HomeMy WebLinkAbout03-02 Hazel Lambert - Shawnee - Backfilei
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REZONING TRACKING SHEET
Date
Application received/file opened
Reference manual updated/number assigned
1/ D-base updated
R LC/File given to office manager to update Application Action Summary
Four sets of adjoi;ier labels ordered from data processing
/ B£uv la CQroh maO
ordered from Mapping & Graphics
P r
PC public hearing date ACTION: y P (.lunme
BOS public hearing date ACTION: APPROVM,
Signed copy of resolution for amendment of ordinance, with conditions
proffered, received from County Administrator's office and placed in
Proffers Notebook (Note: If rezoning has no proffers, resolution goes in
Amendments Without Proffers notebook)
�Z - 17=n2. , Action letter mailed to applicant
Reference manual and D-base updated
mile given to office manager to update Application Action Summary (final
action)
File given to Mapping & Graphics to update zoning map
0-1 -.1'7—OZ 6 Zoning map amended
Other notes:
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COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 665-6395
July 17, 2002
Greenway Engineering
Mr. Mark D. Smith
151 Windy Hill Lane
Winchester, VA 22602
RE: REZONING 403-02 FOR HAZEL C. LAMBERT
Dear Mark:
The Frederick County Board of Supervisors approved the above -referenced application to rezone
.729 acres from RP (Residential Performance) to B2 (Business General) District at their meeting on
July 10, 2002. This property is located at the southwestern corner of the intersection of Senseny
Road (Rt. 657) and Greenwood Road (Rt. 656), and is identified with Property Identification
Numbers 65A-7-8 and 65A-7-9 in the Shawnee Magisterial District.
The proffers that were approved as a part of this rezoning application are unique to this property and
are binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your
records.
Please do not hesitate to contact this office if you have any questions regarding the approval of this
rezoning application.
Sincerely,
?�/
Jeremy F. Camp
Planner II
JFC\ch
cc: Harrington Smith, Shawnee District Supervisor*
Jane Anderson, Real Estate*
Hazel C. Lambert, 223 Rossum Lane, Winchester, VA 22602
em: William Rosenberry and Mr. Robert Morris, Shawnee District Planning Commissioners*
(* - without proffers)
107 North Kent Street s Winchester, Virginia 22601-5000
0 •
REZONING APPLICATION #03-02
HAZEL LAMBERT
Staff Report for the Board of Supervisors
Prepared: May 22, 2002 Updated: June 25, 2002
This report is prepm-ed by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in staking a decision on this
application. It may also be useful to others interested in this zoning matter.
Reviewed Action
Planning Commission: 06/05/02 Recommended Approval
Board of Supervisors: 07/10/02 Pending
PROPOSAL: To rezone .729 acres from RP (Residential Performance) to B2 (Business General)
District.
LOCATION: This property is located at the southwestern corner of the intersection of Senseny Road
(Route 657) and Greenwood Road (Route 656).
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBERS: 65A-7-8 & 65A-7-9
PROPERTY ZONING & PRESENT USE:
Zoned: RP (Residential Performance) District Land Use: Single Family Residential
ADJOINING PROPERTY ZONING & PRESENT USE:
North: Zoned B2 (Business General) & RA (Rural Areas) Districts Uses: Commercial
South:
Zoned RP (Residential Performance) District
Use:
Residential
East:
Zoned RP (Residential Performance) District
Use:
Residential
West:
Zoned RP (Residential Performance) District
Uses:
Residential
PROPOSED USE: Business General
0 •
REZ 903-02, Hazel Lambert
Page 2
June 25, 2002
REVIEW EVALUATIONS:
Virginia Dent of Transportation: The application to rezone this property appears to have a
measurable impact on Route 656, Greenwood Road, and Route 657, Senseny Road, the VDOT facility
which would provide access to the property. Before development, this office will require a complete set
of construction plans detailing entrance designs, drainage features, and traffic flow data from the ITE
Trip Generation Manual Sixth Edition, for review. VDOT reserves the right to comment on all right-of-
way needs, including right-of-way dedications, traffic signalization, and off -site roadway improvements
and drainage. Any work performed on the State's right-of-way must be covered tinder a land use permit.
This permit is issued by this office and requires an inspection fee and surety bond coverage.
Fire Marshal: fire Department access and fire lanes shall be identified during the site plan process.
Extension of municipal water supplies for firefighting will be required. Plan approval recommended.
Greenwood Volunteer Fire & Rescue: The height of the buildings may need to be known. No hydrant
locations shown. And what will the building usage be? This will make a difference on our response.
Sanitation Authority: No comment.
County Engineer: We do not have any comments concerning the proposed rezoning.
Parks & Recreation: This rezoning request provides the opportunity for the developer to support the
County Comprehensive Plan by including a right-of-way for the planned Bikeway along Senseny Road.
(as revised 11ay 21, 2002)
Building Official: No comment required at this time. Shall comment at the time of site plan review of
new structures. Please note that a demolition permit issued and an asbestos inspection performed prior
to the removal of any structures located on commercially developed property.
Historic Resources Advisory Board: Upon review of the Hazel Lambert property rezoning, it appears
that the proposal does not significantly impact historic properties. I-IRAB comment is not needed.
County Attorney: Proffers appear to be in proper form once signature of owner accomplished.
Planning & Zoning:
1) Site History
The original Frederick County Zoning Map (U.S.G.S. Stephenson, VA. - W.VA. Quadrangle)
depicts the zoning of the land, where the two subject parcels exist today, as R-2 (Residential,
Limited) District. The R-2 (Residential, Limited) District zoning classification was modified to
RP (Residential Performance) on September 28, 1983, when the R-1, R-2, R-3, and R-6 Zoning
Districts were merged into the RP (Residential Performance) Zoning District.
REZ 403-02, Hazel Lambert
Page 3
June 25, 2002
2) Location
The two parcels of this rezoning consist of .729 acres, or approximately 31,755 square feet. The
parcels are located in the Shawnee Magisterial District at the corner of Senseny Road (Route
657) and Greenwood Road (Route 656). Country Park Plaza is located directly across Senseny
Road from the parcels.
3) Site Suitability
Cl) Eirviroiiirreiital Srritability:
No flood plains, lakes or ponds, wetlands, sinkholes, natural stormwater retention areas,
steep slopes, or woodlands have been identified on the site. The properties are within
the Senseny Area Watershed, as identified on page 6-3 of the Frederick County
Comprehensive Policy Plan.
b) Land Use Suitability:
Neither parcel of this rezoning is a component of a community -specific land use plan
adopted by Frederick County, nor are there any specific guidelines in the Frederick
County Comprehensive Plan regarding the Greenwood Road/Senseny Road intersection.
Therefore, potential Impacts of this rezoning should be considered carefully.
Specifically, the impacts that would be directed to the neighboring residential uses
should be effectively mitigated.
The proposal to rezone the subject property to commercial is consistent with the goals
of the Frederick County Comprehensive Policy Plan. The property is within the Urban
Development Area; it can be served by public utilities; it is within close proximity of
other retail businesses; and it is located in an accessible location near two major
collector roads.
c) Ti-ansportation Suitability:
Senseny Road (Route 657) is identified as a major collector road by the VDOT (Virginia
Department of Transportation). VDOT identifies Greenwood Road (Route 656) as a
major collector road north of the Senseny Road intersection and a minor collector road
to the south. All portions of both of these roads are components of the Frederick County
Secondary Road Improvement Plan. Improvements to all of Greenwood Road are
currently on the scheduled list for major road improvement projects from 2002/2003
through 2007/2008. Senseny Road is still on the unscheduled list for major road
improvement projects.
The 2000 Virginia Department of Transportation Daily Traffic Volumes Report
indicates that the traffic volumes for Senseny Road (Route 657) at the Greenwood
Intersection range from 5,700 AADT to 10,000 AADT. On the other hand, traffic
volumes along Greenwood Road range from 3,300 AADT to 6,100 AADT.
•
REZ 903-02, Hazel Lambert
Page 4
June 25, 2002
d) Community Facility & Service Suitability:
The two parcels are located within the county's SWSA (Sewer and Water Service Area).
Greenwood Volunteer Fire and Rescue currently services the site.
I ) Potential Impacts & Issues
CO Frederick County Bicycle Plan:
The Frederick County Comprehensive Policy Plan identifies Senseny Road (Route 657)
as a location of "Short -Term Designation" for a future bicycle lane. It is likely that this
bicycle lane will be constructed on the south side of Senseny Road because there are
better opportunities for VDOT to acquire right-of-way there. VDOT has advised staff
that approximately 10 feet of additional right-of-way will likely be needed from the two
parcels of this rezoning prior to construction of the road Improvements and bicycle
lanes. Therefore, staff strongly supports that the applicant consider designating
additional land along Senseny Road for the purpose of future road improvements and
a bicycle lane.
b) Tire & Rescue Service:
The Frederick County Capital Facilities Fiscal Impact Model projects a negative impact
to Fire & Rescue in the amount of $6,422.00. The applicant has not provided efforts to
mitigate the projected impacts.
c) Signage:
The Zoning Ordinance allows signage in the 132 Zoning District to be 35 feet tall and
either 100 or 150 square feet, depending on whether the business is a franchise or not.
Staff believes that a sign of this magnitude would have a negative visual impact on the
surrounding area. Staff encourages the applicant to consider utilizing much less
intensive signage. For example, a monument sign with a maximum of 50 square feet
would be more conducive with the surrounding residential uses. Fifty square feet is the
standard for business signs in the B I (Business, Neighborhood) Zoning District.
d) Parking:
In order to reduce the visual impact to the surrounding area, staff believes that it would
be prudent if the applicant limits all future parking on the site to the southern portion
of the two parcels.
e) Additional Landscaping:
Staff recommends more than the minimum amount of landscaping be provided on the
subject property in order to improve the visual appearance of the area and to screen
fixture business uses from existing residential uses. Particularly, additional landscaping
along Senseny Road would be beneficial.
REZ #03-02, Hazel Lambert
Page 5
June 25, 2002
5) Proffer Statement
The applicant has submitted a proffer statement which has been signed, notarized, and reviewed
by the County Attorney. The proposed proffer statement would place the following restrictions
on the parcels of this rezoning application:
Proffer A - Maximum Building Structure Square Peet.
The applicant has proffered to limit the total building structures to 10,000 square feet for
the entire .73 acres.
Staff Comment: It is unclear if this refers to the total square feet or total ground floor
area. Perhaps limiting the building to one floor, rather than restricting the square
footage, is more appropriate.
• Proffer B - Prohibited Uses.
The applicant has agreed to restrict automotive dealers, gasoline stations, fuel dealers,
golf driving ranges, miniature golf courses, and commercial batting cages operated
outdoors.
Staff Comment: Staff believes the list of prohibited uses that are proffered could be
lengthened to include other inappropriate uses.
Revision (June 7th): Since the Planning Commission meeting, the applicant has
revised this proffer by adding communication facilities and offices (SIC 48),
electric, gas and other utility facilities and offices (SIC 49), retail nurseries and lawn
and garden supply stores (SIC 526), drinking Places (SIC 5813), model home sales
offices, and adult retail uses to the list of prohibited uses.
Proffer C - Transportation.
The applicant has agreed to restrict the access to the property to only one entrance along
Greenwood Road, adjacent to the southern property line of the subject property. In
addition, the applicant agrees to dedicate right-of-way along Greenwood Road (Route
656) for future road improvements by VDOT.
Revision (June 7th): Since the Planning Commission meeting, the applicant has
revised this proffer to provide a ten -foot (10) easement along the Senseny Road
(Route 657) property frontage for the purpose of allowing the development of a
bicycle facility. The Frederick County Comprehensive Policy Plan identifies
Senseny Road as a "short term designation" for a future bicycle lane.
Proffer D - Lighting,
The applicant has agreed to shield and direct light from the subject property away from
adjoining properties.
REZ #03-02, Hazel Lambert
Page 6
June 25, 2002
Staff Comment: This proffer statement is unnecessary because the Frederick County
Zoning Ordinance presently requires developments to shield or direct light away from
adjoining properties and roads.
Proffer E - Buffering and Screening,
The applicant agrees to provide an eight -foot masonry wall along the western property
line if the Board of Zoning Appeals approves a buffer variance along this property line.
SlaffCoinment: Staffreconmrends the proposed masonry ivall and sufficient landscaping
be provided along the hest and south property lines, regardless of what the Board of
Zoning Appeals may, or may not, do in the future. It i-vould be helpful if the applicant
included an illustration of the proposed landscape screen with the proffer statement.
Proffer F - Structural Requirements (June 7th).
Since the Planning Commission meeting, the applicant has added a proffer which
would prohibit windows, sliding glass doors, and decks from the west side of the
second story of any future building.
STAFF CONCLUSIONS FOR 06/05/02 PLANNING COMMISSION MEETING:
The request to rezone .73 acres from residential to commercial at the intersection of Greenwood Road and
Senseny Road does not directly conflict with the land use goals identified in the Frederick County
Comprehensive Policy Plan. However, the rezoning application could be substantially improved to more
effectively mitigate the negative impacts that would be incurred from the rezoning of the subject property.
The applicant should be prepared to address staff's comments, as well as any comments or concerns raised
by the Planning Commission and Board of Supervisors.
PLANNING COMMISSION SUMMARY & ACTION OF 06/05/02 MEETING:
The Commission heard from one adjoining property owner, located to the west, who had concerns about
the possibility of a two-story commercial building overlooking his swimming pool and property, concerns
about commercial lighting, and lie preferred not to have a filling station, a car lot, or batting cages on the
subject property. This adjoining property owner believed there was a potential for the proposed use to
improve the appearance of the adjacent lot, if it was done properly. I Ie was in favor of the masonry wall
proposed by the applicant.
The Planning Commission discussed the potential impacts and issues that were raised by the Planning Staff
in their report and the applicant addressed the following concerns: the applicant has dedicated right-of-way
on Greenwood and Senseny Roads for fixture road improvements; although VDOT was not aware of
design plans for a bicycle path on Senseny, the applicant agreed to provide an easement of up to ten feet
in width for that purpose; the applicant has met with adjoining property owners and agrees to provide
a masonry wall to the west. It was stated that a landscape screen is proposed along the south property
0 •
RCZ #03-02, Hazel Lambert
Page 7
June 25, 2002
line, because the adjoining property owner to the south preferred a landscape screen to a masonry wall.
The applicant agreed to eliminate "adult retail" as a possible use; the applicant agreed to consider
eliminating some otherpotentially inappropriate uses; and the applicant agreed to eliminate second floor
windows from the west side of any future buildings. The applicant stated that his intentions were to
include these items in a revised proffer statement. The applicant stated that lie envisioned the future
business structure having a "residential flavor" to its appearance. He believed a two-story structure was
appropriate in this area, especially on this small -sized lot. The applicant preferred not to restrict the size
of signs or parking location in order to give the future user frill flexibility, however, he said lie would be
willing to discuss limiting the height of signs.
Regarding the traffic issue, Commission members pointed out that this will be a neighborhood business
and the use should not draw traffic from outside of the Senseny Road corridor. They noted that the
applicant is willing to work with the neighbors. It was also pointed out that two of the four corners of
this intersection already contained commercial uses; they believed the neighborhood businesses should
be concentrated, rather than spread along Senseny Road.
A motion was made to recommend approval of the rezoning with the understanding that the proffers
would be revised to include a provision for a bicycle path easement of up to ten feet in width, the
elimination of "adult retail" and possibly other potentially inappropriate uses, and the elimination of
windows from the western side of any future second floor building.
This recommendation was made by the following majority vote:
YES (TO APPROVE): Watt, Unger, Morris, Light, DeHaven, Thomas, Ours, Kriz, Fisher, Triplett,
Rosenberry
NO: Straub, Gochenour
STAFF CONCLUSIONS FOR 07/10/02 BOARD OF SUPERVISORS MEETING:
The applicant has submitted a revised proffer statement to address the concerns of staff, VDOT, and the
Planning Commission. The revised proffered statement adds to the list of inappropriate uses that will be
prohibited; provides a ten -foot (10) easement for a future bicycle lane along Senseny Road; and restricts
windows, decks, and sliding glass doors from the west side of the second floor of any future building on
the property.
The applicant should be prepared to address how the revised proffer statement (dated 6/7/02) adequately
mitigates the issues and impacts previously identified by staff during the review of this application by the
Planning Commission.
0 Wgcndas\CO\f\IGNTS\ItELONING\Slaff Rcport\2002\llazci Lambe" wpd
REZ # 03 - 02
Location Map For:
Hazel Lambert
PIN:
65A - 7 -
65A-7-
0 30 60 Feet
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GREENWAY ENGINEERING
151 Windy Hill Lane
Winchester, Virginia 22602
Founded in 1971
T R A N S M I T T A L
Project Name:
File No.:
Date:
Hazel Lambert Rezoing
3137
May 7, 2002
To: FC Planning
Attn: Eric Lawrence
Copied:
From: Mark Smith/ds
GREENWAY ENGINEERING
Phone: 540-662-4185
Fax: 540-722-9528
Remarks: C. Urgent For Your Review As You Requested C Please Comment
Message:
Eric,
Attached are the following for the above rezoning:
-Signed application re
.09 J
-Application fee check-FC Planning comment sheet -Signed Proffers
-Impact Statement
-Deed AOU
-Copy of taxes paid
-Exhibits yr
-All Agencies comment sheets
(�0 Copies U� C�la� �C�liloi�S
Thank you for your assistance, as always, and sorry for not having this submitted before the
rezoning sign went up.
Call with any concerns
Engineers Surveyors MAY 0 8 2002
Telephone 540-662-4185 FAX 540-722-9528
greenway@visuallink.com DEPT, OF PLANNING/DEVELOPMENT
AMENDMENT
Action:
PLANNING COMMISSION: June 5, 2002 - Recommended Approval
BOARD OF SUPERVISORS: July 10, 2002 ❑ APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #03-02 OF HAZEL LAMBERT
WHEREAS, Rezoning #03-02 of Hazel Lambert, was submitted by Greenway Engineering, to rezone
.73 acres from RP (Residential Performance) to B2 (Business General) District. This property is located
at the southwestern corner of the intersection of Senseny Road (Rt. 657) and Greenwood Road (Rt.
656), and is identified with Property Identification Numbers 65A-7-8 and 65A-7-9 in the Shawnee
Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this rezoning on June 5, 2002; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on July 10, 2002; and
WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be
in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive
Policy Plan;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that
Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map
to change .73 acres from RP (Residential Performance) to B2 (Business General) District as described
by the application and plat submitted, subject to the attached conditions voluntarily proffered in
writing by the applicant and the property owner.
PDRes 111 d-02
0
•
This ordinance shall be in effect on the date of adoption.
Passed this 10°i day of July, 2002 by the following recorded vote:
Richard C. Shickle, Chairman Aye Sidney A. Reyes NTv
Gina A. Forrester Nay Margaret B. Douglas Aye
W. Harrington Smith, Jr. Aye Robert M. Sager Aye
Lynda J. Tyler Nay
A COPY ATTEST
Jol Riley, Jr.
Fred -ick County Administrator
PDRes. 1114-02
O.V\gcndas\COMMENTS\REZONING\IiGSOLU N\Ilazcl Lamlxrt.wlxl
Greenway Engineering February 25, 2002 Hazel C. Lambert
Revised May 1, 2002 Rezoning
Revised June 7, 2002
HAZEL C. LAMBERT
REZONING
Tax Parcels 65A-((7))-8 and 65A-((7))-9
Shawnee Magisterial District
Preliminary Matters
Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and
the provisions of the Frederick County Zoning Ordinance with respect to conditional
zoning, the undersigned applicant hereby proffers that in the event the Board of
Supervisors of Frederick County, Virginia, shall approve Rezoning Application #03-02
for the rezoning of .73 acres from the Residential Performance (RP) zoning district to the
Business General (B2)
Development of the subject property shall be done in conformity with the terms and
conditions set forth herein, except to the extent that such terms and conditions may be
subsequently amended or revised by the applicant and such be approved by the Frederick
County Board of Supervisors in accordance with the said Code and Zoning Ordinance.
In the event that such rezoning is not granted, then these proffers shall be deemed
withdrawn and have no effect whatsoever. These proffers shall be binding upon this
applicant and their legal successors, heirs, or assigns.
The subject property, more particularly described as the lands owned by IIazel C.
Lambert being all of Tax Map Parcels 65A-((7))-8 and 65A-((7))-9 and further described
by boundary survey prepared by Greenway Engineering dated February 19, 2002 (Exhibit
A).
A.) Maximum Building Structure Square Feet
The applicant hereby proffers to limit the total building structures to 10,000 square
feet for the entire .73 acres.
B.) Prohibited Uses
The following uses shall not be permitted on the proposed rezoning:
Description Sic
Communication facilities and offices 48
Electric, gas and other utility facilities and offices 49
Retail nurseries and lawn and garden supply stores 526
Automotive Dealer and gasoline service stations 55
Drinking Places 5813
Fuel dealers 598
File 113137/NIDS/dls
i 0
Greenway Engineering February 25, 2002 Hazel C. Lambert
Revised May 1, 2002 Rezoning
Revised June 7, 2002
Golf driving ranges and miniature golf courses 7999
Commercial batting cages operated outdoors -----
Model home sales offices -----
Adult Retail -----
C.) Transportation
1.) The applicant hereby proffers to restrict the access to the property to one entrance
at a location on Greenwood Road adjacent to the most southern property line of
the subject property.
2.) The applicant hereby proffers to dedicate right-of—way along Greenwood Road
(Route 656) for future road improvements by Virginia Department of
Transportation in accordance with the attached Exhibit C, attached to and made
part of these proffers.
3.) The applicant hereby proffers to provide a ten -foot (10) non-exclusive easement
along the Senseny Road (Route 657) property frontage for the purpose of allowing
the development of a bicycle facility as identified by the Frederick County
Comprehensive Policy Plan's Bicycle Plan. This easement will be dedicated to the
appropriate entity prior to the construction of the bicycle facility.
D.) Lighting
Building mounted lights and pole -mounted lights will be of a downcast nature and
shielded and directed away from adjacent properties surrounding the proposed
project. Lighting plans will be submitted as a separate attachment for review and
approval by the Frederick County Planning Department prior to installation.
E.) Buffering and Screening
In the event approval is obtained by the Frederick County Board of Zoning Appeals
for a variance of the zoning distance buffer, Chapter 165-37, the applicant hereby
proffers an 8-foot high masonry wall to be constructed along the western property
line adjacent to Tax Map Parcels 65G-((1))-36 and 65G-((1))-37 and as illustrated in
Exhibit B, attached to and made part of these proffers.
F.) Structural Requirements
In the event that a two-story structure is developed on this property, the applicant hereby
proffers that no windows, sliding glass doors or decks will be constructed on the second
floor level along the western property line to provide for the privacy of the residents of
the Saratoga Meadows Subdivision.
File #3137/MDS/dls 2
Greenway Engineering February 25, 2002 Hazel C. Lambert
Revised May 1, 2002 Rezoning
Revised June 7, 2002
G.) Signatures
The conditions proffered above shall be binding upon the heirs, executors,
administrators, assigns and successors in the interest of the applicant and owner. In the
event the Frederick County Board of Supervisors grants this rezoning and accepts the
conditions, the proffered conditions shall apply to the land rezoned in addition to other
requirements set forth in the Frederick County Code.
Respectfully Submitted:
By: 1 1 aZ
ael�LambeHzrt Date
Commonwealth of Virginia,
Ci County of rP,�7(P rri C-L To Wit:
The foregoing instrument was acknowledged before me this 17 day of J u vie,
2009. by He C' (_avn ref E
Notary P 1c
My Commission Expires vizi, vv ZQ ZyOG[—
File 113137/NiDS/dls
ADJUSTMENT
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JOB NO. 3137
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Greenway Engineering
Preliminary Matters
February 25, 2002
Revised May 1, 2002
HAZEL C. LAMBERT
REZONING
Tax Parcels 65A-((7))-8 and 65A-((7))-9
Shawnee Magisterial District
Hazel C. Lambert
Rezoning
Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and
the provisions of the Frederick County Zoning Ordinance with respect to conditional
zoning, the undersigned applicant hereby proffers that in the event the Board of
Supervisors of Frederick County, Virginia, shall approve Rezoning Application #
for the rezoning of .73 acres from the Residential Performance (RP) zoning
district to the Business General (132)
Development of the subject property shall be done in conformity with the terms and
conditions set forth herein, except to the extent that such terms and conditions may be
subsequently amended or revised by the applicant and such be approved by the Frederick
County Board of Supervisors in accordance with the said Code and Zoning Ordinance.
In the event that such rezoning is not granted, then these proffers shall be deemed
withdrawn and have no effect whatsoever. These proffers shall be binding upon this
applicant and their legal successors, heirs, or assigns.
The subject property, more particularly described as the lands owned by Hazel C.
Lambert being all of Tax Map Parcels 65A-((7))-8 and 65A-((7))-9 and further described
by boundary survey prepared by Greenway Engineering dated February 19, 2002 (Exhibit
A).
A.) Maximum Building Structure Square Feet
The applicant hereby proffers to limit the total building structures to 10,000 square
feet for the entire .73 acres.
B.) Prohibited Uses
The following uses shall not be permitted on the proposed rezoning:
Description
Automotive Dealer and gasoline service stations
Fuel dealers
Golf driving ranges and miniature golf courses
Commercial batting cages operated outdoors
Sic
55
598
7999
File #3137/MDS/d1s
Greenway Engineering February 25, 2002 Hazel C. Lambert
Revised May 1, 2002 Rezoning
C.) Transportation
L) The applicant hereby proffers to restrict the access to the property to one entrance
at a location on Greenwood Road adjacent to the most southern property line of
the subject property.
2.) The applicant hereby proffers to dedicate right -of —way along Greenwood Road
(Route 656) for future road improvements by Virginia Department of
Transportation in accordance with the attached Exhibit C, attached to and made
part of these proffers.
D.) Lighting
Building mounted lights and pole -mounted lights will be of a downcast nature and
shielded and directed away from adjacent properties surrounding the proposed
project. Lighting plans will be submitted as a separate attachment for review and
approval by the Frederick County Planning Department prior to installation.
E.) Buffering and Screening
In the event approval is obtained by the Frederick County Board of Zoning Appeals
for a variance of the zoning distance buffer, Chapter 165-37, the applicant hereby
proffers an 8-foot high masonry wall to be constructed along the western property
line adjacent to Tax Map Parcels 65G-((1))-36 and 65G-((1))-37 and as illustrated in
Exhibit B, attached to and made part of these proffers.
File 43137/MDS/dls
2
Greenway Engineering
F.) Signatures
February 25, 2002
Revised May 1, 2002
Hazel C. Lambert
Rezoning
The conditions proffered above shall be binding upon the heirs, executors,
administrators, assigns and successors in the interest of the applicant and owner. In the
event the Frederick County Board of Supervisors grants this rezoning and accepts the
conditions, the proffered conditions shall apply to the land rezoned in addition to other
requirements set forth hi the Frederick County Code.
Respectfully Submitted:
By: 5 8 Oa
hazel C-ambert Date
Commonwealth of Virginia,
Cit COunt f � redeV-1'0L To Wit:
The foregoing instrument was acknowledged before me this day of MCl
2,-Y)z
by
Notary
My Commission Expires Fe bi-(). r Z� Z00
MAY 0 � ZON
File H3137/MDS/dls 3
Rezoning Comments
Frederick County Attorney
Mail to:
Frederick County Attorney
Co. Administration Bldg., Suite 202
107 North Kent Street
Winchester, Virginia, 22601
(540) 665-6383
Hand deliver to:
Frederick County Attorney
Co. Administration Bldg., Suite 202
107 North Kent Street
Fourth Floor
Winchester, Virginia
(540) 665-5651
Applicant: Please fill out the information as accurately as possible in order to assist the County
Attorney's office with their review. Attach a copy of your application form, location map,
proffer statement, impact analysis, and any other pertinent information.
Applicant's Name: Greenway Engineering Telephone: 540-662-4185
Mailing Address: 151 Windy Hill Lane
Winchester, VA 22602
Location of property: Southwestern corner of the intersection of Route 657 (Senseny Road) and
Route 656 (Greenwood Road).
Current zoning: RP
Zoning requested: B2 Acreage: 0.73
County Attorney's Comments:
L rJ
w-- /and 2 Yre /2 �:c,F
Assistant County Attorney's
Signature & Date:
Notice to County Attorney Plea e Return This Form to the Applicant
Rezoning Comments
�..:i' �1�./ � �.. �+:+�..:'i;::+.;y+.+.;;; :.,;...,;ii /i/+i+yi+ ii{.< ;: � �'/.;::.+,.;..,�%/!r':•r,.+i+ r ri+, i/i i i+/% r � Y�::iir+%//l:%r� %O%%:'//.'/ r� %/!// f r ii+/ii r +1,.G:
r::;::;:.;:::.�...::l::!�r/:rry. 1,:;,:;.,�il;../•, ..r �r.: / �r�//�� /. // .. r.::.r/'� r;: ::.r .r� r� M�li/!/r �/
i �//r��ff. l/�///.r//r%//��/�%�///�/�:%/i,'.
Virginia Department of Transportation
Mail to:
Virginia Department of Transportation
Attn: Resident Engineer
14031 Old Valley Pike
Edinburg, Virginia 22824
(540) 984-5600
Hand deliver to:
Virginia Department of Transportation
Attn: Resident Engineer
1550 Commerce Street
Winchester, Virginia
Applicant's Name: Greenway Engineering Telephone: 540-662-4185
Mailing Address: 151 Windy Hill Lane
Winchester, VA 22602
Location of property: Southwestern corner of the intersection of Route 657 (Senseny Road) and
Route 656 (Greenwood Road).
Current zoning: RP Zoning requested: -B2 Acreage: .73
Virginia Department of Transportation Continents:
The application to rezone this property appears to have a measurable impact on Route 656, Greenwood
Road, and Route 657, Senseny Road, the VDOT facility which would provide access to the property.
d i
drainage features, and traffic flow data from the I.T.G. Trip Generation Manual, Sixth Edition for
reqew. VDOT reserves the right to comwnt on all right-of-way needs, including right-of-way dedic
t
right-of-way must be covered under a 1 pe s issued by this office and req
VcD0TP& #lf w &nDatu7-ty bond 05/02/02
Thank you for a ng us the opportunity to comment.
Notice to VDOT — Please Return This Form to the Applicant
MAY 0 `1 2.007.
.fore
s,
tions,
,ate 's
sires
.0
Rezoning Comments
Fartment of Inspections
Mail to:
Frederick County Dept. of Inspections
Attn: Director of Inspections
107 North Kent Street
Winchester, Virginia, 22601
ream �G5-5656
Hand deliver to:
Frederick County Dept. of Inspections
Attn: Director of Inspections
County Administration Bldg., 4`n Floor
107 North Kent Street
Winchester, Virginia
Applicant's Name: Green ay Fngineerina
Telephone: 540-662-4185
Mailing Address: 151 Windy Hill Lane
Winchester VA 22602
Location of property: Southwestern corner of the intersection of Route 657 (Senseny Road) and
Route 656 (Greenwood Road).
Current zoning: RP Zoning requested: a2-
Department of Inspection's Continents: C O M A, v
Public Works Signature & Date:
Acreage: .73
a L- -e
Notice to Department oenspections — Please Return This Fo to the Applicant
REU-- vtL
MAY 0 �z Z00[.
RECEIVED
FEB Z S 2002
�UiI 00 K&�svECI %
•
No comment required at this time. Shall comment at the time of site plan review of new
structures. Please note that a demolition permit issued and aNsbestos inspection jldormed prior
to the removal of any structures located on commercially developed property.
R
Control number
RZ02.0003
Project Name
Hazel Lambert
Address
151 Windy Hill Lane
Type Application
Rezoning
Current Zoning
RP
Frederick County Fire and. Rescue
Department
Office of the Fire Marshal
Plan Review and Comments
Date received
2/28/02
City
Winchester
Date reviewed
3/1/02
Applicant
Creenway Engineering
State zip
VA 22602
Tax ID Number Fire District
6SA-7-8 & 9 18
Automatic Sprinkler System
Yes
Other recommendion
Emergency Vehicle Access
Not identified
Siamese Location
Not Identified
Recommendations
Automatic Fire Alarm Syste
Yes
Requirements
Hydrant Location
Not Identified
Roadway/Aisleway Width
Not Identified
Date Revised
Applicant Ph
540-662.4185
Rescue District
18
Election District
Red Bud
Residential Sprinkler System
No
Fire Lane Required
Yes
Special Hazards
NO
Emergency Vehicle Access Comments
Fire Department access and fire lanes shall be identified during the site plan process.
Access Comments
Additional Comments
Extension of municipal water supplies for firefighting will be required. MAY U 8 200Z
Plan Approval Recommended Reviewed By Signiture�����
Yes Timothy L. Welsh \\ \
Title ��a�.+� �.��\�S GT �
RECEIVED FEB ZUUZ
Rezoninj(�. Comments •
f/%!'/!�
%�i�
Frederick County Fire Marshal
Mail to:
Frederick County Fire Marshall
Attn: County Planner
107 North Kent Street
Winchester, Virginia, 22601
(540) 665-6350
Hand deliver to:
Frederick County Fire & Rescue Dept.
Attn: Fire Marshal
County Administration Bldg., 1" Floor
107 North Kent Street
Winchester, Virginia
Applicant's Name: Greenway Fn ink eerma Telephone: 540-662-4185
Mailing Address: 151 Windy Hill Lane
Winchester, VA 22602
Location of property: Southwestern corner of the intersection of Route 657 (Senseny Road) and
Route 656 (Greenwood Road).
Current zoning: RP Zoning requested: B2 Acreage: .73
Fire Marshal's Comments:
Fire Marshal's Signature & Date:
Notice to Fire Marshal — Please Return This Forin to the Applicant
ill FU-- W L L%l
MY 0 8 ZOOZ
WY-1 0-02 11:52 FROM-GREENWAY ENGINEERING P C 5407229528
Re 4_ Co n
Fire and Rescue Company
Name o F' K Rescue man :
Greenwood Volunteer Fire & Rescue
Address & pho e-
p.O. Box 3023
Winchester VA 22604
T-248 P 002/002 F-677
Applicant's Name: _Q ree y En nn Telephone: 40-6624185
Mailing Address' 1=��indy Hill.
V eer V 0
cst
5o t csic c o the tc . tip-o e 6�ad�
I-Oc;ation of Property: Rowo d oa
ute 654 L
Current zoning:
7,orting requested: R2 Acreage: ,73
Fire and Rescue Coren's Caomments: -
1 � ' �, i
Fire & Rescuc Company'
5ipuaturc & Date; Le
A) b u
"V S'-9- L-Aaoa.
N�: �
LTKL9�Wi I Qd�
?2d Wd9b:zO � 68 R EW
Rezoning Comments • •
Frederick County Sanitation Authority
Mail to:
Frederick County Sanitation Authority
Attn: Engineer
P.O. Box 1877
Winchester, Virginia, 22601
(540) 665-1061
Hand deliver to:
Frederick County Sanitation Authority
Attn: Engineer
315 Tasker Road
Stephens City, Virginia
Applicant's Name: Greenway Enguieerin Telephone: 540-662-4185
Mailing Address: 151 Windy IIill Lane
Winchester, VA 22602
Location of property: Southwestern corner of the intersection of Route 657 (Senseny Road) and
Route 656 (Greenwood Road).
Current zoning: RP Zoning requested: B2 Acreage: .73
Sanitation Authority Comments:
,410
Sanatation Authority Signature & Date:
Notice to Sanitation Authority — Please Return This Form to the Applicant
MAY 0 8 2002
Rezoning Comments • •
!-i%%!!.%:•r::{rr%F.:.;!!!!rr:•ii:!:!!.i::!•iiir!4iiiiii%i:!•i:•iir!!y:.F F,{rylr»F.!{F•f/.ii:::.%:1:%':!n;./:•iy�.:{r/r.U::::r•.rr •. ��»»»rr»r»:.•::: r.-: r:::::::•::::: r:
y.:.. �:/. ... r......:.. r. ..r ...i%r%//!.!•i•:r:.is4::::::::r/+iiiiii'::::::.�iiiiiii%.:Iri �yr r ::......n:: !r.... r... r... r.:}i+fr!.il. ;.%. v. %.... /..r :r...... �vYiiiiiiiiy::::::::::::: i:::...
/. %•.•.•:r{/.,. :r/.:::!!.:.: �.+/.•:rr: .l:::.: v:::.%: •. r�//.r !.•r:::::: .r. !.:l rrr;firs.�:!.:rrr:::F:y:.........::::::::::::::::.'l!.f•::i
Frederick County Department of Public Works
Mail to:
Frederick County Dept. of Public Works
Attn: Director of Engineering
107 North Kent Street
Winchester, Virginia, 22601
(540) 665-5643
Hand deliver to:
Frederick County Dept. of Public Works
Attn: Director of Engineering
County Administration Bldg., 41h Floor
107 North Kent Street
Winchester, Virginia
Applicant's Name: Greenway En6 ineering Telephone: (540)-662-4185
Mailing Address: 151 Windy Hill Lane
Winchester, VA 22602
Location of property: Southwestern corner of the intersection of Route 657 (Senseny Road) and
Route 656 (Greenwood Road).
Current zoning: RP Zoning requested: B2 Acreage: .73
Department of Public Work's Comments:
Public Works Signature & Date:
Notice to Dept. of Public Works —
LO
3 )4162
Return This Form to the Applicant
RECEIVED
FEB 2 8 2002
h FREDERICK COUNTY
i PwUC WORK & INSP &tffi$
MAY 1' OU
6
0
Rezoning Comments
Frederick County Department of Parks & Recreation
Mail to: Hand deliver to:
Frederick County Frederick County
Department of Parks & Recreation Department of Parks & Recreation
107 North Kent Street County Administration Bldg., 2nd Floor
Winchester, Virginia 22601 107 North Kent Street
(540) 665-5678 Winchester, Virginia
e--, o: 194- aCq order as� y ossi e, in. IA'� &fE�i �1& &�611 1131, fto assist.
of yoiir appR66",
on
,Hatntentimpa un sls�an anyth er eromap,prqepyOm
Applicant's Name:
Mailing Address:
Location of property:
Current zoning:
Zoning requested:
Telephone:
Acreage:
Department of Parks & Recreation Comments:
This rezoning request provides the opportunity for the developer to support
the County Comprehensive Plan by including a right-of-way for the planned
Bikeway along Senseny Road.
Pks. & Rec. Signature &,-n Date:
5/21/302E
CTJ
&eceai lrn-Is-rm1PkAh"Y-arP! •
V IYIHI 4, I LUUI-
23
DEPT, OF I'LANNING/DE-VELOPMENT
Rezoning Comments
l� � �ii.v�vi'i%:;%/�</S%•�`i/�:`iF//%�%F%:%!�%/n'/.�i/.•; ••:�; ii� �ii% I fir i ii i .%'I //�%�/�/� %�. .y y/ r'/.' � I /'%'y
Frederick County Department of Parks & Recreation
Mail to:
Frederick County
Department of Parks & Recreation
107 North Kent Street
Winchester, Virginia, 22601
(540) 665-5678
Hand deliver to:
Frederick County
Department of Parks & Recreation
County Administration Bldg., 2nd Floor
107 North Kent Street
Winchester, Virginia
Applicant's Name: Greenway Engineering Telephone: 540-662-4185
Mailing Address: 151 Windy Hill Lane
Winchester, VA 22602
Location of property: Southwestern corner of the intersection of Route 657 (Sensen, Road) and
Route 656 (Greenwood Road).
Current zoning: RP Zoning requested: B2 Acreage: .73
Department of Parks & Recreation Comments:
NO COMMENT
Pks. & Rec. Signature & Date:
Notice to Department of Par s Recreation — Please Return This Form to the Applicant
MAY 0 `? 2002
Rezoning Continents •
Frederick County Attorney
Mail to:
Frederick County Attorney
Co. Administration Bldg., Suite 202
107 North Kent Street
Winchester, Virgitua, 22601
(540)665-6383
Hand deliver to: RECEIVE®
Frederick County Attorney FEB 2 1 2002
Co. Administration Bldg., Suite 202
107 North Kent Street COMMONWEALTH'S AT iUHNrY
Fourth Floor FREDERICK COUNTY
Winchester, Virginia
(540) 665-5651
Applicant's Name: Greenway Engineering Telephone: 540-662-4185
Mailing Address: 151 Windy Hill Lane
Winchester, VA 22602
Location of property: Southwestern corner of the intersection of Route 657 (Senseny Road) and
Route 656 (Greenwood Road).
Current zoning: RP Zoning requested: B2 Acreage: .73
County Attorney's C el3ts:
Assistant County Attorney's J� j
Signature & Date:
Notice to County ttorn y — Please Return Tliis Form to the Applicant
MAY 0 `? 2001_
r �k1AIlk �
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 665-6395
February 6, 2002
Mr. Mark D. Smith, P.E., L.S.
151 Windy Hill Lane
Winchester, VA 22602
RE: Request for Historic Resources Advisory Board (HRAB) Comments
Hazel Lambert Rezoning - Greenwood Road and Senseny Road
Dear Mark:
Upon review of the Hazel Lambert property rezoning, it appears that the proposal does not
significantly impact historic properties. HRAB comment is not needed and this item will not be
scheduled for review at the HRAB's next meeting.
Thank you for the chance to comment on this application. Please call if you have any questions or
concerns.
Sincerely,
�Aut-'O- Kj"LLL
Rebecca Ragsdale
Planner I
u:\C0N%Ui1 SMiRAB\Rmom—n+uo-MzW0
TI '.�" I . - 10
IN
ow
107 North Kent Street • Winchester, Virginia 22601-5000
Rezoning Comments
,ii'lf.•i��,�if�'/i%//,.;.%iiii,:S�.;�:SS••�..��1.•y:1•iirfi���i�:%:%//.i�.�:;:{i�; .l; ���;.�,�i�,i./f// /i/� /"/%�i: �%iiiii�F//�i%�+.%/�%�:%:%���i%%/!�/Fi%%.!� //%//%// �%%:i
Planning Department
Mail to:
Department of Planning and Development
Attn: County Planmr
107 North Kent Street
Wnichester, Virginia, 22601
(540) 665-5651
Hand deliver to:
107 North Kent Street
Fourth floor
Winchester, Virginia
(540) 665-56.51
Applicant's Name: Greeiiway Engineering Telephone: 540-662-4185
Mailing Address: 151 Windy Hill Lanc
Winchester, VA 22602
Location of property: Southwestern corner of the intersection of Route 6.57 (Senseny Road) and
Route 656 (Greenwood Road).
Current zoning: RP Zoning requested: B2 Acreage: .73
Planning Department Conunents:
Superintendent's Signature & Da
Notice to Planning Department — Please Return This Forin to the Applicant
MAY 0 8 2002
OUTPUT MODULE
APPLICANT: PIN 64A-7-8
Net Fiscal Impact
LAND USE TYPE Comercial
Costs of
Impact Credit:
INPUT MODULE Credits to be Take
REAL EST VAL S650,884
Required
(entered in
Cur. Budget
Cur. Budget Cap.
Future CIP/
FIRE & RESCUE 4
Capital Faciltiies
col sum only)
Oper Cap Equip
Expend/Debt S.
Taxes, Other
Fire and Rescue Department
$6,422
Elementary Schools
SO
Middle Schools
SO
SO
SO
High Schools
SO
Parks and Recreation
SO
SO
Public Library
SO
SO
Sheriffs Offices
SO
S199
SO
SO
Administration Building
SO
SO
Other Miscellaneous Facilities
SO
S2,305
S464
SUBTOTAL
S6,422
$2,503
S464
SO
LESS: NET FISCAL IMPACT
NET CAP. FACILITIES IMPACT
S391,170
Total Potential Adjustment For
Tax Credits
Revenue-
Net Capital
Net Cost Per
(Unadjusted)
Cost Balance
Facilities Impact
Dwelling Unit
SO
SO
S6,422
ERR
SO
SO
SO
ERR
$0
SO
SO
ERR
SO
SO
$0
ERR
$199
S199
SO
ERR
SO
$0
SO
ERR
S2,768
$2,768
SO
ERR
52,967
S2,967
S3,455
ERR
S391,170
S391,170
(S391,170)
ERR
Sol
ERR
INDEX: "1.0" If Cap. Equip Included: 1.0
INDEX: "1.0" if Rev -Cost Bal, "0.0" if Ratio to Co Avg: 0.0 Rev -Cost Bal = 1.000
PLANNING DEPT PREFERENCES 1.0 1.0 Ratio to Co Avg = 1.433
METHODOLOGY 1.
Capital facilities requirements are input to the first column as calculated in the model.
2.
Net Fiscal Impact NPV from operations calculations is input in row total of second column
(zero if negative); included are the one-time taxes/fees for one year only at full value.
3.
NPV of future oper cap equip taxes paid in third column as calculated in fiscal impacts.
4.
NPV of future capital expenditure taxes paid in fourth col as calculated in fiscal impacts.
5.
NPV of future taxes paid to bring current county up to standard for new facilities, as
calculated for each new facility.
6.
Columns three through five are added as potential credits against the calculated capital
facilities requirements. These are adjusted for percent of costs covered by the revenues
from the project (actual, or as ratio to avg. for all residential development).
NOTE: Proffer calculations do not
include include interest because they are cash payments up front. Credits do include interest if the projects are debt financed.
NOTES: Model Run Date 5/17102 ERL
P.I.N. 64A-7-8/9 Rezoning: Assumes 10,000 sqaure feet retail on 0.75 acres zoned B2
Due to changing conditions associated with development in the County, the results of this
Output Module may not be valid beyond a period of 90 days from the model run date.
9
N
IMPACT STATEMENT
HAZEL C. LAMBERT
REZONING
Shawnee District
Frederick County, Virginia
TM 65A-((7))-8, 65A-((7))-9
.73 Acres
February 25, 2002
Current Owner: Hazel C. Lambert
Contact Pei -son: Mark A Smith, P.L., L.S.
Greenway Engineering
151 Windy Hill Lane
Winchester, VA 22602
540-662-4185
File 9313MODS/dls
GreenwaY Engineering En ineerin 40 February 25, 2002 "I-Iazel C. Lambert
Rezoning
HAZEL C. LAMBERT REZONING
INTRODUCTION
This report has been prepared for the purpose of assessing the impact on Fredrick County
by the proffered rezoning of an .73-acre parcel owned by Hazel C. Lambert. The subject
site is located on the western corner of the intersection of Routes 657 (Senseny Road) and
656 (Greenwood Road). The current zoning is RP (Single Family Residential -Suburban).
Hazel C. Lambert proposes to rezone .73-acre from RP (Residential Performance) to B2
(Business General). See attached Proposed Zoning Map.
Basic information
Location:
Magisterial District:
Property ID Numbers:
Current Zoning:
Current Use:
Proposed Use:
Proposed Zoning:
Total rezoning area:
Proposed build -out
COMPREHENSIVE PLAN
1. Urban Development Area
Intersection of Routes 657 & 656
Shawnee
65A-((7))-8, 65A-((7))-9
RP
Single Family Residential -Suburban
Business General
132
.73 acre
10,000 SF
Expansion of the Urban Development Area (UDA) beyond its existing boundary is not
required by this application.
2. Sewer and Water Service Area
Expansion of the Sewer and Water Service Area (SWSA) beyond its existing boundary is
not required by this application.
A. SUITABILITY OF THE SITE
Access
Access to the subject site, tax parcels 65A-((7))-8 and 65A-((7))-9, is gained by a drive
way which is located off of Route 656 (Greenwood Road) on the eastern boundary.
File 113137/NIDs?ais 2
GreenwaY Engineering ineering 00
Flnnrl Plnine
February 25, 2002
"I-Iazcl C. Lambert
Rezoning
The subject site is located on the FEMA NFIP map #510063-0115 -B. The entire site is
located as "Zone C", area outside the 100-year flood plain.
Wetlands
There are no visible wetlands on this site. Any disturbance of this area will be in
conformance with Army Corps of Engineers and Department of Environmental Quality
permitting procedures.
Soil Types
The following soil types contained In this tract have been obtained from the Soil Survey
of Fredrick County, published by the USDA Soil Conservation Service.
The subject site is located on map sheet number 36, and contains one soil type:
913-Clearbrook Channery silt loam — 2-7 percent slope, covers 100% of site
B. SURROUNDING PROPERTIES
Adjoining property zoning and present use:
North: Zoned B2 (Business General) District
South: Zoned RP (Residential Performance) District
East: Zoned RP (Residential Performance) District
West: Zoned RP (Residential Performance) District
C. TRANSPORTATION
1. Traffic
Commercial
Residential
Residential -Vacant
Residential
With a general office use (ITE 170) of 10,000 SF, the ITE traffic projection of 11.01
VPD/1000 SF or 110 VPD is anticipated. If a higher traffic use of specialty retail
center (ITE 814) is proposed for 10,000 SF, the ITE traffic projections of 40.67/1000
SF or 407 VPD is anticipated. Therefore, the traffic should range from 100 to 400
vehicles per day.
File 113137/14DSMS
3
Gi•eenwa Engineering February 25, 2002 Hazel C. Lambert
Y g g Y
Rezoning
D. SEWAGE CONVEYANCE AND WATER SUPPLY
Due to the rezoning of the site from RP (Residential Performance) to B2 (Business
General), the subject site in question will have a neglible increase to the amount of
sewage waste that is disbursed into the eastern portion of the Sewer and Water Service
Area (SWSA). With a general office use of gross 10,000 SF/8,000 SF net, a sewage
projection of 0.20 gallons per day per net square feet or 1,600 gallons per day is
anticipated.
F. DRAINAGE
A small increase in the amount of drainage is anticipated with the development of the
0.73 acres. Onsite detention will be provided to manage this increased runoff.
G. SOLID WASTE DISPOSAL
The proposed rezoning from RP (Residential Performance) to B2 (Business General) will
not have a significant affect on the solid waste disposal for the Frederick County area.
H. HISTORICAL SITES AND STRUCTURES
1. Virginia Division of Historic Landmarks
The Virginia Division of Historic Landmarks inventoried one historic landmark:
a.) Sylvie Taylor House, file #34-414.
2. Winchester Regional Preservation Office Department of Historic Resources
There were no archeological artifacts found on the site.
Based on the Historic Resources Advisory Board comment letter dated February 6, 2002,
the Hazel Lambert property does not significantly impact any historic properties.
File 11313MMI)SMS 4
so
N
REZONING APPLICATION FORM
FREDERICK COUNTY, VIRGINIA
The following information shall be provided by the applicant:
All parcel identification numbers, deed book and page numbers may be obtained from the
Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent
Street, Winchester.
1. Applicant:
Name: Greenway Enaineering Telephone: (5401-662-4185
Address: 151 Windy Hill Lane, Winchester VA 22602
2, Property Owner (if different from above)
Name: Hazel C. Lambert Telephone: (540)-662-0623
Address: 223 Rossum Lane, Winchester, VA 22602
3. Contact person if other than above
Name: Mark Smith Telephone: (540)-662-4185
4. Checklist: Check the following items that have been included with this
application.
Location map
*See attached proposed
zoning.
Plat
Deed to Property
Verification of taxes paid
X Agency Comments
ri
X Fees X
X Impact Analysis Statement X
X Proffer Statement X
MAY 0 8 2002
DEPT. OF PLANNING,/DEVELOPMENT'
r
40
S. The Code of Virginia allows us to request full disclosure of ownership in
relation to rezoning applications.
Please list below all owners or parties in interest of the land to be rezoned:
Hazel C. Lambert
6. A) Current Use of the Property:
B) Proposed Use of the Property:
7. Adjoining Property:
Single Family Residential
Business General
PARCEL ID NUMBER
USE
ZONING
65A-((7))-7
Single Family Residential
RP
650-((1))-37
Single Family Residential
RP
65G-((1))-36
Single Family Residential
RP
65G-((1))-38A
Regional/Local Gvt
RP
65G-((1))-35
Single Family Residential
RP
55-((A))-196
Residential
RP
55-((A))-194
Commercial
(Country Park Plaza)
B2
8. Location: The property is located at (give exact location based on nearest road
and distance from nearest intersection, using road names and route number):
Southwestern corner of the intersection of Route 657 (Senseny Road) and Route 656
(Greenwood Road).
40
Information to be Submitted for Capital Facilities Impact Model
In order for the Planning Staff to use its capital facilities impact model, it is necessary for
the applicant to provide information concerning the specifics of the proposed use.
Otherwise, the planning staff will use the maximum possible density or intensity scenario
for the proposed Zoning District as described on Page 9 of the application package.
8. Parcel Identification/Location: Parcel Identification Number 65A-((7))-8
and 65A-((7))-9
Magisterial:
Fire Service:
Rescue Service
10
11.
Shawnee
Greenwood
Greenwood
Districts
High School:
Middle School:
Elementary School
James Wood
James Wood
Sensany Road
Zoning Change: List the acreage included in each new zoning category
being requested.
Acres
Curc'ent Zoning
Zoning Requested
.73
RP
B2
.73
Total Acreage to be rezoned
The following information should be provided according to the type of
rezoning proposed:
Number of Units Proposed
Single Family homes: Townhome: Multi -Family
Non -Residential Lots: Mobile Home: Hotel Rooms:
Square Footage of Proposed Uses
Office: 5,000 * Service Station:
Retail: 5,000 .r Manufacturing:
Restaurant: Warehouse:
Other
*Note: See Impact Statement
12. Signature:
I (we), the undersigned, do hereby respectfully make application and petition the
Frederick County Board of Supervisors to amend the zoning ordinance and to change
the zoning map of Frederick County, Virginia. I (we) authorize Frederick County
officials to enter the property for site inspection purposes.
I (we) understand that the sign issued when this application is submitted must be
placed at the front property line at least seven days prior to the Planning Commission
public hearing and the Board of Supervisors' public hearing and maintained so as to
be visible from the road right-of-way until the hearing.
I (we) hereby certify that this application and its accompanying materials are true and
accurate to the bet of my (our) knowledge.
Applicant(s): Date: �?'
Date:
Owner (s): �y i �Jl� C' �- �,,� �� Date: 3 / 9 - 6-1
Date:
REGEwt,
MAY 0 2002
DEPT. OFPI: �c6UPMENi
.r «
ADJOINING PROPERTY OWNERS
NAME
TAX MAP #
ADDRESS
Saratoga Meadows homeowners
65G-((1))-38A
PO Box 809 Winc, 22604
Travis J. Tisinger
65G-((1))-37
106 Stirrup Cup Circle Winc
Robert Stiff
65G-((1))-36
104 Stirrup Cup Circle Winc
Kathy S. Kerns
65A-((7))-7
918 Greenwood Rd Winc
Carol E. Brown
65G-((1))-35
102 Stirrup Cup Circle Winc
GMG Properties
55-((A))-194
19 W. Boscawen St, Winc
Cora V Clark
55-((A))-196
1932 Scnseny Rd, Winc
Pile 0137/dis
AMENDMENT
Action:
PLANNING COMMISSION: June 5, 2002 - Recommended Approval
BOARD OF SUPERVISORS: July 10, 2002 ❑ APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #03-02 OF HAZEL LAMBERT
WHEREAS, Rezoning #03-02 of Hazel Lambert, was submitted by Greenway Engineering, to rezone
.73 acres from RP (Residential Performance) to B2 (Business General) District. This property is located
at the southwestern corner of the intersection of Senseny Road (Rt. 657) and Greenwood Road (Rt.
656), and is identified with Property Identification Numbers 65A-7-8 and 65A-7-9 in the Shawnee
Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this rezoning on June 5, 2002; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on July 10, 2002; and
WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be
in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive
Policy Plan;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that
Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map
to change .73 acres from RP (Residential Performance) to B2 (Business General) District as described
by the application and plat submitted, subject to the attached conditions voluntarily proffered in
writing by the applicant and the property owner.
PDRes 1114-02
6
•
This ordinance shall be in effect on the date of adoption.
Passed this 10t1i day of July, 2002 by the following recorded vote:
Richard C. Shickle, Chairman
Gina A. Forrester
W. Harrington Smith, Jr.
Lynda J. Tyler
PDRes. It 14-02
O.Wgcnda \CO%I1fENTS\REZONING\RESOLUTMIIazcl Lambert.wpd
Sidney A. Reyes
Margaret B. Douglas
Robert M. Sager
A COPY ATTEST
John R. Riley, Jr.
Frederick County Administrator
Date: 1/14/02 COUNTY OF FREDERICK Time: 15:11:52
® LISA HUMMER ® 000020975 Cust.Transactions:
Trans. Type: PAY Dept/Bill#: RE2001 00103000002 P/I Date: 1/14/2002 1/14/2002
Name: LAMBERT. HAZEL C Bill Date: 12/06/2001 Halt: Q
Name 2:
Address: _ Map#: 65A 7 9
223-ROSSUM LN
WINCHESTER. VA
Zip: 22Q_Q - Q740
Desc: H. L. PATTON PART OF LS
Land: $34,000
Original Bill: $126.10
Penalty Paid: $.00
Amount Owed: $.00
Total Owed: $.00
Prin. being Paid:
Penalty being Paid:
Total Amount Paid:
MMMMMDDSSLLLLS
Acreage: .00
Mortg.Go. :
SSW 000 - QQ - 0000
000 - 00 - 0000
Status: _
Improve:
$8,000
Credits:
$129.10
Int Paid:
$.00
Otho r:
$.00
Penalty:
$.00
Aging:
I me re st
being Paid:
Promise to Pay Da -to:
Fi=Amt Tender F2=Next Ticket F3=Exit
Use: $O
Discount: $.00
Last Date: 11/00/2001
Interest: $.00
%b Dpt/Act ode
F10=Funct Menu
Date: 1/14/02 COUNTY OF FREDERICK Time: 15:13:03
® LISA HUMMER 000020976 Cust.Transactions:
Trans. Type: PAY Dept/Bill#: RE2001 00183010002 P/I Date: 1J14/2002 1/14/2002
Name: 1AMRERT- HAZEL C Bill Date: 12/06/2001 Half: Q
Name 2:
Address: Map#: 65A 7 9
92:3 ROSSUM LN
WINCHESTER VA
Zip: 22B02 - §j740
Dose: H. L . PA"ITON PART OF L9
MMMMMDDSSLLLLS
Acreage: .00
Mortg.Co.:
SSN: 000 - QQ - 0000
000 - 00 - 0000
status: _
Land:
$36,000
Improve:
$5,000
Original Bill:
$125.05
Credits:
$125.05
Penalty Paid:
$.00
Int Paid;
$.00
Amount Owed:
$.00
OtYier:
$.00
Total Owed:
$.00
Penalty:
$.00
Prin. being
Paid:
Aging:
Penalty being
Paid:
Interest
being Paid:
Total Amount
Paid:
Promise to
Pay Date: _
u se : $O
Discount: $.00
Last Date: 11/00/2001
Interest: $.00
% Dpt/Act cde
F1=Amt Tender F2=Next Ticket
F3=Exit
F10=Funct Menu
8KII5PG1563
OF
GEORGE E. LAMBERT
0
I, GEORGE E. LAMBERT, of Frederick County, Virginia,
being of sound and disposing mind and memory, do hereby make,
publish and declare this to be my Last Will and Testament, hereby
revoking any and all Wills and Codicils by me at any time
heretofore made.
FIRST: I direct that all of my just debts and funeral
. expenses be paid.
SECOND: I give and bequeath to my children, Edwin L.
Lambert, George W. Lambert and James L. Lambert, the sum of One
Hundred Dollars ($100.00) each.
THIRD: I give and devise my interest in the real
estate located in Brunswick and Mechlinborg Counties, Virginia,
to Cora L. Clemmer, Stephen J. Lambert and Andrew J. Lambert,
share and share a ike.
All the 8lance, residue and remainder of my property
real, personal and aaixed, and wheresoever located, I give, devise
and bequeath tom wife, Hazel C. Lambert.
FOURTH: I nominate Hazel C. Lambert, as my Executrix.
In the event she I'munable or unwilling to serve as Executrix„of
my estate, then I nominate and appoint Andrew J. lambert as
1
1.
4.6. 1/5//S�3
Q P� Kl Ir� 1*4
Executor of this my Last Will and Testament. No surety on any
bond shall be required of any fiduciary nominated in this Will.
FIFTH: In addition to the powers now or hereafter
granted by law, every fiduciary serving hereunder shall have all
the powers listed in Section 64.1-57, Code of Virginia, as in
effect on the date of my death.
IN WITNESS WHEREOF, I have hereunto set my hand this
day of� _ 1992.
4e0AR8?E'j
((,2.c� .L •,��� � �gLAMBERT
The foregoing instrument, subscribed at the end thereof
by GEORGE E. LAMBERT, the above named Testator, and by him
signed, published and declared to be h_s Last Will and Testament
in the presence of us and each of us who in his presence and at
his request and in the presence of each other subscribe our names
ajjs//attesting
/ witnesses upon the day of the date of said Will.
'/,
i11�vl �f1��a�c� residing atc�i,f����
residing at F d,eCd
Before me, the undersigned authority, oii this day 1
Personally appeared GEORGE E. LAMBERT, n"
-C��l-d•tct.�./ .�• �Qaa2 �
and QQ(iy , Cj , known to me to be the Testator
and the witnesses, respectively, whose names are signed to the
attached or foregoing instrument, and all these persons beings by
me first duly sworn, GEORGE E. LAMBERT, the Testator, declared
2
l
I
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BK1 101565
to me and to the witnesses in my presence that said instrument is
his Last Will and Testament and that he had willingly signed the
same and executed it in the presence of said witnesses as his
free and voluntary act for the purposes therein expressed; that
said witnesses stated b.3fore me that the foregoing Will was
executed and acknowledged by the Testator as his Last Will and
Testament in the presence of said witnesses, who, in his presence
and at his request, and in the presence of each other, did
subscribe their names as attesting witnesses on the day of the
date of said Will and that the Testator, at the time of the
execution of said Will, was over the age of eighteen (18) years,
and of sound and disposing mind and memory.
Testator
Witness
1
Witness
STATE OF VIRGINIA, AT -LARGE, ,
CITY OF WINCHESTER, to -wit:
Subscribed, sworn and acknowledged before me by GEORGE
E. LAMBERT, the Testator, and subscribed and sworn to before me
by �/ / yx a aac x and nn
witnesses, this N/1 day of 1992.
3
6K115Pc1566
My commission expires
Notar Publib'
r
4
3
55
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,�^�','�+�-.j:'f; ��'✓��`=: L�r�'• � p.:. �:. t p . �- • -;;,_ :�,- _ _-_ - .. J,..� r,-,yam:
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GORGE E .; L71KB
TO . t t t s . DEED
GEORGE E. LAMBERT 1
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(.r 255 yd.,
4 THIS DEED, made and entered into this q-day of November.
1979, by and between GEORGE E. LAMBERT and ELSIE W. LAMBERT, his
wife, parties of the first part, and GEORGE E. LAMBERT. of Route 1
Berryville, Virginia, party of the second part.
MITNESSETH: That pursuant to a property settlement
agreement between George E. Lambert and Elsie W. Lambert (such
property settlement agreement having been entered into between
such parties incident to a i4paration by them) and for and in
consideration of the sum of Ten ($10.00) Dollars, cash in hand
paid and other valuable consideration, the receipt of which is
hereby acknowledged at and before the signing and delivery of
this instrument, the said parties of the first part do hereby
grant, bargain, sell and convey with general warranty and English
covenants of title, unto the said George E. Lambert, party of the
second part, the following real estate in Frederick County,
Virginia. to -wit:
All of those certain lots or parcels of land designated
as Lots No. 8 and 9 in that certain plat,':and dead of dedication o•
"'the lots of N. 1. Ptttona Sr,,, recorded'in the•Office of the Clarl
��of ,the Circuit Court of ,Frederick County;�.Yirginla. in Oead Noolt'
! 240..►age 7. lying and being situate about two and one half f2-11
•s,i/aa�East of Manchester, in Shawnee District. Frederick County,
t•Virginia. Lot No. a fronts on its East'side on the West 'sido:o,f
'•.'Greenwood Road a disURCa of, 213.8 feet plus 27.6 feet corner;*—
r'I
On its North side, it fronts 69.0 feet on the South side of
Son
sany Road. On.its West side, it adjoins Lot No. 9 for a
distance of 259.1 feat. and on its South' side, it adjoins Lot No,
7 for a distance of $6.7 feet. Lot No. 9 fronts on its North:
side on Senseny Road -a distant*' of 70.3 feet, adjoins Lot. No. 8
on its East side a distance of 269.1 fiat, adjoins Lot No. 7 on
,Lts South side a distance of 64.9.feet and adjoins ,the Was
property on its Mast side a dlatanca of 269.93 feat. .'
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This being the same real estate conveyed to George and
Elsie W. Lambert, husband and wife, jointly, by deed from Howard
L. Patton, Jr., at al, dated 4 June 1962, of record in the Clerk's
Office of the Circuit Court of Frederick County, Virginia, in Deed
Book 279, Page 1-4
Reference is hereby made to the above deed and records an
to the references therein referred to for a more particular des-
cription of the real estate herein conveyed.
WITNESS the following signatures and seals.
` (SEAL)
GEORGE LAMBERT
"Al (SEAL')
ELSIE W. LAMBERT
STATE OF VIRGINIA
'COUNTY OF FREDERICK, TO WITt
The fZlpz,
itrunent was acknowledged before me this
If
day of by George E. Lambert.
My Commission expires: d
Ndtary Public
¢=TATE Of VIRGINIA ,
tCOUMTY Of. FREDERICK, TO WITt
The foregoing instrument was ackrwwledged before me this
` day of OewW'1919, by Elsie M. Lambert.
'My Commission expireit/A/D�1
o"ry Public
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ROA D NO. 656
I
APPROVED 1-II- 36 FOR VA. DEPT. OF HIGHWAYS
BY C. H. COFFMAN. RESIDENT ENGI N EER
NOTE:
• INDICATES CONCRETE MONUMENTS
MAGNETICS„-_Itoo,
- I
SCALE
LO TS OF
SURVEYED BY
APPROVED FOR FRED. CO. BOARD OF SUPORVISORS
H. L. PATTON SR.
RI CHARD U. GOODE
CERTIFIED SURVEYOR
-
1- II 36 C. M. ROSENBERGER
C HAIRMAN
LOCATED ABOUT 2it MILES EAST OF
oEc. 6, Isass
•
WINCHESTER. IN SHAWNEE DISTRICT,
FREDERICK COUNTY, VA.
APPROVED 1- 11- 36 FOR FREDERICK-
WINCHESTER HEALTH DEPT.
A. L. LINDALL
HEALTH DIRECTOR
R. WESLEY WILLIAMS
I CERTIFY THAT THE LAND IN THIS SUBDIVISION WAS DEEDED
SANITARIAN
TO H. L. PATTON SR. BY NINA & ROBERT WATT, BY DEED
DATED
J U N E 22, 1951 AND RECORDED IN DEED BOOK 220 RAGE 33, IN
THE CLERKS OFFICE, FREDERICK COUNTY, VA.
IT IS R E C C O M M E N D E D T H AT
OWNER OF LOTS CONTACT HEALTH
RICHARD U.GOODE C.L.S.
DEPt BEFORE CONSTRUCTING
HOUSE OR DRILLING WELL.
+ NO. 2 00
•
ZONING LEG[ ,
Rom.
RP
® B
CL
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SITE
MARK D.. SMITH
No.022837
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DATE, 9/28/2001
SCALE, 1'=100'
DESIGNED BY-HDS/JNT
JOB NO. 3137—
SHEFT 1 OF 1
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DATE- 9/28/2001
SCALE, 1'=100'
DESIGNED BY,HDS/JNT
JOB NO. 3137
SHEET 1 of 1
1.61
Robert M. Sager - Aye
Margaret B. Douglas - Aye
Sidney A. Reyes - Aye
Lynda J. Tyler - Aye
Gina A. Forrester - Aye
PLANNING COMMISSION BUSINESS
PUBLIC HEARING
PUBLIC HEARING - CONDITIONAL USE PERMIT 1109-02 OF FROG EYE FIBER
EMPORIUM SUBMITTED BY MARY S. GROUNDWATER FOR A COTTAGE
OCCUPATION -INSTRUCTIONAL CLASSES AND RETAIL SALES. THE
PROPERTY IS LOCATED AT 347 SCIIOOLMARM LANE AND IS IDENTIFIED
WITH PROPERTY IDENTIFICATION NUMBERS 62-A-22 AND 62-A-21 A IN TIIE
BACK CREEK MAGISTERIAL DISTRICT - APPROVED
Planner H Rebecca Ragsdale presented this request to the Board advising that the Planning
Commission recommended approval.
There was no public comment.
Upon motion made by Supervisor Douglas, seconded by Supervisor Smith, CUP fl09-02 was
approved by the following recorded vote:
Richard C. Shickle - Aye
W. Harrington Smith, Jr. - Aye
Robert M. Sager - Aye
Margaret B. Douglas - Aye
Sidney A. Reyes - Aye
Lynda J. Tyler - Aye
Gina A. Forrester - Aye
PUBLIC HEARING - REZONING 1103-02 OFHAZEL LAMBERT, SUBMITTED BY
GREENWAY ENGINEERING TO REZONE 73 ACRES FROM RP (RESIDENTIAL
PERFORMANCE) TO B2 (BUSINESS GENERAL) DISTRICT. TIIIS PROPERTY
IS LOCATED AT THE SOUTHWESTERN CORNER OF TIIE INTERSECTION OF
SENSENY ROAD (ROUTE 657) AND GREENWOOD ROAD (RT. 656), AND IS
IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBERS 65A-7-8 AND 65A-
7-9 IN THE SHAWNEE MAGISTERIAL DISTRICT - APPROVED
Planner II Jeremy Camp presented this request to the Board advising the Planning
Commission recommended approval.
Supervisor Tyler had some questions concerning buffering.
Mark Smith representing the request appeared before the Board to respond to their questions.
He advised the owner was not 100% sure of exactly what would be going at this location, but
thought it would be similar to what is located across the street as far as the strip mall is concerned.
Supervisor Sager advised that the lighting and noise concerned him.
Supervisor Reyes asked how much acreage was at the site?
Minute Book Number 28
Board of Supervisors Meeting of 07/10/02
Post -it® Fax Note 7
Date ,
# of
pages
To
From `
y�
Co./Dept.
Co.
Phone #
Phone # �os
Fax #
Fax # �A _. I
162
A 0 0
Mark Smith advised 1.3 acres.
Supervisor Forrester asked about proffers for fire and rescue.
Planner Camp explained the model calculations.
Blaine Dunn, area resident, appeared before the Board and advised that he was neither for
nor against this request, lie did have some concerns with public issues such as zoning, trash etc.
Pat Gochenour, area resident and member of the Planning Commission, is not in favor of this
request as she feels the Board should know exactly what is going at the site before approving it.
George Sempeles, Stonewall District, felt that anything that would be put there would be an
improvement over what is currently there.
Bill Rosenberry, Shawnee District and member of the Planning Commission, advised at the
Planning Commission meeting, a neighbor, to the back of the property, in adjacent subdivision,
expressed concern about a two story building being built on the site, but he too feels this plan would
be an improvement.
Supervisor Sager asked if the Board could revisit this again.
Administrator Riley advised they could ask; however, he would caution against it.
Supervisor Forrester asked about the requirements for a two story building.
Upon motion made by Supervisor Smith, seconded by Supervisor Douglas, rezoning 1103-02
of Hazel Lambert was approved by the following recorded vote:
Richard C. Shickle - Aye
W. Harrington Smith, Jr. - Aye
Robert M. Sager - Aye
Margaret B. Douglas - Aye
Sidney A. Reyes - Nay
Lynda J. Tyler - Nay
Gina A. Forrester - Nay
PUBLIC HEARING - REZONING #04-02 OF KIMERLY G. hIENRY SUBMITTED
BY PAINTER LEWIS PLC TO REZONE 557 ACRES FROM B2 (BUSINESS
GENERAL) TO B3 (INDUSTRIAL TRANSITION) DISTRICT AND .765 ACRES
FROM B3 (INDUSTRIAL TRANSITION) TO B2 (BUSINESS GENERAL)
DISTRICT. THE PARCELS ARE LOCATED ON FORT COLLIER ROAD
BETWEEN BAKER LANE AND HUNTINGTON MEADOWS SUBDIVISION AND
ARE IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBERS 54-8-41, 42,
23 24 25 & 26 IN THE STONEWALL MAGISTERIAL DISTRICT - APPROVED
Director Lawrence presented this request to the Board advising that the Planning
Commission had unanimously recommended approval.
There was no public comment.
Minute Book Number 28
Board of Supervisors Meeting of 07/10/02
.1,61
Robert M. Sager - Aye
Margaret B. Douglas - Aye
Sidney A. Reyes - Aye
Lynda J. Tyler - Aye
Gina A. Forrester - Aye
PLANNING COMMISSION BUSINESS
PUBLIC HEARING
PUBLIC HEARING - CONDITIONAL USE PERMIT #09-02 OF FROG EYE FIBER
EMPORIUM, SUBMITTED BY MARY S. GROUNDWATER, FOR A COTTAGE
OCCUPATION -INSTRUCTIONAL CLASSES AND RETAIL SALES. THE
PROPERTY IS LOCATED AT 347 SCHOOLMARM LANE AND IS IDENTIFIED
WITH PROPERTY IDENTIFICATION NUMBERS 62-A-22 AND 62-A-21A IN THE
BACK CREEK MAGISTERIAL DISTRICT - APPROVED
Plaimer II Rebecca Ragsdale presented this request to the Board advising that the Plaiming
Conunission recommended approval.
There was no public comment.
Upon motion made by Supervisor Douglas, seconded by Supervisor Smith, CUP #09-02 was
approved by the following recorded vote:
Richard C. Shickle - Aye
W. Harrington Smith, Jr. - Aye
Robert M. Sager - Aye
Margaret B. Douglas - Aye
Sidney A. Reyes - Aye
Lynda J. Tyler - Aye
Gina A. Forrester - Aye
PUBLIC HEARING - REZONING #03-02 OF HAZEL LAMBERT, SUBMITTED BY
GREENWAY ENGINEERING, TO REZONE.73 ACRES FROM RP (RESIDENTIAL
PERFORMANCE) TO B2 (BUSINESS GENERAL) DISTRICT. THIS PROPERTY
IS LOCATED AT THE SOUTHWESTERN CORNER OF THE INTERSECTION OF
SENSENY ROAD (ROUTE 657) AND GREENWOOD ROAD (RT. 656), AND IS
IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBERS 65A-7-8 AND 65A-
7-9 IN THE SHAWNEE MAGISTERIAL DISTRICT - APPROVED
Plaiuier II Jeremy Camp presented this request to the Board advising the Planning
Commission reconunended approval.
Supervisor Tyler had some questions concerning buffering.
Mark Smith representing the request appeared before the Board to respond to their questions.
He advised the owner was not 1000io sure of exactly what would be going at this location, but
thought it would be similar to what is located across the street as far as the strip mall is concerned.
Supervisor Sager advised that the lighting and noise concerned him.
Supervisor Reyes asked how much acreage was at the site?
Minute Book Number 28
Board of Supervisors Meeting of 07/10/02
I
iszlp -k 0 •
Mark Smith advised 1.3 acres.
Supervisor Forrester asked about proffers for fire and rescue.
Planner Camp explained the model calculations.
Blaine Dunn, area resident, appeared before the Board and advised that he was neither for
nor against this request, he did have some concerns with public issues such as zoning, trash etc.
Pat Gochenour, area resident and member of the Planning Commission, is not in favor of this
request as she feels the Board should know exactly what is going at the site before approving it.
George Sempeles, Stonewall District, felt that anything that would be put there would be an
improvement over what is currently there.
Bill Rosenberry, Shawnee District and member of the Planning Commission, advised at the
Planning Commission meeting, a neighbor, to the back of the property, in adjacent subdivision,
expressed concern about a two story building being built on the site, but he too feels this plan would
be an improvement.
Supervisor Sager asked if the Board could revisit this again.
Administrator Riley advised they could ask; however, lie would caution against it.
Supervisor Forrester asked about the requirements for a two story building.
Upon motion made by Supervisor Smith, seconded by Supervisor Douglas, rezoning #03-02
of Hazel Lambert was approved by the following recorded vote:
Richard C. Shickle - Aye
W. Harrington Smith, Jr. - Aye
Robert M. Sager - Aye
Margaret B. Douglas - Aye
Sidney A. Reyes - Nay
Lynda J. Tyler - Nay
Gina A. Forrester - Nay
PUBLIC HEARING - REZONING #04-02 OF KIMERLY G. HENRY SUBMITTED
BY PAINTER LEWIS, P L C , TO REZONE 557 ACRES FROM B2 (BUSINESS
GENERAL) TO B3 (INDUSTRIAL TRANSITION) DISTRICT, AND .765 ACRES
FROM B3 (INDUSTRIAL TRANSITION) TO B2 (BUSINESS GENERAL)
DISTRICT. THE PARCELS ARE LOCATED ON FORT COLLIER ROAD
BETWEEN BAKER LANE AND HUNTINGTON MEADOWS SUBDIVISION, AND
ARE IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBERS 54-8-41, 42,
23 24 25 & 26 IN THE STONEWALL MAGISTERIAL DISTRICT - APPROVED
Director Lawrence presented this request to the Board advising that the Plari ning
Commission had unanimously recommended approval.
There was no public comment.
Minute Boolc Number 28
Board of Supervisors Meeting of 07/10/02
ti
acres from RA (Rural Areas) to B2 (Business General) District, to allow the applicant to contact the residents
of the area concerning their view of the proposal, to clarify the proffer statement, to examine the possibility
of limiting sign height and size, and to re-examine the applicant's list of prohibited uses.
Rezoning #03-02 of Hazel Lambert, submitted by Greenway Engineering, to rezone .73 acres from RP
(Residential Performance) to B2 (Business General) District. This property is located at the
southwestern corner of the intersection of Senseny Road (Rt. 657) and Greenwood Road (Rt. 656), and
is identified with Property Identification Numbers 65A-7-8 and 65A-7-9 in the Shawnee Magisterial
District.
Action - Recommended Approval with Proffers
Mr. Jeremy F. Camp, Planner, read the background information and review agency comments.
Planner Camp stated that the rezoning does not directly conflict with the land use goals identified in the
Comprehensive Policy Plan, however, the staff believed the application could be substantially improved to more
effectively mitigate potential negative impacts. Planner Camp identified the potential impacts and issues which
included, the Frederick County Bicycle Plan: the possible designation of additional land for future road
improvements and a bicycle lane along Senseny Road; the negative impact to Fire and Rescue Service:
provision of efforts to mitigate the projected negative impacts which were projected by the County's Capital
Facilities Fiscal Impact Model; the visual impacts resulting from large signs and parking: the consideration of
the utilization of less intensive signage and limiting all future parking to the southern portion of the two parcels;
the impact of future business uses on existing residential uses: consideration of the provision of additional
landscaping, particularly along Senseny Road, and consideration in prohibiting other potentially inappropriate
uses.
Planner Camp next reviewed the applicant's proffer statement, pointing out several items that
needed clarification and providing staff comments on several others.
Mr. Mark Smith of Greenway Engineering was representing Hazel Lambert, the property
owner. Mr. Smith explained that Mrs. Lambert, a widow, is seeking to increase the value of the property by
rezoning it, in order to assist with her retirement. Mr. Smith said that they are aware of VDOT's right-of-way
constraints and this issue is addressed in their proffer; he stated they will dedicate right-of-way on Senseny
Road and Greenwood Road. Mr. Smith said that he met with the adjoining property owners in Saratoga
Meadows and, in those discussions, noise and sound became the issue. He said they offered the sound wall
concept, which was acceptable; however, the lot owner to the rear preferred to have landscaping rather than
a sound wall. Mr. Smith said he was not aware of the intended bicycle path, but will provide an additional
easement, up to 10' in width along Senseny Road, as directed and requested by VDOT. Regarding the proffer
made to Fire and Rescue Services, Mr. Smith said that overall, the fiscal impact analysis results were positive
for their proposal. Mr. Smith added that he did not address signs or parking in the proffer because he wanted
to give the potential future user the full flexibility the ordinance would allow; however, he would be willing to
discuss height limitations for signs.
Commissioner Straub inquired if this project would still be viable in light of VDOT's intention
of widening Greenwood Road and the right-of-way that would be needed. Mr. Smith pointed to a hatched area
Frederick County Planning Commission
Minutes of June 5, 2002 Page 875
on a map which was land intended to be dedicated to VDOT for right-of-way. Commissioner Straub expressed
concerns about the possibility of a two-story building that would hover over the adjoining property owner's
swimming pool. Mr. Smith envisioned the future business structure having a residential flavor to its
appearance; he believed a two-story structure was appropriate in this area, especially on this small -sized lot.
Chairman DeHaven called for public comments and the following person came forward to
speak:
Mr. Robert Stiff, adjoining property owner at 104 Stirrup Cup Circle, said that he did have
concerns, although some of those concerns have been addressed. Mr. Stiff said he was concerned about the
possibility of two-story structure overlooking his swimming pool and property. He told the Commission that
he had erected a fence in his back yard, so some of the uses proposed will be okay with him. He commented
on the possibility that the proposed use would improve the appearance of the corner property. He believed the
sound wall was an appropriate measure; he believed lighting was still an issue; he was not in favor of a filling
station, car lot, or batting cages. Mr. Stiff said that after a user has been identified, he would still like to be
included in the approval process. Mr. Stiff thanked the Planning Staff and Mr. Smith for involving him in the
process. He believed that developing the property could improve its appearance, if it is done properly.
Commissioner Thomas responded to concerns raised about traffic on Senseny Road. He
commented that the subject property is a three -quarter -acre commercial area on a corner that will be a
neighborhood business and that he believed would not draw traffic from outside of the Senseny Road corridor.
He said the developer has shown that he is willing to work with the neighbors; he suggested that the applicant
review the proffer statement between now and the Board meeting and perhaps include a statement that the
development would be aesthetically compatible with the surrounding residential neighborhood.
Chairman DeHaven inquired if the bike path issue was a VDOT-constructed and maintained
pathway; he asked if the easement offered by the applicant was a viable alternative to having it exist on
dedicated right-of-way.
Mr. Jerry Copp, VDOT's Resident Engineer, replied that he knew of no design plans for any
bike path; he believed this was a County -initiated concept. In regards to the issue of the design of Greenwood
Road to the south raised by another member of the Commission, Mr. Copp stated that while the project is on
the outlying years of the Secondary Construction Program, VDOT has not begun any design whatsoever. Mr.
Copp explained that when they were approached by the applicant, VDOT used the criteria for the north side
of Senseny Road for Greenwood and applied that same criteria to the South side. He commented that this was
the best they could do to establish a long-range vision.
Chairman DeHaven also commented to the applicant that he believed the sound wall and
landscaping easement approach was good, however, he got the impression it was an "either-or" situation.
Mr. Smith hoped that if the rezoning was granted by the Planning Commission and the Board
of Supervisors, that the Board of Zoning Appeals would look favorably on allowing them to construct the wall.
He said he did not see a need to add landscaping along the wall, especially on the B2 side and since the wall
is intended to be constructed on the property line, there would not be the ability to provide landscaping on the
residential side.
Mr. Smith added that he would'revise the proffer to eliminate the "adult retail" use and would
Frederick County Planning Commission
Minutes of June 5, 2002 Page 876
M
• -7- • 1
also re-examine some of the other uses; he would revise the proffer to include the provision of a ten -foot
easement; he will revise the proffer to state that there will be no windows on the side of the structure facing the
swimming pool; and, he would contact they neighbors again before the Board meeting. Mr. Smith intended
to keep his option open for permitting a two-story structure; if the rezoning was not approved, they had the
option of placing two two-story residential structures on the property.
The Planning Commission believed a neighborhood business at this intersection was
appropriate; they did not believe a neighborhood business at this location would draw additional traffic from
outside of the Senseny Road corridor; they believed that the neighborhood business area needed to be
concentrated and not spread out down Senseny Road; they believed the outstanding issues had been addressed
by the applicant.
Upon motion made by Commissioner Morris and seconded by Commissioner Thomas,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend
approval of Rezoning Application #03-02 of Hazel Lambert, submitted by Greenway Engineering, to rezone
.73 acres from RP (Residential Performance) to B2 (Business General) District with proffers submitted by the
applicant to include: the provision of a ten -foot easement for a future bicycle path as required by VDOT; the
elimination of an "adult retail" use; and the elimination of windows on the west side of any structures.
This recommendation was made by the following majority vote:
YES (TO APPROVE): Watt, Unger, Morris, Light, DeHaven, Thomas, Ours, Kriz, Fisher, Triplett,
Rosenberry
NO: Straub, Gochenour
-------------
Rezoning #04-02 of Kimerly G. Henry, submitted by Painter -Lewis, P.L.C., to rezone .557 acres from
B2 (Business General) to B3 (Industrial Transition) District, and .765 acres from B3 (Industrial
Transition) to B2 (Business General) District. The parcels are located on Fort Collier Road, between
Baker Lane and Huntington Meadows subdivision, and are identified with Property Identification
Numbers 54-8-41, 42 and 24, and 54-A-97L and 97F in the Stonewall Magisterial District.
Action - Recommended Approval
Mr. Eric R. Lawrence, Planning Director, described the proposed rezoning as an effort to
clarify the location of some zoning district lines, utilizing Fort Collier Road as the zoning district boundary,
which results in B2 on the south side of Fort Collier Road, and the B3 on the north side of Fort Collier Road.
Director Lawrence said that in 1987, the property was rezoned from MI to a combination of B2 and B3. Since
that rezoning occurred in 1987, Fort Collier Road was constructed at a slightly different location than when
it was proposed as "Gordan Drive" and it actually severed some of the approved zoning. Director Lawrence
stated that a subsequent relocation of a proposed road intended to provide a zoning district boundary does not
allow the zoning district map to be redrawn when, or if, the proposed road is constructed on an alignment other
Frederick County Planning Commission
Minutes of June 5, 2002 Page 877
Robert M. Sager - Aye
Margaret B. Douglas - Aye
Sidney A. Reyes - Aye
Lynda J. Tyler - Aye
Gina A. Forrester - Aye
PLANNING COMMISSION BUSINESS
PUBLIC HEARING
PUBLIC HEARING - CONDITIONAL USE PERMIT #09-02 OF FROG EYE FIBER
EMPORIUM, SUBMITTED BY MARY S. GROUNDWATER, FOR A COTTAGE
OCCUPATION -INSTRUCTIONAL CLASSES AND RETAIL SALES. THE
PROPERTY IS LOCATED AT 347 SCHOOLMARM LANE AND IS IDENTIFIED
WITH PROPERTY IDENTIFICATION NUMBERS 62-A-22 AND 62-A-21A IN THE
BACK CREEK MAGISTERIAL DISTRICT - APPROVED
Planner 11 Rebecca Ragsdale presented this request to the Board advising that the Planning
Commission recommended approval.
There was no public comment.
Upon motion made by Supervisor Douglas, seconded by Supervisor Smith, CUP #09-02 was
approved by the following recorded vote:
Richard C. Shickle - Aye
W. Harrington Smith, Jr. - Aye
Robert M. Sager - Aye
Margaret B. Douglas - Aye
Sidney A. Reyes - Aye
Lynda J. Tyler - Aye
Gina A. Forrester - Aye
PUBLIC HEARING - REZONING #03-02 OF HAZEL LAMBERT, SUBMITTED BY
GREENWAY ENGINEERING, TO REZONE 73 ACRES FROM RP (RESIDENTIAL
PERFORMANCE) TO B2 (BUSINESS GENERAL) DISTRICT. THIS PROPERTY
IS LOCATED AT THE SOUTHWESTERN CORNER OFTHE INTERSECTION OF
SENSENY ROAD (ROUTE 657) AND GREENWOOD ROAD (RT. 656), AND IS
IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBERS 65A-7-8 AND 65A-
7-9 IN THE SHAWNEE MAGISTERIAL DISTRICT - APPROVED
Planner II Jeremy Camp presented this request to the Board advising the Planning
Conunission recommended approval.
Supervisor Tyler had some questions concerning buffering.
Mark Smith representing the request appeared before the Board to respond to their questions.
He advised the owner was not 100% sure of exactly what would be going at this location, but
thought it would be similar to what is located across the street as far as the strip mall is concerned.
Supervisor Sager advised that the lighting and noise concerned him.
Supervisor Reyes asked how much acreage was at the site?
Minute Book Number 28
Board of Supervisors Meeting of 07/10/02
162
Mark Smith advised 1.3 acres.
Supervisor Forrester asked about proffers for fire and rescue.
Planner Camp explained the model calculations.
Blaine Dunn, area resident, appeared before the Board and advised that he was neither for
nor against this request, he did have some concerns with public issues such as zoning, trash etc.
Pat Gochenour, area resident and member of the Planning Commission, is not in favor of this
request as she feels the Board should know exactly what is going at the site before approving it.
George Sempeles, Stonewall District, felt that anything that would be put there would be an
improvement over what is currently there.
Bill Rosenberry, Shawnee District and member of the Planning Commission, advised at the
Planning Commission meeting, a neighbor, to the back of the property, in adjacent subdivision,
expressed concern about a two story building being built on the site, but lie too feels this plan would
be an improvement.
Supervisor Sager asked if the Board could revisit this again.
Administrator Riley advised they could ask; however, he would caution against it.
Supervisor Forrester asked about the requirements for a two story building.
Upon motion made by Supervisor Smith, seconded by Supervisor Douglas, rezoning 1103-02
of Hazel Lambert was approved by the following recorded vote:
Richard C. Shickle - Aye
W. Harrington Smith, Jr. - Aye
Robert M. Sager - Aye
Margaret B. Douglas - Aye
Sidney A. Reyes - Nay
Lynda J. Tyler - Nay
Gina A. Forrester - Nay
PUBLIC HEARING - REZONING #04-02 OF KIMERLY G. HENRY SUBMITTED
BY PAINTER LEWIS, P L C , TO REZONE 557 ACRES FROM B2 (BUSINESS
GENERAL) TO B3 (INDUSTRIAL TRANSITION) DISTRICT, AND .765 ACRES
FROM B3 (INDUSTRIAL TRANSITION) TO B2 (BUSINESS GENERAL)
DISTRICT. THE PARCELS ARE LOCATED ON FORT COLLIER ROAD
BETWEEN BAKER LANE AND HUNTINGTON MEADOWS SUBDIVISION, AND
ARE IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBERS 54-8-41, 42,
23 24 25 & 26 IN THE STONEWALL MAGISTERIAL DISTRICT - APPROVED
Director Lawrence presented this request to the Board advising that the Planning
Commission had unanimously recommended approval.
There was no public comment.
Minute Book Number 28
Board of Supervisors Meeting of 07/10/02
181
Robert M. Sager - Aye
Margaret B. Douglas - Aye
Sidney A. Reyes - Aye
Lynda J. Tyler - Aye
Gina A. Forrester - Aye
PLANNING COMMISSION BUSINESS
PUBLIC HEARING
PUBLIC HEARING - CONDITIONAL USE PERMIT 909-02 OF FROG EYE FIBER
EMPORIUM, SUBMITTED BY MARY S. GROUNDWATER, FOR A COTTAGE
OCCUPATION -INSTRUCTIONAL CLASSES AND RETAIL SALES. THE
PROPERTY IS LOCATED AT 347 SCHOOLMARM LANE AND IS IDENTIFIED
WITH PROPERTY IDENTIFICATION NUMBERS 62-A-22 AND 62-A-21A IN THE
BACK CREEK MAGISTERIAL DISTRICT -APPROVED
Planner lI Rebecca Ragsdale presented this request to the Board advising that the Planning
Conunission recommended approval.
There was no public continent.
Upon motion made by Supervisor Douglas, seconded by Supervisor Smith, CUP #09-02 was
approved by the following recorded vote:
Richard C. Shickle - Aye
W. Harrington Smith, Jr. - Aye
Robert M. Sager - Aye
Margaret B. Douglas - Aye
Sidney A. Reyes - Aye
Lynda J. Tyler - Aye
Gina A. Forrester - Aye
PUBLIC HEARING - REZONING #03-02 OF HAZEL LAMBERT, SUBMITTED BY
GREENWAY ENGINEERING, TO RE,EZONE 73 ACRES FROM RP (RESIDENTIAL
PERFORMANCE) TO B2 (BUSINESS GENERAL) DISTRICT. THIS PROPERTY
IS LOCATED AT THE SOUTHWESTERN CORNER OFTHE INTERSECTION OF
SENSENY ROAD (ROUTE 657) AND GREENWOOD ROAD (RT. 656), AND IS
IDENTIFIED WITII PROPERTY IDENTIFICATION NUMBERS 65A-7-8 AND 65A-
7-9 IN THE SHAWNEE MAGISTERIAL DISTRICT - APPROVED
Planner II Jeremy Camp presented this request to the Board advising the Planning
Commission recommended approval.
Supervisor Tyler had some questions concerning buffering.
Mark Smith representing the request appeared before the Board to respond to their questions.
He advised the owner was not 100% sure of exactly what would be going at this location, but
thought it would be similar to what is located across the street as far as the strip mall is concerned.
Supervisor Sager advised that the lighting and noise concerned him.
Supervisor Reyes asked how much acreage was at the site?
Minute Book Number 28
Board of Supervisors Meeting of 07/10/02
,sill • • II"
Mark Smith advised 1.3 acres.
Supervisor Forrester asked about proffers for fire and rescue.
Planner Camp explained the model calculations.
Blaine Dunn, area resident, appeared before the Board and advised that he was neither for
nor against this request, he did have some concerns with public issues such as zoning, trash etc.
Pat Gochenour, area resident and member of the Planning Commission, is not in favor of this
request as she feels the Board should know exactly what is going at the site before approving it.
George Sernpeles, Stonewall District, felt that anything that would be put there would be an
improvement over what is currently there.
Bill Rosenberry, Shawnee District and member of the Planning Commission, advised at the
Planning Commission meeting, a neighbor, to the back of the property, in adjacent subdivision,
expressed concern about a two story building being built on the site, but lie too feels this plan would
be an improvement.
Supervisor Sager asked if the Board could revisit this again.
Administrator Riley advised they could ask; however, he would caution against it.
Supervisor Forrester asked about the requirements for a two story building.
Upon motion made by Supervisor Smith, seconded by Supervisor Douglas, rezoning 903-02
of Hazel Lambert was approved by the following recorded vote:
Richard C. Shickle - Aye
W. Harrington Smith, Jr. - Aye
Robert M. Sager - Aye
Margaret B. Douglas - Aye
Sidney A. Reyes - Nay
Lynda J. Tyler - Nay
Gina A. Forrester - Nay
PUBLIC HEARING - REZONING #04-02 OF KIMERLY G. HENRY SUBMITTED
BY PAINTER LEWIS, P L C , TO REZONE 557 ACRES FROM B2 (BUSINESS
GENERAL) TO B3 (INDUSTRIAL TRANSITION) DISTRICT, AND .765 ACRES
FROM B3 (INDUSTRIAL TRANSITION) TO B2 (BUSINESS GENERAL
DISTRICT. THE PARCELS ARE LOCATED ON FORT COLLIER ROAD
BETWEEN BAKER LANE AND HUNTINGTON MEADOWS SUBDIVISION AND
ARE IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBERS 54-8-41, 42,
23 24 25 & 26 IN THE STONEWALL MAGISTERIAL DISTRICT - APPROVED
Director Lawrence presented this request to the Board advising that the Planning
Commission had unanimously recommended approval.
There was no public comment.
Minute Book Number 28
Board of Supervisors Meeting of 07/10/02
Robert M. Sager - Aye
Margaret B. Douglas - Aye
Sidney A. Reyes - Aye
Lynda J. Tyler - Aye
Gina A. Forrester - Aye
PLANNING COMMISSION BUSINESS
PUBLIC HEARING
PUBLIC HEARING - CONDITIONAL USE PERMIT #09-02 OF FROG EYE FIBER
EMPORIUM, SUBMITTED BY MARY S. GROUNDWATER, FOR A COTTAGE
OCCUPATION -INSTRUCTIONAL CLASSES AND RETAIL SALES. THE
PROPERTY IS LOCATED AT 347 SCHOOLMAIM LANE AND IS IDENTIFIED
WITH PROPERTY IDENTIFICATION NUMBERS 62-A-22 AND 62-A-21A IN THE
BACK CREEK MAGISTERIAL DISTRICT - APPROVED
Planner II Rebecca Ragsdale presented this request to the Board advising that the Planning
Conunission reconurrended approval.
There was no public comment.
Upon motion made by Supervisor Douglas, seconded by Supervisor Smith, CUP #09-02 was
approved by the following recorded vote:
Richard C. Shickle - Aye
W. Harrington Smith, Jr. - Aye
Robert M. Sager - Aye
Margaret B. Douglas - Aye
Sidney A. Reyes - Aye
Lynda J. Tyler - Aye
Gina A. Forrester - Aye
PUBLIC HEARING - REZONING #03-02 OF HAZEL LAMBERT, SUBMITTED BY
GREENWAY ENGINEERING, TO RE,EZONE 73 ACRES FROM RP (RESIDENTIAL
PERFORMANCE) TO B2 (BUSINESS GENERAL) DISTRICT. THIS PROPERTY
IS LOCATED AT THE SOUTHWESTERN CORNER OF THE INTERSECTION OF
SENSENY ROAD (ROUTE 657) AND GREENWOOD ROAD (RT. 656), AND IS
IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBERS 65A-7-8 AND 65A-
7-9 IN THE SHAWNEE MAGISTERIAL DISTRICT - APPROVED
Plaimer II Jeremy Camp presented this request to the Board advising the Plaruiing
Commission recommended approval.
Supervisor Tyler had some questions concerning buffering.
Mark Smith representing the request appeared before the Board to respond to their questions.
He advised the owner was not 100% sure of exactly what would be going at this location, but
thought it would be similar to what is located across the street as far as the strip mall is concerned.
Supervisor Sager advised that the lighting and noise concerned him.
Supervisor Reyes asked how much acreage was at the site?
Minute Book Number 28
Board of Supervisors Meeting of 07/10/02
1621
Mark Smith advised 1.3 acres.
Supervisor Forrester asked about proffers for fire and rescue.
Planner Camp explained the model calculations.
Blaine Dunn, area resident, appeared before the Board and advised that he was neither for
nor against this request, he did have some concerns with public issues such as zoning, trash etc.
Pat Gochenour, area resident and member of the Planning Commission, is not in favor of this
request as she feels the Board should know exactly what is going at the site before approving it.
George Sempeles, Stonewall District, felt that anything that would be put there would be an
improvement over what is currently there.
Bill Rosenberry, Shawnee District and member of the Planning Commission, advised at the
Planning Commission meeting, a neighbor, to the back of the property, in adjacent subdivision,
expressed concern about a two story building being built on the site, but he too feels this plan would
be an improvement.
Supervisor Sager asked if the Board could revisit this again.
Administrator Riley advised they could ask; however, he would caution against it.
Supervisor Forrester asked about the requirements for a two story building.
Upon motion made by Supervisor Smith, seconded by Supervisor Douglas, rezoning #03-02
of Hazel Lambert was approved by the following recorded vote:
Richard C. Shickle - Aye
W. Harrington Smith, Jr. - Aye
Robert M. Sager - Aye
Margaret B. Douglas - Aye
Sidney A. Reyes - Nay
Lynda J. Tyler - Nay
Gina A. Forrester - Nay
PUBLIC HEARING - REZONING 904-02 OF KIMERLY G. HENRY SUBMITTED
BY PAINTER-LEWIS, P.L.C., TO REZONE .557 ACRES FROM B2 (BUSINESS
GENERAL) TO B3 INDUSTRIAL TRANSITION) DISTRICT, AND .765 ACRES
FROM B3 (INDUSTRIAL TRANSITION) TO B2 (BUSINESS GENERAL)
DISTRICT. THE PARCELS ARE LOCATED ON FORT COLLIER ROAD
BETWEEN BAKER LANE AND HUNTINGTON MEADOWS SUBDIVISION AND
ARE IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBERS 54-8-41 42
23 24 25 & 26 IN THE STONEWALL MAGISTERIAL DISTRICT - APPROVED
Director Lawrence presented this request to the Board advising that the Planning
Commission had unanimously recommended approval.
There was no public comment.
Minute Book Number 28
Board of Supervisors Meeting of 07/10/02
0 -5-
acres from RA (Rural Areas) to B2 (Business General) District, to allow the applicant to contact the residents
of the area concerning their view of the proposal, to clarify the proffer statement, to examine the possibility
of limiting sign height and size, and to re-examine the applicant's list of prohibited uses.
Rezoning 03-02 of Hazel Lambert, submitted by Greenway Engineering, to rezone .73 acres from RP
(Residential Performance) to B2 (Business General) District. This property is located at the
southwestern corner of the intersection of Senseny Road (Rt. 657) and Greenwood Road (Rt. 656), and
is identified with Property Identification Numbers 65A-7-8 and 65A-7-9 in the Shawnee Magisterial
District.
Action - Recommended Approval with Proffers
Mr. Jeremy F. Camp, Planner, read the background information and review agency comments.
Planner Camp stated that the rezoning does not directly conflict with the land use goals identified in the
Comprehensive Policy Plan, however, the staff believed the application could be substantially improved to more
effectively mitigate potential negative impacts. Planner Camp identified the potential impacts and issues which
included, the Frederick County Bicycle Plan: the possible designation of additional land for future road
improvements and a bicycle lane along Senseny Road; the negative impact to Fire and Rescue Service:
provision of efforts to mitigate the projected negative impacts which were projected by the County's Capital
Facilities Fiscal Impact Model; the visual impacts resulting from large signs and parking: the consideration of
the utilization of less intensive signage and limiting all future parking to the southern portion of the two parcels;
the impact of future business uses on existing residential uses: consideration of the provision of additional
landscaping, particularly along Senseny Road, and consideration in prohibiting other potentially inappropriate
uses.
Planner Camp next reviewed the applicant's proffer statement, pointing out several items that
needed clarification and providing staff comments on several others.
Mr. Mark Smith of Greenway Engineering was representing Hazel Lambert, the property
owner. Mr. Smith explained that Mrs. Lambert, a widow, is seeking to increase the value of the property by
rezoning it, in order to assist with her retirement. Mr. Smith said that they are aware of VDOT's right-of-way
constraints and this issue is addressed in their proffer; he stated they will dedicate right-of-way on Senseny
Road and Greenwood Road. Mr. Smith said that he met with the adjoining property owners in Saratoga
Meadows and, in those discussions, noise and sound became the issue. He said they offered the sound wall
concept, which was acceptable; however, the lot owner to the rear preferred to have landscaping rather than
a sound wall. Mr. Smith said he was not aware of the intended bicycle path, but will provide an additional
easement, up to 10' in width along Senseny Road, as directed and requested by VDOT. Regarding the proffer
made to Fire and Rescue Services, Mr. Smith said that overall, the fiscal impact analysis results were positive
for their proposal. Mr. Smith added that he did not address signs or parking in the proffer because he wanted
to give the potential future user the full flexibility the ordinance would allow; however, he would be willing to
discuss height limitations for signs.
Commissioner Straub inquired if this project would still be viable in light of VDOT's intention
of widening Greenwood Road and the right-of-way that would be needed. Mr. Smith pointed to a hatched area
Frederick County Planning Commission
Nfinutes of June 5, 2002 Page 875
• -6- •
on a map which was land intended to be dedicated to VDOT for right-of-way. Commissioner Straub expressed
concerns about the possibility of a two-story building that would hover over the adjoining property owner's
swimming pool. Mr. Smith envisioned the future business structure having a residential flavor to its
appearance; he believed a two-story structure was appropriate in this area, especially on this small -sized lot.
Chairman DeHaven called for public comments and the following person came forward to
speak:
Mr. Robert Stiff, adjoining property owner at 104 Stirrup Cup Circle, said that he did have
concerns, although some of those concerns have been addressed. Mr. Stiff said he was concerned about the
possibility ofa two-story structure overlooking his swimming pool and property. He told the Commission that
he had erected a fence in his back yard, so some of the uses proposed will be okay with him. He commented
on the possibility that the proposed use would improve the appearance of the corner property. He believed the
sound wall was an appropriate measure; he believed lighting was still an issue; he was not in favor of filling
station, car lot, or batting cages. Mr. Stiff said that after a user has been identified, he would still like to be
included in the approval process. Mr. Stiff thanked the Planning Staff and Mr. Smith for involving him in the
process. He believed that developing the property could improve its appearance, if it is done properly.
Commissioner Thomas responded to concerns raised about traffic on Senseny Road. He
commented that the subject property is a three -quarter -acre commercial area on a corner that will be a
neighborhood business and that he believed would not draw traffic from outside of the Senseny Road corridor.
He said the developer has shown that he is willing to work with the neighbors; he suggested that the applicant
review the proffer statement between now and the Board meeting and perhaps include a statement that the
development would be aesthetically compatible with the surrounding residential neighborhood.
Chairman DeHaven inquired if the bike path issue was a VDOT-constructed and maintained
pathway; he asked if the easement offered by the applicant was a viable alternative to having it exist on
dedicated right-of-way.
Mr. Jerry Copp, VDOT's Resident Engineer, replied that he knew of no design plans for any
bike path; he believed this was a County -initiated concept. In regards to the issue of the design of Greenwood
Road to the south raised by another member of the Commission, Mr. Copp stated that while the project is on
the outlying years of the Secondary Construction Program, VDOT has not begun any design whatsoever. Mr.
Copp explained that when they were approached by the applicant, VDOT used the criteria for the north side
of Senseny Road for Greenwood and applied that same criteria to the South side. He commented that this was
the best they could do to establish a long-range vision.
Chairman DeHaven also commented to the applicant that he believed the sound wall and
landscaping easement approach was good, however, he got the impression it was an "either-or" situation.
Mr. Smith hoped that if the rezoning was granted by the Planning Commission and the Board
of Supervisors, that the Board of Zoning Appeals would look favorably on allowing them to construct the wall.
He said he did not see a need to add landscaping along the wall, especially on the B2 side and since the wall
is intended to be constructed on the property line, there would not be the ability to provide landscaping on the
residential side.
Mr. Smith added that he would'revise the proffer to eliminate the "adult retail" use and would
Frederick County Planning Commission
Minutes of June 5, 2002 Page 876
0 -7- •
also re-examine some of the other uses; he would revise the proffer to include the provision of a ten -foot
easement; he will revise the proffer to state that there will be no windows on the side of the structure facing the
swimming pool; and, he would contact they neighbors again before the Board meeting. Mr. Smith intended
to keep his option open for permitting a two-story structure; if the rezoning was not approved, they had the
option of placing two two-story residential structures on the property.
The Planning Commission believed a neighborhood business at this intersection was
appropriate; they did not believe a neighborhood business at this location would draw additional traffic from
outside of the Senseny Road corridor; they believed that the neighborhood business area needed to be
concentrated and not spread out down Senseny Road; they believed the outstanding issues had been addressed
by the applicant.
Upon motion made by Commissioner Morris and seconded by Commissioner Thomas,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend
approval of Rezoning Application 903-02 of Hazel Lambert, submitted by Greenway Engineering, to rezone
.73 acres from RP (Residential Performance) to B2 (Business General) District with proffers submitted by the
applicant to include: the provision of a ten -foot easement for a future bicycle path as required by VDOT; the
elimination of an "adult retail" use; and the elimination of windows on the west side of any structures.
This recommendation was made by the following majority vote:
YES (TO APPROVE).: Watt, Unger, Morris, Light, DeHaven, Thomas, Ours, Kriz, Fisher, Triplett,
Rosenberry
NO: Straub, Gochenour
Rezoning #04-02 of Kimerly G. Henry, submitted by Painter -Lewis, P.L.C., to rezone .557 acres from
B2 (Business General) to B3 (Industrial Transition) District, and .765 acres from B3 (Industrial
Transition) to B2 (Business General) District. The parcels are located on Fort Collier Road, between
Baker Lane and Huntington Meadows subdivision, and are identified with Property Identification
Numbers 54-8-41, 42 and 24, and 54-A-97L and 97F in the Stonewall Magisterial District.
Action - Recommended Approval
Mr. Eric R. Lawrence, Planning Director, described the proposed rezoning as an effort to
clarify the location of some zoning district lines, utilizing Fort Collier Road as the zoning district boundary,
which results in B2 on the south side of Fort Collier Road, and the B3 on the north side of Fort Collier Road.
Director Lawrence said that in 1987, the property was rezoned from M 1 to a combination of B2 and B3. Since
that rezoning occurred in 1987, Fort Collier Road was constricted at a slightly different location than when
it was proposed as "Gordan Drive" and it actually severed some of the approved zoning. Director Lawrence
stated that a subsequent relocation of a proposed road intended to provide a zoning district boundary does not
allow the zoning district map to be redrawn when, or if, the proposed road is constructed on an alignment other
Frederick County Planning Commission
Minutes of June 5, 2002 Page 877
' • -5- •
acres from RA (Rural Areas) to B2 (Business General) District, to allow the applicant to contact the residents
of the area concerning their view of the proposal, to clarify the proffer statement, to examine the possibility
of limiting sign height and size, and to re-examine the applicant's list of prohibited uses.
-------------
Rezoning H03-02 of Hazel Lambert, submitted by Greenway Engineering, to rezone .73 acres from RP
(Residential Performance) to B2 (Business General) District. This property is located at the
southwestern corner of the intersection of Senseny Road (Rt. 657) and Greenwood Road (Rt. 656), and
is identified with Property Identification Numbers 65A-7-8 and 65A-7-9 in the Shawnee Magisterial
District.
Action - Recommended Approval with Proffers
Mr. Jeremy F. Camp, Planner, read the background information and review agency comments.
Planner Camp stated that the rezoning does not directly conflict with the land use goals identified in the
Comprehensive Policy Plan, however, the staff believed the application could be substantially improved to more
effectively mitigate potential negative impacts. Planner Camp identified the potential impacts and issues which
included, the Frederick County Bicycle Plan: the possible designation of additional land for future road
improvements and a bicycle lane along Senseny Road; the negative impact to Fire and Rescue Service:
provision of efforts to mitigate the projected negative impacts which were projected by the County's Capital
Facilities Fiscal Impact Model; the visual impacts resulting from large signs and parking: the consideration of
the utilization of less intensive signage and limiting all future parking to the southern portion of the two parcels;
the impact of future business uses on existing residential uses: consideration of the provision of additional
landscaping, particularly along Senseny Road, and consideration in prohibiting other potentially inappropriate
uses.
Planner Camp next reviewed the applicant's proffer statement, pointing out several items that
needed clarification and providing staff comments on several others.
Mr. Mark Smith of Greenway Engineering was representing Hazel Lambert, the property
owner. Mr. Smith explained that Mrs. Lambert, a widow, is seeking to increase the value of the property by
rezoning it, in order to assist with her retirement. Mr. Smith said that they are aware of VDOT's right-of-way
constraints and this issue is addressed in their proffer; he stated they will dedicate right-of-way on Senseny
Road and Greenwood Road. Mr. Smith said that he met with the adjoining property owners in Saratoga
Meadows and, in those discussions, noise and sound became the issue. I-Ie said they offered the sound wall
concept, which was acceptable; however, the lot owner to the rear preferred to have landscaping rather than
a sound wall. Mr. Smith said he was not aware of the intended bicycle path, but will provide an additional
easement, up to 10' in width along Senseny Road, as directed and requested by VDOT. Regarding the proffer
made to Fire and Rescue Services, Mr. Smith said that overcill, the fiscal impact analysis results were positive
for their proposal. Mr. Smith added that lie did not address signs or parking in the proffer because he wanted
to give the potential future user the full flexibility the ordinance would allow; however, he would be willing to
discuss height limitations for signs.
Commissioner Straub inquired if this project would still be viable in light ofVDOT's intention
of widening Greenwood Road and the right-of-way that would be needed. Mr. Smith pointed to a hatched area
Frederick County Planning Commission
Minutes of June 5, 2002 Page 875
ow
on a map which was land intended to be dedicated to VDOT for right-oC way. Commissioner Straub expressed
concerns about the possibility of a two-story building that would hover over the adjoining property owner's
swimming pool. Mr. Smith envisioned the future business structure having a residential flavor to its
appearance; he believed a two-story structure was appropriate in this area, especially on this small -sized lot.
Chairman DeHaven called for public comments and the following person came forward to
speak:
Mr. Robert Stiff, adjoining property owner at 104 Stirrup Cup Circle, said that he did have
concerns, although some of those concerns have been addressed. Mr. Stiff said he was concerned about the
possibility ofatwo-story structure overlooking his swimming pool and property. He told the Commission that
he had erected a fence in his back yard, so some of the uses proposed will be okay with him. I-Ie commented
on the possibility that the proposed use would improve the appearance of the corner property. He believed the
sound wall was an appropriate measure; lie believed lighting was still an issue; he was not in favor of a filling
station, car lot, or batting cages. Mr. Stiff said that after a user has been identified, he would still like to be
included in the approval process. Mr. Stiff thanked the Planning Staff and Mr. Smith for involving him in the
process. He believed that developing the property could improve its appearance, if it is done properly.
Commissioner Thomas responded to concerns raised about traffic on Senseny Road. He
commented that the subject property is a three -quarter -acre commercial area on a corner that will be a
neighborhood business and that lie believed would not draw traffic from outside of the Senseny Road corridor.
He said the developer has shown that lie is willing to work with the neighbors; he suggested that the applicant
review the proffer statement between now and the Board meeting and perhaps include a statement that the
development would be aesthetically compatible with the surrounding residential neighborhood.
Chairman DeHaven inquired if the bike path issue was a VDOT-constructed and maintained
pathway; he asked if the easement offered by the applicant was a viable alternative to having it exist on
dedicated right-of-way.
Mr. Jerry Copp, VDOT's Resident Engineer, replied that he knew of no design plans for any
bike path; lie believed this was a County -initiated concept. In regards to the issue of the design of Greenwood
Road to the south raised by another member of the Commission, Mr. Copp stated that while the project is on
the outlying years of the Secondary Construction Program, VDOT has not begun any design whatsoever. Mr.
Copp explained that when they were approached by the applicant, VDOT used the criteria for the north side
of Senseny Road for Greenwood and applied that same criteria to the South side. He commented that this was
the best they could do to establish a Iona -range vision.
Chairman DeHaven also commented to the applicant that he believed the sound wall and
landscaping easement approach was good, however, he got the impression it was an "either-or" situation.
Mr. Smith hoped that if the rezoning was granted by the Planning Commission and the Board
Of Supervisors, that the Board of Zoning Appeals would look favorably on al lowing them to construct the wall.
He said lie did not see a need to add landscaping along the wall, especially on the B2 side and since the wall
is intended to be constructed on the property line, there would not be the ability to provide landscaping on the
residential side.
Mr. Smith added that lie would revise the proffer to eliminate the "adult retail" use and would
Frederick County Planning Commission
Minutes of June 5, 2002
Page876
also re-examine some of the other uses; he would revise the proffer to include the provision of a ten -foot
easement; he will revise the proffer to state that there will be no windows on the side of the structure facing the
swimming pool; and, lie would contact they neighbors again before the Board meeting. Mr. Smith intended
to keep his option open for permitting a two-story structure; if the rezoning was not approved, they had the
option of placing two two-story residential structures on the property.
Tile Planning Commission believed a neighborhood business at this intersection was
appropriate; they did not believe a neighborhood business at this location would draw additional traffic from
outside of the Senseny Road corridor; they believed that the neighborhood business area needed to be
concentrated and not spread out down Senseny Road; they believed the outstanding issues had been addressed
by the applicant.
Upon motion made by Commissioner Morris and seconded by Commissioner Thomas,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend
approval of Rezoning Application #03-02 of Hazel Lambert, submitted by Greenway Engineering, to rezone
.73 acres from RP (Residential Performance) to B2 (Business General) District with proffers submitted by the
applicant to include: the provision of a ten -foot easement for a future bicycle path as required by VDOT; the
elimination of an "adult retail" use; and the elimination of windows on the west side of any structures.
This recommendation was made by the following majority vote:
YES (TO APPROVE): Watt, Unger, Morris, Light, DeI-Iaven, Thomas, Ours, Kriz, Fisher, Triplett,
Rosenberry
NO: Straub, Gochenour
Rezoning #04-02 of Kimerly G. Henry, submitted by Painter -Lewis, P.L.C., to rezone .557 acres from
B2 (Business General) to B3 (Industrial Transition) District, and .765 acres from B3 (Industrial
Transition) to B2 (Business General) District. The parcels are located on Fort Collier Road, between
Baker Lane and Huntington Meadows subdivision, and are identified with Property Identification
Numbers 54-8-41, 42 and 24, and 54-A-97L and 97F in the Stonewall Magisterial District.
Action - Recommended Approval
Mr. Eric R. Lawrence, Planning Director, described the proposed rezoning as an effort to
clarify the location of some zoning district lines, utilizing Fort Collier Road as the zoning district boundary,
which results in B2 on the south side of Fort Collier Road, and the B3 on the north side of Fort Collier Road.
Director Lawrence said that in 1987, the property was rezoned from M 1 to a combination of B2 and B3. Since
that rezoning occurred in 1987, Fort Collier Road was constructed at a slightly different location than when
it was proposed as "Gordan Drive" and it actually severed some of the approved zoning. Director Lawrence
stated that a subsequent relocation of a proposed road intended to provide a zoning district boundary does not
allow the zoning district map to be redrawn when, or if, the proposed road is constructed on an alignment other
Frederick County Planning Commission
Minutes of June 5, 2002 Page 877
0
0
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/665-6395
�io�rir�c�\l'IOI I Or" i'J1-BL IC rIEARIINIG
May 22, 2002
TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S)
RE: REZONING #03-02 OF HAZEL LAMBERT
On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing
being held on Wednesday, June 5, 2002, at 7:00 p.m. in the board room of the Frederick County
Administration Building at 107 N. Kent Street, Winchester, Virginia to consider the following:
Rezoning #03-02 of Hazel Lambert, submitted by Greenway Engineering, to rezone .73 acres from
RP (Residential Performance) to B2 (Business General) District. This property is located at the
southwestern corner of the intersection of Senseny Road (Rt. 657) and Greenwood Road (Rt. 656), and
is identified with Property Identification Numbers 65A-7-8 and 65A-7-9 in the Shawnee Magisterial
District.
Any interested parties having questions or wishing to speak may attend this public hearing. A copy of
the application will be available for review at the Handley Library the week of the meeting, or at the
Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia.
Sincerely,
Jeremy F. Camp
Planner II
JFC/ch
107 North Kent Street • Winchester, Virginia 22601-5000
This is to certify that the attached correspondence was mailed to the following on
from the Department of Planning and Development, Frederick
County, V' gitN . aI65A - 7- - 8- Qhd 9
LAMBERT, HAZEL C
65G - 1 38-A
SARATOGA MEADOWS HOMEOWNERS, INC
PO BOX 809
WINCHESTER, VA 22604.0809
65G - 1- 37-
TIMBROOK, ELIZABETH J
106 STIRRUP CUP CIR
WINCHESTER, VA 22602-6830
65G - 1- - 36-
STIFF, ROBERT ARLEN & BRENDA S
104 STIRRUP CUP CIR
WINCHESTER, VA 22602-6830
65A - 7- - 7
223 ROSSUM LN
WINCHESTER, VA 22602.6740
55 - A- - 194-
GLASS, THOMAS C
GMG PROPERITES CIO VA PROP GRP
19 W BOSCAWEN ST
WINCHESTER, VA 22601.4701
55 - A- - 198-
COWLEY, WILLIAM F
1893 SENSENY RD
WINCHESTER, VA 22602.8908
65G - 1 - 28-A
SARATOGA MEADOWS HOMEOWNERS, INC
KERNS, KATHY S. PO BOX 809
WINCHESTER, VA 22604.0809
918 GREENWOOD RD
WINCHESTER, VA. 22602-6574
65G - 1- - 35-
BROWN, CAROL E
102 STIRRUP CUP CIR
WINCHESTER, VA 22602.6830
55 - A- - 196-
CLARK, CORA V� C
1932 SENSENY RD Jere y F. C6hp, Planner II
WINCHESTER, VA 22602.8904 Frederick Co. Planning Dept.
J I A I h Ur VIMAINIA
COUNTY OF FREDERICK
�I �1
I, b�b Pnn '-0 , a Notary Public in and for the State and County
aforesaid, do hereby certify that Jeremy F. Camp, Planner II for the Department of Planning and
Development, whose name is signed to the foregoing, dated I I cQo� ,has
personally appeared before me and acknowledged the same in my State and County aforesaid.
Given under my hand this C day of j y�l �l C�C'oo�
I
My commission expires on r 1 I)
r
Mr. Mark D. Smith _ k
Greenway Engineering L
151 Windy Hill Lane NOTARY PUBLIC
Winchester, VA 22602
-07-
ADJOINING PROPERTY OWNERS
TO: Barbara in Data Processing
FROM: C&I Huff - Planning Department
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Saratoga Meadows Homeowners 65G-((1))-38A PO Box 809 Winc, 22604
Travis J. Tisinger 65G-((1))-37 106 Stirrup Cup Circle Winc
Robert Stiff 65G-((1))-36 104 Stirrup Cup Circle Winc
Kathy S. Kerns 65A-((7))-7 918 Greenwood Rd Winc
Carol E. Brown 65G-((1))-35 102 Stirrup Cup Circle Winc
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SARATOGA MEADOWS HOMEOWNERS, INC
PO BOX 809
WINCHESTER, VA 22604.0809
65G - 1- - 37-
TIMBROOK, ELIZABETH J
106 STIRRUP CUP CIR
WINCHESTER,VA 22602.6830
65G - 1- - 36-
STIFF, ROBERT ARLEN & BRENDA S
104 STIRRUP CUP CIR
WINCHESTER, VA 22602.6830
65G - 1- - 38-A
SARATOGA MEADOWS HOMEOWNERS, INC
PO BOX 809
WINCHESTER, VA 22604-0809
65G - 1- - 37-
TIMBROOK, ELIZABETH J
106 STIRRUP CUP CIR
WINCHESTER, VA 22602.6830
65G - 1- - 36-
STIFF, ROBERT ARLEN & BRENDA S
104 STIRRUP CUP CIR
WINCHESTER, VA 22602.6830
65A - 7- - 7- 65A - 7- - 7-
KERNS, KATHY S. KERNS, KATHY S.
918 GREENWOOD RD 918 GREENWOOD RD
WINCHESTER, VA. 22602.6574 WINCHESTER, VA. 22602.6574
65G - 1- - 35- 65G - 1- - 35-
BROWN, CAROL E BROWN, CAROL E
102 STIRRUP CUP CIR 102 STIRRUP CUP CIR
WINCHESTER, VA 22602.6830 WINCHESTER, VA 22602.6830
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65A 7 8
LAMBERT, HAZEL C
223 ROSSUM LN
WINCHESTER, VA 22602 6740
65A 7 9
LAMBERT, HAZEL C
223 ROSSUM LN
WINCHESTER, VA 22
65A 7 9
LAMBERT, HAZEL C
223 ROSSUM LN
WINCHESTER, VA
55 A 194
GLASS, THOMAS C
GMG PROPERITES CIO VA PROP GRP
19 W BOSCAWEN ST
WINCHESTER, VA 226014701
55 A 198
COWLEY, WILLIAM F
1893 SENSENY RD
WINCHESTER, VA
226028908
65G 1 28 A
SARATOGA MEADOWS HOMEOWNERS, INC
PO BOX 809
WINCHESTER, VA 226040809
va AVERY Address Labels
65A 7 8
LAMBERT, HAZEL C
223 ROSSUM LN
WINCHESTER, VA
65A 7 9
LAMBERT, HAZEL C
223 ROSSUM LN
WINCHESTER, VA
65A 7 9
LAMBERT, HAZEL C
223 ROSSUM LN
WINCHESTER, VA
226026740
226026740
22602 6740
55 A 194
GLASS, THOMAS C
GMG PROPERITES CIO VA PROP GRP
19 W BOSCAWEN ST
WINCHESTER, VA 22601 4701
55 A 198
COWLEY, WILLIAM F
1893 SENSENY RD
WINCHESTER. VA
226028908
65G 1 28 A
SARATOGA MEADOWS HOMEOWNERS, INC
PO BOX 809
WINCHESTER, VA 22604 0809
AVERY
AVERY
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55 • A• • 196-
CLARK, CORA V
1932 SENSENY RD
WINCHESTER,VA
22602.8904
55 • A• • 196-
CLARK, CORA V
1932 SENSENY RD
WINCHESTER,VA
22602.8904
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TO:
FROM:
SUBJECT:
DATE:
Shawnee Supervisor
Red Bud Supervisor
8011Y VO R WE
R] FOR MAJI, Oil
OUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/665-6395
MEMORANDUM
Shawnee Commissioners
Red Bud Commissioners
Eric R. Lawrence, Interim Director Qom""-PV Co CMG '
Applications for Planning Commission Meeting of June 5, 2002
May 17, 2002
Please note that the Hazel Lambert rezoning is located in the Shawnee Magisterial District and
not the Red Bud District. We are sorry for this oversight.
The staff has received the following applications for property within your magisterial district and are
scheduled to be considered by the Planning Commission on June 5, 2002. Please contact our staff,
should you have any questions or comments regarding these applications. Thank you.
REZ - Hazel Lambert - .73 ac. from RP to B2-(Red Btid) (Shawnee)
ERL/rsa
cc: Richard Shickle, Board of Supervisors Chairman
FILE: CAMyFiles\Action Summary\correction_memo_applications_schedule_BOS_PC.Nvpd
107 North Kent Street • Winchester, Virginia 22601-5000
0 � I UE 'C � P �1'
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/665-6395
MEMORANDUM
TO: Back Creek Supervisor
Back Creek Commissioners
Stonewall Supervisor
Stonewall Commissioners
Red Bud Supervisor
Red Bud Commissioners
FROM: Eric R. Lawrence, Interim Director
SUBJECT: Applications for Planning Commission Meeting of June 5, 2002
DATE: May 15, 2002
The staff has received the following applications for property within your magisterial district and are
scheduled to be considered by the Planning Commission on June 5, 2002. Please contact our staff,
should you have any questions or comments regarding these applications. Thank you.
REZ - Hazel Lambert - .73 ac. from RP to B2 (Red Bud)
REZ - Sherwood Bryant - 7.8691 ac, from RA to B2 (,Back Creek)
REZ - Kimerly G. Henry - .557 ac. from B2 to B3 & .765 ac. from B3 to B2 (Stonewall)
REZ - Red Bud Run (McTiernan) - 157.01 ac. from RA to RP (Stonewall)
ERL/rsa
cc: Richard Shickle, Board of Supervisors Chairman
FILE: CAMyFiles\Action Sununary\inemo_applications_schedtile_BOS_PC.%vpd
107 North Kent Street - Winchester, Virginia 22601-5000
0 1 �C:) CHU
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 665-6395
MEMORANDUM
TO: Finance Department 4/
FROM: Karen A. Cain, Receptionist/Office Assistant II
SUBJECT: Return Of Sign Deposit
DATE: July 18, 2002
The amount of $50.00 was deposited in line item 43-010-019110-0008 for the person named below
as a deposit for a sign for Rezoning Application #03-02. They have now returned the sign and are
therefore entitled to the return of their deposit. You may pay this through the regular bill cycle.
Please send a check in the amount of $50.00 to:
Ms. hazel Lambert
223 Rossum Lane
Winchester, VA 22602
RSA/kac
UAKaren\karens' staff\ConIII on\SIGNRTRN.I-S'IASIGNDER 131?R
107 North Kent Street • Winchester, Virginia 22601-5000
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JOB NO. 3137
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July 28, 2003
The undersigned residents of the Saratoga Meadows Subdivision,
Frederick County, Virginia hereby petition the County Board of
Supervisors to modify the proffer associated with the rezoning of
the property at the southwest corner of Senseny and Greenwood
Roads to prohibit the construction of an automatic 24 hour car
wash. The noise would seriously affect the character and livability
of our community as well as severely diminish property values.
We strongly object to the fact that a car wash project has already
progressed so far without we homeowners knowing it was to be
built. A car wash belongs in a commercial district, not
immediately adjacent to residences.
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SCALE 50' DATE : FEI3RLJAIZY 15
GREENWAY, INC.
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970 Baker Lan Winchester,
Virginia SI- 22603
dent 703-662-4195
H, Bruce
SURVEYING - DESIGNING - PLANNING
E RESIDENTIAL • AGRICULTURAL • COMMERCIAL • INDUSTRIAL • CONSTRUCTION
8
o���p.LTH OF D,'
. BRUCE EDENS
NO.000162-B
vR�
SHEET 15 of 1
6
• 0
Greenway Engineering Oebruary 25, 2002
HAZEL C. LAMBERT REZONING
INTRODUCTION
H10, C. Lambert
Rezoning
This report has been prepared for the purpose of assessing the impact on Fredrick County
by the proffered rezoning of an .73-acre parcel owned by Hazel C. Lambert. The subject
site is located on the western corner of the intersection of Routes 657 (Senseny Road) and
656 (Greenwood Road). The current zoning is RP (Single Family Residential -Suburban).
Hazel C. Lambert proposes to rezone .73-acre from RP (Residential P-rformance) to B2
(Business General). See attached Proposed Zoning Map.
Basic information
Location:
Magisterial District:
Property ID Numbers:
Current Zoning:
Current Use:
Proposed Use:
Proposed Zoning:
Total rezoning area:
Proposed build -out
COMPREHENSIVE PLAN
1. Urban Development Area
Intersection of Routes 657 & 656
Red Bud
65A-((7))-8, 65A-((7))-9
RP
Seigle Family Residential -Suburban
Business General
B2
.73 acre
10,000 SF
Expansion of the Urban Development Area (UDA) beyond its existing boundary is not
required by this application.
2. Sewer and Water Service Area
Expansion of the Sewer and Water Service Area (SWSA) beyond its existing boundary is
not required by this application.
A. SUITABILITY OF THE SITE
Access
Access to the subject site, tax parcels 65A-((7))-8 and 65A-((7))-9, is gauped by a drive
way which is located off of Route 656 (Greenwood Road) on the eastern boundary.
2
Greenway Engineering *February 25, 2002 Al C. Lambert
Rezoning
Flood Plains
The subject site is located on the FEMA NFIP map #510063-0115 -B. The entire site is
located as "Zone C", area outside the 100-year flood plain.
Wetlands
There are no visible wetlands on this site. Any disturbance of this area will be in
conformance with Army Corps of Engineers and Department of Environmental Quality
permitting procedures.
Soil Types
The following soil types contained in this tract have been obtained from the Soil Survey
of Fredrick County, published by the USDA Soil Conservation Service.
The subject site is located on map sheet number 36, and contains one soil type:
913-Clearbrook Channery silt loam — 2-7 percent slope, covers 100% of site
B. SURROUNDING PROPERTIES
Adjoining property zoning; and present use:
North: Route 657 (Senseny Road)
South: Zoned RP (Residential Performance) District
See existing Zoning Map
East: Route 656 (Greenwood Road)
West: Zoned RP (Residential Performance) District
C. TRANSPORTATION
1. Traffic
With a general office use (ITE 170) of 10,000 SF, the ITE traffic projection of 11.01
VPD/1000 SF or 110 VPD is anticipated. If a higher traffic use of specialty retail
center (ITE 814) is proposed for 10,000 SF, the ITE traffic projections of 40.67/1000
SF or 407 VPD is anticipated. Therefore, the traffic should range from 100 to 400
vehicles per day.
3
Greenway Engineering *February 25, 2002 Al C. Lambert
Rezoning
D, SEWAGE CONVEYANCE AND WATER SUPPLY
Due to the rezoning of the site from RP (Residential Performance) to B2 (Business
General), the subject site in question will have a neglible uicrease to the amount of
sewage waste that is disbursed into the eastern portion of the Sewer and Water Service
Area (SWSA). With a general office use of gross 10,000 SF/8,000 SF net, a sewage
projection of 0.20 gallons per day per net square feet or 1,600 gallons per day is
anticipated.
F. DRAINAGE
A small increase in the amount of drainage is anticipated with the development of the
0.73 acres. Onsite detention will be provided to manage this increased runoff.
G. SOLID WASTE DISPOSAL
The proposed rezoning from RP (Residential Performance) to B2 (Business General) will
not have a significant affect on the solid waste disposal for the Frederick County area.
H. HISTORICAL SITES AND STRUCTURES
1. Virginia Division of Historic Landmarks
The Virginia Division of historic Landmarks inventoried one historic landmark:
a.) Sylvie Taylor House, file #34-414.
2. Winchester Regional Preservation Office Department of historic Resources
There were no archeological artifacts found on the site.
Based on the Historic Resources Advisory Board comment letter dated February 6, 2002,
the Hazel Lambert property does not significantly impact any historic properties.
0
9
IMPACT STATEMENT
HAZEL C. LAMBERT
REZONING
Red Bud District
Frederick County, Virginia
TM 65A-((7))-8, 65A-((7))-9
.73 Acres
February 25, 2002
Current Owner: Hazel C. Lambert
Contact Person: Mark D. Smith, P.E., L.S.
Greenway Engineering
151 Windy Hill Lane
Winchester, VA 22602
540-662-4185
V4/*Tf/ I C:
Greenway Engineering
Preliminary Matters
February 25, 2002
Revised May 1, 2002
• Hazel C. Lambert
Rezoning
HAZEL C. LAMBERT
REZONING
Tax Parcels 65A-((7))-8 and 65A-((7))-9
Red Bud Magisterial District
Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and
the provisions of the Frederick County Zoning Ordinance with respect to conditional
zoning, the undersigned applicant hereby proffers that in the event the Board of
Supervisors of Frederick County, Virginia, shall approve Rezoning Application # 03 -
o5 for the rezoning of .73 acres from the Residential Performance (RP) zoning
district to the Business General (132)
Development of the subject property shall be done in conformity with the terms and
conditions set forth herein, except to the extent that such terms and conditions may be
subsequently amended or revised by the applicant and such be approved by the Frederick
County Board of Supervisors in accordance with the said Code and Zoning Ordinance.
In the event that such rezoning is not granted, then these proffers shall be deemed
withdrawn and have no effect whatsoever. These proffers shall be binding upon this
applicant and their legal successors, heirs, or assigns.
The subject property, more particularly described as the lands owned by Hazel C.
Lambert being all of Tax Map Parcels 65A-((7))-8 and 65A-((7))-9 and further described
by boundary survey prepared by Greenway Engineering dated February 19, 2002 (Exhibit
A).
A.) Maximum Building Structure Square Feet
The applicant hereby proffers to limit the total building structures to 10,000 square
feet for the entire .73 acres.
B.) Prohibited Uses
The following uses shall not be permitted on the proposed rezoning:
Description
Automotive Dealer and gasoline service stations
Fuel dealers
Golf driving ranges and miniature golf courses
Commercial batting cages operated outdoors
Sic
55
598
7999
File 1i3137/MDS/dls
1
5u{Ao6ve6 ,vat
•
•
Information to be Submitted for Capital Facilities Impact Model
In order for the Planning Staff to use its capital facilities impact model, it is necessary for
the applicant to provide information concerning the specifics of the proposed use.
Otherwise, the planning staff will use the maximum possible density or intensity scenario
for the proposed Zoning District as described on Page 9 of the application package.
8. Parcel Identiiication/Location: Parcel Identification Number 65A- 7 -8
and 65A-((7))-9
Magisterial:
Fire Service:
Rescue Service:
10.
11.
Red Bud
Greenwood
Greenwood
Districts
high School:
Middle School:
Elementary School:
James Wood
James Wood
Sensany Road
Zoning Change: List the acreage included in each new zoning category
being requested.
Acres
Current Zoning
Zoning Requested
73
RP
B2
.73
Total Acre age to be rezoned
The following information should be provided according to the type of
rezoning proposed:
Number of Units Proposed
Single Family homes: Townhome: Multi -Family
Non -Residential Lots: Mobile IIome: Hotel Rooms:
Square Footage of Proposed Uses
Office: 5,000 ' Service Station:
Retail: 5,000 ' Manufacturing:
Restaurant: Warehouse:
Other
*Note: See Impact Statement
•
•
S. The Code of Virginia allows us to request full disclosure of ownership in
relation to rezoning applications.
Please list below all owners or parties in interest of the land to be rezoned:
Hazel C. Lambert
6. A) Current Use of the Property:
B) Proposed Use of the Property:
7. Adjoining Property:
Single Family Residential
Business General
PARCEL ID NUMBER
USE
ZONING
65A- 7 -7
Single Family Residential
RP
65G- 1 -37
Single Family Residential
RP
65G- 1 -36
Single Family Residential
RP
65G- 1 -38-A
Regional/Local Gvt
RP
65G- 1 -35
Single Family Residential
RP
8. Location: The property is located at (give exact location based on nearest road
and distance from nearest intersection, using road names and route number):
Southwestern corner of the intersection of Route 657 (Senseny Road) and Route 656
(Greenwood Road).
0 0
ADJOINING PROPERTY OWNERS
NAME TAX MAI) # ADDRESS
Saratoga Meadows Homeowners 65G-((1))-38A PO Box 809 Winc, 22604
Travis J. Tisinger 65G-((1))-37 106 Stirrup Cup Circle Winc
Robert Stiff 65G-((1))-36 104 Stirrup Cup Circle Winc
Kathy S. Kerns 65A-((7))-7 918 Greenwood Rd Winc
Carol E. Brown 65G-((1))-35 102 Stirrup Cup Circle Winc
r
Pile #3137/dls
Niwpping O'L Gralihics
-,-Iw- 10
"Work Pequest
IAlf 55W Frederick County Department of Planning and Development
DATE:
m
_IT
REQUESTING AGENT:
DEPARTMENT/AGENCY:
ADDRESS:
FAX: PHONE:
E-MAIL ADDRESS:
DESCRIPTION OF REQUEST:
� r
REQUES D COMPLETION DATE:
COST OF FINISHED PRODUCT:
Z oZ
NAzn LAmpep'T
FIN- 6 sA-7- S
_. 65A-7-9 .
2--
- PROJECT TRACKING - `-
DATE INITIALS
PROTECT REQUEST RECEIVED:
PAYMENT RECEIVED:
FINAL PRODUCT DESCRIPTION:
PROJECT COMPLETION DATE:
PROJECT DELIVERY/PICK-UP:
MATERIALS AND SUPPLIES USED:
ESTIMATED STAFF WORK TIME.
NOTES: