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May 23 2018 Board_Agenda_PacketAGENDA REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, MAY 23, 2018 7:00 P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA Call to Order Invocation Pledge of Allegiance Adoption of Agenda Consent AgendaAttachment ---------------------------------------------------------------------------------------------------------- A Minutes Budget Work Session of May 8, 2018 Regular Meeting of May 9, 2018 Committee Reports -------------------------------------------------------------------------------- B Finance Committee Citizen Comments – Agenda Items that are not the subject of a Public Hearing Board of Supervisors Comments County Officials Presentation of Resolution Honoring the Life of Tom Baker Agenda Page 1 ----------------------------------------------------------------------------------- C Committee Appointments Board of Building Appeals One unexpired 5-year term ending 11/10/2018, Applications pending Extension Leadership Council Stonewall District Representative 4-year term of Laura L. Loving ends 6/23/18 Historic Resources Advisory Board Member-At-Large Representative 4-year term of Denny Perry ends 6/23/18 (Mr. Perry does not wish to be reappointed.) Winchester Regional Airport Authority 4-year term of Gene Fisher ends 6/30/18 (eligible for reappointmen 4-year term of Robert Bearer ends 6/30/18 (eligible for reappointm ---------------------------------- D Requests from the Commissioner of the Revenue for Refunds Ryder Truck Rental LT - $3,382.63 Wheels LT - $3,905.02 Undisclosed Taxpayer- Disabled Veteran’s Relief$6.670.46 D L Peterson Trust - $20,286.20 Committee Business Finance Committee Tab B (See for additional information) 1.The Sheriff requests a General Fund supplemental appropriation in the amount of $18,253 represents (3) auto claim insurance reimbursements. The Committee recommends approval. 2.The Sheriff requests a General Fund supplemental appropriation in the amount of $4,809. represents reimbursements for extraditions. No local funds requThe Committee recommends approval. 3. The Sheriff requests a General Fund supplemental appropriation in the amount of $100. This amount represents a donation to the Honor Guard. No local funds required. The Committee recommends approval. 4.The Parks & Recreation Director requests a General Fund supplemental appropriation in the amount of $900. This amount represents a donation specified for the purchase of Park. No local funds required. The Committee recommends approval. 5.The Treasurer requests a General Fund supplemental appropriation in the amount of $52,000. This amount represents funds needed for DMV stops for the remainder of the f collected has exceeded budgeted revenue. The Committee recommends approval. Agenda Page 2 Finance Committee,continued 6.The Department of Social Services requests a General Fund budget reduction in the amount of $220,000. Of that amount, $58,875 represents local funds. The reduction repr County budget in line with the State budget. The Committee recommends approval. 7.The Department of Social Services requests a General Fund budget transfer in the amount of $48,231. This amount represents a transfer out of health/dental to be used forocal funds required. The Committee recommends approval. Public Hearings (Non-Planning Issues)- None Planning Commission Business Public Hearings Rezoning #05-17 for O-N Minerals (Chemstone)--------------------------------------------------------E d/b/a Carmeuse Lime & Stone, CONTINUED from March 14, 2018 & April 25, 2018 Submitted by Lawson and Silek, PLC., to Amend the Proffers for this Property; Rezoning 394.2 Acres from the EM (Extractive Manufacturing) District with Proffer to the EM (Extractive Manufacturing) District with Revised Proffers. The Properties are Situated Generally West of the Town of Middletown.Specifically, the Middle Marsh Property is Located East of Belle View Lane (Route 758), and West and Adjacent to Hites Road (Route 625) and is Further Traversed by Chapel Road (Route 627).The Northern Reserve is Bounded to the South by Cedar Creek and is West and Adjacent to Meadow Mills Road (Route 624).The Properties are Identified with Property IdentificationNumbers 83-A-109 and 90-A-23 in the Back Creek Magisterial District. Other Planning Items Discussion -St. Paul’s on the Hill Comp Plan Amendment -----------------------------------------F To determine whether to send the matter to public hearing before the Frederick County PlanningCommissionfor consideration of an amendment to the Senseny/Eastern Frederick UrbanAreas Plan andamendment ofthe land use designationfor PIN 54-A-12 from institutional landuse to urban center land use with a recommendation to beforwardedto the Board of Supervisors. Board Liaison Reports Citizen Comments Board of Supervisors Comments Adjourn Agenda Page 3 MINUTES Frederick County Board of Supervisors Budget Work Session Tuesday, May 8, 2018 4:00 p.m. Board Room, 107 North Kent Street, Winchester, VA ATTENDEES Board of Supervisors: Chairman Charles S. DeHaven, Jr.; Vice Chairman Gary A. Lofton; Blaine P. Dunn;Judith McCann-Slaughter; J. Douglas McCarthy; Robert W. Wells and Shannon G. Troutwere present.Staff present:Kris C. Tierney, County Administrator;Jay E. Tibbs, Deputy County Administrator;Cheryl B. Shiffler, Finance Director; Sharon Kibler, Assistant Finance Director;Rod Williams, County Attorney; Ellen Murphy, Commissioner of the Revenue; C. William Orndoff,Jr.,Treasurer; Becky Merriner, Director of Human Resources; and Ann W. Phillips, Deputy Clerk to the Board of Supervisors. School Board Staff: Dr. Al Orndorff, Assistant Superintendent; and Kevin Kenney, Clerk of the Works. CALL TO ORDER Chairman DeHaven called the meeting toorder at 4:05 p.m. Mr. Tierney provided an overview of the agenda attachments. DISCUSSION - Fire & Rescue Apparatus Inventory The Board discussed the apparatus inventory list. In response to a question about delivery of the Fire and Rescue Study, Mr. Tierney said staff is still sorting out the amount of refinement needed in the report. DISCUSSION - Aylor School The Board discussed the $7.2 million other costs in addition to building construction as noted by the School Board. Dr. Orndorff reviewed the breakdown of the other costs as determined by the School Board. Also discussed was the 160,000 square footbuilding option requested by the School Board allowing for more collaborative learning space, and the 140,000 square foot option proposed by Supervisor Slaughter. 1 FREDERICK COUNTY BOARD OF SUPERVISORS Minutes: Budget Work Session May 8, 2018 By consensus, the Board agreed to replacing rather than renovating the current Aylor building. By consensus, the Board agreed to have staff develop a draft resolution authorizing funding a replacement Aylor Middle School building with the following requests: -Immediate designation of the old Aylor building as surplus for disposition by the County -The 140,000 square foot building would accommodate a minimum of 900 students -Busand carentrances must be addressed in the planning stage in order that no extra funding be required after construction for VDOT related safety measures -The relocation to thenew building and use of any usable furnishings, industrial fixtures, orequipment from the existing building -The purchase of enough land to allow for future expansion of the new building -The design of the new building to accommodate future expansion In relation to the reduced building footprint, the Board discussedconsidering appropriation of $6.5 million to cover the costs other than for building construction. DISCUSSION -Debt Ratios The Board and staff discussed quantifying the loan amount for the Aylor replacement building as $39 million. OTHER The Board and staff agreed that the next meeting scheduled for May 22 would address the issue of Medicaid expansion following expected action by the General Assembly. The Board and staff discussed the possibility of lobbying the state legislature regarding the issues of meals tax and proffers. ADJOURN There being no further business, the meeting was adjourned at 5:32p.m. 2 FREDERICK COUNTY BOARD OF SUPERVISORS Minutes:Budget Work Session May 8, 2018 MINUTES REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, MAY 9, 2018 7:00 P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES Board of Supervisors: Charles S. DeHaven, Jr., Chairman; Gary A. Lofton, Vice Chairman; Blaine P. Dunn; J. Douglas McCarthy; Judith McCann-Slaughter; Shannon G. Trout; and Robert W. Wells were present. Staff present: Kris C. Tierney, County Administrator; Jay E. Tibbs, Deputy County Administrator; Roderick B. Williams, County Attorney; Michael T. Ruddy, Director of Planning and Development; Candace Perkins, Assistant Director of Planning; Tyler Klein, Planner; Jason Robertson, Director of Parks and Recreation; Ellen Murphy, Commissioner of the Revenue;and Ann W. Phillips, Deputy Clerk to the Board of Supervisors CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. INVOCATION Supervisor McCarthy delivered the invocation. PLEDGE OF ALLEGIANCE Vice Chairman Lofton led the Pledgeof Allegiance. ADOPTION OF AGENDA - APPROVED Upon motion of Supervisor Slaughter, seconded by Vice Chairman Lofton, the agenda was adopted on a voice vote. ADOPTION OF CONSENT AGENDA – APPROVED Upon motion of Vice Chairman Lofton,seconded by Supervisor Dunn, the consent agenda was adopted on a voice vote. -Minutes:Budget Work Session of April 24, 2018 - CONSENT AGENDA APPROVAL -Minutes: Joint Meeting w/Economic Development Authority of April 25, 2018- CONSENT AGENDA APPROVAL -Minutes: Regular Meeting of April 25, 2018 - CONSENT AGENDA APPROVAL -Transportation Report (Appendix 1) - CONSENT AGENDA APPROVAL -Resolution Honoring Employee of the Month Patricia A. Rodgers - CONSENT AGENDA APPROVAL WHEREAS, the Frederick County Board of Supervisors recognizes that the County's employees are a most important resource; and, WHEREAS, on September 9, 1992, the Board of Supervisors approved a resolution which established the Employee of the Month award and candidates for the award may be nominated by any County employee; and, 1 of 11 Frederick County Board of Supervisors Minutes * May 9, 2018 WHEREAS, the Board of Supervisors upon recommendation by the Human Resources Committee selects one employee from those nominated; and, WHEREAS, Patricia A. Rodgers who serves as a Booking Technician with the Northwestern Regional Adult Detention Center was nominated for Employee of the Month; and, WHEREAS, Booking Technician, Patricia Rodgers is heavily relied on by the booking staff for her in depth knowledge of policies and booking procedures. Ms. Rodgers has assisted in training several new booking staff members with a calm pleasant demeanor. She shows a passion for mentoring others and makes herself available to assist anyone with questions. On several occasions, Ms. Rodgers has changed her work schedule, sometimes at a moment’s notice, to assist with an influx of new committals for the day. Ms. Rodgers recently received a letter of appreciation from a judge at the courthouse through Superintendent Whitley acknowledging her efforts to ensure that inmates were able to participate in a hearing in Court by audio-visual means. She went out of her way to accommodate the request and assured that the process ran smoothly; and, NOW, THEREFORE BE IT RESOLVED, by the Frederick County Board of Supervisors this 9th day of May 2018, that Patricia A. Rodgers is hereby recognized as the Frederick County Employee of the Month for May 2018; and, BE IT FURTHER RESOLVED that the Board of Supervisors extends gratitude to Patricia A. Rodgers for her outstanding performance and dedicated service and wishes her continued success in future endeavors; and, BE IT FURTHER RESOLVED, that Patricia A. Rodgers is hereby entitled to all of the rights and privileges associated with her award. + + ++ + + + + + ++ + CITIZEN COMMENTS -None BOARD OF SUPERVISORS COMMENTS - None COUNTY OFFICIALS: PRESENTATION OF EMPLOYEE OF THE MONTH AWARD TO PATRICIA A. RODGERS Chairman DeHaven and Vice Chairman Lofton presented the Employee of the Month Award to Patricia A. Rodgers. COMMITTEE APPOINTMENTS RYAN SHAW APPOINTED AS RED BUD DISTRICT REPRESENTATIVE TO SOCIAL SERVICES BOARD - APPROVED Supervisor Dunn moved to appoint Ryan Shaw to the Social Services Board as the Red Bud District Representative to fill an unexpired four-year term ending June 30, 2020. Supervisor McCarthy seconded the motion which carried unanimously on a voice vote. DANA BOWMAN AND DAWN C. ROBBINS REAPPOINTED TO THE COMMUNITY POLICY AND MANAGEMENT TEAM - APPROVED Vice Chairman Lofton moved to reappoint Dana Bowman as the Private Provider Representative and Dawn C. Robbins as the Parent Representative on the Community Policy Management Team to serve two-year terms ending June 30, 2020. Supervisor Wells seconded the motion which carried unanimously on a voice vote. 2 of 11 Frederick County Board of Supervisors Minutes * May 9, 2018 DEVELOPMENT IMPACT MODEL OVERSIGHT COMMITTEE REPRESENTATIVES APPOINTED TO ONE-YEAR TERMS – APPROVED Upon motion of Supervisor Wells, seconded by Supervisor McCarthy, the following were appointed unanimously on a voice vote to the Development Impact Model Oversight Committee to serve one-year terms ending June 28, 2019: Kris C. Tierney-County Administration Representative Charles S. DeHaven, Jr. -Board of Supervisors Representative Gary A. Lofton -Board of Supervisors and EDA Representative H.Paige Manuel - Planning Commission Representative Roger L. Thomas - Planning Commission Representative Frank E. Wright - School Board Representative Stephen Pettier- Top of Virginia Building Assoc. Rep. Rob Frogale- Top of Virginia Building Assoc. Rep. RANDY CARTER REAPPOINTED TO PARKS AND RECREATIONS COMMISSION REPRESENTING STONEWALL DISTRICT - APPROVED Upon motion of Supervisor Slaughter, seconded by Supervisor Wells, Randy Carter was reappointed to the Parks and Recreations Commission for a four-year term ending June 23, 2022. The motion carried unanimously on a voice vote. KAREN L. KIMBLE REAPPOINTED AS SHAWNEE DISTRICT REPRESENTATIVE TO SOCIAL SERVICES BOARD - APPROVED Supervisor Trout moved to reappoint Karen L. Kimble to the Social Services Board as the Shawnee District Representative to serve afour-year term ending June 30, 2022. Vice Chairman Lofton seconded the motion which carried unanimously on a voice vote. LISA CARPER REAPPOINTED AS BACK CREEK DISTRICT REPRESENTATIVE TO SOCIAL SERVICES BOARD - APPROVED Vice Chairman Lofton moved to reappoint Lisa Carper to the Social Services Board as the Back Creek District Representative to serve a four-year term ending June 30, 2022. Supervisor Slaughter seconded the motion which carried unanimously on a voice vote. REQUESTS FROM THE COMMISSIONER OF THE REVENUE FOR REFUNDS - APPROVED Mr. Tierney explained there were four requests for refunds that have been reviewed by the County Attorney. Supervisor Slaughter moved for approval of and the corresponding supplemental appropriations for the refund requests by Arcadia Mobile Park for $3,313.81; Undisclosed Taxpayer-Disabled Veteran’s Relief for $3,372.53; Shop N Save #1489-2875 for $6,282.43; and Handy Mart, LLC for $6,885.69. Supervisor Dunn seconded the motion which carried on a roll call vote as follows: Blaine P. DunnAyeShannon G. Trout Aye Gary A. Lofton Aye Robert W. Wells Aye J.Douglas McCarthyAye Charles S. DeHaven, Jr. Aye JudithMcCann-SlaughterAye 3 of 11 Frederick County Board of Supervisors Minutes * May 9, 2018 COMMITTEE BUSINESS - None PUBLIC HEARINGS (Non-Planning Issues) PROPOSED ORDINANCE: SALARIES OF THE BOARD OF SUPERVISORS - APPROVED Pursuant to Section 15.2-1414.3 of the Code of Virginia, 1950, as Amended, the Board of Supervisors Will Hold a Public Hearing to Fix the Annual Salaries of the Board of Supervisors as Follows: Chairman, $10,800; Vice Chairman, $10,200; and Each Other Member of the Board of Supervisors at $9,000. Mr. Tierney explained the Board annually sets their salaries for the coming fiscal year. He said there are limits to which the salaries can be adjusted and currently any increases would need to relate to an inflationary increase. Chairman DeHaven opened the public hearing. Karen Vance of the Shawnee District said it is time for the Board to have a salary increase. She compared the Board salaries to those in other jurisdictions adding that with no raise in 15 years it is time to address a fair wage for the Board members. Chairman DeHaven closed the public hearing. Supervisor Dunn said the Board salaries have not increased since 2001. He moved to adjust the Board salaries in relation to the cost of living inflation increase of 2.1%. There was no second. Vice Chairman Lofton moved that the annual salaries be set as noted in the agenda: Chairman, $10,800; Vice Chairman, $10,200; and Each Other Member of the Board of Supervisors at $9,000. Supervisor Trout seconded the motion. Supervisor McCarthy said in order to attract younger Board members, there should be consideration given to the amount of time away from work necessary for those serving. Chairman DeHaven suggested the topic be discussed prior to going on the agenda the next time to allow for a change in approach. The motion carried as follows on a roll call vote: Blaine P. Dunn Aye Shannon G. Trout Aye Gary A. Lofton Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye JudithMcCann-SlaughterAye PROPOSED CONVEYANCE TO THE FREDERICK COUNTY SANITATION AUTHORITY (dba FREDERICK WATER) –APPROVED Proposed Easement Over an Area of Approximately 2,584 Square Feet (0.06 Acres), the Easement Area Being Over a Portion of Tax Parcel Number 86-A-143 Owned by the County in the Opequon Magisterial District. Mr. Robertson, Director of Parks and Recreation, said the easement is in conjunction with a newly installed fire hydrant in Sherando Park. Chairman DeHaven opened the public hearing. There were no speakers. Chairman DeHaven closed the public hearing. Supervisor Slaughter moved for approval of conveying the easement to the Frederick County Sanitation Authority. Supervisor Dunn seconded the motion which carried on a roll call vote as follows: Blaine P. Dunn Aye Shannon G. Trout Aye Gary A. Lofton Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye JudithMcCann-SlaughterAye 4 of 11 Frederick County Board of Supervisors Minutes * May 9, 2018 + + + + + + + + + + + + PLANNING COMMISSION BUSINESS Public Hearings CONDITIONAL USE PERMIT #04-18 for WEST OAKS FARM MARKET, LLC - APPROVED Submitted for Establishment of a Special Event Facility and Restaurant in the RA (Rural Areas) Zoning District. The Property is Located on Middle Road, Winchester, Virginia and is Identified with Property Identification Number 74-A-3 in the Back Creek Magisterial District. Planner Tyler Klein explained the request for a Conditional Use Permit (CUP) for a special event facility and restaurant in the RA (Rural Areas) Zoning District. He said the property is located on 200 acres on Middle Road and the proposed building (which includes the farm market, restaurant, and special eventspace) willhave permanent bathroom facilities served by a septic/drainfield.He added the site will also have acommercial entrance for vehicles from Middle Road, and designated gravel parking area will also be provided. Mr. Klein said the proposed use is consistent with the goals and strategies expressed in the 2035 Comprehensive Plan andwith the surrounding properties. He noted that should the Board of Supervisors find this application for a special event facility to be appropriate, the Planning Commission recommends that the following conditions be attached to the CUP: 1. All review agency comments shall be complied with at all times. 2. An illustrative sketch plan, in accordance with the requirements of Article VIII of the FrederickCounty Zoning Ordinance shall be submitted to and approved by Frederick County prior to the establishment of the use. 3. Building permits shall be acquired prior to establishment of the deli-style counter service restaurant use. 4. Special events shall start no earlierthan 8 a.m. and all events and related activities shall conclude by midnight. 5. Special events may accommodate up to and not to exceed 275 persons. 6. One (1) monument style sign with a maximum sign area not to exceed 50 square feet (SF) and not to exceed 10 feet (FT) in height is permitted. 7. Any expansion or modification of this use will require the approval of a new CUP. Chairman DeHaven opened the public hearing. Karen Vance, Shawnee District, said the location of the proposed event center is ideal and it will greatly benefit the County. She urged the Board to approve the CUP. Chairman DeHaven closed the public hearing. Vice Chairman Lofton said the business will be a good addition to the County and moved for approval of the ordinance granting the CUP with one modification to the recommended conditions. He asked that the phrase “deli style counter service” be removed from condition number three. Supervisor Dunn seconded the motion. Chairman DeHaven agreed with Vice Chairman Lofton that the use of the property saves farmland from use for residential development and will benefit the community. The motion carried on a roll call vote as follows: Blaine P. Dunn Aye Shannon G. Trout Aye Gary A. Lofton Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye JudithMcCann-SlaughterAye 5 of 11 Frederick County Board of Supervisors Minutes * May 9, 2018 ORDINANCE CONDITIONAL USE PERMIT #04-18 WEST OAKS FARM MARKET, LLC SPECIAL EVENT FACILITY & RESTAURANT WHEREAS, Conditional Use Permit #04-18for a Special Event Facility and Restaurant, submitted by West Oaks Farm Market, LLC was considered. The subject property is g (Route 11) off Middle Road (Route 628) immediately south of Orchard View Elementary School at 4305 Middle Road and is further identified with Property Identificati-A-3 in the Back Creek Magisterial District, and WHEREAS, the Frederick County Planning Commission held a public hearing o Permit on May 2, 2018 and recommended approval of the Conditiona WHEREAS, the Frederick County Board of Supervisors held a public hearing Permit during their regular meeting on May 9, 2018; and, WHEREAS, the Frederick County Board of Supervisors finds the approval of to be in the best interest of the public health, safety, welfare 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 z Permit Application #04-18 for a Special Event Facility and Restaurant o Identification Number 74-A-3 with the following conditions: 1.All review agency comments shall be complied with at all times. 2.An illustrative sketch plan, in accordance with the requirements of Article VIII of the Frederic County Zoning Ordinance, shall be submitted to and approved by F establishment of use. 3.Building permits shall be acquired prior to establishment of the 4.Special events shall start no earlier than 8 a.m. and all events midnight. 5.Special events may accommodate up to and not to exceed 275 perso 6.One (1) monument style sign with a maximum sign area not to exced 50 square feet (SF) and not to exceed 10 feet (FT) in height is permitted. 7.Any expansion or modification of this use will require the appro + + + + + + + + + + + + Other Planning Business MASTER DEVELOPMENT PLAN #02-18 – REGENTS CREST The Master Development Plan for Regents Crest appears to be consistent with the requirements of Article VIII, Master Development Plan, of the Frederick County Zoning Ordinance, and this MDP is in a form that is administratively approvable. Note: Presented as information only. Mr. Klein presented information regarding Master Development Plan #02-18 – Regents Crest. Supervisor Slaughter noted her concern that recent Board action changing buffer requirements has had unintended consequences. She said the project in question has grown from 66 to 99 permitted housing units because of the change in the buffer requirement adding that these units have been added without proffers and will increase the tax burden and the schools’ responsibilities. REQUEST FOR COMMERCIAL PUMP AND HAUL PERMIT AT 3149 FRONT ROYAL PIKE –DENIED Candace Perkins, Assistant Director of Planning, said staff has received a second request seeking approval of a commercial Pump & Haul Permit for an existing nonconforming commercial structure located at 3149 Front RoyalPike in the Shawnee Magisterial District. She said the approximately 0.66-acre property contains a 2,977 square foot structure which was built in 1947 and was previously utilized for a convenience store which closed in 2011. Ms. Perkins said this request is the first step to reopen the convenience store and if the pump and haul permit is approved the Applicant will next be able to apply for a Conditional Use Permit seeking to 6 of 11 Frederick County Board of Supervisors Minutes * May 9, 2018 reestablish the nonconforming use. She said the subject property is outside the limits of the Sewer and WaterService Area (SWSA) and has anexistingsewage disposal systemfor the attachedresidence, but not for the commercialstructure.She added Frederick County Code, §161-201.05A, states that the Frederick County Board of Supervisors, after receiving a written statement from the Health Department may approve a permanent pump and haul system permit if specific criteriaare satisfied. Ms. Perkins said that the Health Department conducted an evaluation and concluded that an onsite sewage disposal system could not be supported by this property due to insufficient area available for required drain field and reserve area. She said the property owner has also been unable to obtain an offsite easement and has established a relationship with Martin Pumping Service LLC to service the requested pump and haul system. Vice Chairman Lofton inquired about the location of the current disposal system. Ms. Perkins deferred to the applicant. Supervisor Dunn asked if there were any changes to the application since the last submission. Ms. Perkins said there were no changes. The applicant, Nancy Reyes, said there was a misunderstanding during the last application request. She said the pump and haul location would be in the back of the property rather than in the front. Supervisor Trout moved for approval of the commercial pump and haul permit for 3149 Front Royal Pike. Vice Chairman Lofton seconded the motion. He said that knowing the area of the property, there is no fear of sewage possibly flowing onto the road. The motion failed on a roll call vote as follows: Blaine P. Dunn NoShannon G. Trout Aye Gary A. Lofton Aye Robert W. Wells Aye J. Douglas McCarthy No Charles S. DeHaven, Jr. No JudithMcCann-SlaughterNo ORDINANCE AMENDMENT: SHIPPING CONTAINERS –RETURNED TOTHE DEVELOPMENTREVIEW AND REGULATIONS COMMITTEE FOR ADDITIONAL REVIEW This is a proposed amendment to Chapter 165 – Zoning Ordinance to restrict the use of shipping containers (i.e. pre-fabricated, durable, steel shipping containers, also known as intermodal containers, cargo containers, freight containers, or ISO containers) as accessory storage in certain districts. Shipping containers are typically 8-feet (FT) wide, 8-FT tall and 20-40-FT long. The current zoning ordinance does not specifically address shipping containers, only where tractor trailers may be parked or stored. Mr. Klein said the proposed amendment to Chapter 165 – Zoning Ordinance would restrict the use of shipping containers (i.e. pre-fabricated, durable, steel shipping containers, also known as intermodal containers, cargo containers, freight containers, or ISO containers) as accessory storage in certaindistricts and that their use as accessory storage was identified as a growing concern in early-2018. He said that used shipping containers are a readily available for sale online, are a cheap and durable option for storage, and are exempt from the Building Code. He added that the current zoning ordinance does not specifically address shipping containers as accessory storage. Mr. Klein said that the Development Review and Regulations Committee (DRRC) discussedthisamendmentattheirFebruarymeetingandrecommended: 7 of 11 Frederick County Board of Supervisors Minutes * May 9, 2018 •Torestrict the use of shipping containers asaccessorystorageinRP, R4, R5and on lots of lessthan 6-acresin the RAdistricts; •Toallow shipping containersas storage on RA lots greaterthan 6-acreswhere containersmeet the 15’ side/rearsetbacksforaccessorystructures; •Torestrict the use of shipping containers asaccessorystoragein business & industrial districts. th He said the Planning Commissiondiscussedthisitem on April 4 and is requesting that the Board of Supervisors determine whether the amendment is ready to send forward to a public hearing, is deemed not to be appropriate, or should be sent back to the DRRC for additional revisions. The Board and staff discussed setbacks, lot sizes, zoning districts, and screening as they relate to shipping containers. By consensus, the matter was returned to the DRRC for further review. BOARD LIAISON REPORTS Vice Chairman Lofton said that at the recent Social Services Board meeting it was stated that the proposed Medicaid expansion, if approved by the General Assembly, will add $300,000 of expenses to the County’s budget. CITIZEN COMMENTS - None BOARD OF SUPERVISORS COMMENTS MOTION TO INITIATE REPEAL OF AMENDMENTS TO §165-203.02. BUFFER AND SCREENING REQUIREMENTS - APPROVED Citing unintended consequences and the needfor time to evaluate the matter, Supervisor Slaughter moved to initiate repeal of the Ordinance amending Chapter 165 Article II Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses Part 203 – Buffers and Landscaping §165-203.02. Buffer and Screening Requirements which was originally adopted on December 13, 2017. Supervisor Dunn seconded the motion. The Board and staff discussed the process for the repeal including setting public hearings by the Planning Commission and the Board. The motion carried on a roll call vote as follows: Blaine P. Dunn Aye Shannon G. Trout Aye Gary A. Lofton No Robert W. Wells No J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye JudithMcCann-SlaughterAye Supervisor Dunn referenced the issue of housing unit growth as just discussed during the deliberation on the unintended consequences of the buffer amendment. He said constituents often ask the Board to do something and this is an example of the Board not being able to do anything without going to the State Legislature. He said there needs to be a method for the County to recover major capital costsassociated with residential growth. ADJOURN On motion of Vice Chairman Lofton, seconded by Supervisor Dunn, the meeting was adjourned at 8:18 p.m. 8 of 11 Frederick County Board of Supervisors Minutes * May 9, 2018 COUNTY of FREDERICK Department of Planning and Development540/ 665-5651 Fax: 540/ 665-6395 MEMORANDUM TO: Board of Supervisors FROM: John A. Bishop, AICP, AssistantDirector -Transportation RE: Transportation Committee Report for Meeting of April 23, 2018 DATE: April 25, 2018 The Transportation Committee met on Monday, April23, 2018at 8:30 a.m. Members PresentMembers Absent Gary LoftonChairman (voting)Mark Davis (liaison Middletown) Judith McCann-Slaughter (voting)Barry Schnoor (voting) James Racey(voting) Gary Oates(liaison PC/voting) Lewis Boyer (liaison Stephens City) ***Items Not Requiring Board Action*** 1.Jones Road-Truck Restriction: Chairman Lofton wascontacted by residents thatreside on Jones Road regarding the increase in heavy truck traffic. They are seeking a truck restriction. The Committee discussed that Jones Road provides a connection between Middle Road and Cedar Creek Grade. The most recent VDOT traffic count on Jones Road indicatedtheaverage dailyusewas2,700vehicles. This count does not provide a truck percentage.It was discussed if the trucks are restricted from using Jones Road, analternate route would be used. Upon motion by, Mr. Oates,seconded byMr. Racey the Committee chose not to send forward a recommendation to the Board of Supervisors. 2.Grace Church Road (Route 668)-Unpaved Road: Staff has been in contact with a resident of Grace Church Road, regarding dust and maintenance. Virginia Department of Transportation (VDOT) has applied dust remediation, however the overall concern of the maintenance remains. The resident would like the roadway to be added to the unpaved list. The traffic trips have increased 50% from 120 trips per day in 2008 to 180 trips in 2017. 107 North Kent Street, Suite 202Winchester, Virginia 22601-5000 9 of 11 Frederick County Board of Supervisors Minutes * May 9, 2018 -2- Upon motion by SupervisorMcCann-Slaughter, seconded by Mr. Oates, the Committee recommended thatStaff include Grace Church Road (Route 668) to the next update of the Secondary Road Improvement Plan. 3.Route 604from Route55 to Route600-Truck Restriction: Chairman Lofton has been contacted by the residents of Gravel Springs Road (Route 604)regarding heavy truck traffic. They are seekingatruck restriction. Gravel Springs Road provides a connection between Wardensville Pike (Route 55)and Route 600. This section was counted by VDOT in 2014 and at that time there was a total of390 vehicles per day. This study did not specify truck trips. The Committee discussed the proposed truck restriction and requested additional analysis by VDOT and was not ready to move forward. On motion by Mr.Racey, seconded by Mr.Oates the Committee recommended postponingthis item until additional analysis by VDOT iscompleted. 4.County Project Updates: Tevis Street Extension/Airport Road/I-81 Bridge: Staff continues to work through roundabout design commentsfrom VDOT. A memorandum of the agreement has been developed regarding the comments from the Shenandoah Valley Battlefield Foundation that was part of the State Environmental Review Process and has been distributed. The surface street design is nearly complete. Renaissance Drive: The test borings for the geotechnical report are currently taking place. The geotechnical report is expected to be completed in May. Staff is awaiting additional feedback from FirstEnergy regarding powerline impacts. The Preliminary Engineering Agreement has been executed with CSX, which governs CSX review of thebridge design. Pennoni Associates is beginning towork on the State Environmental Review Process and the design is at 30%. Coverstone Drive: No activity currently. Jubal Early Drive Extension and Interchange with Route 37: Staff has recently prepared materials for our private partner that outlines the timelines for funding and items that are needed to proceed forward with the project. 10 of 11 Frederick County Board of Supervisors Minutes * May 9, 2018 -3- 5.Upcoming Agenda Items: May Interstate, Primary, and Secondary Plan updates TBD Oakdale Crossing Traffic Calming Study 6.Other Business: Mr. Oates was contacted by a resident of Woodside Road regarding the dust and maintenance. Staff advised a follow-up with the Committee on this issue. The next Transportation Committee meeting has beenrescheduledto May 21, 2018. JAB/ks 11 of 11 Frederick County Board of Supervisors Minutes * May 9, 2018 COUNTY of FREDERICK Finance Department Cheryl B. Shiffler Director 540/665-5610 Fax: 540/667-0370 E-mail: cshiffle@fcva.us TO: Board of Supervisors FROM: Finance Committee DATE: May 16, 2018 SUBJECT: Finance Committee Report and Recommendations A Finance Committee meeting was held in the First Floor Conference Room at 107 North Kent Street Wednesday, May 16, 2018 at 8:00 a.m. All members were present. () Items 1, 2, 3, and 4 were approved on consent agenda. 1.() The Sheriff requests a General Fund supplemental appropriation in the amount of $18,253.92. This amount represents (3) auto claim insurance reimbursements. No local funds required. See attached memos, p. 3 8. 2.() The Sheriff requests a General Fund supplemental appropriation in the amount of $4,809.84. This amount represents reimbursements for extraditions. No locad memos, p. 9 11. 3.() The Sheriff requests a General Fund supplemental appropriation in the amount of $100. This amount represents a donation to the Honor Guard. No local funds required. See attached memo, p. 12 13. 4.() The Parks & Recreation Director requests a General Fund supplemental appropriation in the amount of $900. This amount represents a donation specified for the purchase of convenience stations at Sherando Park. No local funds required.14. 5.The Treasurer requests a General Fund supplemental appropriation in the amount of $52,000. This amount represents funds needed for DMV stops for the remain local funds required as revenue collected has exceeded budgeted p.15. The committee recommends approval. 107 North Kent Street Winchester, Virginia 22601 Finance Committee Report and Recommendations May 16, 2018 Page 2 6.The Department of Social Services requests a General Fund budget reduction in the amount of $220,000. Of that amount, $58,875 represents local funds. The reduction represents yearend adjustments to bring the County budget in line with the State bu p. 16 19. The committee recommends approval. 7.The Department of Social Services requests a General Fund budget transfer in the amount of $48,231. This amount represents a transfer out of health/dental to be used for ad expenses. No additional local funds required. See attached inf 16 19. The committee recommends approval. INFORMATION ONLY 1.The Finance Director provides a Fund 10 Transfer Report for April 2018. See attached, p. 20 21. 2.The Finance Director provides financial statements ending April 30, 2018. See attached, p. 22 32. 3.The Finance Director provides an FY 2018 Fund Balance Report endMay 10, 2018. See attached, p. 33. Respectfully submitted, FINANCE COMMITTEE Judith McCann-Slaughter, Chairman Charles DeHaven Gary Lofton Angela Rudolph Jeffrey Boppe By ___________________________ Cheryl B. Shiffler, Finance Director REZONING APPLICATION #05-17 O-N MINERALS/dba CARMEUSE LIME & STONE Staff Report for the Board of Supervisors Prepared: May 17, 2018 Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director Reviewed Action Planning Commission: 11/15/17 Public Hearing Held; Postponed for 90 Days Planning Commission: 02/21/18 Public Hearing Held; Recommended Denial Board of Supervisors: 03/14/18 Public Hearing Held; Postponed for 30 Days Board of Supervisors: 04/25/18 Public Hearing Postponed till May 23, 2018 Board of Supervisors: 05/23/18 Pending PROPOSAL: To rezone 394.2+/- acres from the EM (Extractive Manufacturing) District with proffers to the EM (Extractive Manufacturing) District with revised proffers. The Middletown site was originally rezoned to the EM (Extractive Manufacturing) District with Rezoning #03-06 for O-N Minerals (Chemstone) which was approved in 2008. LOCATION: The properties are located west of the Town of Middletown. Specifically, the Middle Marsh Property is located east of Belle View Lane (Route 758), and west and adjacent to Hites Road (Route 625) and is further traversed by Chapel Road (Route 627). The Northern Reserve is bounded to the south by Cedar Creek and is west and adjacent to Meadow Mills Road (Route 624). EXECUTIVE SUMMARY & CONCLUSION FOR THE 05/23/18 BOARD OF SUPERVISORS MEETING: The Planning Commission at their February 21, 2018 meeting unanimously recommended denial of this application. The Board of Supervisors held a public hearing for this item on March 14, 2018 and postponed the application until the April 25, 2018 meeting. The application was then postponed to the rd May 23 Board of Supervisors meeting to provide the Applicant additional time to work on the application. This proffer amendment proposes to remove the previously proffered Overall Plan, Phasing I, II, III and IV Plans and six of the twelve viewshed plans. The revised proffer proposes to utilize an amended Generalized Development Plan and nine viewshed plans. This amendment seeks to revise the timing of the installation of the berms, revise the heights of the berms, seeks to remove the landscaping exhibit for the berms and removes the water supply and reclamation proffers. Staff has received revised proffers dated May 15, 2018. The revised proffers include text which preserves existing vegetation between Berm D and the Westernview Subdivision, addresses stockpiling of material, use of areas outside of Berm D, hours of operation, well monitoring and blasting notifications. Elements of the rezoning application have been identified in the staff report that should be carefully evaluated to ensure that they fully address the impacts associated with this amendment. Following the required public hearing, a decision regarding this rezoning application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. Rezoning # 05-17 CARMEUSE LIME & STONE May 17, 2018 Page 2 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by Staff where relevant throughout this staff report. Reviewed Action Planning Commission: 11/15/17 Public Hearing Held; Postponed for 90 Days Planning Commission: 02/21/18 Public Hearing Held; Recommended Denial Board of Supervisors: 03/14/18 Public Hearing Held; Postponed for 30 Days Board of Supervisors: 04/25/18 Public Hearing Postponed till May 23, 2018 Board of Supervisors: 05/23/18 Pending PROPOSAL: To rezone 394.2+/- acres from the EM (Extractive Manufacturing) District with proffers to the EM (Extractive Manufacturing) District with revised proffers. The Middletown site was originally rezoned to the EM (Extractive Manufacturing) District with Rezoning #03-06 for O-N Minerals (Chemstone) which was approved in 2008. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBERS: 83-A-109 and 90-A-23 (portions of) PROPERTY ZONING : EM (Extractive Manufacturing) District PRESENT USE: Quarry and Undeveloped ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Residential South: EM (Extractive Manufacturing) Use: Shenandoah County East: RA (Rural Areas) Use: Residential/Agricultural West: RA (Rural Areas) Use: Residential/Agricultural PROPOSED USES: Quarry Rezoning # 05-17 CARMEUSE LIME & STONE May 17, 2018 Page 3 REVIEW EVALUATIONS: Planning & Zoning: 1)Site History: The original Frederick County zoning map (U.S.G.S. Middletown Quadrangle) identifies the subject parcels as being zoned A-2 (Agricultural General). districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re-mapping of the subject property and all other A-1 and A-2 zoned land to the RA District. The subject properties were rezoned to the EM (Extractive Manufacturing) District with the approval of Rezoning #03-06 on May 28, 2008 (see attached original proffers). 2)Comprehensive Plan: The 2035 Comprehensive Plan is the guide for the future growth of Frederick County. The 2035 Comprehensive Plan is an official public document that serves as the Community's guide for making decisions regarding development, preservation, public facilities and other key components of Community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. The Area Plans, Appendix I of the 2035 Comprehensive Plan, are the primary implementation tool and will be instrumental to the future planning efforts of the County. Land Use The subject properties are located within the Rural Areas of Frederick County and are outside of the limits of the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). The Rural Areas land use designation is defined in the Comprehensive Plan as all areas outside of the designated Urban Development Area. The primary land uses in the Rural Areas are agriculture and forests. The primary growth pattern consisting of widely scattered, large lot residential development. Transportation and Access The Eastern Road Plan of the Comprehensive Policy Plan does not cover this portion of the County. Per the 2006 rezoning, site access continues to be via the existing quarry entrance on McCune Road (Route 757) See proffer 2.1 3)Historic: The Historic Resources Advisory Board (HRAB) reviewed the original 2006 rezoning application on December 20, 2005. This rezoning does not increase the historic impacts from the original rezoning application. Staff would note that the Applicant has completed the 8-acre land dedication to the Cedar Creek Battlefield Foundation as stated in proffer 3.1, as well as, the Rezoning # 05-17 CARMEUSE LIME & STONE May 17, 2018 Page 4 Phase I Archeological Survey per proffer 3.2. 4)Proffer Statement Dated June 13, 2005; revised January 31, 2018; revised February 14, 2018; March 2, 2018; revised May 15, 2018: Proposed revisions from the approved proffer statement (please see attached redline copy of the proffer statement): Proffer Introduction : This proffer amendment proposes to remove the previously proffered Overall Plan, Phasing I, II, III and IV Plans and six of the twelve viewshed plans. The amended proffer proposes to utilize a Generalized Development Plan and nine viewshed plans (Viewshed 1A Viewshed 1B, Viewshed 2, Viewshed 3, Viewshed 4A, Viewshed 5A, North Viewshed 1, North Viewshed 2 and North Viewshed 3). The Phasing I, II, III and IV Plans of the GDP from the approved rezoning show o a phasing sequence for the mining of the property. While the phasing plans that were part of the proffered GDP are proposed to be removed with this amendment, the phasing text has been retained (see revised proffer 13). Site Development Proffer 2.2 - Berms- This proffer amendment proposes to change the text pertaining to the berms, revises the timing of the installation of the berms, removes the landscaping exhibit and changes the approval of the landscaping utilized on the berms. Berm Installation Timing: o Berms A and Berm B (original Phase I) were to be installed within 10 years of the approval of the proffer (2018). Berms C and Berm D (original Phase II) were to be installed no later than 10 years prior to the commencement of mining north of Chapel Road. The proffer amendment removes the requirement that the berms be installed 10 years prior to mining north of Chapel Road. The proposed amendment states that the berms would be installed after permitting and two years prior to the extraction of material for processing. The amendment removes original Exhibit 3 which pertained to the description of the plants to be installed on the berms. The approved deciduous and coniferous plantings placed in a random manner to be consistent with approval by the Zoning Administrator and the state forester. The clude a seed mix recommended by the National Park Service that is currently in use at the adjacent Cedar Rezoning # 05-17 CARMEUSE LIME & STONE May 17, 2018 Page 5 Staff Comments: Berms C & and south of Chapel Road that were to be installed 10 years prior to mining north of Chapel Road. The approved proffer provided time for the plantings to become established on the berms prior to mining activities. This proffer revises the timing to include two years prior to extraction of materials, which reduces the established timeline that would provide additional established landscaping protection for adjacent properties. Berm Heights: o Proffer 2.2 Berm Heights. Berms were proffered with a maximum height of 30 feet and a minimum height of 10 feet as depicted on the twelve original viewshed plans. The proposed proffer includes nine landscaping, earthen berms and fencing shall either be maintained or and that the berms in the areas where berms are depicted on said Proffer 2.2BermDSection 1 - Berm Section 1 is the section south of the Westernview Subdivision. The viewshed from the quarry to the adjacent Subdivision was originally proffered at a 20and provide for a preservation of the existing vegetation/tree/fence width. Proffer 2.2Berm D - Section 2 Thiwhich is consistent with the approved proffers, however; the revision includes a statement that the berm could be reduced due to cemetery or stream encroachment Proffer 2.2Berm D - Section 3 The northern section of Chapel Road however, the proffer removes the timing for this berm (Berm D). Proffer 2.2Berm D - ection 4 S This berm is consistent with the approved proffers (see viewshed 6 from the approved proffer and the Section 4 Proffer 2.2 Stockpile No spoil pile shall exceed the height of the highest berm north of Chapel Road. Proffer 2.2 Area outside of Berm D Section 1 There shall be no extraction of material for processing outside the berms. The field between Berm D Section 1 and Westernview shall not be used for long Rezoning # 05-17 CARMEUSE LIME & STONE May 17, 2018 Page 6 term parking or storage of mining equipment, and any vehicles and/or equipment shall be staged in this area only while they are engaged maintenance, monitoring and/or exploration activities. Staff Comments: The reduction in berm heights and the elimination of the viewshed plan for the Chapel Road area could greatly impact the surrounding residential properties as well as the viewshed and appearance of the Chapel Road area. Berm Section 2 should be placed in an area that would not encroach on the cemetery and the stream to ensure that a definitive berm height is provided. Quarry Hours Proffer 2.4 This proposed addition includes normal hours of operation for the portion of the property north of Chapel Road which will be 5 a.m.-11 p.m. Monday-Friday and no major holidays. Alterations to these hours could be deviated due to major issues or customer demand as outlined in the proffer and impacted prior notice of shifts in hours of operation. Staff Comments: The text regarding the allowance to shift hours of operation do to excessive customer demand and production to meet demand appears to negate the benefit of this proffer. Rights to Water Supply Original Proffer 5. This proffer is proposed to be eliminated. Reclamation Original Proffer 10 This proffer is proposed to be eliminated. Proffer 4 Groundwater (Original proffer 5): o Owner agrees to install at least one monitoring well within six (6) months of the Proffer 6 Blasting Control (Original Proffer 7): o ed herein, the Owner shall establish and maintain a notification methodology that provides notice to the requesting property owner of any and all blasting that will occur north of Chapel Road as part of the extraction of material for processing or site development. Such methods may include but not be limited to, telephone calls, text messages or emails. Proffer 8 (Original proffer 9.1): Addition to this proffer of o strategic location north of Chapel Road. Such location shall be chosen in Rezoning # 05-17 CARMEUSE LIME & STONE May 17, 2018 Page 7 coordination with and at the direction of a licensed engineer well versed in this function. Proffer 10 (Original Proffer 12). o Proffer 12 Environment (Original Proffer 14): Proffer 12.4 - agrees that the existing fence line/tree line along Section 1 of o Berm D will remain and be maintained using best management and farm practices. All other proffers remain generally consistent with the 2006 approved rezoning and proffer statement. PLANNING COMMISSION SUMMARY AND ACTION FROM THE 11/15/17 MEETING: Staff reported this is a request to amend the proffers associated with Rezoning #03-06 which was approved in 2008. Staff continued, at that time 394.2+/-acres was rezoned from RA (Rural Areas) District to EM (Extractive Manufacturing) District. Staff noted the Applicant is seeking to revise the proffers pertaining to: Viewshed Plans, Berm heights, installation timing, landscaping exhibit removal, and cemetery access. A location map of the property was presented. Staff reported the amendment seeks to remove the previously proffered Overall Plan, Phasing I, II, III and IV Plans, and the twelve (12) Viewshed Plans which were all components of the General Development Plan (GDP). This amendment seeks to eliminate these components and only utilize one (1) GDP. Staff presented the GDP which is generally consistent with the outline of the previously approved GDP in regard to the Berm locations on the properties. Staff reviewed the proffer revisions: Viewshed Plans, Berm Heights, and Berm Installation Timing: The viewshed plans from the approved rezoning depicted the proposed berm heights that would provide screening and protection for surrounding properties. Berm timing Berms A and B were to be installed within 10 years of rezoning approval (installation by 2018). Berms C and D were to be installed no later than 10 years before the commencement of mining north of Chapel Road. This amendment removes all minimum/maximum heights and timing is now prior to the commencement of any extraction of materials. Cemetery Access: Amendment seeks to eliminate the Marsh Brook Lane access and provide a new right- of-way that would provide access to the cemetery via Chapel Road. (the approved rezoning stated that the Applicant would improve the Marsh Brook Lane access within 12 months of completion of the cemetery restoration) Rezoning # 05-17 CARMEUSE LIME & STONE May 17, 2018 Page 8 The proposed amendment does not contain a timeline for the installation of this accessway and does not contain a backup if agency approval cannot be obtained for the new access point on Chapel Road. Staff noted it appears this proposed proffer amendment will have a great impact on the surrounding residential properties and the Applicant has not provided justification that the berm revisions and the changes requested would mitigate the impacts on the surrounding properties. A Commissioner inquired about the rights to water supply in paragraph 4.1 of the proffers. Staff explained that a proffer amendment was received from Mr. Ty Lawson prior to the meeting. Staff and the County Attorney were not able to review these prior to this meeting and cannot comment on them at this time. A Commissioner asked how long the Applicant has been working with Staff on these revisions. Staff noted in June 2017 comments were provided to the Applicant. A Commissioner inquired, in the original proffers there were commitments as far as pre-blast surveys of the properties surrounding the quarry; who was responsible in making sure the Applicant performed those commitments that were agreed to in the original rezoning; is the County involved in that, specifically the surveys concerning property conditions, water well conditions, and seismic monitoring. Staff that those proffers are not being fulfilled or there is a complaint, that proffer compliance would be investigated and determined if the proffers are being met or not. A Commissioner asked if Staff had received comments from residents that the proffers were not implemented as originally agreed to. Staff commented no, not at this time. A Commissioner commented that if the proposed amendment were approved, that the height of the berms would be up to the Applicant. Staff stated that is correct, under the proposed amendment the berm height would be at the Applicants discretion and they eliminated the landscaping detail. The Commissioner commented the current approval offers more to work with; the new proposal has no specificity. A Commissioner commented for clarity and should ignore what was submitted just a few hours ago and focus on what is in the agenda. A Commissioner asked how close the berms on the north end are from the residential strip of community housing there. Staff deferred this question to the Applicant as to if they have an exact distance planned for the old and new proffers. Mr. Thomas (Ty) Moore Lawson, P.C. with Lawson & Silek, P.L.C representing the Applicant came forward. Mr. Lawson reported this proffer amendment is to specifically address the berms; on the north end of the property. In response to a Commissioner, Mr. Lawson noted when this exercise was started it was written in a way to just focus on things they wanted to change, as things developed it was pointed out with this rezoning being relatively old that a lot has been completed, therefore what has been accomplished should be considered. Mr. Lawson continued, 36+ acres has been conveyed to the Cedar Creek Battlefield and Article 4 references two old agreements that existed with the Sanitation Authority in 2005; those agreements were terminated, and a new agreement was put in place. Mr. Lawson reviewed the proffer update that was sent to Staff just prior to this meeting: 8-acre historical reserve grew to 36-acres; Phase I archeological study; Two (2) cemeteries were restored; ground water labeled as completed but under way; pre-blast surveys are ongoing (have contacted 105 families); noise requirements are the same; well monitoring is ongoing; phasing of berms A and B are complete. Regarding the berms Mr. Lawson explained the intent now is to have irregular berms in height and different vegetation. Mr. Lawson provided photos of existing berms and of new proposed berms Rezoning # 05-17 CARMEUSE LIME & STONE May 17, 2018 Page 9 placing berms behind vegetation. Mr. Lawson addressed the question of timing for the berms; the existing proffers states the berms be installed ten (10) years prior to mining activities, this has been removed and replaced with commencement and behind the tree lines so there is less disturbance. Mr. Lawson provided photos of the viewshed and the GDP. A Commissioner inquired why the berms are being located behind the vegetation. Mr. Lawson commented the Applicant has a better idea where most of the stone is underground therefore the point is to be able to install the berms 100 ft. off the property line in turn making the impacts less severe. The Commissioner commented, to simplify; relocating the berms now depends on where the high-quality mineral is to be mined. Mr. Lawson stated that is partially correct; the other part is a fresh set of eyes reviewed this and determined relocation would be better for neighbors. The Commissioner noted relocating the berms have no bearing on the height of the berms. Mr. Lawson explained there was not a requirement to make the berms 30 ft., but somehow became part of the public process; this is not something the company wanted, and the intent is to vary the berm sizes. A Commissioner requested clarification that the 85 property owners within the property boundary have been contacted regarding pre-blast surveys. Mr. Lawson noted the Applicant contacted all property owners, also offered pre- advantage of this and others have not. The Commissioner asked if someone comes forth years down the road with problems on their property or structure, how would Chemstone defend this. Mr. Lawson explained the property owners should take advantage of these offers in advance therefore having something to go by. Mr. Lawson noted the existing proffers do not change obligations to one another. Complaints and questions are addressed by the company at all times. The Commissioner asked how often seismic waves are monitored for the 85 properties. Mr. Lawson stated the monitoring is ongoing. Mr. Mark Basel, Site Production Manager at the Middletown, Virginia operation came forward and reported the operation at Chemstone monitors every blast. They have permanent seismic graphs at three (3) different residences toward the southern end of the property. Mr. Basel noted currently there are no monitors at the northern end where there is no mining yet; they do place mobile units if necessary. A Commissioner inquired has there been any reported impacts/damages from blasting. Mr. Basel commented to his knowledge they have not been out of compliance; they do get calls if the blast is felt stronger than normal. He reiterated, they do monitor all blasts. There were nine (9) citizens that spoke in opposition of this rezoning. The concerns shared were similar: delay action on this item, no contact from the Applicant regarding well and pre-blast surveys, berms would not provide enough protection and language in the proffers very ambiguous. Mr. Lawson responded to comments: the drawings/maps are scaled, it is approximately 100 feet from the property line under the existing proffers, the Applicant has copies of notifications/letters that were sent to property owners for pre-blast surveys and well monitoring. A Commissioner reminded everyone this item is not about the current land use which was previously approved; it pertains to the proffers being amended. He commented, he is agreeable to a delay on this and noted community engagement is extremely important. A Commissioner commented, this item must be acted on in a timely manner and cannot be moved to Spring 2018; he agrees to a postponement. The Commissioner continued, he urges the citizens to take advantage of the offer made by Carmeuse for pre-blast surveys and well monitoring so there can be a base starting point down the road. He Rezoning # 05-17 CARMEUSE LIME & STONE May 17, 2018 Page 10 concluded, the language is very ambiguous and vague, the Applicant needs to put back in the drawings and examples and put things in writing so that it is very clear. A motion was made, seconded, and unanimously passed to recommend postponement for 90 days. (Note: Commissioners Unger and Cline were absent from the meeting) PLANNING COMMISSION SUMMARY AND ACTION FROM THE 02/21/18 MEETING: Staff reported this is a request to amend the proffers associated with Rezoning #03-06 which was approved in 2008. Ms. Perkins continued, this request was postponed for 90 days at the Planning proposal with neighbors. Staff explained the Applicant is seeking to revise the proffers pertaining to: Viewshed Plan, Berm heights, installation timing, Landscaping exhibit removal and Cemetery access. Staff compared the proffers that have been approved to the amended proffers, dated February 14, 2018: The approved proffer required berms proffered viewshed plans. The revision includes 3 viewshed plats that only show proposed berm details north of Chapel Road. Berm Heights Berm D (north of Chapel Road); berm adjacent to the Westernview Subdivision Berm Heights Berms C & D; removes the berm detail south of Chapel Road and the Northern Berm Timing Berms C & D were proffered to be installed no later than 10 years prior to the commencement of mining north of Chapel Road. The revision proposes Berms C & D to be installed after the permitting process of the properties for mining and before any extraction of material for processing. Proffer 2.2 is ambiguous and appears to allow for the complete elimination of all berms and only fencing provided. Cemetery Access: Seeks to relocate the Marsh Brook Lane access to Chapel Road. The so it can be used for access and that the Applicant would provide continued maintenance. The proposed proffer states that the owner would relocate the ROW; this proffer is ambiguous as to whether the Applicant will be building a ROW for access or just relocating the ROW. It was noted this also removes the timeline (12 months from cemetery restoration) therefore this is no trigger for the completion of this relocation. Site Access c secondary Rezoning # 05-17 CARMEUSE LIME & STONE May 17, 2018 Page 11 questions regarding site access directly via Chapel Road; Proffer 2.1 prohibits access to Chapel Road for quarry operations. The proffered GDP indicates a proposed tunnel under Chapel Road. Staff concluded it appears this proposed proffer amendment will have a great impact on the surrounding residential properties and the Applicant has not provided justification that the berm revisions and the changes requested would mitigate the impacts on the surrounding properties. Mr. Michael Wilmoth from Carmeuse presented a brief overview of what has transpired since the November meeting: held two community meetings; had face to face meetings with residents; handled numerous phone calls. He provided a presentation of the revised proffers and various mapping. A Commission Member inquired if the open field on the combined comparison will be mined in the future. Mr. Wilmoth stated not at this time. A Commission Member suggested possibly zoning this piece back to RA. Mr. Ty Lawson, representing the Applicant noted there is no intent at this time. A Commission Member suggested, if the berms are behind the tree line, why not include map or protection in the proffers and could be include in proffer 2.2. The Commissioner noted the wording in proffer 2.2 can be easily misinterpreted. A Commission Member suggested the wording be changed to offer protection to residents in the future. Mr. George McKotch of Carmeuse came forward and provided information pertaining to the berms and future mining. A Commission Member reminded everyone that is what is presented in the agenda is what is to be voted on this evening. The Public Hearing was opened and six (6) residents came forward and shared their opposition to this rezoning citing concerns such as: requests not fully addressed by Carmeuse; community meetings did not involve everyone, truck traffic on roads, all berms to be 30 feet and residents losing property value. A Commission Member commented the items presented tonight are not acceptable, he sees no reason to reduce the height of the berms and the residents are not satisfied with any of the changes. Mr. Lawson noted the mission was to meet with neighbors; the berm height was the majority of the discussion and they received conflicting requests from neighbors. Mr. Lawson concluded this item needs to move forward and there is no time for a delay request. A motion was made to deny this request, seconded, and unanimously recommended for denial. (Commissioner Mohn was absent from the meeting) BOARD OF SUPERVIORS SUMMARY AND ACTION FROM THE 03/14/18 MEETING: Staff provided an overview of the application and the revisions requested by the Applicant. Thomas Moore Lawson, representing Carmeuse, introduced Michael Wilmoth of Carmeuse who provided an overview of the request. Mr. Wilmoth said the company met with the neighbors of the property in question and the consensus was that moving the berm and changing the berm timeline were good things. He discussed a list of 11 items that were requested by the neighbors saying Carmeuse has been able to agree to eight of them. Mr. Lawson proceed to provide additional information and an overview of their request. Dr. Clarence R. Geier then discussed the Phase I Archeological Survey which was conducted on the property. Rezoning # 05-17 CARMEUSE LIME & STONE May 17, 2018 Page 12 Thirteen citizens spoke during the public hearing. Mr. Lawson responded to the public hearing comments and he appreciated the time and there have been seven amendments to the proffers and highlighted the proposed changes. The item was postponed to the April 25, 2018 meeting with a continued public hearing. EXECUTIVE SUMMARY & CONCLUSION FOR THE 04/25/18 BOARD OF SUPERVISORS MEETING: The item was postponed to the May 23, 2018 meeting with a continued public hearing. EXECUTIVE SUMMARY & CONCLUSION FOR THE 05/23/18 BOARD OF SUPERVISORS MEETING: The Planning Commission at their February 21, 2018 meeting unanimously recommended denial of this application. The Board of Supervisors held a public hearing for this item on March 14, 2018 and postponed the application until the April 25, 2018 meeting. The application was then postponed to the rd May 23 Board of Supervisors meeting to provide the Applicant additional time to work on the application. This proffer amendment proposes to remove the previously proffered Overall Plan, Phasing I, II, III and IV Plans and six of the twelve viewshed plans. The revised proffer proposes to utilize an amended Generalized Development Plan and nine viewshed plans. This amendment seeks to revise the timing of the installation of the berms, revise the heights of the berms, seeks to remove the landscaping exhibit for the berms and removes the water supply and reclamation proffers. Staff has received revised proffers dated May 15, 2018. The revised proffers include text which preserves existing vegetation between Berm D and the Westernview Subdivision, addresses stockpiling of material, use of areas outside of Berm D, hours of operation, well monitoring and blasting notifications. Elements of the rezoning application have been identified in the staff report that should be carefully evaluated to ensure that they fully address the impacts associated with this amendment. Following the required public hearing, a decision regarding this rezoning application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. ST 627 REZ # 05 - 17 O-N Minerals (Chemstone) Co. PINs: ST ST 627 83 - A - 109, 90 - A - 23 759 ST 625 Rezoning from EM to EM Zoning Map ST 622 ST REZ #05-17 633 83 A 109 ST 627 ST 625 REZ #05-17 83 A 109 83 A 109 ST 627 ST ST 625 T-627 ST REZ #05-17 ST 757 842 Middletown 90 A 23 ST 624 ST 625 SHENANDOAH ST ST COUNTY 624 627 VIRGINIA ST 624 § ¨¦ 81 § ¨¦ 01 81 ST 11 ST 842 727 Applications Sewer and Water Service Area Parcels B1 (Neighborhood Business District) B2 (General Business District) B3 (Industrial Transition District) EM (Extractive Manufacturing District) § ¨¦ WARREN 81 HE (Higher Education District) COUNTY M1 (Light Industrial District) REZ # 05 - 17 Note: M2 (Industrial General District) Frederick County Dept of O-N Minerals MH1 (Mobile Home Community District) Planning & Development I MS (Medical Support District) (Chemstone) Co. 107 N Kent St Suite 202 OM (Office - Manufacturing Park) PINs: Winchester, VA 22601 R4 (Residential Planned Community District) 83 - A - 109, 90 - A - 23 540 - 665 - 5651 Rezoning from EM to EM R5 (Residential Recreational Community District) Map Created: October 18, 2017 Zoning Map RA (Rural Areas District) Staff: cperkins RP (Residential Performance District) 01,6003,2006,400Feet ST 627 REZ # 05 - 17 O-N Minerals (Chemstone) Co. PINs: ST ST 627 83 - A - 109, 90 - A - 23 759 ST 625 Rezoning from EM to EM Location Map ST 622 ST REZ #05-17 633 83 A 109 ST 627 ST 625 REZ #05-17 83 A 109 83 A 109 ST 627 ST ST 625 T-627 ST REZ #05-17 ST 757 842 Middletown 90 A 23 ST 624 ST 625 SHENANDOAH ST ST COUNTY 624 627 VIRGINIA ST 624 § ¨¦ 81 § ¨¦ 01 81 ST 11 ST 842 727 § ¨¦ WARREN 81 COUNTY REZ # 05 - 17 Note: Frederick County Dept of O-N Minerals Planning & Development I (Chemstone) Co. 107 N Kent St Suite 202 PINs: Winchester, VA 22601 83 - A - 109, 90 - A - 23 540 - 665 - 5651 Rezoning from EM to EM Applications Map Created: October 18, 2017 Location Map Sewer and Water Service Area Staff: cperkins Parcels 01,6003,2006,400Feet ST ST REZ # 05 - 17 638 622 O-N Minerals (Chemstone) Co. PINs:ST 627 ST 83 - A - 109, 90 - A - 23 ST 625 759 Rezoning from EM to EM Long Range Land Use Map ST 622 REZ #05-17 ST 633 83 A 109 ST 627 ST 625 REZ #05-17 83 A 109 83 A 109 ST 627 Applications ST ST Sewer and Water Service Area 625 T-627 ST ST REZ #05-17 Parcels 842 757 ST 90 A 23 Middletown Long Range Land Use 624 Residential SHENANDOAH ST 625 COUNTY Neighborhood Village ST VIRGINIA 624 ST Urban Center 627 Mobile Home Community ST 624 § ¨¦ Business 81 § ¨¦ 01 Highway Commercial 81 ST 11 Mixed-Use ST 842 727 Mixed Use Commercial/Office Mixed Use Industrial/Office Industrial Warehouse Heavy Industrial Extractive Mining Commercial Rec Rural Community Center Fire & Rescue Sensitive Natural Areas Institutional WARREN Planned Unit Development COUNTY VIRGINIA Park Recreation School Employment § ¨¦ 81 Airport Support Area B2 / B3 REZ # 05 - 17 Note: Residential, 4 u/a Frederick County Dept of O-N Minerals High-Density Residential, 6 u/a Planning & Development I High-Density Residential, 12-16 u/a (Chemstone) Co. 107 N Kent St Suite 202 Rural Area PINs: Winchester, VA 22601 Interstate Buffer 83 - A - 109, 90 - A - 23 540 - 665 - 5651 Rezoning from EM to EM Landfill Support Area Map Created: October 18, 2017 Long Range Land Use Map Natural Resources & Recreation Staff: cperkins Environmental & Recreational Resources 02,0004,0008,000Feet ORDINANCE Action: PLANNING COMMISSION: November 15, 2017 Public Hearing Held; Postponed for 90 days February 21, 2018 Recommended Denial BOARD OF SUPERVISORS: March 14, 2018 Postponed to April 25, 2018 April 25, 2018 Postponed to May 23, 2018 May 23, 2018 AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #05-17 O-N MINERALS/dba CARMEUSE LIME & STONE , WHEREAS REZONING #05-17, submitted O-N Minerals (Chemstone) Company to rezone 394.2± acres from the EM (Extractive Manufacturing) District with proffers to the EM (Extractive Manufacturing) District with revised proffers. The Middletown site was originally rezoned to the EM (Extractive Manufacturing) District with Rezoning #03-06 for O-N Minerals (Chemstone) which was approved in 2008. The Applicant is seeking to revise the proffers pertaining to viewshed plans, berms, landscaping and cemetery access with a final revision date of May 15, 2018 was considered. The subject properties are located west of the Town of Middletown. Specifically, the Middle Marsh Property is located east of Belle View Lane (Route 758), and west and adjacent to Hites Road (Route 625) and is further traversed by Chapel Road (Route 627). The Northern Reserve is bounded to the south by Cedar Creek and is west and adjacent to Meadow Mills Road (Route 624). The properties are located in the Back Creek Magisterial District and are identified by Property Identification Nos. 83-A-109 and 90-A-23 (portions of); and , WHEREAS the Planning Commission held a public hearing on this rezoning on November 15, 2017 and postponed the application for 90 days and; the Planning Commission then held a public meeting on this rezoning on February 21, 2018 and recommended denial; and , WHEREAS the Board of Supervisors held a public hearing on this rezoning on March 14, 2018 and postponed the application to the April 25, 2018 meeting with a continued public hearing; and WHEREAS, the Board of Supervisors on April 25, 2018 postponed the application to the May 23, 2018 meeting with a continued public hearing; and PDRes #08-18 - 2- WHEREAS, the Board of Supervisors held a public hearing on this rezoning on May 23, 2018; 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 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 rezone two (2) parcels of land, 394.2± acres from the EM (Extractive Manufacturing) District with proffers to the EM (Extractive Manufacturing) District with revised proffers with a final revision date of May 15, 2018. The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached. This ordinance shall be in effect on the date of adoption. Passed this 23rd day of May 2018 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Gary A. Lofton J. Douglas McCarthy Robert W. Wells Shannon G. Trout Judith McCann-Slaughter Blaine P. Dunn A COPY ATTEST _________________________________ Kris C. Tierney Frederick County Administrator PDRes #08-18 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 MEMORANDUM TO: Frederick County Board of Supervisors FROM: Candice E. Perkins, AICP, CZA, Assistant Director RE:Discussion St. Paul on the Hill Comprehensive Plan Amendment DATE: May 7, 2018 This is a draft amendment to the Senseny/Eastern Frederick Urban Area Plan of the 2035 Comprehensive Plan. This request is presented to the Board of Supervisorsas a discussion item. Staff is seeking direction from the Board of Supervisors on this Comprehensive Plan Amendment request. Proposal The subject property contains 4.971 acres and has an address of 1527 Senseny Road and is identified with Property Identification Number 54-A-128.The property is located within the Sewer and Water Service Area (SWSA) and the Urban Development Area (UDA). The property is designated in the Senseny/Eastern Frederick Urban Area Plan of the 2035 Comprehensive Plan for institutional land usewith environmental resources.The institutional land use is reflective of the existing church located on the property.Land uses surrounding the subject property include institutional, residential and The Greenwood Urban Center.The Applicant is requesting to change the future land use from Institutional to Urban Center. The Greenwood Urban Center area is tailored to be the future focal point of the Senseny Road and Greenwood area. The core area of this urban center is focused around the intersection of Senseny Road and Greenwood Road. The residential densities in the core of this area are envisioned to be in the 12-16 units per acre range, tapering off to 6 units per acre on its perimeter. It should be noted that the subject property iscurrently zoned RP (Residential Performance) District. The current by-right density for this Property if developed with townhouses or garden apartments would be 10 units per acre. As stated in the application, the Owner is seeking to construct a 70-unitage restricted low-incomeapartment building. This proposed development would equate to 14 units per acre. The Applicant is seeking to change the land use designation toUrban Center as this designation would allow for up to 20 units per acre by-right. Staff would CPPA St. Paul on the Hill May 7, 2018 Page 2 note that if the land use designation is changed from Institutional to Urban Center, it would double the by-right density allowed for this property without a rezoning. Staff would also note that low- income age restricted housing would not be guaranteed if this plan amendment is approved. Background At their March 14, 2018 meeting, the Board of Supervisors adopted a resolution directing Staff to undertake a land use study to evaluate the future land use of the Saint Paul on the Hill Property. The Comprehensive Plans and Programs Committee (CPPC), at their April meeting discussed this request. The CPPC recommended approval of the request and forwarded the amendment to the Planning Commission for discussion. The Planning Commission discussed this request at their May 2, 2018; the Planning Commission supported the request and sent the amendment forward to the Board of Supervisors. Conclusion Please find attached a memo from the FCSA with their comments for the requested comprehensive plan amendment application. Attached you will also find a map showing the location of the proposal, a map showing the location of the proposal in the context of the Senseny/Eastern Frederick Urban Area Plan (current land use and proposed land use) and a copy of the application. This request is presented to the Board of Supervisors as a discussion item. Staff is seeking direction from the Board of Supervisors on this Comprehensive Plan Amendment request. Attached is a resolution directing the item to a public hearing should the Board of Supervisors deem it to be appropriate. CEP/pd Attachments CPPA #01-18 St. Paul's on the Hill Episcopal Church Revise Senseny/Eastern Land Use Plan PIN: 54 - A - 128 Zoning Map CPPA #01-18 54 A 128 Urban Development Area SWSA Applications Parcels Eastern Road Plan Major Arterial Improved Major Arterial Minor Arterial Improved Minor Arterial Major Collector Improved Major Collector Minor Collector Improved Minor Collector Ramp Roundabout Trails Zoning B1 (Neighborhood Business District) B2 (General Business District) B3 (Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) CPPA #01-18 Note: M1 (Light Industrial District) Frederick County Dept of St. Paul's on the Hill M2 (Industrial General District) Planning & Development I MH1 (Mobile Home Community District) 107 N Kent St Episcopal Church MS (Medical Support District) Suite 202 PIN: OM (Office - Manufacturing Park) Winchester, VA 22601 54 - A - 128 540 - 665 - 5651 R4 (Residential Planned Community District) Revise Senseny/Eastern Land Use Plan Map Created: March 26, 2018 R5 (Residential Recreational Community District) Zoning Map Staff: cperkins RA (Rural Areas District) RP (Residential Performance District) 00.02250.0450.09Miles CPPA #01-18 St. Paul's on the Hill Episcopal Church Revise Senseny/Eastern Land Use Plan PIN: 54 - A - 128 Long Range Land Use Map Urban Development Area SWSA Applications Parcels Eastern Road Plan Major Arterial CPPA #01-18 54 A 128 Improved Major Arterial Minor Arterial Improved Minor Arterial Major Collector Improved Major Collector Minor Collector Improved Minor Collector Ramp Roundabout Trails Long Range Land Use Residential Neighborhood Village Urban Center Mobile Home Community Business Highway Commercial Mixed-Use Mixed Use Commercial/Office Mixed Use Industrial/Office Industrial Warehouse Heavy Industrial Extractive Mining Commercial Rec Rural Community Center Fire & Rescue Sensitive Natural Areas Institutional Planned Unit Development Park Recreation School Employment Airport Support Area CPPA #01-18 Note: B2 / B3 Frederick County Dept of St. Paul's on the Hill Residential, 4 u/a Planning & Development I High-Density Residential, 6 u/a 107 N Kent St Episcopal Church High-Density Residential, 12-16 u/a Suite 202 PIN: Rural Area Winchester, VA 22601 54 - A - 128 540 - 665 - 5651 Interstate Buffer Revise Senseny/Eastern Land Use Plan Map Created: March 26, 2018 Landfill Support Area Long Range Land Use Map Staff: cperkins Natural Resources & Recreation Environmental & Recreational Resources 00.02250.0450.09Miles CPPA #01-18 St. Paul's on the Hill Episcopal Church Revise Senseny/Eastern Land Use Plan PIN: 54 - A - 128 Requested Comprehensive Plan Amendment Long Range Land Use Map Urban Development Area SWSA Applications Parcels Eastern Road Plan Major Arterial CPPA #01-18 54 A 128 Improved Major Arterial Minor Arterial Improved Minor Arterial Major Collector Improved Major Collector Minor Collector Improved Minor Collector Ramp Roundabout Trails Long Range Land Use Residential Neighborhood Village Urban Center Mobile Home Community Business Highway Commercial Mixed-Use Mixed Use Commercial/Office Mixed Use Industrial/Office Industrial Warehouse Heavy Industrial Extractive Mining Commercial Rec Rural Community Center Fire & Rescue Sensitive Natural Areas Institutional Planned Unit Development Park Recreation School Employment CPPA #01-18 Airport Support Area Note: B2 / B3 St. Paul's on the Hill Frederick County Dept of Residential, 4 u/a Planning & Development I Episcopal Church High-Density Residential, 6 u/a 107 N Kent St High-Density Residential, 12-16 u/a PIN: Suite 202 Rural Area Winchester, VA 22601 54 - A - 128 540 - 665 - 5651 Interstate Buffer Revise Senseny/Eastern Land Use Plan Map Created: March 26, 2018 Requested Comp Plan Amendment Landfill Support Area Staff: cperkins Long Range Land Use Map Natural Resources & Recreation Environmental & Recreational Resources 00.02250.0450.09Miles AI-AP PPENDIX REA LANS S/EFUAP ENSENYASTERN REDERICK RBAN REA LAN SEFUAP Senseny/Eastern Frederick Urban Area Plan 9 AI-AP PPENDIX REA LANS S/EFUAP ENSENYASTERN REDERICK RBAN REA LAN This area is home to many families and successful businesses, an features, historic resources, and public facilities. The Sensen Frederick Urban Area Plan effort builds upon these great assets identified opportunities to; create new communities, integrate l transportation choices, address community infrastructure needs, A series of maps have been prepared which identify Future Land U Transportation, and Historical Resources, Natural Resources and Facilities within the study area. The Senseny/Eastern Frederick Urban Area Plan incorporates the f areas of new land use focus: the Urban Centers, the Parkins Mill Economic Development Area, Interstate and Highway Commercial at Routes 7, 522, Warrior Drive Employment and Commercial Center, and others. of Winchester and Clarke County. The study encompasses the area of the County that is generally e the City of Winchester and Route 522, South to the Clarke County and from Redbud Run in the north to the Opequon Creek in the sou This study area includes the Route 7 and Route 50 Business Corri Plans which were both adopted in 1994, and the eastern portion o Southern Frederick Land Use Plan which was adopted in 1999, gene north of the Opequon Creek. The study area includes both the Red and Shawnee Magisterial Districts and a small portion of the Sto Magisterial District. An overview to planning in Frederick County. Planning efforts, such as the Senseny Eastern Frederick Urban Ar enables the community to anticipate and deal constructively with occurring in the community. Planning helps guide the future gro community and is intended to improve the public health, safety, and welfare of its citizens. The Plan provides a guide for future land use and was a collabor the citizens of Frederick County, County Planning Staff, Plannin Commissioners, and Board of Supervisors. However, it is the pro who are the ones who make the decision as to whether or not to i Plan as it applies to their property. Senseny/Eastern Frederick Urban Area Plan 10 AI-AP PPENDIX REA LANS Future rezoning is a means of implementing the Plan. Rezonings County have historically been initiated by the property owner, o consent. There is no reason to expect that this will change in Therefore, it is important to remember that the Plan is a guide the community, but that the property owner is ultimately the one the future use of their property. Land Use Urban Centers The Urban Centers are envisioned to be intensive, walkable urban are well integrated with the surrounding community. The urban c be based on the principles of New Urbanism or Traditional Neighb promoted in the 2035 Comprehensive Plan. They shall contain a large commercial core, generally higher residential densities with a m types, an interconnected street system, and public open space ar the urban center is designed. Multiple uses are envisioned in si Community facilities shall also provide a focal point for the ur surrounding community. Public spaces in the form of pocket park greens shall be further integrated into the design of the Urban Presently, Greenwood Mill Elementary School, Admiral Byrd Middle Evendale Elementary School provide a focal point for community a the future, these resources shall be complemented by a new High Middle School, and Elementary School which shall serve the exist population and be located within close proximity to the centers. The Urban Centers are centrally located in the study area. The residential mix of land uses shall have a strong street presence to existing and planned road infrastructure. The mix of commerc employment, and community uses shall be linked to the surroundin inter-modal transportation choices and public open spaces. Whil characteristics of the urban centers are the same, each urban ce envisioned to be more individual, of a varying scale, and distin particular location. The following describes what an urban center in Frederick County The land use and/or building types could include, in addition to residential, community oriented types such as civic, religious, institutional uses. In the core area one may find 2 to 4 story the center, share party walls and front directly on the sidewalk ground floor one will find retail and commercial uses, upper sto offices in some buildings and others will have apartments; and p will be on the street or in lots behind the buildings and possib if there is such need for structured parking. These types of str readily accessible from the boulevards that serve the urban cent Senseny/Eastern Frederick Urban Area Plan 11 AI-AP PPENDIX REA LANS The Crosspointe Urban Center The designated Crosspointe Urban Center provides an opportunity either the currently approved project or an intensification of t allow for a greater mix of land uses, including residential, for economic return to both the County and the property owner. The Urban Center is envisioned to be the most commercial and urban o centers and, at the convergence of Interstate 81, Route 37 and f Drive, is ideally located to be the most intensive. The residen Opportunities exist to further the entertainment characteristics based on its location, visibility and accessibility. The Greenwood Urban Center The designated Greenwood Urban Center provides an opportunity fo point for an area where most of the recent suburban residential has occurred. The Greenwood Urban Center is envisioned to intro of uses into already developed areas in a way that builds the id enhances it livability. This Urban Center should embrace a traditional main-street feel, friendly, ecologicall local heritage and look to the future by promoting urban life in way. This lifestyle center should be defined by tree-lined boul inviting central park area oriented around the existing historic grounds. The residential densities in the core of this area are envisione 16 units per acre range, tapering off to 6 units per acre on its Anchored in all directions by existing and proposed schools and Urban Center is tailored to be the future focal point of the Sen Greenwood area. The Parkins Mill Urban Center/Neighborhood Village This designated urban center provides an opportunity to introduc into a largely undeveloped area in a way that builds the identit the economic performance of these communities. This area is alr by an elementary school and middle school. Similar to the Senseny and Greenwood Urban Center, this Urban Ce also embrace a traditional main-street feel, be pedestrian-frien promote urban life in a dynamic new way. This urban center shou by tree-lined boulevards and an inviting central park area orien existing public facilities. Senseny/Eastern Frederick Urban Area Plan 12 AI-AP PPENDIX REA LANS The residential densities in the center of this area are envisio12 units per acre in the core area, tapering off to 6 units per acr adjacent to the existing residential land uses. Residential Land Uses Outside of the Urban Centers described above, the residential la Senseny/Eastern Frederick study area are defined in three main c R4 these are generally reflective of our existing residential dens at approximately 4 units per acre. R6 these are slightly higher residential densities at approximatel units per acre (this is generally attached house development). Higher density residential these are generally multifamily and a mix of other housing types with densities of approximately 12-16 uni acre (this density is necessary to accommodate the anticipated g of the County within the urban areas and is essential to support urban center concept identified in the Comprehensive Plan and th study). The residential land uses outside and east of Route 37 are envis rural area residential in character. Route 37, to the north and 50, may generally be considered as the boundary between the urba rural areas within this study area. This provides a transition Opequon Creek and to the well-established rural character of adj County. A buffer area along and adjacent to Interstate 81 has been ident future residential land uses are not appropriate. Commercial and are preferred. Within this buffer area, a linear trail system i buffer area also provides for the reservation of additional righof-way along 81 which may be necessary in the future. Noise abatement technique a consideration in the Interstate 81 corridor to minimize the im vehicular traffic on the residents of the area. Shenandoah presence in Frederick County, especially in and around its curre the east side of Interstate 81 and north of Route 50, as well as for future residential uses associated with the university in th of urban residential housing in redeveloped existing commercial The Airport Support Area has been bolstered with the addition of south east. The Airport Support Area was established to ensure t of continued airport- associated use and future airport expansio Comprehensive Plan reiterates that residential land uses are not the Airport Support Area. Business and industrial uses should b land use. Senseny/Eastern Frederick Urban Area Plan 13 AI-AP PPENDIX REA LANS Other recommendations from the residential group: Utilize additional municipal land uses adjacent to the Frederick Landfill as a buffer to non-compatible land uses, particularly r Provide for additional institutional opportunities in the southe the study area, west of Route 522. Consider another community college presence within this area pla Establish a linear park area east of existing Greenwood Road, an park area west of the Justes Drive School cluster. Supply additional locations for C & I land uses in the areas ide which are adjacent to transportation corridors and urban centers include: An area of commercial and light industrial north of Route 7, o buffered by higher density residential to the east, transitionin to existing school uses. An area of medical office uses adjacent to and east of proposed o Senseny Road Urban Center. An area of commercial and employment land uses with significant o office space availability north of Crosspointe Urban Center buffering into the high density residential areas. An area of commercial and employment land use with significant o space availability north of the Crosspointe Urban Center bufferi high density residential areas. Business Development Land Uses Parkins Mill Economic Development Area The Parkins Mill Economic Development Area is intended to be a s of commercial and industrial use that is fully supportive of the strategies. The intent of the mixed use designation is to furth future regional employment centers. This area has been established to be a progressive location for development opportunities in eastern Frederick County. Targeted include: Defense and Advanced Security Life Sciences Business Services Assembly Food Processing In prominent locations, office use with a mix of flexible space Such areas will be the entrance to clusters of industrial and co and contain distinctive architecture and site design that is aes and attractive. It is the intent of such areas to promote a str community image. In addition, this development will support bus encourage viable environmental practices and community oriented Senseny/Eastern Frederick Urban Area Plan 14 AI-AP PPENDIX REA LANS philosophies. Residential land use is not compatible with this will not be permitted. Interstate and Highway Commercial at Routes 7 and 50 These areas of land use are located at highly visible locations interstate interchanges, and along the primary arterial roads th Interstate. They shall be designed specifically to accommodate highway commercial land uses. Particular effort must be made to access management for the supporting transportation network is a as the function of the interstate and primary road network is of importance. The site layout and building design should recogniz the region and land plans should not focus on the minor use, but comprehensive macro use. In addition, an enhanced area of buffe landscaping shall be provided adjacent to the Interstate 81 righof-way and its . ramps. Corridor design recommendations are discussed later in th Warrior Drive Employment and Commercial Center A major employment and commercial area is proposed primarily alo side of future Warrior Drive and adjacent to the east side of In area extends east of Warrior Drive along Airport Road. This maj area would be centered on the proposed future interchange at Int Papermill Road. Supported by future high density residential ar to proposed urban centers, this employment center will be ideall capitalize on this core location. Emphasis should be placed on and site design. Other recommendations from the business development group: New Retail/Service Land Use adjacent to the future Route 37 interchange areas with Route 522 South and Route 50 East to faci regional shopping opportunities. New Retail/Service Land Use adjacent to the future realignment o Valley Mill Road and Route 7 East. Infill Retail/Service Land Use within existing residential devel between Route 7 East and Senseny Road. Intensive Retail and Office use lie within the Urban Center plan between Senseny Road, Greenwood Road, Inverlee Way Extension and Channing Drive Extension. This area has been incorporated into t Senseny and Greenwood Urban Center. New Neighborhood Retail/Service and Office Land Use within the M Use area planned around existing public school facilities and ch facilities near Route 522 South and Justes Drive. This area has been incorporated into the Justes Drive and Evendale Urban Center. New Employment Centers are appropriate for the land between Rout 522 South and Interstate 81 adjacent to the Paper Mill Road flyo bridge and the future Battaile Drive interchange with Interstate and the future Warrior Drive extension and Tasker Road extension New Employment Centers are envisioned to allow for intensive Ret Office, Flex-Tech, and/or Light Industrial Land Use in planned b Senseny/Eastern Frederick Urban Area Plan 15 AI-AP PPENDIX REA LANS park settings. This area has been incorporated into the Warrior Drive Employment and Commercial Center. A new Industrial Park is planned between Route 522 South, Route East, Parkins Mill Road, and future Route 37. This area has been incorporated into the Parkins Mill Economic Development Area. The business development recommendations of this plan seek to im the 2035 Comprehensive Plan by promoting the efficient utilization of ex and planned land areas and transportation networks. Further, th recommendations promote commercial, industrial, and employment l 25 percent commercial/industrial to 75 percent residential and other land u The Plan provides new industrial park and employment center area County. The plan identifies prime areas for Urban Center development to future commercial and employment opportunities. In addition, are identified for neighborhood commercial retail use to accommodate residential communities. Existing commercial land uses are promoted that facilitate touri term visitor experiences and revenue growth. Specific Implementation Steps have been identified which would further promote business development opportunities in the Senseny/Eastern Frederick County Urban Area Plan and Frederick County in general. These include: The creation of a Future Land Use Revenue Incentive Program that provides property owners with the ability to sell residential de rights to keep their property available for future employment, commercial, or industrial land use as recommended by the Comprehensive Policy Plan. This program would incentivize the property owner by providing a revenue income source in the near and future revenue income when the property is zoned for employment, commercial or industrial land use. Incentivize the property owner with automatic placement of the property into the Sewer and Water Service Area (SWSA) if a rezon application is processed for future employment, commercial, or industrial land use. Incentivize the property owner with County endorsement of Econom Development Access (EDA) funds and/or Revenue Sharing Funds to assist in the financing of major road infrastructure needed to s development project. Additionally, provide for County-managed support of the major road infrastructure projects to streamline approval process for project design and construction management. Incentivize the property owner through the implementation of expedited rezoning processes for future employment, commercial, industrial land use as recommended by the Comprehensive Policy P Senseny/Eastern Frederick Urban Area Plan 16 AI-AP PPENDIX REA LANS The creation of new Zoning Ordinance requirements that facilitat more intensive Floor to Area Ration (FAR) and height allowances for future employment, commercial or industrial land use, especially urban centers. The County should support and partner with various athletic organizations to sponsor regional or state tournaments and event using existing facilities to promote tourism in support of exist hotels, restaurants, and attractions. Corridor Design The Route 522, 50, and 7 corridor design guidelines should be re addition, the following locations have been identified as priori appearance and multi-modal locations: Route 50 between Interstate 81 and Prince Frederick Drive, to include Shenandoah University and prime commercial locations. Route 7 between Interstate 81 and Greenwood Road, to include Millbrook High School, Redbud Run Elementary School and prime commercial locations. Senseny and Greenwood Roads and Channing Drive, to include the area encompassed by the urban center and Senseny Road in its entirety. A significant corridor appearance buffer is proposed along Route that established for the Route 50 West corridor in the Round Hil which consisted of a 50 foot buffer area, landscaping, and bike 50 and 7 corridors are more urban. Sufficient right-of-way is needed and street frontage is approached differently. Transportation In support of the new areas of land use, a transportation networ proposed which relates to the location and context of the areas promotes multi-modal transportation choices and walkability, and efforts of the Win-Fred MPO. In this study, there is a direct n transportation and land use. Interstate 81, future Route 37, Route 7, Route 50, and Route 522 to create a transportation network which supports the future gro community in the right location, in this study area, generally i 37. Access Management is a significant consideration of this study a element of all existing and future roads. The use of frontage r collector roads, and inter parcel connections to bring traffic t promoted on the above roads. Access Management is also a key co on other roads within the study area; however, within a differen Senseny/Eastern Frederick Urban Area Plan 17 AI-AP PPENDIX REA LANS The study also proposes a new and extended major collector netwo supplemented by interconnected minor collector street network in significant urban center and new areas of economic growth - Warr Justes Drive, Channing Drive, Inverlee Way. The context of the collector road network is proposed to be sign different, however, than that of Route 37, with the focus being more walkable and friendly street thoroughfare design. The chan is based upon the classification of a road and to ensure compati adjacent land uses and community goals. Particular attention sh to street network within the Urban Center. The surrounding land design, and building design are features that will help create c promote the creation of new communities, places, and focal point should also be provided to the context of the street in the imme existing and future schools, and the Neighborhood Village Commer ensure that these prominent locations are safe and accessible to transportation. Bicycle and pedestrian accommodations should be integrated into street designs. Appropriately designed intersec accommodations should include pedestrian refuge islands and pede actualized signals. More specific transportation considerations for Millbrook High S adjacent park areas include taking a proactive approach in creat interconnected routes to the park from the adjacent areas. Roundabouts should be considered as a priority preference for in design. Roundabouts are particularly effective when used in ser Consistent application of Comprehensive Plan goals to achieve an Level of Service on area roads and overall transportation networ Service C or better, should be promoted. Further, efforts shoul ensure that additional degradation of the transportation beyond Level of Service shall be avoided. Consideration of future deve applications within the study area should only occur when an acc of Service has been achieved and key elements and connections id this plan have been provided. Other recommendations from the transportation group: Emphasize the role of the State and the development community in the implementation of the planned road system. Use modeling to determine lane needs based upon build out of pla land uses, but consider plans of neighboring localities when mak recommendations (for example Senseny Road where it enters the Ci of Winchester or Clarke County) Consider the needs of bicycle users and pedestrians in the follo ways: Continue to plan for multi-modal street deigns that will take al o users into consideration. Senseny/Eastern Frederick Urban Area Plan 18 AI-AP PPENDIX REA LANS Within residential neighborhoods, this would mean that o sidewalks be used and cyclists share the roads. Use of striping that defines parking bays or cycling areas would be preferred. On collector roadways or higher, make use of separated multi- o use paths at least 10 feet in width. Incorporate wide shoulders or bike lanes into roadways that o have budgetary or right-of-way limitations. This would be viewed as a step toward the ultimate goal of a separated facility. Make use of paved shoulders with striping on rural roadways as o a long term measure. Rural roadways would be defined by traffic count or as roadways outside of the UDA that are not part of the Primary System (ex. Route 50 or 522). Bike paths should be constructed on the same grade as the o adjacent roadway. Bike path maintenance should be addressed by adjacent o property owner groups whenever possible. Continue to enforce improved access management with redevelopmen or new development. This includes, but is not limited to, entrance location and o spacing as well as traffic signal location and spacing. Roundabout use is preferred over signalization of intersections traffic control is needed. Attractive median treatments (as alternative to standard grey co median) other than grass or other landscaping should be consider when maintenance agreements with VDOT cannot be achieved. Treatments should be reasonably consistent o Street sections could be modified due to DCR changes specific to drainage requirements. Senseny/Eastern Frederick Urban Area Plan 19 AI-AP PPENDIX REA LANS Natural Resources, Historic Resources, and Public Facilities. Natural Resources Frederick County is a community that values and protects its nat Frederick County should create a green infrastructure inventory area as well as the County as a whole. This inventory should gu and development to best preserve and protect natural resources. should complete detailed environmental analysis for properties p development. This information could be utilized to supplement t infrastructure inventory. Within the Senseny/Eastern Frederick Urban Areas Plan, effort sh the creation of greenways, stream valley parks and stream buffer waterways, while taking into account environmentally sensitive a Pedestrian facilities should be constructed that connect these f public facilities. Many such examples have been identified on th map. Environmental corridors should be incorporated with all developm to ensure safe movement and protection of species and future dev within the study area should take into account the natural resou and around their property. Businesses that utilize environmental management systems should by Frederick County. Further, developers should consider availa energy options with their projects. Historic Resources Frederick County is a community that recognizes and protects the structures and sites within the study area. Possible historic districts and significant structures have been recognized. Priority sites for preservation within the study ar identified and efforts initiated to preserve those of highest ne Frederick Hall/Parkins Mill Battery and the historic area around Road. Increase the rehabilitation, adaptive reuse, or restoration of h Heritage tourism should be promoted within the study area. The Comprehensive Plan calls for the adaptive reuse of historic future development applications that have historic resources on should incorporate the site into development. Senseny/Eastern Frederick Urban Area Plan 20 AI-AP PPENDIX REA LANS Sensitive Natural Areas and Historic Areas are shown on the land the study area. By recognizing these historic sites and structu implementing the policies of the Comprehensive Plan. Other recommendations from the group: Require archaeological surveys to be conducted prior to developm particularly any that involve battlefield areas, homesteads, Ind encampments, and waterways. Significant structures and properties should be shown with a sen natural/historic designation. These NSA through historic districts and/or buffered from adjacent develop activity. The historic areas around Frederick Hall/Parkins Mill Battery an historic area around Carpers Valley Road should be considered fo possible historic districts. Developments should incorporate and/or convert historic properti into recreational elements, including pedestrian trails, parks, museums. Establish a linear historic greenway between Crosspoin (Hillandale, Carysbrooke, and the preservation park) and the for Parkins Mill Battery), preserving the natural, recreational, and historical features and promoting accessibility. Create a Historic Gateway park to Frederick County by supporting restoration and adaptive reuse of the Millbank House in conjunct with other preservation partners. The historic one-lane bridge located on Valley Mill Road should maintained and preserved. Ensure connectivity of bicycle or pedestrian transportation accommodations to existing or proposed public facilities and his resource areas. A regional park site has been identified on Senseny Road; this s potentially significant structure and one of the few remaining f complexes within the developed area of the study area. This par incorporate the historical farm house and contributing structure demonstrate urban agriculture. Public Facilities The need for public spaces within the study area (such as school neighborhood parks, and regional parks) is recognized and addres accompanying maps identify general locations within the Senseny/ Frederick Urban Area Plan where such facilities should be accomm order to ensure adequate public facilities corresponding with th community. Future school sites should be located within or near established residential areas to encourage walk zones, as well as create a f Senseny/Eastern Frederick Urban Area Plan 21 AI-AP PPENDIX REA LANS the community. Residential land uses that complement existing p and schools are encouraged. Utilities and infrastructure will be needed within the study to future growth. Frederick County needs to look at preserving the landowner when planning for public facilities while still meetin the community. Other recommendations from the group: On any given request for development, the development community should work with all public facility providers to determine futu facility needs based upon this plan and the established standard the public facility providers. The Parks & Recreation Department should continue to evaluate th e rings that are within the 2035 Comprehensive Plan. Sites that are outside of the identified park rings should be co if they meet the needs of the community. A regional park is envisioned within the study area. In additio smaller park is envisioned within the Greenwood Urban Center tha should incorporate the historical farm house and contributing st as a means to demonstrate urban agriculture. Urban parks and other public spaces should be constructed within near communities. These parks should be open to the public and connected not only by road, but by various pedestrian facilities The 42 acre parcel owned by the landfill (old landfill site) cou considered for future use as a park. Public access areas to the Opequon Creek should be constructed, taking into account environmentally sensitive areas. The bicycle and pedestrian facilities shown on the map and the 2007 Win-Fred MPO Bicycle & Pedestrian Mobility Plan should be implemented. The 2007 Win-Fred MPO Bicycle & Pedestrian Mobility Plan should utilized as a reference for accommodation recommendations and guidelines. Pedestrian facilities should be constructed that connect existin future neighborhoods to school, park and library facilities to p access and walkability. A trail or sidewalk should be provided Greenwood Road. Support completion of a linear recreation path encompassing the Senseny Road, Abrams Creek, Channing Drive areas. Ensure connectivity of bicycle or pedestrian transportation accommodations to existing or proposed public facilities and his resource areas. Ensure connectivity with existing or proposed bicycle or pedestr transportation accommodations wherever possible. A pedestrian crossing over Route 7 in the Millbrook School area be provided. Handley Regional Library needs should be recognized and addresse within the study area. A satellite library location should be p within the study area (similar to Bowman Library) to meet this n Senseny/Eastern Frederick Urban Area Plan 22 AI-AP PPENDIX REA LANS Frederick County Public Schools should also work with the Handle Regional Library to provide public library locations within new locations. Future areas for Fire & Rescue stations have been identified on map; development proposals in these areas should take this futur need into account. The Airport has a 20 year Master Plan that outlines their ultima expansion goals for this facility. Development proposals should considered on properties that fall within this planned expansion Also, development proposals considered within the Airport Suppor Area should not impact the current or future needs of the Airpor Incompatible development should be avoided near the landfill to ensure that their operations are not impacted (i.e., residential etc.). Industrial uses may be appropriate near the landfill. A support area should be created around the landfill similar to th Airport Support Area. This support area should extend 1,000 fee the boundaries of the landfill. Senseny/Eastern Frederick Urban Area Plan 23 ST 789 01 37 k j Future Route 37 ramps 01 to be adjusted to align with 11 future relocated Valley Mill Road. ST ST ! ( § ¨¦ 660 664 81 01 522 Eastern Road Plan ST 661 01 7 k j ST 659 ST 820 ST ST 791 ST 622 657 GREENWOOD URBAN CENTER GREENWOOD ST 656 PARK & SCHOOL ST 655 FREDERICK COUNTY LANDFILL § ¨¦ AIRPORT ST 81 01 & SUPPORT AREA 728 522 ST 644 ST 645 01 ST 11 723 AIRPORT SUPPORT AREA ST 847 01 PAPERMILL 37 01 URBAN CENTER 50 CROSS POINTE URBAN CENTER PARKINS MILL ECONOMIC DEVELOPMENT AREA ST 644 ST ST 642 756 01 522 ST 636 Area Plan ST 643 Wrights Run Land Use Legend µ 01 37 01 11 ST 664 ST § ¨¦ 660 81 01 522 ST 661 01 7 k j ST 659 ST 820 ST 791 ST ST 622 657 ST 656 ST 655 ST 728 § ¨¦ 81 01 ST 522 644 ST 645 01 11 ST 723 ST 847 01 37 01 50 ST 644 ST ST 642 756 01 522 ST Area Plan 643 01 ST 277 636 Future Route 37 ramps k j µ to be adjusted to align with future relocated Valley Mill Road. ! ( 01 37 01 11 ST 664 ST § ¨¦ 660 81 01 522 ST 661 01 7 k j ST 659 ST 820 ST 791 ST ST 622 657 ST 656 ST 655 ST 728 § ¨¦ 81 01 ST 522 644 ST 645 01 11 ST 723 ST 847 01 37 01 50 ST 644 ST ST 642 756 01 522 ST Area Plan 643 01 ST 277 636 Future Route 37 ramps k j to be adjusted to align with µ future relocated Valley Mill Road. ! ( Eastern Road Plan 01 37 01 11 ST 664 ST § ¨¦ k j 660 Future Route 37 ramps 81 01 to be adjusted to align with 522 future relocated Valley Mill Road. ! ( Proposed Interchanges Eastern Road Plan ST New Major Arterial 661 Improved Major Arterial 01 New Minor Arterial 7 k j Improved Minor Arterial New Major Collector VALLEY MILL Improved Major Collector HISTORIC AREA ST New Minor Collector 659 Improved Minor Collector Ramp ST MILLBANK HISTORIC 820 Roundabout GATEWAY Trails ST 791 ST ST 622 657 GREENWOOD URBAN CENTER GREENWOOD ST 656 PARK & SCHOOL ST 655 ST 728 FREDERICK COUNTY LANDFILL § ¨¦ 81 AIRPORT 01 & SUPPORT AREA 522 ST 644 ST 645 ST 723 01 AIRPORT SUPPORT 11 AREA CEMETERY PARK CARPERS VALLEY RD ST 847 HISTORIC AREA 01 PAPERMILL 37 01 URBAN CENTER 50 CROSS POINTE URBAN CENTER PARKINS MILL ECONOMIC DEVELOPMENT AREA FREDERICK HALL ST PARKINS MILL BATTERY 644 HISTORIC GREENWAY HISTORIC AREA ST ST 642 756 01 522 ST Area Plan 643 01 ST 277 636 # µ n Facilities !Ä 89:s ³ n ³ !; Land n ³ L ¥¤ n ³ & % [ j ! ¦© b n ³ [ j 2018 COMPREHENSIVE POLICY PLAN AMENDMENT March 1, 2018 TM #54-A-128 Red Bud Magisterial District Frederick County, Virginia Current Owner: Church Contact Person: Evan Wyatt, Director of Land Planning Greenway Engineering, Inc. 151 Windy Hill Lane Winchester, VA 22602 COMPREHENSIVE POLICY PLAN AMENDMENT 2018 INITIATION REQUEST FORM Owner(s) Information: Name: Project Name: Comprehensive Policy Plan Amendment Mailing Address: 1527 Senseny Road Winchester, VA 22602 Telephone Number: (540) 667-8110 Authorized Agent Information: Name: Greenway Engineering, Inc. Attn. Evan Wyatt, Director of Land Planning Project Name: on the Hill Comprehensive Policy Plan Amendment Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Telephone Number: (540) 662-4185 Legal Interest in the Property Affected or Reason for the Request: Legal Interest: (Instrument No. 170008658) Reason for Request: The purpose of the Comprehensive Policy Plan Amendment request is to revise the Senseny/Eastern Frederick Land Use Plan future land use designation of the subject parcel from Institutional to Urban Center to allow for the development of a mixed-use project consisting of a new church facility that is connected to a multifamily structure providing affordable senior housing for the community. SECTION 1 FOR A MAP AMENDMENT Proposed Comprehensive Policy Plan Amendment Information: PIN(s): 54-A-128 Magisterial District: Red Bud District Project #6387W/CPPA Amendment 1 March 1, 2018 Parcel Size (approximate acres): The subject parcel (Tax Map Parcel 54-A-128) is 4.971 acres in total size as depicted on the ALTA/NSPS Land Title Survey prepared by Painter-Lewis, PLC dated August 23, 2017. Plat of area proposed for CPPA amendment, including metes and bounds description: Please refer to the Christ Episcopal Church Frederick Parish ALTA/NSPS Land Title Survey prepared by Painter-Lewis, PLC dated August 23, 2017; as well as Property Deed DB 285PG 416 for information pertaining to the subject parcel. Existing Comprehensive Plan Land Use Classification(s): Institutional Proposed Comprehensive Plan Land Use Classification(s): Urban Center Existing Zoning and Land Use of the Subject Parcel: The subject parcel is zoned RP, Residential Performance District the Hill Christ Episcopal Church. What Use/Zoning will be requested if Amendment is approved? The subject parcel with be redeveloped as a mixed-use project consisting of a new church facility that is connected to a multifamily structure providing affordable senior housing for the community. The subject parcel is zoned RP, Residential Performance District; therefore, a new zoning designation is not necessary for the proposed land use. However, the ability to develop a multifamily structure in the RP, Residential Performance District requires the parcel to be classified as Urban Center in the Comprehensive Policy Plan. Describe, using Text and Maps as Necessary, the Existing Zoning, Comprehensive Policy Plan Designations, and/or Approved Uses and Densities Along with Other Characteristics of Properties that are Within 1/4 Mile from the Parcel(s) Perimeter if the Parcel is Less than 20 acres in Size: Please refer to the attached Zoning Map ¼-Mile Radius Exhibit that identifies the various properties that meet this distance criteria. The following information describes existing and future land use characteristics within this radius boundary: Properties on the north side of Senseny Road (Route 657) within a ¼-mile radius of the subject parcel are zoned RP, Residential Performance District, and B-1, Neighborhood Business District. Project #6387W/CPPA Amendment 2 March 1, 2018 Properties on the south side of Senseny Road (Route 657) within a ¼-mile radius of the subject parcel are zoned RP, Residential Performance District, B-1, Neighborhood Business District, and RA, Rural Areas District (Ambrose Farm). All properties within a ¼-mile radius of the subject parcel are located within the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). Properties on the north side of Senseny Road (Route 657) within a ¼-mile radius of the subject parcel are identified as Residential, 4U/A, Urban Center, and as Institutional (Northwestern Regional Educational Programs - NREP parcel). Properties on the south side of Senseny Road (Route 657) within a ¼-mile radius of the subject parcel are identified as 4U/A and as Urban Center including all properties fronting along Senseny Road directly across from the subject parcel; as well as all parcels between Boundary Avenue and Greenwood Road (Route 656). Properties on the north side of Senseny Road (Route 657) within a ¼-mile radius of the subject parcel are developed as single-family detached residential, townhouse residential, garden apartment residential, and commercial service land uses. The immediate adjoining properties are developed as townhouse residential, garden apartment residential and as Northwestern Regional Educational Programs (NREP) land uses. Properties on the south side of Senseny Road (Route 657) within a ¼-mile radius of the subject parcel are developed as single-family detached residential, apartment residential, commercial service, fraternal organization and agricultural (Ambrose Farm) land uses. The Greenwood Volunteer Fire & Rescue Company and the Greenwood Citizens Convenience Center are located within 0.85 miles of the subject parcel. The Orrick Commons Commercial Center and the CVS Pharmacy are located within 0.85 miles of the subject parcel. the Subject Parcel(s), with Adjacent Property Owners Affidavit: Please refer to the attached Adjoining Property Owner Map Exhibit and Adjoining Property Owner Table Exhibit that provides the location and applicable contact information for all properties within subject parcel. SECTION 2 FOR A TEXT AMENDMENT The Comprehensive Policy Plan Amendment does not propose to incorporate a Text Amendment for consideration by the County. Project #6387W/CPPA Amendment 3 March 1, 2018 SECTION 3 FOR ALL AMENDMENTS Justification of Proposed Comprehensive Policy Plan Amendment (Provide Attachments if Necessary). Describe why the Change to the Comprehensive Policy Plan is Being Proposed: the subject parcel to be redeveloped as a mixed-use project consisting of a new church facility that is connected to a mission congregation and has identified a need for affordable housing options for seniors within the community. The mixed-use project will require the existing church facility that was constructed in 1967 to be removed, and proposes the development of a new church facility that is connected to a four-story multifamily structure that will provide 59 one-bedroom apartment units and 11 two-bedroom apartment units for independent senior living. The 4.97± acre subject parcel is zoned RP, Residential Performance District; therefore, a new zoning designation is not necessary for the proposed land use. However, the ability to develop a multifamily structure in the RP, Residential Performance District requires the parcel to be classified as Urban Center in the Comprehensive Policy Plan. The Senseny/Eastern Frederick Land Use Plan (SEFLUP) identifies the subject parcel as Institutional that reflects the existing land use conditions. The SEFLUP identifies Urban Center land use for the adjoining property and other properties fronting long the north side of Senseny Road to Williamson Road; as well as all properties fronting along the south side of Senseny Road (Route 657) between Boundary Avenue and Greenwood Road (Route 656), which includes all properties directly across Senseny Road from the subject parcel. The SEFLUP states that Urban Center commercial and residential mix of land uses shall have a strong street presence and shall relate to existing and planned road infrastructure; and that land use and/or building types could include community oriented types such as civic, religious, fraternal or institutional uses in addition to commercial and residential uses. and building type envisioned for Urban Center land -Snowa Architects, PC to prepare structural elevations of the mixed-use project in order to assist the community and decision makers with this vision. Two exhibits are included as information with this application that provide an elevation of the church and multifamily structure; as well as a street elevation as the project would be viewed from Senseny Road. The immediate adjacent properties include the Northwestern Regional Educational Programs (NREP) facility, townhouse and garden apartment residential, and an undeveloped commercial property. The reclassification of Urban Center specific to the 4.97± acre subject parcel would be consistent with other properties immediately adjacent, directly across Senseny Road, and within close proximity of the site. The mixed-use project would be compatible with immediate adjoining property land uses and would have a strong street presence along Senseny Road. These factors support and justify the Urban Center classification spec Project #6387W/CPPA Amendment 4 March 1, 2018 How would the Resultant Changes Impact or Benefit Frederick County? Consider, for example, Transportation, Economic Development and Public Facilities: The 4.97± acre subject parcel is zoned RP, Residential Performance District and can be developed at a density of 10 dwelling units per acre based on current Zoning Ordinance standards. Therefore, impacts and benefits to Frederick County have been compared specific to the proposed 70 independent senior living apartment units described in this application and the redevelopment of - Transportation The following table provides a comparison of the traffic generation rates specific to the proposed 70-unit affordable elderly apartment project and the 49 townhouse units that could be developed by-right. The values used from this comparison were obtained from the Institute of Traffic th Engineers (ITE) Trip Generation Manual, 9 Edition, which is the source currently utilized by VDOT and Frederick County for transportation impact analysis. Weekday Average Daily Traffic Volume Comparison Land Use ITE ADT Rate Unit Numbers Totals Single-Family Attached (Townhouse) 210 9.52 49 467 ADT Senior Adult Housing Attached 252 3.44 70 240 ADT Weekday AM Peak Hour Traffic Volume Comparison Land Use ITE AM Peak Unit Numbers Totals Hour Rate Single-Family Attached (Townhouse) 210 0.77 49 38 Peak Hour Trips Senior Adult Housing Attached 252 0.39 70 27 Peak Hour Trips Project #6387W/CPPA Amendment 5 March 1, 2018 Weekday PM Peak Hour Traffic Volume Comparison Land Use ITE PM Peak Unit Numbers Totals Hour Rate Single-Family Attached (Townhouse) 210 1.0 49 49 Peak Hour Trips Senior Adult Housing Attached 252 0.35 70 25 Peak Hour Trips The above tables demonstrate a reduced impact to transportation for average daily traffic volumes (227 less vehicle trips or a 49% reduction) and for AM/PM Peak Hour volumes (29% reduction for AM Peak and 49% reduction for PM Peak) comparing the proposed 70-unit affordable elderly apartment project to the 49 townhouse units that could be developed by-right. currently served by a single entrance. The mixed-use development project is intended to be served by the same entrance; therefore, there will not be additional points of access onto Senseny Road. Economic Development -use development is not an economic development project that provides revenue to Frederick County other that real estate and personal property taxes that would be assessed specific to the residential component of the project. congregation and has identified a need for affordable housing options for seniors within the community that is not being provided by the development community. The mixed-use development project will provide housing opportunities that will benefit this segment of the community population. Water and Sewer Capacities The 4.97± acre subject parcel is located within the Urban Development Area (UDA) and the Sewer Comprehensive Policy Plan Amendment does not require consideration for extension of the UDA and/or the SWSA Boundary. The -use development proposes the development of a new church facility that is connected to a multifamily structure providing 70 independent senior living apartment units that include 59 one-bedroom apartment units and 11 two-bedroom apartment units within a single multifamily residential structure. Greenway Engineering has analyzed the water and sewer capacity requirements for the mixed-use development project and has determined that an average daily demand of 16,200 GPD will be required for water and sewer service. Project #6387W/CPPA Amendment 6 March 1, 2018 Public Schools -use development project will provide affordable housing options for seniors within the community that will not create an impact to Frederick County Public Schools. The 49 townhouses that could be developed by-right would generate 14 students on average based on the students/household calculation utilized by the Frederick County Public -use development project would be a beneficial land use to the County compared to the by-right land use allowance specific to Public School Services. Fire and Rescue The development of residential land use on the 4.97± acre subject parcel will create an impact to Fire and Rescue Services provided by the County. The 70 independent senior living apartment units are projected to house 85 persons; whereas the 49 by-right townhouses are projected to house 128 persons (based on a 2.62 persons/household calculation derived from the 2017/2018 Frederick County Budget Document). The subject parcel is located approximately 0.85 miles from the Greenwood Volunteer Fire and Rescue Company, which allows for appropriate emergency response time from the first due company. Additionally, a few years ago, the County Volunteer Fire and Rescue Companies agreed to establish a fee-for-services program that was intended to provide revenue recovery for ambulatory services from insurance reimbursements to assist in the mitigation of this impact. The -use development project is planned to provide 70 independent senior living apartment units that include 59 one-bedroom apartment units and 11 two-bedroom apartment units within a single multifamily residential structure. The multifamily residential structure will have a sprinkler system throughout the facility that will assist with fire suppression. The multifamily residential structure will have elevator access for all occupied floors that will assist with ambulatory service needs. These design considerations are intended to assist in the mitigation of impacts to emergency services specific to the proposed land use. Parks and Recreation -use development project will provide affordable housing options for seniors within the community that will not create an impact to Frederick County Parks and Recreation Services provided by the County. Operations specific to the proposed project include an on-site manager that is responsible for providing activities that promote socialization, health and wellness activities within the facility. The 70 independent senior living apartment units are projected to house 85 persons; whereas the 49 by-right townhouses are projected to house 128 persons. The proposed project will not create programming or recreational space needs compared to the by-right land use. Project #6387W/CPPA Amendment 7 March 1, 2018 2018 Comprehensive Policy Plan Application Information Application Signatures Page Subject Property Owners Affidavit Special Limited Power of Attorney Signature Pages Comprehensive Policy Plan Amendment Application Fee Adjoining Property Owner Map & Table Exhibits µ H S F G R Q P O C E 54 A 128 D A B N K I M L J Legend St. Paul's On The Hill Parcels Within 200 Feet of St Paul's Episcopal Church Parcel Boundary Feet 2000200 Map Data Source: Frederick County, Va. GIS Department, 2017 Data St. Paul's On The HillProperties Within 200 Feet, Including Subject Property LabelTax Map NumberOwnerMailing AddressCity & StateZIP A54 A 127BTISINGER BILLY J TRUSTEEPO BOX 368WINCHESTER, VA22604 B54 A 127CSUMMIT COMMUNITY BANK, ATTN: DEBT MANAGEMENTPO BOX 179MOOREFIELD, WV26836 C54 A 127FTISINGER BILLY J. TRUSTEE, C/O J T ANDERSONPO BOX 368WINCHESTER, VA22604 D54 A 128EPISCOPAL CHURCH1527 SENSENY RDWINCHESTER, VA22602 E54 A 129FREDERICK COUNTY SCHOOL BOARD, OF VIRGINIAPO BOX 3508WINCHESTER, VA22604 F54C 12 C 55SANTUCCI CEASAR J212 MEADE DRWINCHESTER, VA22602 G54C 12 C 56OLIEN WILLIAM C, OLIEN MARY ELLEN211 MEADE DRWINCHESTER, VA22602 H54C 12 C 57KULP ANDREW P, KULP EMILY R209 MEADE DRWINCHESTER, VA22602 I54E 7 25BHAMILTON CARRIE C1562 SENSENY RDWINCHESTER, VA22602 J54E 7 26WEIGAND II SAMUEL P1548 SENSENY RDWINCHESTER, VA22602 K54E 7 27ZEB LLC, C/O SUSAN PERRY603 S 6TH STFERNANDINA BEACH, FL32034 L54E 7 28CROSBY CHARLES, CROSBY KRISTIN1532 SENSENY RDWINCHESTER, VA22602 M54E 7 29THE COUNTRY STORE LLCPO BOX 2247WINCHESTER, VA22604 N54E 7 30BANK OF CLARKE COUNTYPO BOX 391BERRYVILLE, VA22611 O54E 9 E 4JACKSON MARTHA L115 WILLIAMSON RDWINCHESTER, VA22602 P54E 9 E 5HARTMAN CLAYTON R, HARTMAN TERESA R117 WILLIAMSON RDWINCHESTER, VA22602 Q54E 9 E 6MUNOZ SARAH A119 WILLIAMSON RDWINCHESTER, VA22602 R54E 9 E 7CROCKER LARRY KEITH SR, CROCKER BEATRICE LOUISE121 WILLIAMSON RDWINCHESTER, VA22602 S54E 9 E 8REYES DAVID E COTO, DE PAZ CLAUDIA C CHAVEZ123 WILLIAMSON RDWINCHESTER, VA22602 Source: Frederick County GIS, 2017 DataPage 1 of 1 2018 Comprehensive Policy Plan Amendments Exhibits Aerial Overview Exhibit Adjoining Land Use Proposed Land Use Revision Tax Map Parcel 54-A-128 Current Long Range Land Use Exhibit ¼-Mile From Subject Parcel Aerial Overview Exhibit ¼-Mile From Subject Parcel Zoning Map Exhibit ¼-Mile From Subject Parcel Water & Sewer Exhibit ¼-Mile From Subject Parcel µ 54 A 128 Legend St. Paul's On The Hill Parcel Boundary Feet 1000100 Map Data Source: Frederick County, Va. GIS Department, 2017 Data; Aerial Photo From 2017 µ Legend St. Paul's On The Hill Parcel Boundary Long Range Land Use Urban Center Institutional Residential, 4 u/a Feet 2000200 Map Data Source: Frederick County, Va. GIS Department, 2017 Data µ § ¨ ¦ 81 § ¨ ¦ 81 Legend St. Paul's On The Hill 1/4 - Mile Distance from St. Paul's On The Hill Parcel Boundary Winchester City Limits Long Range Land Use Urban Center Institutional Residential, 4 u/a Interstate Buffer Natural Resources & Recreation Feet 5000500 Map Data Source: Frederick County, Va. GIS Department, 2017 Data µ § ¨ ¦ 81 § ¨ ¦ 81 Legend St. Paul's On The Hill 1/4 - Mile Distance from St. Paul's On The Hill Parcel Boundary Winchester City Limits Feet 5000500 Map Data Source: Frederick County, Va. GIS Department, 2017 Data; Aerial Photo From 2017 µ § ¨ ¦ 81 § ¨ ¦ 81 Legend St. Paul's On The Hill 1/4 - Mile Distance from St. Paul's On The Hill Parcel Boundary Winchester City Limits Frederick County Zoning B1 (Neighborhood Business District) B2 (General Business District) B3 (Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) M1 (Light Industrial District) M2 (Industrial General District) MH1 (Mobile Home Community District) MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community District) R5 (Residential Recreational Community District) RA (Rural Areas District) RP (Residential Performance District) Feet 5000500 Map Data Source: Frederick County, Va. GIS Department, 2017 Data µ § ¨ ¦ 81 § ¨ ¦ 81 Ú [ Legend St. Paul's On The Hill Ú [ 1/4 - Mile Distance from St. Paul's On The Hill Parcel Boundary Winchester City Limits Ú [City Pump Station City Sewer Line City Water Line Ú [County Sewer Pump Station County Sewer Force Main County Sewer Gravity Main County Water Main Feet 5000500 Map Data Source: Frederick County, Va. GIS Department, 2017 Data 2018 Comprehensive Policy Plan Elevations Exhibits - Senseny Road Street Elevation Exhibit - Church and Affordable Elderly Apartment Facility Elevation Exhibit 2018 Comprehensive Policy Plan Plat & Deed Information ALTA/NSPS Land Title Survey Plat Exhibit Painter-Lewis, P.L.C. Instrument No. 170008658 DB 285/PG 416 Tax Map Parcel 54-A-128 VICINITY MAP ~ Not to Scale GENERAL NOTES: CURRENT OWNER: TRUSTEES OF CHRIST EPISCOPAL CHURCH. FREDERICK PARISH, WINCHESTER, VIRGINIA DEED BOOK 285 PAGE 416, TM 54-A-128. A TITLE LETTER HAS BEEN PROVIDED BY EDWIN B. YOST, ATTORNEY AT LAW DATED JULY 24,2017. THEREFORE, THIS PLAT MAY NOT REPRESENT ALL ENCUMBRANCES TO THE PROPERTY FROM JULY 24, 2017. DESCRIPTION OF TOTAL AREA OF SURVEY = 4.971 AC. THE PROPERTY OF TRUSTEES OF THE CHRIST EPISCOPAL CHURCH, CURRENTLY ZONED RP EDWIN B.YOST, ATTORNEY AT LAW, TITLE LETTER, DATED JULY 24, 2017 LISTED EXCEPTIONS: FREDERICK PARISH, WINCHESTER VIRGINIA PARKING TABULATIONS: TAX MAP NO. 54-A-128 38 REGULAR SPACES FREDERICK COUNTY, VIRGINIA 6 HANDICAP SPACE 6) PLAT AND SURVEY AT DEED BOOK 285 PAGE 419 IS THE CURRENT OWNERS ACQUISITION Beginning at the southeastern corner of the tract herein described said point THIS SITE FALLS IN ZONE X AREAS DETERMINED TO BE OUTSIDE 0.2% ANNUAL OF THE PROPERTY. INSUFFICIENT PHYSICAL OR RECORDED INFORMATION TO ACCURATELY LOCATE. being an iron rod set on the northerly right-of-way line of Senseny Road, and a corner CHANCE OF FLOODPLAIN AS SHOWN ON THE FLOOD INSURANCE RATE MAP; to Frederick County Scholl Board. FREDERICK COUNTY, MAP NO. 51069C0217D, PANEL NO. 217 OF 375 EFFECTIVE 7) SUBJECT TO UTILITY RIGHT OF WAY TO POTOMAC EDISON COMPANY OF VIRGINIA DATE SEPTEMBER 2, 2009. RECORDED IN DEED BOOK 322 PAGE 399. INSUFFICIENT PHYSICAL OR RECORDED INFORMATION TO Thence departing said northerly right-of-way line of Senseny Road and running ACCURATELY LOCATE. with said Frederick County Scholl Board and continuing with the same line extended RA Zoning Requirements: 8) ORDER BY VIRGINIA STATE HIGHWAY DEPARTMENT RECORDED IN DEED BOOK 368 PAGE 251 at 849.29 feet, 919.87 feet total to an iron rod found, said rod being a corner to AND CERTIFICATE RECORDED IN DEED BOOK TO WIDEN STATE RTE. 657 (SENSENY RD.) Page-Brooke Land Trust. ARE SHOWN AS THE NORTHERN RIGHT OF WAY LINE. Front setbacks. The front setback for any principal use or structure shall be 60 feet Thence departing said said Lot 56, Block C, Rolling Fields and running with said from the property line or right-of-way of the street, road or ingress/egress easement. 9) EASEMENT GRANTED TO THE CITY OF WINCHESTER RECORDED IN DEED BOOK 326 PAGE 564 Page-Brooke Land Trust and with the same line extended with Page-Brooke Land IS SHOWN HERON. Side or rear setbacks. The minimum side or rear setback for any principal use or rods found at 262.42 feet and an additional 79.22 feet, 685.31 total to an iron rod set, structure shall be determined by the primary use of the adjoining parcel as follows: 10) SUBJECT TO UTILITY RIGHT OF WAY TO NORTHERN VIRGINIA POWER COMPANY RECORDED said rod being on the aforementioned northerly right-of-way line of Senseny Road. IN DEED BOOK 272 PAGE 298. INSUFFICIENT PHYSICAL OR RECORDED INFORMATION TO Adjoining Parcel Size ACCURATELY LOCATE. Thence departing said Summit Community Bank and running with said northerly SURVEYOR'S CERTIFICATE: 6 acres or less 50 feet 11) SUBJECT TO UTILITY RIGHT OF WAY TO CHESAPEAKE AND POTOMAC TELEPHONE COMPANY OF VIRGINIA and containing 4.971 acres more or less. This description is subject, however, to all RECORDED IN DEED BOOK 275 PAGE 337. INSUFFICIENT PHYSICAL OR RECORDED INFORMATION TO easements, rights-of-way, and restrictions of record and is the same property To: More than 6 acres 100 feet ACCURATELY LOCATE. described in title letter provided by Edwin B. Yost, PLC dated July 31, 2017. Trustees of Christ Episcopal Church, Frederick Parish, Winchester, Virginia Agricultural and Forestal District, 6 acres or less 50 feet 12) EASEMENTS GRANTED TO THE CITY OF WINCHESTER AND SHENANDOAH GAS COMPANY RECORDED IN This is to certify that this map or plat and the survey on which it is based DEED BOOK 384 PAGE 303 ARE SHOWN HERON. were made in accordance with the "2016 Minimum Standard Detail Requirements Agricultural and Forestal District, more than 6 acres 200 feet for ALTA/NSPS Land Title Surveys," jointly established and adopted by ALTA and NSPS and includes items 1- 7A, 8, 9, 11, 13, 14, 16, 17 and 18 Orchard (regardless of parcel size) 200 feet of Table A thereof. The field work was completed on August 18, 2017. NO EVIDENCE OF CURRENT EARTH MOVING WORK, BUIILDING CONSTRUCTION OR By: David F. Spriggs BUILDING ADDITIONS. NO OBSERVED EVIDENCE OF THE SITE BEING USED AS A SOLID WASTE DUMP, SUMP VA License No. 001853 OR SANITARY LANDFIILL. NO WETLANDS IDENTIFIED DURING THE PERFORMANCE OF THIS SURVEY. RESOLUTION ______________________________ Action: PLANNING COMMISSION: May 2, 2018 Recommended Approval BOARD OF SUPERVISORS: May 23, 2018 RESOLUTION DIRECTING THE PLANNING COMMISSION TO HOLD A PUBLIC HEARING TO ADOPT AN AMENDMENT TO THE 2035 COMPREHENSIVE PLAN APPENDIX I AREA PLANS SENSENY/EASTERN FREDERICK URBAN AREA PLAN WHEREAS, the 2035 Comprehensive Plan, was adopted by the Board of Supervisors on January 25, 2017 and this proposed amendment to the Senseny/Eastern Frederick Urban Areas Plan of Appendix I would result in a land use designation change for (PIN) 54-A- 12 from institutional land use to urban center land use; and WHEREAS, the Frederick County Planning Commission discussed this amendment on May 2, 2018 and sent the amendment to the Board of Supervisors for discussion; and WHEREAS, the Frederick County Board of Supervisors discussed this proposed amendment on May 23, 2018; and WHEREAS, the Frederick County Board of Supervisors finds that this amendment to the Senseny/Eastern Frederick Urban Areas Plan (Appendix I Area Plans) of the 2035 Comprehensive Plan to be in the best interest of the public health, safety, welfare and future of Frederick County, and in good planning practice; and NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of that the Frederick County Planning Commission shall hold a public Supervisors hearing to consider an amendment to the Senseny/Eastern Frederick Urban Areas Plan to amend the land use designation for PIN 54-A-12 from institutional land use to urban center land use and forward a recommendation to the Board of Supervisors. PDRes #18-18 -2- Passed this 25th day of May 2018 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Gary A. Lofton J. Douglas McCarthy Robert W. Wells Shannon G. Trout Judith McCann-Slaughter Blaine P. Dunn A COPY ATTEST ______________________________ Kris C. Tierney Frederick County Administrator PDRes #18-18