PC_07-18-90_Meeting_Minutes0 MEETING MINUTES
OF THE
FREDERICK COUNTY PLANNING COMMISSION
Held in the Board Room of the Old Frederick County Court House in
Winchester, Virginia on July 18, 1990.
PRESENT: Planning Commissioners present were: James W. Golladay,
Jr., Chairman; Beverly Sherwood, Vice - Chairman; Manuel
C. DeHaven, Stonewall District; John Marker, Back Creek
District; Carl M. McDonald, Gainesboro District; S.
Blaine Wilson, Shawnee District; Douglas Rinker, Citizen
at Large; Marjorie H. Copenhaver, Citizen at Large;
George L. Romine, Citizen at Large; Roger L. Thomas,
Citizen at Large; and Kenneth Y. Stiles, Board Liaison.
Winchester City Liaison: James Barnett
Planning Staff present were: Robert W. Watkins, Secretary; Kris
C. Tierney; Ronald Lilley.
CALL TO ORDER
Chairman Golladay called the meeting to order at 7:00
p.m. The first order of business was the consideration of the
minutes of June 6, 1990. Upon motion made by Mrs. Sherwood and
seconded by Mr. Thomas, the minutes of June 6, 1990 were
unanimously approved as presented.
BIMONTHLY REPORT
Chairman Golladay accepted the Bimonthly Report for the
Commission's information.
COMMITTEE REPORTS
RURAL ISSUES - 7/9/90 MTG.
Mr. Wilson reported that at the last Rural Issues
meeting, the committee looked at slides of existing subdivisions,
went over current regulations and examined impacts of sewer
systems. Mr. Wilson said their next meeting will be attended by
• the Citizens for a Quality Community.
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ORDINANCE COMMITTEE - 7/16/90 MTG.
Mr. McDonald reported that the Ordinance Subcommittee
discussed special design review fees for smaller site plans and
subdivisions. The committee also worked on the subdivision
ordinance and discussed car washes as an allowed use in B1
Districts.
SANITATION AUTHORITY - 7/9/90 MTG.
Mrs. Copenhaver
discussion at the Sanitatio
quarry well to be drilled
contracts for the Stonewall
water line is still pending;
Plant.
reported the following items of
a Authority's meeting: Stephens City
this week; waiting for return of
tank; the contract for the Rt. 277
members toured the Opequon Treatment
HISTORIC RESOURCES ADVISORY BOARD - 7/17/90 MTG.
Mr. Tierney reported that the HRAB Committee discussed
items for the upcoming revisions to the Comprehensive Plan.
REPORT ON THE CITY OF WINCHESTER'S DOWNZONING MEETING
Mr. Thomas said that the principal discussion was the
current action being taken in the city with some rezonings. He
said that Monday night's worksession between the county and city
planning commissions will be to discuss this, so that everyone can
understand the impacts as they relate to the county. Mr. Thomas
said that the city planning commission also requested that the
county and city jointly look at some current and future
transportation problems that may occur in the area north of
Berryville Avenue.
SUBDIVISIONS
Subdivision Application of Winchester - Frederick County Industrial
Development Corporation for a lot line adjustment on Parcels D
and E, located in the Back Creek District.
• Action - Approved
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Mr. James Largent, representing the Winchester - Frederick
County Industrial Development Corporation, said that the Commission
had previously approved a 40 -acre tract at this location and this
request is to divide the 40 -acre tract into two 20 -acre parcels.
He said that all provisions have been made for utilities, easements
and access to the property.
Rinker,
Upon motion made by Mr. Romine and seconded by Mr.
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby unanimously approve the subdivision application of
Winchester- Frederick County Industrial Development Corporation for
a lot line adjustment on Parcels D and E. This property is located
south of Route 37 and east of Route 651 in the Back Creek District.
Subdivision Application of Plymn Owen Estates, Section 2, to
subdivide a portion of Lot D into three lots (3.3056 acres total)
for commercial development in the Opequon District.
Action - Tabled until 8/1/90
Mrs. Sherwood refrained from discussion and vote on this
item due to a possible conflict of interest.
The staff requested that the master development plan be
waived because the proposal was for only three lots.
Mr. Stiles suggested that particular attention be paid
to screening between this use and adjacent residential lots because
of a continuing controversy over screening in this area.
Mr. Richard Pifer, co- owner, proposed three separate
entrances onto Route 277.
The Commission was not in favor of three additional
entrances at this section of Route 277, regardless of speed limit.
They had no problem with the subdivision if an easement could be
arranged in order for all three lots to share a common entrance.
It was also a concern of the Commission that if VDOT
planned to four -lane this section of Route 277, that specific
comments were needed from them concerning right -of -way expansion
on this property and other properties along 277.
Upon motion made by Mr. Thomas and seconded by Mr.
McDonald,
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby table the subdivision request for Plymn Owen Estates,
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Section 2, in order for the applicant to work out the entrances and
right -of -way expansion with VDOT. This request was for the
subdivision of three lots: Lot 1 (1.1309 acres), Lot 2 (1.0892
acres) and Lot 3 (1.0855 acres) located on the north side of Rt.
277 in the Opequon Magisterial District.
The vote was unanimous, with Mrs. Sherwood abstaining.
Revised Master Development Plan and Subdivision Application of
Huntington Meadows for 337 single - family detached cluster homes and
townhouses in the Stonewall District.
Action - Approved
Mr. Wilson abstained from discussion and vote due to a
possible conflict of interest.
Staff noted that the master plan has been revised to
incorporate suggestions by the Board concerning road layout, a new
direct connection is proposed from Baker Lane to Berryville Avenue,
and the apartment units have been eliminated.
Mr. James Barnett, Winchester City Liaison, was
interested in coordinating efforts between the City and the County
on the realignment of Baker /Knight Street. He said that the
present alignment of Baker /Knight Street is unsatisfactory and
should be shifted slightly to the east so that it aligns with Elm
Street, across Berryville Avenue, and this would allow the
intersection to be signaled. Mr. Barnett said that to align Baker/
Knight Street, the right -of -way needs to be brought into the open
space between Jefferson National Bank and the old RAX restaurant.
Mr. Charles W. Maddox, Jr., project engineer with G. W.
Clifford & Associates, Inc. presented the plan to the Commission.
Mr. Billy J. Tisinger, attorney, said that he spoke with
the City Planning Director, Mr. Timothy Youmans, regarding the
Baker /Knight Street alignment. Mr. Tisinger said that his clients
will pay for the construction of a portion of Baker /Knight Street
(125 -150') located in the City, the construction of a sidewalk into
the City (on east side of street), and will also make engineering
available for the alignment of the street between RAX and Jefferson
National Bank.
The Commissioners felt that screening needed to be
addressed along the northern property line, between the townhouses
• and the industrial zoning.
Upon motion made by Mr. DeHaven and seconded by Mr.
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Romine,
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby unanimously approve the subdivision application and revised
master development plan for Huntington Meadows for 337 single -
family detached cluster homes and townhouses, located adjacent and
west of I -81, north of interchange I -81 /Route 7, and east of Baker
Lane, in the Stonewall District.
(Note: Mr. Wilson abstained.)
PUBLIC HEARINGS
Rezoning Application #004 -90 of Twin Lakes /Loggia Development, to
rezone 5.1± acres from RA (Rural Areas) to B2 (Business General)
and 391.35± acres from RA (Rural Areas) to RP (Residential
Performance) for detached single - family dwellings, townhouses, a
school site and commercial uses in the Shawnee District.
Action - Tabled until 8/1/90
Mr. Charles W. Maddox, Jr., project engineer with G. W.
Clifford & Associates, Inc. presented a letter requesting tabling
of the rezoning until the Commission's meeting of August 1, 1990
in order to give the applicant more time to gather information.
Upon motion made by Mr. Romine and seconded by Mr.
Rinker,
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby agree to table Rezoning Application #004 -90 of Twin
Lakes /Loggia Development until their meeting of August 1, 1990.
The vote on tabling was:
YES (TO TABLE): Marker, Copenhaver, McDonald, Sherwood, Golladay,
DeHaven, Wilson, Romine, Marker
NO: Rinker
Rezoning Application #005 -90 of Dr. Raymond L. Fish to rezone five
acres in the Stonewall District from B2 (Business General) to B3
(Industrial Transition).
Action - Approved
• Mr. Wilson said that he would abstain from discussion and
vote, due to a possible conflict of interest.
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A question was raised from the Commission on whether the
water pressure was sufficient for fire protection in a B3 District.
Mr. Raymond L. Fish, the applicant, presented a proffer
stating that, "No warehouse shall be allowed on the site to be
rezoned until public water service is provided to the site."
The Commissioners concluded that any use proposed for the
property would be regulated by fire insurance companies, fire
protection codes and building codes and that Mr. Fish's proffer was
unnecessary.
McDonald,
Upon motion made by Mr. DeHaven and seconded by Mr.
BE IT RESOLVED, That the Frederick County Planning
Commission does hereby unanimously approve Rezoning Application
1005 -90 of Dr. Raymond L. Fish to rezone five acres from B2
(Business General) to B3 (Industrial Transition) without proffers.
This property is located at the southeast corner of the
intersection of I -81 and Route 672 in the Stonewall District.
(NOTE: Mr. Wilson abstained from voting)
r
` Rezoning Application of Kathryn M. Perry to rezone 56.386 acres
from RA (Rural Areas) to B2 (Business General); 2.251 acres from
RA (Rural Areas) to M1 (Industrial Limited); and 1.489 acres from
M1 (Industrial Limited) to B2 (Business General) for retail and /or
office/ commercial uses in the Shawnee District.] This property is
located approximately 2.5 miles southeast of Winchester on Rt. 50.
Action - Tabled to 8/1/90
Mr. Wilson said that he would abstain from discussion and
vote, due to a possible conflict of interest.
The staff presented two letters that were received by the
staff regarding this rezoning. The letter from Benjamin M. Butler
of McKee & Butler, representing Westview Business Centre, requested
that the developer share proportionately the cost of a traffic
light and requested that all utility lines be placed underground.
The second letter from Wanda Cunningham, Secretary to the Greenwood
Volunteer Fire & Rescue Company, requested that the developer
donate money per square foot to cover impacts for fire protection.
Upon motion made by Mrs. Sherwood and seconded by Mr.
Rinker, the commission unanimously voted to make the letters a part
of the official record. (letters at end of minutes)
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Mr. Charles W. Maddox, Jr., project engineer with G. W.
Clifford & Associates, reviewed the proffers submitted by the
applicant. The proffers centered around the construction of roads,
a deceleration lane and entrance, at no cost to the county or
state. It was pointed out by the Commission that one of the roads
(from point B to point C on Mr. Maddox's map) described by Mr.
Maddox as to be constructed by the applicant was not actually
written into the proffers presented.
The storage location for explosives was next discussed
by the applicant and the Commissioners.
Chairman Golladay called for public comment and Mr. Wayne
Nicholson, a resident in the area, was concerned about future
traffic congestion.
Mr. Benjamin Butler, attorney, came forward to speak on
behalf of Mr. George Glaize, the developer of Westview Business
Centre. Mr. Butler said that his client was in favor of the
rezoning proposed. He briefly discussed the requests listed in the
letter previously submitted.
The Commissioners felt that placing utility lines
underground would benefit the appearance of this entrance into
Frederick County. Mr. Maddox said that his client would be willing
to place underground the lines that service this project. The
Commissioners also felt that the figures presented in the letter
from Greenwood Fire Company needed to be studied. The
commissioners felt that the proffers needed to be clarified before
this rezoning was sent to the Board.
Thomas,
Upon motion made by Mr. Romine and seconded by Mr.
BE IT RESOLVED, That the Frederick County Planning does hereby
continue the public hearing on Rezoning Application #006 -90 of
Kathryn M. Perry until their meeting of August 1, 1990, in order
for clarification of proffers to be made.
The vote was as follows:
YES (TO CONTINUE PUBLIC HEARING): Marker, Copenhaver, McDonald,
Sherwood, Golladay, DeHaven, Romine, Thomas
NO: Rinker
ABSTAIN: Wilson
Rezoning of the Jamesway property (20.537 acres) to B2 (Business
General) . This property is located on the south side of Route 277,
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west of and adjacent to Route 641 in the Opequon District.
Action - Approved
Staff noted that when the revised zoning ordinance was
adopted, the B4 (Shopping Center) District was eliminated. The
Jamesway property was the only property zoned under the B4
District. The B2 District is the appropriate zoning for shopping
centers.
There was no public comment.
Wilson,
Upon motion made by Mr. McDonald and seconded by Mr.
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby unanimously approve the rezoning of the Jamesway property
(20.537 acres) to B2 (Business General). This property is located
on the south side of Route 277, west of and adjacent to Route 641,
in the Opequon District.
CHILD DAY CARE CENTER AMENDMENTS
Amendment to the Frederick County Code to allow day care facilities
in the RA (Rural Areas) District, as a conditional use.
Action - Approved
Marker,
Upon motion made by Mr. McDonald and seconded by Mr.
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby unanimously approve an ordinance to amend the Frederick Code
Chapter 21, Zoning, Article IV, Rural Areas District (RA), Section
4 -3, Conditional Uses, as follows:
4 -3 -27 Day Care Facilities
Amendment to the Frederick County Code to allow day care facilities
in the B2 (Business General) District as an allowed use.
Action - Approved
Upon motion made by Mr. McDonald and seconded by Mrs.
Copenhaver,
• BE IT RESOLVED, That the Frederick County Planning Commission does
hereby unanimously approve an ordinance to amend the Frederick
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County Code, Chapter 21, Zoning, Article IX, Business and
Industrial Zoning Districts, Section 9 -1 -2, Business General
District (B2), Allowed Uses, as follows:
Standard Industrial
Classification (SIC)
Child Day Care Facilities 8351
Amendment to the Frederick County Code to allow day care facilities
in the M1 (Industrial Limited) District as an accessory use in
industrial parks.
Action - Approved
Upon motion made by Mr. McDonald and seconded by Mrs.
Copenhaver,
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby unanimously approve an ordinance to amend the Frederick
County Code, Zoning Ordinance, to revise Article III, Supplementary
Use Regulations, Section 3 -2, Accessory Uses, as follows:
3 -2 -4 CHILD DAY CARE SERVICES - Child day care services
and facilities shall be allowed in the M1 (Light
Industrial) District as an accessory use to any
allowed use or group of allowed uses in an
industrial park.
CONDITIONAL USE PERMITS
Conditional Use Permit #008 -90 Cacapon Valley Child Care Centers,
Inc. for day care /pre - school activities and a community/ social
center located in the former Gore Elementary School in the Back
Creek District.
Action - Approved
It was pointed out that Frederick County owns this
building and would lease the building for the use proposed. The
question was raised as to who paid for improvements to the
. building. It was noted that Frederick County paid to bring the
structure to building code standards in order to be able to lease
the building.
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Ms. Lee Anna Mielzarek, a representative for the Cacapon
Valley Child Care Centers, Inc., was present to answer questions
from the Commission.
Upon motion made by Mr. Marker and seconded by Mrs.
Copenhaver,
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby unanimously approve Conditional Use Permit #008 -90 of
Cacapon Valley Child Care Centers, Inc. for day care /preschool
activities and a community/ social center at the former Gore
Elementary School located 1/5 mile off Route 50 West, on Route 751
in Gore, in the Back Creek District.
Conditional Use Permit #009 -90 of Edwin and Laura Stewart to
manufacture and sell wood crafts in the Shawnee District.
Action - Approved
Mr. Edwin Stewart, the applicant, had concerns about the
staff's recommendation that his sign be limited to four square
feet. Mr. Stewart said that because of an embankment along his
property line, he would need a sign approximately 30 square feet
in order to be visible. Mr. Stewart said that the previous
property owners had a sign for their antique business which was
probably about 60 square feet.
After some discussion on the matter, the Planning
Commission requested that the staff present to the Ordinance
Subcommittee some language for an amendment to the zoning ordinance
that would allow larger signs in rural areas in this type of
situation.
Chairman Golladay called for public comment and the
following person came forward:
Mrs. Ute Alger, adjoining property owner, was concerned
that the proposed business would change the residential character
of the neighborhood. Mrs. Alger was also concerned about noise and
if there would be any chemical discharge. The Commission reminded
Mr. Stewart that all work would need to be done inside an enclosed
structure.
Upon motion made by Mr. Wilson and seconded by Mr.
Romine,
• BE IT RESOLVED, That the Frederick County Planning Commission does
hereby unanimously approve Conditional Use Permit #009 -90 of Edwin
and Laura Stewart to manufacture and sell wood crafts on their
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property located at the southeast corner of the junction of Route
50 East and Route 723, approximately three miles from Winchester,
in the Shawnee District, with the following conditions:
1. This will be a one year permit to be reviewed and renewed
annually.
2. Renewal will be subject to Frederick County Fire Marshal
approval.
3. If ownership or occupancy changes, this permit will be invalid
and a new permit will be required.
---------------------
Conditional Use Permit #010 -90 of Curtis O. Taylor for storage of
power cleaning equipment and supplies on Route 734 in the
Gainesboro District.
Action - Referred Back To Staff
Mr. Curtis O. Taylor, the owner and applicant, said that
he intended to construct a pole building to store his power washing
equipment for his business. Mr. Taylor said that he is not
permitted to park his truck at his residence in town.
Mr. McDonald was concerned that the applicant constructed
a road across a flood plain, that the entrance on 734 did not have
over 100' site distance and whether adequate precautions were made
for storage of dry detergents.
It was pointed out that Mr. Taylor did not live at this
location and that he conducted his business from his residence in
Winchester. It was determined by the Commission and staff that a
conditional use permit for a cottage occupation was not the proper
way to handle this use.
Upon motion made by Mr. McDonald and seconded by Mr.
Thomas,
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby unanimously agree to refer this conditional use permit back
to the Planning Staff and to refund Mr. Taylor's permit fee.
ROUTE 642 IMPROVEMENT PROJECT
Staff noted that the Transportation Committee reviewed
• the alternatives proposed for the routing of an improved 80' right -
of -way for Route 642 at their meeting of July 2, 1990 and
recommended that the southern option be chosen.
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Chairman Golladay called for public comment and the
following person came forward:
Mr. John Sargent said that the proposed route would be
going through his pond and septic system. Mr. Charles Maddox, Jr.,
the design engineer for the Route 642 project, reviewed a map of
the area with Mr. Sargent and the Commission. It was felt by Mr.
Maddox that the road could be moved beyond Mr. Sargent Is pond area.
Chairman Golladay requested that Mr. Maddox and Mr. Sargent meet
at a later time to work out an alternate route.
Upon motion made by Mr. Thomas and seconded by Mr.
Marker,
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby unanimously recommend approval of the southern route for
Route 642 as presented by the Transportation Committee.
INTERIM RURAL SUBDIVISION AMENDMENTS
Staff noted that the primary revisions involve improved
plat requirements and administrative procedures. The only
substantial design change is that the family member divisions must
include a residual lot of five acres or larger, if the parent tract
was established after 1974.
Mr. Stiles was opposed to defining agricultural land
using a minimum 20 -acre size. He was also opposed to requiring
Health Department approval on rural subdivisions that were exempt
from the subdivision ordinance.
An amendment to the Frederick County Code to allow the division of
one parcel as small as one acre with 150` of road frontage from
each parcel of land that was recorded before February 13, 1974.
Action - Approved
Upon motion made by Mr. Marker and seconded by Mr.
Rinker,
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby unanimously recommend approval of the ordinance to amend the
Frederick County Code, Zoning Ordinance, Chapter 21, to revise
Article IV, Rural Areas District (RA), Section 4 -4 -2, Allowed
• Subdivisions, described as follows:
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4 -4 -2.3 One Time Lot - A subdivision of one parcel as small as
one acre in size with at least one hundred and fifty
(150) feet of frontage on a road maintained by the
Virginia Department of Transportation. Only one such lot
may be divided from each parcel of land as it was
recorded before February 13, 1974.
An amendment to the Frederick County Code to add new definitions
of "Agricultural Purposes," "Shared Private Driveway,"
"Subdivide," and "Minor Rural Subdivision."
Rinker,
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby unanimously recommend approval of the ordinance to amend the
Frederick County Code, Chapter 18, Subdivision, Article I, IN
General, Section 1 -2, Definitions, as follows:
1 -2 -39 AGRICULTURAL PURPOSES - Any of the following activities
on land which is eligible for land use assessment.
Cultivating the soil or raising or harvesting any
agricultural, aquacultural, horticultural, floricultural,
viticultural commodity on a farm, including the raising,
feeding, training, or management of animals and poultry,
excluding kennels.
Handling, drying, packing, grading, or storing on a farm
any agricultural or horticultural commodity in its
unmanufactured state, but only if the owner, operator or
tenant of the farm regularly produces more than half the
commodity so treated and,
The proposal to develop or the actual development of a
forest either through planting or natural regeneration
or both, or the actual maintenance of a forest by
applying proven forest management practices. Such land
shall, at the time of consideration as forestland, be
under a timberland plan, or actually carry sufficient
forest growth of suitable character and so distributed
to give reasonable assurance that a stand of merchantable
timber can be developed therefrom.
1 -2 -40 DRIVEWAY, SHARED PRIVATE - A deeded private right -of -way
• or access easement serving as common access to a
dedicated public road.
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Action
- Approved
Upon
motion made by
Mr.
Marker
and seconded by Mr.
Rinker,
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby unanimously recommend approval of the ordinance to amend the
Frederick County Code, Chapter 18, Subdivision, Article I, IN
General, Section 1 -2, Definitions, as follows:
1 -2 -39 AGRICULTURAL PURPOSES - Any of the following activities
on land which is eligible for land use assessment.
Cultivating the soil or raising or harvesting any
agricultural, aquacultural, horticultural, floricultural,
viticultural commodity on a farm, including the raising,
feeding, training, or management of animals and poultry,
excluding kennels.
Handling, drying, packing, grading, or storing on a farm
any agricultural or horticultural commodity in its
unmanufactured state, but only if the owner, operator or
tenant of the farm regularly produces more than half the
commodity so treated and,
The proposal to develop or the actual development of a
forest either through planting or natural regeneration
or both, or the actual maintenance of a forest by
applying proven forest management practices. Such land
shall, at the time of consideration as forestland, be
under a timberland plan, or actually carry sufficient
forest growth of suitable character and so distributed
to give reasonable assurance that a stand of merchantable
timber can be developed therefrom.
1 -2 -40 DRIVEWAY, SHARED PRIVATE - A deeded private right -of -way
• or access easement serving as common access to a
dedicated public road.
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1 -2 -3.5 SUBDIVIDE - To divide any tract, parcel, or lot of land
into two or more parts.
1 -2 -3.6 SUBDIVISION, MINOR RURAL - Any subdivision in the RA,
Rural Areas Zoning District, as defined by Chapter 21 of
the Frederick County Code, including lots of five (5)
acres or more in size, one lot per parcel as small as one
acre in size or subdivisions for family members as
allowed by Title 15.1, Chapter 11, Article 7, Section
15.1 - 466(x) of the Code of Virginia, as amended, and by
this chapter.
Amendment to the Frederick County Code describing allowed
subdivisions in the RA (Rural Areas) Zoning District, describing
design standard exemptions and describing requirements for minor
rural subdivisions.
Action - Approved
Upon motion made by Mr. Marker and seconded by Mr.
Rinker,
BE IT RESOLVED, That the Frederick County Planning Commission does
hereby unanimously approve the ordinance to amend the Frederick
County Code, Chapter 18, Subdivision Ordinance, Article III, Design
Standards, by the addition of Section 3 -8, as follows:
3 -8 MINOR RURAL SUBDIVISIONS
The requirements of this section shall apply to all
subdivisions of land zoned RA (Rural Areas) under Article
III of Chapter 21 of the Frederick County Code.
3 -8 -1 DESIGN STANDARD EXEMPTIONS
All minor rural subdivisions shall be exempted from the
following sections of Article III of Chapter 18 of the
Frederick County Code.
•
3 -1 -5
BOND
3 -3 -5
FIRE PROTECTION
3 -4 -6
WIDTH
3 -1 -8
LOCATION
3 -5 -3
APPROACH ANGLE
3 -5 -5
CONSTRUCTION REQUIREMENTS
3 -5 -6
CUL -DE -SACS
3 -5 -9
NAMES
3 -5 -10
IDENTIFICATION SIGNS
3-6
MONUMENTS
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3 -8 -2 MINOR RURAL SUBDIVISIONS
The following types of divisions are considered minor
rural subdivisions:
3 -8 -2.1 Tracts for agricultural purposes of twenty (20) acres or
more in size. Access from such lots shall be provided
to a dedicated public road in the form of direct access
to a public road or in the form of a shared private
driveway.
3 -8 -2.2 The division of parcels into lots of five (5) acres or
more in size. All such lots shall be provided access via
shared private driveways or a public road and must be
approved for individual subsurface septic drainfield or
other individual disposal system by the Health
Department.
3 -8 -2.3 The division of parcels as small as one acre in size for
members of the immediate family, as defined by Title
15.1, Chapter 11, Article 7, Section 15.1- 466(K) of the
Code of Virginia, as amended, provided only one such lot
shall be permitted within Frederick County per each
individual family member. All such lots must have access
via a shared private driveway or public road and must be
approved for individual subsurface septic drainfield or
other individual disposal system by the Health
Department. All plats containing lots for family members
allowed under the provisions of this section, divided
from parent parcels created after February 13, 1974,
shall contain at least one parcel that is five (5) acres
or greater in size.
3 -8 -2.4 The division of one parcel as small as one acre in size
with at least one hundred and fifty (150) feet of
frontage on a road maintained by the Virginia Department
of Transportation. Only one such lot may be divided from
each parcel of land as it was recorded before February
13, 1974. All such lots must be approved for individual
subsurface septic drainfield or other individual disposal
systems by the Health Department.
An amendment to the Frederick County Code to add plat requirements
and review procedures for minor rural subdivisions.
Action - Approved
. Upon motion made by Mr. McDonald and seconded by Mr.
Marker,
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BE IT RESOLVED, That the Frederick County Planning Commission does
hereby unanimously recommend approval of the ordinance to amend the
Frederick County Code, Chapter 18, Subdivision Ordinance, to revise
Article IV, Plat Requirements and Plat Review Procedures, by the
addition of Section 4 -4, described as follows:
(See next page)
•
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4 -4 PLAT REQUIREMENTS AND APPROVAL PROCEDURES FOR MINOR RURAL
SUBDIVISIONS AND BOUNDARY LINE ADJUSTMENTS
4 -4 -1 PLAT REQUIREMENTS
A plat for a minor rural subdivision shall be submitted
to the Subdivision Administrator for review. The plat
must be prepared by a certified professional engineer or
land surveyor and contain the following information.
4 -4 -1.1 Cover Sheet to contain the following.
4 -4 -1.1.1 Title either "Final Plat for Minor Rural Subdivision of
the land of .", or, "Boundary Line Adjustment
Between the Land of and ."
4 -4 -1.1.2 Tax Map Number, Magisterial District, County and State
where the parcel is located.
4 -4 -1.1.3 The name and signature of the owner(s) of record with the
deed book and page number of the last instrument in the
chain of title and a statement that the division is with
the owner's consent.
4 -4 -1.1.4 Vicinity Map showing the location of the parcel to be
subdivided at a scale of not more than 1 inch to 2000
feet.
4 -4 -1.1.5 Zoning Requirements; A notation of the zoning on the
property to be divided.
4 -4 -1.1.6 Signature block for a representative of the Frederick
County Health Department and the Subdivision
Administrator.
4 -4 -1.1.7 In the case of a lot being created under the provision
for a family division, (section 3 -8 -2.3 of this
ordinance), a statement listing to whom the lot is to be
conveyed and their relationship to the record owner.
4 -4 -1.1.8 Page number and the number of total pages making up the
plat, (ie. sheet 1 of 3)
4 -4 -1.2 Survey Requirements; the actual plat of the subdivision
shall contain at least the following information.
E
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• 4 -4 -1.2.1 North point and numeric and graphic scale.
4 -4 -1.2.2 Date the plat was prepared along with the signature and
seal of the licenced surveyor or engineer preparing the
plat.
4 -4 -1.2.3 Dashed line showing the location of the front, rear and
side setback requirements for principle structures.
4 -4 -1.2.4 Boundary survey and acreage of all lots created or
altered by the division or adjustment. Unchanged lot
lines of residual parcels of over twenty (20) acres in
size are not required to be shown, provided the general
location of the perimeter boundary of the tract be shown
on an insert map and the acreage of the unsurveyed lot(s)
be given.
4 -4 -1.2.5 In the case of boundary line adjustments, the amount of
acreage to be added to or deleted from any parcel with
the tabulation of the resulting acreage for all lots.
4 -4 -1.2.6 Zoning, use (vacant,
commercial, industrial)
adjoining parcels.
4 -4 -1.2.7 Location of all existing
numbers, and any exist
adjacent to or providing
lots.
agricultural, residential,
and name of owners of all
streets with their names and
_ng or proposed right -of -way
access to any of the subject
4 -4 -1.2.8 Location and names of any water courses or ponds, and
designated flood plain areas.
4 -4 -1.2.9 Location of existing buildings and drainfields, along
with any designated environmental or historical feature
or site.
4 -4 -2 APPROVAL PROCEDURES
4 -4 -2.1 Three copies of final plats for approval as Minor Rural
Subdivisions must be submitted to the Subdivision
Administrator. In the case of divisions created under the
provision of section 3- 8 -2.3, family division, an
affidavit with notarized signature of the grantor must
also be submitted. The affidavit shall state to whom the
lot will be conveyed, the relationship of the grantor to
the grantee and the grantors understanding of section 3-
8-2.3 of this ordinance.
4 -4 -2.2 Prior to submission to the Subdivision Administrator,
.
plats shall be signed by a representative of the Health
3149
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• Department to certify that lots within the minor rural
subdivision have been approved for sewage disposal.
4 -4 -2.3 Plats which are reviewed and are determined to meet the
requirements of this Chapter shall be approved by the
Subdivision Administrator as evidenced by his signature
on the plat, within thirty days of the date submitted.
No plat shall be recorded or lot sold in a minor rural
subdivision until the requirements of this chapter have
been met.
4 -4 -2.4 One copy of the approved plat shall be retained by the
Subdivision Administrator for filing.
4 -4 -2.5 The approved plat shall become void if not recorded
within thirty (30) days of the date of approval. A copy
of the recorded plat with designation of recordation by
the Clerk of the Court shall be returned to the
Subdivision Administrator.
•
3150
• 17
PRE - APPLICATION DISCUSSION - RUSSO /FOX DRIVE MDP
Mr. Thomas Price with G. W. Clifford & Associates, Inc.
discussed with the commission a master development plan proposal
on Fox Drive, across from the Tudor Square townhouse project,
consisting of 28 townhouses on 4.0± acres, zoned RP.
INFORMAL DISCUSSION WITH MR. TIMOTHY MALONEY OF ONE DESIGN ON A
DEVELOPMENT PROPOSAL AT SHAWNEELAND
Mr. Timothy Maloney of One Design discussed with the
Planning Commission a development proposal at Shawneeland or at
Gore using R5 Zoning and a package treatment plant. The general
consensus of the Commission was that the use of multiple housing
units on one package treatment plant was not in conformance with
the Comprehensive Plan in the western portion of the County and the
commission was also not in favor of rezoning any more property to
R5 Zoning.
DISCUSSION ON LOT WIDTH REQUIREMENTS IN THE RA DISTRICT
Staff stated that Mr. Billy J. Tisinger had proposed some
modifications to the lot width requirements in the RA District.
The Ordinance Subcommittee reviewed Mr. Tisinger's proposal and
recommended that lots containing less than five acres have a
minimum width of 150' at the front setback line and in no case
shall the maximum length of the new lot exceed three times the
width of the lot. They also recommended that lots of five acres
or more have a minimum width of 220' at the front setback and the
- maximum length shall not exceed four times the width at the front
setback.
Chairman Golladay instructed the staff to proceed with
advertisement for the changes as proposed by the Ordinance
Subcommittee.
•
3151
. 18
No further business remained to be discussed and the
meeting adjourned at 8:00 p.m. by unanimous vote.
Respectfully submitted,
Robert W. Watkins, Secretary
James W. Golladay, J ./, Chairman
•
3152
18A -
McKEE AND BUTLER
• ATTORNEYS AT LAW
11 SIOTH CA ROX STREET
P. O. DRAWER 2097
�1 "Intca'asTaa. VlHOSS.*IA
22601-1297
AREA CODE
PETE. A. MCREE 119Ja -156)) _ TELEPHONE.862 -3486
BL'YJA..11 M. BUTLER FAx<i 703 -722 -3787
STEPHEN C. BUTLE.
'11CHAE6 L. BEYAV June 2q, 1990 PLEASE REPLY TO:
P.O. DRAWER 2097
John C. Riley, Jr., County Administrator
9 Court Square
Winchester, Virginia 22601
Re: My File No. 2339(1)
Westview Business Centre
Dear John:
It is my understanding that '��ni ring is
applying for rezoning on the property opposite the Westview
Business Centre.
There are two requests of the developer, George W.
Glaize, Jr., which are as follows:
(1) There should be a proffer from Perry Engineering
that in the event the development which it plans at the
location generates traffic and /or an accident experience rate
that requires the Virginia Department of Transportation to
place a traffic light at the location, then Perry Engineering
should share proportionate with any other landowners /developers
who contribute to the traffic or accident rate.
(2) In the event that Perry Engineering places its
utilities underground, then Glaize would cause the electric
lines to be placed underground up to the intersection of
Victory Lane. The benefit to the County would be that it would
provide electric lines to be underground for businesses along
Route 50 starting with these two business locations. It is
something that the County could then bear in mind in future
years as development evolves along the Route 50 corridor making
a much more presentable entrance to the County on that Route.
•
3153
•
.. ,
John C. Riley,
June 29, 1990
Page Two
- 188 -
Jr., County Administrator
l
Thank you for your consideration in this matter.
Very truly yours,
•
BMB:dhc
cc: Mr. George W
McKEE and BUTLER
i� BE JAMIN M. BUTLER
Glaize; Jr.
3154
G REENW00�
vOL
FIRE DEPARTMENT
i s
FRFb ` ` #'C. r Ca IN Q"
18C -
Greenwood
Volunteer Fire Company
P. O. Box 3023
Winchester, Virginia 22601
July 13, 1990
Mr. Robert Watkins
Planning Director
Frederick County, Virginia
Dear Mr. Watkins:
The Greenwood Volunteer Fire & Rescue Cc P would like to
offer the following proffer for the �N elopment
being rezoned on Route 50 East.
It being very hard to visualize the impact Business and
Industry would have on Fire & Rescue services, until they are in
Place we can only look at a past experience and estimate. Therefore
we would like to offer .10C per square foot donation at the beginning
payable to Greenwood Volunteer Fire Company and a .09C per square
foot donated annually thereafter. This part would be paid to the
Treasurer of Frederick County, Virginia, to be drawn by Greenwood
Volunteer Fire Company for equipment needs until which time another
Volunteer Company were to organize in the Route 50 East coordor at
which time they would have access to these funds.
Thank you for your consideration to this matter.
Sincerely,
Wanda Cunningham,Secretary
Greenwood Volunteer Fire & Rescue Co., In
Board of Directors
3155