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HomeMy WebLinkAboutPC 10-19-94 Meeting AgendaAGENDA FREDERICK COUNTY PLANNING COMMISSION The Old Frederick County Courthouse Winchester, Virginia OCTOBER 19, 1994 7:00 P.M. CALL TO ORDER TAB 1) Bimonthly Report ...................................... A 2) Committee Reports ................................... � B 3) Citizen Comments ..................................... C 4) Subdivision Application #007-94 of Harry Stimpson: to subdivide 14.9277 acres for a proposed motel located in the Opequon District and identified as PIN #85-A-146 & 146A. The directions to this property are as follows: This property is located on the west side of Town Run Lane (Route 1012), South of Fairfax Pike (Route 277), East of Town of Stephens City. (Mr. Miller) ......................................... D 5) Subdivision Application #008-94 of C Douglas Adams: to subdivide 9.552 acres for a proposed office building located in the Shawnee District and identified as PIN # 64 -A - 45G. The directions to this property are as follows: This property is located on the north side of Airport Road (Route 645), West of the Winchester Regional Airport and adjacent to Project Hope. (Mr. Miller) ......................................... E 6) Discussion Regarding Recreational Vehicles in Flood Plains. (Mr. Miller) ......................................... F ra 7) Request for Support of Proposal to Designate Route 55 as a Virginia Byway. (Mr. Watkins) ........................................ G MISCELLANEOUS 8) Other . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . H M E M O R A N D U M TO: Frederick County Planning Commission FROM: Robert W. Watkins, Secretary SUBJECT: Bimonthly Report DATE: October 10, 1994 (1) Rezonings Pending: (dates are submittal dates) C. L. Robinson 03/30/94 BkCk RA to B3 Brown Lovett, Jr. 09/14/94 Ston RA to M1 Frederick Mall 08/10/94 Shaw RA to RP Frederick Mall 10/07/94 Shaw RA to RP (2) Rezonings Approved: (dates are BOS meeting dates) None (3) Rezonings Denied: (dates are BOS meeting dates) None (4) Conditional Use Permits Pending: (dates are,. submittal dates) Mark E. Lowery C. J. Funk Anita Farmer Donald Cook Robin Dassler 07/13/94 Gaines 08/26/94 Gaines 09/9/94 Shaw 09/12/94 Ston 09/23/94 Gaines Public Garage w/o body repair Fabrication Shop Golf Course Automobile Garage w/o body repair Private Dog Breeding Kennel (5) Conditional Use Permits A roved: dates are apDroval dates None (6) Site Plans Pending: (dates are submittal dates) Wheatlands Wastewater Fac. 09/12/89 Opeq Trmt.facil Grace Brethren Church 06/08/90 Shaw Church Flex Tech 10/25/90 Ston Lgt. Industrial Lake Centre 05/15/91 Shaw Townhouses Red Star Express Lines 05/24/91 Ston Whse. Addition 84 Lumber Shenandoah Gas Co. Rosedale Baptist Church Childrens Services of Virginia, Inc. Minute Wok Regency Lakes Sec. C Garber Taco Bell Kraft General Foods 2 01/26/94 Ston 04/12/94 Shaw 08/18/94 BkCk 09/23/94 Shaw 09/26/94 Shaw 07/25/94 Ston 07/26/94 Shaw 09/27/94 Gaines 10/06/94 Ston Storage Addition Offices sales & service Assembly Hall Office Building Restaurant Addition Mobile Homes Retail Commercial Restaurant Addition (7) Site Plans Approved: (dates are approval dates) NONE (8) Subdivisions Pending: (dates are submittal dates) Briarwood Est. 01/04/94 Ston Harry Stimpson 09/23/94 Opeq C. Douglas Adams 10/04/94 Shaw Hampton Chase Sec. I 10/05/94 Ston (9) Subdivisions Pending Final Admin. Approval: (P/C or BOS approval dates Abrams Point, Phase I 06/13/90 Shaw Lake Centre 06/19/91 Shaw Fredericktowne Est., Sec 8 & 9 10/06/93 Opeq Garber 09/07/94 Shaw (10) PMDP Pending: (dates are submittal dates) Fieldstone Heights 04/25/94 (11) PMDP Approved: (Dated are approval dates) Star Fort Garber 09/14/94 09/14/94 Ston Gain Shaw (12) FMDP Pending Administrative Approval: dates are BOS approval dates Battlefield Partnership 04/08/92 BaCk James R. Wilkins III 04/14/93 Shaw Lake Front Apartments 06/08/94 Shaw (13) Board of Zoning Appeals Applications Pending_(submit. dates) Sherando Village LLC Lot 4 08/26/94 Opeq Sherando Village LLC Lot 3 08/26/94 Opeq David & Patsy Cress 09/19/94 Shaw 1E. PLANNING AND DEVELOPMENT - ACTIVITY REPORT #66 (Sept 15-30) 1. Transportation Bob Watkins, Kris Tierney, and Evan Wyatt met with representatives of G. W. Clifford & Associates to discuss the Eastern Road Plan for Frederick County. Evan Wyatt and Jerry Copp of VDOT met with citizens that live along Adams Road (Rt. 689) to discuss incidental construction improvements that will occur during the next fiscal year. Evan Wyatt sent letters to the towns of Stephens City and Middletown requesting appointments to the Frederick County Transportation Committee. 2. Plan Reviews, Approvals, and Site Inspections: Bob Watkins and Kris Tierney met with representatives of the Silvers Company to discuss proposed changes to the Preston Place Master Development Plan. Evan Wyatt reviewed a site plan for an outdoor storage shed addition at 84 Lumber, a site plan for Taco Bell, a master development plan for Preston Place apartments and townhouses, and a revised master development plan for Fieldstone Heights. Evan Wyatt approved a revised site plan for Mobile Chemical Company to enclose an outdoor storage area and relocate the tractor trailer staging area, and a revised site plan for Cliff Borden Trucks Parts. Evan Wyatt conducted site inspections for the new dormitory at Leary Educational Center, a new office facility for Dodson Brothers Exterminating, and a new production addition at DataLux. Eric Lawrence reviewed a site plan for an addition to the Kraft General Foods building in the Fort Collier Industrial Park. 3. Meetings Bob Watkins met with Lee Perkins, RN from the Health Department, to discuss growth trends in the County. Wayne Miller, Evan Wyatt, and Matthew Hott met with Sarkis Satian to discuss the completion of outstanding improvements at the Lakeside Apartment Complex. Evan Wyatt met with Matthew Hott to finalize contract details for the Sherando Bicycle Facility ISTEA Grant. Evan Wyatt met with Steve Gyurisin to discuss site plan requirements for a new section at Regency Lakes, subdivision requirements for property in the Airport Business Center, and requirements for final master plan approval of Fieldstone Heights. Evan Wyatt met with Andrew Boyd to discuss site plan requirements for a proposed Child Service Center Office Building in the Airport Business Center. 4. Professional Development Jean Moore and Evan Wyatt conducted a planning seminar that focused on residential subdivision requirements. The seminar included a van tour of the Senseny Road corridor to demonstrate examples of former and current design requirements. 5. Other Evan Wyatt provided information to the Center for Public Services to challenge the proposed population estimates for Frederick County. Eric Lawrence continued to respond to zoning ordinance violations. PC REVIEW: 10/19/94 SUBDIVISION APPLICATION 007-94 HARRY STIMPSON LOCATION: West side of Town Run Lane (Route 1012), South of Fairfax Pike (Route 277), East of Town of Stephens City. MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER: 85-A-146 & 146A PROPERTY ZONING & PRESENT USE: Zoned B2 (Business General) - land use: Commercial ADJOINING PROPERTY ZONING & USE: land use: Commercial PROPOSED USE: Motel REVIEW AGENCY COMMENTS: Zoned B2 (Business General) - DEPARTMENT OF TRANSPORTATION: No objection to subdivision of this property. Before development, this office will require a complete set of construction plans for review. Entrances will have to be constructed to VDOT minimum standards to allow for safe egress and ingress of the property. Route 1085 should be added to the Stickley Drive right-of-way. TOWN OF STEPHENS CITY: Traffic pattern @ or lanes at Route 277 and Route 1012 is very poor. PLANNING AND ZONING: This proposed subdivision of 1.5152 acres from a larger tract of 14.9304 acres meets all the requirements of the zoning and subdivision ordinances. Waiver of the master plan requirement is recommended. Developmental issues associated with this tract will be addressed at the site plan stage. STAFF RECOMMENDATION: Approval as presented. APPLICATION AND CHECKLIST SUBDIVISION FREDERICK COUNTY VIRGINIA r Date:-September 9, 1994. Application #:"'c � �l Fee Applicant/Agent: Mr.Stephen M. Gvurisin Paid C\ 7 -2, C; Address: 200 North Cameron Street Winchester, Virginia 22601 Phone: 703-667-2139 fax 703-665-0493 Owners name: Harm F. Stimpson, Jr Et Al Address: Boyce, Virginia 22620 Phone: (703) 837-1378 Please list names of all owners, principals, and/or majority .stockholders: Harry F. Stimpson, Jr. Et Al Contact person: Stephen M Qvurisin Phone: (703) 667-2139 Name of Subdivision: Harry F. StiMpson, Jr. Et Al Minor Subdiv. Number of Lots: 2 Total Acreage: 14.9277 Acres Property Location: West side of Town Run Lane Route 1012 South of Route 277 east of the Town of Stephens Cit lir inia (Give State Rt.#, name, distance and direction from intersection) Magisterial District: Opeauon Property Identification Number (PIN): 85-((A))-.146 and 146A Property zoning and present use:B-2 Commercial Adjoining property zoning and use:B-2 Commercial "` f Has a Master Development Plan been submitted for this project? Yes N/A No If yes, has the final MDP been approved by the Board of Supervisors? Yes N/A No What was the MDP title? Does the plat contain any changes from the approved MDP? Yes N/A No If yes, specify what changes. N/A Minimum Lot Size (smallest lot):N A Number and types of housing units in this development: Number: N/A Types: N/A 78 52 1 17 � ViCNIY MAP LIS SCALE 1*=2000• APPROVED BY Planning Commission Do to Subdivlsion Administrator Frederick County Sanitation Authority Virginia Department of Transportation Date ------ ------ - --- - Board of Supervisors __—Date OWNERS' CERTIFICATE The above and foregoing Minor Subdivision of the land of Harry F. Stimpson, Jr., Et Al, as appears in the accompanying plat, is with the consent and in accordance with the desires of the undersigned owners, proprietors and trustees, if any. NOTARY PUBLIC 1,--- _ a Notary Public in and for the state of Virginia at large, do certify that -- -------•--..___-- and _ whose names are signed to the foregoing Owners' Certificate, have acknowledged the some before me in my state. Given under my hand this day of _______- _____ 1994.>�r ` My commission expires _ — c, — D SURVEYOR'S CERTIFICATE 1 hereby certify That the land contained in this Minor Subdivision is a portiotr of the land conveyed to Harry F. Stimpson, Jr., by deed dated 16 July 1973, said deed recQrded ' in the Office of the Clerk of the Circuit Court of Freder' ounty, ee Virginia in Dd`$ook 413 at Page 303 Doug as C. Legge, L.S. TM 85 ((A)) Pci 146 TM 85 ((A)) Pcl 146A Zoned- 32 Zoned: B2 Final Plat for Use: Vacant Use: Vacant Minor Sub di vision P�1 H p,r. Of The Land Of ��- f Harry F. Stimpson, Jr. Et AI p Opequon Magisterial District Pat: MS -94094. dwg Frederick County, Virginia o CERTIFICATE NO. DATE: 8 September 1994 Cover Sheet Sheet 1 of 2 v 1197 D gilbert w. clifford & associates, inc. ENGINEERS – LAND PLANNERS – SURVEYORS LAND 150—C Olde Greenwich Drive SURVEYOR Fredericksburg, virginia 22401 200 North Cameron Street (703) 891--2115 Winchester, Virginia 22601 (703) 667-21391 LINE DIREC710N] Ll S 29W57- W DISTANCE 43.22' L2 S 453842" W 149.95' L3 S 3322"16" W 37.50' L4 S 7872'16" W 46.67' L5 S 3322'16" W 50.00' L6 S 074853" E _ 53.15' L7— S 56J744' E 1 7FS No title report fumished. Easements may exist that are not shown. 1b Iron rods found or set at all property comers / Boundary informatlon taken from plat of •trey dated 1 August 1994 by David M. / stenau, LS a� Pard 146 1.3.4125 Acres N\ W tT`c0_ V\ Town of Stephens City' DB 296 – P 162 Zoned. • RA Use: vacant MINIMUM SETBACK REQUIREMENTS Fron t = 35' Side = 0' Rear = 0' TM 85 ((A)) Pcl 146 Zoned. B2 Use: vacant 7M 85 ((A)) Pcl 146A Zoned.- B2 Use: vacon it a CERTIFICATE rd v 1197 D Stephens City Motel Associates, L.P_ DB610–P351 S Zoned.- 82 Use: Commercial .0 000 29 5000- L o� /o� � / o° � R K\ K\ Q c icy OQ�ac �� �j 0 100 200 400 Graphic Scale in Feet 1"--200' Final Plat for Minor Sub di vision Of The Land Of Harry F. Stimpson, Jr. Et AI Opequon Magisterial District 'lot: MS-94094.dwg Frederick County, Virginia DATE: 24 August 1994 SCALE: 1"=200' Sheet 2 of 2 gilbert ENGINEERS LAND 150—C Olds Greenwich Drive SURVEYOR Frederlcknburg, Virginia 22401 (703) 898-2115 w_ Clifford & associates, inc. – LAND PLANNERS – SURVEYORS 200 North Cameron Street Winchester, Vlrginla 22601 (703) 667-2139 Location Map for PIN; 85—A-146 Harry Stimpson PC REVIEW: 10/19/94 SUBDIVISION APPLICATION #008-94 C. DOUGLAS ADAMS LOCATION: North side of Airport Road (Route 645), West of the Winchester Regional Airport and adjacent to Project Hope. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 64 -A -45G PROPERTY ZONING & PRESENT USE: Zoned B2 (Business General) - land use: Commercial ADJOINING PROPERTY ZONING & USE: Zoned B2 (Business General) - land use: Commercial PROPOSED USE: Child Services Center REVIEW AGENCY COMMENTS: DEPARTMENT OF TRANSPORTATION: No objection to the subdivision of this property. Before development, this office will require a complete set of construction plans for review. Entrances will have to be constructed to VDOT minimum standards to allow for safe egress and ingress of the property. PLANNING AND ZONING: This proposed subdivision is in conformance with the approved master plan for the Airport Business Center. This request meets all the requirements of the zoning and subdivision ordinances. STAFF RECOMMENDATION: Approval as presented. APPLICATION AND CHECKLIST SUBDIVISION FREDERICK COUNTY VIRGINIA Date : Se tember 5 1994 Application #: �_ (_'•�� • c1 q Fee Paid... Applicant/Agent: Mr.Ste hen M. G urisin Address: 200 North Cameron Street Winchester, Virginia 22601 Phone: 703-667-2139 fax 703-665-0493 Owners name: C. Douglas and Fern L Adams Address: Airport Business Center, .Winchester, Va. 22601 Phone: (703) 662-7000 Please list names of all owners, principals, and/or majority stockholders: C. Douglas and _Fern L Adams --� Contact, person: Stephen M Gyurisin + •�?='� �,� Phone ( ) 703667-2139 sicr, Name of Subdivision: C. Douglas and A. Fern L. Minx. division.' Number of Lots:- 2' Total •�' Acreage: 9. =_- �. Acres Property Location: North side of VA. Route 645 Airport Road west of the Winchester Regional Airport and adjacent to Proiect Hope. (Give State Rt.#, name, distance and direction from intersection) Magisterial District: Shawnee Property Identification Number (PIN): 64- A -45G Property zoning and present use : B-2 Commercial Adjoining property zoning and use:B-2 Commercial --_ Has a Master Development Plan been submitted for this project? Yes XX No If yes, has the final MDP been approved by the Board of Supervisors? Yes XX No What was the MDP title? Airport Business Center Does the plat contain any changes from the approved MDP? Yes No XX If yes, specify what changes. N/A Minimum Lot Size (smallest lot):N A Number and types of housing units in this development: Number: N/A Types: N/A �, � _off Qet-733r rris W ni-750 !I f VECIN[Ty Al AP '1 SCALE: 1'2000` APPROVED BY Frederick County Board of Supervisors Date Virginia Department of Transportation Date Planning Commission Date Subdivision Administrator Date Frederick County Sanitation Authority Date OWNERS' CERTIFICATE The above and foregoing Minor St bdivision of the land of C. Douglas and Fern L. Adams, as appears in the accompon.) ng plot, is with the consent and in accordance with the desires of the undersigned owners, proprietors and trustees, if any. NOTARY PUBLIC 1, a Notary Public in and for the state of Virginia at large, do certify that and , whose names are signed to the foregoing Owners' Certificate, hove acknowledged the some before me in my state. Given under my hand this day of 1994 My commission expires SURVEYOR'S CERTIFICATE / hereby certify that the land contained in this Minor Subdivision is a portion of the land conveyed to C. Douglas and Fern L. Adams by deed dated 27 June 1987, said deed recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 653 at Page 763 and all of the land designated as Parcel 3 on the plat recorded in Deed Book 727 at Page 208. TM 64 ((A)) Pcl 45D Zoned. B2 Douglas C. e, L. S. Use: Vccan t TM 64 ((A)) Pcl 45G l Zoned: B2 Final Plat for Use. vacant Minor Sub di vision `.-T H pF Of The Land Of �P f C. Do ugl a s and Fern L Shawnee Mogisterial District�� Frederick County, Virginia `' ' fin ------- C3 CE TIFICATE NO. DATE: 31 August 1994 �• Cover Sheet Sheet 1 v 1197 � - — gilbert w. Clifford & associates, inc. 8�3I ENGINEERS - LAND PLANNERS - SURVEYORS LA SURVEYOR 150—C Olde Greenwich Drive 200 North Cameron Street Fredericksburg. Virginia 22401 Winchester. Virginia 22501 (703) 898-2115 (703) 667-2139 Cooper — Zoned- RA Use. Residential Parcel 2 22.011 Acres C. Douglas and Fern L. Adams / Zoned. MY Use: Vacant \ 0 \ �F vpQPoi`°\ (° e x 8� °\ mm sf\ e to h� a� s % 1. _ ye'o / i St9L: Pc/ 450 �r \ �� oma, J5° b �ey� �'"z ? '�•';�' 8.052 Acres h�.af \\ tied '`q fie, 6`- N8032w� o�'oo Pc/ 45G �' 1.500 Acres \ e 80 .RoutsO . �, 645 0 tk 80' R�W `�ll�o 'LS \\ The People to People Health Foundation r� X00 Project Hope Zone& Ut I Use: Office NOTES. 1. No title report furnished 2. Easements may exist that are not shown. J. Iron rods found or set at all property corners. MINIMUM SETBACK REQUIREMENT. Fron t - 35" 0 100 200 400 rM 64 ((A)) Pc/ 45D mow .oned.• B2 Graphic Scale in Feet Ise: Vocan t 1 "=200" if 64 ((A)) Pcl 45G 'oned: 82 Final Plat for Ise: '/acorn t Minor Subdivision P�3 H OF Of The Land Of r C. Douglas and Fern L. Adams Shawnee Magisterial District A00 Frederick County, Virginia 0 CERTIFICATE N DATE: 31 August 1994 SCALE: 1"=200' Sheet 2 of 2 01 v 119 gilbert w. Clifford & associates, inc. ENGINEERS - LAND PLANNERS -- SURVEYORS AN 150-C Olde Greenwich Drive 200 North Cameron Street SURVEYOR Fredericksburg. Virginia 22401 Winchester, Virginia 22601 (703) 898-2115 (703) 667-2139 9 88 y /� / \ i 3z 2 A4 E) A, s a BM 733is / 2B pP r+ ^.Jy 74 B(, f1-79 ;bb 3 11 �� R )6 b 75 i m r, ,ft a ., +� >o A`02 4 \� a.� es " n I ry i h >� as. 777 w � \ 45E ��na10 M Glr `Cl 92 I n n X41) Q 45C ^ry' 4 Airport Road 45A 45D o Dc��j 6 z 45 t 4 13� , 4 B S Qry ss �' e 90. o, 40 14 ,. See 41 C', c +s f G .µ 2 u "plr�sd r 5 - IM 2. +t 16 A m s+ /� S 72 u m. 1 e � Baa aw, R1. 755 _ - 17 �s 4 w .s w .r .s jO 2 AA ' See 45 + 43 Location Map for PIN; 64—A -45D C,Douglas Adams COUNTY of FREDERICK Department of Planning and Development 703 /665-5651 Fax 703/678-0682 MEMORANDUM TO: Frederick County Planning Commission FROM: W. Wayne Miller, Zoning Administrator RE: Informal Discussion Regarding Proposed Amendments To Article XIV, FP Floodplain Districts, Of The Frederick County Zoning Ordinance DATE: October 6, 1994 The Development Review and Regulations Subcommittee (DRRS) considered the possibility of allowing recreational vehicles within floodplain areas during their September meeting. This discussion came as a result of a potential violation being identified by Mr. William A. Kalberer, FEMA Inspector (please see attached FEMA Community Visit Report dated 5/19194). In particular, the North South Skirmish Association (NSSA) site has recreational vehicles that are located in the floodplain portion of this property. Mr. Kalberer was informed that some of the recreational vehicles remain in the floodplain area for extended periods of time. Frederick County amended the Zoning Ordinance on August 12, 1992 to ensure compliance with FEMA regulations. These amendments were necessary to enable Frederick County to participate in the National Flood Insurance Program (NFIP). Section 165-106F of the Zoning Ordinance currently prohibits recreational vehicles within floodplain districts. The DRRS considered two options. The first option is to maintain the current requirements. Under this option, the Planning Department would inspect property and enforce the Zoning Ordinance on a complaint basis. The second option would allow recreational vehicles provided that certain performance standards were met. These standards would ensure compliance with Section 60.3 of the NFIP regulations. 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 Page -2- PC Memo October 6, 1994 The DRRS was not opposed to an ordinance amendment that would create performance standards; however, they felt that this item should be forwarded to the full Planning Commission for informal discussion. If the Planning Commission believes that it is appropriate to proceed in this fashion, staff offers the proposed amendment: 165-106F. Recreational vehicles are permitted to be parked in the floodplain district provided the following conditions are met: 1) The recreational vehicle is fully licensed. 2) The recreational vehicle is installed on wheels and ready for highway use. 3) The recreational vehicle is attached to the site only by quick disconnect type utilities and security devices. 4) The recreational vehicle has no permanently attached additions. Staff asks that the Planning Commission consider this item and provide direction as to how this issue should be addressed. FW'R" EMERGENCY MANAGEAAERT AGENCY c�.AA M •V0. 3067-0198 COMMUNITY VISIT i2T ErprresmovemberIa. 1991 Public recornnq ouraen for searcnrrs PUBUCilEPQIMNG 3URDEN Federal ageneses in artier for mesa g eaaetng �� sources, gathannq me data needed, and prowdinq the utformavon to FEMA. States or arner Report. Sena comments regarding. ageneses d COmateatKie or he fares is esa of t"j to take an average df tWO to four hOWS for the Ctarnmunrty visit Emergency Agencj. 580 C Street- S.W. wasningto�a(L 20a7� aasnodtoto the Office orMuf Mona Intomtauon Colleoapns Management Federal (3067.0198). wasnington. O.C. 2a%3. g ens and Sud9et. Paoerwort Reduccon ProleCt INsrRucrcQNs A Community Visit Report indicating the findings must be completed after each Community visit The report should not be completed during the meeting with the local offrrdals or provided to the local officials to complete. Should Community visit Report and any other relevant dacismentatiort should be campfeted and on file in the F=.'1rhie AA regional Office within 30 days from the date or"the visit, Section i and Section fit - Part and Part 8 - Self-expianatery. Section 11 - "Name of Local official' is the name or the designated local aff�cial with the resloonsibill and the means to imolemerrt the NFiP requirements 'Address' and "Telephone Number, res' is the addressor telepnone number of the local official. Attach a list of all attendees. and Section IV - This section indicates the date that the CAV is dosed. A CAV Can be considered dosed when all program deficiencies have been cOrracted and violations identified have been remedied to she maximum extent possible, and all follow- up action(s) have been Completed. The date the CAV is dosed will be Completed and initialed by the FEIMA regional office ONLY. Attach any other documentation related to the visit, e.g., chronology of cigntacts. Cones pondenca, resolution of issues, community ordinance. SECTION I I. NAME OF COmmtjNiry L STATE GI1111rS S. VISIT CONOUC; :] 8Y ! 6. AGENCr �L L i q^% A. ?/at j4�'Q1=7 fr 8. NAME OF LOCAL OFF#QAL R. WhYA/F i0. AOoAFSS OF LOCAL OFFICIAL ZcNirvG f7,O��,v,sfR�TaR 3. COMMUNITY ID NUMBER S/csoG� OW SEcricm n =. COUNTY Fz5--6Err c< 7. DAT$ OF VISIT /9. TELEPHONE NO. I ATl.4Gl �a uST OFTf rE AT7ENCEES PART A: RefertoPeSD s 14116. gt30h 6-2b in the NFIP Guidance for CO ducts q CAC -1 and C.Av's for guidance in comolevn aoorooriareresaonse gquesvons i -a. GrUe 1. Are there problems with the eommunity'l floodplain management regulat,,ml I Serious I nMinor i None Z- Are thene problems with th! commuity's adrministaative and gntiorcamenc «edUres? I Serious I Minot ! None 3. Are thereengineering or other problems with the neaps or Flood Insurance Study? I Serious I Ntinor I Mane 4. Are there any other problem= in the cpmmunirY's ftOOdWain management program? I Slnous I Minor I Nane S. die there any problems with the Biennial Report data? (Arrack a cony snowrnq rhe uped dataiennrar Re0ortrniormatron) YES NO �cs�s�B.CY 6. Are there any programmatic isSUft or problems idengfiedI 7 (PragrammatYCRrooremsmay relate to rhe nalocn or region as a whore. nor merely to an,ndjviduar comrnunrry) YES ,NQ 7. Are there any Portenaai violation -sI I at the mmmunity's floodplain management regulations (Checlr apprvpriare ategory/ A potential violation or violations hasrhave been identified. No uiolaaOns have been idenarred. Anions are being taken on the Pan of the camMunity to remedy the vialation(s) identtfied during the CAv. For each stniCTure idennhed as a Cotenttal violanon. attach apprOprrate documentation aer the guidance orovided in tuboaragraon S -2d of rhe NrIP Guidance for Cinaucnnq CJrnmuMM ALfistante ContaCtS and Communrry Assistance Vilits. FEMA Formdi-ja.Aug s9 Frederic:: Ccun_:. (Sioo51 ) 5/1`3/32 Co 41i tI a�Y • snt__ ed t e regular progr am v u 17, 1978. .Th. 9V were last visitad , - discrepancies wets identi�ied at that a. r Y' ��4. o gram 10 in 91) t=m l�ev havz I (up 28 _' , 000 , �o_i_t- „holders . insured co�-eraga Lots= innua.1 remi=s COt3? S17,019- c • S =? aiws paid were S125,71.1. to l _7 Si -Ice 1978 total > j alma ca . 711ev `_lave an est;_aL_ of ..29 ( Chair i�77 ?-nnual reL =rt stat?1 _�9 } households in the iyoadpld__^_.. report they have , A.ccording to the Dcn_nelly _7 . _74 square miles of i? or -j=? 3 . - r!. o repetitive loss properties ha�-e been ident'_=led by FTA I.n the event they are intarested in the Comm'_�itF• Rating System. Their -ordinance is compliant. . c:it`I 50.3 (d) of the ne�� regulations -'per FE_1r}_ 2. Part _ 10-0 e__Ii is or varianc?s have been _ss.aed -the ` oodpla=n-since the last visit. �_ dur4^g =4o siiZd3`�=:�;d C „"eT cptient was Rote -4 sur--2�-; however. during the winds::__-- surVe- the Agency Representative ( R) di A -,*_=-- panel 50 where a did L_ _ an area On, large contingent ci recreat_ora_ vehicles/manufactured homes c:ers congregated , along ?ac Cram. -- the floodplain rha `orth South Sfiirmish Ass:.c_ator, (X.Ssl) holds numerous ;Meetings +» this area throes''�? $pr;ilg and summe` `=edetic` t:oun~�- z r -^1t -- sta--es that Rec. 9ational ?ehi��Ot.._nance, 5a^lint _4G _tr?c meT.b:_- S'a Cha_ $c cnn---� 'L_ :- � %-3a L- d:: _ 3 } I _' r.. sane : �.- o.a C are pared _Z t::e *pl= Ch ` ::a. 4 --- iidt_:.^.a1 « - _ 3;:? •'�C '_n t-_nl� -'.�- ':: Flood _nsuranc-a 'rogram (�.- _D} �c 1`-L- •• Ir -2 r _ at_C'ns as l ^n.- asthey dc. Zl-:^. :33�'_ _^_ ! i•}";a� _$� .":'':2:'?_ None Tnc .,1�_^ t',• :1f _ _:'..�.� aS �:QI: a�� _a`F+j �., C�_ �- counC�e's ordinal•+,_e, and theli -Iet_—C g5 ..nenc pe rm1. _ Certificates and telephone aum er tc obtain add_t_onal forms, if needed (1-800-638-66201. Also provided thrse Iechnica� Bulletins (1,2,& 3), TOD-1, RSD -L, substantial improvement wOrksh_ec, and a summary of the CRS Program. +so Left a model floodplain ordinance that s:il_ meet minimum NF. -M requ-4reme.its of paragraph 60.3(d) of the "F'rz r gul at=oms. Sent a c^p_r of 60.3 -- Flood plain managemen= cr;Lar:a fpr fload prone areas with 'Chia report . 8. Community Action deeded: }• The,County ordinance must either be enforced or amended wit: reference to'the recreational vehicles/manuf actured homes discussed within paragraph two above. :. If amended pay part;pular atte:xtion to Paragraphs 60.3 (b) (1) and (_) ; 60.3 (c) (6) , (12) , and (ls) �of the YFIP regulations. Recommend using the model ordinance fe'- guidance and send us a drat copy Pr= -_r to Board approval action. B. Send an answer as to what you intend to do"about this problem by July- L, 1994 to the Division of Soil and dater 'Coaservat_cn, Floodplain Programs,. 203 Governor Street, Richmond, Ca. 23213 and a time frame eYpected.to accomplish correct4ve action. § 60.3 lc)(e) Of tills section be elevated s that either (1) 1 -he lowest floor of the manufRe lured home Is at or above the bas flood elevaldo►►, or 111► The ►nal►ufaclured Ilone clla331 is supported by relnlorced piers or other foundation elentents of at least cqulvafeslt strength that are uo leas than 36 Inches In height above grade and be securely Anchored to an ade- quately anchored foundation system to rr-sisl lloninilon, collapse, and later. al movement. t13) Notwltlksl.andl►lg ally other pro- vistons of 160.3. a conl►nurnlly fully Ap. prove certahl development In Zones Ai -30. AS. and All, on the con►munl- ty'+ FIRM wikich Increase tl►e water amlace. elevaltoil 01 the base flood by mote than ore foot, provided tl►at lite cornu►unity first applles for a coudl- tioual FIRM revision, 1'1111114 the re. quirements (or such a revision 11s es- tablished under tike provls10113 of 165.12. old receives the approval of Lite Adukh►istrator. (14) Require that recreational vehi- cles placed on sites within Zones A1- 30. All. and At: on the community's FIRM either if) ne on the site for fewer than 180 cotlsecuth'e days, (11) Be fully licensed and ready for I11Rliway use. or (lli) Meet lite permit requirements of paragrapi► 1b)(1) of this sectlott and Tile elevation and anchoring require- ments for "manufactured homes" In paragrnph (cite) of this section. A recrentional vehicle is ready for highway use t1, it Is 011 Ila whccl4 or Jacking systeln, 13 atlaehPd to the site only by quick discoutnect type ui.11illes at►d FecurUy devices, and leas no per- manently Attached additions. td) When the Aduubilsttatur has pro- vided a notice of filial base flood eleva- liow within Zones Al -30 and/or AS On the community's FIRM and, 11 AP- pioprlate, has designated AO zones. All zones. A99 zones, and A zones of the coninuillly's FIRM, and has pro. vided data fro►n wttich the, cotnmutilty shall designate Ila regulatory flood - way, like commmilty Shall: (1) t+lc .t the requirements of para- 8rap1►s (c) t1) through (14) of tills sec - loll; 44 CFR Ch. 1 (10-1-90 Edition) ISO (2) Select and adopt a regulatory lloodway based on the principle tl►at like area chosen for the regulatory e lloodway must be dealgned to carry tine wafers of the ba3e'liood, wttilout s oifclhattrfl olte d snorerthanace tellootlart any point.; (3)1 e Ing 1111, tllli!?9Ctttilt:q Includ• ew �ocrr. tt,^., a ii411ZteJ .34" unless It has been demonstrated tlkro►iel► hydrologic nod hydra elle analyses performed i11 accordance will, standard engineering practice that Lite Ilropuacd encroacliment would not result In any Increase In flood levels Within the cutnmunity during the oc- currence of the base flood discharge; (4) Notwithstanding any other provi. slot's of 100.3, a conunurdty may Penn!! encroachments wItlnln the adopted regulatory lloodway that would result h, All Increase ht base flood elevations, provided that the COinmtmllY first applies for a condi- lluual F'lRbf And fioudway revlslott 1111/1113 the requlrenients for such revi, - 5101's 94 e3tabilaiked under the provl- 310113 of 165.12. and receives the ap- proval of the Administrator. (e) When the Adnihnlstrator has pro- vided a notice of final base flood eleva- tio►s within Zones Al -30 and/or AS on the community's FIRM slid. 11 ap-' proprlale, hsa designated All zones, AO zones, A99 zones, and A zones oil lite cn►nmunity's FIRM, and 1►as Iden - tilled on lire community's FIRM coast- al 111811 hazard areas by designating Zones V1-30, VE, and/or V. the coin- nkui►Ity shall: ( 1) deet Lisa requlreinertt3 of para• grapl►s (c)(1) thtough (14) of tills see - tion; f2) Within Zones Vi -30. VE, and V Oil a community's FIRM, (1 ) obtain lite elevation tin relation to mean sea level) of lite bottom of the Inwest struciwal n►einber of lite lowest floor (excluding pilings and colunuls) of ail new and subfthill lally improved strinc- lures, and whether or not such alrue- tures contain A baserlient, and (ui) nkalnlah► a record of all such inlotfua- tlon with the Official designated by like cutnmunity under 1 59.22(a)(0)t111); Federal Emergency Management Agency (3) Provide that all new construction Within Zones VI -30, VE, and V oil file eommlu►!ty's FUtM Is located land. watd of the reach of mean high tide; (4) Provide that all new coils trl►c(101, and substantial linprovements lit Zones VI -30 and VE, and also Zone V It base flood elevation data Is avail. able, on llle comnlunity's FIRM. are elevated on pilings and cOlutniks so that (1) Lite bottom of the lowest horl- tuntal structural member of the lowest floor (excluding tl►e pilings or cOltinuis) is elevated to or above the base flood level; and (11) flue pile or COIUnIn foundation and structure at- tached thereto !s anchored to resist 1101,111,1011, collapse and lateral move meat due to tyle effects of wind and water loads acting ahnultaneously on All building components. Water load- ing values used shall be those auticlat- ed with the base flood. Wind loading values used shall be those required by Applicable State or local building standards. A registered professional engineer or Architect shall develop or review tine structural design, speclllca- r tions s►kd plans for the construction, and shall certify that the design and fuethotL9 of construction to be used are III accordance with accepted standards Of practice for meeting the provisions Of pAragrsptks (e)(4)(1) and (IU of this section. (8) Provide that all new comitruction told substantial Improvement' witinln Zones VI -30, VE, and V on the conn- suul►Ily's FIRM have tine apace below tine lowest floor either free of obstruc- tion or constructed with non -support - Ing breakaway wails. open wood lat- tice -work, or Insect screening intended to collapse under wind end water loads wlthout cA'1sfilg collapse, displace- ment, or other structural damage to the elevated portion of the building or Supporting foundation system. For the purposes of this section, a breakway wall shall have a design sale loading resistance of not less titan 10 and no snore than 20 pounds per square tool. Use of breakway walls which exceed a design sale loading resistance of 20 pounds per square loot (eltl►er by design or when so requlred by local or State codes) may be permitted only 11 a registered professional englueer or architect certifies that tike designs 160.3 Proposed meet the following condl- tlo)ls. (1) breakaway wall collapse shall result froth a water load less than that wl►Icln would occur dutiug the base flood; and, (11) The elevated portion of lite building and supporting (osindatlan system shall slot be subject to collapse, displacement, Of other structural damage due to tike effects of wind and wai.er loads acting slnudlaneously on all building coo►ponent3 tEtructural and Sloss -stir uctulall. Water loading values used ahall be t1►O3e associated wit!► the base flood. Wind loading values used 11119!1 be those requlred by apPllcable State or local building standards. Such enclosed space shall be useable solely for parking of vehicles. building access, or storage. (6) Prohibit the use of fill for struc- tural support of buildings within Zones VI -30, VE, acid V on tt►e con► Intu►ily's FIRM; (7) Prohlblt man-made alteration of sand dunes slid mangrove stands withlu Zones VI -30. VE, and V on the cuu►nrtu►lty's FIRM which would In- crease potential flood damage. (8) Require that manufactured lkon►es Placed or substantially ink - proved within Zones VI -30, V. and VE: on the community's FIRM on sites (1) Outside of a inanufactured home park or subdivision. (ui) In a uP,w ►nanufactured hone park or subdivision, (lli) in all expar►sfon to a11 existing manufacLuted home park or subdivi- sloit, or (10 In An existing manufactured home park or subdivision on w 111ch a manufactured home has Incurred '• substantial damage" as the result of a flood. Meet line standards of psragrapl►s (e)(2) through (7) of tills section and that manufactured homes placed or substantially Improved on usher sites In an exl3ting manufactured t►oute park or subdivision within Zones VI - 30, V. and VE oft the commurthy's F'114 meet Like rcqulretneuls of pnra- grApl► (c)(121 of this section. (9) Require that recreational vehi- cles placed on sites within Zones VI- COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703/678-0682 TO: Planning Commission Members FROM: Kris C. Tierney, Deputy Planning Director RE: Request for Support of Proposal to Designate Route 55 as a Virginia Byway. DATE: October 6, 1994 Attached is a letter and supporting materials from John R. Davey, Jr., with the Department of Conservation and Recreation, to John Riley requesting the County's support for the proposal to designate Route 55 a Virginia Byway. The Commission may wish to make a recommendation in support or opposition to the designation to the Board of Supervisors. Please let me know if you have any questions. KCT/dre Attachment 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 ADMINI.S I RATION NATURAJ. HERITAGE H. Kirby Burch v Y MANNING AND RECREATION RE.SOtIRC:FS Department Director 5011. AND WATER CONSERVATION SPATE PARKS ilk COMMONWEALTH of VIRGINIA DEPARTMENT OF CONSERVATION AND RECREATION DIVISION OF PLANNING AND RECREATION RESOURCES 203 Governor Street, Suite 326 TDD (804) 786-2121 Richmond, Virginia 23219-2010 (804) 786-2556 FAX899 August 12, 1994 r John R. Riley, Jr. County Administrator == ' P.O. Box 601 �r f Winchester, Virginia 22604 `� i �� _ `I�`0 Dear Mr. Riley: Earlier this year two different citizen groups requested that Route 55 be considered for designation as a Virginia Byway. Subsequently, The Department of Transportation and our staff have evaluated the corridor between Route 29 and the West Virginia State Line and found that it qualifies for inclusion in the Virginia Byway System. However, before we can proceed with the designa- tion process, we need to obtain information about the County's comprehensive plans and zoning. We also need the endorsement of the Board of Supervisors. Will you ask the County Planning Staff to provide excerpts from your comprehensive plan that are related to existing and future uses of the Route 55 Corridor as well as the goals and objectives. The adopted Criteria and Procedures require the endorsement of the local governing body (ies), therefore, we would appreciate it if we could obtain a resolution of support for the concept of Virginia Byway designation for the section of Route 55 through Frederick County. This information can be sent to the above address. The enclosed Byway Management Guide may help to answer your questions about this issue. If there are additional questions, or you need more information, contact Derral Jones of our staff, who has responsibility for the project. His phone number is (804) 786 9042. Thank you for your assistance with this issue. Sincerely, l �&hn R. Davy, Jr. Planning Bureau Manager CDJ/km cc: Earl Robb, VDOT Environmental Engineer Anthony P. Coogan John R. Kapp, Mayor, Town of Haymarket J03878/PRR COMMONWEALTH of VIRGINIA A guide for Virginia Byway Management Reprint, July 1993 Department of Conservation and Recreation 203 Governor Street, Suite 206 Richmond, VA 23219-2094 Phone (804) 786-2064 ko -%-N-ODCR Department of Conservation & Recreation CONSERVING VIRGINIA'S NATURAL AND RECREATIONAL RESOURCES Table of contents I. Summary ...................................................................................... ...........1 II. Introduction....................................................................................................2 M. Definitions ScenicHighway....................................................................... VirginiaByway.........................................................................................3 IV. Virginia Byway criteria and procedures A. Adopted criteria .................................................. ...4 ................. B. Procedures for designation ................................................ C. Procedures for designation revocation ................................................. 6 V. State programs to assist in corridor conservation A. Outdoor advertising..............................................................................'7 B. Junkyard law.................................................................... ... 8 C. Adopt-a-Highway............................................................................ . 8 D. Virginia Land Use Taxation Act ...................................... 9 .............. E. Agriculture and Forestral District Act .................... .......................10 F. Virginia Outdoors Foundation...................................................... 11 G. Virginia Historic Landmarks.............................................................. 12 H. Natural Heritage program........................................................ ..........12 I. Virginia's Litter Control program ............................................. ..........13 J. Abandoned or Inoperative Motor Vehicle Law ........................... ...13 VI. Examples of local land use plans related to Virginia Byways A. Loudoun County ...................................................................... ..........15 B. Albemarle County ............................................. ......16 VII. Conclusion.............................................................. ............19 VIII. List of contacts............................................................... ...20 IX. Appendices Appendix 1 • History .............................................. .......21 ......................... Appendix 2 • Map of proposed system ...................................................22 Appendix 3 • List of designated routes ..................... Appendix 4 • CTB resolution ............................................. ..... 25 I. Summary Protecting Virginia Byways — a local issue The purpose of the Virginia Byways program under §33.1-62 et seq of the Code of Virginia is to identify outstanding road segments, and to conserve them for the enjoyment of all Virginians as well as out-of-state visitors. The legislation is a mechanism to provide official recognition of unique road corridors. While the Virginia Byway program provides the official recognition for road seg- ments, it does not provide for protection of the adjacent corridor. Instead, local land use controls have been relied upon to conserve the unique character of the Virginia Byway corridor. Numerous approaches have been used successfully by localities to conserve the scenic and historic integrity of these roads, at the same time allowing compatible developments to occur. Also, there are a number of state laws in existence that, while not specifically aimed at scenic road conservation, can aid localities as they contemplate measures to help conserve the unique qualities and natural beauty found along the roadways of the commonwealth. This report describes Virginia's criteria and procedures for designating Scenic Highways and Virginia Byways, and 10 state programs that can assist localities in the development of conservation measures for Virginia Byways. Each locality must work within the framework of local goals and objectives in protecting those values which caused their roads to be identified as worthy of statewide recognition through the Virginia Byways system. II. Introduction The commonwealth has many miles of roads that traverse areas of exceptional beauty and outstanding historic interest. In recent years, there has been considerable support to bring these roads together in a Scenic Highways/Virginia Byways system. The system would give official recognition to the outstanding qualities of designated roads and, at the same time, encourage local government to adopt land -use measures to protect these resources for the enjoyment of future generations. The full potential of these highway -related resources can be realized only if localities of the commonwealth are prepared to take the steps necessary to strengthen land use controls and clean up the undesirable elements along Virginia's scenic roads. Many localities considering endorsing a proposed Virginia Byway question if state -imposed restrictions come with the designation. The answer is no; all land use controls are decided upon and applied at the local level within the framework of govemmental goals and objectives. Local land -use controls have been relied upon to conserve the unique character of Virginia Byway environs. A variety of devices has been used by localities to conserve the scenic and historic integrity of these roads, while allowing compatible development to occur. Such devices include low density residential zoning with frontage and setback requirements, agricultural and conservation zoning, outdoor sign ordinances, structural facade treatment, and special landscape treatment. Other state programs can also aid localities as they attempt to conserve their most scenic and historic road corridors while permitting orderly growth. The Virginia Byway Management guide is designed to help local governments conserve charac- teristics of designated Virginia Byway resources in their localities. This report will furnish localities ideas for incorporation into their planning processes. The information provided will ensure many significant scenic, historic, cultural and recreational resources remain available for Virginians to enjoy into the future. The report does not contain mandates, nor does it impose restrictions, from state government. 2 Ill. Definition of Virginia Byways and Scenic Highways In 1966, the General Assembly passed the Scenic Highway and Virginia Byways Act authoriz- ing the Commonwealth Transportation Board, in cooperation with Virginia's Department of Conser- vation and Recreation MCR), to designate certain outstanding roads as Virginia Byways or Scenic Highways. (See definition in legislation below.) Virginia Byways have the potential to become the strongest element of the scenic roads program in Virginia, since opportunities for Scenic Highways are limited to protected areas such as existing state or national parks, national forests and other protected corridors. The Virginia Byways legislation was designed as a recognition act and as such, places no land - use restrictions or controls upon a designated byway corridor. The only provision made in the law is that preference be given "...to corridors controlled by zoning or otherwise, so as to reasonably protect the aesthetic or cultural value of the highway." The state obtains no land -use controls, im- plied or otherwise, through the process of designating state roads as Virginia Byways. Legislation it Scenic Highways and Virginia Byways §.33.1-62. Designation - The Commonwealth Transportation [Board] is hereby authorized to designate any highway as a scenic highway or as a Virginia byway. This designation shall be made in cooperation with the Director of Conservation and Recreation. Prior to designation, the local governing body and local planning commission, if any, in each county or city wherein the proposed scenic highway or Virginia byway is located shall be given notice and, upon request by any of the local governing bodies, the Commonwealth Transportation [Board] shall hold a hearing in one of the counties or cities wherein the proposed scenic highway or Virginia byway is located. (Code 1950, §.33-43; 1966, c.11; 1970. c.322; 1974. c.319; 1984, c.739. ) §.33.1-63. "Virginia Byway" defined; preference in selecting for the purposes of this article, a "Virginia byway" is defined as a road, designated as such by the Commonwealth Transportation Board having relatively high aesthetic or cultural value, leading to or within areas of historical, natural or recreational significance. In selecting a Virginia Byway, the Commonwealth Transportation Board and the Director of Conservation and Recreation shall give preference to corridors controlled by zoning or otherwise so as to reasonably protect the aesthetic or cultural value of the highway. (Code 1950), §.33-43.2; 1966, c.11; 1970, c.322; 1984, c.739.) $.33.1-64. "Scenic Highway" defined - For the purpose of this article, a "Scenic Highway" is defined as a road designated as such by the Commonwealth Transportation Board, within a protected scenic corridor located, designed and constructed so as to preserve and enhance the natural beauty and cultural value of the countryside. (Code 1950, §.33-43.3; 1966, c.11; 1970, c.322.) §.33.1-6. Signs - When the Commonwealth Transportation Board designates a highway as a Scenic Highway or as a Virginia Byway, it shall be appropriately signed as such. (Code 1950, §.3343.3; 1966, c.11, 1970, c.322.) $33.1-66. Acquisition of adjacent land. - When the Commonwealth Transportation Board has designated a highway as a Virginia Byway or as a Scenic Highway, the Department of Transportation Commissioner may acquire by gift or purchase such land, or interests therein, of primary importance for the preservation of natural beauty adjacent to scenic highways. (Code 1950, §.2243.5; 1966, c.11; 1970, c.322.) 3 IV. Virginia Byway criteria and procedures The designation process of a Virginia B .ua., citizen's request; or b) governmental action b the Department � urinated by. a) a locality, ty, or chador Virginia's Department of Transportation. Once a request h-- b n Conservation and Recreador men, of Transportation undertake a field survey to determine whetherethe d, the DCR Md the L physical criteria for designation. y(s) meet the The localities should signify that they are interested in the Virginia Byway designation any further steps are taken by the commonwealth. Usuall the DCR any supporting Virginia Byway designation from the board of supervisors be forty ded to Richmo�r. Part of the record. so Once Official assurances are received, DCR's planning and recreation resources division Ines the significance of historic sites along the corridor as well as local zoning and tour ex Plans. If a road under evaluation meets the adopted criteria, the director of DCR will recorehe enc the commissioner of the Department of Transportation that the Commonwealth Transportation anon Board consider the road for designation. P nation mm The Virginia Department of Transportation staff reviews the information and ex resses to board its views about designation. The Commonwealth Transportation Board makes the f tr urination as to whether a roadway should be designated. nal detr A. Adopted criteria To be considered for designation as a Virginia Byway, a segment of road must substantially meet the following physical criteria: ally • The route provides important scenic values and experiences. • There is a diversity of experiences, as in transition from one landscape scene to another. • The route links together or provides access to significant scenic, scientific, historic or r ational points. etre • The route bypasses major roads or provides opportunity to leave high-speed routes for and leisure in motoring, variety • Landscape control or management along the route is feasible. • The route affords opportunities for the provision of features which will enhance the mo enjoyment of the byway and provide for the improved safety of the visitor. torist's • The route contributes to good distribution within elements of the Scenic Highwa an Byway system. Y d � .nia 4 • Local government(s) has/have initiated zoning or other land -use controls, so as to reasonably protect the aesthetic and cultural value of the highway. If onsite inspection shows that the road(s) meets the physical criteria, the DCR prepares a report for its director. B. Procedures for designation The DCR and the Virginia Department of Transportation will jointly: • Initiate the study of a potential Scenic Highway or Virginia Byway as a measure implementing the Virginia Outdoors Plan or upon the request of a local governing body (or citizen group). • Make on-site inspection of the route to determine if it meets the physical criteria. • Request a resolution or other assurance, indicating that the local governing body (bodies) is interested in scenic designation. • Develop evaluation processes which will ensure that the historic, recreational, cultural or scenic resources, as envisioned by the authors of Section 33.1-62 et sequence of the Code of Virginia, are present in the corridor. Also, that local units of government have comprehensive plans or zoning in place that will contribute to the reasonable protection of the cultural or scenic value of the highway. The director of the DCR will: • Coordinate within the department, with Virginia's Department of Historic Resources, the Virginia Outdoors Foundation, and other appropriate state agencies to determine the location and significance of historic sites and other natural resources in close proximity to the road corridor. • Determine that comprehensive planning programs and zoning of the locality are consistent with the management objectives established for Scenic Highways or Virginia Byways. • Recommend the designation of the potential Scenic Highway or Virginia Byway to the Com- monwealth Transportation Board through the commissioner of the Department of Transporta- tion. The commissioner of the Department of Transportation will: • Submit potential Scenic Highways or Virginia Byways proposals recommended by the director of the DCR to the Commonwealth Transportation Board for its consideration. • Advise the director of the DCR of board action. • Work with the local governing agency to achieve the management objective(s). 5 C. Procedures for designation revocation If a periodic inspection indicates a Scenic Highway or Virginia Byway no longer meets mini- mum standards, the Commonwealth Transportation Board will request a joint investigation by the two departments. Listed below are the procedural steps that should be followed: 1. The two departments notify the local governing body, the planning district commission, interested individuals and organizations of the requested investigation. 2. In coordination with the local governing body, the departments make an on-site inspection of the route and provide suggestions to the locality for corrections, improvements or restorations as necessary to maintain designation and a recommended time frame for action. 3. The DCR director and the Department of Transportation commissioner recommend that the Commonwealth Transportation Board revoke the designation, upon finding that the quality of the road segment cannot be restored to meet agreed upon conditions. 4. The Commonwealth Transportation Board may take action concerning revocation of the designation upon recommendation from the director and commissioner of the DCR and Department of Transportation, respectively. 0 V. State programs to assist in corridor conservation Virginia's Department of Transportation (VDOT) environmental engineer plays a key role with scenic roads, having overall responsibility for the program. Their staff coordinates with the other divisions, DCR and other agencies. They also contact local governments that have road(s) being considered for Virginia Byway designation and offer them an opportunity to request a public hearing concerning the proposed scenic road(s). The environmental division staff prepares, the final report for consideration by the Commonwealth Transportation Board. This office is also responsible for environmental reviews and pre -permit coordination for all VDOT construction. The environmental engineer also administer the Outdoor Advertising Law. Under the auspices of the Environmental Engineer, all planned road improvements are subject to environmental review and pre -permit coordination through formal processes established to ensure that construction impacts are minimized to the greatest extent practical. The Inter -agency Environ- mental Coordination Committee (IECQ and the Inter -agency Coordination Committee (IACM) meet regularly to review these projects. Any improvements involving a Virginia Byway are re- viewed by one or both of these groups. The committee(s) make recommendations aimed at minimiz- ing impacts or mitigating unavoidable impacts. These processes are intended to provide technical comments aimed at reducing construction related impacts; they are not intended to stop road con- struction. Once the Commonwealth Transportation Board takes action to designate a Virginia Byway, the environmental engineer notifies the district Administrator of theDesignation. The local resident engineer places signs on the road and works with the locality(ies) on routine operation and mainte- nance issues in the same manner as other highways. Ten state programs or legislative actions have been implemented to aid localities in the preser- vation and conservation of resources important to local governments. A. Outdoor advertising law The Outdoor Advertising Law, Chapter 7, §33.1-351-33.1-381, is administered by Virginia's Department of Transportation. §33.1-351. Definitions. -(a) In order to promote the safety, convenience and enjoyment of travel and protection of the public investment in highways within this State, to attract tourists and promote the prosperity, economic well-being and general welfare of the State, and to preserve and enhance the natural scenic beauty or aesthetic features of the highways and adjacent areas, the General Assembly declares it to be the policy of this State that the erection and maintenance of outdoor advertising in areas adjacent to the rights-of-way of the highways within this State shall be regulated in accordance with the terms of this article and regulations promulgated by the State Highway and Transportation [Board] pursuant thereto. The General Assembly's intent with respect to the Outdoor Advertising Law was to limit or control the use of outdoor advertising signs that create an intrusion into unique scenic areas of the commonwealth. Although this law was not directed specifically for Virginia Byways and Scenic Highways, it is a tool to assist the locality in conserving those unique qualities that resulted in a particular road's addition to the system. The local government, in cooperation with the VDOT's resident engineer and district environmental official can, utilize this existing regulation to limit the number of signs along an existing Virginia Byway. 7 B. The Junkyard Law Virginia's Junkyard Law is contained in §33.1-348 of the code and is administered by the Department of Transportation. §33.1-348. Junkyards: For the purpose of promoting the public safety, welfare, convenience and enjoyment of public travel, to protect the public investment in public highways, and to preserve and enhance the scenic beauty of lands bordering public highways, it is hereby declared to be in the public interest to regulate and restrict the establishment, operation, and maintenance of junkyards in areas adjacent to the highways within this State. The Junkyard Law is intended to reduce the visual impacts of these operations upon the sur- rounding countryside. By removing them from the local roadsides, or effectively screening them from view of the traveling public, the General Assembly made a strong statement about its desire for the aesthetic qualities of the roadsides of Virginia. Virginia's transportation commissioner has responsibility for controlling junkyards along the roadsides of the commonwealth. Local government can work with the local VDOT office to initiate actions that would ultimately cause these unsightly areas to be screened from public view, or relo- cated. This program is applied statewide and is not aimed specifically at Scenic Highway or Virginia Byway corridors. However, if careful enforcement of this regulation is initiated through local gov- ernment, visual qualities along many of the more scenic road corridors in the state could be im- proved. C. Adopt -a -Highway The Department of Transportation, Virginia's Department of Waste Management, and Keep Virginia Beautiful, Inc. have cooperated to develop the Adopt -a -Highway program in an effort to encourage citizens to actively keep the commonwealth's roads free of trash. Virginia is a beautiful state, and it boasts one of the best highway systems in the country. Visitors from all over the world are encouraged to tour the Old Dominion, but the most scenic drive can be ruined by trash strewn along the roadside. Not only is trash unsightly, it's also expensive. Every year, it costs several million dollars in state highway funds and thousands of hours to pick up litter. That money and time could be better spent improving the state's highway system. Any person or group can help keep Virginia beautiful and save highway money for more critical jobs by "daring to care" about Virginia and volunteering to "adopt" a highway! To adopt a highway, individuals, organizations or businesses agree to keep approximately two miles of selected highway cleared of litter for a two-year period. In exchange, volunteers are given materials to help them with the pickups, and a sign bearing their name is posted at the beginning of their adopted highway section. At the end of the two-year period, the volunteers receive a certificate of appreciation and may renew their adoption or take on another one. All Adopt -a -Highway projects are coordinated by the VDOT resident engineer and the maintenance division in the VDOT central office. Although Adopt -a -Highway can be initiated by any person or group for most of the pubic roads in the commonwealth, this prop ain would be a special benefit to designated Virginia Byways. Lands adjacent to Virginia Byways, or city -maintained streets feeding to the byway, can be adopted by interested groups participating in the Department of Waste Management sponsored Adopt -a -Spot or Adopt -a -Street program. The local litter control coordinator is the contact for these programs. D. Virginia Land use Taxation Act In 1971, the Virginia General Assembly enacted a law permitting localities to adopt a program of special assessments for agricultural, horticultural, forest and open space lands (Sections 58.1-3229 through 58.1-3244 of the Code of Virginia). The purpose of the program is: • "To encourage the preservation and proper use of such real estate in order to assure a readily available source of agricultural, horticultural and forest products and open spaces within the reach of concentrations of population, • To conserve natural resources in forms which will prevent erosion and protect adequate and safe water supplies, • To preserve scenic natural beauty and open spaces, • To promote proper land use planning and the orderly development of real estate for the accom- modation of an expanding population, and, • To promote a balanced economy and ameliorate pressures which force conversion of such real estate to more intensive uses and which are attributable in part to the assessment of such real estate at values incompatible with its use and preservation for agricultural, horticultural, forest or open space purposes." The code sets some basic prerequisites for landowners wishing to qualify for use -value assess- ments. Responsibility for prescribing uniform qualification standards is assigned to the commis- sioner of Virginia's Department Agriculture and Consumer Services for agricultural and horticultural lands. Likewise this responsibility lies with the state forester for forest lands and with the director of the Department of Conservation and Recreation for open space lands. Also, to aid localities in arriving at use value assessments, the State Land Evaluation Advisory Council was established. These three department directors, the tax commissioner, and the dean of the College of Agriculture and Life Sciences of Virginia Polytechnic Institute and State University comprise the council. Each year the advisory council determines and publishes ranges of suggested values for several classes of agricultural, horticultural, forest and open space land in the localities having such pro- grams. The local assessing officer uses these ranges, along with his personal knowledge of use 9 values in the area and the other available evidence of land capability to arrive at the official use - value assessment of any parcel. Beginning with tax year 1989, (Jan. 1, 1989) Section 58.132-33 of the Code of Virginia estab- lished determinations to be used by local officials in the process of assessment of real estate under the Use Value Tax Ordinance. Before assessing any real estate pursuant to the provisions of Use Value Tax Act and subsequent local ordinances, the assessing officer must: • Determine that the parcel(s) meet criteria and standards for one of the classifications described in the Use Value Tax Act. The local official may request an official opinion from the director of the Department of Conservation and Recreation, the state forester and/or the commissioner of Department of Agriculture and Consumer Services. • The Use Value Taxation Legislation requires that the local official determine that real estate being considered for Use Value Taxation is solely devoted to one of the following categories of use: agricultural or horticultural use, with a minimum of five acres; forest use must have at least 20 acres and open space use must contain at least five acres. Under the provisions of the Use Value Tax Act, lands adjacent to a scenic river, scenic road, or other public property identified in the Virginia Outdoors Plan, the minimum acreage is reduced to two acres for lands devoted to open space. Also, under the provisions of this act, all lands in agricultural forestal districts automatically qualify for Use Value Taxation. • The local assessing officer must ensure that lands committed to open space use have a recorded open space use agreement between the landowner and the locality committing the land owner to retain the open space use for at least four years, but no more than 10 years. E. Agricultural and Forestal District Act Title 15. 1, Chapter 36 §15.1-1506 - through 15.1-1513 of the Code of Virginia contains the Agricultural and Forestal District Act, administered by the Department of Agriculture and Consumer Services. § 15.1-1507. Declaration of policy findings and purpose. — It is the policy of the Commonwealth to conserve and protect and to encourage the development and improvement of the Commonwealth's agricultural and forestal lands for the production of food and other agricultural and forestal products. It is also the policy of the Commonwealth to conserve and protect agricultural and forestal lands as valued natural and ecological resources which provide essential open space for clean air sheds, watershed protection, wildlife habitat, as well as for aesthetic purposes. It is the purpose of this chapter to provide a means for a mutual undertaking by landowners and local governments to protect and enhance agricultural and forestal land as a viable segment of the Commonwealth's economy and an economic and environmental resource of major importance. This law, aimed at the protection and preservation of valuable agricultural and forest lands of the commonwealth, is a voluntary program that requires close cooperation between local govern- ment and the Department of Agriculture and Consumer Services. The goal of this law is to preserve Virginia's precious farm lands. It requires much effort at both the State and local level to create a contiguous unit of lands that meet the requirements of the Agri - 10 cultural and Forestal District Act. However, if these lands are retained in forestal and agricultural uses they can become a critical link in the conservation of the aesthetic qualities vital to preserving designated Virginia Byway corridors. Benefits for landowners are as follows: • Land in an agricultural and forestal district automatically qualifies for use -value assessment if the requirements for such, established pursuant to the Virginia Land Use Taxation Act, are satisfied. • Local land use planning and regulation must take cognizance of an agricultural and forestal district, and local government is not to use its powers in manners that would unduly restrict or regulate farming or forestry except to protect public health and safety. • The state's power to acquire land in such districts is limited by the Act. F. The Virginia Outdoors Foundation Realizing the need to promote a public policy of open space preservation in the face of rapid growth, the General Assembly created the Virginia Outdoors Foundation in 1966. Its purpose is to encourage private gifts of money, securities, land or other properties in order to preserve open space resources. Since its creation, the foundation has taken easements on 81,000 acres of open space, and protects another 5,000 acres through fee -simple ownership (as of July 1992). The foundation's program of voluntary donation of easements has contributed significantly to open space preservation in Virginia. However, there remains a vast untapped potential for the use of conservation easements to fulfill the goals of local, state, and federal conservation plans. A conser- vation easement is a voluntary restriction on use of land, granted by a landowner, in the form of a deed to a public agency or a private conservation organization. In Virginia, conservation easements granted to public bodies have produced advantages for the landowners and the public. A landowner who gives an easement on a tract of land is assured that the land will remain undeveloped. In addi- tion to enjoying uses of the land permitted under the easement, the landowner may benefit from certain estate, income, and property tax incentives based on the absence of development potential for the land. The public is assured of the continued presence of valuable open space lands without the commitment of government funds otherwise required for purchase and management of land identi- fied for preservation. Easement -protected land produces a public benefit while remaining in private ownership in production of food and fiber, and on the tax rolls. The Conservation Easement Program is directed at the preservation of open space statewide. It is frequently used by private individuals who have an interest in conserving the unique visual quali- ties along a designated Virginia Byway. The Virginia Outdoors Foundation actively solicits contri- butions of open space or scenic easements to protect designated Virginia Byways. The Foundation works with localities and welcomes joint approaches to the creation of an easement program for designated byways. 11 G. Virginia's historic resources Virginia's historic resources are significant contributing features to the scenic, cultural, and historic values of many Virginia Byways. The Department of Historic Resources, to date (July, 1992), has surveyed and assessed more than 80,000 historic structures and more than 23,500 ar- chaeological sites. Nearly 1,647 entries are listed in the Virginia Landmarks Register, representing official state designation of more than 32,000 contributing historic buildings, structures, sites, and objects. The Virginia Historic Resources Board has acquired easements on more than 160 properties of historic, architectural, and archeological significance, guaranteeing their survival in compatible settings. Under provisions of the federal tax laws the department, in cooperation with the National Park Service, has certified 543 historic rehabilitation projects in Virginia, representing a combined private investment of $175 million. As a result of its survey and register programs, the Department of Historic Resources has expedited the environmental review of thousands of construction projects while protecting Virginia's historic resources. The occurrence of historic structures or areas along or near a proposed Virginia Byway is frequently one of the reasons that a road is considered for inclusion in the system. These historic sites already afford a measure of protection or preservation to their immediate surroundings. The private -public cooperation and coordination necessary for recognition of an area or site as a signifi- cant historic resource also provides a measure of protection to scenic roads that traverse the area. H. Virginia's natural heritage program In 1986, the Commonwealth of Virginia and The Nature Conservancy, a national, private non- profit organization, entered into a unique joint venture contract creating the natural heritage division in the Department of Conservation and Recreation. This contract was of historic importance for the identification and protection of this state's finest natural areas. The 1988 General Assembly ap- proved Governor Baliles' initiatives by transforming the contract to a fully funded state program. The Natural Heritage Program is a computer-assisted ecological inventory. This program provides a continuing process to identify significant natural areas and set priorities for their protec- tion. The inventory focuses on individual "elements" of the state's natural diversity. These include distinct biotic communities, plant and animal species, and other natural features of interest because they are exemplary, rare, or endangered at the state or global level. Natural heritage division staff also coordinates with the Department of Agriculture and Consumer Services and the Department of Game and Inland Fisheries, to identify and protect rare or threatened plant and animal species. The specialized needs for protection and management of Virginia's natural heritage resources are being accomplished by the division. A complete set of conservation tools and strategies toward the goal of natural heritage resource protection and management on public and private lands is available for use. A Natural Area Preserve System, a statewide system of natural areas protected through the action of natural area dedication, is being established. Dedication is the strongest form of legal protection available for a natural area, recognizes biological diversity as the most important value of the land, and requires a majority vote of the legislature and signature of the governor to be overturned. Both publicly and privately owned lands can be dedicated. Other protection tools include a landowner registry program and conservation easements. Development and implementation of management plans for publicly and privately owned natural areas is critical for the long-term protec- 12 tion of Virginia's natural heritage. Natural area program staff cooperate with private and public landowners to develop ecological management plans for the protection of natural heritage resources. The program is designed to do far more than establish the commonwealth's protection priori- ties. It can be used by all groups and agencies for land -use planning, environmental impact assess- ment, endangered species review, resource management, and research and education. According to former Governor Baliles, the key to the success of this and all natural heritage programs lies in the impartial nature of its data. Because this data helps avert environmental conflicts before they can arise, this program will be appreciated by both commercial and environmental interests. When one or more of these unique natural resources is identified in close proximity to a scenic road, the pres- ence of the plant or animal community becomes an emphasis for conservation to protect the Virginia Byway corridor. In many cases, such a unique set of conditions is one of the factors that enables a road segment to qualify for addition to the byway system. I. Virginia's litter control program The Department of Waste Management's litter control programs are funded by a special tax levied against businesses and industries. The program requires that at least 50 percent of these funds be channeled into annual grants to localities. The tax also provided funding to begin programs to educate society. Community litter programs with emphasis on changing individual habits locally are the key to permanent litter control. All sectors of the community are encouraged to participate by the diversi- fied leadership of the citizen litter control committee. These committees interact with schools, law enforcement, local media, businesses and non-profit organizations. It is also important to note that business and industry prefer to locate in areas that are clean, safe and healthy. Once a road is added to the Virginia Byway system, efforts of a local litter control committee could be directed at the scenic road. Their efforts, in cooperation with the Department of Transportation's maintenance program, could do much to help conserve the existing character of the road corridor. J. Abandoned or inoperative motor vehicle law In some localities, abandoned or inoperative motor vehicles constitute a distraction to the beauty of the area. From countryside to city, rusting and dismantled cars, trucks, motorcycles and trailers are public eyesores. Like other forms of litter, they take away from a locality's desirability for tourists and industry. In many cases, they become a potential health problem as well as a hazard, creating dangerous temptations for children and breeding grounds for rats and other vermin. Aban- doned vehicles frequently become a liability as well because, like a swimming pool or a discarded refrigerator, they are an "attractive nuisance." While some cities and counties have passed ordinances to deal with inoperative vehicles, many have not dealt with the somewhat controversial issue. Further complicating the matter is the question of how to get rid of abandoned or inoperative vehicles, satisfactory disposal may be difficult. 13 The Department of Waste Management, in cooperation with the Department of Motor Vehicles, has developed guidelines to aid localities for establishing new programs to deal with inoperative vehicles, as well as ideas to improve existing local programs. Two main legal tools exist: the aban- doned vehicle fund and the local license tax. Su.ce 1975, the state code (§46.2; 1200-1208) has made iocaiities eligible for reimbursement for every abandoned vehicle they, at their expense, relinquish to the demolisher. Program require- ments delineate procedures governing vehicles on public as well as private property. In 1985, the reimbursement was increased to $50 per vehicle. Since that time some localities have claimed several thousand dollars annually in bounties while improving the appearance of the countryside. The local license tax ordinance allows localities to impose a tax upon any automobile that does not display currently valid Virginia license plates. The majority of inoperative vehicles falls into this category. Enabling legislation, §15.1-27.1, allows the tax to be as much as $100 annually. However, the code exempts from any such tax cars which are held for fewer than 60 days or cars regularly stored within a structure. [Note: allowable tax has increased from $50 to $100.] The license tax can be a real incentive for inoperable vehicle owners to clean up their acts. While not providing any direct legal power in the removal of inoperable vehicles, a license tax gives the locality the satisfaction of knowing the owners are paying for the privilege of keeping their inoperable vehicles in public view. 14 Vi. Examples of local land use Since the Virginia Byways program was established, local land use controls have been relied upon as the instruments best suited to conserve the qualities a road possesses to be designated as a component of the system. The next few paragraphs contain excerpts from Albemarle and Loudoun Counties' plans for scenic roads. Most of these regulations are framed in the counties' goals and objectives. A. Loudoun County A major goal, as set forth in Loudoun County's rural plan, proceed in spirit from the goals stated for agriculture in the Resource Management Plan (RMP). The initial objectives are: • To encourage farming practices that promote the conservation of agricultural resources, and avoid the pollution or degradation of surrounding communities. • Encourage land uses in rural Loudoun to be compatible with existing environmental resources, natural systems, and scenic and historic character. • Promote a transportation system which causes the least negative agricultural, community, environmental, fiscal and social impacts. In seeking these goals, the county should develop a range of optional programs that will en- hance the economic viability of agricultural operations in Loudoun County while maintaining the equity of farmland. Transportation goals A series of goals has been developed for Loudoun County's transportation system based on the principles embodied in the RMP. The following are major transportation goals: • Promotion of a transportation system which causes the least negative agricultural, community, environmental, fiscal and social impacts. • New transportation improvements should be designed to produce the least disruption of farms, existing communities, existing land uses, historical sites, buildings, and cemeteries, as well as important natural environmental and scenic features. • Where disturbance of existing trees or natural growth is unavoidable, the county and VDOT should work with the local community to develop a landscaping plan, and a public/private landscaping program to restore the road corridor to a visual equivalent of its former condition. Virginia Byway recommendations A Virginia Byway is defined as a road of high aesthetic or cultural value, and is designated by the Commonwealth Transportation Board and the Department of Conservation and Recreation. Protection of a byway corridor from obtrusive signage and unsightly development is encouraged. 15 The natural beauty of the road corridor should be maintained by land -use planning techniques such as easements, buffers, setbacks, sign regulations and zoning classifications. Virginia Byway designation does not legally preclude widening or other road improvements, and does not, in and of itself, restrict land uses. The designation simply recognizes and encourages the aesthetic value of the corridor as a tourist, cultural, scenic and recreational asset to Virginia and Loudoun County. Many roads in the rural areas of Loudoun County comply with the definition of a Virginia Byway. B. Albemarle County The next pages were extracted from the 1980 Albemarle County Zoning Ordinance, adopted December 1980. These regulations were reviewed in September 1987, with new regulations pro- posed for action in 1988. • No buildings or structures other than necessary accessory appurtenant fences and/or walls, except as hereafter provided in the case of certain signs, shall be constructed within any SA - [scenic area] highways overlay district. • No off-street parking or loading shall be allowed closer than 50 feet to the right-of-way line of a SA -highway, which is all or part of off-street parking facilities required or designed to accommodate more than two motor vehicles. • Area within any such district may be part of a lot and countable for purposes of area density and yard requirements unless otherwise prohibited by this ordinance. Exceptions, scenic area - highways For use where off-street parking facilities are required to accommodate more than two motor vehicles, the commission may reduce building setback to not less than 75 feet from the right-of-way of a designated scenic highway, provided that: • All parking facilities shall be located on the rear side of the structures or buildings for which such exception is sought and that such parking facilities will be screened from view of such scenic highway; • The structures or buildings for which such exception is sought would be visually compatible to such scenic highway by reason of appearance and/or visual screening; and • Proposals by the applicant are adequate to assure continued protection of the scenic quality. Sign regulations, SA -highways (general regulations) The location, configuration, design, materials and color of all signs and structures shall be encouraged to be in character with the historical and environmental setting of Albemarle County. 16 No sign should visually dominate the structure to which it is attached, and will be architectur- ally harmonious with the surrounding structures. Sign materials should be predominantly wood or utilize open lettering, and indirect lighting is encouraged. With the exception of temporary event, auction, trespass, political, sale or rental, signs proposed to be erected within 500 feet of and visible from any scenic highway will be reviewed as provided in this section. All signs subject to review under this section will be processed as follows: • The applicant will submit to the zoning administrator two copies of sign drawings at a scale not smaller than one inch equals two feet, • The zoning administrator will transmit one copy to the director of planning for review within three calendar days from the date of application for review, provided that nothing herein will be constructed to limit referral of any application to the commission when it is deemed to be in the public interest; • Any person aggrieved by any decision of the director of planning may demand a review of the signs by the commission by filing a written request with the planning department within 10 days of such decision. The commission may affirm, reverse or modify, in whole or in part, the planning director's decision. For purposes of this section, the term "person aggrieved" in- cludes the applicant, any adjacent landowner, and any public agency or officer thereof, • The board of supervisors reserves unto itself the right to review all decisions of the commission which, in its discretion, it deems necessary to a proper administration of this section. Notwithstanding provisions of section 30.5.6.2.1, the following types of signs, as further limited in section 30.5.7.2, will be permitted within 50 feet of the right-of-way of the scenic highway but not within the required front yard as regulated for the underlying district: auction business wall directional locational political sale or rent subdivision temporary event trespass Regulation of number, height, area, types of signs The following regulations are in addition to section 4.15.3 generally and further limit regula- tions contained in sections 4.15.3.6 and 4.15.3.7, specifically: • The aggregate sign areas allowed for free-standing business, projecting business, business wall, locational and directional signs will be reduced by one-half within SA -highway districts. 17 • Free-standing and projecting business signs will be limited to 10 feet in height above grade, 18 square feet per single sign face, and to one sign per separate highway frontage. • Business wall signs will be limited to 20 feet in height above grade, 35 square feet per single sign face, and to one sign per separate highway frontage. • Business roof signs will not be permitted within SA -highway districts. • Locational signs shall be limited to 10 feet in height above grade, six square feet per single sign face, and two signs per establishment. Loudoun County and Albemarle County have totally different approaches toward the conserva- tion of their unique scenic and historic resources, including local scenic roads. However, these localities, as well as many others, have recognized the value of their unique resources. They have taken steps to ensure their scenic road corridors are developed in ways that don't adversely impact those qualities important to the preservation of the Virginia Byway corridors. 18 VII. Conclusions The Commonwealth of Virginia has many miles of roads that traverse areas of exceptional I and outstanding interest. These roads should be brought together in a special Scenic Highway and Virginia Byway system to give official recognition to their unique qualities and, at the same time, encourage local governments to utilize land use measures that conserve these resources for the enjoyment of future generations. The statutes, regulations and programs discussed earlier in this report are some of the tools at the disposal of local governments to meet this goal. The steps neces- sary at the local level can be as varied as are the communities throughout the commonwealth. The full potential of Virginia's Scenic Highways and Virginia Byways network can be realized only if people take these necessary steps to strengthen local land use controls and begin to clean up undesir- able elements along Virginia's scenic roads. 19 VIII. List of programs and agencies identified in this report • Junkyard Law and the Outdoor Advertising Law: Department of Transportation, 1401 E. Broad Street; Attn: Environmental Engineer, Richmond, VA 23219. • Agricultural and Forestal District Act: Department of Agricultural and Consumer Services, 1100 Bank Street, Richmond, VA 23219. • Virginia Outdoors Foundation: 203 Governor Street, Suite 302, Richmond, VA 23219. • Department of Conservation and Recreation: 203 Governor Street, Suite 302, Richmond, VA 23219: Division of Natural Heritage Division of Planning and Recreation Resources • Virginia's Litter Control Program: Department of Waste Management, Division of Litter Control and Recycling; 101 North 14th Street, Monroe Building, Richmond, VA 23219. • Abandoned and Inoperative Motor Vehicles Laws: Department of Motor Vehicles, P.O. Box 27412, Richmond, VA 23269-0001. Land Use Taxation Act: Department of Taxation, 2220 West Broad Street, Richmond, VA 23282. • Department of Historic Resources: 201 Governor Street, Richmond, VA 23219. Kc Appendix I - HISTORY Widespread interest in scenic roads developed in the early 1960s. Much of this interest was generated by the federal Outdoor Recreation Resource Review Commission's (ORRRC) proposal for a nationwide system of state and national parkways, and specially designed and constructed scenic highways. In 1964, prompted by the national ORRRC deliberations, Virginia formed the Virginia Outdoor Recreation Study Commission to identify recreation issues important to Virginia, and make appro- priate recommendations to the General Assembly. The commission contacted many influential business and community leaders from across the state about numerous issues related to outdoor recreation, including scenic roads. Many of the local leaders thought the scenic roads concept was a good one. They felt driving for pleasure was a viable form of outdoor recreation and that substantial local benefits could be derived by affected localities if scenic road corridors could be identified and promoted. By December 1964, the commission had received dozens of recommendations identifying potential scenic road corridors. In 1965, the commission completed its deliberations and published Virginia's Common Wealth, a report outlining present and future demands for recreation within the commonwealth. The study made a number of recommendations to benefit outdoor recreation in Virginia, including establishment of the Virginia Outdoors Plan. This would be a long-range plan of actions related to the state's outdoor recreation resources. The report also recommended the estab- lishment of a state scenic roads network. In 1966, the General Assembly passed a number of pieces of legislation of which the Scenic Highway and Virginia Byway Act was a part based upon the recommendations found in Virginia's Common Wealth. The General Assembly defined the two categories of scenic roads to be used: Virginia Byways and Scenic Highways (see legislative definitions on pages 3 and 4). Unlike the proposed federal scenic roads system, the state's Scenic Highways and Virginia Byways legislation imposed no restrictions upon existing land use. The original legislation required prior approval from the affected local governing body(ies) before designation could take place. Subsequently, the "prior approval of the local governing body(ies)" phrase was removed by the General Assembly. However, evaluation criteria and procedures adopted by the Department of Conservation and Recreation (DCR) and the Commonwealth Transportation Board in 1973, recog- nized the importance of local initiative and local input to the designation process. In 1967, the proposed scenic road network was evaluated by a number of transportation depart- ment officials, and state and regional planners. By the time the 1970 Virginia Outdoors Plan was published, the proposed Virginia Byway system has been refined to include more than 1600 of the more than 50,000 miles of existing state roads. In 1973, the first designation was in Fairfax County, when the board of supervisors requested that a historic and scenic segment of Route 193 become a Virginia Byway. Since then more than 800 miles have been added to the system. (See attached Appendix 3.) 21 Appendix 2 Distribution of Scenic Highways and Virginia Byways (October 1992) Appendix 3 Summary of Virginia Byways (September 1992) Date of designation &= County Length (miles) June 20, 1974 193 Fairfax 12 August 21, 1975 5 City of Richmond, 54 Henrico, Charles City, James City Counties, City of Williamsburg August 19, 1976 20 Albemarle 17 August 19, 1976 6 Albemarle, Nelson 35 August 19, 1976 151 Nelson 16 August 19, 1976 56 Nelson 18 January 27, 1977 39 Rockbridge 20 July 14, 1977 723 Frederick, Clarke 10 October 27, 1977 39 Rockbridge, Bath 36 June 21, 1979 623 Tazewell 10 December 17, 1982 250 Albemarle, Nelson 17 September 15, 1983 802 Fauquier, Culpeper 25 245 626 May 15, 1986 785 Montgomery, Roanoke 18 January 15, 1987 6 Fluvanna, Goochland, Henrico 60 650 January 15, 1987 130 Amherst, Rockbridge 32 July 16, 1987 601 Albemarle, Orange 14 614 676 November 19, 1987 20 Albemarle, Orange 36 22 231 23 ¢. - May 19, 1988 15 665 662 690 734 719 704 August 18, 1988 231 July 20, 1989 659 February 15, 1990 617 673 711 May 17, 1990 624 651 633 620 652 655 628 622 627 608 612 626 255 May 17, 1990 606 628 647 December 20, 1990 42 43 159 311 615 616 621 September 23, 1991 667 727 625 666 July 16, 1992 717 52 617 September 9, 1992 43 County Loudoun County Orange, Madison, Rappahannock 39 Halifax County 16 Chesterfield, Powhatan, 25 City of Richmond Clarice 37.5 Rappahannock 11 Alleghany, Botetourt, Craig, Giles, 172 Roanoke Counties Tazewell 12 Wythe, Bland 22.5 Bedford, Campbell 41 Total 877 24 Appendix 4 Moved by Mr. Smalley, seconded by Dr. Thomas that WHEREAS, Section 33.1-62 == of the Code of Virginia giants to the Commonwealth of Virginia Transportation Board (formerly the State Highway and Transportation Commission) the authority to designate any highway in the commonwealth as a scenic highway or as a Virginia Byway; and, WHEREAS, the Commonwealth Transportation Commissioner, on behalf of the Common- wealth Transportation Board, has entered into an agreement with the Virginia Department of Conser- vation and Recreation setting forth criteria and procedures for reviewing and designating scenic highways and Virginia Byways; and, WHEREAS, although it is important to maintain the integrity of these highways as scenic highways or Virginia Byways once designated as such by the Board, it is the sense of this Board that such designation should not limit the Virginia Department of Transportation from exercising its general power and duties to locate, construct, improve, and maintain all highways in the common- wealth; NOW, THEREFORE, BE IT RESOLVED, that the designation of highways as scenic highways or Virginia Byways shall in no way limit the right of the Virginia Department of Transportation to exercise all of its power and duties in locating, constructing, improving, and maintaining highways in the commonwealth. Motion: Canned Date: 5-19-88 25 ,_11� UNITED ROOFING / CONTRACTORS INC. T. 2 BOX 72 nAIDOLETOUIN, VA. 22645 703/869-2999 Mr. J. Robert Hicks, Director Virginia Department of Conservation and Recreation 203 Governor St. Richmond, Va. 23219 Dear Mr. Hicks, May 3, 1994 As a citizen, business owner and resident of Warren County, I request that the road referred to as Route 55 be surveyed for designation as a Virginia Byway pursuant to the code of Virginia under §33.62, under Byways designation criteria and procedures. This request is made in an attempt to preserve the scenic value and open a discussion process about the course of Heritage Tourism in our valley. The region is growing in national significance as the Battlefield Bill gets closer to a decision. I wish also to try to insure that the rich experiences this region has provided to previous generations and our own, is here for our children's children to enjoy. The current ongoing DHR architectural survey is unveiling the local community's long colorful history. No doubt during this requested designation process, there may be additional significant structures and resources discovered and located throughout this region along with educational resources, revealed via field explorations, that could be preserved for future study and enjoyment. The Civil War and pre -revolutionary history of the region is also worthy of mention. For these reasons, and countless significant others, this request is made to initiate the coordinated review process by the Department of Conservation and Recreation and the DOT. Sincerely, -�, C� .� Mark L. D'Arezzo President UNITED ENTERPRISES INC. UNITED CONTRACTING INC. RAY D. PETHTEL COMMISSIONER COMMONWEALTH of VIR QINJA Mr. John R. Kapp Mayor, Town of Haymarket P. 0. BOX 87 Haymarket, Virginia 22069 Dear Mr. Kapp: DEPARTMENT OF TRANSPORTATION 1401 EAST BROAD STREET RICHMOND, 23219 June 24, 1993 EARL T. ROBS ENVIRONMENTAL ENGINEER Virginia Byway Proposed Designation Route 55 - Prince William County rFi�+ T-h�nk.youu for your letter about Route 55 in Prince William County and its designation as a Virginia Byway. As you pointed out, Mrs. Sarah Turner has requested that this route be considered, and you support this action. I will make arrangements for an evaluation, team, which will include representatives frau the Virginia Department of Transportation and the Department of Conservation and Recreation, to review Route 55 in Prince William County in the next 30 to 45 days. )The data that you supplied will be given consideration during this review. By copy of this letter to Mr. Derral Janes, Department of Conservation and Recreation, I am requesting that he coordinate with the localities regarding zoning and comprehensive planning along Route 55. You wi11 be notified prior to the team making its evaluation. Your concern and encouragement for this designation is appreciated. Sincerely, 4Enr tal Engineer cc: Mr. Derral Jones TRANSPORTATION FOR THE 21 ST CENTURY COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION 3975 FAIR RIDGE DRIVE RAY D. PETHTEL FAIRFAX. VA 22033 COMMISSIONER (703) 934-7300 April 1, 1994 Mr. Earl T. Robb Environmental Division Engineer Virginia Department of Transportation 1401 E. Broad Street Richmond, Virginia 23219 RE: Virginia Byway Route Evaluation of Route 55 Dear Mr. Robb: APR 5 1994 THOMAS F. FARLEY DISTRICT ADMINISTRATOR On March 28 a field evaluation was conducted on Route 55 (John Marshall Highway) to evaluate the Virginia Byway criteria and determine if Route 55 should be recommended for Virginia Byway status. The corridor passes through five counties and each county was evaluated separately. Specific evaluations of each county allowed for a thorough and detailed report of approximately 64.21 miles of the Route 55 corridor. In the evaluation of Route 55, we measured the actual mileage of Interstate I-66 which parallels Route 55. Approximately 3.5 miles of the Route 55 corridor parallels Interstate 66. In these areas, Interstate 66 detracts from the scenic integrity of the Route 55 corridor. The Route 55 corridor in Prince William County, between Route 15 (James Madison Highway) and Route 29 (Lee Highway), approximately 2.32 miles in length, does not meet Byway criteria because extensive industrial growth detracts from the scenic qualities of the corridor. Excluding these 5.82 miles for the reasons identified, the remaining 58.39 miles appear to meet the criteria for Virginia Byway status. We recommend that these areas be given consideration for designation as a Virginia Byway. TRANSPORTATION FOR THE 21ST CENTURY Mr. Earl T. Robb April 1, 1994 Page 2 Enclosed are the evaluation reports with our findings, and an enlarged Virginia state map color coded indicating each county. We appreciate the opportunity to participate in this evaluation. If you require any additional assistance or information please contact me at (703) 934-0585. Sincerely, D. F. Snead, Sr. Transportation Roadside Development Agent DFS/wk Enclosures cc: J. A. Sorenson J. R. Cromwell J. C. Muse Corridor H Aiternamfes A Movement of Citizens February o 1, 1994 Virginia Dept of Conservation & Recreation W. Jay Robert Hicks / T 203 Govemor Street R.icbmond, VA 23219 - : -- --_-- --_-- + Dear Director Hicks,- - . - - — --- - --' Pursuant to the code of N-irginia under §33.62, under -the B va .-- � Ys designation criteria and p, ocedures, and as a citizen and resident of Shenandoah C,)unty, I request that the road referred to as Route 55 be surveyed for designation as a Virginia Byway. This request is made in an attempt to preser: a the integrity of the scenic value and open a discussion process abota the course of Heritage Tourism in our valley. The region is grow;ng in national significance as the Battlefield Bill gets closer to a decision- I wish also to try to insure that the rich experiences this region has provided to previous generations and our own, is here for our children's children to enjoy. The current ongoing DHR architectural survey is unveiling the local community's long colorful history. No doubt during this requested designation process, there may be additional significant structures and resources discovered and located throughout this region. Many property owners adjacent to the proposed byway have expressed to me an interest in, and willingness to provide scenic easements on their Property to share with others the scenic beauty they have long enjoyed. RegionalOfftces Therefore, I would like to invite the Division of Conservation and rutern West Virginia ecreation to provide information on scenic easements to these interested P.O. Box +63 persons. There have also been several persons who have expressed an WarrfenSWIC. Alv, 36851 30-687;-3887 interest in open space easements, and their names also will be provided when Central iM esc Virginia needed. P.O. Box 11 l erens. %%Y26776 30+-63&452 I was recently surprised to learn the Route 55 area is favored for geological North= West Virginia studies by several prominent universities for the abundant unusual and even RV Rox 173 rare geological formations in the rock outcroppings athe road. X rcek WV 26743 PP > g lon X, , d8-5379 Apparently, the Route 55 road has long been used by professors to benefit vlrginia students of these universities. This deslaation would celebrate the regions Rc. 1. Box 319^'�. Lebanon Church. VA 22641,E -z 703-+65-5664 educational resources, revealed via field explorations, and would preserve them for fiiuu-e study and enjoyment The Civil War and pre -revolutionary history of the region is also worthy of mention. For these reasons, and countless significant others, this request is made to initiate the coordinated review process by the Department of Conservation and Recreation and the DoT. Are the members of the review team picked for each individual project, or are they the same persons for all projects to be jointly-viexved by the Division or C;on.. rvaLin and Rerreauon & DOT? I wouid like to itinow who the review team members will be from both of the Z agencies, as I have slides and additional information I would like to make available to them. I will look forward to an interesting dialogue as the process unfolds and am hopeful that initiating this pr-:.ess will co=ehensively identify the unequivocable me -its of this proposal. I consider myself very informed on this issue and humbly offer what resources I have to assist you in your pursuit of the facts. . ~ Thank you for your attention to this matter and with kind regards I am _ Most sincerely yours, Tony Coogan cc: The Honorable George F. Allen The Honorable Frank R Wolf The Honorable John Warner The Honorable Clinton Miller The Honorable Russell Potts, Jr. Dr. Daphyne Thomas, Staunton District Representative CTB Mr. David Edwards, Va. DHR Program Mgr. Survey & Registry T7. ri (7!:!tiit). Shenandoah County Administr=r •�u. If, _ - Suena L,,,u County Historical Society Mr. James C. Massey, Massey Maxwell Associates April 14, 1994 Virginia Conservation & Recreation Department Mr. J. Robert Hicks 203 Governor Street .richmond, VA 23219 Dear Sir: ale would like to have you come to our county and review our section of route 55 in Frederick County for designation as a scenic highway/byway. ge feel it is among the most attractive portion or scenic roads in the area. Let us know what we can do to help. We would be interested in discussing the oos-cibility of deeding viewshed or openspace easiments to make the proposed Corridor H improvements to existing roads more attracttive to the state. We would like someone to come and explain it to us. We hope we will hear from you soon. Please contact Ron smith 2368 ,iardensville Pike, Star Tannery VA 22654, Phone 703 465 91560. Sincerely yours, f C", ✓"F'�n LrlC