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PC 11-15-17 Meeting Agenda AGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia November 15, 2017 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) Rezoning #05-17 for O.N. Minerals (Chemstone) d/b/a Carmeuse Lime & Stone- submitted by Lawson and Silek, PLC., to rezone 394.2 acres from the EM (Extractive Manufacturing) District with proffer to the EM (Extractive Manufacturing) District with revised proffers. The properties are situated generally west of the Town of Middletown. Specifically, the Middle Marsh Property is located east of Belle View Lane (Route 758), and west and adjacent to Hites Road (Route 625), and is further traversed by Chapel Road (Route 627). The Northern Reserve is bounded to the south by Cedar Creek and is west and adjacent to Meadow Mills Road (Route 624). The properties are identified with Property Identification Numbers 83-A-109 and 90-A-23, in the Back Creek Magisterial District. Mrs. Perkins ..................................................................................................................... (A) 5) Conditional Use Permit #08-17 for Paul C. and Mary A. Valentino, submitted for establishment of a special event facility in the RA (Rural Areas) Zoning District. The property is located at 4212 Apple Pie Ridge Road, Winchester, Virginia and are identified with Property Identification Numbers 22-A-89 and 22-A-94 in the Stonewall Magisterial District. Mr. Klein .......................................................................................................................... (B) 6) Eastern Road Plan/Comprehensive Plan Amendment- A proposed amendment to the Frederick County 2035 Comprehensive Plan to update and clarify a number of items on the Eastern Road Plan. The Eastern Road Plan guides road projects in Frederick County that address the long-range transportation needs of the County. Mr. Bishop ....................................................................................................................... (C) -2- INFORMATION/DISCUSSION ITEMS 7) Solar (Photovoltaic) Power Plant. Discussion of a request to add solar(photovoltaic) power generating facilities to the use list for the RA (Rural Areas) Zoning District. Mr. Klein .......................................................................................................................... (D) 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 REZONING APPLICATION #05-17 O-N MINERALS/dba CARMEUSE LIME & STONE Staff Report for the Planning Commission Prepared: November 1, 2017 Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director Reviewed Action Planning Commission: 11/15/17 Pending Board of Supervisors: 12/13/17 Pending PROPOSAL: To rezone 394.2+/- acres from the EM (Extractive Manufacturing) District with proffers to the EM (Extractive Manufacturing) District with revised proffers. The Middletown site was originally rezoned to the EM (Extractive Manufacturing) District with Rezoning #03-06 for O-N Minerals (Chemstone) which was approved in 2008. The Applicant is seeking to revise the proffers pertaining to viewshed plans, berms, landscaping and cemetery access. LOCATION: The properties are located west of the Town of Middletown. Specifically, the Middle Marsh Property is located east of Belle View Lane (Route 758), and west and adjacent to Hites Road (Route 625), and is further traversed by Chapel Road (Route 627). The Northern Reserve is bounded to the south by Cedar Creek, and is west and adjacent to Meadow Mills Road (Route 624). EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 11/15/17 PLANNING COMMISSION MEETING: The purpose of this application is to request a proffer amendment to Rezoning #03-06 for O-N Minerals (Chemstone) which was approved in 2008. Rezoning #03-06 rezoned 394.2+/- acres from the EM (Extractive Manufacturing) District with proffers. This amendment seeks to remove the previously proffered Overall Plan, Phasing I, II, III and IV Plans and the twelve viewshed plans which were all components of the General Development Plan (GDP). This rezoning seeks to eliminate these components and only utilize one GDP sheet. The proposed amendment also seeks to remove the maximum and minimum berm heights, revise the timing of the installation of the berms and seeks to removes the landscaping exhibit for the berms. The amendment also seeks to revises the entrance to one of the two cemeteries located on the site. All other proffers remain generally consistent with the 2006 approved rezoning and proffer statement. Elements of the rezoning application have been identified that should be carefully evaluated to ensure that they fully address the impacts associated with this amendment. The Planning Commission should pay particular attention to the berm height amendments and cemetery access amendments proposed with this proffer amendment. Following the required public hearing, 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 # 05-17 CARMEUSE LIME & STONE November 1, 2017 Page 2 This report is prepared by the Frederick County Planning Staff to provide i nformation to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 11/15/17 Pending Board of Supervisors: 12/13/17 Pending PROPOSAL: To rezone 394.2+/- acres from the EM (Extractive Manufacturing) District with proffers to the EM (Extractive Manufacturing) District with revised proffers. The Middletown site was originally rezoned to the EM (Extractive Manufacturing) District with Rezoning #03-06 for O-N Minerals (Chemstone) which was approved in 2008. The Applicant is seeking to revise the proffers pertaining to the to viewshed plans, berms, landscaping and cemetery access. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBERS: 83-A-109 and 90-A-23 (portions of) PROPERTY ZONING: EM (Extractive Manufacturing) District PRESENT USE: Quarry and Undeveloped ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Residential South: EM (Extractive Manufacturing) Use: Shenandoah County East: RA (Rural Areas) Use: Residential/Agricultural West: RA (Rural Areas) Use: Residential/Agricultural PROPOSED USES: Quarry Rezoning # 05-17 CARMEUSE LIME & STONE November 1, 2017 Page 3 REVIEW EVALUATIONS: Frederick County Attorney: Please see attached email from Roderick B. Williams, County Attorney, dated June 26, 2017. Planning & Zoning: 1) Site History: The original Frederick County zoning map (U.S.G.S. Middletown Quadrangle) identifies the subject parcels as being zoned A-2 (Agricultural General). The County’s agricultural zoning districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re-mapping of the subject property and all other A-1 and A-2 zoned land to the RA District. The subject properties were rezoned to the EM (Extractive Manufacturing) District with the approval of Rezoning #03-06 on May 28, 2008 (see attached original proffers). 2) Comprehensive Plan: The 2035 Comprehensive Plan is the guide for the future growth of Frederick County. The 2035 Comprehensive Plan is an official public document that serves as the Community's guide for making decisions regarding development, preservation, public facilities and other key components of Community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. The Area Plans, Appendix I of the 2035 Comprehensive Plan, are the primary implementation tool and will be instrumental to the future planning efforts of the County. Land Use The subject properties are located within the Rural Areas of Frederick County and are outside of the limits of the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). The Rural Areas land use designation is defined in the Comprehensive Plan as all areas outside of the designated Urban Development Area. The primary land uses in the Rural Areas are agriculture and forests. The primary growth pattern consisting of widely scattered, large lot residential development. Transportation and Access. The Eastern Road Plan of the Comprehensive Policy Plan does not cover this portion of the County. Per the 2006 rezoning, site access continues to be via the existing quarry entrance on McCune Road (Route 757) – See proffer 2.1 3) Historic: The Historic Resources Advisory Board (HRAB) reviewed the original 2006 rezoning Rezoning # 05-17 CARMEUSE LIME & STONE November 1, 2017 Page 4 application on December 20, 2005. This rezoning does not increase the historic impacts from the original rezoning application. Staff would note that the Applicant has completed the 8-acre land dedication to the Cedar Creek Battlefield Foundation as stated in proffer 3.1, as well as, the Phase I Archeological Survey per proffer 3.2. 4) Proffer Statement – Dated June 13, 2005; revised September 25, 2017: Proposed revisions from the approved proffer statement (please see attached redline copy of the proffer statement): • Proffer Introduction: This proffer amendment proposes to remove the previously proffered Overall Plan, Phasing I, II, III and IV Plans and the twelve viewshed plans. The amended proffer proposes to only utilize a Generalized Development Plan which was also part of the previously approved rezoning. o The proffered overall plan depicted the proposed quarry areas and the well monitoring locations. The proposed GDP shows future quarry activities, berm locations, but does not show the well monitoring locations. o The Phasing I, II, III and IV Plans of the GDP from the approved rezoning show a phasing sequence for the development of the property. While the phasing plans that were part of the proffered GDP are proposed to be removed with this amendment, the phasing text has been retained in proffer 15 and is consistent with the approved rezoning. • Site Development – Proffer 2.2 - Berm Height - This proffer amendment proposes to remove the maximum and minimum berm heights, revises the timing of the installation of the berms and removes the landscaping exhibit: o Berms were proffered with a maximum height of 30 feet and a minimum height of 10 feet. The amendment removes all reference to the height of the berms. o Berm Installation - Berm A and Berm B were to be installed within 10 years of the approval of the proffer (2018) and Berm C and Berm D were to be installed no later than 10 years prior to the commencement of mining north of Chapel Road. The proffer now states that the berms will be installed prior to the commencement of any extraction of materials. o The amendment removes Exhibit 3 which pertained to the description of the plants to be installed on the berms. Staff Comment: Staff has concern regarding the total elimination of the berm height range proffer. If approved, the applicant would have total discretion on the berm heights provided. The applicant should provide additional information on the Rezoning # 05-17 CARMEUSE LIME & STONE November 1, 2017 Page 5 minimum proposed berm height or if a minimum berm height is regulated by the Virginia Department of Mines, Minerals and Energy (VDMME). • Historic Resources – Proffer 3.3 – This proposed amendment seeks to relocate the access for the second cemetery located on parcel 109. Access to this cemetery is currently provided via Marsh Book Lane which is a private right-of-way. The approved rezoning stated that the applicant would improve this right of way within 12 months of completion of the cemetery restoration. o This proffer amendment seeks to eliminate the Marsh Brook Lane access and provide a new right-of-way that would provide access to the cemetery to Chapel Road. o This amendment does not contain a timeline for the installation of this roadway and does not contain a backup if agency approval cannot be obtained for the new access point on Chapel Road. All other proffers remain generally consistent with the 2006 approved rezoning and proffer statement. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 11/15/17 PLANNING COMMISSION MEETING: The purpose of this application is to request a proffer amendment to Rezoning #03-06 for O-N Minerals (Chemstone) which was approved in 2008. Rezoning #03-06 rezoned 394.2+/- acres from the EM (Extractive Manufacturing) District with proffers. This amendment seeks to remove the previously proffered Overall Plan, Phasing I, II, III and IV Plans and the twelve viewshed plans which were all components of the General Development Plan (GDP). This rezoning seeks to eliminate these components and only utilize one GDP sheet. The proposed amendment also seeks to remove the maximum and minimum berm heights, revise the timing of the installation of the berms and seeks to removes the landscaping exhibit for the berms. The amendment also seeks to revises the entrance to one of the two cemeteries located on the site. All other proffers remain generally consistent with the 2006 approved rezoning and proffer statement. Elements of the rezoning application have been identified that should be carefully evaluated to ensure that they fully address the impacts associated with this amendment. The Planning Commission should pay particular attention to the berm height amendments and cemetery access amendments proposed with this proffer amendment. Following the required public hearing, 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. 0111 §¨¦81 §¨¦81 ST627 ST627 STT-627 ST624 ST622 ST627 ST625 ST625 ST633 ST627 ST627 ST759 ST625 ST842 ST625 ST624 ST757 ST842 ST624 ST727 Middletown SHENANDOAH COUNTY VIRGINIA WARREN COUNTY VIRGINIA 90 A 23 83 A 109 83 A 109 83 A 109 Applications Sewer and Water Service Area Parcels B1 (Neighborhood Business District) B2 (General Business District) B3 (Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) M1 (Light Industrial District) M2 (Industrial General District) MH1 (Mobile Home Community District) MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community District) R5 (Residential Recreational Community District) RA (Rural Areas District) RP (Residential Performance District) I Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: October 18, 2017Staff: cperkins Middletown CHA P E L R D HIT E S R D VALLE Y P I K E KLINES M I L L R D CO U G I L L R D OGDE N L N FL Y A W A Y DROVER LN §¨¦81 REZ # 05 - 17O-N Minerals (Chemstone) Co.PINs:83 - A - 109, 90 - A - 23Rezoning from EM to EMZoning Map 0 3,200 6,4001,600 Feet REZ # 05 - 17O-N Minerals (Chemstone) Co.PINs:83 - A - 109, 90 - A - 23Rezoning from EM to EMZoning Map REZ #05-17 REZ #05-17 REZ #05-17 0111 §¨¦81 §¨¦81 ST627 ST627 STT-627 ST624 ST622 ST627 ST625 ST625 ST633 ST627 ST627 ST759 ST625 ST842 ST625 ST624 ST757 ST842 ST624 ST727 Middletown SHENANDOAH COUNTY VIRGINIA WARREN COUNTY VIRGINIA 90 A 23 83 A 109 83 A 109 83 A 109 Applications Sewer and Water Service Area Parcels I Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: October 18, 2017Staff: cperkins Middletown CHA P E L R D HIT E S R D VALLE Y P I K E KLINES M I L L R D CO U G I L L R D OGDE N L N FL Y A W A Y DROVER LN §¨¦81 REZ # 05 - 17O-N Minerals (Chemstone) Co.PINs:83 - A - 109, 90 - A - 23Rezoning from EM to EMLocation Map 0 3,200 6,4001,600 Feet REZ # 05 - 17O-N Minerals (Chemstone) Co.PINs:83 - A - 109, 90 - A - 23Rezoning from EM to EMLocation Map REZ #05-17 REZ #05-17 REZ #05-17 0111 §¨¦81 §¨¦81 ST627 ST627 STT-627 ST624 ST622 ST625 ST625 ST625 ST627 ST627 ST622 ST633 ST638 ST759 ST625 ST624 ST757 ST842 ST842 ST624 ST727 Middletown SHENANDOAH COUNTY VIRGINIA WARREN COUNTY VIRGINIA 90 A 23 83 A 109 83 A 109 83 A 109 Applications Sewer and Water Service Area Parcels Long Range Land Use Residential Neighborhood Village Urban Center Mobile Home Community Business Highway Commercial Mixed-Use Mixed Use Commercial/Office Mixed Use Industrial/Office Industrial Warehouse Heavy Industrial Extractive Mining Commercial Rec Rural Community Center Fire & Rescue Sensitive Natural Areas Institutional Planned Unit Development Park Recreation School Employment Airport Support Area B2 / B3 Residential, 4 u/a High-Density Residential, 6 u/a High-Density Residential, 12-16 u/a Rural Area Interstate Buffer Landfill Support Area Natural Resources & Recreation Environmental & Recreational Resources I Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: October 18, 2017Staff: cperkins Middletown CHA P E L R D HIT E S R D VALLE Y P I K E KLINES M I L L R D CO U G I L L R D OGDE N L N FL Y A W A Y DROVER LN §¨¦81 REZ # 05 - 17O-N Minerals (Chemstone) Co.PINs:83 - A - 109, 90 - A - 23Rezoning from EM to EMLong Range Land Use Map 0 4,000 8,0002,000 Feet REZ # 05 - 17O-N Minerals (Chemstone) Co.PINs:83 - A - 109, 90 - A - 23Rezoning from EM to EMLong Range Land Use Map REZ #05-17 REZ #05-17 REZ #05-17 B CONDITIONAL USE PERMIT #08-17 Paul C. and Mary A. Valentino - Special Event Facility Staff Report for the Planning Commission Prepared: November 3, 2017 Staff Contact: M. Tyler Klein, AICP, Planner This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 11/15/17 Pending Board of Supervisors: 01/10/18 Pending EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit (CUP) for a special event facility in the RA (Rural Areas) Zoning District. Should the Planning Commission find this application for a special event facility to be appropriate, Staff recommends that the following conditions be attached to the CUP: 1. All review agency comments shall be complied with at all times. 2. An illustrative sketch plan, in accordance with the requirements of Article VIII of the Fredrick County Zoning Ordinance, shall be submitted to and approved by Frederick County prior to the establishment of the use. 3. Events shall start no earlier than 10 a.m. and all events and related activities shall conclude by midnight. 4. All outside music shall conclude by 9 p.m. Music may continue indoors until the conclusion of the event. 5. All lighting shall be downcast to avoid glare onto adjacent properties and residences. 6. Events may accommodate up to and not to exceed 290 persons. 7. One (1) monument style sign with a maximum sign area not to exceed 50 square feet (SF) and not to exceed 10 feet (FT) in height is permitted. 8. Any expansion or modification of this use will require the approval of a new CUP. Following this public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. Page 2 CUP #08-17, Paul C. and Mary A. Valentino – Special Event Facility November 3, 2017 LOCATION: This approximately 146.2-acre properties are located at 4212 Apple Pie Ridge Road, Winchester, Virginia, approximately a half-mile south of the Frederick County/West Virginia Line and approximately two (2) miles north of White Hall Road. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 22-A-89 and 22-A-94 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Land Use: Agricultural ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Vacant/Open Space South: RA (Rural Areas) Use: Vacant/Open Space East: RA (Rural Areas) Use: Vacant/Open Space West: RA (Rural Areas) Use: Residential/Vacant/Open Space PROPOSED USE: This is a request for a Conditional Use Permit (CUP) to enable the establishment of a special event center for weddings and other similar type events in the RA (Rural Areas) Zoning District to accommodate up to 290 persons. REVIEW EVALUATIONS: Virginia Department of Transportation: The application for the Conditional Use Permit for this property appears to have a measurable impact on Route 739, the VDOT facility which would provide access to the property. Prior to operation of the business a Low Volume commercial entrance must be constructed to our standards to allow for the safe egress and ingress of the property. Based on the updated location of the proposed new entrance dated 7 August 2017, the required sight distance requirements appear to have been met. Any work performed on the State’s right-of-way must be covered under a land use permit. The permit is issued by the office and required an inspection fee and surety coverage. Frederick County Inspections: The existing buildings have been deemed exempt from the building code as they are for “farm use.” See attached determination made by the County Building Official on September 8, 2017. Winchester-Frederick County Health Department: This Health Department has reviewed the request for comments for the Conditional Use Permit for a farm barn to be used as an event venue (wedding, etc.); located at 4212 Apple Pie Ridge Rd., Winchester, VA; Tax Map# 22-A- Page 3 CUP #08-17, Paul C. and Mary A. Valentino – Special Event Facility November 3, 2017 94. Based upon information provided by the Applicant, the sewage disposal needs of the guests at the venue will be accommodated by a restroom trailer. However, pursuant to 12VAC5-610- 980 C.3. of the Sewage Disposal & Handling Regulations, C., which states. “Portable privies are normally used in association with mass gatherings, construction sites, etc. where temporary facilities are required.” As the use of the barn denotes a permanent, or non-temporary venue, the use of a portable privy (restroom trailer) cannot be permitted for the proposed venue. It is recommendation that a permanent restroom facility be utilized that makes use of the existing permitted sewage disposal system serving the guest house and the main house; or, locate another sewage disposal system for the dedicate purpose of the barn venue. Applicant(s) can feel free to contact me at (540) 722-3480. Frederick County Fire Marshall: Approved Planning and Zoning: This application for a Conditional Use Permit (CUP) to permit the establishment of a special event facility for private events such as weddings. A special event facility is a permitted use in the RA (Rural Areas) Zoning District with an approved CUP. The Zoning Ordinance defines “special event facility” as a facility or site utilized for events that are typically conducted on a single day but which may be conducted for up to three consecutive days, for which attendance is permitted only by invitation or reservation; special events include, but are not limited to, meetings, conferences, banquets, dinners, weddings and private parties. The proposed use will take place on a 146.2-acre property, which includes existing buildings and is currently being used for agricultural purposes (raising of cattle). The special event facility will be accessed via a new private event-only entrance from Apple Pie Ridge Road (State Route 739). The Applicant intends to use a portion of the site for the proposed special event facility, while maintaining the remainder of the site as productive agricultural land (6 Pastures Farm is a working cattle farm). The Applicant states they will utilize the existing two-story 3,784 square foot (SF) barn and the 1-bedroom guesthouse for weddings and other special events. The Applicant intends to host events for up to 290 persons, and will provide a gravel parking area to support up to 150 vehicles. Permanent restroom facilities will be installed, including a new septic system and drainfield. Any food preparation will be via catering companies, and no permanent cooking facilities will be provided indoors. The properties are surrounded by RA (Rural Areas) zoned property, which includes open space, agricultural uses, and single-family detached residences. The 2035 Comprehensive Policy Plan of Frederick County (Comprehensive Plan) identifies this area of the County as “rural” and is to remain agricultural in nature and is not part of any land use study. The Board of Supervisors added “special event facilities” to the conditional use list for the County’s Rural Areas Zoning District in May 2017 to support additional opportunities for agribusiness and agritourism. The proposed use is consistent with the goals and strategies expressed in the 2035 Comprehensive Plan and the surrounding properties. Page 4 CUP #08-17, Paul C. and Mary A. Valentino – Special Event Facility November 3, 2017 STAFF CONCLUSIONS FOR THE 11/15/17 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, Staff would suggest the following conditions be placed on the CUP: 1. All review agency comments shall be complied with at all times. 2. An illustrative sketch plan, in accordance with the requirements of Article VIII of the Fredrick County Zoning Ordinance, shall be submitted to and approved by Frederick County prior to the establishment of the use. 3. Events shall start no earlier than 10 a.m. and all events and related activities shall conclude by midnight. 4. All outside music shall conclude by 9 p.m. Music may continue indoors until the conclusion of the event. 5. All lighting shall be downcast to avoid glare onto adjacent properties and residences. 6. Events may accommodate up to and not to exceed 290 persons. 7. One (1) monument style sign with a maximum sign area not to exceed 50 square feet (SF) and not to exceed 10 feet (FT) in height is permitted. 8. Any expansion or modification of this use will require the approval of a new CUP. Following this public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. EAGLEFIELDSubdivision APPLE VIEWESTATESSubdivision ST739 ST674 ST739 BERKELEY COUNTY WEST VIRGINIA 22 A 94 22 A 89A 195TUSCARORA RD194TUSCARORA RD 639WRIGHT RD 1005WRIGHT RD 660WRIGHT RD 3798APPLE PIERIDGE3766APPLE PIERIDGE 3820APPLE PIERIDGE 4001APPLE PIERIDGE 4001APPLE PIERIDGE 3941APPLE PIERIDGE 3967APPLE PIERIDGE 4051APPLE PIERIDGE 267WILDWOOD DR 4208APPLEPIE RIDGE 4129APPLE PIERIDGE 4181APPLE PIERIDGE 4220APPLE PIERIDGE 4256APPLEPIE RIDGE 4284APPLEPIE RIDGE 4241APPLE PIERIDGE 4251APPLE PIERIDGE 4364APPLEPIE RIDGE160WINDINGHILL RD 184WINDINGHILL RD 4297APPLE PIERIDGE 4318APPLE PIERIDGE 210CRIMSON DR 224CRIMSON DR 4329APPLE PIERIDGE 190CRIMSON DR 220CRIMSON DR 4341APPLE PIERIDGE 4396APPLE PIERIDGE 169CRIMSON DR 261CRIMSON DR 264CRIMSON DR 300WINDINGHILL RD 4452APPLE PIERIDGE4452APPLE PIERIDGE 4365APPLE PIERIDGE 4353APPLE PIERIDGE 431WINDINGHILL RD 320WINDINGHILL RD 376WINDINGHILL RD 146BEELER LN WIN D I N G HIL L R D APP L E P I E RID G E R D Applications Parcels Building Footprints B1 (Neighborhood Business District) B2 (General Business District) B3 (Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) M1 (Light Industrial District) M2 (Industrial General District) MH1 (Mobile Home Community District) MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community District) R5 (Residential Recreational Community District) RA (Rural Areas District) RP (Residential Performance District) I Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: September 28, 2017Staff: tklein APP L E P I E R I D G E R D WRI G H T R D FROG H O L L O W R D SPA R T A N C T BEE L E R L N CUP # 08 - 17Paul and Mary ValentinoPINs:22 - A - 89A, 22 - A - 94 Special Event FacilityZoning Map 0 1,000 2,000500 Feet CUP # 08 - 17Paul and Mary ValentinoPINs:22 - A - 89A, 22 - A - 94Special Event FacilityZoning Map CUP #08-17 CUP #08-17 BERKELEY COUNTY EAGLEFIELDSubdivision APPLE VIEWESTATESSubdivision ST739 ST674 ST739 BERKELEY COUNTY WEST VIRGINIA 22 A 94 22 A 89A 195TUSCARORA RD194TUSCARORA RD 639WRIGHT RD 1005WRIGHT RD 660WRIGHT RD 3798APPLE PIERIDGE3766APPLE PIERIDGE 3820APPLE PIERIDGE 4001APPLE PIERIDGE 4001APPLE PIERIDGE 3941APPLE PIERIDGE 3967APPLE PIERIDGE 4051APPLE PIERIDGE 267WILDWOOD DR 4208APPLEPIE RIDGE 4129APPLE PIERIDGE 4181APPLE PIERIDGE 4220APPLE PIERIDGE 4256APPLEPIE RIDGE 4284APPLEPIE RIDGE 4241APPLE PIERIDGE 4251APPLE PIERIDGE 4364APPLEPIE RIDGE160WINDINGHILL RD 184WINDINGHILL RD 4297APPLEPIE RIDGE 4318APPLE PIERIDGE 210CRIMSON DR 224CRIMSON DR 4329APPLEPIE RIDGE 190CRIMSON DR 220CRIMSON DR 4341APPLE PIERIDGE 4396APPLE PIERIDGE 169CRIMSON DR 261CRIMSON DR 264CRIMSON DR 300WINDINGHILL RD 4452APPLE PIERIDGE4452APPLE PIERIDGE 4365APPLE PIERIDGE 4353APPLE PIERIDGE 431WINDINGHILL RD 320WINDINGHILL RD 376WINDINGHILL RD 146BEELER LN WIN D I N G HIL L R D APP L E P I E RID G E R D Applications Parcels Building Footprints I Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: September 28, 2017Staff: tklein APP L E P I E R I D G E R D WRI G H T R D FROG H O L L O W R D SPA R T A N C T BEE L E R L N CUP # 08 - 17Paul and Mary ValentinoPINs:22 - A - 89A, 22 - A - 94 Special Event FacilityLocation Map 0 1,000 2,000500 Feet CUP # 08 - 17Paul and Mary ValentinoPINs:22 - A - 89A, 22 - A - 94Special Event FacilityLocation Map CUP #08-17 CUP #08-17 BERKELEY COUNTY C COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 TO: Planning Commission FROM: John A. Bishop AICP, Deputy Director - Transportation RE: Eastern Road Plan Update DATE: November 7, 2017 Topic Synopsis The Eastern Road Plan is the primary transportation map in the County Comprehensive Plan. As such, it is the document that guides transportation planning in the County, keeps citizens apprised of long term transportation planning, and assists the Board of Supervisors and County planning staff through land use planning actions. The Eastern Road Plan is developed to plan a transportation network that supports the Board of Supervisors’ long-range vision for the overall development of the County. This update is primarily to incorporate VDOT work on Route 37 and Route 522 and to clean up/clarify a number of items as described below. Analysis Attached, please find a series of maps which detail the updates described below. Each highlighted area has a zoom in map that shows the update and comparison to the current plan in greater detail. 1. Route 37 Staff is seeking to incorporate updated VDOT work on Route 37 in order to have the needs shown be as up to date as possible. Included are ramps updated to more current standards, ramp work where previously there had only been a note of a desire for an interchange, and updates to the centerline where needed for engineering purposes. At the proposed interchange for Snowden Bridge Boulevard there are two scenarios shown. One scenario shows an interchange with a spacing of 800 feet while the other interchange shows a spacing of 1,200 feet. There are positives and negatives to both designs. The 800 feet ramp spacing allows less room for stacking and as such would require future Snowden Bridge Boulevard to have features such as double lefts to adequately accommodate stacking. However, the reduced spacing results in a much smaller impact on the surrounding industrial property. The 1,200 feet ramp spacing MEMORANDUM -2- scenario allows for better stacking and thus a narrower Snowden Bridge Boulevard, but results in a much more significant right-of-way impact. 2. Independence Drive alignment When zoomed in closely, the current Eastern Road Plan shows an offset between Independence Drive and what was formerly known as the Channing Drive extension, now Constitution. This update corrects the offset. 3. Lenoir Drive – Slip ramp clarification For many years a ramp has been shown on the plan connecting Lenoir Drive to Route 37 at Stonewall Industrial Park. However, as drawn currently, it gives the impression that a vehicle could only exit Lenoir Drive onto southbound Route 37. The update clarifies that traffic could exit to southbound Route 37 and also exit from southbound Route 37. 4. Route 522 Realignment As part of their modeling and study surrounding Exit 313, VDOT analyzed the planned Route 522 realignment and has recommended the alignment shown in this update. The current plan has the Route 522 realignment intersecting with Route 50/17 at Ryco Lane, while the proposed change realigns Route 522 to Prince Frederick Drive. The new alignment is preferable due to improved spacing from surrounding intersections and reduced direct impact on surrounding businesses. As part of this recommendation, VDOT vetted this improvement through the regional travel demand model. 5. Stephens City Bypass – Connector Road The Stephens City bypass does not have access to Route 11 due to the close proximity to the future relocated Exit 307. This update incorporates the connector roadway from Stephens City, planning that offers the first access back to Route 11 from the Stephens City bypass. 6. Tasker Road Alignment This update adjusts the alignment of Tasker Road to match the work completed by VDOT in the vicinity of I-81 Exit 310. Recommended Action Staff recommends a recommendation of approval of the changes to the Board of Supervisors with the 800 feet wide interchange at Snowden Bridge Boulevard and Route 37. The Transportation Committee reviewed the proposed changes on October 30, 2017 and recommended approval and the Comprehensive Plans and Programs Committee is reviewing the item on November 13, 2017. Attachments City of Winchester Town ofStephens City 0111 0111 01522 0111 0111 01277 01522 01522 01522 01522 0111 01522 01522 0150 017 017 0137 0137 01522 01522 0150 0111 0137 §¨¦81 §¨¦81 §¨¦81 §¨¦81 §¨¦81 §¨¦81 Copyright: © 2013 National Geographic Society Eastern FrederickCounty Road Plan F 0 1 20.5 Miles The Interstate 81 corridor is designatedas a corridor of statewide significance aspursuant of VA code 15.2 - 2232. Proposed Future Rt 37 Bypass Existing Future Rt 37 Bypass Eastern Road Plan - Nov 2016 Improved Major Arterial New Minor Arterial Improved Minor Arterial New Major Collector Improved Major Collector New Minor Collector Improved Minor Collector Ramp Roundabout Map Created by Frederick County Deptof Planning and DevelopmentOctober 17, 2017 1. Route 37Attachment A 1. Route 37Attachment B 1. Route 37Attachment C 1. Route 37Attachment D 1. Route 37Attachment E 1. Route 37Attachment F2 Maps 1. Route 37Attachment G 1. Route 37Attachment H Sewer and Water Service AreaUrban Development Area 2. 522 Realignment 3. Stephens City Connector Road 6. Tasker Rd Alignment 5. Independence DrAlignment 4. Lenoir Dr Changes and Descriptions1. Route 37 VDOT Updates2. Route 522 Realignment Update3. Stephens City - Addition of Connector Road to Stephens City Bypass4. Lenoir Drive - Clarification that slip ramp allows exiting and entering traffic5. Independence Drive - Alignment Clarification6. Tasker Road - Alignment Clarification §¨¦81 ST847 WOODRIDGE CT S O M E R S E T D R L A K E S I D E D R EVENDALE L N F A I R L A W N C THACKBE R R Y D R B E L LH A V E N C I R C A P O N W A Y S U M M E R L A K E D R H O N E Y C R E E K C I R B U T T E R N U T D R R O S E D A L E DR A L D I E B U R N C T LIP I Z Z A N E R C T G O L D E N P O N D C I R L A K E W O O D D R F Proposed Future Rt 37 Bypass Existing Future Rt 37 Bypass Eastern Road Plan New Major Collector Improved Major Collector New Minor Collector Improved Minor Collector Roundabout Map Created by Frederick County Deptof Planning and DevelopmentOctober 17, 2017 0 0.09 0.180.045 Miles Eastern Road PlanAttachment ARoute 37 and Warrior Dr Sewer and Water Service AreaUrban Development Area 01522 01522 ST644 ST644 LAURELWOOD DR JUSTES DR W P A R K I N S M I L L R D P A P E R M I L L R D ROSA L N F R O N T R O Y A L P I K E JUSTES DR BR A B A N T D R C L Y D E S D A L E D R C A L L A W A Y C T SQ U I R E L N L A R E D O C T C A M A R U G E C T LIP I Z Z A N E R C T E V E N D A L E L N AEROBI C D R F Proposed Future Rt 37 Bypass Existing Future Rt 37 Bypass Eastern Road Plan New Major Collector Improved Major Collector New Minor Collector Improved Minor Collector Roundabout Map Created by Frederick County Deptof Planning and DevelopmentOctober 17, 2017 0 0.1 0.20.05 Miles Eastern Road PlanAttachment BRoute 37 and Route 522 Sewer and Water Service AreaUrban Development Area 0150 ST655 ST655 ST728 ST723 MI L L W O O D P I K E I N D E P E N D E N C E D R SULPHUR SPRING RD A I R P O R T R D CARPERSVALLEYRD B R I M S T O N E L N F Proposed Future Rt 37 Bypass Existing Future Rt 37 Bypass Eastern Road Plan Improved Major Arterial New Major Collector Improved Major Collector Improved Minor Collector Roundabout Map Created by Frederick County Deptof Planning and DevelopmentOctober 17, 2017 0 0.08 0.160.04 Miles Eastern Road PlanAttachment CRoute 37 and Route 50 Sewer and Water Service AreaUrban Development Area ST657 ST820 ST657 ST655 S U L P H U R S P R I N G R D SENSENY RD S E N S E N Y G L E N D R R O S S M A N N B L V D M O R N I N G G L O R Y D R CANYON RD N O R F O L K C T H E A T H CT P A N G B O R N E C T WALES C T E D D Y S L N W O O D R I S E L N F Proposed Future Rt 37 Bypass Existing Future Rt 37 Bypass Eastern Road Plan New Major Collector Improved Major Collector Improved Minor Collector Map Created by Frederick County Deptof Planning and DevelopmentOctober 17, 2017 0 0.09 0.180.045 Miles Eastern Road PlanAttachment DRoute 37 and Senseny Road CLARKE COUNTY Sewer and Water Service AreaUrban Development Area CLARKE 017 ST659 ST661 ST659 ST659 ST820 BERRYVILLEPIKE V A L L E Y M I L L R D B U R N T F A C T O R Y R D EDD Y S L N F Proposed Future Rt 37 Bypass Existing Future Rt 37 Bypass Eastern Road Plan Improved Major Arterial New Major Collector New Minor Collector Map Created by Frederick County Deptof Planning and DevelopmentOctober 17, 2017 0 0.08 0.160.04 Miles Eastern Road PlanAttachment ERoute 37 and Route 7 CLARKE COUNTY Sewer and Water Service AreaUrban Development Area REDBUDRD MARQUISCT SNOWDEN BRIDGE B L V D F Proposed 800' Spread Existing Future Rt 37 Bypass Eastern Road Plan New Major Collector Improved Major Collector New Minor Collector Map Created by Frederick County Deptof Planning and DevelopmentOctober 17, 2017 0 0.065 0.130.0325 Miles Eastern Road PlanAttachment F-1Route 37 and Snowden Bridge BoulevardMap 1: 800' Spread MIL B U R N R D Sewer and Water Service AreaUrban Development Area REDBUDRD MARQUISCT SNOWDEN BRIDGE B L V D F Proposed 1200' Spread Existing Future Rt 37 Bypass Eastern Road Plan New Major Collector Improved Major Collector New Minor Collector Map Created by Frederick County Deptof Planning and DevelopmentOctober 17, 2017 0 0.065 0.130.0325 Miles Eastern Road PlanAttachment F-2Route 37 and Snowden Bridge BoulevardMap 2: 1200' Spread MIL B U R N R D Sewer and Water Service AreaUrban Development Area 0111 §¨¦81 §¨¦81 ST663 ST661 ST661 ST661 MART I N S B U R G P I K E FAIR LN MILTO N R A Y D R WE L L T O W N R D STO N E D O W N L N F Proposed Future Rt 37 Bypass Existing Future Rt 37 Bypass Eastern Road Plan Improved Major Arterial New Major Collector Improved Major Collector New Minor Collector Map Created by Frederick County Deptof Planning and DevelopmentOctober 17, 2017 0 0.08 0.160.04 Miles Eastern Road PlanAttachment GRoute 37 and I-81 Sewer and Water Service AreaUrban Development Area NFREDERICKPIKE D A R L I N G T O N D R WO O D S I D E L N LA U C K D R F O R T R E S S D R RED W O O D L N HA N D L E Y D R STIN E L N GR E E N F I E L D D R F Proposed Future Rt 37 Bypass Existing Future Rt 37 Bypass Eastern Road Plan Improved Major Arterial Improved Minor Arterial New Minor Collector Improved Minor Collector Ramp Map Created by Frederick County Deptof Planning and DevelopmentOctober 17, 2017 0 0.09 0.180.045 Miles Eastern Road PlanAttachment HRoute 37 Sewer and Water Service AreaUrban Development Area 0137 01522 0150 ST723 MI L L W O O D P I K E CARP E R S V A L L E Y R D B R I M S T O N E L N F Proposed Future Rt 37 Bypass Existing Future Rt 37 Bypass Eastern Road Plan Improved Major Arterial New Major Collector Improved Major Collector Roundabout Map Created by Frederick County Deptof Planning and DevelopmentOctober 17, 2017 0 0.065 0.130.0325 Miles Eastern Road PlanIndependence Dr Alignment Clarification Sewer and Water Service AreaUrban Development Area Old Independence DrAlignment New Independence DrAlignment 0111 0137 MAR T I N S B U R G P I K E LENO I R D R STIN E L N F Proposed Future Rt 37 Bypass Existing Future Rt 37 Bypass Eastern Road Plan Improved Major Arterial New Minor Collector Ramp Map Created by Frederick County Deptof Planning and DevelopmentOctober 17, 2017 0 0.065 0.130.0325 Miles Eastern Road PlanLenoir Dr Slip Ramp Clarification Sewer and Water Service AreaUrban Development Area Slip Ramp Clarification 0150 01522 §¨¦81 §¨¦81 §¨¦81 §¨¦81 ST645 LEAFIELD CT MARGATE CT MILLW O O D P I K E P R I N C E F R E D E R I C K D R AIRPORTRD COSTELLODR ROYALAVE BUFF L I C K R D F R O N T R O Y A L P I K E F L A N A G A N D R A V I A T O R P L PEMBRIDGE DR Y A L E D R S T A N L E Y D R C A R N M O R E D R PR I C E D R N E T H E R F I E L D C T D A R B Y D R GA R B E R L N B R I G S T O C K D R K E S W I C K C T WINCRESTDR A D M I R A L B Y R D D R R A L P H S H O C K E Y D R F Eastern Road Plan Improved Major Arterial New Minor Arterial New Major Collector Improved Major Collector New Minor Collector Map Created by Frederick County Deptof Planning and DevelopmentOctober 17, 2017 0 0.1 0.20.05 Miles Eastern Road PlanRoute 522 Realignment Update Sewer and Water Service AreaUrban Development Area Old Route 522 Realignment New Route 522 Realignment 0111 0111 §¨¦81 ST1012 VALL E Y P I K E TOW N R U N L N PEACEAND PLENTYLN FAMIL Y D R FAIR F A X S T STEP H E N S R U N S T SCHOOLST S Q U I R R E L L N NOR W I C H C T T H E A T E R L N S T R O D E M C L E O D L N PITT M A N C T F Eastern Road Plan New Minor Arterial New Major Collector New Minor Collector Roundabout Map Created by Frederick County Deptof Planning and DevelopmentOctober 17, 2017 0 0.1 0.20.05 Miles Eastern Road PlanAddition of Connector Road to Stephens City Bypass Sewer and Water Service AreaUrban Development Area New Connector Road 0111 0137 §¨¦81 §¨¦81 §¨¦81 ST642 ST847 SURREY CLUB LN V A L L E Y P I K E S O M ERSET D R C H I N K A P I N D R TASKER R D COMMONWEALTHCT N A T U R E D R H A C K B E R R Y D R LA K E R I D G E D R B E L L H A V E N C I R R O S E D A L E DR C A P O N W A Y S U M M E R L A K E D R H O N E Y C R E E K CI R WOODRIDGECT F A I R L A W N C T G O L D E N P O N D C I R AGAPEWAY PASTURELN H I L L A N D A L E L N F Proposed Future Rt 37 Bypass Existing Future Rt 37 Bypass Eastern Road Plan Improved Major Arterial New Major Collector Improved Major Collector New Minor Collector Improved Minor Collector Roundabout Map Created by Frederick County Deptof Planning and DevelopmentOctober 17, 2017 0 0.1 0.20.05 Miles Eastern Road PlanTasker Rd Alignment Clarification Sewer and Water Service AreaUrban Development Area Old Tasker RdAlignment New Tasker RdAlignment City of Winchester Town ofStephens City 0111 0111 01522 0111 01277 01522 01522 01522 01522 0111 0111 01522 01522 0150 017 017 0137 0137 01522 01522 0150 0111 0137 §¨¦81 §¨¦81 §¨¦81 §¨¦81 §¨¦81 §¨¦81 Copyright: © 2013 National Geographic Society Eastern FrederickCounty Road Plan F 0 1 20.5 Miles The Interstate 81 corridor is designatedas a corridor of statewide significance aspursuant of VA code 15.2 - 2232. Proposed Future Rt 37 Bypass Eastern Road Plan Improved Major Arterial New Minor Arterial Improved Minor Arterial New Major Collector Improved Major Collector New Minor Collector Improved Minor Collector Ramp Roundabout Map Created by Frederick County Deptof Planning and DevelopmentOctober 17, 2017 Sewer and Water Service AreaUrban Development Area D COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 MEMORANDUM TO: Frederick County Planning Commission FROM: M. Tyler Klein, AICP, Planner SUBJECT: Ordinance Amendment – Solar (Photovoltaic) Energy Facility – Discussion DATE: November 3, 2017 This is a proposed amendment to Chapter 165 – Zoning Ordinance to add solar (photovoltaic) power generating facilities (i.e. solar farms) to the permitted use list for the RA (Rural Areas) Zoning District. Currently, public utility generating facilities are allowed as a “public utility.” Solar generating energy facilities are typically privately-owned and thus do not fall under the definition of a “public utility.” Staff has drafted a revision to the Zoning Ordinance to include a definition for a “solar (photovoltaic) energy facility,” provided supplementary use regulations, and revised the permitted use list for the RA Zoning District to further specify: Public utility generating (including solar (photo voltaic) energy facilities regardless of whether owned or operated by a public utility), booster or relay stations, transformer substations, transmission lines and towers, pipes, meters and other facilities, railroad facilities and sewer and water facilities and lines owned by public utilities, railroad companies or public agencies. The intent of this modification is to provide additional opportunities for uses in the County’s Rural Areas, that preserve the rural and agricultural integrity of these areas and are consistent with the goals and strategies outlined in the 2035 Comprehensive Policy Plan. This item was proposed through a request from a private developer and discussed by the Development Review and Regulations Committee (DRRC) at their July 27, August 24, and September 28, 2017 regular meetings. The DRRC agreed with the proposed changes. The attached document shows the existing ordinance with the proposed change supported by the DRRC (with 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. MTK/pd ARTICLE I GENERAL PROVISIONS; AMENDMENTS; AND CONDITIONAL USE PERMITS Part 101 – General Provisions § 165-101.02 Definitions and word usage. Solar (Photovoltaic) Energy Facility An energy conversion system consisting of photovoltaic panels, support structures, and associated, control, conversion, and transmission hardware on property consisting of six (6) or more acres. Also may be termed a “solar farm.” ARTICLE II SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES Part 204 – Additional Regulations for Specific Uses § 165-204.32. Solar (Photovoltaic) Energy Facility Solar (Photovoltaic) Energy Systems in the RA (Rural Areas) District shall be subject to the following requirements: A. An engineered site plan, in accordance with the requirements of Article VIII, shall be submitted to and approved by Frederick County. B. The facility shall, at a minimum, meet the setback requirement for primary structures in the RA District. C. All wiring not on the solar arrays shall be underground except where necessary to connect to the public utility. D. Buffers and screening (including distance, opaque elements, and landscaping) shall be determined by the Zoning Administrator at time of site plan. E. Within 365 days of the date of abandonment or discontinuation, the owner of the system shall physically remove all components of the solar energy system. If not removed within the allotted time, the County may have it removed at the expense of the owner. 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: Q. Public utility generating (including solar (photo voltaic) energy facilities regardless of whether owned or operated by a public utility), booster or relay stations, transformer substations, transmission lines and towers, pipes, meters and other facilities, railroad facilities and sewer and water facilities and lines owned by public utilities, railroad companies or public agencies.