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PC 05-20-15 Meeting Agenda AGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia May 20, 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) Committee Reports .................................................................................................. (no tab) 3) Citizen Comments ................................................................................................... (no tab) PUBLIC HEARING 4) 2015-2020 Agricultural and Forestal District Update – This Public Hearing is to consider the renewal of the following Agricultural and Forestal Districts. Albin North Opequon Apple Pie Ridge Red Bud Double Church South Frederick Green Springs South Timber Ridge The renewal of these Districts will establish a total of 11,425.93 acres within the Agricultural and Forestal District Program for the ensuing five year period. Properties that are incorporated into an Agricultural and Forestal District are guaranteed certain protection as specified in Section 15.2-4300 of the Code of Virginia. Mr. Cheran ..................................................................................................................... (A) 5) Draft Update of the 2015-2016 Frederick County Primary and Interstate Road Improvement Plans-The Primary and Interstate Road Improvement Plans establish priorities for improvements to the Primary and Interstate road networks within Frederick County. Comments from the Transportation Committee will be forwarded to the Planning Commission and Board of Supervisors. Ultimately, the priorities adopted by the Board of Supervisors will be forwarded to the Commonwealth Transportation Board for consideration. The Virginia Department of Transportation and the Planning Commission of Frederick County, in accordance with Section 33.2-331 of the Code of Virginia, will conduct a joint public hearing in the Board Room of the Frederick County Government Center, 107 North Kent Street, Winchester, Virginia at 7:00 p.m. -2- on Wednesday, May 20, 2015. The purpose of this public hearing is to receive public comment on the proposed Six Year Plan for Secondary Roads for Fiscal Year 2016. Copies of the proposed Plan and Budget may be reviewed at the Edinburg Office of the Virginia Department of Transportation, located at 14031 Old Valley Pike, Edinburg, Virginia or at the Frederick County offices located at 107 North Kent Street, Winchester, Virginia. All projects in the Secondary Road Improvement Plan that are eligible for federal funds will be included in the Statewide Transportation Improvement Program (STIP), which documents how Virginia will obligate federal transportation funds. Persons requiring special assistance to attend and participate in this hearing should contact t he Virginia Department of Transportation at 1-800-367-7623. Persons wishing to speak at this public hearing should contact the Frederick County Planning Department at 540-665-5651. Mr. Bishop ....................................................................................................................... (B) ACTION ITEM 6) Rezoning #04-15 of Abram’s Chase, submitted by Greenway Engineering, to revise proffers associated with Rezoning #11-06, approved by the board of Supervisors on January 10, 2007. This revision changes the 13 residential units to age restricted residential units and adjusts the monetary contribution to offset the impact of development accordingly. The properties are located on the north side of Senseny Road (Route 657); approximately 400’ west of the intersection of Channing Drive and Senseny Road in the Red Bud Magisterial District, and are identified by Property Identification Numbers 65-A- 27A, and 65-A-28A. Mr. Ruddy ........................................................................................................................ (C) INFORMATION/DISCUSSION ITEMS 7) Farm Breweries and Distilleries. Discussion on revision to the Zoning Ordinance to include farm breweries, and farm distilleries as permitted uses in the RA (Rural Areas) District. Mrs. Perkins ..................................................................................................................... (D) 8) Site Plan Revision Requirements. Discussion on revisions to the Zoning Ordinance to update the site plan requirements. Mrs. Perkins ..................................................................................................................... (E) Other Adjourn 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 Winchester Stephens City Middletown Future Route 37 Bypass Districts Albin Apple Pie Ridge Double Church Green Springs North Opequon Red Bud South Frederick South Timber Ridge 2015-2020Agricultural & Forestal Districts Total Ag. District Acreage: 11,425.93 Ac.I 0 2.5 51.25 Miles 2015-2020 Agricultural & Forestal Districts Note:Frederick County Dept of Planning & Development107 N Kent St. Suite 202, Winchester, VA 22601540 - 665 - 5651Map Created: April 20, 2015 ALBIN AGRICULTURAL AND FORESTAL DISTRICT AGRICULTURAL & FORESTAL DISTRICT UPDATE ALBIN Staff Report for the Planning Commission Prepared: April 30, 2015 Staff Contact: Mark Cheran, Zoning Administrator Reviewed Action Agricultural District Advisory Committee: 04/20/15 Recommended Approval Planning Commission: 05/20/15 Pending Board of Supervisors: 05/27/15 Pending PROPOSAL: To update and renew the 2015-2020 Albin Agricultural and Forestal District. LOCATION: This District is generally located west of Route 37, and north & south of Route 522, near the Albin Rural Community Center. MAGISTERIAL DISTRICT: Gainesboro Magisterial District. EXECUTIVE SUMMARY FOR THE 05/20/15 PLANNING COMMISSION MEETING: This is a request to the Frederick County Planning Commission to renew the Albin Agricultural and Forestal District, comprising a total of 1,011.50+/- acres. This District meets the intent of Chapter 43, Section 15.2-4300 of the Code of Virginia, 1950, as amended, and has been evaluated in conjunction with the 2030 Comprehensive Plan. This renewal provides an opportunity for the agribusiness community to conduct long range planning efforts for the management of their operations, while providing a reserve of agricultural land through the year 2020. Once renewed, the 1,011.50+/- acre District will be referred to as the 2015-2020 Albin Agricultural and Forestal District and will be a valid Agricultural and Forestal District through May 27, 2020. The Agricultural District Advisory Committee (ADAC) unanimously recommended approval of the 1,011.50+/- acre 2015-2020 Albin Agricultural and Forestal District at their meeting on April 20, 2015. Following a public hearing, a recommendation from the Planning Commission to forward to the Board of Supervisors would be appropriate. Albin Agricultural and Forestal District Renewal April 30, 2015 Page 2 This report is prepared by the Frederick County Planning Staff to provide information to the Agricultural District Advisory Committee, Planning Commission, and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Agricultural District Advisory Committee: 04/20/15 Recommended Approval Planning Commission: 05/20/15 Pending Board of Supervisors: 05/27/15 Pending This is a request to the Frederick County Planning Commission (PC) to update the Albin Agricultural and Forestal District (District). Chapter 43, Section 15.2-4300 of the Code of Virginia, 1950, as amended, requires that Agricultural and Forestal Districts be reviewed by the local government every five years after establishment. The Albin Agricultural and Forestal District was established in 2010. Ultimately, the Board of Supervisors approves, approves with modifications, or denies the proposal to establish or renew an Agricultural and Forestal District. LOCATION AND SIZE: The District is located in the Gainesboro Magisterial District. The District currently contains 1,014.0+/- acres. This District is generally located west of Route 37, and north & south of Route 522, near the Albin Rural Community Center. The proposed 2015-2020 District would contain 1,011.50+/- acres. PARCEL AND CRITERIA: The ADAC met on February 19, 2015, to review the criteria for evaluating properties for inclusion in the Agricultural and Forestal District. The ADAC voted to not include any properties that were less than five acres in size and not in the land use assessment program. As a result, the removal of one parcel (tax map number: 42-A-61) of 2.50 +/- acres from this District, leaves the District a total of 1,011.50+/- acres in size. AGRICULTURAL & FORESTAL SIGNIFICANCE: The District is 90 percent agriculture (livestock, orchards, and crop harvest) and 10 percent open- space/woodlands. The area within the District is rural in nature. LAND USE: All parcels within the District are in agricultural or residential use. COMPREHENSIVE PLAN: The 2030 Comprehensive Policy Plan of Frederick County (Comp Plan) provides guidance when considering land use actions. The location of this District lies in an area that is identified by the Comp Albin Agricultural and Forestal District Renewal April 30, 2015 Page 3 Plan as the Route 37 West Land Use Plan. This plan identified a study area which encompassed 645 acres bounded by Route 522 to the north, Route 37 to the east, and the Round Hill Community Land Use Plan boundary to the south. The land use component of this study (i.e. Route 37 West Land Use Plan) identified approximately a 120-acre area located in the southeastern portion of this 645-acre study area as a location for potential business concentrations. The land use component envisions this 120-acre area be planned for office park-type development that will complement the medical center, pharmaceutical school, and providing retail services that cater to these uses, and the community within the proximity of this study area. The remaining 525 acres within the study area should remain in its present land use of pristine condition with land use of orchards, while preserving the historic integrity of the Battle of Second Winchester and historical significant properties identified by the Frederick County Rural Landmarks Survey. The transportation component of this study area proposes future road networks which link the 120-acre business and retail area with Route 37, Route 522 and Route 50. The system of major collector roads will be necessary for efficient movement of traffic through this area. A major component of this transportation system is an interchange on Route 37 to provide direct east-to- west access to the Winchester Medical Center, and linking the 120-acre business and retail area via a major collector road. The Winchester Medical Center and the Virginia Department of Transportation are currently working on this interchange. This major collector road will serve to ensure an efficient north-south traffic movement with Route 522 to the north and Route 50 to the south. The Sewer and Water Service Area (SWSA) component of this study area calls for the inclusion of the 120-acre business and retail area within the SWSA. This will ensure compliance with County polices regarding land use and zoning changes from rural land use to commercial land use. Residential development is not proposed or encouraged for this study area. LAKES/PONDS/STREAMS: The District lies primarily within the Abrams Creek drainage area. The establishment of this District will further assist with managing the quality of the County’s water resources. SOILS: The general relief of the District varies from broad rolling hills to the west and, gently rolling hills to the north and east. This District lies within the Abrams Creek watershed and water is available from ponds, wells and springs. Most of the area within the District is in pasture, orchards, livestock, and few areas are woodland. PRIME AGRICULTURE SOIL: The largest amount of prime agricultural soils located within the District is Frederick-Poplimento. STAFF COMMENTS: The Route 37 West Land Use Plan supports the establishment of future business and office use, and a major transportation network in this area of the County. The land use plan identifies the remaining land with no land use designation, which indicates the area should remain rural in nature and be protected Albin Agricultural and Forestal District Renewal April 30, 2015 Page 4 from any development. The intent of the Rural Areas is to maintain agriculture as a significant portion of the County’s economy, and to maintain the rural character of areas outside of its Urban Development Area (UDA). The District is agriculturally significant as outlined in the Agricultural and Forestal Districts Act. The Route 37 West Land Use Plan identifies the remaining 525-arces of this study area to be preserved in its pristine condition, continuing the present land use of orchards, and preserve the battlefield of the Second Winchester. A balanced approach is needed to ensure that the broader future land uses and transportation improvements of the Route 37 West Land Use Plan are met; to recognize this, the Albin Agricultural and Forestal District is an important element of the land use plan. AGRICULTURAL DISTRICT ADVISORY COMMITTEE FOR THE 4/20/15 MEETING: The Agricultural District Advisory Committee (ADAC) unanimously recommended approval to renew, remove acreage and add acreage to the Albin Agricultural and Forestal District at their meeting on April 20, 2015. CONCLUSIONS FOR THE 05/20/15 FREDERICK COUNTY ADAC MEETING: This is a request to the Frederick County Planning Commission to renew the Albin Agricultural and Forestal District, comprising a total of 1,011.50+/- acres. This District meets the intent of Chapter 43, Section 15.2-4300 of the Code of Virginia, 1950, as amended, and has been evaluated in conjunction with the 2030 Comprehensive Plan. This renewal provides an opportunity for the agribusiness community to conduct long range planning efforts for the management of their operations, while providing a reserve of agricultural land through the year 2020. Once renewed, the 1,011.50+/- acre District will be referred to as the 2015-2020 Albin Agricultural and Forestal District and will be a valid Agricultural and Forestal District through May 27, 2020. The Agricultural District Advisory Committee (ADAC) unanimously recommended approval of the 1,011.50+/- acre 2015-2020 Albin Agricultural and Forestal District at their meeting on April 20, 2015. Following a public hearing, a recommendation from the Planning Commission to forward to the Board of Supervisors would be appropriate. INDIAN H O L L O W R D AP P L E P I E R I D G E R D POO R H O U S E R D ST608 ST654 ST803 ST630 ST620 ST789 ST673 ST654 ST608 Winchester 2015-2020 AlbinAgricultural & Forestal District District Acreage: 1,011.50 Ac.I 0 0.45 0.90.225 MilesNote:Frederick County Dept of Planning & Development107 N Kent St. Suite 202, Winchester, VA 22601540 - 665 - 5651Map Created: April 20, 2015 0137 0137 01522 01522 0150 01522 0150 Future Route 37 Bypass APP L E P I E R I D G E R D INDI A N H O L L O W R D 2015-2020 Ag and Forestal District - Albin April 20, 2015 PIN Owner Acres 42 A 192 FRUIT HILL ORCHARD INC.1.04 42 A 191 FRUIT HILL ORCHARD INC.16.78 41 A 170 FRUIT HILL ORCHARD INC.274.16 42 A 180 FRUIT HILL ORCHARD INC.105.26 42 A 190 FRUIT HILL ORCHARD INC.7.88 42 A 193 FRUIT HILL ORCHARD INC.6.22 53 A 2 FRUIT HILL ORCHARD INC.145.93 53 A 3 FRUIT HILL ORCHARD INC.8.34 52 A 48 FRUIT HILL ORCHARD INC.24.50 52 A 49 FRUIT HILL ORCHARD INC.8.50 42 A 62 DTS LC 199.14 53 A 69 FRUIT HILL ORCHARD INC.120.90 53 A 1 FRUIT HILL ORCHARD INC.92.85 Page 1 APPLE PIE RIDGE AGRICULTRUAL AND FORESTAL DISTRICT AGRICULTURAL & FORESTAL DISTRICT UPDATE APPLE PIE RIDGE Staff Report for the Planning Commission Prepared: April 30, 2015 Staff Contact: Mark Cheran, Zoning Administrator Reviewed Action Agricultural District Advisory Committee: 04/20/15 Recommended Approval Planning Commission: 05/20/15 Pending Board of Supervisors: 05/27/15 Pending PROPOSAL: To update and renew the 2015-2020 Apple Pie Ridge Agricultural and Forestal District. LOCATION: This District is generally located along Payne Road (Route 663) to the north, Welltown Road (Route 661) to the east, Apple Pie Ridge Road (Route 739) to the west, and Glendobbin Road (Route 673) to the south. MAGISTERIAL DISTRICT: Gainesboro and Stonewall Magisterial District. EXECUTIVE SUMMARY FOR THE 05/20/15 PLANNING COMMISSION MEETING: This is a request to the Frederick County Planning Commission to renew the Apple Pie Ridge Agricultural and Forestal District, comprising a total of 887.59+/- acres. This District meets the intent of Chapter 43, Section 15.2-4300 of the Code of Virginia, 1950, as amended, and has been evaluated in conjunction with the 2030 Comprehensive Plan. This renewal provides an opportunity for the agribusiness community to conduct long range planning efforts for the management of their operations, while providing a reserve of agricultural land through the year 2020. Once renewed, the 887.59+/- acre District will be referred to as the 2015-2020 Apple Pie Ridge Agricultural and Forestal District and will be a valid Agricultural and Forestal District through May 27, 2020. The Agricultural District Advisory Committee (ADAC) unanimously recommended approval of the 887.59+/- acre 2015- 2020 Apple Pie Ridge Agricultural and Forestal District at their meeting on April 20, 2015. Following a public hearing, a recommendation from the Planning Commission to forward to the Board of Supervisors would be appropriate. Apple Pie Ridge Agricultural and Forestal District Renewal April 30, 2015 Page 2 This report is prepared by the Frederick County Planning Staff to provide information to the Agricultural District Advisory Committee, Planning Commission, and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Agricultural District Advisory Committee: 04/20/15 Recommended Approval Planning Commission: 05/20/15 Pending Board of Supervisors: 05/27/15 Pending This is a request to the Frederick County Planning Commission (PC) to update the Apple Pie Ridge Agricultural and Forestal District (District). Chapter 43, Section 15.2-4300 of the Code of Virginia, 1950, as amended, requires that Agricultural and Forestal Districts be reviewed by the local government every five years after establishment. The Apple Pie Ridge Agricultural and Forestal District was established in 2010. Ultimately, the Board of Supervisors approves, approves with modifications, or denies the proposal to establish or renew an Agricultural and Forestal District. LOCATION AND SIZE: The District is generally located along Payne Road (Route 663) to the north, Welltown Road (Route 661) to the east, Apple Pie Ridge Road (Route 739) to the west, and Glendobbin Road (Route 673) to the south. The District currently contains 889+/- acres. The proposed 2015-2020 District would contain 887.59+/- acres within 32 parcels, managed by one (1) property owner. PARCEL AND CRITERIA: The ADAC met on February 19, 2015, to review the criteria for evaluating properties for inclusion in the Agricultural and Forestal District. The ADAC voted to not include any properties that were less than five acres in size and not in the land use assessment program. As a result, the removal of two parcels (tax map numbers: 31-A-170 and 31-A-171) of 1.41 +/- acres, leave this District a total of 887.59+/- acres in size. AGRICULTURAL & FORESTAL SIGNIFICANCE: The District is 90 percent agricultural (livestock, orchards, and crop harvesting) and 10 percent open- space/woodlands. The area within the District is rural in nature. LAND USE: All parcels within the District are in agricultural or residential use. COMPREHENSIVE PLAN: The 2030 Comprehensive Policy Plan of Frederick County (Comp Plan) provides guidance when Apple Pie Ridge Agricultural and Forestal District Renewal April 30, 2015 Page 3 considering land use actions. The location of this District lies outside the Urban Development Area (UDA) and Sewer and Water Service Area (SWSA), and is not part of any land use plan or study by the County. The Stonewall Industrial Park is located on the south boundary of this District. The land use within the District is residential and agricultural. The current land use should remain in its present land use of pristine condition with land use of orchards, agricultural, and residential. The Eastern Frederick County Road Plan is the major transportation component of the Comp Plan. This road plan identifies the future transportation needs within Frederick County. A major component of this road plan is Route 37, which will provide direct limited east to west access around the City of Winchester. This proposed roadway will need, at a minimum, a 350 foot right-of-way. There is one (1) parcel within this proposed District which will be affected by future Route 37. LAKES/PONDS/STREAMS: The District lies primarily within the Hiatt Run Drainage area. The establishment of this District will further assist with managing the quality of the County’s water resources. SOILS: The general relief of the District varies from rolling hills to ridges to the north and west and flat and gentle rolling hills to the south and east. This District lies within the Hiatt run watershed and water is available from ponds, wells and springs. PRIME AGRICULTURE SOIL: The largest amount of prime agricultural soils located within the District is Frederick-Poplimento. STAFF COMMENTS: The Comp Plan indicates that the area of the County where this proposed District is located is not part of any land use plan or study. The proposed District is located outside of the UDA and SWSA, and is to remain rural in nature and protected from any future development. The intent of the Rural Areas is to maintain agriculture as a significant portion of the County’s economy, and to maintain the rural character of areas outside of its UDA. The Apple Pie Ridge Agricultural and Forestal District is agriculturally significant as outlined in the Agricultural and Forestal District Act. The Eastern Frederick County Road Plan (Road Plan) identified Route 37 as a major component of the County’s future transportation network. A balanced approach is needed to ensure that the future transportation improvements are met and recognize that this proposed District is an important element of this area. Staff has identified a parcel that intersects with the future Route 37 as identified within the Road Plan. The ADAC should evaluate the parcel identified by tax map number 43-A-11, to be partly or fully excluded from this District to ensure the goals of the Road Plan will be met. The property is 84.5+/- acres in size, should the ADAC exclude this property, the adjustment will leave 803.09+/- acres for this proposed District. Should the ADAC exclude the portion on this property where the Road Plan 350 foot right-of-way for Route 37 is located of 9.6+/- acres, this adjustment will leave 877.99+/- acres for this proposed District. Apple Pie Ridge Agricultural and Forestal District Renewal April 30, 2015 Page 4 AGRICULTURAL DISTRICT ADVISORY COMMITTEE FOR THE 4/20/15 MEETING: The Agricultural District Advisory Committee (ADAC) unanimously recommended approval to renew, remove acreage and add acreage to the Apple Pie Ridge Agricultural and Forestal District at their meeting on April 20, 2015. CONCLUSIONS FOR THE 05/20/15 PLANNING COMMISSION MEETING: This is a request to the Planning Commission to renew the 2015-2020 Apple Pie Ridge Agricultural and Forestal District, comprising a total of 887.59+/- acres. This District meets the intent of Chapter 43, Section 15.2-4300 of the Code of Virginia, 1950, as amended, and has been evaluated in conjunction with the 2030 Comprehensive Plan. This renewal provides an opportunity for the agribusiness community to conduct long range planning efforts for the management of their operations, while providing a reserve of agricultural land through the year 2020. Once renewed, the 887.59+- acre District will be referred to as the 2015-2020 Apple Pie Ridge Agricultural and Forestal District and will be a valid Agricultural and Forestal District through May 27, 2020. The Agricultural District Advisory Committee (ADAC) unanimously recommended approval of the 887.59+/- acre 2015-2020 Apple Pie Ridge Agricultural and Forestal District at their meeting on April 20, 2015. Following a public hearing, a recommendation from the Planning Commission to forward to the Board of Supervisors would be appropriate. WE L L T O W N R D APP L E P I E R I D G E R D PA Y N E R D GLENDO B B I N R D WE L L T O W N R D ST672 ST663 ST672 ST672 §¨¦81 §¨¦81 2015-2020 Apple Pie RidgeAgricultural & Forestal District District Acreage: 887.59 Ac. I 0 0.25 0.50.125 MilesNote:Frederick County Dept of Planning & Development107 N Kent St. Suite 202, Winchester, VA 22601540 - 665 - 5651Map Created: April 20, 2015 Future Route 37 Bypass AP P L E P I E R I D G E R D GLENDOBBIN RD PA Y N E R D 2015-2020 Ag and Forestal District - Apple Pie Ridge April 20, 2015 PIN Owner Acres 43 11 4 2 KSS LC 5.00 43 A 11 BHS LC 84.50 43 A 14 BHS LC 9.66 31 A 180 BHS LC 70.00 43 12 3 13 KSS LC 5.00 43 12 3 14 KSS LC 5.12 42 A 356 KSS LC 303.81 42 A 357 KSS LC 23.04 43 11 4 6 KSS LC 5.25 43 A 4 BE CON INCORPORATED 127.00 43 1 A1 BE CON INCORPORATED 29.30 43 A 70 FRUIT HILL ORCHARD INC 57.66 43 1 B1 BE CON INCORPORATED 16.56 43 A 69 FRUIT HILL ORCHARD INC 5.00 43 11 4 5 KSS LC 5.86 43 12 3 9 KSS LC 5.00 43 A 10A BE CON INCORPORATED 53.43 43 12 3 8 KSS LC 5.00 43 12 3 10 KSS LC 5.00 43 11 4 4 KSS LC 5.00 43 12 3 7 KSS LC 5.01 43 12 3 11 KSS LC 5.00 43 1 A2 BE CON INCORPORATED 3.50 43 12 3 12 KSS LC 5.00 43 11 4 3 KSS LC 5.00 43 12 3 15 KSS LC 5.00 43 11 4 1 KSS LC 5.51 43 12 3 16 KSS LC 5.33 43 12 3 17 KSS LC 5.05 43 12 3 18 KSS LC 5.00 43 A 13 BHS LC 8.00 43 A 12 BHS LC 4.00 Page 1 DOUBLE CHURCH AGRICULTURAL AND FORESTAL DISTRICT AGRICULTURAL & FORESTAL DISTRICT UPDATE DOUBLE CHURCH Staff Report for the Planning Commission Prepared: April 30, 2015 Staff Contact: Mark Cheran, Zoning Administrator Reviewed Action Agricultural District Advisory Committee: 04/20/15 Recommended Approval Planning Commission: 05/20/15 Pending Board of Supervisors: 05/27/15 Pending PROPOSAL: To update and renew the 2015-2020 Double Church Agricultural and Forestal District. LOCATION: This District is generally located along Double Church Road (Route 641), Canterburg Road (Route 636), Grim Road (Route 640), and Wise Mill Lane (Route 737). MAGISTERIAL DISTRICT: Opequon Magisterial District. EXECUTIVE SUMMARY FOR THE 05/20/15 PLANNING COMMISSION MEETING: This is a request to the Frederick County Planning Commission to renew the Double Church Agricultural and Forestal District, comprising a total of 923.16+/- acres. This District meets the intent of Chapter 43, Section 15.2-4300 of the Code of Virginia, 1950, as amended, and has evaluated in conjunction with the 2030 Comprehensive Plan. This renewal provides an opportunity for the agribusiness community to conduct long range planning efforts for the management of their operations, while providing a reserve of agricultural land through the year 2020. Once renewed, the 923.16+/- acre District will be referred to as the 2015-2020 Double Church Agricultural and Forestal District and will be a valid Agricultural and Forestal District through May 27, 2020. The Agricultural District Advisory Committee (ADAC) unanimously recommended approval of the 923.16+/- acre 2015- 2020 Double Church Agricultural and Forestal District at their meeting on April 20, 2015. Following a public hearing, a recommendation from the Planning Commission to forward to the Board of Supervisors would be appropriate. Double Church Agricultural and Forestal District Renewal April 30, 2015 Page 2 This report is prepared by the Frederick County Planning Staff to provide information to the Agricultural District Advisory Committee, Planning Commission, and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Agricultural District Advisory Committee: 04/20/15 Recommended Approval Planning Commission: 05/20/15 Pending Board of Supervisors: 05/27/15 Pending This is a request to the Frederick County Planning Commission (PC) to update the Double Church Agricultural and Forestal District (District). Chapter 43, Section 15.2-4300 of the Code of Virginia, 1950, as amended, requires that Agricultural and Forestal Districts be reviewed by the local government every five years after establishment. The District was established in 1985 and subsequently updated in 2010. Ultimately, the Board of Supervisors approves, approves with modifications, or denies the proposal to establish or renew an Agricultural and Forestal District. LOCATION AND SIZE: This District is located in the Opequon Magisterial District. The District currently contains 950.11+/- acres. This District is generally located along Double Church Road (Route 641), Canterburg Road (Route 636), Grim Road (Route 640), and Wise Mill Lane (Route 737). The proposed 2015-2020 District would contain 923.16+/- acres. PARCEL AND CRITERIA: The ADAC met on February 19, 2015, to review the criteria for evaluating properties for inclusion in the Agricultural and Forestal District. The ADAC voted to not include any properties that were less than five acres in size and not in the land use assessment program. As a result, the following parcels totaling 10.95+/- acres were removed: 85-A-33= 0.37 ac. 86-A-230A= 0.97 ac. 85-A-132= 3.67 ac. 86-A-231= 2.50 ac. 85-A-139A=1.29 ac. 86-A-245= 0.50 ac. 86-A-25= 0.50 ac. 86-A-264= 0.50 ac. 86-A-33= 0.12 ac. 86-A-264A= 0.53 ac. The removal of these parcels will decrease the District to a total of 923.16+/- acres. Double Church Agricultural and Forestal District Renewal April 30, 2015 Page 3 AGRICULTURAL & FORESTAL SIGNIFICANCE: The agricultural operations in the District are 75 percent livestock and cultivation of hay and 25 percent open-space/woodlands. The area within the District is rural in nature. LAND USE: All parcels in and surrounding the areas are in agricultural or residential use. COMPREHENSIVE PLAN: The 2030 Comprehensive Policy Plan of Frederick County (Comp Plan) provides guidance when considering land use actions. The Comp Plan identifies this District as an area that is outside the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). The District will be impacted by future transportation improvements as noted within the Route 277 Land Use Plan approved by the Board of Supervisors in 2008. The parcels in this District have no land use designation, which indicates the area should remain rural. The intent of the Rural Areas is to maintain agriculture as a significant portion of the County’s economy and to maintain the rural character of areas outside of the Urban Development Area. The Comprehensive Plan can accomplish this by promoting the inclusion of additional land in Agricultural and Forestal Districts. The Comprehensive Plan supports the additions and renewal of the District, for it provides an opportunity for the agribusiness community to conduct long range planning efforts for the management of their operations, while providing a reserve of agricultural land through the year 2020. LAKES/PONDS/STREAMS: The District lies primarily within the Stephens Run drainage area. The District will assist with managing the quality of the County’s water resources. SOILS: The general relief of the District varies from a broad rolling valley to flat lands, and water is available from ponds, wells and springs. Most of the soils are suited to a wide variety of farm uses. Most of the area is in pasture, cultivated crops and hay with few woodland areas. PRIME AGRICULTURE SOIL: The prime agricultural soil located within the District is Blairton. STAFF COMMENTS: Based on this information, staff feels that this District is agriculturally significant as outlined in the Agricultural and Forestal Districts Act. Furthermore, this District would conform to the County’s Comprehensive Policy Plan which labels the area as rural. AGRICULTURAL DISTRICT ADVISORY COMMITTEE FOR THE 4/20/15 MEETING: The Agricultural District Advisory Committee (ADAC) unanimously recommended approval to renew, remove acreage and add acreage to the Double Church Agricultural and Forestal District at their meeting on April 20, 2015. Double Church Agricultural and Forestal District Renewal April 30, 2015 Page 4 CONCLUSIONS FOR THE 05/20/15 PLANNING COMMISSION MEETING: This is a request to the Frederick County Planning Commission to renew the Double Church Agricultural and Forestal District, comprising a total of 923.16+/- acres. This District meets the intent of Chapter 43, Section 15.2-4300 of the Code of Virginia, 1950, as amended, and has been evaluated in conjunction with the 2030 Comprehensive Plan. This renewal provides an opportunity for the agribusiness community to conduct long range planning efforts for the management of their operations, while providing a reserve of agricultural land through the year 2020. Once renewed, the 923.16+/- acre District will be referred to as the 2015-2020 Double Church Agricultural and Forestal District and will be a valid Agricultural and Forestal District through May 27, 2020. The Agricultural District Advisory Committee (ADAC) unanimously recommended approval of the 923.16+/- acre 2015- 2020 Double Church Agricultural and Forestal District at their meeting on April 20, 2015. Following a public hearing, a recommendation from the Planning Commission to forward to the Board of Supervisors would be appropriate. D O U B L E C H U R C H R D GR I M R D S A L E M C H U R C H R D ST640 ST636 ST1012 ST639 ST636 ST639 §¨¦81 §¨¦81 Stephens City 2015-2020 Double ChurchAgricultural & Forestal District District Acreage: 923.16 Ac. I 0 0.35 0.70.175 MilesNote:Frederick County Dept of Planning & Development107 N Kent St. Suite 202, Winchester, VA 22601540 - 665 - 5651Map Created: April 20, 2015 01277 0111 S A L E M C H U R C H R D GRIM R D D O U B L E C H U R C H R D 2015-2020 Ag and Forestal District - Double Church April 20, 2015 PIN Owner Acres 86 A 72B WYMER, KENNETH E.&10.21 86 A 70 WYMER, KENNETH E.28.98 85 A 139 SCOTHORN, GARY L & STEPHEN P 103.60 85 A 131A STELZL, BETTY R 24.74 85 A 131 RITENOUR FARM L.P.178.67 86 A 27 RITENOUR, ARTHUR B. JR.10.50 85 A 130 RITENOUR FARM L.P.55.00 85 A 125 RITENOUR FARM L.P.125.00 86 A 35 FAIRVIEW-SPRINGHILL FARMS 105.39 86 A 241 COPP, KARL R.8.32 86 A 71B SHILEY, ROBERT L 20.84 86 A 25 STELZL, BETTY R 142.95 86 A 25A STELZL, BETTY R 7.04 86 A 35A STELZL, JOHN T & SARAH R 5.00 86 A 38 BORROR, LINDA W ETALS 20.66 86 A 71 BORROR, LINDA 5.26 92 A 73 FAGG, LAWRENCE W 71.00 Page 1 GREEN SPRINGS AGRICULTRUAL AND FORESTAL DISTRICT AGRICULTURAL & FORESTAL DISTRICT UPDATE GREEN SPRINGS Staff Report for the Planning Commission Prepared: April 30, 2015 Staff Contact: Mark Cheran, Zoning Administrator Reviewed Action Agricultural District Advisory Committee: 04/20/15 Recommended Approval Planning Commission: 05/20/15 Pending Board of Supervisors: 05/27/15 Pending PROPOSAL: To update and renew the 2015-2020 Green Springs Agricultural and Forestal District. LOCATION: This District is generally located along Glaize Orchard Road (Route 682) to the south, and Green Springs Road (Route 671) to the east. MAGISTERIAL DISTRICT: Gainesboro Magisterial District. EXECUTIVE SUMMARY FOR THE 05/20/15 PLANNING COMMISSION MEETING: This is a request to the Frederick County Planning Commission to renew the Green Springs Agricultural and Forestal District, comprising a total of 385.63+/- acres. This District meets the intent of Chapter 43, Section 15.2-4300 of the Code of Virginia, 1950, as amended, and has been evaluated in conjunction with the 2030 Comprehensive Plan. This renewal provides an opportunity for the agribusiness community to conduct long range planning efforts for the management of their operations, while providing a reserve of agricultural land through the year 2020. Once renewed, the 385.63+/- acre District will be referred to as the 2015-2020 Green Springs Agricultural and Forestal District and will be a valid Agricultural and Forestal District through May 27, 2020. The Agricultural District Advisory Committee (ADAC) unanimously recommended approval of the 385.63+/- acre 2015- 2020 Green Springs Agricultural and Forestal District at their meeting on April 20, 2015. Following a public hearing, a recommendation from the Planning Commission to forward to the Board of Supervisors would be appropriate. Green Springs Agricultural and Forestal District Renewal April 30, 2015 Page 2 This report is prepared by the Frederick County Planning Staff to provide information to the Agricultural District Advisory Committee, Planning Commission, and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Agricultural District Advisory Committee: 04/20/15 Recommended Approval Planning Commission: 05/20/15 Pending Board of Supervisors: 05/27/15 Pending This is a request to the Frederick County Planning Commission (PC) to update the Green Springs Agricultural and Forestal District (District). Chapter 43, Section 15.2-4300 of the Code of Virginia, 1950, as amended, requires that Agricultural and Forestal Districts be reviewed by the local government every five years after establishment. The District was established in 2014. The renewal of the District at this time will establish renewal dates consistent with other County Agricultural and Forestal Districts. Ultimately, the Board of Supervisors approves, approves with modifications, or denies the proposal to establish or renew an Agricultural and Forestal District. LOCATION AND SIZE: This District is located in the Gainesboro Magisterial District, fronting Glaize Orchard Road (Route 682) to the south, and Green Springs Road (Route 671) to the east. The District contains 385.63+/- acres within two (2) parcels, managed by two (2) property owners. The renewed District will remain 385.63+/- acres. AGRICULTURAL & FORESTAL SIGNIFICANCE: The agricultural operations in the District are 40 percent agriculture (livestock, and crop harvesting) and 60 percent open-space/woodlands. The area within the District is rural in nature. LAND USE: All parcels within the District are vacant and woodland. COMPREHENSIVE PLAN: The 2030 Comprehensive Policy Plan of Frederick County (Comp Plan) provides guidance when considering land use actions. The location of this proposed District lies outside the Urban Development Area (UDA) and Sewer and Water Service Area (SWSA), and is not part of any land use plan or study by the County. The land use within this District of 385.63+/- acres is vacant. The current land use should remain in its present land use of pristine condition with land use of vacant and woodland. LAKES/PONDS/STREAMS: The District lies within the Green Springs and Babbs Run drainage areas. These two bodies of water are tributaries to Back Creek. This District will further assist with managing the quality of the County’s water resources. Green Springs Agricultural and Forestal District Renewal April 30, 2015 Page 3 SOILS: The general relief of the District varies from rolling hills to ridges to the south, west, and north. Flat and gentle rolling hills are to the east. This District lies within the Green Springs and Babbs Run drainage area and water is available from ponds, wells and springs. PRIME AGRICULTURE SOIL: The largest amount of prime agricultural soils located within the District is Weikert-Gainesboro-Berks. STAFF COMMENTS: This District is not part of any land use plan or study as indicated within the 2030 Comprehensive Policy Plan of Frederick County (Comp Plan). The District is located outside the Urban Development Area (UDA) and Sewer and Water Service Area (SWSA), and is to remain rural in nature and protected from any future development. The intent of the County’s Rural Areas is to maintain agriculture as a significant portion of the County’s economy, and to maintain the rural character of areas outside of its UDA and SWSA. AGRICULTURAL DISTRICT ADVISORY COMMITTEE FOR THE 4/20/15 MEETING: The Agricultural District Advisory Committee (ADAC) unanimously recommended approval to renew, remove acreage and add acreage to the Green Springs Agricultural and Forestal District at their meeting on April 20, 2015. CONCLUSIONS FOR THE 05/20/15 PLANNING COMMISSION MEETING: This is a request to the Frederick County Planning Commission to renew the Green Springs Agricultural and Forestal District, comprising a total of 385.63+/- acres. This District meets the intent of Chapter 43, Section 15.2-4300 of the Code of Virginia, 1950, as amended, and has been evaluated in conjunction with the 2030 Comprehensive Plan. This renewal provides an opportunity for the agribusiness community to conduct long range planning efforts for the management of their operations, while providing a reserve of agricultural land through the year 2020. Once renewed, the 385.63+/- acre District will be referred to as the 2015-2020 Green Springs Agricultural and Forestal District and will be a valid Agricultural and Forestal District through May 27, 2020. The Agricultural District Advisory Committee (ADAC) unanimously recommended approval of the 385.63+/- acre 2015- 2020 Green Springs Agricultural and Forestal District at their meeting on April 20, 2015. Following a public hearing, a recommendation from the Planning Commission to forward to the Board of Supervisors would be appropriate. BERKELEY COUNTYWEST VIRGINIA G R E E N S P R I N G R D HUN T I N G R I D G E R D APP L E P I E R I D G E R D ST654 ST676 ST674 ST654 2015-2020 Green SpringsAgricultural & Forestal District District Acreage: 385.63 Ac. I 0 0.45 0.90.225 MilesNote:Frederick County Dept of Planning & Development107 N Kent St. Suite 202, Winchester, VA 22601540 - 665 - 5651Map Created: April 20, 2015 GRE E N S P R I N G R D GREEN SPRING RD 2015-2020 Ag and Forestal District - Green Springs April 20, 2015 PIN Owner Acres 21 A 36 DEHAVEN, CHARLES STUART JR 168.02 21 A 25 ZUCKERMAN, STANLEY C. & SANDRA E.217.61 Page 1 NORTH OPEQUON AGRICULTURAL AND FORESTAL DISTRICT AGRICULTURAL & FORESTAL DISTRICT UPDATE NORTH OPEQUON Staff Report for the Planning Commission Prepared: April 30, 2015 Staff Contact: Mark Cheran, Zoning Administrator Reviewed Action Agricultural District Advisory Committee: 04/20/15 Recommended Approval Planning Commission: 05/20/15 Pending Board of Supervisors: 05/27/15 Pending PROPOSAL: To update and renew the 2015-2020 North Opequon Agricultural and Forestal District. LOCATION: This District is generally located along Old Charlestown Road (Route 761), Opequon Creek to the east, and Slate Lane to the west. MAGISTERIAL DISTRICT: Stonewall Magisterial District. EXECUTIVE SUMMARY FOR THE 05/20/15 PLANNING COMMSSION MEETING: This is a request to the Frederick County Planning Commission to renew the North Opequon Agricultural and Forestal District, comprising a total of 407.48+/- acres. This District meets the intent of Chapter 43, Section 15.2-4300 of the Code of Virginia, 1950, as amended, and has been evaluated in conjunction with the 2030 Comprehensive Plan. This renewal and addition to the District provides an opportunity for the agribusiness community to conduct long range planning efforts for the management of their operations, while providing a reserve of agricultural land through the year 2020. Once renewed, the 407.48+/- acre District will be referred to as the 2015-2020 North Opequon Agricultural and Forestal District and will be a valid Agricultural and Forestal District through May 27, 2020. The Agricultural District Advisory Committee (ADAC) unanimously recommended approval of the 407.48+/- acre 2015-2020 North Opequon Agricultural and Forestal District at their meeting on April 20, 2015. Following a public hearing, a recommendation from the Planning Commission to forward to the Board of Supervisors would be appropriate. North Opequon Agricultural and Forestal District Renewal April 30, 2015 Page 2 This report is prepared by the Frederick County Planning Staff to provide information to the Agricultural District Advisory Committee, Planning Commission, and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Agricultural District Advisory Committee: 04/20/15 Recommended Approval Planning Commission: 05/20/15 Pending Board of Supervisors: 05/27/15 Pending This is a request to the Frederick County Planning Commission to update the North Opequon Agricultural and Forestal District (District). Chapter 43, Section 15.2-4300 of the Code of Virginia, 1950, as amended, requires that Agricultural and Forestal Districts be reviewed by the local government every five years after establishment. The District was established in 2013. Ultimately, the Board of Supervisors approves, approves with modifications, or denies the proposal to establish or renew an Agricultural and Forestal District. LOCATION AND SIZE: This District is located in the Stonewall Magisterial District, straddling Old Charlestown Road (Route 761), Opequon Creek to the east, and Slate Lane to the west. The District currently contains 400.19+/- acres within five (5) parcels, managed by one (1) property owner. A proposed addition of one parcel (tax map number: 45-A-32A) of 7.29+/- acres owned by the existing property owner will increase the proposed 2015-2020 District to a total of 407.48+/- acres. AGRICULTURAL & FORESTAL SIGNIFICANCE: The agricultural operations in the District are 90 percent agriculture (livestock and crop harvesting) and 10 percent open-space/woodlands. The area within the District is rural in nature. LAND USE: All parcels within the District are in agricultural or residential use. COMPREHENSIVE PLAN: The 2030 Comprehensive Policy Plan of Frederick County (Comp Plan) provides guidance when considering land use actions. The location of this District lies outside the Urban Development Area (UDA) and Sewer and Water and Service Area (SWSA), and is not part of any land use plan or study by the County. The land use within this proposed District of 407.48+/- acres is residential and agricultural. The current land use should remain in its present land use of pristine condition with land use of agricultural and residential. North Opequon Agricultural and Forestal District Renewal April 30, 2015 Page 3 LAKES/PONDS/STREAMS: The District lies within the Hiatt Run and Hot Run drainage areas. These two bodies of water are tributaries to the Opequon Creek. The establishment of this District will further assist with managing the quality of the County’s water resources. SOILS: The general relief of the District varies from rolling hills to ridges to the south and west and flat and gentle rolling hills to the north and east. This District lies within the Hiatt Run and Hot Run drainage area and water is available from ponds, wells and springs. PRIME AGRICULTURE SOIL: The largest amount of prime agricultural soils located within the District is Frederick-Poplimento. STAFF COMMENTS: This District is not part of any land use plan or study as indicted within the 2030 Comprehensive Policy Plan of Frederick County. (Comp Plan) The proposed District is located outside the Urban Development Area (UDA) and Sewer Water Service Area (SWSA), and is to remain rural in nature and protected from any future development. The intent of the County’s Rural Areas is to maintain agriculture as a significant portion of the County’s economy, and to maintain the rural character of areas outside of its UDA and SWSA. The proposed Agricultural and Forestal District is agriculturally significant as outlined in the Agricultural and Forestal Districts Act. AGRICULTURAL DISTRICT ADVISORY COMMITTEE FOR THE 4/20/15 MEETING: The Agricultural District Advisory Committee (ADAC) unanimously recommended approval to renew, remove acreage and add acreage to the North Opequon Agricultural and Forestal District at their meeting on April 20, 2015. CONCLUSIONS FOR THE 05/20/15 PLANNING COMMISSION MEETING: This is a request to the Frederick County Planning Commission to renew the North Opequon Agricultural and Forestal District, comprising a total of 407.48+/- acres. This District meets the intent of Chapter 43, Section 15.2-4300 of the Code of Virginia, 1950, as amended, and has been evaluated in conjunction with the 2030 Comprehensive Plan. This renewal and addition to the District provides an opportunity for the agribusiness community to conduct long range planning efforts for the management of their operations, while providing a reserve of agricultural land through the year 2020. Once renewed, the 407.48+/- acre District will be referred to as the 2015-2020 North Opequon Agricultural and Forestal District and will be a valid Agricultural and Forestal District through May 27, 2020. The Agricultural District Advisory Committee (ADAC) unanimously recommended approval of the 407.48+/- acre 2015-2020 North Opequon Agricultural and Forestal District at their meeting on April 20, 2015. Following a public hearing, a recommendation from the Planning Commission to forward to the Board of Supervisors would be appropriate. CLARKE COUNTYVIRGINIA J O R D A N S P R I N G S R D OLD CHARLES TOWN RD ST660 2015-2020 North OpequonAgricultural & Forestal District District Acreage: 407.48 Ac. I 0 0.3 0.60.15 MilesNote:Frederick County Dept of Planning & Development107 N Kent St. Suite 202, Winchester, VA 22601540 - 665 - 5651Map Created: April 20, 2015 ST761 ST761 ST664 ST672 OLD CHARLES TOWN RD 2015-2020 Ag and Forestal District - North Opequon April 20, 2015 PIN Owner Acres 45 A 10V CUMBERLAND PROPERTIES IV INC 6.50 45 A 10W CUMBERLAND PROPERTIES IV INC 6.62 45 A 30 CUMBERLAND PROPERTIES IV LLC 98.91 45 A 31 CUMBERLAND PROPERTIES IV LLC 50.75 45 A 32 CUMBERLAND PROPERTIES IV LLC 237.41 45 A 32A CUMBERLAND PROPERTIES IV LLC 7.29 Page 1 RED BUD AGRICULTURAL AND FORESTAL DISTRICT AGRICULTURAL & FORESTAL DISTRICT UPDATE RED BUD Staff Report for the Planning Commission Prepared: April 30, 2015 Staff Contact: Mark Cheran, Zoning Administrator Reviewed Action Agricultural District Advisory Committee: 04/20/15 Recommended Approval Planning Commission: 05/20/15 Pending Board of Supervisors: 05/27/15 Pending PROPOSAL: To update and renew the 2015-2020 Red Bud Agricultural and Forestal District. LOCATION: This District is generally located along Red Bud Road. MAGISTERIAL DISTRICT: Stonewall Magisterial District. EXECUTIVE SUMMARY FOR THE 05/20/15 PLANNING COMMISSION MEETING: This is a request to the Frederick County Planning Commission to renew the Red Bud Agricultural and Forestal District, comprising a total of 985.59+/- acres. This District meets the intent of Chapter 43, Section 15.2-4300 of the Code of Virginia, 1950, as amended, and has been evaluated in conjunction with the 2030 Comprehensive Plan. This renewal provides an opportunity for the agribusiness community to conduct long range planning efforts for the management of their operations, while providing a reserve of agricultural land through the year 2020. Once renewed, the 985.59+/- acre District will be referred to as the 2015-2020 Red Bud Agricultural and Forestal District and will be a valid Agricultural and Forestal District through May 27, 2020. The Agricultural District Advisory Committee (ADAC) unanimously recommended approval of the 985.59+/- acre 2015-2020 Red Bud Agricultural and Forestal District at their meeting on April 20, 2015. Following a public hearing, a recommendation from the Planning Commission to forward to the Board of Supervisors would be appropriate. Red Bud Agricultural and Forestal District Renewal April 30, 2015 Page 2 This report is prepared by the Frederick County Planning Staff to provide information to the Agricultural District Advisory Committee, Planning Commission, and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Agricultural District Advisory Committee: 04/20/15 Recommended Approval Planning Commission: 05/20/15 Pending Board of Supervisors: 05/27/15 Pending This is a request to the Frederick County Planning Commission to update the Red Bud Agricultural and Forestal District (District). Chapter 43, Section 15.2-4300 of the Code of Virginia, 1950, as amended, requires that Agricultural and Forestal Districts be reviewed by the local government every five years after establishment. The District was established in 2007 and subsequently updated in 2010. Ultimately, the Board of Supervisors approves, approves with modifications, or denies the proposal to establish or renew an Agricultural and Forestal District. LOCATION AND SIZE: This District is located in the Stonewall Magisterial District. This District is generally located along Red Bud Road. The District currently contains 1,076.27+/- acres. The proposed 2015-2020 District would be 985.59+/- acres. PARCELS AND CRITERIA: The ADAC met on February 19, 2015, to review the criteria for evaluating properties for inclusion in the Agricultural and Forestal District. The ADAC voted to not include any properties that were less than five acres in size and not in the land use assessment program. As a result, the following parcels with tax map numbers totaling 21.75+/- acres were removed: 43-A-159= 2.00 ac 55-A-115= 1.75 ac 44-A-28C= 4.30 ac 55-A-117= 4.33 ac 44D-2-6= 2.37 ac 55-A-118= 1.13 ac 55-A-5B= 1.00 ac 55-A-177= 0.38 ac 55-A-5D= 1.21 ac 55-A-178A= 1.28 ac 55-A-14= 2.00 ac The following parcels with tax map numbers totaling 67.51 +/- acres have been requested to be added to the District: 55-A-7B= 7.49 ac 55-A-7E= 5.02 ac 55-A-7C= 5.00 ac 55-A-152= 45.00 ac 55-A-7D= 5.00 ac The total acreage of the District after considering renewals, additions, and subtraction of land parcels Red Bud Agricultural and Forestal District Renewal April 30, 2015 Page 3 will be 985.59+/-acres. AGRICULTURAL & FORESTAL SIGNIFICANCE: The predominantly agricultural operations in the District are 75 percent agriculture (livestock, horses and crop harvest) and 25 percent open-space/woodlands. The area within the District is rural in nature. LAND USE: All parcels within the District are in agricultural or residential use. COMPREHENSIVE PLAN: The 2030 Comprehensive Policy Plan of Frederick County (Comp Plan) provides guidance when considering land use actions. The District lies in an area that is outside the Urban Development Area (UDA) and Sewer and Water Service Area (SWSA). The area is located within the Northeast Land Use Plan. About half of the District is designated as a Developmentally Sensitive Area in the Northeast Land Use Plan. The remaining parcels have no land use designation, which indicates the area should remain rural. LAKES/PONDS/STREAMS: The District lies primarily within the Redbud Run drainage area, and partially within the Hiatt Run drainage area. The District will assist with managing the quality of the County’s water resources. SOILS: The general relief of the District varies from a broad rolling valley to the west of Devils Backbone, to very steep forested land on the eastern parcels and along Redbud Run. This District is within the Redbud Run watershed and water is available from ponds, wells and springs. Most of the soils, with the exception of those on the steeper slopes, are suited to a wide variety of farm uses. These steeper slopes are mostly forested and are heavily wooded. Most of the area is in pasture, cultivated crops and hay with few woodland areas. PRIME AGRICULTURE SOIL: There is a limited amount of prime agricultural soils located within the District, which are Blairton, Carbo, Frederick, Guernesy, Massanetta. AGRICULTURAL DISTRICT ADVISORY COMMITTEE FOR THE 4/20/15 MEETING: The Agricultural District Advisory Committee (ADAC) unanimously recommended approval to renew, remove acreage and add acreage to the Red Bud Agricultural and Forestal District at their meeting on April 20, 2015. CONCLUSIONS FOR THE 05/20/15 PLANNING COMMISSION MEETING: This is a request to the Frederick County Planning Commission to renew the Red Bud Agricultural and Forestal District, comprising a total of 985.59+/- acres. This District meets the intent of Chapter 43, Section 15.2-4300 of the Code of Virginia, 1950, as amended, and has been evaluated in conjunction with the 2030 Comprehensive Plan. This renewal provides an opportunity for the agribusiness community to conduct long range planning efforts for the management of their operations, while providing a reserve of agricultural land through the year 2020. Once renewed, the 985.59+/- acre Red Bud Agricultural and Forestal District Renewal April 30, 2015 Page 4 District will be referred to as the 2015-2020 Red Bud Agricultural and Forestal District and will be a valid Agricultural and Forestal District through May 27, 2020. The Agricultural District Advisory Committee (ADAC) unanimously recommended approval of the 985.59+/- acre 2015-2020 Red Bud Agricultural and Forestal District at their meeting on April 20, 2015. Following a public hearing, a recommendation from the ADAC to forward to the Planning Commission would be appropriate. REDB U D R D VALLEY MILL R D SENSENY R D ST820 ST660 ST659ST661 ST656 ST664 ST661 ST661 §¨¦81 §¨¦81 Winchester 2015-2020 Red BudAgricultural & Forestal District District Acreage: 985.59 Ac. I 0 0.4 0.80.2 MilesNote:Frederick County Dept of Planning & Development107 N Kent St. Suite 202, Winchester, VA 22601540 - 665 - 5651Map Created: April 20, 2015 0111 017 017 0137 0111 Future Route 37 Bypass SEN S E N Y R D VALLEY MILL RD RE D B U D R D 2015-2020 Ag and Forestal District - Red Bud April 20, 2015 PIN Owner Acres 44 A 28G JOBE, ALLEN B. & VELDA D.5.00 44 A 28A JOBE, ALLEN B. & VELDA D.20.46 43 A 154 SHENANDOAH VALLEY BATTLEFIELDS 36.27 44 A 28D BODEN, ROBERT R. JR. & MARSHA 5.00 55 A 6 HULVER, JOSEPH F T JR 24.04 55 A 7A OATES, GARY K & CONSTANCE JOBE 9.37 44 A 28 WERDEBAUGH, DONNA W & DONALD M 8.72 54 A 88 ASSOCIATION FOR THE PRESERVATION 181.03 55 A 7 OATES, GARY K & CONSTANCE JOBE 13.47 44 A 28I MILLER, VOIGHT G & BONNIE L 8.00 55 A 129A GREGG, DAVID M & A KATHERINE 33.00 54 A 89C SHENANDOAH VALLEY BATTLEFIELDS 100.00 55 A 5C HERRING, STACY 17.01 55 A 5 HERRING, KEVIN L 33.43 55 A 5A HERRING, STACY ALAN 3.56 54 A 90 ASSOCIATION FOR THE PRESERVATION 41.00 55 A 109B JENKINS, JEFFREY G & ROSEANNA M 8.82 55 A 138 SEMPELES, STEPHANIE M.21.50 55 A 139 SEMPELES, STEPHANIE M.7.31 54 A 87 BRITZ, WILLIAM D & CLAUDIA J 20.00 55 A 8 SCHWARTZMAN, BERNARD 25.90 55 A 151 MCALLISTER, JANE P 19.00 55 A 151A MCALLISTER, JANE P 5.00 44 A 28B UNGER, KENNETH R.25.00 55 A 181A SCHULLER, WILLIAM H SR & GENEVIEVE 4.41 55 A 179 SCHULLER, WILLIAM H JR 12.86 55 A 181B SCHULLER, WILLIAM H & GENEVIEVE C 11.12 55 A 178 SCHULLER, WILLIAM H SR & GENEVIEVE 2.99 55 A 182D DIMASI, ANTHONY J 5.00 55 A 4 SHENANDOAH VALLEY BATTLEFIELDS 126.52 55 A 3 SHENANDOAH VALLEY BATTLEFIELDS 83.29 55 A 152 MCALLISTER, JANE P 45.00 55 A 7B OATES, GARY K 7.49 55 A 7C OATES, GARY K 5.00 55 A 7D OATES, GARY K 5.00 55 A 7E OATES, GARY K 5.02 Page 1 SOUTH FREDERICK AGRICULTURAL AND FORESTAL DISTRICT AGRICULTURAL & FORESTAL DISTRICT UPDATE SOUTH FREDERICK Staff Report for the Planning Commission Prepared: April 30, 2015 Staff Contact: Mark Cheran, Zoning Administrator Reviewed Action Agricultural District Advisory Committee: 04/20/15 Recommended Approval Planning Commission: 05/20/15 Pending Board of Supervisors: 05/27/15 Pending PROPOSAL: To update and renew the 2015-2020 South Frederick Agricultural and Forestal District. LOCATION: This District is generally located along Cedar Creek Grade (Route 622), Middle Road (Route 628), Marlboro Road (Route 631) and Hites Road (Route 625). MAGISTERIAL DISTRICT: Back Creek Magisterial District. EXECUTIVE SUMMARY FOR THE 05/20/15 PLANNING COMMISSION MEETING: This is a request to the Frederick County Planning Commission to renew the South Frederick Agricultural and Forestal District, comprising a total of 5,845.90+/- acres. This District meets the intent of Chapter 43, Section 15.2-4300 of the Code of Virginia, 1950, as amended, and has been evaluated in conjunction with the 2030 Comprehensive Plan. This renewal and addition to the District provides an opportunity for the agribusiness community to conduct long range planning efforts for the management of their operations, while providing a reserve of agricultural land through the year 2020. Once renewed, the 5,845.90+/- acre District will be referred to as the 2015-2020 South Frederick Agricultural and Forestal District and will be a valid Agricultural and Forestal District through May 27, 2020. The Agricultural District Advisory Committee (ADAC) unanimously recommended approval of the 5,845.90+/- acre 2015-2020 South Frederick Agricultural and Forestal District at their meeting on April 20, 2015. Following a public hearing, a recommendation from the Planning Commission to forward to the Board of Supervisors would be appropriate. South Frederick Agricultural and Forestal District Renewal April 30, 2015 Page 2 This report is prepared by the Frederick County Planning Staff to provide information to the Agricultural District Advisory Committee, Planning Commission, and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Agricultural District Advisory Committee: 04/20/15 Recommended Approval Planning Commission: 05/20/15 Pending Board of Supervisors: 05/27/15 Pending This is a request to the Frederick County Planning Commission to update the South Frederick Agricultural and Forestal District (District). Chapter 43, Section 15.2-4300 of the Code of Virginia, 1950, as amended, requires that Agricultural and Forestal Districts be reviewed by the local government every five years after establishment. The District was established in 1980 and subsequently updated in 2010. Ultimately, the Board of Supervisors approves, approves with modifications, or denies the proposal to establish or renew an Agricultural and Forestal District. LOCATION AND SIZE: This District is located in the Back Creek Magisterial District and located along Cedar Creek Grade (Route 622), Middle Road (Route 628), Marlboro Road (Route 631), and Hites Road (Route 625). The District currently contains 6,090.47+/- acres. The new District would contain 5,845.90+/- acres. PARCEL AND CRITERIA: The ADAC met on February 19, 2015, to review the criteria for evaluating properties for inclusion in the Agricultural and Forestal District. The ADAC voted to not include any properties that were less than five acres in size and not in the land use assessment program. As a result, the following parcels totaling 36.70+/- acres were removed: 61-A-29= 1.5 ac. 73-A-28= 4.00 ac. 73-12-23= 2.98 ac. 61-A-23A= 1.00 ac. 73-A-30= 4.83 ac. 74-A-10F= 1.46 ac. 61-A-43E= 1.00 ac. 73-A-30A= 1.71 ac. 74-A-14= 2.00 ac. 62-A-27= 1.30 ac. 73-A-30E= 1.01 ac. 74-A-15= 3.00 ac. 72-A-83= 0.50 ac. 73-A-64A= 2.32 ac. 74-A-15A= 1.23 ac. 73-A-27= 4.00 ac. 73-12-11= 2.86 ac. The following parcels with tax map numbers totaling 473.50+/- acres have been requested to be added to the District: South Frederick Agricultural and Forestal District Renewal April 30, 2015 Page 3 60-A-73= 116.72 ac. 61-A-96D= 100.00 ac. 61-A-127A= 68.45 ac. 72-A-3= 33.50 ac. 73-A-30-O= 51.16 ac. 73-A-88= 78.00 ac. 83-A-81A= 25.67 ac. The total acreage of the District after considering renewals, additions, and subtraction of land parcels will be 5,845.90+/- acres. AGRICULTURAL & FORESTAL SIGNIFICANCE: The agricultural operations in the District are 90 percent agriculture (orchard, and crop harvesting) and 10 percent open-space/woodlands. The area within the District is rural in nature. LAND USE: All parcels within the District are in agricultural or residential use. COMPREHENSIVE PLAN: The 2030 Comprehensive Policy Plan of Frederick County (Comp Plan) provides guidance when considering land use actions. The District is outside the Urban Development Area (UDA) and Sewer and Water Service Area (SWSA), and is not part of any land use plan or study by the County. The current land use should remain in its present land use of pristine condition with orchards, agricultural, and residential. The intent of the Rural Areas is to maintain agriculture as a significant portion of the County’s economy and to maintain the rural character of areas outside of the Urban Development Area. The Comprehensive Plan can accomplish this by promoting the inclusion of additional land in Agricultural and Forestal Districts. The Comprehensive Plan supports the renewal of the District, for it provides an opportunity for the agribusiness community to conduct long range planning efforts for the management of their operations, while providing a reserve of agricultural land through the year 2020. LAKES/PONDS/STREAMS: The District lies primarily within the Opequon Creek and Stephens Run drainage area. The District will further assist with managing the quality of the County’s water resources. SOILS: The general relief of the District varies from rolling hills to ridges to the north, west, south and east. This District lies within the Opequon Creek watershed and water is available from ponds, wells and springs. PRIME AGRICULTURE SOIL: The largest amount of prime agricultural soils located within the District is Frederick-Poplimento. STAFF COMMENTS: Based on this information, staff feels that this District is agriculturally significant as outlined in the Agricultural and Forestal Districts Act. Furthermore, this District would conform to the County’s Comprehensive Policy Plan which labels the area as rural. South Frederick Agricultural and Forestal District Renewal April 30, 2015 Page 4 AGRICULTURAL DISTRICT ADVISORY COMMITTEE FOR THE 4/20/15 MEETING: The Agricultural District Advisory Committee (ADAC) unanimously recommended approval to renew, remove acreage and add acreage to the South Frederick Agricultural and Forestal District at their meeting on April 20, 2015. CONCLUSIONS FOR THE 05/20/15 PLANNING COMMISSION MEETING: This is a request to the Frederick County Planning Commission to renew the South Frederick Agricultural and Forestal District, comprising a total of 5,845.90+/- acres. This District meets the intent of Chapter 43, Section 15.2-4300 of the Code of Virginia, 1950, as amended, and has been evaluated in conjunction with the 2030 Comprehensive Plan. This renewal and addition to the District provides an opportunity for the agribusiness community to conduct long range planning efforts for the management of their operations, while providing a reserve of agricultural land through the year 2020. Once renewed, the 5,845.90+/- acre District will be referred to as the 2015-2020 South Frederick Agricultural and Forestal District and will be a valid Agricultural and Forestal District through May 27, 2020. The Agricultural District Advisory Committee (ADAC) unanimously recommended approval of the 5,845.90+/- acre 2015-2020 South Frederick Agricultural and Forestal District at their meeting on April 20, 2015. Following a public hearing, a recommendation from the Planning Commission to forward to the Board of Supervisors would be appropriate. MIDDLE RDLA U R E L G R O V E R D MARLBORO RD BA R L E Y L N §¨¦81 0111Stephens City Winchester LAU R E L G R O V E R D 2015-2020 South FrederickAgricultural & Forestal District District Acreage: 5,845.90 Ac. I 0 0.85 1.70.425 MilesNote:Frederick County Dept of Planning & Development107 N Kent St. Suite 202, Winchester, VA 22601540 - 665 - 5651Map Created: April 20, 2015 01277 ST622 ST622 ST628 ST628 0137 0137 Future Route 37 Bypass MIDDLE R D CED A R C R E E K G R LAUREL GR O V E R D CEDA R C R E E K G R CEDAR CREEK GR 2015-2020 Ag and Forestal District - South Frederick April 20, 2015 PIN Owner Acres 52 A 300 DTS, LC 305.43 62 A 22 GROUNDWATER, ROBERT B & MARY SUE 10.54 62 A 21 MILLER, JUSTIN T. & JULIE P.9.15 61 A 96 M & M LP, LLP 69.27 62E 1 6 26 NERANGIS, NICHOLAS J & KATHLEEN B 10.00 62E 1 6 27 NERANGIS, NICHOLAS J & KATHLEEN B 5.10 62E 1 6 25 NERANGIS, NICHOLAS J & KATHLEEN B 5.01 62E 1 3 14 GOSA, JAMES J. & PATRICIA R.5.41 61 A 106 M & M LP, LLP 42.00 61 A 116 M & M LP, LLP 44.92 61 A 45 FAWCETT, THOMAS L 29.97 61 A 107 M & M LP, LLP 19.00 61 A 118 M & M LP, LLP 77.50 61 A 117 M & M LP, LLP 29.00 61 A 120 M & M LP, LLP 9.92 61 A 127 M & M LP, LLP 100.00 61 A 119 M & M LP, LLP 16.00 61 A 34 WOODBINE FARMS, INC.14.00 61 A 126 M & M LP, LLP 11.00 61 A 128 WOODBINE FARMS, INC.137.50 61 A 37 WOODBINE FARMS, INC.11.60 61 A 130 WOODBINE FARMS, INC.30.00 61 A 30 WOODBINE FARMS, INC.44.00 61 A 129 WOODBINE FARMS, INC.48.00 60 A 73B FAWCETT, ROBERT L 18.87 61 A 131 WOODBINE FARMS, INC.7.75 61 A 22 WRIGHT, VERNON C & EULA H 87.48 60 A 75 TRIPLE S ASSOCIATES 39.03 73 A 66 WOODBINE FARMS, INC.280.01 61 A 23 BHS, LC 154.75 61 A 21 BHS, LC 34.00 61 A 25 BHS, LC 5.50 61 A 26 BHS, LC 4.50 73 A 63 BHS, LC 240.17 61 A 24 BHS, LC 20.16 61 A 27 BHS, LC 4.00 72 A 45 DOGWOOD KNOLL, LC 5.25 73 A 4 DOGWOOD KNOLL, LLC 50.00 73 A 10 BHS, LC 190.80 72 A 53 MCDONALD, ALBERT A & SYLVIA 197.00 73 A 10A FRUIT HILL ORCHARD, INC.5.00 73 A 17 KSS, LC 160.00 73 A 13 SNAPP, ALFRED L. & SON, INC.84.69 72 A 29L STOUT, JEFFREY T 15.85 73 A 90B ANDERSON, DANIEL W & SANDRA K 7.92 73 A 39 CARBAUGH, DAVID HENRY 11.90 Page 1 2015-2020 Ag and Forestal District - South Frederick April 20, 2015 73 A 16 KSS, LC 134.21 73 A 18 BAUSERMAN, CHARLES C 135.93 73 A 94 RIDINGS, L VERNON RESIDUAL TRUST 12.35 72 A 59 BAUGHMAN, VASILIKI K 20.00 73 A 29 ANDERSON, PAUL G JR & MARY EDNA 41.38 72 A 58 BAUGHMAN, VASILIKI K 168.50 74 A 15B HUMPHRIES, CHERYL W.32.34 73 A 100 ANDERSON, PAUL G JR & MARY EDNA 100.00 74 A 12 BARLEY, GLENN & MARY K.9.00 73 A 30B ANDERSON, SHIRLEY K 5.95 73 A 20 BAUSERMAN, CHARLES C 234.43 73 A 21 WOODBINE FARMS, INCORPORATED 271.00 74 A 18 WINCHESTER WAREHOUSING, INC 109.14 73 A 30H SWACK, JOSEPH J. & PHYLLIS S.6.15 73 A 30I RINKER, DUDLEY H.6.43 73 A 104 WINCHESTER WAREHOUSING, INC 103.85 72 A 82 MEAGHER, CONSTANCE M 12.00 74 A 18A WINCHESTER WAREHOUSING, INC 80.00 73 A 103 HUEY, JAMES Q. JR. & JO ELLEN 24.40 74 A 18B WINCHESTER WAREHOUSING, INC 58.39 85 A 1 NATIONAL FRUIT ORCHARDS, INC 122.29 84 A 44 RIDINGS, L VERNON RESIDUAL TRUST 51.95 84 A 40A SNAPP, ALFRED L. JR. & BETTY V.46.00 84 A 2 MEAGHER, CONSTANCE M 66.50 84 A 41 REDMILES, DONALD R & STELLA M 6.00 84 A 40 SNAPP, ALFRED L & SON, INC.69.30 84 A 42A RAMEY, WADE A & ANGELA I 6.00 83 A 100 HUFFMAN, WINSTON D & ELIZABETH G 14.11 84 A 6 MEAGHER, CONSTANCE M 60.00 73 A 67 WOODBINE FARMS, INC.23.00 61 A 31 NELSON, LINDA K 52.32 83 A 87 REZIN, JEFFREY L & SHARON K 20.57 62E 1 5 23 ZAMORA, EDUARDO D 5.00 62 A 34 GREGORY, RUTH CARSON 107.79 74 A 10A EARHART, LARRY L & JOYCE C 13.80 73 A 31 WOODBINE FARMS INC.83.62 62 12 5 53 M & M LP LLP 97.21 73 A 73 WOODBINE FARMS INC.45.54 73 A 24 RIDINGS L VERNON RESIDUAL TRUST 10.00 84 A 50 WOODBINE FARMS INCORPORATED 197.00 73 A 88 FRUIT HILL ORCHARD INC 78.00 73 A 30O ANDERSON, SHIRLEY K 51.16 83 A 81A REZIN, JEFFERY L 25.67 60 A 73 FAWCETT, BETTY JEAN TRUSTEE OF THE 116.72 61 A 96D M & M LP LLP 100.00 61 A 127A M & M LP LLP 68.45 72 A 3 RIDINGS L VERNON RESIDUAL TRUST 33.50 Page 2 SOUTH TIMBER RIDGE AGRICULTRUAL AND FORESTAL DISTRICT AGRICULTURAL & FORESTAL DISTRICT UPDATE SOUTH TIMBER RIDGE Staff Report for the Planning Commission Prepared: April 30, 2015 Staff Contact: Mark Cheran, Zoning Administrator Reviewed Action Agricultural District Advisory Committee: 04/20/15 Recommended Approval Planning Commission: 05/20/15 Pending Board of Supervisors: 05/27/15 Pending PROPOSAL: To update and renew the 2015-2020 South Timber Ridge Agricultural and Forestal District. LOCATION: This District is generally located along Hollow Road (Route 707) to the north, Muse Road (Route 610) and Gold Orchard Road (Route 708) to the east. MAGISTERIAL DISTRICT: Gainesboro Magisterial District. EXECUTIVE SUMMARY FOR THE 05/20/15 PLANNING COMMISSION MEETING: This is a request to the Frederick County Planning Commission to renew the South Timber Ridge Agricultural and Forestal District, comprising a total of 979.08+/- acres. This District meets the intent of Chapter 43, Section 15.2-4300 of the Code of Virginia, 1950, as amended, and has been evaluated in conjunction with the 2030 Comprehensive Plan. This renewal provides an opportunity for the agribusiness community to conduct long range planning efforts for the management of their operations, while providing a reserve of agricultural land through the year 2020. Once renewed, the 979.08+/-acre District will be referred to as the 2015-2020 South Timber Ridge Agricultural and Forestal District and will be a valid Agricultural and Forestal District through May 27, 2020. The Agricultural District Advisory Committee (ADAC) unanimously recommended approval of the 979.08+/- acre 2015- 2020 South Timber Ridge Agricultural and Forestal District at their meeting on April 20, 2015. Following a public hearing, a recommendation from the Planning Commission to forward to the Board of Supervisors Commission would be appropriate. South Timber Ridge Agricultural and Forestal District Renewal April 30, 2015 Page 2 This report is prepared by the Frederick County Planning Staff to provide information to the Agricultural District Advisory Committee, Planning Commission, and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Agricultural District Advisory Committee: 04/20/15 Recommended Approval Planning Commission: 05/20/15 Pending Board of Supervisors: 05/27/15 Pending This is a request to the Frederick County Planning Commission to update the South Timber Ridge Agricultural and Forestal District (District). Chapter 43, Section 15.2-4300 of the Code of Virginia, 1950, as amended, requires that Agricultural and Forestal Districts be reviewed by the local government every five years after establishment. The District was established in 2010. Ultimately, the Board of Supervisors approves, approves with modifications, or denies the proposal to establish or renew an Agricultural and Forestal District. LOCATION AND SIZE: The District is located in the Gainesboro Magisterial District along Hollow Road (Route 707) to the north, Muse Road (Route 610) and Gold Orchard Road (Route 708) to the east. The District currently contains 17 parcels and 981.08+/- acres, managed by one (1) property owner. The proposed 2015-2020 District would total 979.08+/- acres. PARCEL AND CRITERIA: The ADAC met on February 19, 2015, to review the criteria for evaluating properties for inclusion in the Agricultural and Forestal District. The ADAC voted to not include any properties that were less than five acres in size and not in the land use assessment program. As a result, the removal of one parcel (tax map number: (26-A-61A) of 2.00+/- acres, leaves this District a total of 979.08+/- acres, to be managed by the same property owner. AGRICULTURAL & FORESTAL SIGNIFICANCE: The agricultural operations in the District are 90 percent agriculture (orchard and crop harvesting) and 10 percent open-space/woodlands. The area within the District is rural in nature. LAND USE: All the parcels within the District are in agricultural or residential use. COMPREHENSIVE PLAN: The 2030 Comprehensive Policy Plan of Frederick County provides guidance when considering land use actions. The location of the District lies outside the Urban Development Area (UDA) and Sewer and Water Service Area (SWSA), and is not part of any land use plan or study by the County. The land use within the District is residential and agricultural. The current land use should remain in its present land use of pristine condition with land use of orchards, agricultural, and residential. South Timber Ridge Agricultural and Forestal District Renewal April 30, 2015 Page 3 LAKES/PONDS/STREAMS: The District lies primarily within the Gainesboro drainage area. The District will further assist with managing the quality of the County’s water resources. SOILS: The general relief of the District varies from rolling hills to ridges to the north, west, south and east. This District lies within the Gainesboro watershed and water is available from ponds, wells and springs. PRIME AGRICULTURE SOIL: The largest amount of prime agricultural soils located within the District is Weikert-Berks-Blairton. STAFF COMMENTS: The 2030 Comprehensive Policy Plan of Frederick County indicates the area of the County where this District is not part of any land use plan or study. The District is located outside the UDA and SWSA, and is to remain rural in nature and protected from any future development. The intent of the Rural Areas is to maintain agriculture as a significant portion of the County’s economy, and to maintain the rural character of areas outside of its UDA. AGRICULTURAL DISTRICT ADVISORY COMMITTEE FOR THE 4/20/15 MEETING: The Agricultural District Advisory Committee (ADAC) unanimously recommended approval to renew, remove acreage and add acreage to the South Timber Ridge Agricultural and Forestal District at their meeting on April 20, 2015. CONCLUSIONS FOR THE 05/20/15 PLANNING COMMISSION MEETING: This is a request to the Frederick County Planning Commission to renew the South Timber Ridge Agricultural and Forestal District, comprising a total of 979.08+/- acres. This District meets the intent of Chapter 43, Section 15.2-4300 of the Code of Virginia, 1950, as amended, and has been evaluated in conjunction with the 2030 Comprehensive Plan. This renewal provides an opportunity for the agribusiness community to conduct long range planning efforts for the management of their operations, while providing a reserve of agricultural land through the year 2020. Once renewed, the 979.08+/- acre District will be referred to as the 2015-2020 South Timber Ridge Agricultural and Forestal District and will be a valid Agricultural and Forestal District through May 27, 2020. The Agricultural District Advisory Committee (ADAC) unanimously recommended approval of the 979.08+/- acre 2015- 2020 South Timber Ridge Agricultural and Forestal District at their meeting on April 20, 2015. Following a public hearing, a recommendation from the Planning Commission to forward to the Board of Supervisors would be appropriate. HAMPSHIRE COUNTYWEST VIRGINIA MUS E R D HOLLOW RD CARP E R S P I K E ST610 ST704 ST733 2015-2020 South Timber RidgeAgricultural & Forestal District District Acreage: 979.08 Ac. I 0 0.3 0.60.15 MilesNote:Frederick County Dept of Planning & Development107 N Kent St. Suite 202, Winchester, VA 22601540 - 665 - 5651Map Created: April 20, 2015 0150 ST259 ST259 CARP E R S P I K E HOLLO W R D MUS E R D 2015-2020 Ag and Forestal District - South Timber Ridge April 20, 2015 PIN Owner Acres 26 A 63 TIMBER RIDGE FRUIT FARM LLC 38.54 37 A 74 TIMBER RIDGE FRUIT FARM LLC 20.54 26 A 61 TIMBER RIDGE FRUIT FARMS LLC 100.16 26 A 64 TIMBER RIDGE FRUIT FARM LLC 81.06 26 A 62 TIMBER RIDGE FRUIT FARM LLC 35.30 26 A 65 TIMBER RIDGE FRUIT FARM LLC 7.61 26 A 46 WATT CORDELL L 141.04 26 A 43 WATT CORDELL L 2.89 26 A 45 WATT CORDELL L 0.31 26 A 42 WATT CORDELL L 0.53 37 A 1A WATT CORDELL L 10.00 26 A 43A WATT CORDELL L & KIMBERLY K 11.23 37 A 1 TIMBER RIDGE FRUIT FARM LLC 176.03 26 A 49 WATT CORDELL L 85.29 37 A 72 SPRING RIDGE LLC 162.46 37 A 73 SPRING RIDGE LLC 106.09 Page 1 B 2015-2016 INTERSTATE ROAD IMPROVEMENT PLAN for FREDERICK COUNTY, VIRGINIA Frederick County Transportation Committee: 05/04/2015 Frederick County Planning Commission: Frederick County Board of Supervisors: I-81 Improvements: Provide additional travel lanes on the main line, evaluate collector-distributor lanes adjacent to the main line, modifications to existing interchange areas, and develop new interchange areas and bridge crossings of the main line as recommended by the WinFred MPO Long Range Plan. In addition, as the State continues to work toward an ultimate plan for the I-81 widening, the County of Frederick continues to support the study of Eastern Route 37 as a potential corridor on new location as an alternative for that effort. Moreover, the County of Frederick supports exploration of the potential for rail transportation as a component of the Interstate 81 Corridor improvements. A) Phase 1 of the FHWA approved interchange modification to Exit 310 (as illustrated on map as priority A) B) Relocate Exit 307 further south to alleviate existing and future congestion on Route 277. Note: Relocation study is underway. (as illustrated on map as priority B) C) Widen I-81 from Fairfax Pike to Route 37 North. This should include the relocation of the 277 Interchange. From: Route 277, Exit 307 To: Route 37 North, Exit 310 (as illustrated on map as priority C) D) Widen Remainder of I-81 in Frederick County From: West Virginia line To: Warren County line (as illustrated on map as priority D) E) Spot Improvements on I-81 in Frederick County. Provide spot improvements at various interchanges to increase capacity and/or enhance safety for the motoring public. §¨¦81 §¨¦66 §¨¦81 £¤11 £¤522 £¤11 £¤50 £¤522 £¤522 £¤11 £¤11 £¤522 £¤522 £¤7 £¤50 £¤522£¤50 £¤50 £¤11 £¤37 £¤37 Winchester Middletown StephensCity 2015 - 2016Interstate RoadImprovement Plan 0 13,000 26,0006,500 Feet Priority A Priority B Priority C Make Safety & Operational Improvements at Exit 310!( Widen I81 fromRt277 N to Rt37 N Widen Remainder of I81Priority D !(Urgent Need for Increased StudyRelocate Exit 307 at RT 277 2015-2016 PRIMARY ROAD IMPROVEMENT PLAN for FREDERICK COUNTY, VIRGINIA Frederick County Transportation Committee: 05/04/2015 Frederick County Planning Commission: Frederick County Board of Supervisors: 1) Route 37 Bypass A. Route 37 - Phase 1 Initiate final engineering and design, acquire right-of-way, and establish a construction phase schedule for the southern segment of the Route 37 Eastern Bypass from Interstate 1-81 to Front Royal Pike (Route 522 South). (As illustrated on map as priority 1A) B. Route 37 - Phase 2 Initiate final engineering and design, acquire right-of-way, and establish a construction phase schedule for the preferred alternative between existing Route 37 around Stonewall Industrial Park and Route 7. (As illustrated on map as priority 1B) C. Route 37 - Phase 3 Initiate final engineering and design, acquire right-of-way, and establish a construction phase schedule for the preferred alternative between Route 7 and Route 522. (As illustrated on map as priority 1C) 2) Route 277 (East of Stephens City) From: I-81/Route 277/Route 647 Intersection (East of Stephens City) To: Route 340/Route 522 South Intersection (East of Double Toll Gate) Improve to a four lane divided roadway with County staff to work with site developers to acquire dedicated right-of-way and achieve grading, drainage, and construction improvements in conjunction with development projects which occur along the corridor until such time that funding is available for construction. Establish a construction schedule for the phased improvement of Fairfax Pike (Route 277). Program funding for the completion of right-of-way acquisition and construction of each phase as described above. 3) Route 11 (North and South of Winchester) A) Establish an Urban Divided Four Lane System From: Southern limits of the City of Winchester To: 0.4 miles south of intersection of Route 37 South, Exit 310 (As illustrated on map as priority 3A) B) Establish an Urban Divided Six Lane System From: Northern limits of the City of Winchester To: Intersection of Cedar Hill Road (As illustrated on map as priority 3B) C) Establish an Urban Divided Four Lane System From: Intersection of Cedar Hill Road To: West Virginia line (As illustrated on map as priority 3C) 4) South Frederick County Parkway From: Relocated Exit 307 To: Intersection with Route 277 approximately 1 mile west of the intersection of Route 277 and Route 522 This is a planned new roadway with limited access points serving a mixture of predominantly commercial and industrial development. There is need to study this project in conjunction with the Exit 307 relocation and planning for Route 277 improvements noted in item 3. Phasing of this project is not yet clearly defined, however general phasing would be from West to East with the clear first phase being from relocated Exit 307 to Warrior Drive. (As illustrated on map as priority 4) 5) Commuter Park and Ride Lots Establish a new park and ride facility along the Berryville Pike (Route 7) corridor. Work with the Northern Shenandoah Valley Regional Commission to determine appropriate locations for park and ride facilities at other strategic locations within the County’s Urban Development Area. For Park and Ride locations in Frederick County the primary goal should be that they are situated in such a manner that they reduce traffic in Frederick County in addition to adjacent localities. (As illustrated on map as priority 5) 1A 2 3C 3A 4 1B 1B 1C 2 3B Winchester Stephens City £¤37 £¤50 £¤11 £¤7 £¤522 £¤50 £¤37 £¤11 £¤522 £¤37 £¤37 £¤11 £¤50 £¤522 §¨¦81 §¨¦81 §¨¦81 §¨¦81 2015 - 2016Primary RoadImprovementPlan 0 1 20.5 Miles Rt37 Bypass Phases Priority 1A Priority 1B Priority 1C Rt277 East of StephensCity Priority 2 Rt11 North & South Priority 3A Priority 3B Priority 3C South Frederick County Parkway Priority 4 Commuter - Park & Ride Lots !(Priority 5 3B 2015/16-2020/21 SECONDARY ROAD IMPROVEMENT PLAN for FREDERICK COUNTY, VIRGINIA Frederick County Transportation Committee: 05/04/2015 Frederick County Planning Commission: Frederick County Board of Supervisors: FREDERICK COUNTY MAJOR ROAD IMPROVEMENT PROJECTS 2015/2016 through 2020/2021 Major road improvement projects command the reconstruction of hardsurfaced roads to enhance public safety. Improvements required for road width, road alignment, road strength, and road gradient are considered major road improvements projects. RA N K RO U T E RO A D N A M E FR O M TO AV E R A G E DA I L Y T R A F F I C CO U N T DI S T A N C E MA G I S T E R I A L DI S T R I C T ES T I M A T E D C O S T AD V E R T I S E M E N T DA T E CO M M E N T S 1) 655 Sulphur Springs Road Route 50 .30 Mi East Rt. 656 6000 1.1 miles SH $7,505,445 2013 $5,798,052 Allocated 2) 661 Red Bud Road .47 Mi South Route 11 Int. Snowden Bridge Blvd. 1300 0.5 miles ST $2,000,000 UN/SH Partial Funded Relocation 3) 672 Brucetown Road Route 11 .35 Mi East 3200 0.35 miles ST $1,500,000 Significantly Variable UN/SH Partial Funded $100,000 Thru Plan 4) 788 East Tevis Street Route 522 Winchester City Limit N/A 0.44 miles SH $10,414,000 Revenue Sharing UN/SH Appited for R/S Funds 5) 788 East Tevis Street Route 522 I-81 N/A 0.40 miles SH $1,400,000 Revenue Sharing UN/SH Cover Overall Project Needs 6) 11 Martinsburg Pike Under 81 Overpass Exit 317 16000 0.20 miles ST $3,346,924 Revenue Sharing UN/SH LF Turn Lns SBound @ I-81 Overpass $1.9 Mil Short on Funding 7) 723 Carpers Valley Road At Clarke County line 1100 N/A SH $1,262,327 Beyond 2014 Federal Bridge Replacement Funding 8) 788 Renaissance .24 Mi West Route 11 Int. Shady Elm Road N/A .18 miles BC $1,635,658 2015 R/S Funds 9) 659 Valley Mill Road .5 Mi East Of Channing Dr. Rt. 7 N/A .65 miles RB $7,200,000 UN/SH R/S Funds Under Funded $5.2M 10) 645 Airport Road Extension Int Route 522 Int East Tevis Road N/A .4 Miles SH $5,600,000 UN/SH R/S Funds 11) 883 Snowden Bridge Blvd. Int. Route 11 Directly before Int. Milburn N/A .8 Miles ST $8,136,700 2015 R/S Funds £¤50 £¤11 £¤7 £¤522 £¤37 £¤522 £¤11 £¤11 £¤50 £¤37 £¤522 §¨¦81 §¨¦81 §¨¦81 Winchester Stephens City Frederick CountyMajor RoadImprovement Projects2015/2016 thru 2020/2021 0 1 20.5 Milesµ 1 2 3 4 5 6 78 9 10 1. Sulphur Springs Rd 2. Redbud Rd 3. Brucetown Rd 4. East Tevis Street 6. Martinsburg Pike 7. Carpers Valley Rd8. Renaissance Dr9. Valley Mill Rd 5. East Tevis Street 11. Snowden Bridge Blvd 10. Airport Rd Extension 11 FREDERICK COUNTY NON-HARDSURFACE ROAD IMPROVEMENT PROJECTS 2015/2016 through 2020/2021 Non-Hardsurface road improvement projects provide impervious resurfacing and reconstruction of non-hardsurfaced secondary roads. Non-Hardsurface improvement projects are prioritized by an objective rating system, which considers average daily traffic volumes; occupied structures; physical road conditions including geometrics, drainage, and accident reports; school bus routing; and the time that project requests have been on the Secondary Road Improvement Plan. RA N K RO U T E RO A D N A M E FR O M TO AV E R A G E DA I L Y T R A F F I C CO U N T DI S T A N C E MA G I S T E R I A L DI S T R I C T ES T I M A T E D CO S T AD V E R T I S E M E N T DA T E CO M M E N T S 671 Woodside Road Route 11 0.4 East of Route 11 50 0.4 miles ST $144,000 UN/SH $20,000 Allocated Potential Rural Rustic/Funding by Others 671 Woodside Road Route 669 WV Line 270 0.30 miles ST $91,500 04/28/2017 CTB Unpaved Roads Funding 661 Wright Road Route 669 WV Line 240 1.84 miles ST $561,200 04/30/2018 CTB Unpaved Roads Funding 629 Carter Lane Route 631 Route 625 220 1.8 miles BC $549,000 04/30/2019 CTB Unpaved Roads Funding 692 Pack Horse Road 1.2 Mi NE of Rt. 600 Route 671 210 1.4 miles GA $427,000 04/30/2020 CTB Unpaved Roads Funding 629 Laurel Grove Road Route 622 1.25 Mi W of Rt. 622 200 1.25 miles BC 376,000 04/30/2021 CTB Unpaved Roads Funding 629 Laurel Grove Road 1.25 Mi W of Rt. 622 2.5 Mi W of Rt. 622 200 1.25 miles BC 376,000 04/30/2021 CTB Unpaved Roads Funding £¤522 £¤37 £¤259 £¤277 £¤55 £¤50 £¤11 £¤127 £¤522 £¤7 £¤11 £¤37 £¤50 £¤522 §¨¦66 §¨¦81 §¨¦81 §¨¦81 Winchester Stephens City Middletown Frederick CountyNon-Hardsurfaced RoadImprovement Projects2015/2016 thru 2020/2021 µ 0 4 82 Miles 1 2 3 4 5 6 7 1. Woodside Rd 2. Woodside Rd 3. Wright Rd 4. Carter Ln 5. Pack Horse Rd 6. Laurel Grove Rd 7. Laurel Grove Rd FREDERICK COUNTY UNSCHEDULED NON-HARDSURFACE ROAD IMPROVEMENT PROJECTS RATINGS NOT UPDATED 2015/2016 through 2020/2021 RA N K RO U T E RO A D N A M E FR O M TO AV E R A G E DA I L Y T R A F F I C CO U N T DI S T A N C E MA G I S T E R I A L DI S T R I C T RA T I N G CO M M E N T S 1) 707 Hollow Road WV Line Route 610 190 1.6 Miles GA 74 2) 734 North Sleepy Creek Road 1.27 Mi S W of Route 522 2.27 Mi S W of Route 522 150 1.0 Mile GA 73 3) 730 Babbs Mountain Road Route 654 Route 677 130 0.9 Miles GA 72 4) 677 Old Baltimore Road Route 676 Route 672 170 1.2 Miles GA 70 5) 607 Heishman Road Route 600 End of State Maintenance 150 0.78 Miles BC 68 6) 695 Middle Fork Road 2.3 Mi N of Route 522 WV Line 30 0.9 Miles GA 68 7) 733 Fletcher Road Route 50 Route 707 150 1.3 Miles GA 67 8) 636 Canterburg Road Route 640 Route 641 170 1.5 Miles OP 66 9) 634 Cougill Road Route 635 Route 11 200 0.25 Miles BC 64 10) 612 Fishel Road Route 600 Route 600 40 1.6 Miles BC 64 11) 638 Clark Road Route 625 Route 759 90 0.8 Miles BC 63 12) 644 East Parkins Mill Road Route 50 End of State Maintenance 140 0.81 Miles SH 61 13) 811 Timberlakes Lane Route 671 End of State Maintenance 290 0.25 Miles ST 61 14) 682 Glaize Orchard Road Route 608 Route 671 240 1.54 Miles GA 57 15) 636 Huttle Road Route 709 Route 735 140 1.1 Miles OP 53 16) 616 McDonald Road Route 608 Mid- Int. 0.44 Mile N Route 608 150 0.45 Miles BC 53 17) 696 South Timber Ridge Road Route 522 Route 694 120 1.3 Miles GA 53 18) 685 Light Road Route 600 Route 681 130 1.3 Miles GA 47 19) 731 Cattail Road Route 608 Route 654 130 1.7 Miles GA 46 20) 608 Hunting Ridge Road Route 682 2.41 Miles West Of 682 100 2.41 Miles GA 46 21) 667 Sir John’s Road Route 672 Last residence 180 2.37 Miles ST Not Ranked 22) 615 Mount Olive Road Route 50 Route 600 110 .77 Miles GA Not Ranked 23) 671 Shockeysville Rd 690 .90 Miles West of 690 140 .90 Miles BC Not Ranked Note: Project ratings are updated only when funding is available to promote projects to the scheduled list. No new funding was available this year so ratings are not updated and new projects have been placed at the end of the list. In the future when ratings are updated they will likely move up on the list. £¤522 £¤50 QR6 !(12 !(7 !(9 !(5 !(21 !(13 !(2 !(19 !(3 !(18 !(15 !(11 !(16 !(8 !(4 !(10 !(14 !(1 !(20 !(17 !(22 !(23 £¤259 £¤277 £¤55 £¤50 £¤11 £¤127 £¤522 £¤7 £¤11 £¤37 £¤37 £¤50 £¤522 £¤522 §¨¦81 §¨¦66 §¨¦81 BACK CREEK GAINESBORO STONEWALL OPEQUON SHAWNEE REDBUDWinchester Stephens City Middletown Frederick CountyUnscheduledNon-Hardsurfaced RoadImprovement ProjectsRatings Updated April 20152015/2016 thru 2020/2021 µ 0 4 82 Miles 1. Hollow Rd 2. North Sleepy Creek Rd 3. Babbs Mountain Rd 4. Old Baltimore Rd 5. Heishman Rd 6. Middle Fork Rd 7. Fletcher Rd 8. Canterburg Rd 9. Cougill Rd 10. Fishel Rd 11. Clark Rd 12. East Parkins Mill Rd 13. Timberlakes Ln 14. Glaize Orchard Rd 15. Huttle Rd 16. McDonald Rd 17. South Timber Ridge Rd 18. Light Rd 19. Cattail Rd 20. Hunting Ridge Rd 21. Sir John's Rd 22. Mount Olive Rd 23. Shockeysville Rd C REZONING APPLICATION #04-15 ABRAM’S CHASE (PROFFER AMENDMENT) Staff Report for the Planning Commission Prepared: May 8, 2015 Staff Contact: Michael T. Ruddy, AICP, Deputy Director Reviewed Action Planning Commission: 05/20/15 Pending Board of Supervisors: 06/10/15 Pending PROPOSAL: To revise proffers associated with Rezoning #11-06. This revision relates to the residential land use sections of the proffers. The Applicant is changing this residential project to an Age-Restricted residential project. LOCATION: The properties are located on the north side of Senseny Road (Route 657); approximately 400’ west of the intersection of Channing Drive and Senseny Road. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 05/20/15 PLANNING COMMISSION MEETING: This request to amend the proffer statement to restrict the residential uses to age-restricted residential uses remains consistent with the 2030 Comprehensive Plan. In addition, the modification to the proffer statement to reduce the monetary contribution to offset the impact development is accurate and in the appropriate form. The amounts proffered are consistent with the County’s Development Impact Model (DIM). There are no anticipated issues with changing this residential project to an Age-Restricted residential project. A recommendation regarding this rezoning application to the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Planning Commission. Rezoning #04-15– Abram’s Chase May 8, 2015 Page 2 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 05/20/15 Pending Board of Supervisors: 06/10/15 Pending PROPOSAL: To revise proffers associated with Rezoning #11-06. This revision relates to the residential land use sections of the proffers. The Applicant is changing this residential project to an Age-Restricted residential project. LOCATION: The properties are located on the north side of Senseny Road (Route 657); approximately 400’ west of the intersection of Channing Drive and Senseny Road. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBERS: 65-A-27A, 65-A-28A PROPERTY ZONING: RP (Residential Performance) District PRESENT USE: Residential and Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: RP (Residential Performance) Use: Lynnehaven Subdivision Open Space South: RA (Rural Areas) Use: Agricultural East: RP (Residential Performance) Use: Parkwood Manor Subdivision West: RA (Rural Areas) Use: Residential Rezoning #04-15– Abram’s Chase May 8, 2015 Page 3 REVIEW EVALUATIONS: Fire Marshall: Plans approved. Frederick County Fire and Rescue: Plans approved. Frederick County Parks & Recreation: Parks and Recreation will need to see an open space break out to determine if open space requirements are being met. County Attorney: Please see attached e-mail from Rod Williams, County Attorney to Evan Wyatt dated April 21, 2015. Planning & Zoning: 1) Site History This property was rezoned on January 10, 2007 subject to rezoning RZ #11-06. At this time, the Applicant rezoned 3.25 acres from RA (Rural Areas) District to RP (Residential Performance) District with proffers, to accommodate 13 single family detached residential units on small lots. The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) identifies the parcel as being zoned A-2 Agricultural. The County’s A-1 and A-2 Agricultural Zoning Districts were combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re-mapping of the subject property and all other A-1 and A-2 zoned land to the RA (Rural Areas) District. Parcels 65-A-27A and 65-A-28A maintain this RA zoning classification. 2) Comprehensive Policy Plan The parcels subject to this proffer amendment are located within the County’s Urban Development Area (UDA) and Sewer and Water Service Area (SWSA). The Urban Development Area defines the general area in which more intensive forms of residential development will occur. In addition, the Senseny/Eastern Frederick Urban Area Plan Map identifies this general area with future residential land uses. Transportation Senseny Road is identified as an improved major collector road and has been addressed accordingly. In addition, Senseny Road is recognized in the Frederick County Bicycle Plan with a short-term designation for bicycle accommodations. Access to the site would be via a new public street that would be stubbed out at the western property line as indicated on the Generalized Development Plan. A 10’ asphalt bicycle/pedestrian trail is also being constructed along the frontage of the property. This rezoning/proffer amendment remains consistent with the 2030 Comprehensive Plan. Rezoning #04-15– Abram’s Chase May 8, 2015 Page 4 3) Proffer Statement Proffer B, Residential Land Use, has been modified with this proffer amendment to add the qualification that the residential dwelling units will be age-restricted. As a result of this change, the Applicant has also modified the Monetary Contribution to offset the Impact of Development accordingly by eliminating the contribution to Schools. Proffer D now states that the Applicant will pay to the Treasurer of Frederick County $2,835.00 for each residential lot platted. STAFF CONCLUSIONS FOR THE 05/20/15 PLANNING COMMISSION MEETING: This request to amend the proffer statement to restrict the residential uses to age-restricted residential uses remains consistent with the 2030 Comprehensive Plan. In addition, the modification to the proffer statement to reduce the monetary contribution to offset the impact development is accurate and in the appropriate form. The amounts proffered are consistent with the County’s Development Impact Model (DIM). There are no anticipated issues with changing this residential project to an Age-Restricted residential project. A recommendation regarding this rezoning application to the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Planning Commission. D COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 MEMORANDUM TO: Frederick County Planning Commission FROM: Candice E. Perkins, AICP, Senior Planner SUBJECT: Farm Breweries and Distilleries in the RA (Rural Areas) Zoning District DATE: May 7, 2015 In 2009 Frederick County adopted standards for farm wineries pursuant to the requir ements of the Code of Virginia. The standards allowed for the wineries along with permissible accessory uses such as special events and onsite tasting and sales. In 2014, additional standards were introduced in the Code of Virginia to allow for farm breweries. Additionally, this year allowances were introduced for farm distilleries. Staff has drafted revisions to the farm winery text to include allowances for farm breweries and farm distilleries along with other minor changes. The changes included with this revision are as follows:  Addition of Farm Breweries and Distilleries  Addition of on-site sales, tasting during regular business hours.  Kitchen and catering activities related to the businesses.  Removal of the site plan requirement and addition of an illustrative sketch plan requirement.  Revision to the special events allowance to decrease the number of people permitted onsite without a festival permit from 150 to 100 (consistent with the County Code requirement for festival permits).  Updated and new definitions. The DRRC discussed this amendment at their April 2015 meeting and sent the proposed changes to the Planning Commission for discussion. The attached document shows the existing ordinance with the proposed changes supported by the DRRC (with strikethroughs for text eliminated and bold italic for text added). This item is presented for discussion. Comments and suggestions from the Planning Commission will be forwarded to the Board of Supervisors. Attachments: 1. Revised ordinance with additions shown in bold underlined italics. 2. Code of Virginia – Farm Breweries and Distilleries CEP/pd ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS Part 401 – RA Rural Areas District § 165-401.02 Permitted uses. Structures and land shall be used for one of the following uses: EE. Farm Breweries. FF. Farm Distilleries. Article II SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES Part 204 – Additional Regulations for Specific Uses § 165-204.22. Farm Wineries , Farm Breweries and Farm Distilleries. Farm Wineries, Farm Breweries and Farm Distilleries in the RA (Rural Areas) District, shall meet the following requirements: A. The following shall be considered by-right accessory uses at Uses permitted. The following uses, events and activities (hereinafter, collectively, “uses”) are permitted at farm wineries: (1) The production and harvesting of fruit and other agricultural products; (2) The manufacturing of wine; (3) The storage and sale of wine produced by the winery, including retail sales, direct sales and shipment, as well as wholesaling; (4) The provision for on-site winery tours; (5) The incidental retail of wine-related items; (6) Wine tasting; The on-premises sale, tasting, or consumption of wine produced by the winery during regular business hours within the normal course of business of such winery; (7) Providing finger foods, soups, and appetizers for visitors; and (8) Kitchen and catering activities related to a use at the farm winery. B. Uses permitted. The following uses, events and activities (hereinafter, collectively, “uses”) are permitted at a farm brewery: (1) The production and harvesting of barley, other grains, hops and other agriculture products: (2) The manufacturing of beer (up to a maximum of 15,000 barrels of beer per calendar year); (3) The storage and sale of beer produced by the brewery including retail sales, di rect sales and shipment, as well as wholesaling; (4) The provision of on-site brewery tours. (5) The incidental retail of beer-related items; and (6) The on-premises sale, tasting, or consumption of beer produced by the brewery during regular business hours within the normal course of business of such brewery; (7) Providing finger foods, soups, and appetizers for visitors; and (8) Kitchen and catering activities related to a use at the farm brewery. C. Uses permitted. The following uses, events and activities (hereinafter, collectively, “uses”) are permitted at a farm distillery: 1) The production and harvesting of agricultural products used by the distillery; 2) The manufacturing of alcoholic beverages (up to a maximum of 36,000 gallons of alcoholic beverages per calendar year); 3) The storage and sale of alcoholic beverages produced by the distillery including retail sales, direct sales and shipment, as well as wholesaling; 4) The provision of on-site distillery tours. 5) The incidental retail of distillery -related items; and 6) The on-premises sale, tasting, or consumption of distillery produced by the distillery during regular business hours within the normal course of business of such distillery; 7) Providing finger foods, soups, and appetizers for visitors; and 8) Kitchen and catering activities related to a use at the farm distillery. D. Special events shall be permitted only on farm wineries, farm breweries and farm distilleries of ten acres or larger. Special events for the purposes of this section shall include but are not limited to meetings, conferences, dinners, and wedding receptions. Any event at which more than 150 100 people are anticipated will require a festival permit. E. An illustrative sketch site plan in accordance with the requirements of Article VIII shall be submitted to and approved by Frederick County. ARTICLE I GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS Part 101 – General Provisions § 165-101.02. Definitions and word usage. FARM BREWERY - A brewery licensed as a limited brewery under subdivision 2 of Section 4.1-208 of the Code of Virginia (1950, as amended). FARM DISTILLERY - A distillery licensed as a limited distillery under subdivision 2 of Section 4.1-206 of the Code of Virginia (1950, as amended). FARM WINERY – A winery licensed as a farm winery under subdivision 5 of Section 4.1-207 of the Code of Virginia (1950, as amended). FARM WINERY - An establishment (i) located on a farm in the commonwealth with a producing vineyard, orchard, or similar growing area and with facilities for fermenting and bottling wine on the premis es where the owner or lessee manufactures wine that contains not more than 18% alcohol by volume or (ii) located in the commonwealth with a producing vineyard, orchard, or similar growing area or agreements for purchasing grapes or other fruits from agricultural growers within the commonwealth, and with facilities for fermenting and bottling wine on the premises where the owner or lessee manufactures wine that contains not more than 18% alcohol by volume. A minimum of 51% of the fresh fruits or agricultural products used at the winery for the production of wine shall be grown or produced on the farm, and no more than 25% of the fruits, fruit juices or other agricultural products may be grown outside of the commonwealth. Accessory uses shall include wine -tasting rooms, accessory food sales related to wine tasting, and the sale of wines produced on site. VIRGINIA ACTS OF ASSEMBLY --2015 SESSION CHAPTER 695 An Act to amend and reenact §§4.1-206,4.1-231,and 4.1-233 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 15.2-2288.3:2,relating to alcoholic beverage control;limited distiller's license. [S 1272] Approved March 27,2015 Be it enacted by the General Assembly of Virginia: 1.That §§4.1-206,4.1-231,and 4.1-233 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding a section numbered 15.2-2288.3:2 as follows: §4.1-206.Alcoholic beverage licenses. The Board may grant the following licenses relating to alcoholic beverages generally: 1.Distillers'licenses,which shall authorize the licensee to manufacture alcoholic beverages other than wine and beer,and to sell and deliver or ship the same,in accordance with Board regulations,in closed containers,to the Board and to persons outside the Commonwealth for resale outside the Commonwealth.When the Board has established a government store on the distiller's licensed premises pursuant to subsection D of §4.1-119,such license shall also authorize the licensee to make a charge to consumers to participate in an organized tasting event conducted in accordance with subsection G of §4.1-119 and Board regulations. 2.Limited distillers'licenses,to distilleries that manufacture not more than 36,000 gallons of alcoholic beverages other than wine or beer per calendar year,provided (i)the distillery is located on a farm in the Commonwealth on land zoned agricultural and owned or leased by such distillery or its owner and (ii)agricultural products used by such distillery in the manufacture of its alcoholic beverages are grown on the farm.Limited distillers'licensees shall be treated as distillers for all purposes of this title except as otherwise provided in this subdivision. 3.Fruit distillers'licenses,which shall authorize the licensee to manufacture any alcoholic beverages made from fruit or fruit juices,and to sell and deliver or ship the same,in accordance with Board regulations,in closed containers,to the Board and to persons outside the Commonwealth for resale outside the Commonwealth. 3.4.Banquet facility licenses to volunteer fire departments and volunteer rescue squads,which shall authorize the licensee to permit the consumption of lawfully acquired alcoholic beverages on the premises of the licensee by any person,and bona fide members and guests thereof,otherwise eligible for a banquet license.However,lawfully acquired alcoholic beverages shall not be purchased or sold by the licensee or sold or charged for in any way by the person permitted to use the premises.Such premises shall be a fire or rescue squad station or both,regularly occupied as such and recognized by the governing body of the county,city or town in which it is located.Under conditions as specified by Board regulation,such premises may be other than a fire or rescue squad station,provided such other premises are occupied and under the control of the fire department or rescue squad while the privileges of its license are being exercised. 4.5.Bed and breakfast licenses,which shall authorize the licensee to serve alcoholic beverages in dining areas,private guest rooms and other designated areas to persons to whom overnight lodging is being provided,with or without meals,for on-premises consumption only in such rooms and areas,and without regard to the amount of gross receipts from the sale of food prepared and consumed on the premises. 5.6.Tasting licenses,which shall authorize the licensee to sell or give samples of alcoholic beverages of the type specified in the license in designated areas at events held by the licensee.A tasting license shall be issued for the purpose of featuring and educating the consuming public about the alcoholic beverages being tasted.A separate license shall be required for each day of each tasting event. No tasting license shall be required for conduct authorized by §4.1-201.1. 6.7.Museum licenses,which may be issued to nonprofit museums exempt from taxation under §501(c)(3)of the Internal Revenue Code,which shall authorize the licensee to (i)permit the consumption of lawfully acquired alcoholic beverages on the premises of the licensee by any bona fide member and guests thereof and (ii)serve alcoholic beverages on the premises of the licensee to any bona fide member and guests thereof.However,alcoholic beverages shall not be sold or charged for in any way by the licensee.The privileges of this license shall be limited to the premises of the museum, regularly occupied and utilized as such. 7.8.Equine sporting event licenses,which may be issued to organizations holding equestrian,hunt and steeplechase events,which shall authorize the licensee to permit the consumption of lawfully acquired alcoholic beverages on the premises of the licensee by patrons thereof during such event. 2 of 6 However,alcoholic beverages shall not be sold or charged for in any way by the licensee.The privileges of this license shall be (i)limited to the premises of the licensee,regularly occupied and utilized for equestrian,hunt and steeplechase events and (ii)exercised on no more than four calendar days per year. 8.9.Day spa licenses,which shall authorize the licensee to (i)permit the consumption of lawfully acquired wine or beer on the premises of the licensee by any bona fide customer of the day spa and (ii) serve wine or beer on the premises of the licensee to any such bona fide customer;however,the licensee shall not give more than two five-ounce glasses of wine or one 12-ounce glass of beer to any such customer,nor shall it sell or otherwise charge a fee to such customer for the wine or beer served or consumed.The privileges of this license shall be limited to the premises of the day spa regularly occupied and utilized as such. 9.10.Motor car sporting event facility licenses,which shall authorize the licensee to permit the consumption of lawfully acquired alcoholic beverages on the premises of the licensee by patrons thereof during such events.However,alcoholic beverages shall not be sold or charged for in any way,directly or indirectly,by the licensee.The privileges of this license shall be limited to those areas of the licensee's premises designated by the Board that are regularly occupied and utilized for motor car sporting events. 10.11.Meal-assembly kitchen license,which shall authorize the licensee to serve wine or beer on the premises of the licensee to any such bona fide customer attending either a private gathering or a special event;however,the licensee shall not give more than two five-ounce glasses of wine or two 12-ounce glasses of beer to any such customer,nor shall it sell or otherwise charge a fee to such customer for the wine or beer served or consumed.The privileges of this license shall be limited to the premises of the meal-assembly kitchen regularly occupied and utilized as such. 11.12.Canal boat operator license,which shall authorize the licensee to permit the consumption of lawfully acquired alcoholic beverages on the premises of the licensee by any bona fide customer attending either a private gathering or a special event;however,the licensee shall not sell or otherwise charge a fee to such customer for the alcoholic beverages so consumed.The privileges of this license shall be limited to the premises of the licensee,including the canal,the canal boats while in operation, and any pathways adjacent thereto.Upon authorization of the licensee,any person may keep and consume his own lawfully acquired alcoholic beverages on the premises in all areas and locations covered by the license. 12.13.Annual arts venue event licenses,to persons operating an arts venue,which shall authorize the licensee participating in a community art walk that is open to the public to serve lawfully acquired wine or beer on the premises of the licensee to adult patrons thereof during such events.However, alcoholic beverages shall not be sold or charged for in any way,directly or indirectly,by the licensee, and the licensee shall not give more than two five-ounce glasses of wine or one 12-ounce glass of beer to any one adult patron.The privileges of this license shall be (i)limited to the premises of the arts venue regularly occupied and used as such and (ii)exercised on no more than 12 calendar days per year. §4.1-231.Taxes on state licenses. A.The annual fees on state licenses shall be as follows: 1.Alcoholic beverage licenses.For each: a.Distiller's license,if not more than 5,000 gallons of alcohol or spirits,or both,manufactured during the year in which the license is granted,$450;if more than 5,000 gallons but not more than 36,000 gallons manufactured during such year,$2,500;and if more than 5,000 36,000 gallons manufactured during such year,$3,725; b.Fruit distiller's license,$3,725; c.Banquet facility license or museum license,$190; d.Bed and breakfast establishment license,$35; e.Tasting license,$40 per license granted; f.Equine sporting event license,$130; g.Motor car sporting event facility license,$130; h.Day spa license,$100; i.Delivery permit,$120 if the permittee holds no other license under this title; j.Meal-assembly kitchen license,$100; k.Canal boat operator license,$100;and l.Annual arts venue event license,$100. 2.Wine licenses.For each: a.Winery license,if not more than 5,000 gallons of wine manufactured during the year in which the license is granted,$189,and if more than 5,000 gallons manufactured during such year,$3,725; b.(1)Wholesale wine license,$185 for any wholesaler who sells 30,000 gallons of wine or less per year,$930 for any wholesaler who sells more than 30,000 gallons per year but not more than 150,000 gallons of wine per year,$1,430 for any wholesaler who sells more than 150,000 but not more than 300,000 gallons of wine per year,and,$1,860 for any wholesaler who sells more than 300,000 gallons 3 of 6 of wine per year; (2)Wholesale wine license,including that granted pursuant to §4.1-207.1,applicable to two or more premises,the annual state license tax shall be the amount set forth in subdivision b (1),multiplied by the number of separate locations covered by the license; c.Wine importer's license,$370; d.Retail off-premises winery license,$145,which shall include a delivery permit; e.Farm winery license,$190 for any Class A license and $3,725 for any Class B license,each of which shall include a delivery permit; f.Wine shipper's license,$95;and g.Internet wine retailer license,$150. 3.Beer licenses.For each: a.Brewery license,if not more than 500 barrels of beer manufactured during the year in which the license is granted,$350;if not more than 10,000 barrels of beer manufactured during the year in which the license is granted,$2,150;and if more than 10,000 barrels manufactured during such year,$4,300; b.Bottler's license,$1,430; c.(1)Wholesale beer license,$930 for any wholesaler who sells 300,000 cases of beer a year or less,and $1,430 for any wholesaler who sells more than 300,000 but not more than 600,000 cases of beer a year,and $1,860 for any wholesaler who sells more than 600,000 cases of beer a year; (2)Wholesale beer license applicable to two or more premises,the annual state license tax shall be the amount set forth in subdivision c (1),multiplied by the number of separate locations covered by the license; d.Beer importer's license,$370; e.Retail on-premises beer license to a hotel,restaurant,club or other person,except a common carrier of passengers by train or boat,$145;for each such license to a common carrier of passengers by train or boat,$145 per annum for each of the average number of boats,dining cars,buffet cars or club cars operated daily in the Commonwealth; f.Retail off-premises beer license,$120,which shall include a delivery permit; g.Retail on-and-off premises beer license to a hotel,restaurant,club or grocery store located in a town or in a rural area outside the corporate limits of any city or town,$300,which shall include a delivery permit; h.Beer shipper's license,$95;and i.Retail off-premises brewery license,$120,which shall include a delivery permit. 4.Wine and beer licenses.For each: a.Retail on-premises wine and beer license to a hotel,restaurant,club or other person,except a common carrier of passengers by train,boat or airplane,$300;for each such license to a common carrier of passengers by train or boat,$300 per annum for each of the average number of boats,dining cars,buffet cars or club cars operated daily in the Commonwealth,and for each such license granted to a common carrier of passengers by airplane,$750; b.Retail on-premises wine and beer license to a hospital,$145; c.Retail off-premises wine and beer license,including each gift shop,gourmet shop and convenience grocery store license,$230,which shall include a delivery permit; d.Retail on-and-off premises wine and beer license to a hotel,restaurant or club,$600,which shall include a delivery permit; e.Banquet license,$40 per license granted by the Board,except for banquet licenses granted by the Board pursuant to subsection A of §4.1-215 for events occurring on more than one day,which shall be $100 per license; f.Gourmet brewing shop license,$230; g.Wine and beer shipper's license,$95; h.Annual banquet license,$150; i.Fulfillment warehouse license,$120; j.Marketing portal license,$150;and k.Gourmet oyster house license,$230. 5.Mixed beverage licenses.For each: a.Mixed beverage restaurant license granted to persons operating restaurants,including restaurants located on premises of and operated by hotels or motels,or other persons: (i)With a seating capacity at tables for up to 100 persons,$560; (ii)With a seating capacity at tables for more than 100 but not more than 150 persons,$975;and (iii)With a seating capacity at tables for more than 150 persons,$1,430. b.Mixed beverage restaurant license for restaurants located on the premises of and operated by private,nonprofit clubs: (i)With an average yearly membership of not more than 200 resident members,$750; (ii)With an average yearly membership of more than 200 but not more than 500 resident members, $1,860;and (iii)With an average yearly membership of more than 500 resident members,$2,765. 4 of 6 c.Mixed beverage caterer's license,$1,860; d.Mixed beverage limited caterer's license,$500; e.Mixed beverage special events license,$45 for each day of each event; f.Mixed beverage club events licenses,$35 for each day of each event; g.Annual mixed beverage special events license,$560; h.Mixed beverage carrier license: (i)$190 for each of the average number of dining cars,buffet cars or club cars operated daily in the Commonwealth by a common carrier of passengers by train; (ii)$560 for each common carrier of passengers by boat; (iii)$1,475 for each license granted to a common carrier of passengers by airplane. i.Annual mixed beverage amphitheater license,$560; j.Annual mixed beverage motor sports race track license,$560; k.Annual mixed beverage banquet license,$500; l.Limited mixed beverage restaurant license: (i)With a seating capacity at tables for up to 100 persons,$460; (ii)With a seating capacity at tables for more than 100 but not more than 150 persons,$875; (iii)With a seating capacity at tables for more than 150 persons,$1,330; m.Annual mixed beverage motor sports facility license,$560;and n.Annual mixed beverage performing arts facility license,$560. 6.Temporary licenses.For each temporary license authorized by §4.1-211,one-half of the tax imposed by this section on the license for which the applicant applied. B.The tax on each such license,except banquet and mixed beverage special events licenses,shall be subject to proration to the following extent:If the license is granted in the second quarter of any year, the tax shall be decreased by one-fourth;if granted in the third quarter of any year,the tax shall be decreased by one-half;and if granted in the fourth quarter of any year,the tax shall be decreased by three-fourths. If the license on which the tax is prorated is a distiller's license to manufacture not more than 5,000 gallons of alcohol or spirits,or both,during the year in which the license is granted,or a winery license to manufacture not more than 5,000 gallons of wine during the year in which the license is granted,the number of gallons permitted to be manufactured shall be prorated in the same manner. Should the holder of a distiller's license or a winery license to manufacture not more than 5,000 gallons of alcohol or spirits,or both,or wine,apply during the license year for an unlimited distiller's or winery license,such person shall pay for such unlimited license a license tax equal to the amount that would have been charged had such license been applied for at the time that the license to manufacture less than 5,000 gallons of alcohol or spirits or wine,as the case may be,was granted,and such person shall be entitled to a refund of the amount of license tax previously paid on the limited license. Notwithstanding the foregoing,the tax on each license granted or reissued for a period of less than 12 months shall be equal to one-twelfth of the taxes required by subsection A computed to the nearest cent,multiplied by the number of months in the license period. C.Nothing in this chapter shall exempt any licensee from any state merchants'license or state restaurant license or any other state tax.Every licensee,in addition to the taxes imposed by this chapter, shall be liable to state merchants'license taxation and state restaurant license taxation and other state taxation the same as if the alcoholic beverages were nonalcoholic.In ascertaining the liability of a beer wholesaler to merchants'license taxation,however,and in computing the wholesale merchants'license tax on a beer wholesaler,the first $163,800 of beer purchases shall be disregarded;and in ascertaining the liability of a wholesale wine distributor to merchants'license taxation,and in computing the wholesale merchants'license tax on a wholesale wine distributor,the first $163,800 of wine purchases shall be disregarded. §4.1-233.Taxes on local licenses. A.In addition to the state license taxes,the annual local license taxes which may be collected shall not exceed the following sums: 1.Alcoholic beverages.-For each: a.Distiller's license,if more than 5,000 gallons but not more than 36,000 gallons manufactured during such year,$750;if more than 36,000 gallons manufactured during such year,$1,000;and no local license shall be required for any person who manufactures not more than 5,000 gallons of alcohol or spirits,or both,during such license year; b.Fruit distiller's license,$1,500; c.Bed and breakfast establishment license,$40; d.Museum license,$10; e.Tasting license,$5 per license granted; f.Equine sporting event license,$10; g.Day spa license,$20; h.Motor car sporting event facility license,$10; i.Meal-assembly kitchen license,$20; 5 of 6 j.Canal boat operator license,$20;and k.Annual arts venue event license,$20. 2.Beer.-For each: a.Brewery license,if not more than 500 barrels of beer manufactured during the year in which the license is granted,$250,and if more than 500 barrels of beer manufactured during the year in which the license is granted,$1,000; b.Bottler's license,$500; c.Wholesale beer license,in a city,$250,and in a county or town,$75; d.Retail on-premises beer license for a hotel,restaurant or club and for each retail off-premises beer license in a city,$100,and in a county or town,$25;and e.Beer shipper's license,$10. 3.Wine.-For each: a.Winery license,$50; b.Wholesale wine license,$50; c.Farm winery license,$50;and d.Wine shipper's license,$10. 4.Wine and beer.-For each: a.Retail on-premises wine and beer license for a hotel,restaurant or club;and for each retail off-premises wine and beer license,including each gift shop,gourmet shop and convenience grocery store license,in a city,$150,and in a county or town,$37.50; b.Hospital license,$10; c.Banquet license,$5 for each license granted,except for banquet licenses granted by the Board pursuant to subsection A of §4.1-215 for events occurring on more than one day,which shall be $20 per license; d.Gourmet brewing shop license,$150; e.Wine and beer shipper's license,$10; f.Annual banquet license,$15;and g.Gourmet oyster house license,in a city,$150,and in a county or town,$37.50. 5.Mixed beverages.-For each: a.Mixed beverage restaurant license,including restaurants located on the premises of and operated by hotels or motels,or other persons: (i)With a seating capacity at tables for up to 100 persons,$200; (ii)With a seating capacity at tables for more than 100 but not more than 150 persons,$350;and (iii)With a seating capacity at tables for more than 150 persons,$500. b.Private,nonprofit club operating a restaurant located on the premises of such club,$350; c.Mixed beverage caterer's license,$500; d.Mixed beverage limited caterer's license,$100; e.Mixed beverage special events licenses,$10 for each day of each event; f.Mixed beverage club events licenses,$10 for each day of each event; g.Annual mixed beverage amphitheater license,$300; h.Annual mixed beverage motor sports race track license,$300; i.Annual mixed beverage banquet license,$75; j.Limited mixed beverage restaurant license: (i)With a seating capacity at tables for up to 100 persons,$100; (ii)With a seating capacity at tables for more than 100 but not more than 150 persons,$250; (iii)With a seating capacity at tables for more than 150 persons,$400; k.Annual mixed beverage motor sports facility license,$300;and l.Annual mixed beverage performing arts facility license,$300. B.Common carriers.-No local license tax shall be either charged or collected for the privilege of selling alcoholic beverages in (i)passenger trains,boats or airplanes and (ii)rooms designated by the Board of establishments of air carriers of passengers at airports in the Commonwealth for on-premises consumption only. C.Merchants'and restaurants'license taxes.-The governing body of each county,city or town in the Commonwealth,in imposing local wholesale merchants'license taxes measured by purchases,local retail merchants'license taxes measured by sales,and local restaurant license taxes measured by sales, may include alcoholic beverages in the base for measuring such local license taxes the same as if the alcoholic beverages were nonalcoholic.No local alcoholic beverage license authorized by this chapter shall exempt any licensee from any local merchants'or local restaurant license tax,but such local merchants'and local restaurant license taxes may be in addition to the local alcoholic beverage license taxes authorized by this chapter. The governing body of any county,city or town,in adopting an ordinance under this section,shall provide that in ascertaining the liability of (i)a beer wholesaler to local merchants'license taxation under the ordinance,and in computing the local wholesale merchants'license tax on such beer wholesaler,purchases of beer up to a stated amount shall be disregarded,which stated amount shall be 6 of 6 the amount of beer purchases which would be necessary to produce a local wholesale merchants'license tax equal to the local wholesale beer license tax paid by such wholesaler and (ii)a wholesale wine licensee to local merchants'license taxation under the ordinance,and in computing the local wholesale merchants'license tax on such wholesale wine licensee,purchases of wine up to a stated amount shall be disregarded,which stated amount shall be the amount of wine purchases which would be necessary to produce a local wholesale merchants'license tax equal to the local wholesale wine licensee license tax paid by such wholesale wine licensee. D.Delivery.-No county,city or town shall impose any local alcoholic beverages license tax on any wholesaler for the privilege of delivering alcoholic beverages in the county,city or town when such wholesaler maintains no place of business in such county,city or town. E.Application of county tax within town.-Any county license tax imposed under this section shall not apply within the limits of any town located in such county,where such town now,or hereafter, imposes a town license tax on the same privilege. §15.2-2288.3:2.Limited distiller's license;local regulation of certain activities. A.Local restriction upon activities of distilleries licensed pursuant to subdivision 2 of §4.1-206 to market and sell their products shall be reasonable and shall take into account the economic impact on such licensed distillery of such restriction,the agricultural nature of such activities and events,and whether such activities and events are usual and customary for such licensed distilleries.Usual and customary activities and events at such licensed distilleries shall be permitted unless there is a substantial impact on the health,safety,or welfare of the public. B.No locality shall regulate any of the following activities of a distillery licensed under subdivision 2 of §4.1-206: 1.The production and harvesting of agricultural products and the manufacturing of alcoholic beverages other than wine or beer; 2.The on-premises sale,tasting,or consumption of alcoholic beverages other than wine or beer during regular business hours in accordance with a contract between a distillery and the Alcoholic Beverage Control Board pursuant to the provisions of subsection D of §4.1-119; 3.The sale and shipment of alcoholic beverages other than wine or beer to licensed wholesalers and out-of-state purchasers in accordance with Title 4.1,regulations of the Alcoholic Beverage Control Board,and federal law; 4.The storage and warehousing of alcoholic beverages other than wine or beer in accordance with Title 4.1,regulations of the Alcoholic Beverage Control Board,and federal law;or 5.The sale of items related to alcoholic beverages other than wine or beer that are incidental to the sale of such alcoholic beverages. C.Any locality may exempt any distillery licensed in accordance with subdivision 2 of §4.1-206 on land zoned agricultural from any local regulation of minimum parking,road access,or road upgrade requirements. § 15.2-2288.3:1. Limited brewery license; local regulation of certain activities. A. It is the policy of the Commonwealth to preserve the economic vitality of the Virginia beer industry while maintaining appropriate land use authority to protect the health, safety, and welfare of the citizens of the Commonwealth and to permit the reasonable expectation of uses in specific zoning categories. Local restriction upon such activities and public events of breweries licensed pursuant to subdivision 2 of § 4.1- 208 to market and sell their products shall be reasonable and shall take into account the economic impact on such licensed brewery of such restriction, the agricultural nature of such activities and events, and whether such activities and events are usual and customary for such licensed breweries. Usual and customary activities and events at such licensed breweries shall be permitted unless there is a substantial impact on the health, safety, or welfare of the public. No local ordinance regulating noise, other than outdoor amplified music, arising from activities and events at such licensed breweries shall be more restrictive than that in the general noise ordinance. In authorizing outdoor amplified music at such licensed brewery, the locality shall consider the effect on adjacent property owners and nearby residents. B. No locality shall regulate any of the following activities of a brewery licensed under subdivision 2 of § 4.1-208: 1. The production and harvesting of barley, other grains, hops, fruit, or other agricultural products and the manufacturing of beer; 2. The on-premises sale, tasting, or consumption of beer during regular business hours within the normal course of business of such licensed brewery; 3. The direct sale and shipment of beer in accordance with Title 4.1 and regulations of the Alcoholic Beverage Control Board; 4. The sale and shipment of beer to licensed wholesalers and out-of-state purchasers in accordance with Title 4.1, regulations of the Alcoholic Beverage Control Board, and federal law; 5. The storage and warehousing of beer in accordance with Title 4.1, regulations of the Alcoholic Beverage Control Board, and federal law; or 6. The sale of beer-related items that are incidental to the sale of beer. C. Any locality may exempt any brewery licensed in accordance with subdivision 2 of § 4.1-208 on land zoned agricultural from any local regulation of minimum parking, road access, or road upgrade requirements. (2014, c. 365.) E COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 MEMORANDUM TO: Frederick County Planning Commission FROM: Candice E. Perkins, AICP, Senior Planner SUBJECT: Site Plan Revisions and Additions DATE: May 7, 2015 Staff has prepared a revision to Part 802 of the Zoning Ordinance to update the text to include provisions for minor site plans as well as inclusion of a new illustrative sketch plan. Minor site plans have commonly been submitted and approved; however the term and requirements for these plans has never been codified. Illustrative sketch plans are also proposed for inclusion; these would be applicable to agricultural businesses such as farm wineries, distilleries and breweries, as well as conditional use permits that may not need an engineered site plan. A minor site plan would constitute a revision that increases an existing structure area by 20% or less and does not exceed 5,000 square feet of disturbed area. Minor site plans include reduced submission guidelines and have a reduced review fee. Illustrative sketch plans would not need to be sealed by a licensed professional, the property owner would be able to complete this exercise on their own. There would be no fee associated with this exercise. The DRRC discussed this amendment at their April 2015 meeting. The DRRC had minor revisions and sent the proposed changes to the Planning Commission for discussion. The attached document shows the existing ordinance with the proposed changes supported by the DRRC (with strikethroughs for text eliminated and bold italic for text added). This item is presented for discussion. Comments and suggestions from the Planning Commission will be forwarded to the Board of Supervisors. Attachment: 1. Revised ordinance with additions shown in bold underlined italics. CEP/pd ARTICLE VIII DEVELOPMENT PLANS AND APPROVALS Part 802 – Site Plans § 165-802.01 Activities requiring site plans or illustrative sketch plan. A. In order to ensure that the requirements of this chapter have been met, a site plan shall be required to be submitted to the County for the following uses: (1) Any use in the business or industrial zoning districts, the EM Extractive Manufacturing District, the MS Medical Support District, or the HE Higher Education District. (2) Any nonresidential uses in which with automobile parking spaces. is to be used by more than one establishment. (3) Any of the following residential uses not required to submit a subdivision design plan for approval: (a) Multiplexes; (b) Townhouses, Back-to-Back Townhouses; (c) Garden apartments; (d) Multifamily residential buildings; (e) Age‐restricted multifamily housing; (f) Other allowed multifamily residential uses; (g) Mobile home parks. (4) Convalescent and nursing homes. and allowed nonresidential uses in the RP, R4 and R5 Zoning Districts. (5) Public and semipublic uses and buildings. (6) Required landscaped buffers and landscaped screens. (7) Required recreational facilities. (8) Any parcel of land proposed to contain more than one dwelling unit, except those residential units allowed as agricultural accessory uses. (9) Mobile home parks. Non-residential uses permitted in the RP, R4 and R5 Zoning Districts. (10) The use, change of use or construction of any improvement or facility that is to be reviewed by the Planning Commission to determine conformance with the Comprehensive Plan under § 15.2-2232 of the Code of Virginia. (11) Illustrative sketch plan shall be required for the following uses: (a) Farm Wineries; (b) Farm Breweries; (c) Farm Distilleries. B. The Zoning Administrator may require a site plan or illustrative sketch plan to be submitted with an application for a conditional use permit or any use specified under 165-204. C. No permit shall be issued for the construction of any building or improvement on the site of any of the above uses until the site plan or illustrative sketch plan is approved. D. All nonbusiness or nonindustrial uses in a residential subdivision shall submit a subdivision design plan, as required in the Frederick County Subdivision Ordinance, instead of a site plan. § 165-802.02 Site plan applications; review. A. Applicants shall submit two copies of the site plan to the Zoning Administrator for review, along with applicable fees and completed application materials required by the Zoning Administrator. Final approval of the site plan shall be given by the Zoning Administrator. At least five copies of the site plan are required to be submitted to the Zoning Administrator for final approval. B. Applicants shall prepare and submit a Traffic Impact Analysis with all site plan applications, in accordance with the adopted Traffic Impact Analysis Standards. C. Applicants shall provide comments on the site plan from various agencies as required by the Department of Planning and Development. D. The Zoning Administrator may require the applicant to present the site plan to the Technical Review Committee for review. The Committee shall make recommendations to the Zoning Administrator concerning whether the plan meets the requirements of the Frederick County Code. E. A site plan submission shall be considered to be complete when the fees, plans, application materials and comments have been received and when the Technical Review Committee has reviewed the plan, if required. F. When the site plan submission is complete, the Zoning Administrator may submit the site plan to the Planning Commission for its review. (1) The Zoning Administrator shall determine whether to submit the site plan to the Planning Commission based on the following considerations: (a) The scale or intensity of the proposed use. (b) Potential impacts on surrounding properties. (c) Potential traffic hazards or congestion. (2) In addition, the Planning Commission may request that the site plan be presented to the Commission for its review. G. The Planning Commission may make recommendations to the Zoning Administrator concerning the site plan. The Zoning Administrator shall incorporate such recommendations into the review of the site plan. The site plan shall be finally approved or denied by the Zoning Administrator. H. Approval of the site plan shall expire within five years of the approval date unless building permits have been obtained for construction. I. The Zoning Administrator or his designated representative shall periodically inspect the site during construction to ensure that the site plan requirements are met. J. No certificate of occupancy shall be issued for any use or site requiring a site plan until all requirements shown on the approved site plan have been met and all improvements shown on the site plan have been provided. If structures and improvements have been provided sufficient to guarantee public health and safety but if all site plan improvements have not been completed, a certificate of occupancy shall only be issued if a bond with surety or other acceptable guaranties have been provided to insure that all approved improvements will be provided. Such guaranties shall be for a limited time period acceptable to the Zoning Administrator, during which time said improvement shall be completed. Site Plan Review Process K. The Board of Supervisors, by resolution, may establish a schedule of fees for the review of site plans. § 165-802.03 Site plan and illustrative sketch plan contents. The site plan or illustrative sketch plan shall be clearly legible and shall be drawn at a scale acceptable to the Zoning Administrator. The site plan shall include three general sections, the project information section, the calculations section, and the site plan and details section. The information required for each section is listed below: A. Project information section. (1) A title that includes the name of the proposed or existing business and a subtitle which describes the proposed development. (2) The name, address, and phone number of the landowner, developer, and designer. (3) The Frederick County Property Identification Number (PIN) of all lots included on the site plan. (4) The number and type of dwelling units included on the site plan for residential uses. (5) The total land area and total developed land area of all lots included on the site plan. (6) A detailed description of the proposed use or uses of the development, as well as a description of the existing use or uses. (7) A reference to any other site plan or master development plan approved by the County for the site. (8) The date the site plan was prepared and a list of all revisions made, including the date and a description of why the site plan was revised. (9) A table of contents including all pages of the site plan. (10) A list of all proposed utility providers, with their address, name and phone number. (11) An inset map showing the location of the site, along with the location of streets, roads and land uses within 500 feet of the property. (12) A statement listing all requirements and conditions placed on the land included in the site plan resulting from approval of conditional zoning or a conditional use permit. (13) A description of setbacks or conditions placed on the site as a result of an approved variance. (14) The name of the Magisterial District within which property is located. B. Calculations section. (1) Calculations showing the floor area ration (FAR) of the site, including the maximum allowed FAR, total ground floor area, total floor area, and total lot area. (2) Calculations showing the total number of required and proposed parking spaces, including the total number of existing and proposed spaces. (3) Calculations showing the total number of required handicap spaces, including the total number of existing and proposed spaces. (4) Calculations showing the total number of required loading spaces, including the total number of existing and proposed spaces. (5) Calculations showing the total number of required perimeter and interior trees required, including the number of provided trees. (6) Calculations showing the percentage of the property that will be landscaped and the percentage of woodlands disturbed. C. Site plan and details section. (1) The location of all adjoining lots with the owner's name, specific use, zoning, and zoning boundaries shown. (2) The location of all existing or planned rights-of-way and easements that adjoin the property, with street names, widths, and speed limits shown. (3) All nearby entrances that are within 200 feet of any existing or proposed entrances to the site. (4) All existing and proposed driveways, parking and loading spaces, parking lots and a description of surfacing material and construction details to be used. The size and angle of parking spaces, aisles, maneuvering areas, and loading spaces shall be shown. (5) A North arrow. (6) A graphic scale and statement of scale. (7) A legend describing all symbols and other features that need description. (8) A boundary survey of the entire parcel and all lots included with distances described at least to the nearest hundredth of a foot. (9) The present zoning of all portions of the site, with the location of zoning boundaries. (10) The location of all existing and proposed structures, with the height, specific use, ground floor area, and total floor area labeled. (11) The location of all existing and proposed outdoor uses, with the height, specific use, and land area labeled. (12) Existing topographic contour lines at intervals acceptable to the Zoning Administrator. Proposed finished grades shall be shown by contour. (13) The location of the front, side, and rear yard setback lines required by the applicable zoning district. (14) The location and boundaries of existing environmental features, including streams, floodplains, lakes and ponds, wetlands, natural stormwater retention areas, steep slopes, and woodlands. (15) The location of outdoor trash receptacles. (16) The location of all outdoor lighting fixtures. (17) The location, dimensions, and height of all signs. (18) The location of required buffers, landscaping buffers, and landscaped screens, including examples, typical cross sections or diagrams of screening to be used. The location and dimensions of required fencing, berms, and similar features shall be specified. (19) The location of recreational areas and common open space. (20) The location of all proposed landscaping with a legend; the caliper, scientific name, and common name of all deciduous trees; the height at planting, scientific name, and common name of all evergreen trees and shrubs. (21) The height at planting, caliper, scientific name, and common name shall be provided for all proposed trees. The height at planting, scientific name and common name shall be provided for all shrubs. (22) The location of sidewalks and walkways. (23) The location and width of proposed easements and dedications. (24) A stormwater management plan describing the location of all stormwater management facilities with design calculations and details. (25) A soil erosion and sedimentation plan describing methods to be used. (26) The location and size of sewer and water mains and laterals serving the site. (27) Facilities necessary to meet the requirements of the Fire Code. (28) A signed seal of the certified Virginia land surveyor, architect, or engineer who prepared the plan. (29) A space labeled "Approved by the Frederick County Zoning Administrator" for the signature of the Zoning Administrator, approval date, and a statement that reads "site plan valid for five years from approval date." D. Minor Site Plans. A minor site plan may be submitted in lieu of a full site plan for additions to existing sites. A minor site plan shall constitute a revision that increases an existing structure area by 20% or less and does not exceed 5,000 square feet of disturbed area. Minor site plans, at a minimum shall include the following information: (1) A title that includes the name of the proposed or existing bu siness and a subtitle which describes the proposed development. (2) The name, address, and phone number of the landowner, developer, and designer. (3) The Frederick County Property Identification Number (PIN) of all lots included on the site plan. (4) The total land area and total developed land area of all lots included on the site plan. (5) A detailed description of the proposed use or uses of the development, as well as a description of the existing use or uses. (6) A reference to any other site plan or master development plan approved by the County for the site. (7) The date the site plan was prepared and a list of all revisions made, including the date and a description of why the site plan was revised. (8) A table of contents including all pages of the site plan. (9) An inset map showing the location of the site, along with the location of streets, roads and land uses within 500 feet of the property. (10) A statement listing all requirements and conditions placed on the land included in th e site plan resulting from approval of conditional zoning or a conditional use permit. (11) A description of setbacks or conditions placed on the site as a result of an approved variance. (12) The name of the Magisterial District within which property is located. (13) Calculations showing the total number of required and proposed parking and loading spaces, including the total number of existing and proposed spaces. (14) Calculations showing the total number of required perimeter and interior trees required, including the number of provided trees. The Zoning Administrator shall determine the number of landscaping plants required, proportional to the additions shown on the minor site plan. (15) A signed seal of the certified Virginia land surveyor, archi tect, or engineer who prepared the plan. (16) Any other information determined by the Zoning Administrator necessary for the review of the minor site plan. (17) The Zoning Administrator may eliminate any of the above requirements on a minor site plan, if it is determined not to be warranted. E. Illustrative sketch plan. An illustrative sketch plan may be submitted in lieu of a site plan for farm wineries, farm breweries and farm distilleries, or small scale cottage occupations if required as part of a Conditional Use Permit. Illustrative sketch plans, at a minimum shall include the following information: (1) A title that includes the name of the proposed or existing business and a subtitle which describes the proposed development. (2) The name, address, and phone number of the landowner, developer, and designer. (3) The Frederick County Property Identification Number (PIN) of all lots included on the sketch plan. (4) The total land area and total developed land area of all lots included on the sketch plan. (5) Illustrative Sketch plan shall include a drawing of all aspects of the business operations on the site. (6) Size and dimensions of parking areas and signs if any, location of any floodplains or other environmental features. (7) For cottage occupations, the sketch plan shall show the residence and all improvements associated with the cottage occupation. (8) Distances between on site structures and adjacent residential structures and other buildings, the location and width of adjacent right-of-way, adjoining properties, and easements. (9) A statement listing all requirements and conditions placed on the land included in the sketch plan resulting from approval of a conditional use permit. (10) The name of the Magisterial District within which property is located. (11)The illustrative sketch plan need not be drawn to scale, nor does it have to be prepared by a licensed professional. However, distances from structure to adjacent lot lines must be accurately depicted. F. D. Other information or statements may be required on the site plan by the Zoning Administrator to ensure that all requirements of the Frederick County Code are met. G. E. All site plans shall conform with master development plans that have been approved for the land in question. H. F. When required, deed restrictions, deeds of dedication, agreements, contracts, guaranties or other materials shall be submitted with the site plan. § 165-802.04 Required improvements. A. All improvements and construction on the site shall conform with the approved site plan or illustrative sketch plan and the requirements of the Frederick County Code. B. The Zoning Administrator may require a bond with surety or other acceptable guaranties to insure the completion of required improvements. Such guaranties shall be in the estimated amount of the required improvements. Such guaranties shall be for a period of completion set by the Zoning Administrator with consultation with the applicant. Such guaranties shall be released when the required improvements have been completed. ARTICLE I GENERAL PROVISIONS; AMENDMENTS; AND CONDITIONAL USE PERMITS Part 101 – General Provisions § 165-101.02 Definitions & word usage. SITE PLAN - A specific and detailed plan of development which contains detailed engineering drawings of the proposed uses and improvements required in the development of a given parcel or use of development meeting the requirements of this chapter. In all Articles of this Chapter, where the term 'site plan' is used, it shall also include the term 'minor site plan'. ILLUSTRATIVE SKETCH PLAN – An illustrative plan that accurately depicts the development of a parcel or use meeting the requirements of this chapter. Illustrative site plans may be required for agricultural uses or as part of a conditional use permit.