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PC 03-18-15 Meeting Agenda AGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia March 18, 2015 7:00 P.M. CALL TO ORDER TAB 1) Adoption of Agenda: Pursuant to established procedures, the Planning Commission should adopt the Agenda for the meeting ................................................................ (no tab) 2) February 18, 2015 Minutes .............................................................................................. (A) 3) Committee Reports .................................................................................................. (no tab) 4) Citizen Comments ................................................................................................... (no tab) PUBLIC HEARING 5) Discontinuance and Abandonment – Gold Orchard Road (Route 708) – The Planning Commission of the County of Frederick will hold a public hearing to consider a proposal to abandon Gold Orchard Road (Route 708), from .02 miles north of Carpers Pike (Route 259), until the end of State Maintenance, per §33.1-151, Code of Virginia, 1950, as amended. Mr. Bishop ...................................................................................................................... (B) Other Adjourn Work Session - 2015 Annual Retreat Commonly Used Planning Agenda Terms  Meeting format  Citizen Comments – The portion of the meeting agenda offering an opportunity for the public to provide  comment to the Planning Commission on any items not scheduled as public hearing items.    Public Hearing– A specific type of agenda item, required by State law, which incorporates public comment as a  part of that item prior to Planning Commission or Board of Supervisors action. Public hearings are held for  items such as: Comprehensive Plan policies and amendments; Zoning and Subdivision Ordinance  amendments; and Rezoning and Conditional Use Permit applications. Following the Public Hearing, the  Planning Commission will take action on the item (see below).     Action Item–There are both public hearing and non‐public hearing items on which the Planning Commission  takes action. Depending on the actual item, the Planning Commission may approve, deny, table, or forward a  recommendation to the Board of Supervisors regarding the agenda item.  No public comment is accepted  during the Action Item portion of the agenda.    Information/Discussion Item– The portion of the meeting agenda where items are presented to the Planning  Commission for information and discussion.  The Planning Commission may offer comments and suggestions,  but does not take action on the agenda item.  No public comment is accepted during the  Information/Discussion Item portion of the agenda.    Planning Terminology  Urban Development Area or UDA – The UDA is the county’s urban growth boundary identified in the  Comprehensive Plan in which more intensive forms of residential development will occur. The UDA is an area  of the county where community facilities and public services are more readily available and are provided more  economically.      Sewer and Water Service Area or SWSA – The SWSA is the boundary identified in the Comprehensive Plan in  which public water and sewer is or can be provided.  The SWSA is consistent with the UDA in many locations;  however the SWSA may extend beyond the UDA to promote commercial, industrial, and institutional land uses  in area where residential land uses are not desirable.    Land Use – Land Use is the nomenclature which refers to the type of activity which may occur on an area of  land. Common land use categories include: agricultural, residential, commercial, and industrial.    Zoning District ‐ Zoning district refers to a specific geographic area that is subject to land use standards.  Frederick County designates these areas, and establishes policies and ordinances over types of land uses,  density, and lot requirements in each zone. Zoning is the main planning tool of local government to manage  the future development of a community, protect neighborhoods, concentrate retail business and industry, and  channel traffic.  Rezoning – Rezoning is the process by which a property owner seeks to implement or modify the permitted  land use activities on their land.  A rezoning changes the permitted land use activities within the categories  listed above under Land Use.    Conditional Use Permit or CUP ‐ A CUP allows special land uses which may be desirable, but are not always  appropriate based on a location and surrounding land uses. The CUP requested use, which is not allowed as a  matter of right within a zoning district, is considered through a public hearing process and usually contains  conditions to minimize any impacts on surrounding properties.     Ordinance Amendment – The process by which the County Code is revised.  Often the revisions are the result  of a citizen request with substantial justification supporting the change. Amendments ultimately proceed  through a public hearing prior to the PC forwarding a recommendation to the Board of Supervisors.    County Bodies Involved  Board of Supervisors or BOS ‐ Frederick County is governed by an elected Board of Supervisors composed of  seven members, one from each magisterial district, and one chairman‐at‐large. The Board of Supervisors is the  policy‐making body of the county. Functions of the Board of Supervisors related to planning include making  land use decisions, and establishing growth and development policies.    Planning Commission or PC ‐ The PC is composed of 13 members, two from each magisterial districts and one  at‐large, appointed by the Board of Supervisors. The Planning Commission serves in an advisory capacity to the  Board of Supervisors which then takes final action on all planning, zoning, and land use matters.     Comprehensive Plans and Programs Committee or CPPC – The CPPC is a major committee of the PC whose  primary responsibility is to formulate land use policies that shape the location and timing of development  throughout the County.  Included in the work are studies of specific areas to develop guidelines for future land  use within those areas. The CPPC also considers requests for amendments to the Comprehensive Plan.   Decisions by CPPC are then forwarded to the PC for consideration.    Development Review and Regulations Committee or DRRC – The DRRC is the second major committee of the  PC whose primary responsibilities involve the implementation of the Comprehensive Plan in the form of  Zoning and Subdivision ordinance requirements. Requests to amend the ordinances to the DRRC are made by  the Board of Supervisors, Planning Commission, local citizens, businesses, or organizations.  DRRC decisions  are also forwarded to the PC for consideration.     A Frederick County Planning Commission Page 3184 Minutes of February 18, 2015 MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on February 18, 2015. PRESENT: June M. Wilmot, Chairman/Member at Large; Roger L. Thomas, Vice Chairman/Opequon District; Robert S. Molden, Opequon District; Gary R. Oates, Stonewall District; J. Stanley Crockett, Stonewall District; Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel, Shawnee District; Greg L. Unger, Back Creek District; J. Rhodes Marston, Back Creek District; Kevin Kenney, Gainesboro District; Christopher M. Mohn, Red Bud District; Charles F. Dunlap, Red Bud District: Roderick B. Williams, County Attorney; Robert Hess, Board of Supervisors Liaison. ABSENT: Charles E. Triplett, Gainesboro District; J. Stanley Crockett, Stonewall District. STAFF PRESENT: Eric R. Lawrence, Planning Director; Michael T. Ruddy, Deputy Director; Candice E. Perkins, Senior Planner; and Shannon Conner, Administrative Assistant. ----------- CALL TO ORDER Chairman Wilmot called the February 18, 2015, meeting of the Frederick County Planning Commission to order at 7:00 p.m. Chairman Wilmot commenced the meeting by inviting everyone to join in a moment of silence. ------------- ADOPTION OF AGENDA Upon motion made by Commissioner Oates and seconded by Commissioner Thomas, the Planning Commission unanimously adopted the agenda for this evening’s meeting. ------------- MINUTES Upon motion made by Commissioner Oates and seconded by Commissioner Dunlap, the Planning Commission unanimously adopted the minutes of their December 17, 2014 and January 7, 2015 meetings. Frederick County Planning Commission Page 3185 Minutes of February 18, 2015 COMMITTEE REPORTS Transportation Committee - 1/26/15 Mtg. Commissioner Oates reported there were three items discussed: abandonment request by Cordell Watt on Golds Orchard Road; proffer modification to Petticoat Gap Lane; update on the House Bill 2 and the standards for road funds which has no resolution at this time. Comprehensive Plans Programs Committee (CPPC) - 2/09/15 Mtg. Commissioner Mohn reported there was a productive discussion regarding the Kernstown Area Plan. He also noted this will be discussed at the Planning Commission Retreat. Winchester Planning Commission - 2/17/15 Mtg. Commissioner Kenney, Liaison to the Winchester Planning Commission, reported there were two items on the agenda: Public Hearing for larger signage along the Amherst Street Corridor and the Corridor Enhancement District; Rezoning on Linden Drive that has been tabled for 60 days. Board of Supervisors Report – 1/14/15 and 1/28/15 Mtgs. Board of Supervisors’ Liaison, Supervisor Robert Hess, reported the Board of Supervisors met on January 14, 2015 at which time a request was approved from the applicant of REZ #02-14 Heritage Commons to postpone the rezoning until March 11, 2015. The board also approved a request to waive a Category C Zoning District Buffer requirement which met the criteria of the zoning ordinance. On January 28, 2015 the board discussed the Comprehensive Policy Plan Amendment (CPPA) for inclusion of the Blaine Properties in the Sewer and Water Service Area (SWSA). The Capital Improvements Plan (CIP) was also discussed at the meeting. Mr. Hess noted that both items have been moved forward for Public Hearing. ------------- Committee Appointments Development Review & Regulations Committee Chairman Wilmot announced the appointments as follows: Greg Unger, Planning Commission Member, Back Creek District; Kevin Kenney, Planning Commission Member, Gainesboro District; Gary Oates, Planning Commission Member, Stonewall District; Lawrence Ambrogi, Planning Commission Member, Shawnee District; Roger Thomas, to serve ex-officio, Planning Commission Frederick County Planning Commission Page 3186 Minutes of February 18, 2015 Member, Opequon District; June Wilmot, to serve ex-officio, Planning Commission Chairman, At Large; Jay Banks, Citizen Member, Back Creek District; Tim Stowe, Citizen Member, Back Creek District; Dwight Shenk, Citizen Member, Gainesboro District; Whitney Wagner, Citizen Member, Stonewall District. Comprehensive Plans & Programs Committee Chairman Wilmot announced the appointments as follows: Christopher Mohn, Planning Commission Member, Red Bud District; Gary Oates, Planning Commission Member, Stonewall District; J. Rhodes Marston, Planning Commission Member, Back Creek District; H. Paige Manuel, Planning Commission Member, Shawnee District; Robert Molden, Planning Commission Member, Opequon District; Roger Thomas, to serve ex-officio, Planning Commission Member, Opequon District; June Wilmot, to serve ex-officio, Planning Commission Chairman, At Large; James Golladay, Citizen Member and former Chairman of the Planning Commission; Kay Dawson, Citizen Member, Red Bud District; Tony Morelli, Citizen Member, Opequon District. ------------- Citizen Comments Chairman Wilmot called for citizen comments on any subject not currently on the Planning Commission’s agenda or any item that is solely a discussion item for the Commission. Mrs. Dorothy Carriker, of Downing Circle Stephens City VA, spoke in opposition of REZ #05-14 CB Ventures, LLC. She voiced her concerns on the following: safety for her neighborhood and the school children at the nearby middle school; neighborhood privac y; character of neighborhood; height of structure and lighting; traffic with current Aylor Road and projected new road alignment. Mrs. Carriker noted she does not feel this rezoning is adequate for the existing property. Mr. Alan Moeck, of Downing Circle Stephens City VA, spoke in opposition of REZ #05- 14 CB Ventures, LLC. Mr. Moeck noted his concern with the amount of lighting that will be needed for a large structure on this property. He explained that he is already affected by ligh ting at an adjacent building. Mr. Ulysses Carriker, of Downing Circle Stephens City VA, requested that the property owners come speak to him and folks in the neighborhood. He noted he would like to have a civil conversation with the property owners to see exactly what they have in mind to put on this property. Chairman Wilmot asked if there were any additional comments, no one came forward and Chairman Wilmot closed the citizen comments portion of the meeting. ------------- Frederick County Planning Commission Page 3187 Minutes of February 18, 2015 PUBLIC HEARING 2015 – 2016 Capital Improvement Plan (CIP). The CIP is a prioritized list of capital projects requested by various County Departments and Agencies. The Plan is created as an informational component of the 2030 Comprehensive Plan. Action – Recommended Approval Deputy Planning Director, Michael T. Ruddy, provided an overview of the proposed 2015 – 2016 Capital Improvements Plan (CIP). It was noted by Mr. Ruddy, the CIP has gone through the Comprehensive Plans and Programs Committee (CPPC) and was endorsed in December, 2014. Mr. Ruddy reported the CIP includes eighty-eight projects, including several new projects. He noted this continues to reinforce the connection between the CIP and the County’s Comprehensive Plan in addition to rezonings. Mr. Ruddy reiterated the CIP continues to be exemplified in collaboration with Frederick County Public Schools and the Parks and Recreation Department. It was noted this year’s CIP continues to include the individual Fire and Rescue Company requests as a subcomponent. Mr. Ruddy explained the CIP also includes other components: Schools, Parks and Recreation, Regional Library, Transportation, Winchester Regional Airport, County Administration, and Fire and Rescue. Mr. Ruddy touched briefly on some of the projects that are moving forward and that have been added. He noted the replacement of Frederick County Middle School and the construction of the Round Hill Fire Station are moving forward. Also noted were several items that have moved off of the Winchester Regional Airport CIP due to parcel acquisition around the runway. Mr. Ruddy reported new and modified projects are: County Administration, the Joint Judicial Center renovation/new facility a two phase project to accommodate the additional needs of the court system; Parks and Recreation, pool complex renovations followed by the Snowden Bridge Park development, and the Indoor Aquatics Center; Frederick County Schools, renovation to the Dowell J. Howard Center; Public Works, citizens convenience site at Clearbrook to be relocated to accommodate citizens in that area; Winchester Regional Airport, general aviation terminal; Fire and Rescue items remain the same. Chairman Wilmot called for anyone who wished to speak regarding the 2015 – 2016 Capital Improvement Plan (CIP) to come forward. Mr. Tag Grove, Coach of the Winchester Swim Team came forward to speak in support of the Indoor Aquatics Center project. Mr. Grove gave a brief overview depicting the amount of local involvement in swimming. He noted his current team has reached its maximum amount of children due to the lack of an adequate facility. Mr. Grove expressed the health benefits to the young and old and the enhancement on the local quality of life this project would provide. Ms. Jessica DeJong, President of Valley Swim Team Phoenix reinforced the need for an Indoor Aquatics Center. She believes this would be a wonderful addition to the community. Mr. Will Sigler, Coach of the Millbrook High School swim team spoke in support of an Indoor Aquatics Center in Frederick County. He also expressed the health benefits this project would provide. Ms. Victoria Reese, Student at Sherando High School commented on the need for an Indoor Aquatics Center. She believes due to inadequate facilities thus resulting in the late times students Frederick County Planning Commission Page 3188 Minutes of February 18, 2015 are forced to practice have had a negative impact on the academics of the athletes. She also expressed the health benefits this project would have for the elderly in our community. Chairman Wilmot commented this project has been in the works for a long time and she is hopeful it will continue to move forward. Commissioner Thomas commented there is a long history of swimmers in his family and he feels swimming is a lifestyle enhancer. Mr. Thomas would like the Planning Department staff to ensure the Board of Supervisors are made aware of the significant amount of support that was shown for the Indoor Aquatic Center by the citizens present at the meeting. Chairman Wilmot called for anyone else who wished to speak regarding this Public Hearing to come forward. No one came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. Upon motion made by Commissioner Thomas and seconded by Commissioner Dunlap BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend approval of the 2015 – 2016 Capital Improvement Plan (CIP). The CIP is a prioritized list of capital projects requested by various County Departments and Agencies. The Plan is created as an informational component of the 2030 Comprehensive Plan. (Note: Commissioner Triplett and Commissioner Crockett were absent from the meeting.) ------------- 2030 Comprehensive Plan Amendment, CPPA #01-14, Blain Properties Sewer and Water Service Area (SWSA) Inclusion. A change to the SWSA boundary to affect the following parcels, totaling approximately 140 acres, 33-A-78A, 33-A-113, 33-A-114C, 33-A-123A, 33-A-124, 33-A-77B, and 33- A-72. These properties are currently designated in the 2030 Comprehensive Plan for future commercial and industrial land uses. The properties are generally located south of Cedar Hill Road, (Route 671), north of Hopewell Road, (Route672), and west of Interstate 81, and are located in the Stonewall Magisterial District. Action – Recommended Approval Commissioner Oates said he would abstain from all discussions on this item due to a possible conflict of interest. Deputy Planning Director, Michael T. Ruddy, presented an overview of the proposed application, 2030 Comprehensive Plan Amendment, CPPA #01-14, Blain Properties Sewer and Water Service Area (SWSA) Inclusion. Mr. Ruddy noted a change to the SWSA boundary to include approximately 140 additional acres in the vicinity of the Blain properties to the SWSA. Mr. Ruddy explained this is a draft amendment to the 2030 Comprehensive Plan, appendix I – Area Plans, The Northeast Frederick Land Use Plan. Mr. Ruddy reiterated the properties are currently designated with a commercial and industrial land use. Frederick County Planning Commission Page 3189 Minutes of February 18, 2015 Mr. Ruddy reported the Comprehensive Plans and Programs Committee (CPPC) endorsed this request at their November 10, 2014 meeting. The CPPC recommended the road alignment and land use areas be modified slightly to ensure the road was in a logical location consistent with the property line and existing road and that the areas of land use were completely within the SWSA. Mr. Ruddy noted the CPPC expressed it would be helpful to include language to this effect in the amended land use plan. Chairman Wilmot opened the public hearing and called for anyone who wished to speak regarding this request to come forward. No one came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. Chairman Wilmot commented she is concerned with the capacity of the Sewer and Water System in this area. Upon motion made by Commissioner Mohn and seconded by Commissioner Dunlap BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend approval of the 2030 Comprehensive Plan Amendment, CPPA #01-14, Blain Properties Sewer and Water Service Area (SWSA) Inclusion. A change to the SWSA boundary to affect the following parcels, totaling approximately 140 acres, 33-A-78A, 33-A-113, 33-A-114C, 33-A-123A, 33-A-124, 33-A-77B, and 33-A-72. These properties are currently designated in the 2030 Comprehensive Plan for future commercial and industrial land uses. (Note: Commissioner Triplett and Commissioner Crockett were absent from the meeting) ------------- PUBLIC MEETING: Rezoning #05-14 CB Ventures, LLC., submitted by CB Ventures, LLC., to rezone 2.42 acres of property from B1(Neighborhood Business) District to B2 (General Business) District with proffers. The property is located at 1033 Aylor Road in Stephens City and is identified by Property Identification Numbers 74-((A))-104 and 74-((A))-105 in the Opequon Magisterial District. Action – Recommended Denial Commissioner Molden said he would abstain from all discussion on this item due to a possible conflict of interest. Deputy Planning Director, Michael T. Ruddy provided and overview of REZ #05-14 CB Ventures, LLC. He noted since the Planning Commissions Public Hearing held January 7, 2015 the Applicant has provided a modified proffer statement (Revision Date: February 5, 2015) to prohibit two uses: Gasoline Service Stations and Veterinary Offices. In addition, a proffer addressing the allowed building height has been added. Mr. Ruddy explained the maximum building height for an office building or hotel/motel shall be fifty (50) feet. He noted this is a reduction of ten (10) feet from what is currently prohibited by the Zoning Ordinance. Mr. Ruddy reported the County Attorney has reviewed the revised proffer statement and it is in the proper legal form. Frederick County Planning Commission Page 3190 Minutes of February 18, 2015 Mr. Ruddy presented two exhibits provided by the Applicant for review. The first exhibit is a cross section which shows the proposed buffer location, the existing single and two story residential homes, and a potential hotel/office building. The second exhibit provided is a photograph that shows the existing property for which the rezoning is being requested and the residential land uses at the rear of the property. Commissioner Thomas referred to the sketch provided by the Applicant and voiced concern with the height of a building on this property due to the current elevation of the land compared to the residential neighborhood located directly behind it. Commissioner Unger also expressed concern with the height of a building on the property and does not feel the exhibits provided adequately address this issue. Commissioner Thomas explained he cannot support this application without more significant proffers. Expressed by Commissioner Mohn, the B2 (General Business) zoning is more suitable for a larger area and this site is too small. Commissioner Thomas made a motion to recommend denial of this rezoning to the Board of Supervisors. This motion was seconded by Commissioner Dunlap and passed by a unanimous vote. BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously deny approval of Rezoning #0514 CB Ventures, LLC., submitted by CB Ventures, LLC., to rezone 2.42 acres of property from B1 (Neighborhood Business) District to B2 (General Business)District with proffers. The property is located at 1033 Aylor Road in Stephens City and is identified by Property Identification Numbers 74-((A))-104 and 74-((A))-105 in the Opequon Magisterial District. (Note: Commissioner Triplett and Commissioner Crockett were absent from the meeting.) ------------- INFORMATIONAL/DISCUSSION ITEM: Farm Breweries – discussion on revisions to the Zoning Ordinance to include farm breweries with farm wineries, consistent with the State Code. No Action Required Senior Planner, Candice E. Perkins reported in 2009 Frederick County adopted standards for farm wineries per the requirements of a state code change. She explained an amendment was presented to include farm wineries as a permitted use in the RA (Rural Areas) District. Ms. Perkins noted in 2014 a revision to the state code was approved to include farm breweries as a use in the RA (Rural Areas) District. Ms. Perkins explained the amendment proposed is intended to enhance the farm wineries text to include farm breweries as a permitted use in the RA (Rural Areas) District and the inclusion of a definition. The revisions have been endorsed by the DRRC. Ms. Perkins noted there are provisions for tastings, sales, preparation of food, and special events. She also noted there is a revision to the site plan requirements and to the maximum number of people permitted at the special events. Ms. Perkins explained the current ordinance requires site plans for all farm wineries and this ordinance has been scaled back to an as needed basis rather than a requirement. Frederick County Planning Commission Page 3191 Minutes of February 18, 2015 Commissioner Oates asked if distilleries for corn and potato producers would be added as discussed at the DRRC meeting. Ms. Perkins replied this option is being researched. Commissioner Mohn inquired what circumstances would differentiate between a brewery that would require a site plan and one that would not. Ms. Perkins replied staff would rely on the scale and size of the brewery to determine if a site plan is necessary. She noted this would be determined on a case by ca se basis. Commissioner Thomas inquired what is considered a special event. Ms. Perkins responded a festival or something of that nature. ------------- R4 District Permitted Uses – discussion on revisions to the Zoning Ordinance to include the OM District in the permitted uses in the R4 District. No Action Required Senior Planner, Candice E. Perkins reported this is a minor revision to include the OM (Office-Manufacturing Park) District in the R4 (Rural Areas) District allowed uses. Ms. Perkins explained currently the R4 (Rural Areas) District allows RP, B1, B2, B3, and M1 uses. Ms. Perkins noted the DRRC reviewed and endorsed the proposed changes at the January 2015 meeting. ------------- Permeable Pavers – discussion on revisions to the Zoning Ordinance to include the use of permeable pavers for parking lots. No Action Required Senior Planner, Candice E. Perkins reported this is a minor ordinance amendment to include permeable pavers in the list of allowable surface materials for parking lots. Ms. Perkins explained currently the ordinance only allows the permeable pavers to be used in overflow parking areas. Ms. Perkins noted this request is in due to new storm water regulations and the need for additional options . She explained this request moves permeable pavers from the overflow areas to the permitted use section to allow for general use. Ms. Perkins reported the DRRC reviewed and endorsed the change at the January 2015 meeting. Commissioner Thomas inquired if a strength analysis is still required for the pavement. Ms. Perkins responded an engineer would still be needed and plans submitted. Commissioner Oates elaborated under the new ordinance it would be inspected every two years. Commissioner Unger asked Commissioner Oates what happens when cracks in the pavement fill up with dirt and sediment. Commissioner Oates replied there is maintenance schedule on the site plan that should cover this. ------------- Frederick County Planning Commission Page 3192 Minutes of February 18, 2015 ADJOURNMENT No further business remained to be discussed and a motion was made by Commissioner Thomas to adjourn the meeting. This motion was seconded by Commissioner Molden and unanimously passed. The meeting adjourned at 8:10 p.m. Respectfully submitted, ____________________________ June Wilmot, Chairman ____________________________ Eric R. Lawrence, Secretary B SPRING RIDGE LLC 275GOLD ORCHARD RD SPRING RIDGE LLC 275GOLD ORCHARD RD SPRING RIDGE LLC 411GOLD ORCHARD RD SPRING RIDGE LLC 411GOLD ORCHARD RD MUSE RD CARPERS PIKE GOLD O R C H A R D R D WHITLOC K L N BURLEY L N ST610 01259 Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: February 18, 2015Staff: jbishop00.1 0.20.05 Miles I Gold Orchard Road (Route 708)Road Abandonment SELDON LYNDEL E LIVING TRUST37 A 54