Lane) and widening of the intersection with Route 645 (Airport Road). 5. Joint Frederick County/Stephens City Planning Committee Lanny Bise prepared maps for the Joint Frederick County/Stephens City Planning Committee. 6. Violations Lanny Bise inspected several zoning violation complaints. 7. Alternative Wastewater Treatment Study Lanny Bise prepared maps for the Rural Community Center Alternative Wastewater Treatment Systems Committee meeting. Kris and Lanny attended the RCC Alternative Wastewater Systems Committee meeting held on October 13, 1992. The Committee discussed the results of the sanitary survey. 8. Top of Virginia Home Builders Bob Watkins addressed the Top of Virginia Home Builders Association on current work in the Planning Department. P/C Review Date: 11/04/92 SUBDIVISION APPLICATION #010-92 JACOB MORELAND LOCATION: On the east side of Route 522 South, 850 ft. south of Route 776 MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 64B000A0000870 PROPERTY ZONING & PRESENT USE• Zoned R -P (Residential Performance) land use - residential and business ADJOINING PROPERTY ZONING & PRESENT USE• Performance) - land use - residential PROPOSED USE: 2 lots - single family REVIEW EVALUATIONS: Zoned R -P (Residential Virginia Dept. of Transportation: No objection to subdivision of this property. Entrances will have to be constructed to VDOT minimum standards to allow for safe egress and ingress of the property. Fire Marshal: Approved by the Fire Marshals office County Engineer: No comments at this time. Sanitation Authorit : 2nd review - approved Planning & Zoning• This proposed two lot subdivision is for the Moreland property on Route 522 south where the Moreland Stop & Shop Grocery is located. The existing business is a N legal nonconforming business since it existed prior to the Zoning Ordinance. This proposed division complies with the requirements of the Zoning and Subdivision Ordinances. The two existing sheds that are located along the front southern boundary are part of a ground water monitoring facility and are to be removed when that project is complete (see attached letter from Scott Recker, Project Manager for Delta Environmental Consultants, Inc. dated March 9, 1992). Also, a variance for the temporary building was obtained by the applicants son-in-law for this temporary facility. STAFF RECOMMENDATIONS FOR 11/04/92 PC MTG. Approval. CIt Environmental Consultants, Inc. March 9, 1992 Frederick County Z„nina Administrator 9 North Loudoun St. Winchester, Virginia _2601 Attention: Mr. Wayne Miller Subject: Proposed Ground Water Tre4tment Svstem Moreland's Stop and Shop LJ. Wright and Sons Winchester, VA Delta Project No. 50-$5-63G Dear -'YL-. Miller: warmel ;Pc -cd a- or: , IVC 2Q -G=„-3901 t-980 This letter is to inform you that the recovery and treatment systera building at the above referenced location is a temporar: stn:cture. When the cleanup of soil and mound water is complete the building will be removed and the landscape returned to its oriTinal conditions. If you have any que tions please do not hesitate to contact me at (704) 541-9590. Sincereiv DELTA ENVIRON�NTAL CONSULTANTS, INC. Scott Recker � �/,� Project Manager -� S: �R/khd cc: Mr. James Roy Goode, Sr. Mr. Rob �Vrght, LJ. Wright & Sons 1HE APPLICATION AND CHECKLIST SUBDIVISION FREDERICK COUNTY VIRGINIA Date: Application # Applicant/Agent: L. Allen Ebert, Land Surveyor Address: 35 W. Boscawen St. t,,,'inchester VA 22601 703 667 3233 Phone: Owners name: Jacob F. & Beverly S Morelan Address: Rt. 1 Box 169 Winchester VA 22601 Fee Paid Phone: 703 662 9445 Please list names of all owners, principals and /or majoritl- stockholders: Jacob F. Moreland Beverly S. Moreland Contact Person: Ray Goode Phone: 703 662 9445 Name of Subdivision: Number of Lots 2 Total Acreage 55,931 Sq. Ft. Property Location:East side U. S. Rt. 522, 850 ft. South of Va. Rt. 776 (Give State Rt.M, distance and direction from intersection) Magisterial District Tax ID Number (GPIN) Property zoning and present use: Zoned RP Use: single-family residential & business Adjoining property zoning and use: Zoned: RP Use: single-familv residential Has a Master Development Plan been submitted for this project? Yes No Y If yes, has the final MDP been approved by the Board of Supervisors? Yes No What was the MDP title? Does the plat contain any changes from the approved MDP? Yes No If yes, specify what changes: Minimum Lot Size (smallest lot) 26,775 Sq. Ft. Number and types of housing units in this development: Number 2 Types single-family residential 1114JOR S UBDI VISION PL A T: PAGE OF 3 ,JACOB F. MORELAND 8 BE VERL Y S. MOREL A ND U.S. ROUTE 522 SHA WNEE DIS TRIC T FREDERICK COUNTY TAX MAP NO. VIRGINIA 64B A 87 4 JUNE 1992 ZONED RF rV13 en Carper V.11'y Ge U64,5_ VI 'SITE =000'Winchoier 200 Municipal i v APPROVALS: VrRGff,qA DEPARTMENT OF TRANSPORTATION z DATE FREDERICK COUNTY SANITATION AUTHORITY DATE Yo FREDERICK COUNTY SUBDIVISION ADMINISTRATOR DATE FREDERICK COUNTY PLANNING COMMISSION DATE FREDERICK COLIN FY BOARD OF SUPERVISORS DATE OWNER' CERTIFICATE: TMS DIVISION, AS IT APFEARS ON THIS PLAT, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNER, PROPRIETOR OR TRUSTEE. SURVEYOR'S CERTIFICATE: THIS IS TO CERTIFY THAT THE LAND IN THIS SUBDIVISION IS ALL OF THE LAND CONVEYED TO JACOB F. MORELAND AND BEVERLY S. MORELAND BY DEED DATED 12 SEPTEMBER 1978 IN DEED BOOK 498, PAGE 158. �Ilt V, /1- L. ALLEN EBERT PROFESSIONAL LAND SURVEYOR 35 W. BOSCAWEN ST. (I 1(:VN')E) No. WINCHESTER, VA. 22601-4740 1/198 703 667 3233 Q Tj RI 6 W? U U I•- = 40' 80 120 0 40 w OD W O > DOS 0) J N 00 a - n n W wN O z z x m Y� O ro m In U.S. ROUTE 522 S07'14'00"W-190.00' PAGE 2 OF 3 MORELAND DIVISION 0- IRON PIN (FOUND) 0 -IRON PIN (SET) 150.00' R.R. SPIKE (SET)--'' 40.00' NOTE: SIDE YARD VARIANCE - ` I APPROVED 21 APRIL 1992 BZA - 002 - 92 1,; J8 w J r w J � (7 � _Z In d � w r__ J Il- -i N LJ co m PT. BEG. 35'6. R. L. 35'8. R. L. r-------- ------------� r---� EXISTING I I I , I GDI I BUILDING I I Ql , - I I I j I SHED I I LOT)I I I I I I I 290156 SO. FT. SHED Cil 01 I m �I I I C.0, I GD I EXISTING SANITARY I 1 0 0 I I I SEWER I N I LATERAL I O JI JI� ---- 1 -- --25' B. R. L.-- - - --- -- - --1-J GO , dl m, ml O z OI 0I 1 o I l th N07'14'00"E-15000' I0 I I GO 13 I I Z I N O I I I I 35' B. R. L. I I - -- ----- -� - ---LOT m 2 z m 26, 775 SO. FT. I'z � ip - - - - - 25' B. R. L. HI n � I N 07014' 00" E - 190.00' 1 (,16.7 9 ) POST CLINTON D. LEWIS b M.H. 0 EXISTING AGNES J. LEWIS SANITARY SEWER EASEMENT ` I - - - - D.B. 340 - P. 671 - - � NOTE: SIDE YARD VARIANCE - ` I APPROVED 21 APRIL 1992 BZA - 002 - 92 1,; J8 w J r w J � (7 � _Z In d � w r__ J Il- -i N LJ co m PT. BEG. PAGE 3 OF 3 MORELAND DIVISION The accompanying Flat represents a Division Survey of the Land conveyed to Jacob F. Moreland and Beverly S. Moreland by Deed dated 1.2 September 1978 in Deed Book 498, Fade 158. Th_. said improved Land fronts the Eastern Boundary Line of U. S. Route 522, and lies in Shawnee District., Frederick CoUnty, Virginia: Beginning at an iron pin (found) in the Eastern Line of U. S. Route 522, a corner to the Pingley Land; thence with the said Line, S 07' 14' 00" W 190.00 ft, to an iron pin (found), a corner to the Godlove Land; thence with the ttotthern Line of the said Land, S 83' 03' 00" F 294.3P f.t.. to a post in the Western Line of the Lewis Land; thence with the said Line, N 07` 14' 00" E 190.00 ft to an ttou pin (set), a corner to the said Pingley Land then'_e with the Snuth«:rn Line of the said Land, 11 83' 03' 00" W 294. =R ft . to the beginning. Containing: LOT 1: 29,156 Sq. Ft. LOT 2: 26,775 Sg, lrt.. t`i l.i„r� lid �i TOTAL: 55,93.1 Sq. Ft. Surveyed: 4 June 199; r.jr L BERT .(./l1fc� (-9 (LICE i';F) No. 14 93 P/C Review Date: 11/04/92 CONDITIONAL USE PERMIT #013-92 INDEPENDENT ORDER OF ODD FELLOWS Odd Fellows Lodge and Community Park LOCATION: $n the north side of Middle Road approximately one mile from U.S. Route 11 just across the Winchester City line. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER 63*0q)®A49944®4D PROPERTY Z®NING & PRESENT USE: Zoned RA (Rural Areas), land use - residential. The 0.159 acre portion in the eastern corner of this tract is in the City of Winchester and is zoned Low Density Residential (LR). ADJOINING PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas), land use - residential and agricultural. Low Density Residential zoning in City of Winchester along the front. PROPOSED USE: Lodge Hall and Community Park REVIEW EVALUATIONS: Virginia Department of Transportation: No comment. Access to property is from a portion of Middle Road which lies within the City of Winchester. Fire Marshal: Fire lanes will be required in accordance with Frederick County Chapter 10. For construction of this magnitude fire and rescue resources could be impacted. In order to evaluate compliance with existing fire safety codes, I cannot approve any construction without a site plan. I have no problem with approving this as a CUP if that meets zoning guidelines, but must have a site plan prior to approval of construction. All additional fire/rescue comments will be made on site plan. Page 2 Loyal Order of Odd Fellows Inspections Department: . Building shall comply with the Virginia Uniform Statewide Building Code and Section 302, Use Group A (Assembly) of .the BOCA National Building Code/1990. Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities. All building plans shall require an A/E seal licensed in the State. Health Department: I am not aware of any reason to object to proposal as long as no construction takes place within 20' of drainfield area and all other statutory requirements are met. City of Winchester: See attached letter from City of Winchester Planning Director dated October 8, 1992. Planning Department: The major portion of this 13.583 tract of land is in Frederick County and is zoned Rural Area (RA). The Zoning Ordinance permit4 nationally chartered fraternal lodges or civic clubs, social, centers, and their related facilities as a conditional use. Outdoor recreation, athletic, or park facilities are also permitted as a conditional use in the RA zoning district. This application is proposing the construction of a lodge facility and a picnic shelter for the Independent Order of Odd Fellows and to establish a Community Park. The applicants further state that they wish to work with the County Parks and Recreation Dept. to establish Little League ball fields, soccer fields, and picnic areas to serve the needs of residents of Frederick County. All of these uses would fit into the authorized conditional use categories. It is important to note that we are not aware of any committment on the part of Frederick County to actively participate in the development of this property. The applicant has advised that they intend to deed the 0.159 acre portion of this tract that is in Winchester to an adjoining property owner. That will remove the portion of the tract that is zoned in the City where the proposed activity would not be permitted. The 60 foot right of way from Middle Road into this property is also in the City of Winchester. They have advised that this right of way will need to have a street constructed to their standards and dedicated to the City. The County would support that request. A site plan that adequately addresses storm water management, traffic patterns, buffers and screening, and facility locations should be required. This should be coordinated with the City -of Winchester to insure compatibility with adjoining uses and to insure all concerns are addressed. Page 3 Loyal Order of Odd Fellows Considering the magnitude of the proposed development of this tract and the possible intensity of the use, we believe it would be in the best interest of the applicants to consider utilizing public water from the City. If early determination of projected requirements indicate the need for public sewer and water, installation in conjunction with site development would probably be cost effective. Public sewer is not readily available although it has been extended to Westridge Subdivision which is just "up the road". A pump station would probably be required if sewer were extended to this area because of the existing terrain features. STAFF RECOMMENDATIONS FOR NOVEMBER 4 1992 PC MEETING: Approval with the following conditions: 1. A site plan be prepared and approved by the County prior to site development. 2. All review agency comments be complied with, including the City of Winchester requirements pertaining to construction and dedication of the access street. 3. l)j'a- (0✓v`/<�,UI� wik� S IrraV\ne5�1'15. CITY OF WINCHESTER, VIRGINIA MC;T,'ORANDUM 1"7avre Filler, Zcnilncr 'AAT.irdst-a-4r. F'rEderick Co :may T- tet,- V t�--.=:r. u�,c«�,r c..�.._ --s P � ..r�r.ina Di �fitc.r Cit'�,r cf r,,- i-.estp-r- PF- Odd r ellcws Ccm_diticnal TTse Terni it DATE: Catcher 8, 1.00; _. CCO Rouss City Hall -" 15 North Cameron Street Winchester, VA 22601 703-667-1815 T have ZC-7Ti ewed the T'ecq est fvir C. r'. P. C:� : cments er-tai-ni nC to the Trccrendent order of Odd Fellr'ws CcmTI-',r-ity P re' e_�r � a a�k Tec;yed c _e.Dte.*r��: � , 1 9. 2 My urderstar_dina is that trlis is primarily a Drivate fraternal lodge `aril itv which qualifies as a C`r:^i}_(,nal Use urdrr the Ccunty ; _ ons �g Ordinance. The application indica -es 12 zronina, Gut T asSta-e th= Dr Tisl.cn is Mlle ScS"F' .es that fcr the RA dic+^ —'Ct. As _j7 rt:ted to -7cu cyrr e r. - _ _ - and .fiGne aS' 6JeeU , T T l�. li :Q_ es ana �iarl7s arc not :C1UdEC1 a1rUnQ `^a PEttcG" Cr conditional LiseS -- t l� Cit'•; _ Taw > ensit'r Kesidertia1 (T?) D', t..rict whi -5,y c s*~ e zcr. T 1G o tr_c C. acre Porticr_ o- ti:is site. `�r. ochI'ston's office. provided =, copy cf -the Plat that was heina refercnCC-C 1T1 nI:G'I:e diSCLlsainric withBrenda renda from. his office. The WI11Cf' ? S-CCrG^..:n C_-ecords Irl nccyk 236 at mare 226 in 19RG, apparent-_repres:_n+c.G tRe assa,,l,l ir_cr cI= a ?Cly , ". 60' tr•=Ct ^f land -r.^It ^4 cr/,'_,^.:Cie Rcad Lr_ t_E' City Witt 'ti,_ lancer laI`:d1lCCk-e' Parcel of is iC predcrtinantfly in the Ccunty. The aiaDliCat_on lists the 60 -feat wide stE:-, as an "ad-iacent" TJrCT_e_rt?T fPrvPprLv TTS? 1RR- -4P1� -the 1989 1-'L- was c!�ct r P• a �. +7a... apPare:^Lly never apprGv� i%'v 'C1;c 4-1'iSI��:' Admnistrat.ror nor Citi% 1!'F?-ac.rer, '�-C•L•ld have heeni r`*7Uirsd in Order to Create a nel,. dividincT ]_ir_e, we feei�t',at the 19R Flat sti.�l In effect. ?'ills rp:,,n Cr. GtierUs i.^^_ +.he spp,i _cant's favor since he 1cP2 plat basica'_ l v Cr antel-7 to the Cita and the Ccunty a reser Ic =ion of fUL�jr pU}JliC st=reet runt -of -wad. (nCJt Lc beCate ?part O' a 1,uLL2inG lot; i,-E'r the 6('-f^Ct tract of lean(]. Fv cc'rsl_ri. CtiP_CT Lilo Ic:cal street- and 6C_d34Cat411(_ ^t least tiE ]_gq. 3 retic cf r gnt-c=--vn,, Closest 'Cc, M ddle Pcac, the applica ._- could that C 181 iT' ' ! Mntage f cr the lC('Ge i l = _�,� � � c -� r i r ' } ; ` (' ,� Mac �� rtir�l�. �;i "h�� - c.ar•-t�_r T -.71 -..ere the use can he Can T1 D Unless 4t:17ieLw:ise varix c, the p'i lic street would neea w 1-neet the 'cciC-CfcrJ i "Ictal" st.,:€'_et. standards 1t-. the Among quer t1hinas, this ri3cmire_s a 3F--TC{'t wide sT_r&et wit1hi= aL least a 50-fCct 7^71-jE' riu t n -F way. 'Note: e`_. stincr w1Cth is 60 F- ' .) nat -Tre-r - curh ane_` cutter, st r , Crm tLn` r c'.Ga, ai:u tcalk`��°ut: st3r:CgarOs =r,',ii'_' _ 1-1 = den1C' t 1 ? t^ -j r_ rt- �ii2 -For the stree-- _ec, ent---- . ;� _ fcr engi: Eerit'.r. l� __.. _ T. Ccurci- i c;_ � aDDr�ve. �Taric'ions GT the -sureet- width s-, 3nCar-_s Upc.•il 1cCc—a3CeI do =iron of L_"le Director THE APPLE CAPITAL" •?air x.;11 er. Cctct,er 91 199 pace c:= Pthlic 4cr'-s. Tl -ie minim -, -FCr u e City c n re^eive State maintGnarce furdirc is 30 fe-et. Since there are ncit an" nEw lets cr divlClnQ lines created rassum..ing the ap13lic_a nt works frmm are 10P pint} , there -aculd net �-e a fer_ral sUcdivision arplicaticn. '_r'ilerefcre, an alternatiWe T.%culd need to he used for dcCicatinc the ij-c,, �roT_;-F_r `trF:e-t- tG the Ci tty. This cculd Qr,-behl'_i be handled L rouCh a c:Ped of d&-fication f _ Ci tv Ccunc11 apprcval . My underst .2_dL_Q -r,--r tall!-:inc Gv1t 7 wari-c s r=X'rE_sFnta'f _v—!z of t! -!P, T,= 11 i c that the` do rict i i tared }% make use of C1+` water or sewer 5. f s z.s1 C on aaa. (aes, tre�r • cu_d need c„ consult- •r _> t: e ptut^11C I;t111tleC PircCtcr alit" design 'u .t' utilltiss wi.rn the s':i2ei exLeI sior. T have already rcCeived ore cciriplaint from an ad'acen- property r.—carding drainage. Stc=vdater manaCE:tr_-Tnt should be C 1"e1U1ly designed Cr.re�.C.er;-ial orcPert i eS. �t u2iZPa ` Ina` ^= j C1icai � 'f 3' _I?C1UG• al''_ c� i__':e i?i�'�` =ai"c 'rid- acen t .ror�-e '--i'Es _rder the -; �i aCc"iC- 7�-rCertv t4i- rs 1 -Cr public i e: rLn rct._fic t-' --. '"Ty suC:G;=sticn wcul:% he to send a nct' ricaticln to the C4emer 2P5-0 Mil-lr:l _ FCad as a c'curtesv since 'rini3 orcrerty .is siitaated' di - c -iv across the 60-_ 'Gt stE:m the Cniv mean, of aC^e .� tG a. -d c"rcP `h1- SlLc. rn' llie tii' s1 -c is rii.r er:L"ii vasa -n -C ?t CC�1iC Cep 1 pl—.7 -L- i� n n ;^.i, --i- T,. be - _ -'2_� with _ ._ rIi? iV C .:cs which Ctti�l r_ Stab-=Ct _ C ic=-_`ic' anC lt�a,-ijj 4-C f; �:i-iey St c h=`CO Gr �i U. nCCC=r ac L1 - _ ac_ a _ �. is C i-•a..d c::5 '..�"�=a,hl __ s �s ci? `�-, eral l , tr C'<"i?" til 1 " ra _ k" wcul. c 'eT_r ,C be Ct i Ua'_1 L = %4' i -1 tie 1CW resj-dert_ia_ - r L-cr a'_.. 1a:indus? -in `._.r_ area c- un_ City. i�rC cr to ha?'n6l_ ri,rc-T, cu rer aCtiv�_:-- arias aI_C %.ra -`- i C: Shculc E�:ri`•� -L:-. the -..;,C_. ^ r'1-,` T-_�;r.l'� _ sty ��'r' I;Med Caticn cpt_I= a T_-tiears cf=-_ 1 le �St � ._ rr{ car t_ 'or al! cr:li:C" _ _ _ , aper _._�'.�.- SA, . _ WCU Ithe i,'.......- iC' :. �:i r>t_;C s�,_��_ Cr{-c��--- --�-- - '=--�— �s =.. O^1v n11 -ac -C .c , t11e t_rE Cl�`�`a T3 Cr - iCC, _._ cai-M._ = ^ m` _ 3a -r, 1 ci: ` i s t'_C "C; Ica' -E. = r, -r_ -inr a- !^_ C, ri.^ =r=n .- - j --,T 7.7,'1 ' i,.c i"`.r ,-..7 acre. rif'-L =' .- "-r_'+..1',: r' 7'•T'_. _._ Li_._ _T. '1+� . _ l.':''.V S%C�• _. 51_yr ic`-r.f-iii. :_}?.^ . _ �c ' - _ -. - i i'c._,-i : - _.= r t'i' • •T I Curr =i'_' L._`::?r� c=r_ . T c -u L 7r - ,1 ccs, ifY Submittal Deadline 09/10;'92 P/C Meeting 10/07; 92 BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (The applicant if the owner X other) NAME: Independent Order of Odd Fellows purchaser under contract of purchase. ADDRESS: 105 Glendale Circle, Winchester, Virginia 22602 TELEPHONE ( 703) 662-6112 2. Please list all owners, occupants, or parties in interest of the property: ler H. Koonce, iI and Brenda S. Koonce, husband and wife. 3. The property is located at: (please give exact directions) North side of Middle Road (Va. Route 628) approximately one mile from U.S. Route #11, just across City line in Frederick County, Virginia. 4. The property has a road frontage of 194.43 feet and a depth of 7 41 feet and consists of 13.583 acres. (Please be exact) (see attached survey) 5. The property is owned by Soya ler H. Koonce II and Brenda S. Koonce as evidenced by deed from Elizabeth Bland Campbell -Dellinger & Lawrencrecorded L. Dellinger and Carol Tucker Campbell Ard (previous owner) & Auburn D. Ard. in deed book no. 545 on page 590 , registry of the County of Frederick. (also in deed book no. 173 on page 268, registry of the City of 6. 14 -Digit Property Identification No. 63000 -A -0000-004D Winchester.) Magisterial District Back Creek Current Zoning ej 2 a,,ricultural 7. Adjoining Property: USE ZONING North a,ricultural / residential Af- 0. East agricultural residential South 1�r P 'dent�ai 1 LR- (single-family dwellings) West fir' 1 __iral /,_residential � 2a page -2- CUP Application: August, 1990 8. The type of use proposed is (consult with the Planning Dept. before completing) Odd Fellows_ Community Park 9. It is -proposed that the following buildings will be constructed: pre-engineered steel building covered by 26 gauge colored alvanized steel roof and siding. one (1) picnic shelter 12'x12' concrete slab 4" thick with four (4) 6"x6" pressure treated posts with double 2"x12" beams. (see attached general conditions and plans) 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and =ear 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. N, 124E Walter D. Gruff Address 2869 Middle Road, Winchester, Va. 22601 Property IDS 3000-A-0000-0005 ounty 288-01--3- (City) Glaize Developments, Inc. Address P.O. Box 2598, Winchester, Va. 2260! Property IDY-0' 63000-A-0000-0003 Edward J. Riordan Address 1396 Meadow Lane, Winchester, Va. 22001 Property IDm 63000-3-0001-0006 Lisa A. Fowler Address Route 1, Box 40-A, Winchester, Va. 22601 Property IDO 63000-5-0001-0007 � yvillie McLaurin, Jr. Address 1398 Mt. View Lane, Winchester, Va. 22601 Property ID;r 63000-5-0001-0008 Steven W. Newlin Address 2843 Middle Road, Winchester, Va. 22601 Property IDS` 289-01---15- (City) NAME Steven F. Evans Address 2857 Middle Road, Winchester, Va. 22601 Property IDT 288-02--1- (City) Paul E. Brown Address 2855 Middle Road, Winchester, Va. 22601 Property IDT 288-02--2- (City) Carrington S. Cobbs Address 2853 `diddle Road, Winchester, Va. 22601 Property I D#1 288-02--3- (City) Charles E. Jeter Address 2851 :Middle Road, Winchester, Va. 22601 Property IDT 288-02--4A- (City) Swaoler H. Koonce Address 275; Clay Hill Drive, Winchester, Va. 22601 Property ID T 288-02--4B- (City) Arthur G. Fishel Address 2849 diddle Road, Winchester, Va. 22601 —7 Property IDT 289--05--5A- (City) Robert E. Wheeler, Jr. Address 284; diddle Road, Winchester, Va. 22601 Property IDT 289-05--6- (City) William L. Pinkerton Address 2845 diddle Road, Winchester, Va. 22601 Property ID T 289-05--7- (City) Address Property IDT Address Property IDT Address Property IDT Address Property IDm 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. page -4- CUP Application August, 1990 12. Additional comments, if any: We feel this Communitv Park will be an asset to the surrounding area. Hopefully, working with the County Parks and Recreation, we can establish little league ball fields, soccer fields, and picnic areas to accommodate the needs of the residents in rrederick County without having to worry about alcohol and drugs. Incidents related to alcohol and drugs will not be tolerated on this property. 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 lea_ seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' pubj"ic iheas-i,ng. Signature of Applicant Signature of Owner Owners' Mailing Address . (703) 667--4644 Lh�.al�onr III, Esq.(Counsel or app z)wa-gier . roorice, li 3237 Vr ley Avenue, Winchester, Virginia 22601 Owners' Telephone No. ( 703) 662-6565 nt) 63 ZA i 20 28 ZK / /�r Rt j22 i t o22 1' ' L6 %0 2F zS ZG /• / ,, /, / /; Zw5 to 4D C I T7 AP— f WINCHESTER 14 LLI KERNSrOwM C4 9 r94TJ 40 a_ � , KSERr 63s\_�\ s I1O IIS ; aOa r 58 '�► Qr 'z• 74 S9 37'/ / ~h�! r / 4r 5�z 87 i A B K -.—.S PSSUCIPTED 703 F • 5570 r, PIS 7 6 CL Y HILL FARM S CTI ON i a LOT 7 LOT 8 0 v �J z Z Z C O 0 � a O d 0 O M \ v F rr) r z co LJ L 0 2 a w ►- �- w V+ z � w Q z � u 'z .3 s, Zn 0 3 V' N rA N 60° 14'25" E — 653:40' 13.583 ACRES V Z F.OS N Y x � p a - � W co. m Q N00tV cp 'n In �? N w'= ul N Uj N �� Ing In to moa 0�7 �D V) IRON PIN jt r �(R N PIN (FOU D) �1 QI (F) 2 3 _ 4 _I 5 6 7 N 29 5'35 W N z 3 S 2914 '35-E :j a CLAY HILL 94.38 PT. BE (3. �t SECTION I z co PT. IRON PIN (FOUND) 560'50"L W IRON PIN (FUND) Q .OU N1 I D D LE ROAD VA. ROUTE 628 0 L E� ELERT APPROVED WINCH ESTER - FREDERICK CO. HEALTH DEPT FREDERICK COUNTY COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703/678-0682 MEMORANDUM TO: Frederick County Planning Commission FROM: Evan A. Wyatt, Planner II RE: Restaurants In B-1 (Neighborhood Business) Zoning District DATE: October 21, 1992 Included in your agenda package is information regarding the amendments to Articles III (Supplementary Use Regulations) and Article IX (Neighborhood Business District) of Chapter 21, Zoning Ordinance, of the Frederick County Code. These amendments were discussed by the Development Review and Regulations Subcommittee (DRRS) on September 10, 1992 and by the Frederick County Planning Commission on October 7, 1992. The DRRS recommended approval of this amendment with the understanding that this use would pertain to restaurants that are part of a shopping center that serve food on premise or on a carry out basis, and do not include nightclub activities. The Standard Industrial Classification Manual (SIC) distinguishes between restaurant and nightclub uses. The amendment to Article IX contains the appropriate SIC Code for restaurant use. The amendment to Article III provided restrictions to this use if it is located in the B-1 (Neighborhood Business) Zoning District. Staff asks that the Frederick County Planning Commission recommend approval of the amendments to Article III and Article IX of the Frederick County Zoning Ordinance. EAW/slk 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 AMENDMENT FREDERICK COUNTY CODE ZONING ORDINANCE Planning Commission November 4 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 November 4, 1992; and, WHEREAS, the Commission held a public hearing on this ordinance amendment on November 4, 1992; and, WHEREAS, the Board of Supervisors held a public hearing on this ordinance amendment on 1992; 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 Zn IX, Business and Industrial Zoning Districts, Section 9-1-1, as described on the following attachment. 9-1-1 NEIGHBORHOOD BUSINESS DISTRICT, B-1 ALLOWED USE STANDARD INDUSTRIAL CLASSIFICATION (SIC) Restaurants 5812 This ordinance shall be in effect upon its passage. Passed this _ day of . 199-. A COPY TESTE John R. Riley, Jr. Frederick County Administrator AMENDMENT FREDERICK COUNTY ZONING ORDINANCE Approvals: PLANNING COMMISSION November 4 1992 BOARD OF SUPERVISORS AN ORDINANCE AMENDING THE FREDERICK COUNTY CODE CHAPTER 21, ZONING WHEREAS, An ordinance to amend Chapter 21, Zoning, of the Frederick County Code, Article I1I, Section 3-23, Supplementary Use Regulations, was referred to the Planning Commission on November 4, 1992; and, WHEREAS, the Planning Commission held a public hearing on this ordinance adoption on November 4, 1992; and, WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on , 199; and WHEREAS, the Frederick County Board of Supervisors finds the adoption of this ordinance 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, Article III, Section 3-23, Supplementary Use Regulations, is amended to create Article 3-23 to provide Use Regulations for restaurants in the B-1, Neighborhood Business District, as described on the following attachment. 3-23 RESTAURANTS Restaurants located in the B-1, Neighborhood Business, Zoning District shall meet the following requirements: 3-23-1 Restaurants are not permitted to have drive through window service. 3-23-2 Restaurants are only permitted to be located within a shopping center containing at least three other business units. 3-23-3 Restaurants are not permitted to exceed thirty-five (35) percent of the total floor area within a shopping center. This ordinance shall be in effect upon its passage. Passed this day of A Copy Teste John R. Riley, Jr. Frederick County Administrator i COUNTY of FREDERICK TO: FROM: RE: DATE: Department of Planning and Development 703 / 665-5651 Fax 703/678-0682 MEMORANDUM 0/1Planning Commission ` t 7 ✓�U Kris C. Tierney, Deputy Director;S Discussion of Possible Historic Preservation Methods October 23, 1992 3 L OI The staff would like to have a discussion with the Planning Commission concerning methods which the County might employ to try and preserve significant historic sites throughout the county. As most of you are aware the Caleb rezoning resulted in a great deal of discussion and negotiation over what portion of the tract should be preserved. To fill in those of you who were not on the Commission at the time of this rezoning and to refresh the memory of those who were, I will try to summarize. The Caleb rezoning involved 211 acres located just north of route 7 and east of interstate 81. The entire parcel was to some degree involved in the Third Battle of Winchester, with a central portion having contained the majority of the fighting. An application for rezoning from RA (Rural Areas) to RP (Residential Performance) was submitted in May of 1989 and was finally approved by the Board of Supervisors in May of 1990. Throughout the course of the year between the submittal of the application and the approval, there were numerous meetings between the applicant, their engineers and legal counsel, the Historic Resources Advisory Board, various preservation groups, members of the Planning Commission and Board, and the planning staff. Nearly all these meetings centered around trying to reach a compromise between what the preservationists wanted set aside and the developers interest in a profitable development. The problem the County faced was that the property was located within the Urban Development Area and was in no way "flagged" as being in any way significant. The existing RA zoning present on the parcel at the time of the application would have allowed development of five acre lots with no required open space. The developer ultimately agreed to dedicate acreage to an agreed upon public agency or private organization, to place appropriate screening and signage, to offer all of the land for sale at fair market value, to 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 -2 - delay any development of the parcel for one year, to phase the development so that the most significant portion if the property would be developed last, and to accept any fair market value offer on this portion of the property. The process described above took a full year and involved innumerable hours of staff time as well as the time of HRAB, Planning Commission and Board members. Some would argue that the process was a failure and that the site was essentially "lost". The fact of the matter is the County was caught in a very difficult position. It would have been a gamble to turn down the rezoning and hope that the developer would not put the parcel in five acre lots with no public access or land set aside. The county chose to negotiate the best deal we could under the circumstances. What the staff would like to propose is that we implement some method whereby properties that are of undisputed historical significance are somehow marked so that a potential large scale developer is put on notice that certain steps will need to be taken to protect the historic aspects of a site if it is to be developed. This would be an effort to give the county more leverage when it comes time to negotiate the terms of a rezoning or Master Development Plan. We could adopt language that sets out the items that we would expect to be addressed when planning a development on a "recognized" site. This proposal is not intended to apply to small scale development such as family divisions, small rural subdivisions or building permits. It is intended to focus on properties in and around the UDA where the scale of permitted developments could completely eliminate many historic sites. KCT/slk attachment DRAFT HISTORIC PRESERVATION PROCEDURAL CHANGE AND ADDITION TO THE FREDERICK COUNTY ZONING ORDINANCE Presently the County's Zoning Ordinance states that the impact statement prepared as part of a rezoning application should include "preservation of historic structures and sites located on the land to be rezoned". Staff would suggest that this be expanded slightly to include a discussion of the method(s) of preservation proposed. Also it would be appropriate that for certain sites more detailed information be required including information on the treatment of the historic aspects of the site. This raises the issue of a list of locally significant sites. If the county chooses to develop requirements that will apply to certain recognized sites, then perhaps we should publicize a list of such sites. In this way when a developer purchases a property, he will be on notice that the county feels the site, or some portion of it, is of some significance and that he will be expected to address the preservation of that portion of the site. The HRAB has compiled a list of roughly 150 sites with the aid of the Rural Landmarks Surveys that have recently been completed for the County. These sites are those which the HRAB feels possess some historical significance. One possibility would be for this list to become part of the Comprehensive Plan. Another approach might be to have an independent document to note the sites on our computer mapping. Either way there are a number of issues to be addressed concerning whether or not a property owner has some say in their property being placed on this list. One argument would be that if the County deems the property to be significant, it is only fair to put the owner (or future owners) on notice so that if and when they propose to rezone the property or submit a Master Development Plan they will know that they will be expected to address the historic aspects of the site. Another change that the staff is recommending is that our application process be modified so that the HRAB be a regular review agency on Rezonings, Master Development Plans and Site Plan applications that involve a historic site. This would mean that the applicant would have to solicit comments from the HRAB on his\her application and submit these comments as a part of the application package. PROPOSED ORDINANCE AMENDMENTS r9J k0 Y1 Additional language for areas to be addressed by rezoning proffers. v �J ® }/ —Pat 1''A 2-6-5.8.18 Proposed methods) of p42reservation of historic structures and sites located on the land to be rezoned. Proposed addition of section pertaining to recognized historically significant sites. Historically significant Sites or Structures. The intent of this section is to insure that private restrictions are established in order to protect and preserve historically significant sites and\or structures. The following requirements shall apply to all development proposals affecting land which contains a site and\or structure which has been recognized as historically significant by the Frederick County Board of Supervisors or is listed on the State or National Registers of Historic Places. A harmonious placement and coordination of uses, architectural styles, signs, and landscaping shall be provided to insure the aesthetic quality, integrity and value of the historic site. Deed restrictions, dedications, agreements, contracts, guarantees, or other means shall be instituted to insure that such coordination occurs. Buffering of noncompatible uses should be provided in such a way as to minimize distraction from, and disruption of, the historic site or structures present. Deed restrictions, dedications, agreements, contracts, guarantees or other means used to insure the above shall provide specific standards and means for enforcement. The Historic Resources Advisory Board shall review such methods and make a recommendation as to whether they accomplish the intentions of this section. The Historic Resources Advisory Board shall not control particular designs, styles or methods used as long as the requirements of this Chapter have been met.