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PC 10-17-12 Meeting Agenda AGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia October 17, 2012 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) August 15, 2012 Minutes and September 5, 2012 Minutes ........................................ (A) 3) Committee Reports .................................................................................................. (no tab) 4) Citizen Comments .................................................................................................... (no tab) PUBLIC MEETING 5) Rezoning #07-12 of O-N Minerals d/b/a Carmeuse Lime & Stone and Frederick County Parks & Recreation Department, to revise proffers associated with Rezoning #01-11. This revision specifically relates to Section 2.2 of the proffers, Site Development. The properties are located at 508 Quarry Lane, 3004 Martinsburg Pike and 3180 Martinsburg Pile. The subject parcels are located between the intersections of Route 11 with Brucetown Road (Route 672) and with Walters Mill Lane (Route 836) in the Stonewall Magisterial District, and are identified by Property Identification Numbers 44-A- 83, 44-A- 83A and 33-A-144 (portion of). Mr. Ruddy ........................................................................................................................ (B) COMMISSION DISCUSSION 6) Comprehensive Policy Plan Amendment CPPA #01-12, LFCC/Middletown SWSA – A request from the Lord Fairfax Community College to include land owned by the LFCC Foundation into Sewer and Water Service Area to enable the provision of public water and sewer initiated this proposed amendment. The resulting amendment proposes the establishment of a SWSA that encompasses Lord Fairfax Community College and the adjacent Middletown Elementary School and an institutional land use designation for the area. Water and sewer would continue to be provided by the Town of Middletown and the City of Winchester, respectively. Mr. Ruddy ........................................................................................................................ (C) 7) Other 8) Adjourn Frederick County Planning Commission Page 2886 Minutes of August 15, 2012 MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION The meeting was held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on August 15, 2012. PRESENT: June M. Wilmot, Chairman/ Member at Large; Brian Madagan, Opequon District; Gary R. Oates, Stonewall District; J. Stanley Crockett, Stonewall District; Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel, Shawnee District; Kevin W. Kenney, Gainesboro District; Charles E. Triplett, Gainesboro District; Greg L. Unger, Back Creek District; Kevin O. Crosen, Back Creek District; Steve Slaughter, City of Winchester Planning Commission’s Liaison; Ross P. Spicer, Frederick County Board of Supervisors’ Liaison; and Roderick B. Williams, Frederick County Attorney. ABSENT: Roger L. Thomas, Vice Chairman/ Opequon District; Christopher M. Mohn, Red Bud District; and Philip E. Lemieux, Red Bud District. STAFF PRESENT: Eric R. Lawrence, Planning Director; Michael T. Ruddy, Deputy Planning Director; and Renee’ S. Arlotta, Clerk. ----------- CALL TO ORDER & ADOPTION OF AGENDA Chairman Wilmot called the meeting to order at 7:00 p.m. A motion was made by Commissioner Oates to adopt the agenda for this evening’s meeting as presented. This motion was seconded by Commissioner Triplett and unanimously passed. ------------- MINUTES Upon motion made by Commissioner Oates and seconded by Commissioner Triplett, the minutes of July 18, 2012 were unanimously approved as presented. ------------- Frederick County Planning Commission Page 2887 Minutes of August 15, 2012 COMMITTEE REPORTS Economic Development Commission (EDC) – 8/03/12 Mtg. Commissioner Madagan reported a discussion on the EDC’s 30th anniversary and aspects and methods were discussed to both promote and celebrate this milestone. In addition, the EDC staff provided an update on the proactive business outreach. He said three different methods of proactive marketing are being pursued: attending expos, direct mail, and contacting tenant representatives and commercial real estate agents. Leads and contacts are monitored so at year-end, it can be determined where the best return on investment will be and adjust efforts accordingly. ------------- Transportation Committee – 7/23/12 Mtg. Commissioner Oates reported the stop signs requested for Canter Estates were installed. He said there is a request for an additional sign which would increase the fine for speeding by $200. The Transportation Committee decided to see if the stop signs were effective before they went to the next step. ------------- City of Winchester City of Winchester Liaison, Commissioner Steve Slaughter, reported that the City Planning Commission considered a rezoning on the old Glaize & Brothers site, Valley Lumber, which is being prepared for redevelopment; and a conditional use permit is being considered for the expansion of the Winchester-Frederick-Clarke SPCA site. He said work is also being done on permitting and ordinances to address temporary signs within the City. ------------- CITIZEN COMMENTS Chairman Wilmot called for citizen comments on any issue not on this evening’s agenda. No one came forward to speak and Chairman Wilmot closed the citizen comments portion of the meeting. -------------- PUBLIC MEETING Master Development Plan #04-12 of Doonbeg, LLC, submitted by Greenway Engineering, to construct 24 single-family small lot homes. The property is located on the north side of Apple Valley Road (Rt. 652), approximately ¼ mile west of the Valley Pike (Rt. 11 South) intersection. The property is further identified with P.I.N. 75-A-10A in the Back Creek District. Frederick County Planning Commission Page 2888 Minutes of August 15, 2012 Action – Recommended Approval of Three Waivers Planning Director, Eric R. Lawrence, reported this Master Development Plan (MDP) is to develop 4.67 acres off Apple Valley Road and has been zoned RP (Residential Performance) for the past 20+ years. He said there are no proffers on this property. Mr. Lawrence stated the applicant proposes to develop the property for 24 single-family small lots and the density is 5.14 units per acre. Mr. Lawrence noted the Commission previously saw this development at a work session back in December of 2011. He said it wasn’t presented as a MDP, but as part of a low-impact design example for revising the ordinance to allow for more creative designs dealing with storm water management. Specifically, the Doonbeg, LLC MDP seeks to construct a development with the following: a private street system without curb and gutter; pervious brick paver sidewalk adjacent to the street; individual lots with small bioretention cells and rain barrels; large bioretention facilities within common open space areas; managed storm water quality and quantity discharge; and storm water quality testing for use by the Public Works Department. Mr. Lawrence stated that three waivers are requested for this development from the Board of Supervisors and a recommendation from the Planning Commission is sought. The waivers include: 1) community center waiver; if granted, in-lieu-of a community center, the project would provide recreational amenities including walking trails, benches, and a community gathering area with fire pit; 2) inter-parcel connection waiver; if granted, this project would be constructed with a private road and cul-de-sac, and not continue onto the adjacent easterly property; 3) curb and gutter waiver; if granted, this project would utilize and implement low-impact design standards, which includes environmentally friendly storm water management techniques without the use of traditional curb and gutter. Mr. Lawrence concluded his presentation by stating that the Doonberg, LLC MDP is consistent with the Comprehensive Plan and the Zoning Ordinance if the waivers are granted. He noted this MDP is presented to the Planning Commission as an informational item; the only action needed from the Commission is a recommendation on the requested waivers. Mr. Evan A. Wyatt with Greenway Engineering was present to represent this MDP. Mr. Wyatt stated that beginning in 2014, Frederick County will be doing locally-managed storm water reporting to the State; and, as a result, the County is moving towards low impact design standards. He said the Public Works Department was interested to see if there was an opportunity to monitor a few projects as they crafted their requirements for 2014; this project seemed to be a good fit for the model. Mr. Wyatt said the applicant worked with the Public Works and Ordinance Committees, and the Board of Supervisors and ultimately adopted a series of ordinance amendments which set forth the opportunities to initiate low impact design. He said this was the basis for the waivers requested for this project. Mr. Wyatt next described each of the waivers and the reasons for requesting the waivers. Mr. Wyatt next described the proposed housing. He said the single-family homes will be two-bedroom rental units with a garage and five product designs will be offered. He showed two of the home designs on the overhead screen along with a general floor plan. Mr. Wyatt noted the homes will be marketed towards empty nesters and as starter homes, but are not conducive to large families. He said the maintenance package includes exterior maintenance of the property and units. Frederick County Planning Commission Page 2889 Minutes of August 15, 2012 Chairman Wilmot announced that this MDP is not a public hearing because the site has already been zoned; however, the Commission would welcome any citizen comments concerning this development. The following citizens came forward to speak regarding this application: Mr. Charles Harless, 188 Apple Valley Road, was the adjoining property owner on the east side of the project’s access road. Mr. Harless asked if the height of the proposed dwellings was consistent with the surrounding homes in the adjoining neighborhood. Mr. Harless said he granted an easement for construction of the driveway into this project with the belief this was going to be an age- restricted development. Mr. Harless proceeded to speak about the increase in traffic on Apple Valley Road (Rt. 652) and subsequent impacts. He was also concerned about the safety of school children waiting for buses at the entrance to this development due to the amount of traffic and the lack of site distance. Mr. William (Bill) McDonnell, 122 Plainfield Drive, inquired about the price range and size of the proposed homes and whether this was low-income housing. Mr. McDonnell was concerned about having lots of children in the proposed development; he commented about the absence of adequate play areas for children. He said the existing eight-foot privacy fence separating the project from Plainfield Heights is in need of repair and/or replacement. Mr. McDonnell had concerns about the adequacy of the storm water management proposed for the site and noted this area has drainage problems during heavy rains. Mr. McDonnell said the residents of the Plainfield Heights subdivision consists largely of retired, senior citizens and it is a quiet neighborhood with no crime. He said he and his neighbors do not want the quality of life they’ve become accustomed to be disrupted. Mr. Gregory Herter, 190 Apple Valley Road, was the adjoining property owner on the west side of the project’s access road. Mr. Herter was concerned that the developer did not inform the adjoining property owners earlier with information about the project. Mr. Herter was concerned that he did not have a sufficient amount of time to learn the details of the project and how his property may be affected. Mr. Herter submitted a list of written questions to the Planning Commission. Mr. Wyatt returned to the podium to respond to the questions and concerns raised by the citizens. Commissioner Unger made a motion to recommend approval of the first waiver request, the elimination of the community center and instead, the project would provide other recreational amenities which are supported by the Parks and Recreation Department. This motion was seconded by Commissioner Crosen and unanimously passed. Chairman Wilmot next entertained a motion for the second waiver request. Mr. Herter, the adjoining property owner on the west side of the project’s access road was interested in having access from the access road into his property. Mr. Wyatt said the applicant is willing to provide driveway access off of the access road and will provide a narrative on the final plan. Commissioner Unger made a motion to recommend approval of the waiver to eliminate an inter-parcel road connection on this property. This motion was seconded by Commissioner Crosen and unanimously passed. Commissioner Unger made a motion to recommend approval of the third requested waiver, the elimination of curb and gutter and instead, the project would utilize and implement low- impact design standards. This motion was seconded by Commissioner Crosen and unanimously passed. Frederick County Planning Commission Page 2890 Minutes of August 15, 2012 BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously recommend to the Board of Supervisors the approval of MDP #04-12 of Doonbeg, LLC, submitted by Greenway Engineering, to construct 24 single-family small lot homes, with the applicant’s request for three waivers, as follows: Wavier #1: Community Center Waiver (§165-402.08.A.1 of the Zoning Ordinance) In lieu of a community center, the project will provide recreational amenities including walking trails, benches, and a community gathering area with fire pit. Waiver #2: Inter-parcel Road Connection Waiver (§144-17.B.2 of the Subdivision Ordinance) This project will be constructed with a private road and cul-de-sac, and not continue onto the adjacent easterly property. Waiver #3: Curb & Gutter Waiver (§165-202.03.A.14 of the Zoning Ordinance and §144-17L of the Subdivision Ordinance). This project will utilize and implement low-impact design standards, which include environmentally friendly storm water management techniques, without the use of traditional curb and gutter. (Note: Commissioners Mohn, Lemieux, and Thomas were absent from the meeting.) ------------- Master Development Plan #05-12 for Winchester-81, LLC, submitted by Greenway Engineering, for commercial uses. This property is located on the north side of Route 37, the east side of Route 11, and the west side of I-81, in the northwest quadrant of I-81, Exit 313. The property is further identified with P.I.N. 75-A-10A in the Back Creek Magisterial District. Action – Recommended Approval Deputy Planning Director, Michael T. Ruddy, reported that the proposed master development plan (MDP) is to develop 23 acres, zoned B3 (Industrial Transition), for commercial uses. Mr. Ruddy stated access to the site is via an extension of existing Commonwealth Court (Rt. 1176). He noted a required zoning district buffer adjacent to Route 11 across from residential land uses. With regards to right-of-way and the I-81 Improvement Project, VDOT is working to address the needs associated with the project and is comfortable that the right-of-way will be obtained. Mr. Ruddy stated that this MDP is consistent with the Comprehensive Plan and it meets the requirements of the zoning ordinance. He concluded by noting that this MDP is presented to the Planning Commission as an informational item and comments from the Commission will be forwarded to the Board of Supervisors. Commissioner Oates referred to a comment by Mr. Ruddy concerning the buffer for residential properties across Route 11, and noted it is a fairly large right-of-way between the properties and questioned the appropriateness of requiring a buffer in that area. Commissioner Oates considered it a waste of commercial property and inquired if it could possibly be reduced. He said there are four lanes of traffic and a median strip; he didn’t see how the buffer could be protecting the housing. Mr. Ruddy replied that an adjacent property to the north provided a similar buffer and of course, there is a good corridor appearance buffer which extends along Route 11; in addition, south of Route 37 along the whole Kernstown Commons, there is a 50-foot buffer with landscaping and a bike path. Mr. Ruddy said the corridor appearance component is an element of consideration, along with the residential use. Frederick County Planning Commission Page 2891 Minutes of August 15, 2012 Commissioner Oates suggested that 50 feet may be more reasonable, since that is the setback for buildings off the road; however this one is at 100 feet and seems excessive. Commissioner Unger agreed with Commissioner Oates on his recommendation. Commissioner Kenney inquired if additional improvements needed to be made to Commonwealth Court to handle the impact of the additional vehicular and truck traffic. Mr. Ruddy said that VDOT’s comments recognized there would be impacts on Route 11, Commonwealth Court, and adjacent roads. Mr. Ruddy said that if improvements are needed to accommodate the additional traffic on those roads, VDOT would certainly call for those at the site development stage. Mr. Evan A. Wyatt with Greenway Engineering was representing this application. Mr. Wyatt agreed the buffer appeared to be excessive in this case. He said if the staff is willing to work with the property owner to reduce the buffer, it would be appreciated. Mr. Wyatt addressed Commissioner Kenney’s comment and stated when this proposal was brought forward, there was support from the Planning Staff to extend Commonwealth Court and tie it across from the off-ramp of Route 37, similar to what was done on the Nerangis property. The developer, even though this was zoned and un-proffered, was willing to provide “de facto” proffers where he would construct the road, relocate the traffic signal, widen the turn lanes, and attempt to direct the traffic to where it made the interstate more accessible. Mr. Wyatt said from a local perspective, it made sense and was supported; unfortunately, they could not get there with VDOT. He said as a result, they are at Plan B, which is simply the extension of Commonwealth Court into the applicant’s property. He said the round-about keeps the volume of traffic free-flowing, so that is not an issue. He said if VDOT has a concern, they will have to work to address it because the road is maximized between the turn lanes, the pavement, and the right-of-way width. In other words, he said the applicant does not have the right-of-way to do anything. Mr. Wyatt said that good planning would have approached this scenario a little differently. Chairman Wilmot called for anyone in the audience who wanted to speak regarding this proposed MDP. No one came forward to speak and Chairman Wilmot closed the public comment portion of the meeting. Mr. Ruddy said he would forward the comments from the Planning Commission on to the Board of Supervisors. No formal action was needed by the Planning Commission. ------------- COMMISSION DISCUSSION BUSINESS DEVELOPMENT ADVANCEMENT STUDY (BDAS) REPORT AND RECOMMENDATION Planning Director, Eric R. Lawrence, reported that one of the topics of discussion at the Planning Commission’s 2012 Annual Retreat was implementing the Comprehensive Plan through economic development. Mr. Lawrence said the importance of a 20-30 year vision plan was discussed to ensure there would be appropriate areas identified for industrial and business development. Mr. Lawrence said the BDAS (Business Development Advancement Study) is the result of the Planning Commission’s discussions. He said the study group consisted of members from the Planning Commission, the Board of Supervisors, the Frederick County Sanitation Authority, and the Winchester- Frederick County Planning Commission Page 2892 Minutes of August 15, 2012 Frederick County Economic Development Commission. Mr. Lawrence reported that on July 12, 2012, the BDAS Committee concluded their study and endorsed their report and recommendation entitled, “A New Strategy: Advancing the Comprehensive Plan from Vision to Shovel-Ready Business Development Sites.” Mr. Lawrence explained that one of the first priority issues identified was that business development opportunities had been lost due to limited readily-available business sites. He explained that potential business developers bypassed our community because there were no “zoned” business sites readily available with site access and existing water and sewer facilities. Likewise, it was learned from the property owners that they were hesitant to seek rezoning without a pending buyer, due to the cost of rezoning and associated costs of increased real estate taxes, the loss of the land use assessment program, and the cost of necessary transportation infrastructure. Mr. Lawrence said that with the help of experts in various fields, the BDAS Committee conducted an analysis of needed infrastructure, as well as projected cost estimates, and identified a list of targeted businesses from the 2030 Comprehensive Plan and specific targeted zoning districts. He said the committee also conducted scenarios using cost estimates to serve designated business sites and analyzed projected business activity and associated revenues. Mr. Lawrence provided details of the infrastructure analysis and scenarios for the Commission. He said the results showed that depending on the infrastructure and land use, a net positive could be realized within 7-to-12 years. Mr. Lawrence said the committee next developed a program proposal consisting of business development initiatives, as well as incentives for property owners. He talked about the various initiatives and incentives proposed with the Commission. Mr. Lawrence concluded by stating the BDAS Committee is hoping to see increased tax revenue and new job opportunities for the community with this proposed program. Commissioner Crosen thought the study by the BDAS Committee was well put together; however, he believed the fast track component would need to be exceptional. Commissioner Crosen said that some property owners have told him that it’s such a slow process here that they probably would not pursue development in Frederick County. Commissioner Unger said that if a viable company did come to Frederick County and if a place was available to locate them, he did not think the county could accommodate them because the county does not have an adequate water supply source. Mr. Lawrence replied this issue is certainly recognized, but the county needs to continue to pursue water and sewer capacity and make sure it is available for the business when they come into the community. Chairman Wilmot added that during meetings with the Sanitation Authority, Engineer- Director Uwe E. Weindel, P.E., continually asked where it was intended for water and sewer facilities to be available. Mr. Weindel had said this service could not be available in numerous places all at once and it must be within the capabilities of the Sanitation Authority. Chairman Wilmot said the best we can do is to identify where it is that those services have the largest chance of being successful to incentivize business. She said the county would put the water in the most effective areas. Commissioner Oates said that the Director of the Sanitation Authority, Mr. Weindel, believed Frederick County had resources to accommodate one additional water-intensive industry, such as the existing Hood Dairy. Commissioner Oates explained that by placing this program within the EDC’s (Economic Development Commission) realm of bringing in targeted businesses, the county and EDC has Frederick County Planning Commission Page 2893 Minutes of August 15, 2012 the ability not to target businesses it cannot serve. He said this would be more of hand-picking targeted businesses. Regarding the staff’s comment of seeking infrastructure funding through Federal and State sources, Commissioner Kenney referred to the term, “site shovel readiness,” and he noted that there were two different philosophies on how to make that happen. Commissioner Kenney asked if the county would be matching an initiative with the Federal government’s idea of “shovel ready.” Mr. Lawrence replied that when the Federal Government said they were willing to fund “shovel ready” projects, that meant they were looking for engineered projects or public improvement plans that did not have the dollars for construction, but the project had been through engineering. Mr. Lawrence said the county is a little different from that because the county’s vision is that we want it shovel ready for business development, by making sure the property is properly zoned, and by making sure there is transportation and water and sewer infrastructure, or the funding to start moving on getting those services and infrastructure on the ground, so that someone coming into the community knows whether they can submit a site plan today and be open in nine months or if they have to wait six months for the county to catch up. Mr. Lawrence said the county’s “shovel-ready” is a little different from the Federal Government, simply because our belief is that if we pick a site and we want to make sure it is accessible, we are going after all of the funding and we will do the design and build the infrastructure. Commissioner Oates noted a “shovel ready” example would be say, 20 acres in the Stonewall Industrial Park and everything is there and we’re ready for the site plan. As soon as the customer comes in the door, the site plan is started and the county would help get that site plan through quickly. He said it would still be dependent on the engineers to draw it up, but basically, everything would be ready to start the job. Chairman Wilmot suggested that as the Commission goes through this process, it may be best to ask ourselves the question of why we are doing this. She said this has to do with finances, not necessarily land use. Chairman Wilmot said it is to be able to generate the revenue so the county can pay for the services that our citizens are looking for. Chairman Wilmot thanked all the members of the Commission and Supervisors for working on this study. Mr. Lawrence said he would forward the Commission’s comments on to the Board of Supervisors. ------------- URBAN CENTER REPORT Deputy Planning Director, Michael T. Ruddy, reported that following the adoption of the 2030 Comprehensive Plan and more recently, the Senseny/Eastern Frederick Urban Area Plan, the Urban Center Design Cabinet was formed in an effort to further implement the 2030 Comprehensive Plan with regards to the identified urban centers. Mr. Ruddy said the Urban Center Design Cabinet was established to conduct more detailed land use studies for selected urban centers identified in the area plans. The urban centers identified are: Crosspointe, Greenwood, and Parkins Mill Urban Centers from the Senseny Eastern Frederick Urban Area Plan, and Sherando from the Routed 277 Study Area Plan. Mr. Ruddy stated the concepts for these particular areas from the Design Cabinet are not a mandate of any particular Frederick County Planning Commission Page 2894 Minutes of August 15, 2012 development plan or program for those areas, but are intended to facilitate continued discussion and to have the locations be all they can be by encouraging creativity and collaboration. Mr. Ruddy next addressed the question of, “What is an Urban Center,” and he talked about the five attributes of an urban center identified by the Design Cabinet. Mr. Ruddy next reviewed the maps depicting each of the designated urban centers and those maps identified the main street areas, the high-density commercial, the high and medium density residential, and institutional. He described the particular distinctive attributes that made each urban center an attractive destination. Mr. Ruddy said the narrative accompanying each urban center map will hopefully support the vision for those areas and will support future planning resulting in successful urban centers. He added that the concepts are efficient, financially sound, and create a livable community. Chairman Wilmot introduced Mr. John Conrad, and thanked him for his most capable leadership of the study group. Mr. Conrad came forward to address the Commission. Mr. Conrad stated that he had numerous conversations with Chairman Wilmot and Mr. Ruddy prior to beginning the studies because he did not want to force a particular design plan on anyone. He said he received assurances that this is solely a suggestion. Mr. Conrad pointed out this plan is something for the future, possibly in the year 2050, after the population more than doubles that of today. He mentioned the need to identify a “hook,” which is what will bring people to the urban centers, and it has to be education, employment, or municipal. He said the study group recognized that what seems to work best is when people can walk to work and this is the reason people are willing to be in a tight compound like an urban center; they will have everything they need there. He said that public transportation is needed, however, to accommodate these things. Mr. Conrad said the excitement is that we are thinking about these concepts today. He said if we think about these things today, then it will happen. He applauded the Planning Commission for starting this and he believed it was a great idea. Chairman Wilmot agreed there must be a “mark” if an area is to become an urban center; she said it has to have some sense as to how it is to be developed, along with some time frames and logical order. Mr. Ruddy said he would forward all of the comments to the Board of Supervisors for their discussion. ------------- Frederick County Planning Commission Page 2895 Minutes of August 15, 2012 OTHER ADJOURNMENT No further business remained to be discussed and upon motion by Commissioner Oates and second by Commissioner Crockett, the meeting adjourned at 7:45 p.m. by a unanimous vote. Respectfully submitted, _______________________________________ June M. Wilmot, Chairman _______________________________________ Eric R. Lawrence, Secretary Frederick County Planning Commission Page 2896 Minutes of September 5, 2012 MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION The meeting was held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on September 5, 2012. PRESENT: June M. Wilmot, Chairman/ Member at Large; Roger L. Thomas, Vice Chairman/ Opequon District; Gary R. Oates, Stonewall District; J. Stanley Crockett, Stonewall District; Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel, Shawnee District; Kevin W. Kenney, Gainesboro District; Charles E. Triplett, Gainesboro District; Greg L. Unger, Back Creek District; Kevin O. Crosen, Back Creek District; Christopher M. Mohn, Red Bud District; and Philip E. Lemieux, Red Bud District; Jennifer Beatley, City of Winchester Planning Commission’s Liaison; Ross P. Spicer, Frederick County Board of Supervisors’ Liaison; and Roderick B. Williams, Frederick County Attorney. ABSENT: Brian Madagan, Opequon District STAFF PRESENT: Eric R. Lawrence, Planning Director; Michael T. Ruddy, Deputy Planning Director; John A. Bishop, Deputy Director–Transportation; Mark R. Cheran, Zoning & Subdivision Administrator; and Renee’ S. Arlotta, Clerk. ----------- CALL TO ORDER & ADOPTION OF AGENDA Chairman Wilmot called the meeting to order at 7:00 p.m. A motion was made by Commissioner Oates to adopt the agenda for this evening’s meeting as presented. This motion was seconded by Commissioner Thomas and unanimously passed. ------------- COMMITTEE REPORTS Sanitation Authority (SA) – 8/21/12 Mtg. Commissioner Unger gave the following report: 5.46 inches of rainfall was recorded for last month; the previous month was 2.75 inches. The Diehl Plant used 2.3 mgd; the Anderson Plant used 2.3 mgd; and .88 mgd was purchased from the City of Winchester; the daily average use was 5.51 mgd, which is normal for this time of year. The Diehl Plant went down approximately six feet last month; the Anderson Plant also went down about six feet. The Sanitation Authority was not concerned about the decrease in plant levels, based on the time of year. There was also discussion about some problems with the force main in Stephens City and there are plans for replacement. Bids were received and Carroll Construction was awarded at $178,000. The Sanitation Authority recommended there should not be any Frederick County Planning Commission Page 2897 Minutes of September 5, 2012 further hook-ups at the Stephens Pump Station until some of the infrastructure is repaired; work is continuing on repairing leakage. ------------- Transportation Committee Commissioner Oates reported on five items from the Transportation Committee: 1) Received the BDAS Committee Report; 2) Received a proposal for Dairy Corner Lane (Rt. 7 and I-81) for one of the streets to be designated as a “one-way” street to avoid left-turn movements out to the traffic signal; 3) Recommended to the Board of Supervisors the removal of a portion of Gold’s Orchard Road in the Back Creek District; 4) Conclusion of the Hayfield Road Study; all agencies including the State, the Schools, and the Sheriff’s Office, have submitted reviews and it was determined the intersection of Hayfield Road and Route 50 is in compliance with regulations and no improvements are warranted; and, 5) Recommended approval of a resolution to the Board of Supervisors on a request for advanced traffic signal warning devices, in particular, at Sulphur Springs Road and Route 50 East. – 8/27/12 Mtg. ------------- Winchester City Planning Commission – 8/21/12 Mtg. Commissioner Kenney reported about two items on the City Planning Commission’s agenda: 1) Rezoning of the former Glaize & Brothers Valley Lumber location on Cameron Street; this request was a change in zoning to Mixed Use for a district office with a residential component and some commercial; there were possible height implications; however, a generalized construction plan is not yet available; this was forwarded to City Council for approval; and, 2) CUP for the SPCA on Featherbed Lane for expansion of activities; some flood plain issues were recognized; this was also forwarded to City Council for approval. Chairman Wilmot welcomed Commissioner Jennifer Beatley from the Winchester City Planning Commission. Commissioner Beatley added to the City Planning Commission’s report noting the recommendation of approval for administrative authorization for Parks & Recreation to improve the BMX track at Jim Barnett Park, focusing on parking and sidewalk areas. Commissioner Beatley said the next Planning Commission meeting is scheduled for September 18, 2012, at 3:00 p.m. ------------- CITIZEN COMMENTS Chairman Wilmot called for citizen comments on any issue not on this evening’s agenda. No one came forward to speak and Chairman Wilmot closed the citizen comments portion of the meeting. -------------- Frederick County Planning Commission Page 2898 Minutes of September 5, 2012 PUBLIC HEARING An ordinance to amend the Frederick County Code, Chapter 165, Zoning, and Chapter 144, Subdivision of Land, by revising all waiver opportunities contained within these two chapters. These revisions will ensure that all waiver opportunities are authorized by the appropriate approving body, either the Board of Supervisors or the Zoning & Subdivision Administrator. Action – Recommended Approval Deputy Planning Director, Michael T. Ruddy, reported that the staff has been asked to review all waiver opportunities contained within the zoning and subdivision ordinances. Mr. Ruddy said the review of these waivers is due partly to the fact that staff has been informed that the Code of Virginia does not allow the Planning Commission to approve deviations from the ordinances; these are only authorized by the Zoning & Subdivision Administrator or the Board of Supervisors. Mr. Ruddy said this review will also ensure that the approving body for each waiver opportunity is appropriate. Mr. Ruddy said the Board of Supervisors directed the staff to forward this item through the public hearing process following a discussion at their July 25, 2012 meeting. He said this item has three attachments: 1) Current Planning Commission Waivers; 2) Current Board of Supervisors Waivers: and 3) Current Zoning & Subdivision Administrator Waivers. He commented that with each waiver, the staff has ensured the applications that must be reviewed by the Board of Supervisors, or waivers that have the potential to impact surrounding properties, have been changed to show Board waivers; applications that only require administrative review and approval have been changed to show Zoning & Subdivision Administrator approval. Mr. Ruddy pointed out one particular waiver in Attachment 1, Page 10. He stated the DRRC (Development Review & Regulations Committee) recommended the removal of this waiver which allows for reduced setbacks in the EM District for excavations adjacent to residential dwellings. Mr. Ruddy said when this particular waiver was discussed, there were no strong feelings by either the Planning Commission or the Board of Supervisors; however, as it is brought before the Planning Commission today as a public hearing, he wanted to make sure the DRRC’s recommendation was recognized. Chairman Wilmot opened the public hearing and called for citizen comments regarding these proposed ordinance amendments. No one came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. Commissioner Oates recalled from the DRRC meeting, members were unanimous in their recommendation to remove that particular waiver from the EM District. Commissioner Oates believed the Planning Commission should pursue this and recommend to the Board of Supervisors that it be deleted. Commissioner Thomas agreed with the recommendation by the DRRC for the EM (Extractive Mining) District. Commissioner Thomas believed there needed to be a geo-tech analysis at 50 feet and it should not be based on sight or landscaping. Frederick County Planning Commission Page 2899 Minutes of September 5, 2012 Upon a motion made by Commissioner Oates and seconded by Commissioner Thomas, BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously recommend approval as presented of the ordinance to amend the Frederick County Code, Chapter 165, Zoning, and Chapter 144, Subdivision of Land, by revising all waiver opportunities contained within these two chapters and to ensure that all waiver opportunities are authorized by the appropriate approving body, either the Board of Supervisors or the Zoning & Subdivision Administrator, with the exception of removing the waiver of reduced setbacks in the EM (Extractive Manufacturing). (Note: Commissioner Madagan was absent from the meeting.) ------------- PUBLIC MEETING Rezoning Application #06-12 of Willow Run, submitted by Greenway Engineering, to revise proffers associated with Rezoning #21-06. This revision relates to the transportation enhancements section of the proffers. The properties are located east of Route 17 and Merriman’s Lane (Route 621), north of Cedar Creek Grade (Route 622), and south and west of the City of Winchester Corporate Limits. The properties are further identified with P.I.N.s 53-A-90, 53-A-91, 53-A-92, 53- A-92A, 53-A-92B, 53-3-A, and 63-A-2A in the Gainesboro Magisterial District. Action – Recommended Approval Deputy Director-Transportation, John A. Bishop, reported this application is considered to be a minor proffer revision under the State Code, which is why it is a public meeting item and not a public hearing item. Mr. Bishop said the request is to modify proffers specifically related to the timing of certain transportation improvements (the interchange at the extension of Jubal Early Drive and Route 37) and proffered land (a five-acre parcel) for an aquatic center. Mr. Bishop said the current proffered B2 language states, “The 5-acre site shall be available to Frederick County for a period of five years beginning calendar year 2009 from the date of final non-appealable rezoning approval.” The proposed proffered B2 language states, “The five-acre site shall be available to Frederick County for a period of three years beginning in calendar year 2012 from the date of final non-appealable rezoning approval.” Mr. Bishop reported the current proffered D5 language dealing with the construction timeline of the interchange states, “The applicants shall commence construction of this improvement in calendar year 2012 with completion no later than calendar year 2015, or completion no later than the issuance of the 600th building permit, whichever occurs first.” The proposed proffered D5 language states, “The applicants shall commence construction of this improvement in calendar year 2017 with completion no later than calendar year 2022, or completion no later than the issuance of the 600th building permit, whichever occurs first.” Commissioner Oates noted that Merrimans Lane traverses through this property. He commented that if the County decided to use this land for an aquatic center, they probably couldn’t take possession of it until 2022, after the road improvements are completed. Mr. Bishop replied the County cannot take possession until it is no longer a VDOT right-of-way; VDOT will not give that up until it is Frederick County Planning Commission Page 2900 Minutes of September 5, 2012 no longer needed for a road. Commissioner Oates expressed concern about the seven-to-eight year gap, not knowing if the transportation improvements will occur. Commissioner Thomas commented that the developer is expecting the County to make a decision before any construction starts. He questioned the wisdom of taking the land and not knowing for seven years if construction will occur. He believed the two time frames should be more compatible. Mr. Bishop remarked that the Parks & Recreation Department requested a 2017 deadline for determination; however, the applicant did not choose to do that at this time. Chairman Wilmot asked if the movement of Merrimans Lane to the east would take place at the same time as the construction of the interchange or if they were separate events. Mr. Bishop expected them to be closely related. He said if there was project phasing, he thought Jubal Early could be brought to the new Merrimans location and continue south before the interchange, although he wasn’t certain how it would be done. He said as the county is considering all the transportation improvements together, there should be a symbiotic relationship between all the connections as they go in. He commented that the interchange could not be put in without moving Merrimans Lane. Mr. Evan A. Wyatt with Greenway Engineering was representing the Willow Run rezoning application. Mr. Wyatt said the request before the Commission is strictly economically driven. He said there has been no activity with this project and to start a new interchange at this juncture is a hardship for the applicants. Mr. Wyatt said two previous proffers have been completed: One, the dedication of right-of-way to VDOT for the interchange area by the end of 2012 has been performed and removed; and two, the commitment of a $25,000 cash payment on a four-year basis to the City of Winchester, totaling $100,000, has been satisfied and removed. Mr. Wyatt noted there is a date issue with the Frederick County Parks & Recreation proffer for the dedication of an aquatic center that needs to be revisited. Mr. Wyatt said with the initial rezoning, the County was interested in constructing an aquatic center in this area; however, over time, and through updates of the County’s C.I.P., the desire for the indoor aquatic facility is now described as an eight-acre site. Mr. Wyatt said the only land bay the applicant’s have of that size would be across the street in an area that was proposed for the commercial area. Mr. Wyatt said they were in contact with Parks & Recreation to find out if they were still interested in constructing an aquatic center in this area. He said the Parks & Recreation would like to see the time line continue; however, the applicant sees this differently. The applicant believes it would probably be better for all parties involved to use this parcel for economic development purposes. Mr. Wyatt reported the applicant is willing to provide the Parks & Recreation Department an additional year to make a determination. Some members of the Commission perceived an incompatibility with the time frame between the applicant’s proffered availability of the five-acre site and the construction of the improvements for the interchange and Merrimans Lane. The revised proffer would give the County from 2012 to 2015 to determine whether to take advantage of the aquatic center site; however, it would give the applicant up to 2017 to begin construction and until 2022 to complete construction of the interchange between Jubal Early Drive and Route 37. The Commissioners were concerned about the seven-to-eight year gap of not knowing if the transportation improvements would even occur and there was lengthy discussion on this matter. Mr. Wyatt noted the relationship between the interchange and the development of the aquatic center is not necessarily dependent upon each other. He stated the property could be accessed through the relocation of Merrimans Lane, which traverses the applicant’s property. Mr. Wyatt stated the Frederick County Planning Commission Page 2901 Minutes of September 5, 2012 intent was to seek a dialogue as to whether the County wanted to pursue the five-acre site for an aquatic center in this area, or if they preferred to have an 8-12 acre site, which is what the Parks & Recreation Department has indicated in the C.I.P., then the large, commercial land bay across the street would have to be used. Questions were raised by Commissioners about whether the applicant would be able to meet his proffered minimum commercial area, if the larger land bay was used for an aquatic center; and, in addition, questions concerning the broader implications for the land use program in this area, other than just Merrimans Lane, were also raised. Chairman Wilmot opened the public meeting for citizen comments. No one came forward to speak and Chairman Wilmot closed the public comment portion of the meeting. Considering the revised proffer allowed Parks & Recreation three years to decide on this site and most probably eight to nine years before the County could acquire the site, members of the Commission felt more comfortable with the revised proffer. A motion was made by Commissioner Kenney to recommend approval of the revised proffers as presented. This motion was seconded by Commissioner Triplett and unanimously passed. BE IT RESOLVED, that the Frederick County Planning Commission does hereby recommend approval of Rezoning Application #06-12 of Willow Run, submitted by Greenway Engineering, to revise proffers associated with Rezoning #21-06, dealing with the transportation enhancements section of the proffers. (Note: Commissioner Madagan was absent from the meeting.) ------------- OTHER CANCELLATION OF THE SEPTEMBER 19, 2012 MEETING Chairman Wilmot announced there were no pending items for the Planning Commission’s September 19 meeting. Upon motion by Commissioner Oates and seconded by Commissioner Kenney, the Planning Commission voted unanimously to cancel the regularly scheduled meeting on September 19, 2012. ------------- Frederick County Planning Commission Page 2902 Minutes of September 5, 2012 ADJOURNMENT No further business remained to be discussed and by a unanimous vote, the Planning Commission adjourned at 8:45 p.m. Respectfully submitted, _______________________________________ June M. Wilmot, Chairman _______________________________________ Eric R. Lawrence, Secretary REZONING APPLICATION #07-12 CARMEUSE NA, CLEARBROOK and FREDERICK COUNTY PARKS & RECREATION Staff Report for the Planning Commission Prepared: October 1, 2012 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director Reviewed Planning Commission: 10/17/12 Pending Action Board of Supervisors: 11/14/12 Pending PROPOSAL : To revise the proffers associated with Rezoning RZ#01-11. The revision relates to the “Site Development” section of the proffers, specifically, Section 2.2 and the timing of the planting of the landscaping buffer adjacent to those areas currently leased and used by Frederick County as a park and citizen’s convenience center. LOCATION : The properties, with addresses of 508 Quarry Lane, 3004 Martinsburg Pike and 3180 Martinsburg Pike, are located on the east side of Route 11 between the intersections of Brucetown Road (Route 672) and Walters Mill Lane (Route 836). EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 10/17/12 PLANNING COMMISSION MEETING: The purpose of this application is to request a minor proffer revision to ensure that a conflict does not exist in the interpretation of the Proffer Statement, Section 2.2. More specifically, the proffer language revision would allow the Applicant the ability to delay the installation of the proffered buffer identified in Exhibit 2 until one year after Carmeuse terminates its agreement with Frederick County for the use of the leased area. “Exhibit 2”, as revised, identifies the “Delayed Landscape Berm Buffer” area with a red dashed line. Frederick County currently leases approximately eleven acres of the previously rezoned property as part of a longstanding agreement with the quarry. The entry and access road for Clearbrook Park and the Frederick County’s Citizen’s Convenience Center, and multiple parking spaces for patrons of Clearbrook Park, could potentially be impacted by the installation of the berm prior to the conclusion of the County’s use of the leased property. In the original rezoning, the Applicant proffered to plant trees in the location identified on Exhibit 2 within one year from the date of the zoning approval. Strict interpretation of the Proffer would set December 14, 2012 as the date the buffer and landscaping installation would have to be completed. All parties are in agreement to the modification. Staff would support the minor revision to the proffer statement. 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 #07-12 Carmeuse NA – Clearbrook, Parks & Recreation Rezoning October 1, 2012 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 Planning Commission: 10/17/12 Pending Action Board of Supervisors: 11/14/12 Pending PROPOSAL : To revise the proffers associated with Rezoning RZ#01-11. The revision relates to the “Site Development” section of the proffers, specifically, Section 2.2 and the timing of the planting of the landscaping buffer adjacent to those areas currently leased and used by Frederick County as a park and citizen’s convenience center. LOCATION : The properties, with addresses of 508 Quarry Lane, 3004 Martinsburg Pike and 3180 Martinsburg Pike, are located between the intersections of Route 11 with Brucetown Road (Route 672) and Walters Mill Lane (Route 836). MAGISTERIAL DISTRICT : Stonewall PROPERTY ID NUMBERS : 44-A-83, 44-A-83A and 33-A-144 (portion of (see exhibit)) PROPERTY ZONING : EM (Extractive Manufacturing) District (RZ#01-11) PRESENT USE : Vacant/Agricultural/Residential/Park ADJOINING PROPERTY ZONING & PRESENT USE : North: RA (Rural Areas) Use: Clearbrook Park South: RA (Rural Areas) Use: Residential/Agricultural East: EM (Extractive Manufacturing Use: Quarry West: RA (Rural Areas) Use: School/Residential/Vacant/Fairgrounds Rezoning #07-12 Carmeuse NA – Clearbrook, Parks & Recreation Rezoning October 1, 2012 Page 3 Planning & Zoning: 1) Site History The original Frederick County zoning map (U.S.G.S. Inwood/Stephenson Quadrangles) identify 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 balance of parcel 33-A-144 not zoned RA was zoned EM during the County’s comprehensive downzoning RZ#13-80 completed in 1980. The most recent rezoning from RA to EM in the vicinity of this property occurred with RZ#010-98 when W.S. Frey rezoned 31.74 acres at the southern end of their property. Numerous adjustments to the boundaries of the parcels in this area have occurred in recent years. As part of the most recent rezoning, the applicant provided a plat which depicts a zoning boundary within parcel 33-A-144. This line appears to accurately reflect the existing boundary of the EM zoned land. The County agreed that the location identified on the plat resolves any ambiguity as to the zoning boundary. The previous rezoning, RZ#01-11, rezoned 92 acres from RA (Rural Areas) District to EM (Extractive Manufacturing) District, with proffers. 2) Comprehensive Policy Plan The 2030 Comprehensive Policy 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. 3) Proffer Statement – Original dated February 8, 2011 (Revised September 28, 2012) A) Allowed Uses: No change B) Access Management and Transportation. No change Rezoning #07-12 Carmeuse NA – Clearbrook, Parks & Recreation Rezoning October 1, 2012 Page 4 C) Site Development: Proffer 2.2 has been modified to allow the Applicant to delay their compliance with the terms of the Proffer to within one year of the termination of the agreement allowing for the uses between Frederick County and the Applicant; the park and citizens convenience center. Exhibit 2 has been revised to identify the location where the landscaped berm buffer may be delayed. The Applicant shall install the balance of the buffer and landscaping as previously proffered and as depicted on Exhibit 2. D) Mitigating the Impact of Development: No change STAFF CONCLUSIONS FOR THE 10/17/12 PLANNING COMMISSION MEETING: The purpose of this application is to request a minor proffer revision to ensure that a conflict does not exist in the interpretation of the Proffer Statement, Section 2.2. More specifically, the proffer language revision would allow the Applicant the ability to delay the installation of the proffered buffer identified in Exhibit 2 until one year after Carmeuse terminates its agreement with Frederick County for the use of the leased area. “Exhibit 2”, as revised, identifies the “Delayed Landscape Berm Buffer” area with a red dashed line. Frederick County currently leases approximately eleven acres of the previously rezoned property as part of a longstanding agreement with the quarry. The entry and access road for Clearbrook Park and the Frederick County’s Citizen’s Convenience Center, and multiple parking spaces for patrons of Clearbrook Park could potentially be impacted by the installation of the berm prior to the conclusion of the County’s use of the leased property. In the original rezoning, the Applicant proffered to plant trees in the location identified on Exhibit 2 within one year from the date of the zoning approval. Strict interpretation of the Proffer would set December 14, 2012 as the date the buffer and landscaping installation would have to be completed. All parties are in agreement to the modification. Staff would support the minor revision to the proffer statement. 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. Baltimore & Ohio RR C o n s o l i d a t e d R R CLEARBROOKPARKSubdivision CEDAR HILLESTATESSubdivision 0111 §¨¦81 §¨¦81 ST672 ST672 ST665 HOPEWELL RD A I K E N L N P O O L S I D E D R FAIRGROUND RD RURITANWAY A L F A L F A L N TA T AN KA L N B R U C E T O W N R D H O P E W E L L L N GUNCLUB RD L I T T L E R L N P A R T N E R O F C H O I C E L N M A R T I N S B U R G P I K EWAVERLY R D WALTERSMILL LN Q U A R R Y L N 44 A 90 44 A 88 44 A 91 44 A 95 44 A 95A 44 A121C 44 A121B 44 A 115 44 A 116 44 4 A 444 4 A 344 4 A 1 44 4 B 744 4 B 6 44 4 B 8 44 A113 44 A 112 44 A 111 44 A111A 44 A109B 44 A109A 44 A108C 45 A 8 44 A 89A 44 A 114 44 A115A 44 4 B 5 44 A108B 44 A108A 44 A 85 44 A 89 44 A 96 44 A 10644 A105 44 A103A 44 A 101 44 A 102 33 A 144 44 A 104 44 A 77 44 A96C 44 A 96B 44 A 96D 44 A 103 44 A 97 44 A 100 44 A100A 44 A 83 44 A96A 44 A 77A 44 A 84 45 A 8C 45 A 1 44 A 81 44A 1 10 44A 1 844A 1 9 44A 1 644A 1 5 44 A83A 44 A 80 44 A 82 44A 1 4 44A 1 1 44A 1 3 33 A165 33 A164D 34 A 24D 33 A 164 33 A164C 33 A162B 34 A 20 33 A 78 33 A164A 33 A164I 33 A164E 33 A164B 33 A164H 33 A164G 33 A 162 33 A164F 33 A163 33 A158 33 A 16133 A 160 CMTY 34 A 22A 33 A114A 33 A115B 33 A115A 33 A 115 33 2 A 33B 1 12 33B 1 9 33 A 151 33 A 14933 A 150 33 A 13733 A 138 34 A 21 33 A114C 33 A114B 33 A 14833B 153A 34 A 11A 33 A166 33 A 136 34 A 11 33 A 135 34 A 1834 A 17 34 A 19 34 A 15 33 A 78A 33 A 117 33 A117A 33 A155B 33B A 2 33 A 119 33 A 122 33 A 120 33 A 121 33 A77B 33 A 123 33 A122A 33 A133A33 A123A 33 A124D REZ0712 REZ0712 REZ0712 Area to be ReZoned Applications Parcels Building Footprints B1 (Business, Neighborhood District) B2 (Business, General Distrist) B3 (Business, Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) M1 (Industrial, Light District) M2 (Industrial, General District) MH1 (Mobile Home Com munity District) MS (Medical Support District) OM (O ffice - Manufacturing Park) R4 (Residential Planned Community District) R5 (Residential Recreational Community District) RA (Rural Area District) RP (Residential P er formance District) I Note:Frederick County D ept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map C reated: October 01, 2012Staff: mruddy Clear Brook Step hens on REZ # 07 - 12O-N Minerals d/b/a Carmeuse Lime and Stoneand Frederick County Parks and RecreationPINs:44 - A - 83, 44 - A - 83A, 33 - A - 144 REZ # 07 - 12O-N Minerals d/b/a Carmeuse Lime and Stoneand Frederick County Parks and RecreationPINs:44 - A - 83, 44 - A - 83A , 33 - A - 144 0 0.25 0.50.125 Miles c APPENDIX I - AREA PLANS Middletown/Lord Fairfax Sewer and Water Service Area Draft September 26, 2012 MIDDLETOWN/LORD FAIRFAX SEWER AND WATER SERVICE AREA Lord Fairfax Community College (LFCC) is a comprehensive, multi-campus public institution of higher education. Through its three locations — the Fauquier and Middletown Campuses and the Luray-Page County Center — the College serves eight localities in the Shenandoah Valley and Piedmont regions. The localities are the counties of Clarke, Fauquier, Frederick, Page, Rappahannock, Shenandoah and Warren and the city of Winchester. Frederick County’s Middletown Campus is located at 173 Skirmisher Lane, Middletown, Virginia. The Middletown campus has grown since it was founded in 1970 into the campus illustrated in the following site plan. LFCC is looking to expand its facilities on its current property and on property owned by the LFCC Foundation. The Middletown Elementary School is located i mmediately north of Lord Fairfax Community College and is one of eleven elementary schools operated by Frederick County Public Schools serving elementary aged children in Frederick County. APPENDIX I - AREA PLANS Middletown/Lord Fairfax Sewer and Water Service Area Draft September 26, 2012 The Sewer and Water Service Area (SWSA) is an important policy tool used by Frederick County to determine where public water and sewer service may be provided. The Board of Supervisors approves the location of the SWSA boundaries through the adoption of the Comprehensive Plan; the 2030 Comprehensive Plan, and amendments thereto. As a result, properties located within the SWSA may enjoy access to public water and sewer. Middletown/Lord Fairfax SWSA The Middletown/Lord Fairfax SWSA has been established to enable the provision of public water and sewer in the area north of the Town of Middletown to current and future institutional land uses, including Lord Fairfax Community College and the Middletown Elementary School. The supporting map identifies the location of the Middletown/Lord Fairfax SWSA boundary. Future study of the area surrounding the Town of Middletown may identify additional properties that could be added to the Middletown/Lord Fairfax SWSA, if deemed appropriate by the Board of Supervisors. The Frederick County Sanitation Authority (FCSA) has the primary responsibility to manage the provision of water and sewer in Frederick County, and therefore, within the SWSA. In some cases, other public entities may serve properties within Frederick County, if approved by the Board of Supervisors. Lord Fairfax Community College currently obtains water from the City of Winchester, and the Town of Middletown receives their wastewater. The FCSA has expressed that, at this time, they have no desire to serve this area of Frederick County. However, nothing would preclude the FCSA from serving this area in the future if it is deemed necessary and appropriate. The approval of this plan by the Board of Supervisors would allow the City of Winchester and the Town of Middletown to continue to serve the properties with water and sewer, respectively. It is recognized that properties owned by the State of Virginia are preempted from local control by Frederick County. Frederick County and Lord Fairfax Community College will continue to work collaboratively on issues related to the growth and development in this area of Frederick County. Frederick County uses the 2030 Comprehensive Plan to guide the future land uses. The Town of Middletown’s Foresight Middletown plan, which was Land Use APPENDIX I - AREA PLANS Middletown/Lord Fairfax Sewer and Water Service Area Draft September 26, 2012 adopted into the Town’s Comprehensive Plan in 2005, guides the future land uses within the Town and was considered when drafting this plan. The area encompassed by the Middletown/Lord Fairfax SWSA is envisioned to promote the continued growth of institutional land uses that enhance the existing educational institutions; Lord Fairfax Community College and the Middletown Elementary School. To that end, the plan calls for the establishment of approximately 140 acres of institutional land use that will serve the citizens of Frederick County and the broader region. Institutional land uses are defined as a nonprofit or quasi-public use or institution, such as a church, library, public or private school, hospital or municipally owned or operated building, structure or land used for public purposes. Institutions of higher education are defined as an educational institution whose primary purpose is to provide a collegiate or graduate education. The Middletown/Lord Fairfax SWSA is immediately north of the Town of Middletown and is bounded by Route 11, Valley Pike, to the west, and Interstate 81 to the east. Access to the area is via Route 11, Valley Pike. Route 11, Interstate 81, and Exit 302, are strong assets to the areas’ transportation network, and to the success of the institutional uses envisioned for this area. It will be important to ensure the function of this transportation network. Transportation In rapidly growing areas, as noted in the Foresight Middletown plan, controlling and coordinating the number, design and location of new access points to major roadways is critical to maintaining the safety and capacity of the road system as traffic volumes increase. Accordingly, access to Valley Pike, Route 11, should be managed and limited. In the future, internal connections within the institutional land uses should be considered. In addition, the primary route to this area from Interstate 81 should be enhanced to safely and effectively manage the traffic and to reflect the Foresight Middletown plan as a means to create an attractive entrance to the Town and this developing area. Consistent application of Comprehensive Plan goals to achieve an acceptable level of service on area roads and overall transportation network, level of service C or better, should be promoted. Further, efforts should be made to ensure that additional degradation of the transportation beyond an acceptable level of service shall be avoided. Consideration of future development applications within the study area should only occur when an acceptable level of service has been achieved and key elements and connections identified in this plan have been provided. 0111 §¨¦81 §¨¦81 STT-627 STT-627 ST842 LARR I C K LN CARO L Y N AVE MAIN S T C O U G I L L R D M U S T A N G L N R E L I A N C E R D VALL E Y PIKE N BU C K T O N R D Proposed SWSA Boundary Applications Parcels Building Footprints B1 (Business, Neighborhood District) B2 (Business, General Distrist) B3 (Business, Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) M1 (Industrial, Light 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 Area District) RP (Residential Performance District) I Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: September 18, 2012Staff: mruddy Middletown VALL E Y P I K E C O U G I L L R D MINERA L S T N BU C K T O N R D 0111 MAIN S T CPPA LFCC FoundationPINs:91 - A - 99, 91 - A - 99B CPPA LFCC FoundationPINs:91 - A - 99, 91 - A - 99B 0 925 1,850462.5 Feet 19.24 Ac. 101.2 Ac. 15.26 Ac. 100.91 Ac. 17.41 Ac. 33.57 Ac. 22.41 Ac. 2.22 Ac. 0.98 Ac. 0.56 Ac. 0111 §¨¦81 §¨¦81 ST627 ST627 ST625 STT-627 ST627 ST627 ST627 STT-627 ST842 ST842 FIF T H S T I81,WEIGH STATION LOSTPOND C T MA S S A N U T T E N DR ARLENE CT SEC O N D S T THIR D S T CAROLYNAVESENS E N E Y AVE PLE A S A N T VIE W A V E CHUR C H S T M A R K D R FO U R T H S T QUINC E Y MILL CT HAZEL MILL L N RILEY M I L L L N WAYSI D E MILL L N FI R S T S T SH A W N D R RIEN Z I K N O L L L N MU S T A N G L N R E L I A N C E R D LARR I C K L N ME A D O W T R A C E L N CO U G I L L R D MAIN S T CON F I D E N C E L N MINER A L S T S BUC K T O N R D VALL E Y PIKE HUTT L E R D N BU C K T O N R D Proposed SWSA Boundary Proposed SWSA Study Area Applications Parcels Building Footprints B1 (Business, Neighborhood District) B2 (Business, General Distrist) B3 (Business, Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) M1 (Industrial, Light 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 Area District) RP (Residential Performance District) I Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: September 18, 2012Staff: mruddy Middletown VALL E Y P I K E C O U G I L L R D MINERA L S T N BU C K T O N R D 0111 MAIN S T CPPA LFCC FoundationPINs:91 - A - 99, 91 - A - 99B CPPA LFCC FoundationPINs:91 - A - 99, 91 - A - 99B 0 1,600 3,200800 Feet 19.24 Ac. 101.2 Ac. 15.26 Ac. 100.91 Ac. 17.41 Ac. 33.57 Ac. 22.41 Ac. 2.22 Ac.0.98 Ac. 0.56 Ac. 0111 §¨¦81 §¨¦81 STT-627 STT-627 ST842 L A R R I C K L N C A R O L Y N A V E M A I N S T C OUGILL RD M U STA N G L N R E L I A N C E R D V A L L E Y P I K E N B U C K T O N R DProposed SWSA Boundar y Applications Parcels Building Footprint s B1 (Business, Neighborhood District) B2 (Business, General Distrist) B3 (Business, Indust rial Transition District) EM (Extractive Manufacturing District) HE (Higher Educat ion District) M1 (Industrial, Light 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 A rea Dist rict) RP (Residential Performance District) I Note:Frederick County D ept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map C reated: September 18, 2012Staff: mruddy Middletown V A L L E Y P I K E C O U GILL R D M I N E R A L S T N B U C K T O N R D 0111 M A I N S T C P P A LF C C Fo u n d a t io nPINs:91 - A - 99, 91 - A - 99B CPPA LFCC FoundationPINs:91 - A - 99, 91 - A - 99B 0 925 1,850462.5 Feet 19.24 Ac. 101.2 Ac. 15.26 Ac. 100.91 Ac. 17.41 Ac. 33.57 Ac. 22.41 Ac. 2.22 Ac. 0.98 Ac. 0.56 Ac. 0111 §¨¦81 §¨¦81 ST627 ST627 ST625 STT-627 ST627 ST627 ST627 STT-627 ST842 ST842 FIF T H S T I81,WEIGH STATION LOSTPOND C T MA S S A N U T T E N DR ARLENE CT SEC O N D S T THIR D S T CAROLYNAVESENS E N E Y AVE PLE A S A N T VIE W A V E CHUR C H S T M A R K D R FO U R T H S T QUINC E Y MILL CT HAZEL MILL L N RILEY M I L L L N WAYSI D E MILL L N FI R S T S T SH A W N D R RIEN Z I K N O L L L N MU S T A N G L N R E L I A N C E R D LARR I C K L N ME A D O W T R A C E L N CO U G I L L R D MAIN S T CON F I D E N C E L N MINER A L S T S BUC K T O N R D VALL E Y PIKE HUTT L E R D N BU C K T O N R D Proposed SWSA Boundary Proposed SWSA Study Area Applications Parcels B1 (Business, Neighborhood District) B2 (Business, General Distrist) B3 (Business, Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) M1 (Industrial, Light 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 Area District) RP (Residential Performance District) I Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: September 18, 2012Staff: mruddy Middletown VALL E Y P I K E C O U G I L L R D MINERA L S T N BU C K T O N R D 0111 MAIN S T CPPA LFCC FoundationPINs:91 - A - 99, 91 - A - 99B CPPA LFCC FoundationPINs:91 - A - 99, 91 - A - 99B 0 1,600 3,200800 Feet 19.24 Ac. 101.2 Ac. 15.26 Ac. 100.91 Ac. 17.41 Ac. 33.57 Ac. 22.41 Ac. 2.22 Ac.0.98 Ac. 0.56 Ac. 0111 §¨¦81 §¨¦81 STT-627 STT-627 ST842 LARR I C K LN CARO L Y N AVE MAIN S T C O U G I L L R D M U S T A N G L N R E L I A N C E R D VALL E Y PIKE N BU C K T O N R D Proposed SWSA Boundary Applications Parcels B1 (Business, Neighborhood District) B2 (Business, General Distrist) B3 (Business, Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) M1 (Industrial, Light 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 Area District) RP (Residential Performance District) I Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: September 18, 2012Staff: mruddy Middletown VALL E Y P I K E C O U G I L L R D MINERA L S T N BU C K T O N R D 0111 MAIN S T CPPA LFCC FoundationPINs:91 - A - 99, 91 - A - 99B CPPA LFCC FoundationPINs:91 - A - 99, 91 - A - 99B 0 925 1,850462.5 Feet 19.24 Ac. 101.2 Ac. 15.26 Ac. 100.91 Ac. 17.41 Ac. 33.57 Ac. 22.41 Ac. 2.22 Ac.0.98 Ac. 0.56 Ac.