Loading...
HomeMy WebLinkAboutPC 11-17-04 Meeting AgendaAGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia November 17, 2004 7:00 P.M. CALL TO ORDER TAB 1) October 20, 2004 Minutes............................................................................................... (A) 2) Committee Reports.................................................................................................. (no tab) 3) Citizen Comments.................................................................................................... (no tab) PUBLIC MEETING 4) Master Development Plan #10-04 for Hilda Maye Meadows, submitted by Bowman Consulting, for 20 Single Family Small Lot Dwellings. The property is located on the north side of Apple Valley Road (Route 652), 0.25 miles west of Valley Pike (the Route 11 and Route 652 intersection), and is identified with Property Identification Number 63 -A -52A, in the Shawnee Magisterial District. Ms. Mills......................................................................................................................... (B) 5) Master Development Plan #12-04 for Easy Living Mobile Home Community, submitted by Valley Engineering -Surveying -Planning, for 41 Mobile Home Dwelling Units. The property is located on the west of Martinsburg Pike (Route 11), 600 feet north of Valley Pike (Route 11) and Old Charlestown. Road (Route 761), and is identified with Property Identification Numbers 44-1-C, 44-1-D and 44B -1-3A, in the Stonewall Magisterial District. Mr.Beniamino................................................................................................................. (C) DISCUSSION 6) Request for expansion of the Urban Development Area (UDA) to include 262.53 acres of land known as the Solenberger/Bridgeforth properties in the quadrant bound by Route 37 and Cedar Creek Grade (Route 622), and are identified with Property Identification Numbers 63-A-1, 63 -A -1A, 63 -A -1E, 63 -A -2D and 63 -A -2L. Mrs. Eddy........................................................................................................................ (D) 7) Discussion of possible changes to Section 165-48.7 Flex -Tech and Section 165-156 Definition of Flex -tech. Mr. Cheran...................................................................................................................... (E) 8) Discussion of Section 165-50 Q of the Frederick County Zoning Ordinance regarding public utility generating facilities in the RA (Rural Areas) Zoning District. Mr. Cheran...................................................................................................................... (F) 9) Other MEETING MINUTES OF THE I RED STUCK1T1- %-%j N i'V n7 AN-N-ING COMMISSION T7n T11"r1"Y1r l� l.V VL\1 1 iT A Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on October 20, 2004. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; Roger L. Thomas, Vice Chairman/ Opequon District; Greg L. Unger, Back Creek District; Pat Gochenour, Red Bud District; Marie F. Straub, Red Bud District; Robert A. Morris, Shawnee District; George J. Kriz, Gainesboro District; John H. Light, Stonewall District; Cordell Watt, Back Creek District; Richard C. Ours, Opequon District; William C. Rosenberry, Shawnee District; Charles E. Triplett, Gainesboro District; Gary Dove, Board of Supervisors' Liaison; and Lawrence R Ambrogi, Legal Counsel. STAFF PRESENT: Eric R Lawrence, Planning Director; Michael T. Ruddy, Deputy Planning Director; Mark R. Cheran, Zoning Administrator; David Beniamino, Planner; and Renee' S. Arlotta, Clerk. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MINUTES Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the minutes of September 15, 2004 were unanimously approved as presented. COMMITTEE REPORTS Comprehensive Plans & Programs Subcommittee (CPPS) —10/11/04 Mtg. Commissioner Light reported that the CPPS had further discussion on UDA expansion at the Solenburger Bridgeforth tract on Cedar Creek Grade. He said the CPPS also reviewed their direction on the Rural Areas Study. Commission Light added that the public comment sessions for the Rural Areas Study are scheduled to begin the last week of October. Fredrick County Planning Commission Page 1398 Draft Minutes of October 20, 2004 -2 - PUBLIC HEARING Conditional Use Permit 914-04 of Cingular Wireless/Shenandoah University for a telecommunications facility at 1122 Ralph Shockey Drive. This property, zoned HE (Higher Education) District, is identified with P.I.N. 64-A-110 in the Shawnee Magisterial District. Action — Recommended Approval with Conditions Commissioner Ours said that he would abstain from all discussion and voting on this conditional use permit, due to a possible conflict of interest. Zoning Administrator, Mark R. Cheran, reported no adverse comments from any of the reviewing agencies for this application. He stated that the proposed commercial telecommunications facility will be located in conjunction with a light pole at Shenandoah University's Shentel Stadium. Zoning Administrator Cheran stated that the applicant has provided an inventory of existing telecommunication facilities in the area and staff would concur that there are no existing facilities or appropriate structures available for collocation in this general area. He explained that the applicant intends to construct a 125 -foot monopole -type telecommunications facility on a 22 -acre site. Zoning Administrator Cheran read a list of recommended conditions, should the Commission find the use to be appropriate. Commissioner Morris inquired if recommended Condition 47, which limited lighting on the tower to 55 feet, would exclude any strobe or red lights required at the top of the tower. Administrator Cheran replied that the 55 feet refers to football field lighting which the applicant plans to replace. Commissioner Morris also inquired if the proposed tower location was within the IA (Interstate Area Overlay) District. Administrator Cheran replied that the location was not within the IA District. Commissioner Rosenberry asked if the staff was confident that lighting, or other concerns possibly raised by adjoining neighbors, could be addressed through the site plan. Administrator Cheran replied that football lighting can not be any higher than what already exists; he added that the zoning ordinance addresses safety lighting on telecommunications towers and strobe lights must be shielded from ground view. Mr. Karl Nelson, representing Cingular Wireless, addressed the two separate lighting issues. Mr. Nelson said that football lighting will be used in exactly the same way it is presently used. He said the FAA will determine from an airline safety perspective, if there needs to be lighting at the top of the facility; he explained that this lighting would come on at night and be visible to aircraft. Mr. Nelson said they have not yet received the FAA's determination on this matter. He said that a preliminary determination by his consultant indicates that no lighting will be required, but the FAA will have to make the final decision. Commissioner Morris asked the applicant about their study of other facilities to determine if collocation was available. Mr. Nelson replied that Cingular Wireless is not a tower company and is not in the business of building infrastructure. He said that it is cheaper and faster for his company to collocate on existing facilities. Mr. Nelson said that their engineers have determined, however, that there are no other existing facilities that will be able to meet their needs. Chairman DeHaven called for public comments, however, no one came forward to speak. Fredrick County Planning Commission Page 1399 Draft Minutes of October 20, 2004 -3 - Upon motion made by Commissioner Morris and seconded by Commissioner Kriz, BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit 414-04 of Cingular Wireless/ Shenandoah University for a telecommunications facility at 1122 Ralph Shockey Drive with the following conditions: 1. All Frederick County Zoning Ordinance requirements and review agency comments shall be addressed and complied with at all times. 2. The tower shall be available for collocating personal wireless services providers. 3. A minor site plan shall be approved by Frederick County. 4. The tower shall be removed by the applicant or property owner within 12 months of abandonment of operation. 5. In the event a telecommunications tower is not erected within 12 months of the approval of this conditional use permit, this conditional use permit will be deemed to be invalid. 6. A certified Virginia engineer shall provide verification that the tower is designed and will be constructed in a manner that should the tower collapse for any reason, the collapsed tower will be contained in an area around the tower with a radius equal to or lesser than the setback, measured from the center line of the base of the tower. 7. Lighting located on the tower shall not be higher than 55 feet. (Please note: Commissioner Ours abstained from voting.) Conditional Use Permit #23-04 of Candy Hill Campground to expand their existing conditional use permit at 165 Ward Avenue. This property, zoned RA (Rural Areas) District, is identified with P.I.N.s 53 -A -86A and 53 -A -86B in the Back Creek Magisterial District. Action — Recommended Approval with Conditions Planner David Beniamino reported that this application is for a pavilion expansion inside a campground with a pre-existing conditional use permit (CUP 421-79). Planner Beniamino stated that the pavilion expansion totals 1,480 square feet (37 X 40) and will include two handicap -accessible restrooms, one handicap -accessible shower room, a kitchen with cooking equipment for the purpose of catering meals or events associated with campground guests, and extra pavilion open space. He added that no additional changes will be made involving the number of guests allowed under the original conditional use permit and no new campground pad sites will be added. Planner Beniamino next read a list of recommended conditions, should the Commission find the use to be appropriate. Fredrick County Planning Commission Page 1400 Draft Minutes of October 20, 2004 -4— A member of the Commission inquired if this expansion would bring the applicant into compliance with the ADA (Americans with Disabilities Act) and Planner Beniamino replied that the approved site plan would bring the applicant into compliance. A member of the Commission asked about the outside appearance of the proposed structure because a drawing was not included with the application. Mr. Karl Littman, representing the Candy Hill Campground, assured the Commission that the building would be in keeping with the color and style of the other buildings on site. Mr. Littman said that Candy Hill Campground is striving to improve the campground to make it upscale and professional; for example, he pointed out that the majority of the campground's interior roads are paved. He said they have received many positive comments about the campground from their guests; he said guests have also enjoyed touring the Winchester and Frederick County area. Mr. Littman added that the Winchester-Frederick County area has a lot to offer; he said that Candy Hill Campground is proud to be a member of the community and would like to support the businesses in the area. Commission members asked Mr. Littman if he was comfortable with the conditions of the permit recommended by the staff. Mr. Littman was comfortable with the conditions; however, he said that frequently, they have been asked by residents of the community if their group might be able to use the campground facilities for a meeting or they have been asked if a child's birthday party could be held at the campground. Mr. Littman said that it would be nice to be able to accommodate this type of request at the campground. Chairman DeHaven called for public comments and the following citizens came forward to speak in favor of granting this conditional use permit: Pastor Phil Roby, the Director of the Shenandoah Valley Gospel Sing Camp, stated that for the past eight years, his group has met at Candy Hill Campground for their annual camp meeting. Pastor Roby said they have approximately 300-400 guests, many from out of town. He explained that the new restrooms proposed as part of this conditional use permit will be a real help to them at their annual meeting because they usually have to bring in Johnny Blues. He said that many of the people who attend are senior adults and the handicap- accessible restrooms will make a big difference. He was very much in favor of this conditional use permit being approved. Mr. Dennis Bucher, the former owner of the Tortuga Restaurant, spoke favorably about the Littmans and their operation of the campground. Mr. Bucher said that he did a considerable amount ofwork with the Littmans while the Tortuga Restaurant was open. He said the Littmans have done a fantastic job with the campground and have increased the business. Mr. Bucher was in favor of granting the conditional use permit. Commission members agreed that Candy Hill Campground was an asset to the community. They could not foresee any problems with the campground providing outside use of their pavilion. Commission members believed there was a need for this type of facility in the community and it was their opinion that it would only enhance tourism in the area. The Planning Staff suggested that they work with the applicant on the minor site plan to address parking requirements for outside use of the pavilion. The subject of off-site catering was also raised by some members of the Commission and they commented that they had no problems with the applicant providing this service, if he desired to do so. Other members of the Commissioners had concerns about removing recommended Condition #3 (No off-site catering will be allowed in conjunction with this conditional use permit) because of the issues associated with it; they Fredrick County Planning Commission Page 1401 Draft Minutes of October 20, 2004 -5— believed this was a substantial chance to the concent of the conditional use _permit and would require an additional review by the Health Department. 1 Chairman DeHaven consulted with the Commission's legal counsel for a determination on whether re -advertisement would be required if recommended conditions #2 and 43 were removed. Mr. Lawrence Ambrogi, legal counsel, stated that he did not believe it was a substantial enough change to warrant re - advertisement. A motion was made by Commissioner Unger to strike recommended Condition 42 (Pavilion shall be used only in conjunction with campground activities and by campground guests) and to keep the remainder of the conditions recommended by the staff for approval of this conditional use permit. This motion was seconded by Commissioner Straub. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #23-04 of Candy Hill Campground for a pavilion expansion inside a campground with a pre-existing conditional use permit (CUP #21-79) at 165 Ward Avenue with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. No off-site catering will be allowed in conjunction with this conditional use permit. 3. A minor site plan will be submitted to show proposed improvements and must conform to agency comments; the minor site plan shall be approved by the County prior to any construction activity. 4. All conditions of Conditional Use Permit #21-79 shall continue to remain in effect. Please see attached conditions. 5. Any further expansion will require a new conditional use permit. Request of Roy and Loretta McDonald to remove a ten -acre portion of their property from the South Frederick Agricultural and Forestal District. This property is located on Hites Road (Rt. 625) and is identified with P.I.N. 84 -A -47B in the Back Creek Magisterial District. Action — Recommended Approval Planner David Berniamino stated that the staff has received a request from Roy and Loretta McDonald to remove a ten -acre portion their property from the South Frederick Agricultural and Forestal District. Planner Beniamino said that the McDonalds have indicated that these ten acres will be used to create two single- family residential lots. He said the McDonalds have expressed a need to sell a portion of their land for residential uses in order to continue farming the remainder of their property. Planner Beniamino reported that the Code of Virginia provides property owners with the ability to request removal of land from an agricultural and forestal district through a public process via the local governing body. Fredrick County Planning Commission Page 1402 Draft Minutes of October 20, 2004 am Planner Beniamino reported that the Agricultural District Advisory Committee (ADAC) considered this request during their meeting of June 3, 2004, and unanimously recommended approval of the property owners' request. He added that Mrs. Loretta McDonald was present, if there were any questions from the Commission. Chairman DeHaven called for public comment; however, no one came forward to speak. Upon motion made by Commissioner Light and seconded by Commissioner Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the request by Roy and Loretta McDonald to remove a ten -acre portion of Parcel 84 -A -47B, located on Hites Road (Rt. 625) from the South Frederick Agricultural and Forestal District. DISCUSSION DISCUSSION OF THE FREDERICK COUNTY ZONING ORDINANCE, SECTION 165-50, CONCERNING RADIO AND TELEVISION TOWERS IN THE RA (RURAL AREAS) DISTRICT. Zoning Administrator, Mark R Cheran, reported that the Development Review and Regulations Subcommittee (DRRS) discussed removing the by -right use for radio and television towers in the RA (Rural Areas) Zoning District at their meeting of September 23, 2004. Administrator Cheran stated that the Frederick County Zoning Ordinance currently allows radio and television towers in the RA Zoning District as a by -right use, but also enables commercial telecommunication towers by a conditional use permit. He said that the staff is recommending the removal of sub -section "P" from Section 165-50 Pernutted Uses, which would result in towers only being allowed with a conditional use permit. During their discussion of the proposed change, Commission members believed the ordinance should differentiate between commercial facilities and those structures used by ham radio operators and/or individual reception antennas. Commissioners who were members of the DRRS stated that the DRRS's discussion was based on continuity; they believed that if a commercial tower is regulated, then so should a private tower because both looked the same and the safety issues were the same. They believed that regardless if the tower was regulated or not, the setback from the property line should be equal to the height of the tower in order to acquire a building permit. Commission members also inquired whether the staff had an opportunity to have the Fire and Rescue Department comment. They stated that every fire department in the County has to have a tower and some of those towers can not meet the clearance of the height restrictions. Administrator Cheran replied that those particular fire departments would probably be exempt. Director Lawrence added that many times, the frequencies of the antennas being constructed are causing problems for the emergency services in the County. Director Lawrence stated that by requiring a conditional use permit, towers could not be erected without the Fire and Rescue Department participating in the exercise. Fredrick County Planning Commission Page 1403 Draft Minutes of October 20, 2004 -7 - Commission members also believed it may be prudent to communicate the proposed changes specifically to both the amateur radio people and the commercial television and radio community to get their feedback on this issue. OTHER SCHEDULE OF RURAL AREAS STUDY PUBLIC COMMENT SESSIONS Planning Director, Eric R Lawrence, read the list of dates for the upcoming Rural Areas Study Public Comment Sessions as follows: Tuesday, October 26, Armel Elementary School Thursday, October 28 Middletown Elementary School Tuesday, November 9, Stonewall Elementary School Monday, November 15, Frederick County Middle School Tuesday, November 16, Indian Hollow Elementary School ADJOURNMENT No further business remained to be discussed and the Planning Commission adjourned by a unanimous vote at 8:00 p.m. Respectfully submitted, Charles S. DeHaven, Jr., Chairman Eric R. Lawrence, Secretary Fredrick County Planning Commission Page 1404 Draft Minutes of October 20, 2004 i �7 • MASTER DEVELOPMENT PLAN (MDP) #10-04 HILDA MAYE MEADOWS Staff Report for the Planning Commission Prepared: November 2, 2004 Staff Contact: Candice E. Mills, Planner II This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist in the review of this application. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 11/17/04 Pending Board of Supervisors: 12/08/04 Pending LOCATION: This property is located on the north side of Route 652, 0.25 miles west of the Route ll and Route 652 intersection. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBERS: 63 -A -52A PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Use: Residential ZONING & PRESENT USE OF ADJOINING PROPERTIES: North Zoned: RA (Rural Areas) South Zoned: RA (Rural Areas) East Zoned: RA (Rural Areas) West Zoned: RA (Rural Areas) PROPOSED USE: 20 Single Family Small Lots Use: Residential Use: Residential Use: Residential Use: Residential MDP # 10-04, Hilda Maye Meadows November 2, 2004 Page 2 REVIEW EVALUATIONS: Virginia Department of Transportation: The Master Development Plan for this property appears to have an impact on Route 652, the VDOT facility which would provide access to the property. All VDOT comments have been addressed. Before making any final comments this office will require a complete set of site plans, drainage calculations and traffic flow data from the I.T.E. Trip Generation Manual Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off-site roadway improvements and drainage. Prior to construction on the State's right-of-way, the developer will need to apply to this office for issuance of appropriate permits to cover said work. Frederick County Fire Marshal: Plans approved as submitted. Frederick County Public Works: As stated in your notes, the entire subdivision shall drain through the stormwater management pond, unless a comprehensive study indicates no import shall occur on adjacent properties. A comprehensive review shall occur at the subdivision plan submission. Frederick County Inspections Department: Demolition permit is required to remove the existing structures on lot #2 and #3. No additional comment required at this time. Frederick County Sanitation Authority: 2nd review. Approved Department of GIS: Burlington Court has been accepted and is reserved in the Road Naming System. Frederick County Department of Parks & Recreation: Plan appears to meet recreational unit and open space requirements. However, from a recreational use perspective, the area offered as open space is less than desirable. Historic Resources Advisory Board: Upon review of the proposed rezoning, it appears that the proposal does not significantly impact historic properties and it is not necessary to schedule a formal review of the rezoning application by the HRAB. According to the Rural Landmarks Survey, there are no significant historic structures located on the properties nor are there any possible historic districts in the vicinity. It was noted that the National Park Service Study of Civil War Sites in the Shenandoah Valley identifies this property as being part of the core battlefield for the First and Second Battle of Kernstown; however, due to the abundance of commercial and residential development surrounding this area it has been classified as having lost its integrity. Winchester Regional Airport: The above referenced proposal has been reviewed and it appears that the proposed Master Development Plan should not have an impact on operations at the Winchester Regional Airport. MDP #10-04, Hilda Maye Meadows November 2, 2004 Page 3 Planning & Zoning: A) Master Development Plan Requirement A master development plan is required for most subdivisions and development of property in Frederick County. Before a master development plan can be approved, it must be reviewed by the Planning Commission, Board of Supervisors and all relevant review agencies. Approval may only be granted if the master development plan conforms to all requirements of the Frederick County Zoning and Subdivision Ordinances. The purpose of the master development plan is to promote orderly and planned development of property within Frederick County that suits the characteristics of the land, is harmonious with adjoining property and is in the best interest of the general public. B) Location This property is located on the north side of Route 652, 0.25 miles west of the Route I I and Route 652 intersection. C) Site History The original Frederick County zoning map (U.S.G.S. Winchester Quadrangle) identifies the subject parcels as being zoned R-2 (Residential Limited). The zoning changed to RP (Residential General) District on September 28, 1983 when the R1, R2, R3, and R6 zoning districts were reclassified. D) Intended Use 20 single family small lots including a community center to be built by the developer. E) Site Suitability & Project Scope Land Use Compatibility: The 4.67 -acre site is located adjacent to existing residential land uses in an area of Frederick County which is predominately residential in nature. To the north is Plainfield Heights subdivision, which consists of single family detached traditional dwellings. To the east is Cross Creek Village, which consists of single family small lot dwellings. To the south and west are older existing RP single family detached dwellings. Comprehensive Policy Plan: The proposed 4.67 -acre parcel is zoned RP (Residential Performance) and is within the UDA (Urban Development Area). The property is within the outer limits of the Southern Frederick Land Use Plan (SFLUP), which was initially adopted by the Board of Supervisors in 1999. The SFLUP shows this property as having an existing residential zoning and does not address any future land use changes for the subject parcel. The Comprehensive Policy Plan states that suburban residential development should occur within the UDA.. MDP #10-04, Hilda Maye Meadows November 2, 2004 Page 4 Environment: The subject site does not contain any known areas of environmental features. Environmental features include areas of floodplains, lakes or ponds, wetlands, natural waterways, riparian buffers, sinkholes, natural stormwater retention areas, and steep slopes. Transportation: Access to the site is proposed via an entrance on Apple Valley Road (Route 652) which is a minor collector road. As required for all minor collector roads, a minimum entrance separation of 70' is required for all new entrances [Section 165-29.A (4)]. Per VDOT requirements, a new right turn lane shall be provided for the proposed entrance. The entrance to the subdivision will be a public road with a cul-de-sac with a private road extending off of the public road; all roads within this subdivision will have curb, gutter and sidewalks. Landscaping, Buffers: The proposed preliminary master development plan shall provide a 25' residential separation buffer adjacent to the north, south and east property lines. These buffers are in addition to the landscaping requirements of the Frederick County Zoning Ordinance, both 165-36 and 165-27.E (11). Recreational Units: In accordance with §165-64A of the Frederick County Zoning Ordinance, housing types with lot sizes of less than 5,000 square feet must provide one recreational unit or equivalent recreational facilities for each 30 dwelling units. In addition, developments containing single-family small lot housing must provide a community center that provides for the equivalent of three age-appropriate recreational units for each 30 dwellings. Hilda Maye Meadows is a proposed single family small lot development and therefore is required to construct a community center as well as one additional recreational unit. The applicant is proposing a community center on the site as well as a picnic shelter, trail and tot lot. STAFF CONCLUSIONS FOR 11/14/04 PLANNING COMMISSION MEETING: This preliminary master development plan proposes up to 20 single family small lots including a community center on approximately 4.67 acres of land zoned RP (Residential Performance) District. All of the issues identified by staff, review agencies, as well as those issues brought forth by the Planning Commission, should be appropriately addressed prior to a recommendation to the Board of Supervisors. Following the Planning Commission discussion, it would be appropriate to forward a recommendation to the Board of Supervisors regarding this MDP's conformance with County codes and review agency comments. All issues and concerns raised by the Planning Commission will be forwarded to the Board of Supervisors for their consideration. MDP # 12 - 04 - Hilda Maye Meadows (63 - A - 52A) � o so IN zoo wo Feat SSA r , } y� •_ rm f I•�.�' .� < ,,Y ..� . - � Mai - �x F- • :10--« � - .. , . d... , mac`,". . •'� ,x ",.�w� j �� - �+�o�. � ' F� dome or iam k -v � •�. �`4� h If ,yt..zi ar r w x Frederick County, Virginia Master Development Plan Application Package -:w APPLICATION MASTER DEVELOPMENT PLAN Department of Planning and Development Use Only. Date a lication received 14 7bo A lication # Pp i- --pP Complete. Date of acceptance. Incomplete. Date of return. 1. Project Title: 2. Owner's Name: (Please list the names of all owners or parties in interest) 3. Applicant: Yi'A&V 4�e Address: l6'a brNe W ine1%estet VQ XQ603 Phone Number: (,540) `u-4- Bom 4. Design Company: 90KI14 -4 6PAlf4, r4 Address: la4 Eos -t Cork 'S*ree-i Winchester_ VA a'A601 Phone Number: (5 'AD) I*za - x343 Contact Name: -boV;A Frank Page 11 Frederick County, Virginia Master Development Plan Application Packa e APPLICATION cont'd MASTER (DEVELOPMENT PLAN 5. Location of Property: doerd `flx OF �r �S� 6. Total Acreage: 47 (0-7 7. Property Information: a) Property Identification Number (PIN): b) Current Zoning: c) Present Use: d) Proposed Uses: e) Adjoining Property Information: Property Identification Numbers North See of fc A,--cL South 5 e Q*f Mbe j East e CF "VA West set ai-%Cjgj fl Magisterial District: �A 52A i�Ps �o�NTigL'- 8. Is this an original or amended Master Development Plan? Original X Amended T Property Uses AF91ONY-/4G ,t010f IM44 L eeFJlh wy T'IAG S3�a�rN�� I have read the material included in this package and understand what is required by the Frederick County Department of Planning and Development. I also understand that the master development plan shall include all contiguous land under single or common ownership. All required material will be complete prior to the submission of my master development plan application. Signature: Date: Page 12 HILDA MAYE MEADOWS BCG PROJECT#:2764-01-001 PIN NUMBERS FOR ADJACENT PROPERTY OWNERS: West 63-A-40 63-A-44 63-A-45 South 63-A-46 63-A-47 63 -A -46A 63-A-48 63-A-49 63-A-50 63-A-51 East 63-A-53 63 -A -53A North 63B-1-5 63B-1-6 63B-1-7 63B-1-8 63B-1-9 MASTER DEVELOPMENT PLAN #12-04 EASY LIVING MOBILE HOME COMMUNITY Staff Report for the Planning Commission Public Meeting Prepared: November 1, 2004 Staff Contact: David M. Beniamino — Planner I This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist in the review of this application. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 11/17/04 Pending Board of Supervisors: 12/08/04 Pending LOCATION: This property is located west of Martinsburg Pike (Route 11), 600 feet north of the intersection of Martinsburg Pike (Route 11) and Old Charles Town Rd (Route 761). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 44-1-C, 44-1-D1, 44B -1-3A PROPERTY ZONING & PRESENT USE: Zoned: MH 1 (Mobile Home Community) RA (Rural Areas) Use: Mobile Homes Vacant ZONING & PRESENT USE OF ADJOINING PROPERTIES: North Zoned: M1 (Light Industrial) Use: Single Family Residential South Zoned: RA (Rural Areas) M1 (Light Industrial) East Zoned: RA (Rural Areas) West Zoned: M1 (Light Industrial) PROPOSED USE: 41 Mobile Home Dwelling Units. Use: Agriculture Factory Use: Single Family Residential Use: Mobile Homes/Railroad MDP #12-04, Easy Living Mobile Home Community November 1, 2004 Page 2 REVIEW EVALUATIONS: Virizinia Department of Transportation: The Master Development Plan for this property appears to have some measurable impact on Route 11, the VDOT facility which would provide access to the property. This Master Development Plan is acceptable. Before making any final comments this office will require a complete set of site plans, drainage calculations and traffic flow data from the I.T.E. Trip Generation Manual Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off-site roadway improvements and drainage. Prior to construction on the State's right-of-way, the developer will need to apply to this office for issuance of appropriate permits to cover said work. Per a conversation with Lloyd Ingram from the Virginia Department of Transportation on 10129104, the applicant will be expected to address issues raised by VDOT during site plan evaluation. Frederick County Fire Marshal: Street signs shall comply with local Public Works standards. Municipal water supplies for firefighting shall comply with Frederick County Code section 90-4, fire hydrants shall be within 400 feet of all dwelling units as measured by centerline of the roadway surface. The private roadway and cul-de-sac widths may inhibit access of emergency vehicles and no on -street parking should be permitted. Fire Lane No Parking within 20 feet. Signs should be provided at each fire hydrant. Plan approval recommended. Frederick County Public Works: As stated in your notes, the entire subdivision shall drain through the stormwater management pond, unless a comprehensive study indicates no impact shall occur on adjacent properties. A comprehensive review shall occur at the subdivision plan submission. Frederick County Sanitation Authority: I" review— approved. Frederick County Inspections Department: Manufactured Housing units shall comply with The Virginia Uniform Statewide Building Code, section 310, Use Group R (Residential) of the BOCA National Building Code/1996 and the Virginia Board of Housing and Community Development Manufactured Home Safety Regulations. Please submit engineer design information and calculations on Forced Main pump (HP, GPM, Model, etc.) Frederick Coun -Winchester Health Department: Health Department has no objection as long as public water and sewer are provided. Department of Geographic Information Systems: The following road names have been approved and reserved for use in the Frederick County Road Naming System: Edwin Way, Jake MDP #12-04, Easy Living Mobile Home Community November 1, 2004 Page 3 Place, CeCe Way, Sheila Court, Diane Lane, Betty Turner Trail, Easy Living Street, Jenkins Loop, and Paula Place. Preliminary numbering has been assigned. Frederick County Department of Parks & Recreation: Plan appears to meet open space and recreational unit requirements. However, detailed information is needed prior to approval of the proposed shelter. Also, staff recommends the walking trail be a minimum of eight feet in width, meeting this department's minimum standards for hard surface trails. Frederick County Public Schools: Based on the information provided, it is anticipated that the proposed 41 single family homes will yield seven high school students, six middle school students and 16 elementary school students for a total of 29 new students upon build -out. This does not take into consideration any age restricted units since the application did not provide any specific number for those units. Significant residential growth in Frederick County has resulted in the schools serving this area to have student enrollments nearing or exceeding the practical capacity for a school. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new school facilities to accommodate increased student enrollments. The impact of this rezoning on current and future school needs should be considered during the approval process. Planning & Zoning: A) Master Development Plan Requirement A master development plan is required for prior to development of this property. Before a master development plan can be approved, it must be reviewed by the Planning Commission, Board of Supervisors and all relevant review agencies. Approval may only be granted if the master development plan conforms to all requirements of the Frederick County Zoning and Subdivision Ordinances. The purpose of the master development plan is to promote orderly and planned development of property within Frederick County that suits the characteristics of the land, is harmonious with adjoining property and is in the best interest of the general public. B) Location This property is located west of Martinsburg Pike (Route 11), 600 feet north of the intersection of Martinsburg Pike (Route 11) and Old Charles Town Rd (Route 761). C) Site History The original Frederick County zoning map (U.S.G.S. Stephenson Quadrangle) identifies the subject parcels as being zoned MH I. Thus, these properties pre -dated zoning districts and have always been zoned MHL The Easy Living land currently contains 102 units. As proposed, the applicant intends to create 41 additional mobile home sites. The applicant has submitted this MDP as a means of facilitation of this expansion. MDP #12-04, Easy Living Mobile Home Community November 1, 2004 Page 4 D) Intended Use 41 single family mobile home units. E) Site Suitability & Project Scope Land Use Compatibility: The 11.642 acre sites are located adjacent to existing single family residential, mobile home community land uses. Comprehensive Policy Plan: The site of Easy Living Mobile Home Community is within the study limits of the Northeast Land Use Plan found in the 2003 Comprehensive Policy Plan. The Comprehensive Plan identifies these properties as being zoned MH1 and calls for no change to the current zoning in the area. The site is within the limits of the sewer and water service area. Historic Resources: The Frederick County Rural Landmarks Survey does not identify any potentially significant historic resources on the site of the proposed master development plan. Furthermore, according to the National Park Service's Study of Civil War Sites in the Shenandoah Valley of Virginia, the subject site is not included in any battlefield study area and does not contain any core battlefield resources. Environment: There is an intermittent stream located on site which the applicant plans to relocate. Appropriate permits will be issued prior to any wetland disturbance on this property. Excluding this stream, the subject site does not contain any known areas of environmental features. Environmental features include areas of floodplains, lakes or ponds, wetlands, natural waterways, riparian buffers, sinkholes, natural stormwater retention areas, and steep slopes. Transportation: Access to the site is proposed via an entrance off of Martinsburg Pike (Route 11). Martinsburg Pike is a major collector road and is planned for future improvement. [2003 Comprehensive Policy Plan, page 7-6]. An existing three lane entrance off of Martinsburg Pike currently provides access to the development. The applicant proposes to make improvements to the entrance amounting to a 150' right turn lane and installation of a stop sign, per VDOT request. Specific improvements to Martinsburg Pike will be identified during Site Plan review. Existing mobile home communities may expand existing private streets only if approved by the Planning Commission and in accordance with the design standards of Section 165- 81 C (2) a and b. The decision whether or not the private streets will be permitted to MDP #12-04, Easy Living Mobile Home Community November 1, 2004 Page 5 expand is therefore a decision of the Planning Commission. In addition, it would be appropriate that the existing private roads leading into this proposed development be repaired in order to provide adequate access for all residents of the mobile home community. Landscaping, Buffers & Trails: This proposed preliminary master development plan provides an existing Category B full screen (50' woodland strip) along the northern property lines in order to screen this use from the property located to the north zoned M1 (Light Industrial) . However, staff has concluded that the existing woodlands do not meet the Category B requirements laid out in section 165.37 of the Frederick County Zoning Ordinance. Therefore, the applicant will be required to implement the necessary plantings and screening associated with the full screen provision. STAFF CONCLUSIONS FOR 11/17/04 PLANNING COMMISSION MEETING: This preliminary master development plan proposes to expand the existing mobile home community by up to 41 mobile homes on approximately 11.642 acres of land zoned MHl (Mobile Home Community) District. Prior to administrative approval it will be necessary for the applicant to provide an acceptable Category B buffer along the northern property line. In addition, the Planning Commission should render a decision regarding the expansion of private streets within this Mobile Home Community. All of the issues identified by staff, review agencies, as well as those issues brought forth by the Planning Commission, should be appropriately addressed prior to a recommendation to the Board of Supervisors. Following the Planning Commission discussion, it would be appropriate to forward a recommendation to the Board of Supervisors regarding this MDP conformance with County codes and review agency comments. All issues and concerns raised by the Planning Commission will be forwarded to the Board of Supervisors for their consideration. 44 A 75 44 1 D PAYNE, 0. L. & RUTH B. 44 A 72 44 1 D2 44 A 73 44 PAYNE e—�� 44 f 44 1 1 LIVING 44 1 A 44 A 74 SSOCIATES 4 A 4 A 43 A 83 BUCKLEY u QQ� { : Q 44' ; A 57 LAGES INC 44 1 C r EASY LIVING ASSOCIATES 44B 1 12B 44B 1 6 QQ6 EASY LIVING ASSOCIATES A,, 11 N. 44.. A 55 1 44 A 5 9 44 A 53 44 A 52 44 A 5 �; 8 A SHIRLEY� 44 1 B SO _ HOLLER 446 1 4 44 A 54 EASY LIVINGQQ 44 A 50 44 51 44 A 6A A 6 44 �' A ,. n / q 44 Shirley QQ� S1�/ 2 ` / QQ 159 44 A 46 QB 44 A 41 4 QQ � Qj MDP# 12 - 04 - Easy Living Mobile Home Community N {'44-1-C 44-1-D ( 1, 4413-1-3A)w E 0 300 Goo 1,200 1,80o S Feet 43 A 83 BUCKLEY LAGES, INC M2 V A 6 /44 A 6A p M2 44B 1 6 EASY LIVING ASSOCIATES 44B J �®meq \ g 44 A 53 44 A 5 Irv� 4 44 A 52 SHIRLEY 44 1 B > ,r A 50 a HOLLER t,a r a /44B 1 4 EAS � 51 Y LIVING/ �'+w, 44 `A� 46 Ir �8 4 MDP# 12 - 04 - Easy Living Mobile Home Community N (44-1-C, 44-1-D1, 4413-1-3A) w E .00 800 1,200 1,800 S Feet 44 A 54 _,j A A - w 1' ....,, "pox, ., z- all + gg '7yp .rIA fi� :r 1 v! �i r 1 � :�' � �+,� r•'. ..:. •., - - 7� _ s "'#fir y�'`" I f + I(1j moi. S' J :y, M to .• ," + p - ` ii"' it. Of, _ �LL'� � � it i"'+v k a• /., '� /� { f k � rte- w Frederick County, Virginia 1. Project Title: 2. Owner's Name: 3. Applicant: Address: Phone Number: 1NTU013A3a I WHI N1 AiNf100 )IDIU Ni Master L 74 10A. Ye APPLICATION _v MASTER DEVELOPMENT PLAN Easy Living Mobile Home Community Easy Living Associates (Please list the names of all owners or parties in intrest) Easy Living Associates c/o J. H. Yost III 2489-3 Martinsburg Pike, Stephenson VA 22656 540-665-2826 4. Design Company: Valley Engineering -Surveying -Planning Address: 3231 Peoples Drive Harrisonburg VA 22801 Phone Number: 540-434-6365 Contact Name: Ray Nicely Page 11 AUG l 7 MG1- inia Master Development PI n A plication Packa e FREDERICK COUNTY APPLICATION cont PLANNING & DEVELQpMENT 'd MASTER DEVELOPMENT PLAN 5. Location of Property: west of Martinsburg Pike (U.S. Rt. 11 ) 600 feet North of Rt. 11 and Rt. 761 in Stonewall District 6. Total Acreage: 7. Property Information: 44-1-C, 44-1-D & 44B -1-3A a) Property Identification Number (PIN): b) Current Zoning: MH -1, Mh-1 & RA c) Present Use: MH -Rt --c;; c1(-nt; al & varant— d) Proposed Uses: ,MH Residential / Railroad e) Adjoining Property Information: Property Identification Numbers Property Uses North 44-1-D Rural Residential South 44-A-5, 44 & 45 Commercial/Agriculture East 44B-1-1, 2, 4, 6 & 8 Residential/vacant West 44-1-D MH Residential/Railroad f) Magisterial District: Stonewall 8. Is this an original or amended Master Development Plan? Original x Amended I have read the material included in this package and understand what is required by the Frederick County Department of Planning and Development. I also understand that the master development plan shall include all contiguous land under single or common ownership. All required material will be complete prior to the submission of my master development plan application. Signature: Date:' Page 12 Adjoining Property Owners Rezoning Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2ndfloor loor of the Frederick County Administrative Building, 107 North Kent Street. Name and Property Identification Number I Address Name Charles Edward & Evelyn D. ShirleyStephenson 2455 Martinsburg Pike VA 22656 Property # 44B - 1 - 1 Name C. Edward ShirleySAME Property # 44 - p - 46 Name C. Edward & Allen L. SAME Property # 44 - A - 5 Name C. E. & Evelyn Shirley SAME Pro ert# Name C. Edward & Evelyn D. Shirley SAME Property # 44 - A - 44 Name Lee C. & Frances Dee P.O. Box 238 Stephenson VA 22656 Property # 44 - 1 - B Name Beverly L. & Garland L. Cam bell Sr. 114 Winding Ridge Lane Winchester VA 22603 Pro ert# 44 - A - 47 Name Janney T. McKee c/o Melvin Moulden 932 Allen Drive Winchester VA 22601 Property # 44 - A - 48 Name O. L. & Ruth B. Payne P.O. Box 160 Stephenson VA 22656 Property # 44 - 1 - D Name Sharon M. 'Tharp 1855 Sensensy Road Winchester VA 22602 Property # 44 - A - 48A 15 AGK , CO 4 ti� Special Limited Power of Attorney County of Frederick, Virginia a Frederick Planning Web Site: www.co.frederick.va.us ,yG1A' 11J11 Department of Planning & Development, County of Frederick, Virginia, 107 North Tient Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By Those Present: That I (We) (Name) Roc-�_k(Phone) ; "4 (Address) the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by �� Mrs{ � y.q - c , � Ct_ dL Instrument No. on Page , and is described as -q 14 6 1 _ � !} Parcel: Lot: Block: Section: Subdivision: do hereby make, constitute and appoint:= Z _ Cep, rek (Name)��I dL� l�-�1 /� "'s' � G✓, � ��` a,,,� � �.� � R ` (Phone) 'r y1.'3eS (Address)� t f- off 1�i i(� , Flc. 2 l`;C �af�� C�, I�iR ZZ'. of To act as my true and lawful attorney-in-fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: ❑ Rezoning (including proffers) ❑ Conditional Use Permits FT'_ Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan i My attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. r In witness thereof, I (we) have heret>et my (our) hand seal this LZ- day of x Y , 200' , Signature(s) e.' 5��,►,;�y�xgi'm� 'A . aforesaid;_cc ha ac no, .. LT ,��` C-ity/County of 1 r �C)e�� (•�_ , To -wit: t't z �Cji a Notary Public in and for the jurisdiction the person(s) who signed to the foregoing instrument personally appeared before me I the same before me in the jurisdiction aforesaid this day of (�? , 2001/. My Commission Expires: TZZZAS'£ 04L;CS 7 0 cp iN -f A/R kTRW6 M7 P,fop STOP L Ii-(------ - - - -J-\--/-L I -LL -f- \cmg & all'TR \ __4 JL4NZ-5,)fN1RAV6r r U. I L L 7 -0,,) j _0 it fA r I I I h y I �i �\ � `LI s/����� C .f 1It\ n 0 r AS 4ZI br- 0z OC47 < 0 7 N 4 L! 0 C, C3 _qw El g L 2w Afir F c _7 f p T_ _'T "R4-,�AZ9 L47fR4Z Z) ot 4ap 9 947ER C3 zar M 0 11 _2784M (TVP/ 1mr?Aw17rZNi-- s,%FRA-o�' ig('51 1-0 gr - '4s .51yoxv 0 R?a. sff sio RIJA'P STATION J CE PROP sroAwjy4,rz1'? XYNAON AQU9 U Lit Fq Lj -7- LI; -)f)zztw b, -,y7,zz R)ffz?v TeM hiLAMPEP DUVELOPMENT PLAX OF "E.AwSY InWG MOBRE HOM COWCONUY' WAS APPROVED BY MDEMCK COMM VIP_^iNM BOARD OF SbPEMSORS- OX DIPX-CTCFc OF ?Jt_'Q4W-G AND DMLM-TUTT, FRZOERICK COU NTIT, VJRGIN'jA 8 It a& OFF I ^ICXy TO ff GRAPHIC SCALE 100' 1. 1. 100, 200, COWM' ADMIXISTRATOR, FREMERACY COTIM-py, VMG-MA 0 T O bZIfIFR 30' (,WV .0RkArF 9fCH,-- Or- ff4,- 7-ji Fr MOB/CE HOME0�� MINIMUM ALLOWABLE OPEN SPACE: 11.746 AC (15%) Nf0mc 7' &74110N (TVP/ fX o- Sff _250 ±4.372 AC (37%) fO,%!' ANIN DWELLING UNITS: ±5.893 AC �7` 4 ±1.377 AC JO' (M/NJ PAYE,kENT JO' M/P/ PAVEMENT DENSITY: TeM hiLAMPEP DUVELOPMENT PLAX OF "E.AwSY InWG MOBRE HOM COWCONUY' WAS APPROVED BY MDEMCK COMM VIP_^iNM BOARD OF SbPEMSORS- OX DIPX-CTCFc OF ?Jt_'Q4W-G AND DMLM-TUTT, FRZOERICK COU NTIT, VJRGIN'jA 8 It a& OFF I ^ICXy TO ff GRAPHIC SCALE 100' 1. 1. 100, 200, COWM' ADMIXISTRATOR, FREMERACY COTIM-py, VMG-MA 0 VICN iib MAP SCALE 1" - 2000' 0MADMIL10224 EASY LIVING ASSOCIATES 2489 MARTINSBURG PIKE STEPHENSON, VA 22656 ,ATTN: J.H. YOST, H] (540) 667-8444 M1 ICAL STREET CROSS SECT1014 FOR PRIVATE STREETS T PROPOSED DEVELOPMENT: 30' (,WV .0RkArF 9fCH,-- Or- ff4,- -SITE MINIMUM ALLOWABLE OPEN SPACE: 11.746 AC (15%) COMMON OPEN SPACE: ±4.372 AC (37%) DWELLING UNITS: ±5.893 AC �7` 4 ±1.377 AC JO' (M/NJ PAYE,kENT JO' M/P/ PAVEMENT DENSITY: 3,522 UNITS PER ACRE a- ZwRAC7F0 0,'?APFL -RASE V RESIDENTIAL USE ROAD & PARKING TREATMENT q 0_0 �\ if , VICN iib MAP SCALE 1" - 2000' 0MADMIL10224 EASY LIVING ASSOCIATES 2489 MARTINSBURG PIKE STEPHENSON, VA 22656 ,ATTN: J.H. YOST, H] (540) 667-8444 M1 ICAL STREET CROSS SECT1014 FOR PRIVATE STREETS T PROPOSED DEVELOPMENT: 30' (,WV .0RkArF 9fCH,-- Or- ff4,- MINIMUM ALLOWABLE OPEN SPACE: 11.746 AC (15%) COMMON OPEN SPACE: ±4.372 AC (37%) DWELLING UNITS: ±5.893 AC PRIVATE RIGHT-OF-WAY: ±1.377 AC JO' (M/NJ PAYE,kENT JO' M/P/ PAVEMENT DENSITY: 3,522 UNITS PER ACRE a- ZwRAC7F0 0,'?APFL -RASE b77V&hVW.5' ZA RESIDENTIAL USE ROAD & PARKING TREATMENT q 0_0 �\ if , N.T.S. rMCALCUTL—DE—SAC CROSS SIVCTON FOR PRIVATE STREETS 40'(0N) RAO/us- � - eo, (VIN) RACIUS CIS PAkr"e1VT JO' (A(1N)PAVEMENT 617�WINCVS 6PAPEZ 9,4_�F-7MI-Nr .......... N.T.S. AREA TABULATION T PROPOSED DEVELOPMENT: ±11.642 AC MINIMUM ALLOWABLE OPEN SPACE: 11.746 AC (15%) COMMON OPEN SPACE: ±4.372 AC (37%) DWELLING UNITS: ±5.893 AC PRIVATE RIGHT-OF-WAY: ±1.377 AC TOTAL UNITS: 41 UNITS DENSITY: 3,522 UNITS PER ACRE LEGEND RESIDENTIAL USE ROAD & PARKING OPEN SPACE ROAD -GRASS STRIP LEASE LOT TYFICAL T VAJ_,EF_Y Revision Date Requested By 2 ! TT FTOME OMMUNITY Engineering - Surveying - Planning SCALERS _IHO&V MASTER DEVELOPMENT PLANEI ASY LIVING MOM.0 1 3231 PEOPLES DRIVE DATE MOBIM HOME COMMiTJMfY WMITAX-T (KH -1) LAYOUT STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA HARRISONBURG, VI RGINIA 22aol elllAv# TELEPHONE (540) 434-6365 OR (800) 343-8365 DRAT T: FAX (6401 432-0886 SHEET i OF 2 R. - NE - NF - -_ NE _ A$?"Q£ CIAIF/44A-5 71NA,9SN/R' . 7W All -A-44 ZUM'NC' R4 / ZaWAC" rl R A(-7 G f271 £4ILrn R S)WRICr l4T. CLIW5RI7'4 L4/VD 1j.27.jYW, ZGmm, w -I 14/ O/J.'UNC/ i t i :vI LAw VA7 CONA/LRLY 4m aeza NF - 4 I r crtARLEs EorATH2 & £uEim' a nWAEEr l I IpY/NC 20 LANG uSE' VACANT _fir_ 1 7.k J4sB-/-1 I EASY L/NNC ASSGC/A7f'S ( I0.17NC RA _Ng USE 57NC[E EAN/LY TIES/L7ENIIAL I \ S 49'25'34" E 319-76' a 1 1 IN 49.28'13" W{ N49'23'12 "W f 116.43' I 109.95' / I ---------------- i � ---- -----� r_ � - \ I 11 111 � I it I S 48'54'26" E 1\\: QAC NF 7X/'448 /-S EASf' L/HNC ASSrC7A7E5 ZOXANC R4 lANO Dir. AIGg/LE IYOVf RES/L£NTLW NF - ra EASY L/HNC ASSLLIATES ZON//YG R4 L.9A'9 US£ VAL:4NT N N N z N r NF - L4/ Z44-14-.5 C EONA?D & ALLEN L SH/r9LEY ZONINGR4 N 48'5821" W 1587.89' LAND USE ALIPi'CULrUblr - NF - 7V p444 A-5 C £9l1ARO It ALLEN L SHIRLEY ZON/NC RA LAAO 61-T AYO",9, YACANT\ --------.- -----_EASY / \ 15 /I/5.23' 336.35' V S 4744'34" W / 40.28' z; N 49'25'02" W - NF - 94,75' 7A'd44B-7-4 EASY L/NNG A.SSOGY4lES - NF - TA7-B ZGY/NG NA LEE G & F24NCES I HOLLER USE Afa9Zf_ h'OA/f /W_37,9 N714L ZONLNC R4 L4NO USc'- A1L44/LE NL7A/£ RESYOf�Vr QAC NF 7X/'448 /-S EASf' L/HNC ASSrC7A7E5 ZOXANC R4 lANO Dir. AIGg/LE IYOVf RES/L£NTLW NF - ra EASY L/HNC ASSLLIATES ZON//YG R4 L.9A'9 US£ VAL:4NT N N N z N r NF - L4/ Z44-14-.5 C EONA?D & ALLEN L SH/r9LEY ZONINGR4 N 48'5821" W 1587.89' LAND USE ALIPi'CULrUblr - NF - 7V p444 A-5 C £9l1ARO It ALLEN L SHIRLEY ZON/NC RA LAAO 61-T AYO",9, YACANT\ --------.- -----_EASY / \ L/NNCSTRE£T------ ---- --------------- -------- I I z; i ✓ELam - �r 184.47" (TOTrzy.)- - - - - , I `- -- - /248.12' �-,N 49'19'46" W \\1 1 I LLJf rAll T-- � 1 I I I I ' L/AI/TS OF PRO✓ECT I r I I I 1 i i f-i_J I I I - j J Ii - JILIjL �11`ii T`I+ �Ic I - _�._ ; I -, I = Ili .J ( L , S 47'58'09" E 735.99' - NF - TAA /44-7-0 OG & RV)N B PAYNE 11WINC' M -J LAND USE .S'NCLE IA/Lr RES✓A%YT/X rz43 'N CURVE p CUTM RAD" ARC LENGIH CHORD LENGTH CHORD BCARINO I DELTA ANGLE CI_ 2821.79r 60.6.5 60.65 548'5930 YI 01'1]19 f GRAPHIC SCALE 100' so' o' 100' a0O' PHASING LEGEND RECREATIONAL UNIT #1 - PICNIC SHELTER PHASE 1: 19 D. U., ±3.711 AC, ±0.886 AC COMMON OPEN SPACE (23%) ±2.473 AC MOBILE HOME LOT ±0.353 AC PRIVATE RIGHT-OF-WAY PHASE 2: 7 D. U., ±1.990 AC, ±0.763 AC COMMON OPEN SPACE (38%) ±1.008 AC MOBILE HOME LOT ±0.219 AC PRIVATE RIGHT-OF-WAY RECREATIONAL UNIT 92 - WALKING TRAIL PHASE 3: 9 D.U., ±3.607 AC, ±1.529 AC COMMON OPEN SPACE (427) ±1.469 AC MOBILE HOME LOT ±0.609 AC PRIVATE RIGHT-OF-WAY PHASE 4: 6 D. U., ±2.334 AC, ±1.194 AC COMMON OPEN SPACE (51%) ±1.469 AC MOBILE HOME LOT ±0.197 AC PRIVATE RIGHT -OR -WAY -Development shall occur approximateiy as shown. I LANDSCAPING TRACT SCHEDULE I TM #44B -1-3A, EASY LIVING ASSOCIATES, DB 903 PG 244, 0.441 AC, ZONED: RA, LAND USE: ACCESS -MOBILE HOME RESIDENTIAL TM X44 -I -C, EASY LIVING ASSOCIATES, DB 468 PG 634, 29.923 AC, ZONED: MH-£, LAND USE: MOBILE HOME RESIDENTIAL TM #44-1-D1, EASY LIVING ASSOCIATES, DB 438 PG 629, 9.034 AC, ZONED: MH-£, LAND USE: MOBILE HOME RESIDENTIAL AA U II il) IT --- Ili,- - II I1 ll \� Zl-li tl J1i �- 1CL� U j L i �A �W I o� la •J� 4 � -' -T �,_.s 1\ I � c� x�i�_.o Il. - 8 -T r,- I 91 I MErs L4NDSC DIG _ ) TREE CANOPi COVERAGE MIN: 2.910 AC (25%) SCALE: _ = 200 ,� TREE CANOPY:N-IRAGE PROVIDED: 3.272 AC (279) --- - PRESERVED 8EE5 M_ xAF_pA=1ff1&T THIS MASTER DEVELOPMENT PLAN ILLUSTRATES THE PROPOSED ADDITION OF 41 UNITS, IN FOUR-HASES. TO THE EXISTING EASY LIVING MOBILE HOME COMMUNITY. EXPANSION IS INTENDED TO CONFORM TO THE CURRENT MH -1 ZONING REGdLATIONS. AS IN THE EXISTING MOBILE HOME PARK, THE NEW UNITS WILL BE FOR RENTAL ONLY. NO LOT: WILL BE SUBDIVIDED OR OFFERED FOR SALE. PROPOSED WATER AND SEWER SYSTEMS SHOWN ARE CONCEPTUAL ONLY. FINAL LOCATIONS WILL BE DETERMINED DURING PREPARATION OF CONSTRUCTION SITE PLANS. WATER SERVICE TG THE EXPANSION AREAS WILL BE PROVIDED BY A DISTRIBUTION SYSTEM CONNECTED TO THE EXISTING COUNTY SYSTEM. AS SHOWN. SEWER SERVICE TO THE EXPANSION AREAS WILL BE PROVIDED BY A COLLECTION SYSTEM, CONNECTED TO THE EXISTING COUNTY SYSTEM, AS SHOWN. POWER AND TELEPHONE SERVICE TO BE AN EXTENSION OF THE EXISTING DISTRIBUTION SYSTEMS. EXACT LOCATIONS TO BE COORDINATED WITH THEIR SERVICE PROVIDERS. PUBLIC ACCESS IMPROVEMENTS, AS SHOWN, ARE ACCORDING TO VDOT RECOMMENDATION - NO SIGNIFICANT HISTORICAL FEATURES EXIST ON THIS SITE. PROPOSED DEVELOPMENT WILL GENERlJE AN ADDITIONAL 410 VEHICLE TRIPS PER DAY. OVERALL DENSITY, AFTER EXPANSION, WILL BE 3-477 UNITS PER ACRE. (137 UNITS/39.398 AC) = PROJECT: z9B9-2 MALI,. EY Revision Date Requested By EXPAN)EMASTER DEVELOPMENT FLANLIVING� � 1 Engineering - Surveying - Planning SCALE: 4 .yom _.LASY � OEILE GME OMMUNIT :� �. P`�.SING PLAN & BOUNDARY Ihh7FUFtblA'IION 323'1 PEOPLES DRIVE DATE: B/11/a4 STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA FIARRISONBURO, VIRGINIA 22801 DRAFT: 9/11/04 TELEPHONE (540) 434-6365 OR (800) 343-6365 FAX 540) 432-06M SHEET OF _. . -. .- ._-_ e, r -�.:. .. ... :s ::.. _�.. .:::: _ - _.,.: ...-:-_ .'+:ca; ..__....i._e^s..-.. .:.:-X�-_ ... a.::iG ... }...-.�.✓•.. -,. � ._ b � .:- _l.__ _- _ _ _. ._ ..._s�. _- _. ..T 'T _.... .._ '.. i. A... _.-. .-.. .....r .., ... _. .., COUNTY of FREDERICK :'fanning and Development 540/665-5651 FAX: 540/665-6395 MEMORANDUM TO: Frederick County Planning Commission FROM: Susan K. Eddy, AICP, Senior Planner Sir,�- RE: Discussion Item — Request for Expansion of the Urban Development Area (UDA) DATE: November 5, 2004 In 2004 Frederick County initiated a new procedure for considering amendments to the County's Comprehensive Policy Plan. Submissions to amend the comprehensive plan were due to the Planning Department by June 1, 2004. Eleven Comprehensive Policy Plan Amendment (CPPA) applications were submitted, and these were reviewed at a July 12, 2004 joint work session of the Board of Supervisors, Planning Commission and Comprehensive Plans and Programs Subcommittee (CPPS). Of these eleven requests, two, including the proposed Urban Development Area (UDA) expansion to include the Solenberger/Bridgeforth properties (CPPA application #08-04), were considered by the Board of Supervisors to merit further study and formal action through the public hearing process. Included with this agenda item is a copy of the Solenberger/Bridgeforth CPPA application, prepared by Mr. Evan Wyatt of Greenway Engineering, on behalf of the owners of the subject properties. Mr. Wyatt is requesting expansion of the UDA to incorporate five parcels totaling 262.53 acres. A map prepared by staff depicting the area of the UDA expansion request, the existing Urban Development Area (UDA), and current zoning relative to the proposed expansion area is attached. The applicant has indicated that he would ultimately be seeking a rezoning to RP (Residential Performance District) and B2 (Business General District) for these properties. 107 North Kent Street, Suite 202 © Winchester, Virginia 22601-5000 Request for Expansion of the UDA November 5; 2004 Page 2 The Comprehensive Plans and Programs Subcommittee (CPPS) discussed this request at their meetings on September 13, 2004, October 11, 2004 and November 8, 2004. CPPS members were generally supportive of this request and suggested that a land use plan accompany this large UDA expansion request. Staff was directed to modify the Western Jubal Early Land Use Plan (as adopted by the Board of Supervisors on February 11, 2004) to incorporate the whole quadrant bound by the City of Winchester to the east, Cedar Creek Grade (Route 622) to the south, Route 37 to the west and Merriman's Lane and the City of Winchester to the north. A modified version of the Western Jubal Early Land Use Plan and an accompanying land use map, as proposed by the CPPS, is attached. For your convenience, another version of this modified plan, showing the changes (from the version adopted by the Board of Supervisors on February 11, 2004) in bold text and strikethrough is also attached. Staff is seeking comments from the Planning Commission regarding this UDA expansion request and the proposed modifications to the Western Jubal Early Land Use Plan that could be forwarded to the Board of Supervisors during their discussion of this request. SKE/bad Attachments UDA EXPANSION REQUEST ' cOt� SOLENBERGERBRIDGEFORTH PROPERTIES Staff Report for the Planning Commission Meeting Prepared: November 5, 2004 Staff Contact: Susan K. Eddy, AICP, Senior Planner This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in the discussion of this request. It may also be useful to others interested in this comprehensive planning matter. CPPS: CPPS: CPPS: Planning Commission: Board of Supervisors Reviewed 09/13/04 10/11/04 11/08/04 11/17/04 (Discussion) 12/08/04 (Discussion) Action Discussed Discussed Recommendation forwarded Pending Pending PROPOSAL: To expand the Urban Development Area (UDA) by 262.53 acres. PLANNED USE: Residential and Mixed Use (Commercial and Residential) LOCATION: The properties are located east of Route 37, north of Cedar Creek Grade (Route 622) and west of the City of Winchester. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBERS: 63-A-1, 63 -A -1A, 63 -A -1E, 63 -A -2D, 63 -A -2L PLANNING STAFF EVALUATION: Existing Conditions The subject sites, as well as the adjacent properties, are presently zoned RA and are in residential and agricultural uses. A 58 acre tract immediately south of Cedar Creek Grade (Route 622) is in the South Frederick Agricultural District. Two parcels southeast of the subject sites are zoned RP (Residential Performance District) and are being developed for age -restricted housing (the Village at Harvest Ridge). Sites further to the east in the City of Winchester are zoned High Density Residential District (HR) and Residential Office District (RO-1) and contain a mix of housing types with some offices along Cedar Creek Grade (Route 622). Solenberger/Bridgeforth UDA Expansion Request November 5, 2004 Page 2 Comprehensive Policy Plan Land Use Plan The subject properties are not included in any of the small study area land use plans included in the Frederick County Comprehensive Policy Plan. The properties adjacent to the north (the White/Marshall properties) are included in the Western Jubal Early Land Use Plan (WJELUP) adopted by the Board of Supervisors on February 11, 2004. The WJELUP calls for both residential use and a mix of residential and commercial uses. Staff Comment: The Comprehensive Plans and Programs Subcommittee (CPPS), when they considered this UDA expansion, requested that staff modify the Western Jubal Early Land Use Plan to include a wider area including this UDA expansion area. A modified version of the Western Jubal Early Land Use Plan, as proposed by the CPPS, and a corresponding land use map is attached. For convenience, another version of this modified plan, showing the changes (from the version adopted by the Board of Supervisors on February 11, 2004) in bold text and strikethrough is also attached. Transportation The Eastern Road Plan of the Comprehensive Policy Plan does not identify any road improvements in this area. The Western Jubal Early Land Use Plan of the Comprehensive Policy Plan identifies transportation improvements north of the subject properties. These improvements include the extension of Jubal Early Drive to an urban divided four -lane standard, a new interchange with Route 37 and a major collector road in a north -south direction to connect Jubal Early Drive and Cedar Creek Grade (Route 622). The Winchester Area Transportation Study (WATS) Plan identifies improvements to Cedar Creek Grade (Route 622) from the existing rural two-lane standard to an urban four -lane divided standard and calls for improvements to the Cedar Creek Grade/Route 37 interchange. In the immediate vicinity, the WATS Plan calls for the extension of Jubal Early Drive from Meadow Branch Drive to Route 37 (to an urban four lane standard) and the construction of a new interchange at Route 37 and the extended Jubal Early Drive. The WATS study also calls for the widening of Route 37 to six lanes from Cedar Creek Grade (Route 622) to the extended Jubal Early Drive. Community Facilities and Service This proposed UDA expansion, together with the land already planned for residential development north of the subject sites, would lead to a large number of school age children concentrated in a small area that is unprecedented in the western part of Frederick County. It should be incumbent upon future development within the wider WJELUP area to provide sites for school facilities, to mitigate the impact of the large number of school children resulting from this development. It may also be necessary to Solenberger/Bridgeforth UDA Expansion Request November S, 2004 Page 3 provide other public facilities in this area to serve this new development. It would then be necessary for future development to provide a site for other public facilities to mitigate the impact resulting from this development. The Frederick County Sanitation Authority (FCSA) does not currently serve this area. The FCSA would be the water service provider and the sewer service provider for this geographic portion of the County unless their Board grants the authority for service to the City of Winchester Public Utilities. COMPREHENSIVE PLANS AND PROGRAMS SUBCOMMITTEE (CPPB) SUMMARY & ACTION OF 09/13/04 MEETING: The CPPS was generally supportive of this UDA expansion request. Concerns were raised, however, on a number of topics. Primary concerns were the impact of this proposed development on the transportation network and the impact on schools and other public facilities. The CPPS suggested that a land use plan be prepared to accompany this UDA expansion request. Staff was directed to modify the Western Jubal Early Land Use Plan (as adopted by the Board of Supervisors on February 11, 2004) to incorporate the whole quadrant bound by the City of Winchester to the east, Cedar Creek Grade (Route 622) to the south, Route 37 to the west and Merriman's Lane and the City of Winchester to the north. COMPREHENSIVE PLANS AND PROGRAMS SUBCOMMITTEE (CPPB) SUMMARY & ACTION OF 10/11/04 MEETING: The CPPS was generally supportive of this UDA expansion request. Staff presented a modified version of the Western Jubal Early Land Use Plan (as adopted by the Board of Supervisors on February 11, 2004) to incorporate the whole quadrant bound by the City of Winchester to the east, Cedar Creek Grade (Route 622) to the south, Route 37 to the west and Merriman's Lane and the City of Winchester to the north. CPPS members discussed the modified plan, but felt that staff had not clearly articulated their concerns over transportation, particularly the planned interchange at Jubal Early Drive and Route 37 and their concerns with schools and other public facilities. The applicant requested that the proposed school site not be identified on a map, but rather be described in the text with the final location and alignment remaining flexible to ensure that it conforms to final engineering studies and School Board considerations. The CPPS directed staff to further modify the Western Jubal Early Land Use Plan to take account of CPPS concerns and the applicant's concern with an identified school site. Solenberger/Bridgeforth UDA Expansion Request November 5, 2004 Page 4 COMPREHENSIVE PLANS AND PROGRAMS SUBCOMMITTEE (CPPS) SUMMARY & ACTION OF 11/08/04 MEETING: Staff presented a further modified version of the Western Jubal Early Land Use Plan. That plan, and its accompanying land use map, is attached. Roads c' ie Primary Roads Secondary Roads Terciary Roads ewer & Water Service Area Urban Development Area Parcels City/ Town Bounday Zoning 61 (Business, Neighborhood. District) L B2 (Business, General District) B3 (Business, Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) M1 (Industrial, Light District) J M2 (Industrial, General District) MH1 (Mobile Home Community District) MS (Medical Support District) R4 (Residential, Planned Community District) R5 (Residential Recreational Community District) ORA (Rural Areas District) O RP (Residential Performance District) W SolenbergerlBridgeforth Request s UDA EXPANSION REQUEST I-, -0.125 0.25 " ' 0. Miles WESTERN JUBAL EARLY LAND USE PLAN (Proposed draft November 4, 2004) A request to expand the Urban Development Area (UDA) to incorporate parcels owned by the White and Marshall families was approved by the Frederick County Board of Supervisors in February 2004. These parcels, totaling approximately 350 acres, are located in a quadrant of land bound by Route 37 to the west, Merriman's Lane (Route 621) to the north, Cedar Creek Grade (Route 622) to the south, and the City of Winchester to the east. The expansion of the UDA did not incorporate all properties within this quadrant, as much of the acreage in the southern portion of the quadrant (the Solenberger/Bridgeforth Property) was reserved for agricultural use within the South Frederick Agricultural and Forestal District. The Western Jubal Early Land Use Plan (WJELUP) was adopted by the Frederick County Board of Supervisors in February 2004 and is intended to guide future land use planning and development for property within the quadrant that is captured by the UDA expansion. In May of 2004 the Board of Supervisors removed 183 acres of land north of Cedar Creek Grade included within the Solenberger/Bridgeforth property, from the South Frederick Agricultural and Forestal District. A UDA expansion request has been submitted for the 262 acre Solenberger/Bridgeforth property. This draft of the Western Jubal Early Land Use Plan now covers the entire quadrant between the City of Winchester to the east, Cedar Creek Grade (Route 622) to the south, Route 37 to the west and Merriman's Lane and the City of Winchester to the north. GuidingPPrinciples A new community of over 600 acres is being envisioned in a portion of the County where previously there was little but farmland. The area contains sensitive environmental features and these will be preserved. This new community will be primarily residential with a mix of commercial and residential uses. The community will be linked by an efficient road system, multi-purpose trails and sidewalks. At the center of the community will be at least one school which will serve as a focus for educational and community activities. T anri T T-,,- Residential ca Residential The land included within the WJELUP represents a transitional area between the City of Winchester and the rural areas of western Frederick County. The WJELUP area is distinguished by its pristine environmental resources and prime farmland soils and has therefore historically supported both agricultural and low density residential land uses. Adjoining land within the City of Winchester has developed extensively with urban and suburban residential uses, most notably within the Meadow Branch, Morlyn Hills, Meadow Branch South, and Orchard Hill subdivisions. Additionally, suburban residential land use has been established within the UDA adjacent and north of the WJELUP area through the Merriman's Chase subdivision. The predominant land uses envisioned within the WJELUP area are urban and suburban residential uses. The residential designation is intended to continue the established land use pattern in the vicinity of the WJELUP area. As such, new residential development within the WJELUP area is expected to consist primarily of single family detached and single family small lot units, and be compatible with the design of existing residential uses on adjoining property. The gross residential density for residential developments within the WJELUP area should not exceed four dwelling units per acre. Mixed Use Areas of mixed residential and commercial land use are designated along the planned route of the Jubal Early Drive extension and near the intersection of Cedar Greek Grade and Route 37. The mixed use development pattern is intended to provide local commercial services and employment opportunities that are accessible for residents within the WJELUP area and the adjacent community via alternative modes of transportation, such as pedestrian and bicycle facilities. Enhanced accessibility is anticipated through the integration of land uses within the mixed use areas and the connection of such areas to the surrounding residential neighborhoods by a network of multi-purpose trails and sidewalks. It is further expected that residential and commercial uses will be designed and configured in a complementary and unified manner to ensure development of a visually distinctive and functionally efficient community. The residential component of areas designated for mixed use development is not to exceed 75% of the gross project land area for mixed use development, with the remaining acreage reserved and planned for commercial use. Gross residential densities within mixed use areas should be consistent with those of the surrounding residential neighborhoods and therefore not exceed four dwelling units per acre. Residential densities in the mixed use areas are envisioned to be achieved through a mixture of housing types. The commercial component will comprise at least 25%, but no more than 50%, of the gross project land area for mixed use development. The commercial component is envisioned to consist of neighborhood scale commercial uses and high-end office uses. Priority will be given to neighborhood scale commercial uses as these will serve the needs of residents and create focal points for the new community. Strip commercial development is strongly discouraged. Consolidated entrances will be encouraged to avoid multiple -entrances along Jubal Early and Cedar Creek Grade. Other uses that might be acceptable in the areas planned for mixed uses are religious uses and local government uses. Transportation The Winchester Area Transportation Study (WATS) identifies Jubal Early Drive extending in an east -west direction from its terminus in the City of Winchester to a new interchange with the Route 37 western by-pass. The expansion of the Urban Development Area (UDA) should incorporate the extension of Jubal Early Drive and the construction of the interchange at Route 37 as the principal transportation component of the WJELUP. The extension of Jubal Early Drive through this portion of the UDA is envisioned as an urban divided four -lane cross-section that includes landscaped medians as well as pedestrian and bicycle facilities. -2- The final location and alignment of Jubal Early Drive should remain flexible to ensure that the development of the future extension conforms to final transportation studies and engineering. The design and alignment of the road will facilitate its connection with the new interchange planned for Route 37. Indeed, the value of Jubal Early Drive as a regional transportation improvement is dependant upon its ultimate connection to Route 37 via this new interchange. A major collector road is planned to facilitate traffic movement in a north -south direction to provide a connection between Jubal Early Drive and Cedar Creek Grade. The ultimate location of the north -south collector road should remain flexible to ensure that the development conforms to final transportation studies and engineering. The Winchester Area Transportation Study (WATS) also identifies improvements to Cedar Creek Grade. Cedar Creek Grade is proposed to be widened to four lanes from the Winchester City line to Route 621, Merrimans Lane. The WATS study further identifies improvements to the Cedar Creek Grade/Route 37 interchange. The Frederick County Comprehensive Policy Plan Bicycle Plan identifies Cedar Creek Grade as a short-term destination route. The proposed expansion of the Urban Development Area (UDA) should therefore incorporate the improvements to Cedar Creek Grade, preferably to a four lane divided highway, and a bicycle lane. The development of new road systems, including a new interchange at Route 37, new signalization, and any improvements to existing road systems will be the responsibility of private property owners and developers. In particular the new interchange with Route 37 should be guaranteed by the development community before build -out of the area. No rezonings should be approved until the County is certain that the transportation impacts of the new development will be mitigated. The study area will be designed so that residents will have access to alternative modes of transportation, such as pedestrian and bicycle facilities. The County will also encourage the extension of existing bus routes to serve the area. Ideally bus stops will be located at the mixed use centers and within the development. Environment The WJELUP designates environmental resources associated with the Abrams Creek corridor as Developmentally Sensitive Areas (DSA). These areas should be preserved through the development process with improvements limited to required road crossings and passive recreational amenities. A conservation oriented approach to the design of residential and mixed use projects within the WJELUP area is encouraged to maximize DSA preservation. As such, the precise study and identification of DSA designated resources should occur as a critical first step in the design process for all development in the WJELUP area. Completion of this resource inventory and the delineation of preservation areas is to be followed and accommodated by layouts and engineering for building sites, lots, drainage and infrastructure. Full gross density credit will be provided for DSA designated land conserved through the development process. -3- A portion of the Green Circle Trail, as developed by the City of Winchester, has been constructed on the north side of the Winchester -Western Railroad. The WJELUP envisions completion of this portion of the trail to Merriman's Lane. Additionally, a connector trail should be developed that extends from the existing trail along the railroad right-of-way to Cedar Creek Grade as an enhancement to the Green Circle Trail. The connecting trail should be located to enhance the interaction of the user with any environmental features or view sheds that are conserved through implementation of the WJELUP. The pedestrian/bicycle network developed in the WJELUP area should provide for a continuous flow from the Green Circle. Education/Public Facilities The West Jubal Early Land Use Plan area contains over 600 acres and the majority of this land is envisioned to be developed for residential uses. It is estimated that up to 2400 dwellings could be built in the study area. This would generate over 1200 new students for the Frederick County School System. This number of students concentrated in such a small area is unprecedented in the western part of Frederick County. It will be incumbent upon future development within the WJELUP area to provide sites for school facilities, to mitigate the impact of the large number of school children resulting from development in the WJELUP area. This is consistent with the Community Facilities and Services policies in the Comprehensive Policy Plan. Any school should be sited centrally within the study area to enable the maximum number of students to walk or bike to school. Schools quickly become the focus of a new community when they are at the center of the community. The final location and alignment of any school site should remain flexible to ensure that it conforms to final engineering studies and School Board considerations. It may also be necessary to provide other public facilities in this area to serve this new development. It would then be necessary for future development to provide a site for other public facilities to mitigate the impact of the large number of residents resulting from development in this area. Parks The West Jubal Early Area should contain a well defined park and open space system for both active and passive recreation. Central to this open space will be the Abrams Creek corridor which should be preserved as a developmentally sensitive area. Neighborhood parks should also be located within the study area. As defined in the Comprehensive Policy Plan, neighborhood parks provide limited types of recreation for the entire family within easy walking distance. Examples of potential facilities in a neighborhood park include a playground, a swimming pool and tennis courts. The neighborhood parks should be located near the school and or neighborhood center and away from major streets. Also part of the park network will be the interconnected trail system as described above. -4- West Jubal Earl Land Use Plan South (DRAFT) w.y Map Features 0*0 UDA/SWSA Winchester City Boundary !\V Parcels .V Streams Lakes/Ponds/Wetlands Planned Transportation N Road ROW Road CL Railroads jv Existing Trails Proposed Trails Planned Land Use Developmentally Sensitive Areas ® Mixed Use Residential Use Educational Use Future Interchange N W -E s 250125 `f" Feet Created by Frederick County Planning Nov.04,2004 Note: changes to the plan as adopted by the Board of Supervisors on February 11, 2004 are shown with bold text and strikethroughs. WESTERN JUBAL EARLY LAND USE PLAN Adopted by the Frederick County Board of Supervisors February 11, 2004 (Revised draft November 4, 2004) A request to expand the Urban Development Area (UDA) to incorporate parcels owned by the White and Marshall families was approved by the Frederick County Board of Supervisors in February 2004. These parcels, totaling approximately 350 acres, are located in a quadrant of land bound by Route 37 to the west, Merriman's Lane (Route 621) to the north, Cedar Creek Grade (Route 622) to the south, and the City of Winchester to the east. The expansion of the UDA did not incorporate all properties within this quadrant, as much of the acreage in the southern portion of the quadrant (the SolenbergerBridgeforth Property) was IS reserved for agricultural use within the South Frederick Agricultural and Forestal District. The Western Jubal Early Land Use Plan (WJELUP) was adopted by the Frederick County Board of Supervisors in February 2004 and is intended to guide future land use planning and development for property within the quadrant that is captured by the UDA expansion. In May of 2004 the Board of Supervisors removed 183 acres of land north of Cedar Creek Grade included within the SolenbergerBridgeforth property, from the South Frederick Agricultural and Forestal District. A UDA expansion request has been submitted for the 262 acre SolenbergerBridgeforth property. This draft of the Western Jubal Early Land Use Plan would cover the entire quadrant between the City of Winchester to the east, Cedar Creek Grade (Route 622) to the south, Route 37 to the west and Merriman's Lane and the City of Winchester to the north. Guiding Principles A new community of over 600 acres is being envisioned in a portion of the County where previously there was little but farmland. The area contains sensitive environmental features and these will be preserved. This new community will be primarily residential with a mix of commercial and residential uses. The community will be linked by an efficient road system, multi-purpose trails and sidewalks. At the center of the community will be at least one school which will serve as a focus for educational and community activities. Land Use Residential The land included within the WJELUP represents a transitional area between the City of Winchester and the rural areas of western Frederick County. The WJELUP area is distinguished by its pristine environmental resources and prime farmland soils and has therefore historically supported both agricultural and low density residential land uses. Adjoining land within the City of Winchester has developed extensively with urban and suburban residential uses, most notably within the Meadow Branch, Morlyn Hills, Meadow Branch South, and Orchard Hill subdivisions. Additionally, suburban residential land use has been established within the UDA adjacent and north of the WJELUP area through the Merriman's Chase subdivision. The predominant land uses envisioned within the WJELUP area are urban and suburban residential uses. The residential designation is intended to continue the established land use pattern in the vicinity of the WJELUP area. As such, new residential development within the WJELUP area is expected to consist primarily of single family detached and single family small lot units, and be compatible with the design of existing residential uses on adjoining property. The gross residential density for residential developments within the WJELUP area should not exceed four dwelling units per acre. Mixed Use Areas of mixed residential and commercial land use are designated along the planned route of the Jubal Early Drive extension and near the intersection of Cedar Greek Grade and Route 37. The mixed use development pattern is intended to provide local commercial services and employment opportunities that are accessible for residents within the WJELUP area and the adjacent community via alternative modes of transportation, such as pedestrian and bicycle facilities. Enhanced accessibility is anticipated through the integration of land uses within the mixed use areas and the connection of such areas to the surrounding residential neighborhoods by a network of multi-purpose trails and sidewalks. It is further expected that residential and commercial uses will be designed and configured in a complementary and unified manner to ensure development of a visually distinctive and functionally efficient community. The residential component of areas designated for mixed use development is not to exceed 75% of the gross project land area for mixed use development, with the remaining acreage reserved and planned for commercial use. Gross residential densities within mixed use areas should be consistent with those of the surrounding residential neighborhoods and therefore not exceed four dwelling units per acre. Residential densities in the mixed use areas are envisioned to be achieved through a mixture of housing types. The commercial component will comprise at least 25%, but no more than 50%, of the gross project land area for mixed use development. The commercial component is envisioned to consist of neighborhood scale commercial uses and high-end office uses. Priority will be given to neighborhood scale commercial uses as these will serve the needs of residents and create focal points for the new community. The ^ o .,i component vAll .Allbe ^ sten+ with the eommefeial development that has oeeuffed alon" jubal Early Drive west of its ifitefseetion withb Valley Avenue. Strip commercial development is strongly discouraged. Consolidated entrances will be encouraged to avoid multiple -entrances along Jubal Early and Cedar Creek Grade. Other uses that might be acceptable in the areas planned for mixed uses are religious uses and local government uses. Transportation =2- The Winchester Area Transportation Study (WATS) identifies Jubal Early Drive extending in an east -west direction from its terminus in the City of Winchester to a new interchange with the Route 37 western by-pass. The proposed expansion of the Urban Development Area (UDA) should incorporate the extension of Jubal Early Drive and the construction of the interchange at Route 37 as the principal transportation component of the WJELUP. The extension of Jubal Early Drive through this portion of the UDA is envisioned as an urban divided four -lane cross- section that includes landscaped medians as well as pedestrian and bicycle facilities. The final location and alignment of Jubal Early Drive should remain flexible to ensure that the development of the future extension conforms to final transportation studies and engineering. The design and alignment of the road will facilitate its connection with the new interchange planned for Route 37. Indeed, the value of Jubal Early Drive as a regional transportation improvement is dependant upon its ultimate connection to Route 37 via this new interchange. The iai4i.,, eompenei4 of A major collector road � is planned to facilitate traffic movement 1 LLVZTLTGT in a north -south direction to provide a connection between Jubal Early Drive and Cedar Creek Grade. The ultimate location of the north -south collector road should also -remain flexible to ensure that the development conforms to final transportation studies and engineering. The Winchester Area Transportation Study (WATS) also identifies improvements to Cedar Creek Grade. Cedar Creek Grade is proposed to be widened to four lanes from the Winchester City line to Route 621, Merrimans Lane. The WATS study further identifies improvements to the Cedar Creek Grade/Route 37 interchange. The Frederick County Comprehensive Policy Plan Bicycle Plan identifies Cedar Creek Grade as a short-term destination route. The proposed expansion of the Urban Development Area (UDA) should therefore incorporate the improvements to Cedar Creek Grade, preferably to a four lane divided highway, and a bicycle lane. The development of new road systems, including a new interchange at Route 37, new signalization, and any improvements to existing road systems will be the responsibility of private property owners and developers, pai4aer-ships are . In particular the new interchange with Route 37 should be guaranteed by the development community before build -out of the area. No rezonings should be approved until the County is certain that the transportation impacts of the new development will be mitigated. The study area will be designed so that residents will have access to alternative modes of transportation, such as pedestrian and bicycle facilities. The County will also encourage the extension of existing bus routes to serve the area. Ideally bus stops will be located at the mixed use centers and within the development. Environment -3- The WJELUP designates environmental resources associated with the Abrams Creek corridor as Developmentally Sensitive Areas (DSA). These areas should be preserved through the development process with improvements limited to required road crossings and passive recreational amenities. A conservation oriented approach to the design of residential and mixed use projects within the WJELUP area is encouraged to maximize DSA preservation. As such, the precise study and identification of DSA designated resources should occur as a critical first step in the design process for all development in the WJELUP area. Completion of this resource inventory and the delineation of preservation areas is to be followed and accommodated by layouts and engineering for building sites, lots, drainage and infrastructure. Full gross density credit will be provided for DSA designated land conserved through the development process. A portion of the Green Circle Trail, as developed by the City of Winchester, has been constructed on the north side of the Winchester -Western Railroad. The WJELUP envisions completion of this portion of the trail to Merriman's Lane. Additionally, a connector trail should be developed that extends from the existing trail along the railroad right-of-way to Cedar Creek Grade as an enhancement to the Green Circle Trail. The connecting trail should be located to enhance the interaction of the user with any environmental features or view sheds that are conserved through implementation of the WJELUP. The pedestrian/bicycle network developed in the WJELUP area should provide for a continuous flow from the Green Circle. Education/Public Facilities The West Jubal Early Land Use Plan area contains over 600 acres and the majority of this land is envisioned to be developed for residential uses. It is estimated that up to 2400 dwellings could be built in the study area. This would generate over 1200 new students for the Frederick County School System. This number of students concentrated in such a small area is unprecedented in the western part of Frederick County. It will be incumbent upon future development within the WJELUP area to provide sites for school facilities, to mitigate the impact of the large number of school children resulting from development in the WJELUP area. This is consistent with the Community Facilities and Services policies in the Comprehensive Policy Plan. Any school should be sited centrally within the study area to enable the maximum number of students to walk or bike to school. Schools quickly become the focus of a new community when they are at the center of the community. The final location and alignment of any school site should remain flexible to ensure that it conforms to final engineering studies and School Board considerations. It may also be necessary to provide other public facilities in this area to serve this new development. It would then be necessary for future development to provide a site for other public facilities to mitigate the impact of the large number of residents resulting from development in this area. Parks -4- The West Jubal Early Area should contain a well defined park and open space system for both active and passive recreation. Central to this open space will be the Abrams Creek corridor which should be preserved as a developmentally sensitive area. Neighborhood parks should also be located within the study area. As defined in the Comprehensive Policy Plan, neighborhood parks provide limited types of recreation for the entire family within easy walking distance. Examples of potential facilities in a neighborhood park include a playground, a swimming pool and tennis courts. The neighborhood parks should be located near the school and or neighborhood center and away from major streets. Also part of the park network will be the interconnected trail system as described above. -5- SOLENBERGER/BRIDGEFORTH COMPREHENSIVEW POLICY PLAN AMENDMENT APPLICATION Shawnee Magisterial District Frederick County, Virginia TM 63-((A))-1, 63-((A))-lA, 63 -((A)) -IE, 63 -((A)) -2D, & 63 -((A)) -2L 262.53 Acres June 1, 2004 Current Owners: TRUSTEES OF THE JOHN T. SOLENBERGER TRUST JEFFREY R. & GAYLE SOLENBERGER RUTH D. BRIDGEFORTH WILLIAM E. III & LISA W. BRIDGEFORTH Contact Person: Evan A. Wyatt, AICD Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 GREENWAY ENGINEERING 151 Windy Hill Lane Founded in 1971 Winchester, Virginia 22602 Telephone 540-662-4185 Engineers FAX 540-722-9528 Surveyors www_greenwayeng.com Greenway Engineering June 1, 2004 Solenberger/Bridgeforth CPPA COMPREHENSIVE POLICY PLAN AMENDMENT INITIATION REQUEST FORM (Please type all information. The application will not be deemed complete unless all items listed below have been submitted.) A. Owner or Authorized Agent Information: 1. Name: Trustees of the John T. Solenberger Trust, Owners Jeffrey R. and Gayle Solenberger, Owners Ruth D. Bridgeforth, Owner William E. III and Lisa W. Bridgeforth Owners Greenway Engineering, Authorized Agent 2. Project Name: Solenber erBrid eg forth 3. Mailing Address: Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 4. Telephone: 540-662-4185 B. Legal interest in the property affected or reason for the request: The property owners requests the Comprehensive Policy Plan be amended so as to include the subject property in the Urban Development Area (UDA). C. Proposed Comprehensive Policy Plan amendment— please provide the following information. 1. For a map amendment: a. GPIN(s): 63-((A))-1, 63 -((A)) -IA, 63-((A))-lE 63 -((A)) -2D, 63 -((A)) -_2L b. Parcel size (approximate acres): 262.53 acres aggregate c. Plat of area proposed for CPPA amendment, including metes and bounds description. See Attachments 2 and 3 for depiction of subject parcels with metes and bounds noted. File #3237S/EAW Greenway Engineering June 1, 2004 Solenberger/Bridgeforth CPPA d. Existing Comprehensive Plan land use classification(s): Rural area e. Proposed Comprehensive Plan land use classification(s): Suburban Residential & Mixed Use f. Existing zoning and land use of the subject parcel: RA, Rural Area District Residential Agricultural & Orchard g. What use/zoning will be requested if amendment is approved? RP Residential Performance District B2 Business General District h. Describe (using text, photos, and maps as necessary) the existing zoning, Comprehensive Policy Plan designations, and/or approved uses and densities along with other characteristics that are within: '/4 mile from the parcel(s) perimeter if the parcel is less than 20 acres in size; '/2 mile if 21-100 acres in size; or 1 mile if more than 100 acres in size. The aggregate area of the subject property is qpproximately 262.53 acres; therefore the study area includes properties within a one -mile (5,280 foot radius. Reference Attachment 2 Ad 'oinin Property Map Solenber er/gride orth. The zoning of the subject propeqy is RA Rural Areas District. The name, mailing address, and parcel number of all property owners within 200 feet of the subject parcel(s). Reference Attachment 1 Owners of Properties within 200 feet. 2. For a text amendment: I a. Purpose and intent of amendment. N/A b. Cite Plan chapter, goal, policy and/or action strategy text that is proposed to be amended. N/A File 93237S/EAW 2 Greenway Engineering June 1, 2004 Solenberger/Bridgeforth CPPA C. Proposed new or revised text. (Please attach and specify text changes with additions underlined and deletions crossed through.) N/A d. Demonstrate how the proposal furthers the goals, policies/objectives, and action strategies set forth in the Comprehensive Policy Plan chapter(s) relative to the amendment request and why proposed revisions to said goals, policies, and action strategies are appropriate. N/A e. Demonstrate how the proposal is internally consistent with other Comprehensive Policy Plan components that are not the subject of the amendment. N/A N/A What level of service impacts, if any, are associated with the request? 3. For all amendments: a. Justification of proposed Comprehensive Policy Plan amendment (provide attachments if necessary). Describe why the change to the Comprehensive Policy Plan is proposed. The property owners request the Comprehensive Policy Plan be amended to include the subject property in the Urban Development Area (UDA). The subject properties are located in the quadrant that is bound by Route 37, Cedar Creek Grade (Route 622) Merriman's Lane (Route 621) and the City of Winchester. The Frederick County Board of Supervisors recently expanded the UDA to include the White and Marshal properties within this quadrant which are located immediately north and east of the subject properties. The White and Marshal, properties were included in the Western Jubal Early Drive Land Use Plan, which proposes suburban residential land use with mixed land use to include residential and service commercial components The Solenberger and Bridegeforth parcels will complete the Western Jubal Early Land Use Plan for this quadrant through the continuance of suburban residential land use with service commercial and office primarily along Cedar Creek Grade (Route 622) near the Route 37 interchange The Frederick County Board of Supervisors removed tax parcel 63-((A))-1 consisting of 183 acres from the South Frederick Agricultural and Forestal District on May 26 2004 The Board of Supervisors determined that removal of this parcel was appropriate due to the land planning activities that have occurred in this geographic area of the County. Furthermore removal of this property from the South Frederick Agricultural and Forestal District will allow for the File 93237S/EAW Greenway Engineering June 1, 2004 Solenberger/Bridgeforth CPPA implementation of a north -to -south major collector road to be developed, which will connect Jubal Early Drive to Cedar Creek Grade. Removal of this parcel from the South Frederick Agricultural and Forestal District was an important policy decision to ensure that the transportation elements of the Western Jubal Early Drive Land Use Plan could be achieved. b. How would the resultant changes impact or benefit Frederick County relative to: 1. Community Design The inclusion of the Solenberger and Brid eforth parcels will allow for the expansion of the Western Jubal Early Drive Land Use Plan to include the entire quadrant that is bound by Route 37 Cedar Creek Grade (Route 622) Merriman's Lane (Route 621) and the City of Winchester. This expansion will allow for the comprehensive planning of land use patterns, transportation networks and infrastructure for this geographic area of the County. Therefore, inclusion of the subject properties will benefit the County in community design planning efforts. 2. Cultural Resources The Frederick County Rural Landmarks Survey identifies the Stuart Brown House (34-1239) as a potentially significant property. This house is located on the 183 -acre Solenberger parcel identified as tax parcel 63-((A))-1. The Stuart Brown House has been utilized as a residential rental structure for several years. It is anticipated that this structure will be inventoried to allow for historic documentation and will be removed once the property is developed for residential and commercial land use. 3. Economic Development Inclusion of the subject property in the UDA and its subsequent development will contribute to County economic development through increased tax revenues and employment opportunities. Much of the subject real estate is currently taxed at an undeveloped/Mricultural land rate. Inclusion in the UDA is requested in order to subsequently have the 262.53 -acre site rezoned for Lip -scale suburban residential and limited commercial uses. The new homes and the families living in them will generate real estate and personal property taxes. Commercial development will provide employment while contributing various commercial tax revenues. Other fiscal impacts of development will be mitigated through monetary proffers received during the conditional zoning process. Pile #32375/EAW Greenway Engineering June 1, 2004 Solenberger/Bridgeforth CPPA 4. Environment The subject properties have been utilized primarily for agricultural purposes over time The Solenberger parcels are still actively utilized for agricultural land use while the Bridgeforth parcels have been utilized for residential purposes since the 1980's. The subject properties do not contain environmentally sensitive areas, less one wetland area that is identified on the Solenberger property. The introduction of public water and sanitary sewer, as opposed to individual wells and on-site septic disposal will improve the environment. Furthermore, development of the property will allow for controlled stormwater management design and the implementation of best management practices to improve stormwater volume and quality. The application of agricultural chemicals and fertilizers will be eliminated when the property is developed. 5. Fire and Rescue The construction of Jubal Early Drive with a future interchange at Route 37 along with the development of a north to south major collector road connecting Cedar Creek Grade to Jubal Early Drive will allow for improved emergency response times and will enhance access to the Winchester Medical Center located just to the north of the subject properties Capital facilities costs associated with the development of the subject properties will be mitigated through the provision of monetgg proffers that will be received during the conditional zoning process. 6. Housing The development of the subject properties will allow for housing to be developed within the UDA thus implementing the housing goals for suburban residential development specified in the Comprehensive Policy Plan. The County continues to work on policies that direct controlled housing growth within the UDA to reduce governmental service costs and protect the rural areas of the community from sprawl. Expansion of the UDA to include the Solenberger and Bridgeforth properties will allow for the continuation of housing development trends to occur in the correct geographic area of the County. 7. Land Use The development of the Solenberger and Bridgeforth properties will allow for land use patterns that are consistent with the recently adopted Western Juba] Early Land Use Plan The provision of suburban residential land use and mixed land use to provide for service commercial and office development opportunities is appropriate for thiseg ographic area of the community. The development of the subject properties will be consistent with the land use patterns that have occurred along Jubal Early Drive and Cedar Creek Grade in the City of Winchester. File 43237S/EAW Greenway Engineering June 1, 2004 SolenbergerBridgeforth CPPA 8. Libraries The development of the Solenberger and Brid efg_ orth properties will create an increased demand for public library services. Advancements in internet technologies allow for individual households and businesses to obtain information and conduct research without utilizing library services; however, the library system continues to expand its service base as the community grows Capital facilities costs associated with the library system are accounted for in the County's Fiscal Impact Model; therefore development of the subject properties will be mitigated through the provision of monetary proffers that will be received during the conditional zoning process. 9. Parks and Open Space It is envisioned that the Solenberger and Bridgeforth properties will be developed with active recreational amenities and pedestrian and bicycle facilities to allow for on-site recreational opportunities for the end users. Inclusion of active recreational amenities will reduce the impacts to the County's regional park system. Furthermore the development of the subject properties will provide for a monetary proffer for each household that will provide for the fair share cost of capital facilities for the regional park system. 10. Potable Water The development of the subject properties will be accomplished through the extension of the public water system to ensure that potable water is available for all land uses. The Frederick County Sanitation Authority is the water service provider for this geographic area of the County unless their Board grants the authority for service to the City of Winchester Public Utilities. Recent conversations with the FCSA Board indicate that their long-range plans call for a 24 -inch water line to loop Route 37 adjacent to the subject properties. Furthermore, public water lines are already in place adjacent to the subject properties in the City of Winchester. On-site water lines laterals and meters will be paid for by the site developer and tap fees will be generated by the water service provider to allow for investments in upgrades and expansions to the overall water system servicing the community. 11. Schools The development of the Solenberger and Brid efg orth properties will increase the demand for public school services The development of the subjects properties to include service commercial and office land uses will generate tax revenues for the non -school children components that will off set some of the residential impacts. Furthermore, the County's Fiscal Impact Model will be Uplied to all residential land uses to determine the capital facilities impacts that are not covered by the revenues received from real estate taxes and personal File #3237S/EAW Greenway Engineering June 1, 2004 Solenberger/Bridgeforth CPPA property taxes. The development of the subject properties will be further mitigated through the provision of monetary proffers that will be received during the conditional zoningrop cess 12, Sewer The development of the subject properties will be accomplished through the extension of the public sewer system to ensure that public sewer is available for all land uses The Frederick County Sanitation Authority is the sewer service provider for this geographic area of the County unless their Board grants the authority for service to the City of Winchester Public Utilities Recent conversations with the FCSA Board indicate that their staff will conduct a feasibility study to determine if sewer infrastructure can be extended from the Route 50 West area to the subject properties. The FCSA Board has authorized the phase I and phase II implementation of the sewer study that will increase the capacity of the Parkins Mill Wastewater Treatment Plant facility. Currently, the City of Winchester Public Utilities has an 18 -inch sewer transmission line immediately north of the subject properties, as well as an eight -inch sewer line along Cedar Creek Grade. On-site sewer lines, laterals and meters will be paid for by the site developer and tap fees will be generated by the sewer service provider to allow for investments in upgrades and expansions to the overall sewer system servicing the community. 13. Telecommunications It is not envisioned that telecommunications infrastructure will be developed on the subject properties due to the proximity of existing towers and the ability to co -locate telecommunication antennas on the electric transmission lines along Route 37. 14. Transportation The development of the Solenberger and Bridgeforth properties will allow for the implementation of the transportation elements identified in the Western Jubal Early Land Use Plan. In particular, the development of the north to south major collector road that will connect Jubal Early Drive to Cedar Creek Grade (Route 622). Furthermore the Winchester Area Transportation Study (WATS) identifies improvements to Cedar Creek Grade from the existing two-lane rural standard to an urban four -lane divided cross section which will allow for improvements to the existing road system to occur without relying completely on public transportation six-year road funds. It is envisioned that the development of the subject properties will contain pedestrian and bicycle facility components; therefore, the opportunity also exists for intermodal transportation system development and connectivity. File #3237S/EAW Greenway Engineering June 1, 2004 Solenberger/Bridgeforth CPPA A. Other information as may be required by the Director of Planning, the Planning Commission, or Board of County Supervisors during review of the initiation request. The applicant will be notified, in writing, if additional information is required. All applications must also contain the following items: 1. Special Power of Attorney Affidavit 2. Application Review Fee of $2,000 (payable to the Frederick County Treasurer) Applicants should consult the Comprehensive Policy Plan to identify goals, policies or action strategies which are applicable to individual Comprehensive Policy Plan amendment requests. Attachments: Attachment], Owners of Properties within 200 feet Attachment 2, Adjoining Property Map Solenberger/Bridgeforth Attachment 3, Location and Land Use Map Solenberger/Bridgeforth Attachment 4, Special Power ofAttorney Affidavit File #3237S/EAW Greenway Engineering June 1, 2004 Solenberger/Bridgeforth CPPA File #3237B&S/EAWajc OWNERS OF PROPERTIES WITHIN 200 FEET Tax Map # Owner of Record Mailing Address 52-((A))-310 GLAIZE, FRED III & ANN W POST OFFICE BOX 888 WINCHESTER, VA 22604 52-((18))-6 MADISON, DAVIS R & RONDA G 133 PARKINS LANE WINCHESTER, VA 22602 52-((18))-7 CODELLA, DOMENICO & MARIELA 143 PARKINS LANE WINCHEESTER VA 22602 52-((18))-8 ROUSE, JASON & TALMAGE, DAVINA 118PARKINS LANE WINCHESTER, VA 22602 52-(20)(5)-42 MOHR, BRIEN & MARY LOU 106 TWIGG COURT STEPHENS CITY, VA 22655 52-(20)(5)-43 SABBAGH, BASSAM T & FRANCES C 111 RIVERDALE CIRCLE STEPHENSON, VA 22655 52-(20)(5)-54 R&T PACKING CORP C/O F&M TRUST CO POST OFFICE BOX 2800 WINCHESTER, VA 22604 53-((A))-91 GREYSTONE PROPERTIES LLC 13 S LOUDOUN STREET WINCHESTER, VA 22601 53-((A))-92 WILLOW GROVE LC 720 S BRADDOCK STREET WINCHESTER, VA 22601 53-((3))-A WILLOW GROVE LC 720 S BRADDOCK STREET WINCHESTER, VA 22601 53 -((3)) -AI GORDON, JAMES C, JR 324 ORANGE LANE WINCHESTER, VA 22602 62 -((A)) -71A BELL, THOMAS S & KATHY G 4535 SAWGRASS COURT ALEXANDRIA, VA 22312 63 -((A)) -1D TRIPLE S ASSOCIATES POST OFFICE BOX 2368 WINCHESTER, VA 22604 63-((A))-2 GREYSTONE PROPERTIES LLC 13 S LOUDOUN STREET WINCHESTER, VA 22601 63 -((A)) -2A GREYSTONE PROPERTIES LLC 13 S LOUDOUN STREET WINCHESTER, VA 22601 63-((4))-2B COMMONWEALTH OF VIRGINIA POST OFFICE BOX 67 RICHMOND, VA 23218 63-((4))-2C HOLLIDAY, LARRY E SR & TERESA D, 1151 CEDAR CREEK GRADE TRUSTEES WINCHESTER, VA 22602 63 -((A)) -2E BLUE RIDGE GRACE BRETHERN 1025 CEDAR CREEK GRADE WINCHESTER, VA 22602 63 -((A)) -2F RHODES, ROBERT M 1007 CEDAR CREEK GRADE WINCHESTER, VA 22602 File #3237B&S/EAWajc Greenway Engineering June 1, 2004 SolenbergerBridgeforth CPPA Attachment I File #3237B&S/EAW.ajc OWNERS OF PROPERTIES WITHIN 200 FEET Tax Map # Owner of Record Mailing Address 63 -((A)) -2I BEITZEL, MARLIN & DAWN 1115 CEDAR CREEK GRADE WINCHESTER, VA 22602 63 -((A)) -2K C&W PROPERTIES POST OFFICE BOX 221 MILLWOOD, VA 22646 63-((51))-1 RITCHIE, REX E & HELEN J 141 CLAYHIIL DRIVE WINCHESTER, VA 22602 63-((52))-9 HENRY, RICHARD W & BONNIE G 665 GUARD HILL ROAD MIDDLETOWN, VA 22645 63-((52))-10 BRUCE, TROY A & ELAINE L 160 CLAYHILL ROAD WINCHESTER, VA 22602 Attachment I File #3237B&S/EAW.ajc ZONING LEGEND RA RURAL AREAS DISTRICT RP RESIDENTIAL PERFORMANCE DISTRICT R4 RESIDENTIAL PLANNED COMMUNITY R5 RESIDENTIAL RECREATIONAL COMMUNITY M., MOBILE HOME COMMUNITY DISTRICT 81 NEIGHBORHOOD BUSINESS DISTRICT 92 BUSINESS GENERAL DISTRICT 03 INDUSTRIAL TRANSITION DISTRICT MI LIGHT INDUSTRIAL DISTRICT M2 INDUSTRIAL GENERAL DISTRICT EM EXTRACTIVE MANUFACTURING DISTRICT HE HIGHER EDUCATION DISTRICT f!ld,, C,k PROPOSED -LAND USE RESIDENTIAL PLANNkD CoMMUsTrT GO owl/ DDtLDPMMAMY 3ENSITIVE ANSA (DSA) WINCHESTER DATE DS/2A/64 D®16N2D BY: SP All WINCHESTER DATE DS/2A/64 D®16N2D BY: SP Special Limited Power of Attorney County of Frederick, Virginia Plannine Office, County of Frederick, Virginia, 107 North Kent Street, Winchester, Vire_inia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) Trustees of the John T. Solenberger Trust: (Name) Cyndi Solenberger, John Solenberger,Jr. (Phone) 540-664-2467 Jeffrey Solenberger, Stacy See (Address) PO Box 2658 Winchester, VA 22604 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Deed Book 872 477 XkWWM%AV% R72 on Page 474 , and is described as 63 1 A Parcel: 63 Lot: lA Block: A Section: Subdivision: do hereby make, constitute and appoint: (Name) Greenway Engineering (Phone)540-662-4185 (Address) 151 Windy Hill Lane Winchester, VA 22602 To act as my true and lawful attorney-in-fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: ❑ Rezoning (Including proffers) ❑ Conditional Use Permits ❑ Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan X Comprehensive Policy Plan Amendment My attomey-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this day of /7)Z�-f , 200 Signatures :LCI t r� W - 5 V V Stale of Virginia, City/Courcy of 1 red err LK a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who is (are) known to me, personally appeared before me an as acknowledged the same before me in the jurisdiction aforesaid this qday of ffllq , 200L)(1-- My Commission Expires:e,/AT.+' .- I�Yary Public Special Limited Power of Attorney County of Frederick, Virginia Planning Office, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) Jeffrey and Gayle Solenberaer (Phone)64n-titi4-?a67 (Address) 1266 Cedar Creek Grade Wi nrhP.st-,-r, VA 22Ei0.2 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No.020017647 on Page , and is described as Parcel: 63 Lot: I F,— Block: A _ Section: Subdivision: do hereby make, constitute and appoint: (Name) Greenway Engineering (Phone) 540-662-4185 (Address) 151 Windy Hill Lane Winchester, VA 22602 To act as my true and lawful attorney-in-fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: ❑ Rezoning (Including proffers) ❑ Conditional Use Permits ❑ Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan X Comprehensive Policy Plan Amendment My attomey-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or mr%dified In witness thereof, I (we) have hereto set my (our) hand and Signature(s) this o(L d of �� , 200, StaUdof Virginia, City/Cour y of t rPis C� c_K , To -wit: a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who is (are) known to me, personally appeared before me a has acknowledged the same before me in the jurisdiction aforesaid this ,_L, day of tt , 200 O My Commission Expires: <<� � A, Notary Public Special Limited Power of Attorney . County of Frederick, Virginia Planning Office, County, of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) 540-667-1821(William) (Name) Ruth D Bridaeforth William E Bride fe orthj(Phone)540-66 -8 ??(Ruth) 1100 Cedar Creek Grade Winchester, VA 22602 (William) (Address) 1064 Cedar Creek Grade Winchester, VA 22602 (Ruth) the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Will Book 103 63�5([�iam) ftorXXXIMM Dee _ 800k 742 on Page , and is described as Parcel: 6� Lot: �_ Block: _A ec i�n: Subdivision: do hereby make, constitute and appoint: (Address) 151—Windv To act as my true and lawful attorney-in-fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: ❑ Rezoning (Including proffers) ❑ Conditional Use Permits ❑ Master Development Plan (Preliminary and Final) 17 Subdivision ❑ Site Plan X Comprehensive Policy Plan Amendment My attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand �and seal t s2—'A'day of ��1 , 2004-- Sigiiature(s) State of Virginia, Ci ICountyjof_ hk eC_ _,"Ck`, To -.vi±: I,l X,,,rica L - i; JCC:. , a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who is (are) known to me, personally appeared before me and r. cknowledged the same before me in thejurisdiction aforesaid thiS264( ,day of W (, , 200 . My Commission Expires: ic_b a_ �e:, L� 2- , 2� Notary Public STATE OF VIRGINIA COUNTY OF FREDERICK This 151 I, (Day) (TO BE COMPLETED BY APPLICANT) SUB ECT PROPERTY OWNERS AFFIDAVIT' County of Frederick, Virginia Frederick Planning Web Site: www.co.frederickva.us day of , J "0 4 --- (Month) (Year) (Owner/Contract hereby make oath that the list of property owners of the subject site, as submitted with the application, is a true and accurate list based on the information provided by the Frederick County Commissioner of the Revenue Office as taken from the current real estate assessment records. (Owner/Cont act Purcha r uthorized Agent (circle one COMMONWEALTH OF VIRGINIA: County of v-d"7C'L Subscribed and sworn to before me this 16-- day of Jul'je_ . 2-004— in my County and State aforesaid, by the aforenamed P ' 'pal. y� ct-: NOTARY PUBLIC My Commission expires: FC -&Z ',1w..y 2-1112-oc)a R COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 I MEMORANDUM TO: Frederick County Planning Commission FROM: Mark Cheran, Zoning and Subdivision Administrator ,i-- C RE: Discussion: Possible Changes to Section 165-48.7 Flex -Tech and Section 165- 156, Definition of Flex -Tech DATE: November 3, 2004 The Development Review and Regulations Subcommittee (DRRS) at its October 28, 2004, meeting discussed possible changes to Section 165-48.7 Flex Tech and Section 165-156, Definition of Flex - Tech. Staff received a request from John Lewis of Painter -Lewis, P.L.C., to amend and change Sections 165-48.7 and 165-156 of the Frederick County Zoning Ordinance. Staff believes the current Flex -Tech section of the Fredrick County Zoning Ordinance adequately addresses the needs of this use. Also, staff feels any changes to the Flex -Tech section will allow greater retail activity in the B-3 (Industrial Transition) District and M-1 (Light Industrial) District. Staff believes this is not the intent of the B-3 and M-1 Zoning Districts, and undermines the integrity of the Frederick County Zoning Ordinance. The Flex -Tech as currently written allows a single user the flexibility to introduce a small retail component (less than 25 percent) of an industrial/manufacturing use. Staff does not support this proposed amendment as written and believes the current Flex -Tech ordinance addresses the users' needs. The current and proposed ordinance sections and definitions are included for your review. (See attachments) This proposed ordinance amendment is presented as a discussion item to enable the Planning Commission to raise issues and seek clarification. Staff will be available to respond to your questions. Comments raised during this discussion will be forwarded to the Board of Supervisors for their consideration. MRC/bad Attachments 107 North Rent Street, Suite 202 v Winchester, Virginia 22601-5000 § 165-48.6 ZONING § 165-48.7 commercial telecommunication facility towers shall utilize infrared lighting and motion -detector lighting to prevent continuous illumination. (5) Commercial telecommunication facilities shall be constructed with materials of a galvanized finish or painted a noncontrasting blue or gray unless otherwise mandated by the Federal Aviation Administration or the Federal Communication Commission. (6) Commercial telecommunication facilities shall be adequately enclosed to prevent access by persons other than employees of the service provider. Appropriate landscaping and opaque screening shall be provided to ensure that equipment buildings and other accessory structures are not visible from adjoining properties, roads or other rights-of-way. (7) Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such tower shall remove same within 90 days of receipt of notice from the Frederick County Department of Planning and Development. Removal includes the removal of the tower, all tower and fence footers, underground cables and support buildings. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower. If the tower is not removed within the ninety - day period, the county will remove the facility and a lien may be placed to recover expenses. § 165-48.7. Flex -tech uses. [Added 2-11-19981 The intent of this section is to ensure that flex -tech development shall be designed for safe, efficient traffic flow and to complement its surroundings. The following minimum standards shall apply to any property in which flex -tech developments are located, in order to promote economic development and mitigate any negative impacts to adjoining properties: A. Permitted uses. All uses allowed in the B2, B3 and M1 Districts will be permitted in a flex -tech development. (1) Primary use. The primary use shall be a use permitted by the zoning district in which the development is located. The primary 16572.3 8_1 - 98 § 165-48.7 FREDERICK COUNTY CODE § 165-48.7 use shall occupy a minimum of 75% of an establishment, measured in gross floor area of the unit. (2) Accessory use. The accessory use shall be a use permitted in flex -tech but not necessarily in the district in which the development is located. B. The flex -tech development shall only be permitted within approved master planned developments, the approved master plan shall indicate location of the flex -tech development. C. All flex -tech developments shall adhere to a site plan that has been approved by the Frederick County Zoning Administrator and complies with the requirements set forth in this chapter and to the following flex -tech design standards: (1) Individual unit size dimensional requirements. Maximum unit sizes shall be 20,000 square feet. (2) Site layout requirements. (a) Loading bays. [11 All loading bays shall be located so that they are not visible from road rights-of-way. All loading bays shall be screened from view by the building, landscaping, walls or decorative fencing. [21 Except during the process of loading or unloading, trucks and trailers shall not be parked outside the building, unless parked in screened areas not visible from adjacent road rights-of-way or properties. [3) The Planning Commission may waive any and all of the loading bay location and screening requirements when a site is bordered by two or more road rights-of-way. In no case shall a loading bay be visible from an arterial or collector road, as identified by the Frederick County Comprehensive Policy Plan. (b) Minimum on-site building separation shall be as follows: Ill Front yard: 30 feet. [21 Side yard: 30 feet. [31 Rear yard: 120 feet. 16572.4 8-1-98 § 165-156 ZONING § 165-156 program of services and protective supervision in a home setting. [Added 9-12-20011 FAST-FOOD RESTAURANT— Any establishment whose principal business is the sale of food or beverages in a ready -to -consume state with a rapid turnover of customers. Food is provided for consumption on or off the premises. Such establishments usually involve customer self-service and the serving of food in disposable or edible containers. FIRE CODE — The fire protection regulations adopted by the Frederick County Board of Supervisors. FLEET MAINTENANCE FACILITY, MEDICAL AND ALLIED HEALTH — A structure or facility designed to maintain vehicles, aircraft and equipment associated with medical and allied health services. [Added 9-12-20011 �--- FLEX -TECH — A development concept that accommodates aspects of retail, manufacturing, wholesale and warehousing by an individual user within a single structure. Such development is designed to accommodate users that require flexibility in their square footage allocation. A typical flex -tech user would be a small business that initially requires a relatively small square footage but may increase the business` square footage as the strength of the business improves. [Added 2-11-19981 FLOOD -FRINGE DISTRICT— The portions of the floodplain not included in the Floodway District. FLOODPLAIN — A relatively flat or low land area adjoining a river, stream or watercourse which is subject to partial or complete inundation resulting from a storm with an average frequency of once per every 100 years. FLOODPLAIN DISTRICT — An area for which the floodplain boundary has been established or approximated on the Flood Insurance Rate Maps of the United States Department of Housing and Urban Development or by other acceptable methods described by this chapter. FLOODWAY — The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. [Added 8-12-19921 16695 10-25- 2001 § 165-156 FREDERICK COUNTY CODE § 165-156 FLOODWAY DISTRICT— The channel portions of the floodplain capable of carrying the waters of a flood occurring with an average frequency of once per every 100 years without increasing the water surface elevation of that flood by more than one foot. FLOOR AREA, GROSS —The sum of the gross horizontal areas of the several floors of a building measured from the exterior face of exterior walls or from the center line of a wall separating two buildings. FLOOR AREA RATIO — The gross floor area of all buildings divided by the lot area. FULL SCREEN — A landscaped easement containing plants or other features which provide a complete visual screen. GARAGE, BODY REPAIR — A building or portion thereof, other than a private garage or public garage, designed or used for body or fender repair or spray painting. GARAGE, PRIVATE — A deck, building or structure or part thereof used or intended to be used for the parking and storage of vehicles. GARAGE, PUBLIC — A building or portion thereof, other than a private garage, designed or used for servicing, repairing or equipping motor vehicles, but not including spray painting, body or fender repair, service stations or vehicle sales. GOLF COURSE — A tract of land used for playing golf, improved with tees, greens, fairways and other features, including accessory uses and structures. GOLF DRIVING RANGE — An area in which individuals drive golf balls from a central tee. GROSS AREA— The total area of the land contained within the boundaries of the lot or tract or within the perimeter boundaries of a development. .. GROSS DENSITY — The total number of dwellings divided by the total gross area within the perimeter boundaries of a development. The "gross density" within a section of a development shall be the number of dwellings in the section divided by the total area of residential lots, common yard areas, common open space required in the section and right-of-way areas of roads and easements that are interior to the section. 16696 10-25-2001 Monday, February 16, 2004 Definitions 165-156 FLEX -TECH - A development concept that accommodates aspects of retail, office, manufacturing, wholesale, and warehousing within a single development. Such development is designed to accommodate users that (1) require flexibility in the mixture of floor area uses within their building or square footage allocation and (2) require large floor areas for display or function without being located in a typical retail or warehousing center. A typical flex -tech user would be a business that requires the combination of uses typically allowed in dissimilar zoning districts, such as retail and warehousing, or office and distribution. 165-48.7 Flex -tech uses. APPLICANT'S DRAFT The purpose of the overlay district is to permit light industrial, assembly, manufacturing, distribution, and service facilities that may have an office or retail component that also require large amounts of floor area for support facilities without a corresponding need for large amounts of automobile parking area for customers. The district will permit a broad range of uses withun =a development with carefully organized buildings, service areas, parking;- and delivery areas. The flex -tech overlay distract;shall provide safe and adequate separataor of delivery vehicles end=ernloee �icles from customer auto h obiles. No more than `4D% of 'the gross floor aitea of 66ch individual building shall be used for used other ;than thosepa":Ii ed in the underlying zoning district. A. Permitted Auses-All :uses allowed in the B2, B31 artd 11/11., Distracts will bb permitted in a flex -tech development. (1) Floor Area Allocation: A minimum of 60% of the gross floor area of each individual building within the development shall be reserved for uses permitted by the zoning district in which the development is located. B. The flex -tech development shall only be permitted within approved master planned developments, the approved master plan shall indicate the location of the flex -tech development. C. All flex -tech developments shall adhere to a site plan that has been approved by the Frederick County Zoning Administrator and shall comply with the requirements set forth in this chapter. In addition, the following flex -tech design standards shall apply to those uses specifically permitted by the flex -tech overlay: (1) Site layout requirements. a) Loading bays: 1) All loading bays shall be located so that they are not visible from road rights-of-way. All loading bays shall be screened from view by the building, landscaping, walls, or decorative fencing. Monday, February 16, 2004 b) c) 2) Except during the process of loading or unloading, trucks and trailers shall not be parked outside the building, unless parked in screened areas not visible from adjacent road rights-of-way or properties of less intensive zoning. 3) The Planning Commission may waive any and all of the loading bay location and screening requirements when a site is bordered by two or more road rights-of-way. In no case shall a loading bay be visible from an arterial or collector road, as identified by the Frederick County Comprehensive Policy Plan. Automobile parking and truck loading areas shall be clearly delineated and shall promote safe and convenient on-site circulation. Parking shall be designed to accommodate the most intensive use of the structures. Parking may be constructed in phases to reflect required parking for the actual occupying uses, as determined by the application for a certificate of occupancy and/or change of use permit. M i 1 } TEnr e�eF M i COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 MEMORANDUM TO: Frederick County Planning Commission FROM: Mark Cheran, Zoning and Subdivision Administratorzole— — RE: Discussion: Section 165-50 Allowed Uses in the RA (Rural Areas) Zoning District of the Frederick County Zoning Ordinance regarding public utility generating facilities DATE: November 3, 2004 The Development Review and Regulations Subcommittee (DRRS) at its October 28, 2004, meeting discussed public utility generating facilities as a by -right use in the RA (Rural Areas) Zoning District. The DRRS believes that this use should require a Conditional Use Permit (CUP), to allow the Planning Commission and Board of Supervisors more oversight. Staff is seeking direction from the Planning Commission to remove Section 165-50 Q of the Frederick County Zoning Ordinance. Staff would recommend adding public utility generating facilities to Section 165-51DD Conditional Uses in the RA Zoning District. This proposed change would not affect any booster stations or transmission lines. The current requirements are included for your review. (See attachments) This proposed ordinance amendment is presented as a discussion item to enable the Planning Commission to raise issues and seek clarification. Staff will be available to respond to your questions. Comments raised during this discussion will be forwarded to the Board of Supervisors for their consideration. Proposed Amendment Section 165-51 DD: DD. Public utility facilities. MRC/bbd Attachment 107 North Rent Street, Suite 202 a Winchester, Virginia 22601-5000 Existine: §165-50 Permitted uses. Structures and land shall be used for one of the following uses: A. Agriculture, farming, dairies and forestry. B. Orchards, horticulture and the production of nursery stock and products. C. Single-family dwellings. D. Mobile homes. E. Schools (without residential component) F. Public parks and playgrounds. G. Churches. H. Home occupations. I. Natural conservation areas. J. Winchester Airport. K. Group homes. L. Fire stations, companies and rescue squads. M. Frederick County sanitary landfill. N. Commercial and institutional cemeteries with or without funeral homes or cemetery office complexes. O. Post office. P. Radio and television towers and their accessory buildings Q. Public utility generating, booster or relay stations, transformer substations, transmission lines and towers, pipes, meters and other facilities, railroad facilities and sewer and water facilities and lines owned by public utilities, railroad companies or public agencies. R. Required off-street parking S. Oil and natural gas exploration, provided that the following requirements are met: (1) All requirements of the Code of Virginia, as amended, and all applicable federal, state and local regulations shall be met. (2) A site plan shall be reviewed and approved meeting all requirements of the Frederick County Code. (3) Approval of the site plan and use shall be for ninety (90) days, with subsequent renewals being approved by the Planning Commission. (4) In order to begin extraction of the resource, a rezoning to the EM (Extractive Manufacturing) Zoning District will be required. T. Museums, parks or historic sites used for educational or historic preservation purposes. U. Business signs. V. Directional signs. W. Cottage occupation signs. X. Accessory uses. Y. Poultry farms and hatcheries and egg production. Z. Fish hatcheries and fish production. AA. Hog farming. It shall be unlawful for any person to have or maintain or to permit to be erected, in the county, any hog pen that is located closer than two hundred (200) feet to a residence or an adjoining property that is used for human habitation. § 165-50 ZONING § 165-51 (3) Approval of the site plan and use shall be for ninety (90) days, with subsequent renewals being approved by the Planning Commission. (4) In order to begin extraction of the resource, a rezoning to the EM Extractive Manufacturing Zoning District will be required. T. Museums, parks or historic sites used for educational or historic preservation purposes. U. Business signs. V. Directional signs. W. Cottage occupation signs. X. Accessory uses. Y. Poultry farms and hatcheries and egg production. [Added 4-26-1995] Z. Fish hatcheries and fish production. [Added 4-26-19951 AA. Hog farming. It shall be unlawful for any person to have or maintain or to permit to be erected, in the county, any hog pen that is located closer than two hundred (200) feet to a residence or an adjoining property that is used for human habitation. [Added 4-26-19951 § 165-51. Conditional uses. The following uses of structures and land shall be allowed only if a conditional use permit has been granted for the use: A. (Reserved)' B. (Reserved)2 C. (Reserved)3 D. Fruit packing plants. E. Manufacture or sale of feed and other farm supplies and equipment. 1 Editor's Note: Former Subsection A, Poultry farms and hatcheries and egg production, was repealed 4-26-1995. See now § 165-50Y. 2 Editor's Note: Former Subsection B, Fish hatcheries and fish production, was repealed 4-26-1995. See now § 165-50Z. 3 Editor's Note: Former Subsection C, Hog farming, as amended 12-9-1992, was repealed 4-26-1995. See now § 165-50AA. 16573 6-25-95 § 165-51 FREDERICK COUNTY CODE § 165-51 F. Off -premises wayside stands. G. Country general stores. H. Service stations. I. Antique shops. J. Restaurants. K. Kennels. L. Television or radio stations. M. Motels. N. Auction houses. O. Campgrounds, tourist camps, recreation areas and resorts. P. Commercial outdoor recreation, athletic or park facilities. Q. Nationally chartered fraternal lodges or civic clubs, social centers and their related facilities. R. Sawmills and planing mills, Type B. S. Ambulance services. T. Retailing or wholesaling of nursery stock and related products. U. Landscape contracting businesses. V. Public garages without body repair, provided that the following conditions are met: (1) All repair work shall take place entirely within an enclosed structure. (2) All exterior storage of parts and equipment shall be screened from the view of surrounding properties by an opaque fence or screen at least five (5) feet in height. This fence or screen shall be adequately maintained. W. Public garages with body repair, provided that the following conditions are met: (1) All repair work shall take place entirely within an enclosed structure. (2) All exterior storage of parts and equipment shall be screened from the view of surrounding properties by an opaque fence or 16574 6-25-95 § 165-51 ZONING § 165-51 screen at least five (5) feet in height. This fence or screen shall be adequately maintained. X. Sand, shale and clay mining, provided that the following conditions are met: (1) All mining shall be above the mean, existing grade level of a parcel of land. (Cont'd on page 16575) 16574.1 6-25-95 § 165-52 ZONING § 165-54 (2) All mining operations shall meet all applicable requirements of state and federal agencies. (3) Such mining operations shall meet the landscaping and screening requirements, supplementary regulations, height, area and bulk regulations and site plan requirements contained in the EM Extractive Manufacturing District regulations. Y. Cottage occupations. Z. Veterinary office, clinic or hospital. AA. Day-care facilities. [Added 8-8-19901 BB. Humanitarian aid organizational office. [Added 1-27-19991 CC. Schools (with residential component). [Added 10-27-19991 § 165-52. Permitted residential density; exception. [Amended 12-11-19911 A. The maximum density permitted on any parcel or group of parcels shall not exceed the equivalent of one unit per five acres as determined by the size of the parent tract as it existed on the date of adoption of this section. B. Exception to permitted density. On lots containing between seven and 10 acres which were lots of record prior to the adoption of this article, lots of two or more acres may be created despite the density limit of one unit per five acres, provided that they meet the requirements of § 165-54B of this chapter. Within subdivisions utilizing rural preservation lots, the forty -percent parcel shall not count against the permitted density of the parent tract. § 165-53. Minimum lot size. [Amended 12-11-19911 The minimum lot size for permitted uses shall be two acres. § 165-54. Permitted lot sizes. [Amended 8-8-1990; 12-11-19911 The following types of lots shall be permitted: A. Traditional five -acre lots. On any parcel, lots of five acres in size or greater shall be permitted. 16575 8-20-2002