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PC 08-15-18 Meeting Agenda AGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia August 15, 2018 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) June 6, 2018 and June 20, 2018 Meeting Minutes ........................................................... (A) 3) Committee Reports .................................................................................................. (no tab) 4) Citizen Comments ................................................................................................... (no tab) PUBLIC HEARING 5) Rezoning #02-18 for St. Paul on the Hill, submitted by Greenway Engineering, Inc., to rezone 4.971+/- acres from the RP (Residential Performance) District to the RP (Residential Performance) with proffers. The property is located at 1527 Senseny Road in the Red Bud Magisterial District and is identified by Property Identification number 54-A-128. Ms. Perkins ...................................................................................................................... (B) 6) CPPA #01-18 St. Paul on the Hill - Land Use Designation Amendment Request. – Non- Public Hearing Action Item - This is a request to change the land use designation for one parcel of land that totals 4.971 acres. The Property is identified by Property Identification Number 54-A-128 and is located at 1527 Senseny Road in the Red Bud Magisterial District. The Property is located within the Sewer and Water Service Area (SWSA) and the Urban Development Area (UDA). The Property is currently designated in the Senseny/Eastern Frederick Urban Area Plan of the 2035 Comprehensive Plan for institutional land use with environmental resources. The Applicant is requesting to change the current Institutional designation to Urban Center. Ms. Perkins ...................................................................................................................... (C) 7) Conditional Use Permit #13-96 (Hogue Creek Country Market) for Winchester 101 LLC – Revocation. This Conditional Use Permit is proposed to be revoked due to violations of conditions 4 and 7 from Conditional Use Permit #13-96 which pertains to buffers, lighting pollution, noise, debris and hours of operation. The property is located at 4780 Northwestern Pike, Winchester, Virginia and is identified with Property Identification Number 40-A-66D in the Gainesboro Magisterial District in the RA (Rural Areas) Zoning District. Mr. Cheran ....................................................................................................................... (D) -2- ACTION ITEM 8) Conditional Use Permit #08-18 for Trailer Drop, LLC – submitted by GreyWolfe, Inc., for a tractor truck and tractor truck trailer parking use as a Conditional Use in the M1 (Light Industrial) District. The property is in Stonewall Industrial Park at the end of McGhee Road (Route 861), Winchester, Virginia and is identified with Property Identification Number 43- 19-64 in the Stonewall Magisterial District. Mr. Cheran ....................................................................................................................... (E) Other Adjourn Commonly Used Planning Agenda Terms Meeting format Citizen Comments – The portion of the meeting agenda offering an opportunity for the public to provide comment to the Planning Commission on any items not scheduled as public hearing items. Public Hearing– A specific type of agenda item, required by State law, which incorporates public comment as a part of that item prior to Planning Commission or Board of Supervisors action. Public hearings are held for items such as: Comprehensive Plan policies and amendments; Zoning and Subdivision Ordinance amendments; and Rezoning and Conditional Use Permit applications. Following the Public Hearing, the Planning Commission will take action on the item (see below). Action Item–There are both public hearing and non-public hearing items on which the Planning Commission takes action. Depending on the actual item, the Planning Commission may approve, deny, table, or forward a recommendation to the Board of Supervisors regarding the agenda item. No public comment is accepted during the Action Item portion of the agenda. Information/Discussion Item– The portion of the meeting agenda where items are presented to the Planning Commission for information and discussion. The Planning Commission may offer comments and suggestions, but does not take action on the agenda item. No public comment is accepted during the Information/Discussion Item portion of the agenda. Planning Terminology Urban Development Area or UDA – The UDA is the county’s urban growth boundary identified in the Comprehensive Plan in which more intensive forms of residential development will occur. The UDA is an area of the county where community facilities and public services are more readily available and are provided more economically. Sewer and Water Service Area or SWSA – The SWSA is the boundary identified in the Comprehensive Plan in which public water and sewer is or can be provided. The SWSA is consistent with the UDA in many locations; however the SWSA may extend beyond the UDA to promote commercial, industrial, and institutional land uses in area where residential land uses are not desirable. Land Use – Land Use is the nomenclature which refers to the type of activity which may occur on an area of land. Common land use categories include: agricultural, residential, commercial, and industrial. Zoning District - Zoning district refers to a specific geographic area that is subject to land use standards. Frederick County designates these areas, and establishes policies and ordinances over types of land uses, density, and lot requirements in each zone. Zoning is the main planning tool of local government to manage the future development of a community, protect neighborhoods, concentrate retail business and industry, and channel traffic. Rezoning – Rezoning is the process by which a property owner seeks to implement or modify the permitted land use activities on their land. A rezoning changes the permitted land use activities within the categories listed above under Land Use. Conditional Use Permit or CUP - A CUP allows special land uses which may be desirable, but are not always appropriate based on a location and surrounding land uses. The CUP requested use, which is not allowed as a matter of right within a zoning district, is considered through a public hearing process and usually contains conditions to minimize any impacts on surrounding properties. Ordinance Amendment – The process by which the County Code is revised. Often the revisions are the result of a citizen request with substantial justification supporting the change. Amendments ultimately proceed through a public hearing prior to the PC forwarding a recommendation to the Board of Supervisors. County Bodies Involved Board of Supervisors or BOS - Frederick County is governed by an elected Board of Supervisors composed of seven members, one from each magisterial district, and one chairman-at-large. The Board of Supervisors is the policy-making body of the county. Functions of the Board of Supervisors related to planning include making land use decisions, and establishing growth and development policies. Planning Commission or PC - The PC is composed of 13 members, two from each magisterial districts and one at-large, appointed by the Board of Supervisors. The Planning Commission serves in an advisory capacity to the Board of Supervisors which then takes final action on all planning, zoning, and land use matters. Comprehensive Plans and Programs Committee or CPPC – The CPPC is a major committee of the PC whose primary responsibility is to formulate land use policies that shape the location and timing of development throughout the County. Included in the work are studies of specific areas to develop guidelines for future land use within those areas. The CPPC also considers requests for amendments to the Comprehensive Plan. Decisions by CPPC are then forwarded to the PC for consideration. Development Review and Regulations Committee or DRRC – The DRRC is the second major committee of the PC whose primary responsibilities involve the implementation of the Comprehensive Plan in the form of Zoning and Subdivision ordinance requirements. Requests to amend the ordinances to the DRRC are made by the Board of Supervisors, Planning Commission, local citizens, businesses, or organizations. DRRC decisions are also forwarded to the PC for consideration. A Frederick County Planning Commission Page 3546 Minutes of June 6, 2018 MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on June 6, 2018. PRESENT: Kevin Kenney, Chairman; Roger L. Thomas, Vice Chairman/Opequon District; Gary R. Oates, Stonewall District; William H. Cline, Stonewall District; J. Rhodes Marston, Back Creek District; Lawrence R. Ambrogi, Shawnee District; Charles E. Triplett, Gainesboro District; June M. Wilmot, Member at Large; Kathleen Dawson, Red Bud District; Roderick B. Williams, County Attorney. ABSENT: Robert S. Molden, Opequon District; Greg L. Unger, Back Creek District; H. Paige Manuel, Shawnee District; Christopher M. Mohn, Red Bud District. STAFF PRESENT: Michael T. Ruddy, Director; Candice E. Perkins, Assistant Director; John A. Bishop, Assistant Director Transportation; Mark A. Cheran, Zoning and Subdivision Administrator; M. Tyler Klein, Planner; Shannon L. Conner, Administrative Assistant. CALL TO ORDER Chairman Kenney called the June 6, 2018 meeting of the Frederick County Planning Commission to order at 7:00 p.m. Chairman Kenney commenced the meeting by inviting everyone to join in a moment of silence. ADOPTION OF AGENDA Upon motion made by Commissioner Oates and seconded by Commissioner Thomas, the Planning Commission unanimously adopted the agenda for this evening’s meeting. MINUTES Upon motion made by Commissioner Oates and seconded by Commissioner Thomas, the Planning Commission unanimously adopted the minutes from the April 4, 2018 meeting. ------------- Frederick County Planning Commission Page 3547 Minutes of June 6, 2018 COMMITTEE REPORTS Transportation Committee – Mtg. 05/21/18 Commissioner Oates reported the Committee discussed the Perry Road Speed Study; VDOT will be conducting this. He continued, also discussed was the Old Charlestown Road Bridge; VDOT is considering putting in flood gates. Mr. Oates concluded the Committee discussed and moved forward the Interstate, Primary, and Secondary Road Plan Updates. Frederick Water – Mtg. 05/15/18 Commissioner Oates reported the Frederick Water Board adopted an increase to the water and sewer base rates; the base rate change will result in an increase of $11 to the average residential customer’s bimonthly bill; the base rate increase is attributed to the increased wastewater treatment costs charged by the Frederick-Winchester Service Authority, and the continuation of the Town of Stephens City to not pay for water and sewer service and the town’s unpaid balance is over $7.7 million. Mr. Oates continued, the Frederick Water Board adopted the FY2019-28 budget which reflects the significant capital expenditure associated with the Opequon Water Supply Plan’s new water treatment plant. Mr. Oates shared the Frederick Water Board authorized the execution of an agreement that will facilitate the construction of the Stephenson Interceptor; this new sanitary sewer line will create economic development opportunities for the Route 11 North corridor, including the Graystone Business Park and the southern portion of Snowden Bridge. Commissioner Oates presented the April 2018 operations report: • Customer base is over 15,700 connections • Monthly water use averaged 5.73 MGD • Diehl’s north quarry continues to maintain its water level at 651 ft • Anderson’s quarry level held steady at a level of 586 ft • Rainfall for April was 3.28 inches, slightly above the annual monthly average Development Review and Regulations Committee – Mtg. 05/24/18 Chairman Kenney reported the Committee discussed the following items: • Updates from past DRRC discussions including the pending solar farms text amendment which is still under discussion by the Board of Supervisors and a request by the Board to revoke the residential separation buffers text amendment • Discussion of a proposed text amendment to allow mini self-storage facilities in the RA (Rural Areas) zoning district as a conditional use; this will move forward to the Planning Commission at a later date • Discussion of a proposed text amendment to regulate shipping containers as accessory storage in certain zoning districts; the DRRC directed Staff to make additional changes in response to the Board of Supervisors discussion on May 9 th and this will come back to the DRRC for consideration on June 28th. Frederick County Planning Commission Page 3548 Minutes of June 6, 2018 City of Winchester Commissioner Pifer, Winchester City Planning Commission Liaison, reported the Commission will be having a retreat Saturday June 9th. He continued a work session was held; a site plan was approved, and a discussion held on modular classrooms at John Kerr school. Other Commissioner Wilmot shared with the Planning Commission she had toured the Opequon Site and the James Anderson site for Frederick Water and the new water intake at Opequon Creek. She noted the buildings are moving forward at the Opequon site. Ms. Wilmot commented both locations are very impressive. ------------ CITIZEN COMMENTS Chairman Kenney called for citizen comments on any subject not currently on the Planning Commission’s agenda or any item that is solely a discussion item for the Commission. No one came forward to speak and Chairman Kenney closed the citizen comments portion of the meeting. ------------- PUBLIC HEARING Rezoning #01-18 for Stonewall IV, submitted by Walsh Colucci Lubeley & Walsh, to rezone 88.91+/- acres from the RA (Rural Areas) District to the M1 (Light Industrial) District with proffers. The properties are located at the southern terminus of Lenior Drive (Route 732) and are identified by Property Identification Numbers 43-A-21, 43-1-21B, 43-19-4, and 43-A-24. Action – Postponed for 45 days Commissioner Oates would abstain from all discussion on this item for a possible conflict of interest. Candice E. Perkins, Assistant Director, reported this is a request to rezone 88.91 acres of land to the M1 (Light Industrial) District with proffers. She continued the properties are located at the southern terminus of Lenior Drive (Route 732). Ms. Perkins presented a locations map of the property and explained, the site is located within the limits of the Northeast Land Use Plan of the 2035 comprehensive Plan: depicts the subject properties with an industrial l and use designation; the proposed M1 Zoning is generally consistent with the Northeast Land Use Plan as it relates to this area. She noted the properties are located within the limits of the Sewer and Water Service Area (SWSA). Frederick County Planning Commission Page 3549 Minutes of June 6, 2018 Ms. Perkins presented the proffers associated with this rezoning request: 1. Limited to 820,000 gross square feet and solely used for warehousing or high cube transload and short-term storage. 2. Conformance with the GDP 3. Maximum height – 60’ 4. Dedication of the Route 37 ROW 5. $0.10 per gross sf for Fire & Rescue 6. Historic American Building Survey (HABS) – standard level III as defined by the National Park Service Heritage Documentation Program on the residential building and its associated architectural buildings on the property. 7. Inspection prior to demolition the non-heated areas of the residential building for the presence of partially hidden or obstructed historic artifacts or material. Ms. Perkins shared the revised proffer that was presented to Staff today 6/6/18: Access to the Property shall be as shown on the GDP, provided that access to the buildable area of the Property is not impeded or eliminated, the Applicant shall not place above grade improvements on the southeast corner of the Property near the terminus of Lenoir Drive in such a way as to preclude the construction of proposed slip ramps that are currently depicted on the graphics entitled “Eastern Road Plan – Lenior Drive Slip Ramp Clarification,” created by the Frederick County Department of Planning and Development, dated October 17, 2017, and attached hereto for reference. The southeast corner of the Property is subject to existing easements and/or covenants of record, as of June 6, 2018 Mr. John Foote of Walsh Colucci Lubeley & Walsh PC, representing the Applicant came forward. He presented diagrams that showed the slip ramp. Mr. Foote noted the entrance to the property was adjusted after discussion with Staff regarding the slip ramps. Mr. Foote provided an aerial map of the property and the surrounding area. He presented an overview of the property and its owners. Mr. Foote shared a summary of the proposed warehousing and the traffic this will generate. Mr. Foote presented the ramp design and noted the right-of-way for this design for the Route 37 bypass will be dedicated to the county at no cost when written request from the County is received. Mr. Foote mentioned in regard to the Historic Resources review, that is consistent with a specific recommendation made by the HRAB with which the Applicant is in concurrence. He concluded, the Applicant is seeking a favorable recommendation to let Stonewall IV construct 820,000 SF of low impact warehouse in an industrial area planned for that purpose that is an extension of an industrial park in which it already has three buildings that have been constructed over the last several years and would like to do more. Chairman Kenney requested clarification, there is no access to Route 37 from this property. Mr. Foote noted that is correct. Frederick County Planning Commission Page 3550 Minutes of June 6, 2018 Chairman Kenney called for anyone who wished to speak regarding this Public Hearing to come forward at this time. Mr. Doug Toan came forward and commented he is a local contractor, builder, and owner of several buildings in the Stonewall Industrial Park. He noted he is not against this rezoning and feels Frederick County needs more M1 zoned properties. Mr. Toan continued, traffic in this area has been and continues to be a huge problem because it all has to come out in one area. He noted the expansion of lanes by VDOT has helped however, it is not a permanent fix; there is the need for at a minimum, an additional exit that would connect Lenior Drive to the southbound lane of Route 37. Mr. Toan continued, there is a concern for fire and safety issues. He strongly recommends another point of access in and out of Stonewall Industrial Park. Mr. Ken Rice, Executive Vice President and Chief Operating Office of H.N. Funkhouser & Co. came forward. He noted H.N. Funkhouser owns and operates the Exxon on the corner of Welltown Road and Martinsburg Pike. Mr. Rice continued, traffic needs to be addressed before another warehouse can operate; it is a safety hazard and will impede other businesses. Mr. Rice concluded, he is not opposed to development however, he would like to suggest the possibility of an exit only to Route 37. No one else came forward to speak and Chairman Kenney closed the public comment portion of the hearing. Commissioner Thomas inquired regarding VDOT’s comments, he did not read where VDOT has sensitivity to the traffic problems being brought forth, is there a study taking place that could alleviate the issue. Mr. John Bishop, Assistant Director Transportation, explained there is ongoing work; the traffic study was done and there was not a lot for VDOT to grasp, it was a TIA that was not required under Chapter 527 however, the County required it because of not being comfortable bri nging this rezoning forward without even looking at the traffic. He continued, the slip ramp has been on the Comprehensive Plan for some time; during the last round of SmartScale the Transportation Committee was reviewing this vigorously however, updates to the SmartScale requirements hindered this in the terms of a specific study that was now required; since that time this has been put into place through the MPO specifically an interchange justification report. Chairman Kenney commented given the history of SmartScale often being very lengthy and subjective he asked Mr. Bishop for some clarification on SmartScale. Mr. Bishop explained, SmartScale is still fairly new; we are currently in our 3 rd round of applications; it’s an attempt to remove politics from the Transportation funding within the state. He continued, it does take a much more extensive look at each project you are trying to apply for and its justification as well as it is extremely competitive. Mr. Bishop concluded it is meant to be a very technical process. Commissioner Marston asked is the SmartScale application a very lengthy process. Mr. Bishop replied yes, for example; the applications being submitted August 1, 2018 have been in process since last summer; the next cycle of applications will start being prepared immediately after submission of these. Upon motion made by Commissioner Cline and seconded by Commissioner Triplett BE IT RESOLVED, the Frederick County Planning Commission does hereby recommend postponement for 45 days of Rezoning #01-18 for Stonewall IV, submitted by Walsh Colucci Lubeley & Walsh, to rezone 88.91+/- acres from the RA (Rural Areas) District to the M1 (Light Industrial) District with proffers. The properties are located at the southern terminus of Lenior Drive (Route 732) and are identified by Property Identification Numbers 43-A-21, 43-1-21B, 43-19-4, and 43-A-24. Frederick County Planning Commission Page 3551 Minutes of June 6, 2018 Yes: Marston, Ambrogi, Cline, Kenney, Triplett, Wilmot No: Dawson, Thomas (Note: Commissioners Mohn, Manuel, Molden, and Unger were absent from the meeting.) Conditional Use Permit #07-18 for Winchester 101 LLC., for a revision to the conditions of Conditional Use Permit #13-96 submitted to change the hours of operation. The property is located at 4780 Northwestern Pike, Winchester, Virginia and is identified with Property Identification Number 40-A-66D in the Gainesboro Magisterial District in the RA (Rural Areas) Zoning District. Action – Recommend Denial Mark A. Cheran, Zoning and Subdivision Administrator, reported this is a revision to the conditions of Conditional Use Permit #13-96 submitted to change the hours of operation. He continued, the property is zoned RA (Rural Areas) and the current land use is Country Gene ral Store (CUP #13-96). Mr. Cheran presented a locations map of the property. He explained, CUP #13-96 was approved by the Board of Supervisors on December 11, 1996. Mr. Cheran continued, one of the conditions of CUP #13- 96 is the hours of operation being 5:00 a.m. to midnight; the Applicant is requesting to amend this condition, changing the hours of operation to being open 24 hours. Mr. Cheran noted, the only change in the conditions would be changing the hours (condition #7, hours of operation). Mr. Vicci Prea, General Manager of Winchester 101, LLC came forward and explained this location is a last stop for some heading towards West Virginia. He commented staying open 24 hours would improve the safety of the store and provide a service that customers have requested. Commissioner Oates disagreed that staying open 24 hours would improve safety issues. Commissioner Triplett inquired how many employees would be working during the extended hours. Mr. Prea explained three employees will work until 11:00 p.m. and two employees will work until the morning. Chairman Kenney inquired what types of trucks come by the store in the middle of the night, and if they are refueling trucks. Mr. Prea stated refueling trucks typically come around 4:00 a.m. Chairman Kenney called for anyone who wished to speak regarding this Public Hearing to come forward at this time. Mrs. Brenda Newcome who lives across from the store spoke in opposition of extending the store hours. She explained the lights are too bright i n the middle of the night and there are a lot of trucks going into the store at night causing a tremendous amount of noise. She concluded, she does not want to see this store become a truck stop and feels the extended hours are not necessary. Mr. William Shevokas, a nearby property owner commented this store from the inception has been the cause of destruction of peace and tranquility in the neighborhood. He continued, traffic is horrendous; the gas station is a magnet for big trucks and motorcycles; noise is a problem during the day and night. Mr. Shevokas concluded the store has been robbed before and he fears for the safety of surrounding neighbors. Frederick County Planning Commission Page 3552 Minutes of June 6, 2018 Mr. Mark Stivers of Gainesboro spoke in opposition of the amended hours. He noted, the light pollution from the store is astounding and feels there should not be 24 hours of operation granted. Mr. Edward Menefee, owner of the adjoining property came forward. He shared his concerns: there is no storm water management in place, run off goes to his pro perty; the traffic and noise are a problem; the buffer on the original site plan has not been maintained, trash continuously blows on his property. He requested this application be denied. Mr. James Bucher came forward and commented he lived in the house next to the store and feels the store should stay open 24 hours. Mrs. Catherine Bucher once resided beside the store and commented she agrees with both sides of this situation. Mrs. Barbara Menefee the adjoining property owner emphasized her lot and the store lot are part of Devland Estates; noise is an issue for this neighborhood. She commented this is not an essential service to the community; the conditions are very minimal; and this is no longer a “country store”. She requested this application be denied. No one else came forward to speak and Chairman Kenney closed the public comment portion of the hearing. Commissioner Thomas inquired is this store grandfathered. Mr. Cheran explained the CUP in 1996 was for an expansion. Commissioner Thomas commented it appears the current store is in violation of two conditions: one for buffers, trash, lighting; and the second for the hours of operations. Mr. Cheran explained with the site plan submitted in 1996 there is a fence on the east side and stor m water management was approved at that time. He noted the Applicant has been cited for violating the hours of operation. Commissioner Triplett inquired how many times the present owner had been cited for violating conditions of the CUP. Mr. Cheran noted the current owners have been citied once for violating the hours of operation. Commissioner Oates shared he is not in favor of extending the hours of operation; the need to pull CUP’s violating conditions should be addressed. Chairman Kenney commented that CUP’s convey with the property however, violations convey to the owner. Mr. Cheran noted that is correct. Upon motion made by Commissioner Triplett and seconded by Commissioner Oates BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend denial of Conditional Use Permit #07-18 for Winchester 101 LLC., for a revision to the conditions of Conditional Use Permit #13-96 submitted to change the hours of operation. The property is located at 4780 Northwestern Pike, Winchester, Virginia and is identified with Property Identification Number 40- A-66D in the Gainesboro Magisterial District in the RA (Rural Areas) Zoning District. (Note: Commissioners Mohn, Manuel, Molden, and Unger were absent from the meeting.) Frederick County Planning Commission Page 3553 Minutes of June 6, 2018 Draft Update of the 2018-2019 Frederick County Interstate, Primary, and Secondary Road Improvement Plans – The Intestate, Primary and Secondary Road Improvement Plans establish priorities for improvements to the Interstate, Primary, and Secondary road networks within Frederick County. Comments from the Transportation Committee will be forwarded to the Planning Commission and Board of Supervisors. Ultimately, the priorities adopted by the Board of Supervisors will be forwarded to the Commonwealth Transportation Board for consideration. Action – Recommend Approval John A. Bishop, Assistant Director Transportation, presented an overview of this item to consider the update of the 2018 – 2019 Interstate, Primary, and Secondary Road Improvement Plans. Mr. Bishop noted updates to the priorities which are being recommended are for the reasons of consistency between the plans and for continuity and support of the Board’s SmartScale applications. Interstate Plan Updates are as follows: • Change letter priorities to number priorities to be consistent with Primary Plan. • Update of priorities to place Exit 3133 at Number 1 and Exit 317 at Number 2. • Update language for Exit 307 to acknowledge the need to improve the existing facility ahead of the long-term goal of relocation. Primary Plan Updates are as follows: • Move Route 11 ahead of Route 277 on the priority list due to the fact that the section of highest need on Route 277 is funded and moving toward construction and the growing needs on Route 11 which have resulted in SmartScale applications. • Route 277 broken up into segments of logical termini in recognition of the fact that future applications for this roadway would likely need to be for smaller segments. • Addition of Route 522 intersection with Costello Drive in recognition and support of the SmartScale application on that facility. Secondary Plan Updates are as follows: • Sulphur Springs Road is going to bid • 8 projects added to the paving list • 3 projects added to the unscheduled list Mr. Bishop concluded the Transportation Committee reviewed this item on May 21, 2018 and has recommended approval. Chairman Kenney called for anyone who wished to speak regarding this Public Hearing to come forward at this time. No one came forward to speak and Chairman Kenney closed the public comment portion of the hearing. Upon motion made by Commissioner Triplett and seconded by Commissioner Ambrogi Frederick County Planning Commission Page 3554 Minutes of June 6, 2018 BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend approval of the Draft Update of the 2018-2019 Frederick County Interstate, Primary and Secondary Road Improvement Plans. (Note: Commissioners Mohn, Manuel, Molden, and Unger were absent from the meeting.) Ordinance Amendment to the Frederick County Code – Chapter 165 Zoning, ARTICLE II SUPPLEMENTARY USE REGULATIONS; PARKING; BUFFERS; AND REGULATIONS FOR SPECIFIC USES, Buffers and Landscaping §165-203.02 Buffer and Screening requirements; ARTICLE XI BUFFER AND SCREENING DIAGRAMS, Part 1101 – Diagrams §165-1101.01 Buffer and screening. Revision to the Frederick County Zoning Ordinance to modify requirements for residential separation buffers in the RP (Residential Performance) Zoning District. Action – Recommend Denial M. Tyler Klein, Planner, reported this is a proposed amendment to Chapter 165 – Zoning Ordinance, to modify the requirements for residential separation buffers for certain housing types in the RP (Residential Performance) Zoning District. He explained, residential separation buffers are required to adequately buffer different housing types from dissimilar housing types within adjacent separate developments. Mr. Klein continued, the Board of Supervisors previously approved an amendment to the residential separation buffers requirements on December 13, 2017. He noted, the approved amendment changed the required buffer between townhome units and SFD units, and between townhome units and SF small lot units from a Category B Type Buffer to a Category A Type Buffer. Mr. Klein presented a visual of the buffer types. Mr. Klein reported, at their May 9, 2018 meeting, the Board of Supervisors expr essed concern regarding the “unintended consequences’ of providing relief in the buffer requirements for certain housing types as a result of the approved text amendment. He noted, specifically the Board of Supervisors cited concerns on increasing the intensity of development and the potential impact on County services. Mr. Klein shared the Board of Supervisors directed Staff to initiate the process to reinstate the required Category B Type Buffer between townhome units and SFD, and between townhome units and SF small lot units. He noted the amendment would effectively double the required buffer distance for certain housing types, back to the original requirements. Commissioner Thomas expressed concern with changing the buffer categories without a clear understanding of the issue as expressed by the Board of Supervisors . He specifically noted the concern raised by the Board regarding increasing the amount of homes that could potentially be sited on a lot and the desire of the County to ensure development was focused within the areas where growth was planned. Mr. Klein clarified the density of the RP zoned site, or 10 dwelling units per acre, was not affected by the change in the buffer requirements however, in changing the required buffer distances it may allow for the use of areas previously encumbered by buffers and therefore the reduced buffer could allow for a developer to achieve more units. Commissioner Thomas noted that possibly the issue wasn’t due to the buffers, but the overall density allowed in the RP Zoning District. Mr. Klein restated the issue for consideration at the public hearing was specific residential separation buffers, but they would communicate these comments regarding density to the Board of Supervisors for future consideration. Chairman Kenney called for anyone who wished to speak regarding this Public Hearing to come forward at this time. Frederick County Planning Commission Page 3555 Minutes of June 6, 2018 Mr. William Aikens of H & W Construction and representing Top of Virginia Builders came forward speaking in opposition of the proposed amendment. He stressed that at the time of the original text amendment there was support from the development community to allow for flexibility, direct growth to planned areas as well as for use on lots where size and configuration was limited. Mr. Aikens noted this would allow for infill type development where County services were located and prevent development of residential uses in the County’s Rural Areas. Mr. Jeremy Tweedie of Greenway Engineering came forward and echoed the concerns of Mr. Aikens. He noted he has made financial investments on two projects currently under review by the County and the design was based on previously approved buffer requirements and where the new text amendment would have a negative impact on this project. Mr. Stephen Pettler a local attorney came forward and emphasized the deliberate process to originally study and amend the buffer requirements in 2017 and the less thoughtful and haphazard process to revoke the text amendment which did not provide for enough discussion of potential issues with the development community. He concluded by stating that developers may look to other localities to develop residential projects if the Board choses to change the ordinance back and forth so unpredictably. Mr. Dave Holliday shared his concerns, he feels this is being pushed through inappropriately and it is sacrificing the UDA process, context, and the intent. He concluded this is not good business for Frederick County. No one else came forward to speak and Chairman Kenney closed the public comment portion of the hearing. Commissioner Oates commented the reductions of the buffer requirement, in at least one instance, had a negative effect on a neighboring property owner who now would have to look at townhomes only 25 feet from their property line. He expressed his original concern with changing the buffers in 2017. Chairman Kenney noted the Planning Commission was tasked with considering only the reinstatement of the Category B Type Buffer requirement for certain housing type and that a discussion relating to the county’s density in the RP Zoning District was a discussion for later if directed by the Board of Supervisors. No one else came forward to speak and Chairman Kenney closed the public comment portion of the hearing. Upon motion made by Commissioner Oates and seconded by Commissioner Triplett BE IT RESOLVED, the Frederick County Planning Commission does hereby recommend denial of Ordinance Amendment to the Frederick County Code – Chapter 165 Zoning, ARTICLE II SUPPLEMENTARY USE REGULATIONS; PARKING; BUFFERS; AND REGULATIONS FOR SPECIFIC USES, Buffers and Landscaping §165-203.02 Buffer and Screening requirements; ARTICLE XI BUFFER AND SCREENING DIAGRAMS, Part 1101 – Diagrams §165-1101.01 Buffer and screening. Revision to the Frederick County Zoning Ordinance to modify requirements for residential separation buffers in the RP (Residential Performance) Zoning District. Frederick County Planning Commission Page 3556 Minutes of June 6, 2018 Yes: Marston, Ambrogi, Cline, Oates, Kenney, Triplett No: Thomas, Wilmot, Dawson (Note: Commissioners Mohn, Manuel, Molden, and Unger were absent from the meeting.) ------------- ADJOURNMENT No further business remained to be discussed and a motion was made by Commissioner Oates to adjourn the meeting. This motion was seconded by Commissioner Thomas and unanimously passed. The meeting adjourned at 8:50 p.m. Respectfully submitted, ____________________________ Kevin W. Kenney, Chairman ____________________________ Michael T. Ruddy, Secretary Frederick County Planning Commission Page 3557 Minutes of June 20, 2018 MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on June 20, 2018. PRESENT: Kevin Kenney, Chairman; Roger L. Thomas, Vice Chairman/Opequon District; Robert S. Molden, Opequon District; Gary R. Oates, Stonewall District; William H. Cline, Stonewall District; Greg L. Unger, Back Creek District; Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel, Shawnee District; June M. Wilmot, Member at Large; Christopher M. Mohn, Red Bud District; Kathleen Dawson, Red Bud District; Erin L. Swisshelm, Assistant County Attorney. ABSENT: J. Rhodes Marston, Back Creek District; Charles E. Triplett, Gainesboro District. STAFF PRESENT: Michael T. Ruddy, Director; Candice E. Perkins, Assistant Director; Mark A. Cheran, Zoning and Subdivision Administrator; Shannon L. Conner, Administrative Assistant. CALL TO ORDER Chairman Kenney called the June 20, 2018 meeting of the Frederick County Planning Commission to order at 7:00 p.m. Chairman Kenney commenced the meeting by inviting everyone to join in a moment of silence. ADOPTION OF AGENDA Upon motion made by Commissioner Oates and seconded by Commissioner Cline, the Planning Commission unanimously adopted the agenda for this evening’s meeting. MINUTES Upon motion made by Commissioner Oates and seconded by Commissioner Cline, the Planning Commission unanimously adopted the minutes from the May 2, 2018 meeting. ------------- Frederick County Planning Commission Page 3558 Minutes of June 20, 2018 COMMITTEE REPORTS Frederick Water – Mtg. 06/18/18 Commissioner Unger reported new residential growth in the Lake Frederick Development continues to thrive; in recognition of these additional demands for water, Frederick Water has funded the construction of a composite elevated water storage tank that will strengthen the water pressures and fire flows in the development, protecting existing water and sewer customers while enabling new construction. He continued, Frederick Water has again requested that the developer of Lake Frederick provide to Frederick Water the water tank and water well/treatment plant sites, sites having been depicted on the approved master development plans since 2001 when the project was first planned. Commissioner Unger presented the May 2018 operations report: • Customer base is over 15,700 connections • Monthly water production averaged 5.74 MGD • In Stephens City, Diehl’s North Quarry continues to enjoy the seasonal recharge and benefits from Frederick Water’s efficient water source management. The water elevation increased over 14 feet, to 666.6 ft. The South Quarry realized an elevation increase of over 35 ft, to 659.9 ft. Both quarries are nearly two -thirds full and in excellent shape for the summer high water demand season. • In Clearbrook, Anderson’s quarry level increased to a level of 588.8 ft. City of Winchester Commissioner Wolfe, Winchester City Planning Commission Liaison, reported the commissioner reviewed an ordinance to rezone .12 and the corner of Kent Street and Picadilly Street. Board of Supervisors – Mtg. 06/13/18 Board of Supervisors’ Liaison, Supervisor Shannon Trout reported the Board agreed to postpone REZ #05-17 Carmeuse to the July 25, 2018 meeting. She concluded the Board approved the Interstate, Primary, and Secondary Road Improvement Plans and agreed to keep the Residential Separation Buffers as is. ------------ CITIZEN COMMENTS Chairman Kenney called for citizen comments on any subject not currently on the Planning Commission’s agenda or any item that is solely a discussion item for the Commission. No one came forward to speak and Chairman Kenney closed the citizen comments portion of the meeting. ------------- Frederick County Planning Commission Page 3559 Minutes of June 20, 2018 PUBLIC HEARING Conditional Use Permit #08-18 for Trailer Drop, LLC – submitted by GreyWolfe, Inc., for a tractor truck and tractor truck trailer parking use as a Conditional Use in the M1 (Light Industrial) District. The property is in Stonewall Industrial Park at the end of McGhee Road (Route 861), Winchester, Virginia and is identified with Property Identification Number 43-19-64 in the Stonewall Magisterial District Action – Postponed for 45 days Commissioner Oates would abstain from all discussion on this item for a possible conflict of interest. Mark A. Cheran, Zoning and Subdivision Administrator began by presenting a locations map of the property. He reported this is a request for a Conditional Use Permit (CUP) for a tractor truck and tractor truck trailer parking located within the Stonewall Industrial Park. He noted, this CUP use would not have any significant impacts on the adjoining properties. Mr. Cheran continued, the Zoning Ordinance allows for tractor truck and tractor truck trailer parking use as a conditional use in the M -1 Zoning District with and approved CUP. He noted the Northeast Land Use Plan and the Eastern Road Plan of the Comprehensive Plan depicts future Route 37 on the western boundary of this property. Mr. Cheran presented mapping of the future Route 37 and a drawing provided by the Applicant. He explained, a goal of the area plan and the Eastern Road Plan is the implementation of Route 37. Mr. Cheran continued, the Zoning Ordinance addresses a CUP as a land use action and as with any land use action the goals of the Comprehensive Plan should be implemented. He noted, the application does not provide for the acquisition of the future Route 37 right-of-way. Mr. Cheran presented the conditions recommended by Staff: 1. All review agency comments and requirements must be complied with at all times. 2. The site plan for this property shall be designed to accommodate the future Route 37 ROW. 3. The site shall meet the requirements of the Frederick County Zoning Ordinance Section 165-204.24 tractor truck and truck trailer parking. 4. Any expansion or change of use shall require a new CUP. Commissioner Thomas requested clarification on the mapping that was presented highlighting Route 37 ROW. Michael T. Ruddy, Director, explained the map shows the alignment of Route 37 and its components. Commissioner Thomas inquired if the owner of the property could by-right construct a building on the site. Mr. Cheran stated that is correct. Commissioner Thomas asked what legal probability the County would have by not approving something being built on this property. Mr. Cheran noted the land use plans would have an impact on this. Commissioner Thomas commented, this being a gravel parking lot, there is no permanent implement there that would be in the way of building Route 37; there is no easement on the property therefore, it would increase the amount the County or State would have to pay to get the easement; he asked if that is a fair assessment. Mr. Cheran responded that is a fair assumption. Commissioner Thomas inquired if the easement dedication should possibly be made part of the conditions. Erin L. Swisshelm, Assistant County Attorney, commented it is not recommended the ROW dedication of Route 37 be made part of the conditions for this CUP as it would possibly not survive the legal challenge. Commissioner Thomas noted this is confusing; it is believed it Frederick County Planning Commission Page 3560 Minutes of June 20, 2018 could survive a legal challenge of not allowing the Applicant to build anything on the property but could not survive a challenge of asking the ROW to be dedicated at a future time as part of the conditions. Chairman Kenney commented, we are not following the Comprehensive Plan; when we venture away from that it becomes cumbersome for all. He read “this CUP shall implement the policy expressed in the Comprehensive Plan” and that says a lot. He continued, Condition #2 the word accommodate is a very vague statement. Chairman Kenney continued, after Condition #4, “relative to the Comprehensive Plan Staff notes that the conditions are not otherwise provided for the acquisition of the future Route 37 ROW.” He requested clarification on this. Mr. Ruddy explained, the advice of the County Attorney is to recognize the importance of Route 37 and to recognize there is the opportunity for the ROW to be shown on the site plan and if the Applicant would choose there is the ability for that to be a component of a condition. He continued, the preferable way would be to recognize Route 37 and show that all site improvements are out of the ROW and Condition #2 appears to do that. He concluded, it is also important to recognize this may be a temporary use. Commissioner Dawson commented she is concerned with the traffic in this area. Mr. Cheran explained that during the site plan process a TIA can be required. Commissioner Unger stated he does not feel this would be a problem in this area. Chairman Kenney commented the biggest hurdle is the ROW for Route 37 being recognized. Mr. Cheran responded in Condition #2 it states, “the site plan for this property shall be designed to accommodate the future Route 37 ROW.” Commissioner Thomas shared his concern that this will be setting a precedent by allowing development in the ROW of Route 37; he would much rather see gravel on the site than a building. Chairman Kenney stated the Comprehensive Plan clearly states the Route 37 ROW; does this accommodate the intent of the Comprehensive Plan. Commissioner Unger disagreed, he feels Condition #2 takes care of the ROW issue. Mr. Ruddy explained, the Planning Commission needs to be clear on what that condition reads; the accommodation for the Route 37 ROW should be recognized and the site improvements should be outside of that ROW. He continued, the picture shown on the plan that was submitted has a clear ROW, therefore the Planning Commission’s intent on that condition would be that the improvements are only outside of the ROW then that’s a fair statement; it is not a dedication but recognizing all site improvements be out of the ROW. Commissioner Unger feels we are fortunate that it’s proposed to be just a gravel parking lot rather than a building on the property. Mr. Timothy Stowe of Stowe Engineering, PLC, representing the Applicant explained this is a gravel parking lot and nothing more; it will not impede the development of Route 37. He continued, the Applicant received comments from Planning Staff and the Applicant feels Condition #2 needs clarity and would like it to read “the site plan for the property show the future Route 37 ROW line”; that is be clear where the ROW is. Mr. Stowe noted, the drawing received is a sketch plan to accompany the CUP. He concluded this project takes a piece of land and provides a need in the industrial park and puts this land to use. Commissioner Thomas asked if the Applicant would be willing to put on the site plan a line that shows the future dedication of Route 37; no vertical development will occur in this zone. Mr. Stowe noted that is the intent and to keep it as parking only. Chairman Kenney asked if they are willing to do that, why not configure now. Mr. Stowe replied the owner would like the benefit of using the area that is dedicated for the future ROW until such time Route 37 will be developed further. Frederick County Planning Commission Page 3561 Minutes of June 20, 2018 Chairman Kenney called for anyone who wished to speak regarding this Public Hearing to come forward at this time. Mr. Richard Bell, a property owner in the Stonewall Industrial Park came forward and requested consideration be given for a rezoning rather than a CUP. He noted, he is not in specific opposition to the Conditional Use; treat with consideration with regards to previous rezoning. No one else came forward to speak and Chairman Kenney closed the public comment portion of the hearing. Commissioner Thomas concluded he is concerned the Applicant could build on this property rather than just a gravel parking lot. He does not feel traffic will be an issue. He noted the possibility of including something that will take care of the legal aspects while also adhering to the Comprehensive Plan. Commissioner Mohn commented he would prefer the Planning Commission not wordsmith a condition at this point; there is an agreement to get there, given the importance of the issue to have the opportunity for the language to be checked and presented with a favorable opinion from the County Attorney. Upon motion made by Commissioner Cline and seconded by Commissioner Dawson BE IT RESOLVED, the Frederick County Planning Commission does hereby unanimously recommend postponement for 45 days of Conditional Use Permit #08-18 for Trailer Drop, LLC – submitted by GreyWolfe, Inc., for a tractor truck and tractor truck trailer parking use as a Conditional Use in the M1 (Light Industrial) District. The property is in Stonewall Industrial Park at the end of McGhee Road (Route 861), Winchester, Virginia and is identified with Property Identification Number 43-19-64 in the Stonewall Magisterial District (Note: Commissioners Marston and Triplett were absent from the meeting.) CPPA #01-18 St. Paul on the Hill – Land Use Designation Amendment Request. This is a request to change the land use designation for one parcel of land that totals 4.971 acres. The property is identified by Property Identification Number 54-A-128 and is located at 1527 Senseny Road in the Red Bud Magisterial District. The property is located within the Sewer and Water Service Area (SWSA) and the Urban Development Area (UDA). The property is currently designated in the Senseny/Eastern Frederick Urban Area Plan of the 2035 Comprehensive Plan for institutional land use with environmental resources. The Applicant is requesting to change the current Institutional designation to Urban Center. Action – Recommend Denial Candice E. Perkins, Assistant Director, began by presenting a locations map of the property. She shared an excerpt from the 2035 Comprehensive Plan and mapping of the Senseny/Eastern Frederick Urban Area Plan. Ms. Perkins reported the subject property is currently zoned RP (Residential Performance) District; the current by-right density for this property if developed with townhouses or garden apartments would be 10 units per acres (4.971 acres = 49 by-right units). She continued, expanding the Urban Center to this property would double the by-right density; from 10 units per acre to Frederick County Planning Commission Page 3562 Minutes of June 20, 2018 20 units per acre for multifamily; density increase would become a by-right allowance and would not require a rezoning that would address impacts; and up to 99 units (50 additional units possible without a rezoning). Ms. Perkins shared the history of this request: the CPPC discussed it at their April 2018 meeting and supported the request and sent it forward to the Board of Supervisors; the Planning Commission discussed this at their May 2, 2018 meeting and supported the request and sent forward to the Board of Supervisors; the Board of Supervisors discussed and sent forward this request at their May 23, 2018 meeting. Commissioner Thomas requested clarification on the mapping identifying this property. Ms. Perkins presented the mapping again and explained its locations and surrounding properties. Mr. Evan Wyatt of Greenway Engineering, representing the Applicant presented a brief overview of the request and reminded the Planning Commission what is being proposed is a change in the Comprehensive Plan to give the property an Urban Center designation. He noted, the property is zoned RP and the odd thing with regards to this project is that the zoning is in place for residential use, however, in order to do a multi-family structure type, use it has to be designated Urban Center use by the Comprehensive Plan. Mr. Wyatt continued, the property density by-right is 10 units per acre; to clarify, the Urban Center designation would allow for a density increase but specifically only 4 multi-family structures; it would not give a double density for the by-right uses such as townhouses or garden apartments. He concluded, the Comprehensive Plan Amendment is strictly to be able to do a multi-family structure; this is a unique and interesting opportunity because this does provide an opportunity for this population of our community. Commissioner Thomas asked for clarification that the intent is to build age restricted low income housing. Mr. Wyatt explained, the technical term is elderly income affordable housing; the financing and the way the partnership program works it is to provide elderly affordable income housing and to qualify to live in the facility your maximum income can only be 40% of the average mean income for the community. Commissioner Thomas inquired if the intent is to have any school age children housed there. Mr. Wyatt stated the projects that the developer has done in the past have an average age of high 60’s to low 70’s. Commissioner Thomas asked what assurance the County has that this will remain low income elderly housing. Mr. Wyatt explained the assurance to the County is the trust in St. Paul’s that the ground lease sets forth and the parties being willing to establish an agreement to be recorded. Commissioner Oates noted a recorded covenant would be helpful, otherwise the County cannot do anything. Mr. Wyatt reiterated the need for this type of housing to accommodate this population. Commissioner Mohn stated for clarification, this is a unique situation; the property is already zoned, a Comprehensive Plan change has an impact on the by-right density; there is a lot of RP zoned land across the street with the same designation. He asked if a discussion has taken place about possibly a proffer only or a proffer type of rezoning. Mr. Wyatt commented regarding the proffer, rezoning to an age restricted multi-family would render the property useless for development due to the setbacks within the County code. He continued, the opportunity to do a multi-family for this property leans more towards the conventional multi-family which is why this is odd; with low income tax credit programs for Wesley Housing to submit the application for financing they have to have a letter from the County stating the land use is permissible; the Comprehensive Plan amendment gives the ability for the proper multi -family to be Frederick County Planning Commission Page 3563 Minutes of June 20, 2018 built. Commissioner Mohn inquired regarding the tax credits, what is the time frame for Wesley Housing to be in the cycle for this year. Mr. Wyatt noted, the formal application is due in March 2019. Commissioner Unger asked for clarification on the age restriction and related setbacks. Mr. Wyatt explained the zoning would not change, the RP zoning is the correct zoning for a multi -family structure; the multi-family structure ordinance has two choices, a conventional structure and an age restricted. He continued the age restricted has more significant setbacks that would not allow them to develop the property because the facility would not fit. Chairman Kenney commented the County needs something to protect them; more assurance and substance and not only based on good faith. Mr. Wyatt commented a rezoning would create an undevelopable property that is why this is unique. Commissioner Oates stated he does not think a rezoning is the route to take, a simple recorded covenant would take care of this. Commissioner Thomas stated he thought after discussion previously the Applicant would be willing to enter into an MOU (memo of understanding) with the County. Mr. Wyatt stated that is correct. Commissioner Thomas asked if the County could accept this as a viable legal document. Mr. Ruddy explained the County has not historically done this and would be reluctant to do so at this time. Commissioner Thomas requested clarification, if they did a proffered rezoning the setbacks would not allow them to use the property. Mr. Ruddy explained that is not completely correct because of the age restricted multi-family housing; the multi-family residential building is a particular housing type that you are able to do I n an area designated Urban Center, simply the fact the property has an age restriction to a proffer would not preclude that property from doing a multi-family residential building which is different from the age restricted multi-family as mentioned with regards to setbacks. He concluded, there would be an underlying guarantee through the proffers that it would be an age restricted property. Chairman Kenney called for anyone who wished to speak regarding this Public Hearing to come forward at this time. Supervisor Blaine Dunn came forward to clarify, St. Paul on the Hill came to him in January 2018 with this project and he felt it was worthy. He hopes this can be worked out to accomplish the needs of the Applicant and the County. No one else came forward to speak and Chairman Kenney closed the public comment portion of the hearing. Commissioner Thomas asked what the options are to the Planning Commission. Ms. Perkins explained this item can be sent forward with a favorable recommendation, it can be sent forward for denial, or postponed. Commissioner Thomas inquired is it possible to put any conditions or restrictions on a Comprehensive Plan revision. Ms. Perkins explained this cannot be accomplished without a rezoning. Commissioner Oates requested if this is postponed, Staff and the County Attorney provide some options. Commissioner Mohn noted the Comprehensive Plans and Programs Committee was comfortable with this as a land use item; he understands the concerns to a degree. Frederick County Planning Commission Page 3564 Minutes of June 20, 2018 Upon motion made by Commissioner Mohn and seconded by Commissioner Dawson BE IT RESOLVED, the Frederick County Planning Commission does hereby recommend postponement for 45 days of CPPA #01-18 St. Paul on the Hill – Land Use Designation Amendment Request. This is a request to change the land use designation for one parcel of land that totals 4.971 acres. The property is identified by Property Identification Number 54-A-128 and is located at 1527 Senseny Road in the Red Bud Magisterial District. The property is located within the Sewer and Water Service Area (SWSA) and the Urban Development Area (UDA). The property is currently designated in the Senseny/Eastern Frederick Urban Area Plan of the 2035 Comprehensive Plan for institutional land use with environmental resources. The Applicant is requesting to change the current Institutional designation to Urban Center. YES: Mohn, Dawson, Ambrogi, Cline, Oates, Kenney, Thomas, Molden, Wilmot NO: Unger, Manuel (Note: Commissioners Marston and Triplett were absent from the meeting.) ------------- ADJOURNMENT No further business remained to be discussed and a motion was made by Commissioner Cline to adjourn the meeting. This motion was seconded by Commissioner Thomas and unanimously passed. The meeting adjourned at 8:20 p.m. Respectfully submitted, ____________________________ Kevin W. Kenney, Chairman ____________________________ Michael T. Ruddy, Secretary B REZONING APPLICATION #02-18 ST. PAUL’S ON THE HILL Staff Report for the Planning Commission Prepared: August 2, 2018 Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by Staff where relevant throughout this staff report. Reviewed Action Planning Commission: 08/15/18 Pending Board of Supervisors: 09/12/18 Pending PROPOSAL: To rezone 4.971+/- acres from the RP (Residential Performance) District to the RP (Residential Performance) District with proffers to restrict the use of the subject property to a church and housing for older persons. LOCATION: The subject property is located at 1527 Senseny Road in the Red Bud Magisterial District. PROPERTY ID NUMBER: 54-A-128 PROPERTY ZONING AND USE: RP (Residential Performance) District; Institutional. ADJOINING PROPERTY ZONING & PRESENT USE: North: RP (Residential Performance) District Use: Residential South: RP (Residential Performance) District Use: Residential East: RP (Residential Performance) District Use: Residential B1 (Neighborhood Business) District Vacant West: RP (Residential Performance) District Use: School EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 08/15/18 PLANNING COMMISSION MEETING: This is an application to rezone a total of 4.971+/- acres of land to the RP (Residential Performance) District with Proffers to restrict the use of the subject property to a church and housing for older persons. The site is located within the Sewer and Water Service Area (SWSA) and the Urban Development Area (UDA). The Property is currently designated in the Senseny/Eastern Frederick Urban Area Plan of the 2035 Comprehensive Plan for institutional land use with environmental resources. While the current land use plan designation is inconsistent with the current RP Zoning, the Applicant is seeking an amendment to the Comprehensive Plan to designate this property as Urban Center. The Comprehensive Plan Amendment is being processed concurrent with this proposed rezoning. 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 #02-18 St. Paul’s on the Hill August 2, 2018 Page 2 REVIEW EVALUATIONS: Frederick Water: Please see memo from Eric Lawrence AICP, Executive Director dated April 5, 2018 (Comprehensive Plan Amendment Comment). Planning & Zoning: 1) Site History The original Frederick County Zoning map (USGS Winchester Quadrangle) depicts the zoning for the five parcels which comprise the proposed rezoning as R2 (Residential Limited) District. On February 14, 1990, the R2 District zoning classification was modified to RP (Residential Performance), during the comprehensive amendment to the County’s Zoning Ordinance. 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 Property is currently designated in the Senseny/Eastern Frederick Urban Area Plan of the 2035 Comprehensive Plan for institutional land use with environmental resources. While the current land use plan designation is inconsistent with the current RP Zoning, the Applicant is seeking an amendment to the Comprehensive Plan to designate this property as Urban Center. The Comprehensive Plan Amendment is being processed concurrent with this proposed rezoning. 4) Proffer Statement – Dated August 8, 2018: 1. Development and use of the property: 1.1. Development on the Property shall be limited to a Church, and to Housing for Older Persons as that term is defined in 42 USC § 3607(b)(2) and regulations issued thereunder, and any applicable state law or local ordinance; and provided further that as to 100% of the housing units, each unit shall be rented or sold such that at least one resident in each unit is a person at least age 55 or over. 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. 54 A 128 105BOUNDARYAVE 109BOUNDARYAVE 1518SENSENY RD 1532SENSENY RD 1542SENSENY RD 1548SENSENY RD 104UNDERWOOD LN 1570SENSENY RD 1582SENSENY RD 1592SENSENY RD 1604SENSENY RD 1614SENSENY RD 1538SENSENY RD 1562SENSENY RD 1508SENSENY RD 1597SENSENY RD 1611SENSENY RD 1488SENSENY RD 100WILLIAMSON PL 101WILLIAMSON PL 1481SENSENY RD 107WILLIAMSON RD 301KASSIE LN 109WILLIAMSON RD 113WILLIAMSON RD 89ABBEY RD 115WILLIAMSON RD 117WILLIAMSON RD 90ABBEYRD 186VILLAGE CT 119WILLIAMSON RD 116WILLIAMSON RD 188VILLAGE CT 121WILLIAMSON RD 211MEADE DR 190VILLAGE CT 212MEADE DR 192VILLAGE CT 209MEADE DR 123WILLIAMSON RD 222MASSIE DR210MEADE DR 194VILLAGE CT 125WILLIAMSON RD WILLIAMS O N P L K A S S I E L N SENSENY R D Application Parcels B1 (Neighborhood Business District) RP (Residential Performance District)µ Frederick County Planning & Development107 N Kent StWinchester, VA 22601540 - 665 - 5651Map Created: July 23, 2018 SENSENY R D MI L A M D R RI D G E R D MA S S I E D R VILLA G E C T OA K R I D G E L N B O U N D A R Y A V E CRES T L E I G H D R U N D E R W O O D L N MEA D E D R CART E R P L ABBEY RD ME A D E D R 0 190 38095 Feet REZ #02-18 REZ # 02 - 18: St. Paul's on the HillPIN: 54 - A - 128Rezoning from RP to RP with ProffersZoning Map 54 A 128 105BOUNDARYAVE 109BOUNDARYAVE 1518SENSENY RD 1532SENSENY RD 1542SENSENY RD 1548SENSENY RD 104UNDERWOOD LN 1570SENSENY RD 1582SENSENY RD 1592SENSENY RD 1604SENSENY RD 1614SENSENY RD 1538SENSENY RD 1562SENSENY RD 1508SENSENY RD 1597SENSENY RD 1611SENSENY RD 1488SENSENY RD 100WILLIAMSON PL 101WILLIAMSON PL 1481SENSENY RD 107WILLIAMSON RD 301KASSIE LN 109WILLIAMSON RD 113WILLIAMSON RD 89ABBEY RD 115WILLIAMSON RD 117WILLIAMSON RD 90ABBEYRD 186VILLAGE CT 119WILLIAMSON RD 116WILLIAMSON RD 188VILLAGE CT 121WILLIAMSON RD 211MEADE DR 190VILLAGE CT 212MEADE DR 192VILLAGE CT 209MEADE DR 123WILLIAMSON RD 222MASSIE DR210MEADE DR 194VILLAGE CT 125WILLIAMSON RD WILLIAMS O N P L K A S S I E L N SENSENY R D Application Parcels µ Frederick County Planning & Development107 N Kent StWinchester, VA 22601540 - 665 - 5651Map Created: July 23, 2018 SENSENY R D MI L A M D R RI D G E R D MA S S I E D R VILLA G E C T OA K R I D G E L N B O U N D A R Y A V E CRES T L E I G H D R U N D E R W O O D L N MEA D E D R CART E R P L ABBEY RD ME A D E D R 0 190 38095 Feet REZ #02-18 REZ # 02 - 18: St. Paul's on the HillPIN: 54 - A - 128Rezoning from RP to RP with ProffersLocation Map 54 A 128 112CRESTLEIGH DR 115CRESTLEIGH DR 109BOUNDARYAVE 113BOUNDARYAVE 114UNDERWOOD LN 1542SENSENY RD 1548SENSENY RD 108UNDERWOOD LN106UNDERWOOD LN 1582SENSENY RD 1592SENSENY RD 1604SENSENY RD 1614SENSENY RD113CRESTLEIGH DR 1518SENSENY RD 1532SENSENY RD 104UNDERWOOD LN 111CRESTLEIGH DR 109CRESTLEIGH DR 105BOUNDARYAVE 1562SENSENY RD 1570SENSENY RD 1538SENSENY RD 107CRESTLEIGH DR 1508SENSENY RD 1597SENSENY RD 1611SENSENY RD 105CRESTLEIGH DR 1488SENSENY RD 100WILLIAMSON PL 101WILLIAMSON PL101CRESTLEIGH DR 1481SENSENY RD 107WILLIAMSON RD 1455SENSENY RD 301KASSIE LN 109WILLIAMSON RD 93ABBEYRD 95ABBEYRD 91ABBEYRD 113WILLIAMSON RD 89ABBEYRD 115WILLIAMSON RD 117WILLIAMSON RD 94ABBEYRD 92ABBEY RD 90ABBEYRD 119WILLIAMSON RD 116WILLIAMSON RD 186VILLAGE CT 188VILLAGE CT 211MEADE DR 121WILLIAMSON RD 190VILLAGE CT 212MEADE DR 187VILLAGE CT 192VILLAGE CT 210MEADE DR 209MEADE DR 123WILLIAMSON RD 222MASSIE DR 189VILLAGE CT 194VILLAGE CT 125WILLIAMSON RD 191VILLAGE CT 196VILLAGE CT 206MEADE DR 111CARTER PL 193VILLAGE CT 202MEADE DR 207MEADE DR 101CREST CIR U N D E R W O O D L N VILLA G E C T WILLIAMS O N P L K A S S I E L N B O U N D A R Y A V E SENSENY R D Application 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 µ Frederick County Planning & Development107 N Kent StWinchester, VA 22601540 - 665 - 5651Map Created: July 23, 2018 SENSENY R D MI L A M D R RI D G E R D MA S S I E D R VILLA G E C T OA K R I D G E L N B O U N D A R Y A V E CRES T L E I G H D R U N D E R W O O D L N MEA D E D R CART E R P L ABBEY RD ME A D E D R 0 230 460115 Feet REZ #02-18 REZ # 02 - 18: St. Paul's on the HillPIN: 54 - A - 128Rezoning from RP to RP with ProffersLong Range Land Use Map PROFFER STATEMENT WESLEY HOUSING DEVELOPMENT CORPORATION ST. PAUL’S ON THE HILL RED BUD MAGISTERIAL DISTRICT 4.971 Acres Rezoning: RZ #02-18 Record Owner Flonnie Marie Williams, Lokie Leo Voight, and Joan O’Malley Inger, Trustees of St. Paul’s on-the-Hill Episcopal Church Applicant: Wesley Housing Development Corporation of Northern Virginia Property: 4.971 acres located at 1527 Senseny Road, Parcel Number 54-A- 128 Zoning: RP (Residential Performance) to RP Proffered Project Name: St. Paul’s on the Hill Date: August _____, 2018 Pursuant to Va. Code Ann. § 15.2-2296, et seq., and § 165-102.06 of the Frederick County Zoning Ordinance, the undersigned hereby proffers that the development and use of the Property, consisting of approximately 4.971 acres, located at 1527 Senseny Road, Winchester, Virginia, in Frederick County, shall be in substantial conformance with the following conditions. In the event this rezoning is granted as applied for by the Applicant, then these proffers shall supersede and replace in their entirety all other proffers made prior hereto. In the event this rezoning is not granted as applied for by the Applicant, then these proffers shall be deemed withdrawn and shall be null and void. The term “Applicant” as referenced herein shall include within its meaning the current owner, all future owners and successors in interest. 1. DEVELOPMENT AND USE OF THE PROPERTY 1.1. Development on the Property shall be limited to a Church, and to Housing for Older Persons as that term is defined in 42 USC § 3607(b)(2) and regulations issued thereunder, and any applicable state law or local ordinance; and provided further that as to 100% of the housing units, each unit shall be rented or sold such that at least one resident in each unit is a person is at least age 55 or over. [Signatures on following page.] 54 A 128 SENSEN Y R D W I L L I A M S O N R D MASSIE D R WIL L I A M S O N R D K A S S I E L N WILLIAM S O N P L B O U N D A R Y A V E Map Data Source: Frederick County, Va. GIS Department, 2017 Data; Aerial Photo From 2017 C. P . P . A . A E R I A L O V E R V I E W E X H I B I T RE D B U D M A G I S T E R I A L D I S T R I C T ST . P A U L ' S O N T H E H I L L FR E D E R I C K C O U N T Y , V I R G I N I A DA T E : 2 0 1 8 - 0 3 - 0 1 PR O J E C T I D : 6 3 8 7 W DE S I G N E D B Y : D W E SC A L E : 1 I n c h = 1 0 0 F e e t Legend St. Paul's On The Hill Parcel Boundary 100 0 100 Feet µ ST . P A U L ' S O N T H E H I L L CO M P R E H E N S I V E P O L I C Y P L A N A M E N D M E N T AE R I A L O V E R V I E W E X H I B I T AD J O I N I N G L A N D U S E AD J O I N I N G L A N D U S E 2#+06'4Ä.'9+52.% C U R R E N T O W N E R : T R U S T E E S O F C H R I S T E P I S C O P A L C H U R C H . F R E D E R I C K P A R I S H , W I N C H E S T E R , V I R G I N I A D E E D B O O K 2 8 5 P A G E 4 1 6 , T M 5 4 - A - 1 2 8 . A T I T L E L E T T E R H A S B E E N P R O V I D E D B Y E D W I N B . Y O S T , A T T O R N E Y A T L A W D A T E D J U L Y 2 4 , 2 0 1 7 . T H E R E F O R E , T H I S P L A T M A Y N O T R E P R E S E N T A L L E N C U M B R A N C E S T O T H E P R O P E R T Y F R O M J U L Y 2 4 , 2 0 1 7 . T O T A L A R E A O F S U R V E Y = 4 . 9 7 1 A C . C U R R E N T L Y Z O N E D R P G E N E R A L N O T E S : T H I S S I T E F A L L S I N Z O N E X A R E A S D E T E R M I N E D T O B E O U T S I D E 0 . 2 % A N N U A L C H A N C E O F F L O O D P L A I N A S S H O W N O N T H E F L O O D I N S U R A N C E R A T E M A P ; F R E D E R I C K C O U N T Y , M A P N O . 5 1 0 6 9 C 0 2 1 7 D , P A N E L N O . 2 1 7 O F 3 7 5 E F F E C T I V E D A T E S E P T E M B E R 2 , 2 0 0 9 . P A R K I N G T A B U L A T I O N S : 3 8 R E G U L A R S P A C E S 6 H A N D I C A P S P A C E NO WETLANDS I D E N T I F I E D D U R I N G T H E P E R F O R M A N C E O F T H I S S U R V E Y . NO EVIDENCE O F C U R R E N T E A R T H M O V I N G W O R K , B U I I L D I N G C O N S T R U C T I O N O R BUILDING ADDI T I O N S . NO OBSERVED E V I D E N C E O F T H E S I T E B E I N G U S E D A S A S O L I D W A S T E D U M P , S U M P OR SANITARY L A N D F I I L L . D E S C R I P T I O N O F T H E P R O P E R T Y O F T R U S T E E S O F T H E C H R I S T E P I S C O P A L C H U R C H , F R E D E R I C K P A R I S H , W I N C H E S T E R V I R G I N I A T A X M A P N O . 5 4 - A - 1 2 8 F R E D E R I C K C O U N T Y , V I R G I N I A B e g i n n i n g a t t h e s o u t h e a s t e r n c o r n e r o f t h e t r a c t h e r e i n d e s c r i b e d s a i d p o i n t b e i n g a n i r o n r o d s e t o n t h e n o r t h e r l y r i g h t - o f - w a y l i n e o f S e n s e n y R o a d , a n d a c o r n e r t o F r e d e r i c k C o u n t y S c h o l l B o a r d . T h e n c e d e p a r t i n g s a i d n o r t h e r l y r i g h t - o f - w a y l i n e o f S e n s e n y R o a d a n d r u n n i n g w i t h s a i d F r e d e r i c k C o u n t y S c h o l l B o a r d a n d c o n t i n u i n g w i t h t h e s a m e l i n e e x t e n d e d w i t h L o t 5 6 , B l o c k C , R o l l i n g F i e l d s N 3 2 ° - 0 6 ' - 4 2 " E , p a s s i n g t h r o u g h a n i r o n r o d f o u n d a t 8 4 9 . 2 9 f e e t , 9 1 9 . 8 7 f e e t t o t a l t o a n i r o n r o d f o u n d , s a i d r o d b e i n g a c o r n e r t o P a g e - B r o o k e L a n d T r u s t . T h e n c e d e p a r t i n g s a i d s a i d L o t 5 6 , B l o c k C , R o l l i n g F i e l d s a n d r u n n i n g w i t h s a i d P a g e - B r o o k e L a n d T r u s t a n d w i t h t h e s a m e l i n e e x t e n d e d w i t h P a g e - B r o o k e L a n d T r u s t o t h e r l a n d a n d S u m m i t C o m m u n i t y B a n k S 3 5 ° - 5 0 ' - 0 7 " W , p a s s i n g t h r o u g h i r o n r o d s f o u n d a t 2 6 2 . 4 2 f e e t a n d a n a d d i t i o n a l 7 9 . 2 2 f e e t , 6 8 5 . 3 1 t o t a l t o a n i r o n r o d s e t , s a i d r o d b e i n g o n t h e a f o r e m e n t i o n e d n o r t h e r l y r i g h t - o f - w a y l i n e o f S e n s e n y R o a d . T h e n c e d e p a r t i n g s a i d S u m m i t C o m m u n i t y B a n k a n d r u n n i n g w i t h s a i d n o r t h e r l y r i g h t - o f - w a y l i n e o f S e n s e n y R o a d N 7 1 ° - 4 5 ' - 2 5 " E , 2 5 3 . 8 1 f e e t t o t h e p o i n t o f b e g i n n i n g a n d c o n t a i n i n g 4 . 9 7 1 a c r e s m o r e o r l e s s . T h i s d e s c r i p t i o n i s s u b j e c t , h o w e v e r , t o a l l e a s e m e n t s , r i g h t s - o f - w a y , a n d r e s t r i c t i o n s o f r e c o r d a n d i s t h e s a m e p r o p e r t y d e s c r i b e d i n t i t l e l e t t e r p r o v i d e d b y E d w i n B . Y o s t , P L C d a t e d J u l y 3 1 , 2 0 1 7 . S U R V E Y O R ' S C E R T I F I C A T E : T o : T r u s t e e s o f C h r i s t E p i s c o p a l C h u r c h , F r e d e r i c k P a r i s h , W i n c h e s t e r , V i r g i n i a T h i s i s t o c e r t i f y t h a t t h i s m a p o r p l a t a n d t h e s u r v e y o n w h i c h i t i s b a s e d w e r e m a d e i n a c c o r d a n c e w i t h t h e " 2 0 1 6 M i n i m u m S t a n d a r d D e t a i l R e q u i r e m e n t s f o r A L T A / N S P S L a n d T i t l e S u r v e y s , " j o i n t l y e s t a b l i s h e d a n d a d o p t e d b y A L T A a n d N S P S a n d i n c l u d e s i t e m s 1 - 7 A , 8 , 9 , 1 1 , 1 3 , 1 4 , 1 6 , 1 7 a n d 1 8 o f T a b l e A t h e r e o f . T h e f i e l d w o r k w a s c o m p l e t e d o n A u g u s t 1 8 , 2 0 1 7 . B y : D a v i d F . S p r i g g s V A L i c e n s e N o . 0 0 1 8 5 3 Side or rear setbacks. The minimum side or rear setback for any principal use orstructure shall be determined by the primary use of the adjoining parcel as follows:Adjoining Parcel Size6 acres or less 50 feetMore than 6 acres 100 feetAgricultural and Forestal District, 6 acres or less 50 feetAgricultural and Forestal District, more than 6 acres 200 feetOrchard (regardless of parcel size) 200 feet Front setbacks. The front setback for any principal use or structure shall be 60 feetfrom the property line or right-of-way of the street, road or ingress/egress easement.RA Zoning Requirements:6) PLAT AND S U R V E Y A T D E E D B O O K 2 8 5 P A G E 4 1 9 I S T H E C U R R E N T O W N E R S A C Q U I S I T I O N OF THE PROPE R T Y . I N S U F F I C I E N T P H Y S I C A L O R R E C O R D E D I N F O R M A T I O N T O A C C U R A T E L Y L O C A T E . 7) SUBJECT TO U T I L I T Y R I G H T O F W A Y T O P O T O M A C E D I S O N C O M P A N Y O F V I R G I N I A RECORDED IN D E E D B O O K 3 2 2 P A G E 3 9 9 . I N S U F F I C I E N T P H Y S I C A L O R R E C O R D E D I N F O R M A T I O N T O ACCURATELY L O C A T E . 8) ORDER BY VI R G I N I A S T A T E H I G H W A Y D E P A R T M E N T R E C O R D E D I N D E E D B O O K 3 6 8 P A G E 2 5 1 AND CERTIFIC A T E R E C O R D E D I N D E E D B O O K T O W I D E N S T A T E R T E . 6 5 7 ( S E N S E N Y R D . ) ARE SHOWN A S T H E N O R T H E R N R I G H T O F W A Y L I N E . 9) EASEMENT G R A N T E D T O T H E C I T Y O F W I N C H E S T E R R E C O R D E D I N D E E D B O O K 3 2 6 P A G E 5 6 4 IS SHOWN HER O N . 10) SUBJECT T O U T I L I T Y R I G H T O F W A Y T O N O R T H E R N V I R G I N I A P O W E R C O M P A N Y R E C O R D E D IN DEED BOOK 2 7 2 P A G E 2 9 8 . I N S U F F I C I E N T P H Y S I C A L O R R E C O R D E D I N F O R M A T I O N T O ACCURATELY L O C A T E . 11) SUBJECT T O U T I L I T Y R I G H T O F W A Y T O C H E S A P E A K E A N D P O T O M A C T E L E P H O N E C O M P A N Y O F V I R G I N I A RECORDED IN D E E D B O O K 2 7 5 P A G E 3 3 7 . I N S U F F I C I E N T P H Y S I C A L O R R E C O R D E D I N F O R M A T I O N T O ACCURATELY L O C A T E . 12) EASEMENT S G R A N T E D T O T H E C I T Y O F W I N C H E S T E R A N D S H E N A N D O A H G A S C O M P A N Y R E C O R D E D I N DEED BOOK 38 4 P A G E 3 0 3 A R E S H O W N H E R O N . EDWIN B.YOST, A T T O R N E Y A T L A W , T I T L E L E T T E R , D A T E D J U L Y 2 4 , 2 0 1 7 L I S T E D E X C E P T I O N S : SITEVICINITY MAP ~ Not to Scale C COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 MEMORANDUM TO: Frederick County Planning Commission FROM: Candice E. Perkins, AICP, CZA, Assistant Director RE: Public Meeting/Action–St. Paul on the Hill Comprehensive Plan Amendment DATE: July 27, 2018 This is a draft amendment to the Senseny/Eastern Frederick Urban Area Plan of the 2035 Comprehensive Plan. This request is presented to the Planning Commission as a public meeting/action item; the public hearing for this item was held on June 6, 2018. At the June 6th meeting the item was postponed for 45 days to allow the Applicant additional time to work out a solution to limit the site to low income housing for older persons. The Applicant has since prepared a rezoning and proffer statement that addresses this concern. Staff is seeking a recommendation from the Planning Commission to the Board of Supervisors on this Comprehensive Plan Amendment request. Proposal The subject property contains 4.971+/- acres and has an address of 1527 Senseny Road and is identified with Property Identification Number 54-A-128. The property is located within the Sewer and Water Service Area (SWSA) and the Urban Development Area (UDA). The Property is designated in the Senseny/Eastern Frederick Urban Area Plan of the 2035 Comprehensive Plan for institutional land use with environmental resources. The institutional land use is reflective of the existing church located on the property. Land uses surrounding the subject property include institutional, residential and The Greenwood Urban Center. The Applicant is requesting to change the future land use from Institutional to Urban Center. The Greenwood Urban Center area is tailored t o be the future focal point of the Senseny Road and Greenwood area. The core area of this Urban Center is focused around the intersection of Senseny Road and Greenwood Road. The residential densities in the core of this area are envisioned to be in the 12-16 units per acre range, tapering off to 6 units per acre on its perimeter. It should be noted that the subject property is currently zoned RP (Residential Performance) District. The current by-right density for this Property if developed with townhouses or garden apartments would be 10 units per acre. As stated in the application, the Owner is seeking to construct a 70-unit age-restricted low-income apartment building. This proposed development would equate to 14 -units CPPA – St. Paul on the Hill July 27, 2018 Page 2 per acre. The Applicant is seeking to change the land use designation to Urban Center as this designation would allow for up to 20-units per acre by-right. Staff would note that the Applicant is seeking a rezoning to restrict the use of the property to a church and housing for elderly households (Rezoning #02-18). Background At their March 14, 2018 meeting, the Board of Supervisors adopted a resolution directing Staff to undertake a land use study to evaluate the future land use of the Saint Paul on the Hill Property. The Comprehensive Plans and Programs Committee (CPPC), at their April meeting discussed this request. The CPPC recommended approval of the request and forwarded the amendment to the Planning Commission for discussion. The Planning Commission discussed this request at their May 2, 2018 meeting; the Planning Commission supported the request and sent the amendment forward to the Board of Supervisors. The Board of Supervisors discussed this amendment at their April 23, 2018 meeting. The Board of Supervisors expressed concern over the housing types, the ability to pursue a rezoning in lieu of a Comprehensive Plan Amendment, potential impacts on County services and the unlikelihood of the County being able to restrict the development to age-restricted with only a Comprehensive Plan Amendment. Ultimately, the Board of Supervisors sent the amendment forward for public hearing to gather public comments on the requested amendment. The Planning Commission held a public hearing for this item on June 6, 2018. The Commission expressed concern over the ability to ensure that the development will be constructed as outlined; specifically, the limitation of low-income housing for older persons and the ability to possibly double the by-right density without a rezoning and assurances of the housing type. The Planning Commission ultimately postponed the item for 45 days to allow the Applicant additional time to work out a solution to limit the site to low-income housing for older persons. Conclusion Please find attached a memo from the FCSA with their comments for the requested Comprehensive Plan Amendment application. Attached you will also find a map showing the location of the proposal, a map showing the location of the proposal in the context of the Senseny/Eastern Frederick Urban Area Plan (current land use and proposed land use) and a copy of the application. This request is presented to the Planning Commission as a public meeting/action item. Staff is seeking a recommendation from the Planning Commission to the Board of Supervisors on this Comprehensive Plan Amendment request. CEP/pd Attachments VILLAG E C T U N D E R W O O D L N WILLIAMS O N P L K A S S I E L N B O U N D A R Y A V E SENSENY R D Urban Development Area SWSA Applications ParcelsEastern Road Plan Major Arterial Improved Major Arterial Minor Arterial Improved Minor Arterial Major Collector Improved Major Collector Minor Collector Improved Minor Collector Ramp Roundabout Trails Zoning 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: March 26, 2018Staff: cperkins SENSENY R D RI D G E R D MI L A M D R MA S S I E D R VILLA G E C T MEA D E D R CRES T L E I G H D R U N D E R W O O D L N FO X B U R Y L N WIL L I A M S O N R D STAFFORD DR CART E R P L ME A D E D R CPPA #01-18St. Paul's on the Hill Episcopal ChurchRevise Senseny/Eastern Land Use PlanPIN:54 - A - 128Zoning Map CPPA #01-18St. Paul's on the HillEpiscopal ChurchPIN:54 - A - 128Revise Senseny/Eastern Land Use PlanZoning Map 0 0.045 0.090.0225 Miles CPPA #01-1854 A 128 U N D E R W O O D L N VILLA G E C T WILLIAMS O N P L B O U N D A R Y A V E K A S S I E L N SENSENY R D Urban Development Area SWSA Applications ParcelsEastern Road Plan Major Arterial Improved Major Arterial Minor Arterial Improved Minor Arterial Major Collector Improved Major Collector Minor Collector Improved Minor Collector Ramp Roundabout Trails 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: March 26, 2018Staff: cperkins SENSENY R D RI D G E R D MI L A M D R MA S S I E D R VILLA G E C T MEA D E D R CRES T L E I G H D R U N D E R W O O D L N FO X B U R Y L N WIL L I A M S O N R D STAFFORD DR CART E R P L ME A D E D R CPPA #01-18St. Paul's on the Hill Episcopal ChurchRevise Senseny/Eastern Land Use PlanPIN:54 - A - 128Long Range Land Use Map CPPA #01-18St. Paul's on the HillEpiscopal ChurchPIN:54 - A - 128Revise Senseny/Eastern Land Use PlanLong Range Land Use Map 0 0.045 0.090.0225 Miles CPPA #01-1854 A 128 U N D E R W O O D L N VILLA G E C T WILLIAMS O N P L B O U N D A R Y A V E K A S S I E L N SENSENY R D Urban Development Area SWSA Applications ParcelsEastern Road Plan Major Arterial Improved Major Arterial Minor Arterial Improved Minor Arterial Major Collector Improved Major Collector Minor Collector Improved Minor Collector Ramp Roundabout Trails 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: March 26, 2018Staff: cperkins SENSENY R D RI D G E R D MI L A M D R MA S S I E D R VILLA G E C T MEA D E D R CRES T L E I G H D R U N D E R W O O D L N FO X B U R Y L N WIL L I A M S O N R D STAFFORD DR CART E R P L ME A D E D R CPPA #01-18St. Paul's on the Hill Episcopal ChurchRevise Senseny/Eastern Land Use PlanPIN:54 - A - 128Requested Comprehensive Plan AmendmentLong Range Land Use Map CPPA #01-18St. Paul's on the HillEpiscopal ChurchPIN:54 - A - 128Revise Senseny/Eastern Land Use PlanRequested Comp Plan AmendmentLong Range Land Use Map 0 0.045 0.090.0225 Miles CPPA #01-1854 A 128 APPENDIX I - AREA PLANS Senseny/Eastern Frederick Urban Area Plan 9 SENSENY/EASTERN FREDERICK URBAN AREA PLAN SEFUAP APPENDIX I - AREA PLANS Senseny/Eastern Frederick Urban Area Plan 10 SENSENY/EASTERN FREDERICK URBAN AREA PLAN This area is home to many families and successful businesses, and contains some of the area’s most accessible natural resources and environmental features, historic resources, and public facilities. The Senseny/Eastern Frederick Urban Area Plan effort builds upon these great assets and has identified opportunities to; create new communities, integrate land use and transportation choices, address community infrastructure needs, and expand the County’s goals for economic development. A series of maps have been prepared which identify Future Land Use, Transportation, and Historical Resources, Natural Resources and Public Facilities within the study area. The Senseny/Eastern Frederick Urban Area Plan incorporates the following areas of new land use focus: the Urban Centers, the Parkins Mill Economic Development Area, Interstate and Highway Commercial at Routes 7, 50 and 522, Warrior Drive Employment and Commercial Center, and others. The above areas combine to form the County’s urban areas between the City of Winchester and Clarke County. The study encompasses the area of the County that is generally east of the City of Winchester and Route 522, South to the Clarke County line and from Redbud Run in the north to the Opequon Creek in the south. This study area includes the Route 7 and Route 50 Business Corridor Plans which were both adopted in 1994, and the eastern portion of the Southern Frederick Land Use Plan which was adopted in 1999, generally north of the Opequon Creek. The study area includes both the Red Bud and Shawnee Magisterial Districts and a small portion of the Stonewall Magisterial District. An overview to planning in Frederick County. Planning efforts, such as the Senseny Eastern Frederick Urban Area Plan, enables the community to anticipate and deal constructively with changes occurring in the community. Planning helps guide the future growth of the community and is intended to improve the public health, safety, convenience and welfare of its citizens. The Plan provides a guide for future land use and was a collaborative effort of the citizens of Frederick County, County Planning Staff, Planning Commissioners, and Board of Supervisors. However, it is the property owners who are the ones who make the decision as to whether or not to implement the Plan as it applies to their property. APPENDIX I - AREA PLANS Senseny/Eastern Frederick Urban Area Plan 11 Future rezoning is a means of implementing the Plan. Rezonings in Frederick County have historically been initiated by the property owner, or with their consent. There is no reason to expect that this will change in the future. Therefore, it is important to remember that the Plan is a guide for the future of the community, but that the property owner is ultimately the one who controls the future use of their property. Land Use Urban Centers The Urban Centers are envisioned to be intensive, walkable urban areas that are well integrated with the surrounding community. The urban center should be based on the principles of New Urbanism or Traditional Neighborhood Design promoted in the 2035 Comprehensive Plan. They shall contain a large commercial core, generally higher residential densities with a mix of housing types, an interconnected street system, and public open space around which the urban center is designed. Multiple uses are envisioned in single structures. Community facilities shall also provide a focal point for the urban center and surrounding community. Public spaces in the form of pocket parks, plazas, or greens shall be further integrated into the design of the Urban Centers. Presently, Greenwood Mill Elementary School, Admiral Byrd Middle School and Evendale Elementary School provide a focal point for community activity. In the future, these resources shall be complemented by a new High School, Middle School, and Elementary School which shall serve the existing and future population and be located within close proximity to the centers. The Urban Centers are centrally located in the study area. The commercial and residential mix of land uses shall have a strong street presence and shall relate to existing and planned road infrastructure. The mix of commercial, residential, employment, and community uses shall be linked to the surrounding area with inter-modal transportation choices and public open spaces. While the core characteristics of the urban centers are the same, each urban center is envisioned to be more individual, of a varying scale, and distinctive of their particular location. The following describes what an urban center in Frederick County may look like. The land use and/or building types could include, in addition to commercial and residential, community oriented types such as civic, religious, fraternal, or institutional uses. In the core area one may find 2 to 4 story buildings that, at the center, share party walls and front directly on the sidewalk; at the first or ground floor one will find retail and commercial uses, upper stories will have offices in some buildings and others will have apartments; and parking of cars will be on the street or in lots behind the buildings and possibly in parking decks if there is such need for structured parking. These types of structures will be readily accessible from the boulevards that serve the urban center. APPENDIX I - AREA PLANS Senseny/Eastern Frederick Urban Area Plan 12 The Crosspointe Urban Center The designated Crosspointe Urban Center provides an opportunity to enable either the currently approved project or an intensification of the proposal to allow for a greater mix of land uses, including residential, for a greater economic return to both the County and the property owner. The Crosspointe Urban Center is envisioned to be the most commercial and urban of the urban centers and, at the convergence of Interstate 81, Route 37 and future Warrior Drive, is ideally located to be the most intensive. The residential densities in this area have the potential to be the highest in the County’s urban areas. Opportunities exist to further the entertainment characteristics of this area based on its location, visibility and accessibility. The Greenwood Urban Center The designated Greenwood Urban Center provides an opportunity for a focal point for an area where most of the recent suburban residential development has occurred. The Greenwood Urban Center is envisioned to introduce a mix of uses into already developed areas in a way that builds the identity and enhances it livability. This Urban Center should embrace a traditional main-street feel, be pedestrian- friendly, ecologically sensitive and architecturally distinctive, honor our region’s local heritage and look to the future by promoting urban life in a dynamic new way. This lifestyle center should be defined by tree-lined boulevards and an inviting central park area oriented around the existing historic farm house and grounds. The residential densities in the core of this area are envisioned to be in the 12- 16 units per acre range, tapering off to 6 units per acre on its perimeter. Anchored in all directions by existing and proposed schools and park areas, this Urban Center is tailored to be the future focal point of the Senseny Road and Greenwood area. The Parkins Mill Urban Center/Neighborhood Village This designated urban center provides an opportunity to introduce a mix of uses into a largely undeveloped area in a way that builds the identity and enhances the economic performance of these communities. This area is already anchored by an elementary school and middle school. Similar to the Senseny and Greenwood Urban Center, this Urban Center should also embrace a traditional main-street feel, be pedestrian-friendly, ecologically sensitive and architecturally distinctive, honor the area’s local heritage and promote urban life in a dynamic new way. This urban center should be defined by tree-lined boulevards and an inviting central park area oriented around the existing public facilities. APPENDIX I - AREA PLANS Senseny/Eastern Frederick Urban Area Plan 13 The residential densities in the center of this area are envisioned to be 10-12 units per acre in the core area, tapering off to 6 units per acre on its perimeter adjacent to the existing residential land uses. Residential Land Uses Outside of the Urban Centers described above, the residential land uses in the Senseny/Eastern Frederick study area are defined in three main categories:  R4 – these are generally reflective of our existing residential densities at approximately 4 units per acre.  R6 – these are slightly higher residential densities at approximately 6 units per acre (this is generally attached house development).  Higher density residential – these are generally multifamily and a mix of other housing types with densities of approximately 12-16 units per acre (this density is necessary to accommodate the anticipated growth of the County within the urban areas and is essential to support the urban center concept identified in the Comprehensive Plan and this study). The residential land uses outside and east of Route 37 are envisioned to be rural area residential in character. Route 37, to the north and east of Route 50, may generally be considered as the boundary between the urban areas and rural areas within this study area. This provides a transition area to the Opequon Creek and to the well-established rural character of adjacent Clarke County. A buffer area along and adjacent to Interstate 81 has been identified where future residential land uses are not appropriate. Commercial and Industrial uses are preferred. Within this buffer area, a linear trail system is promoted. The buffer area also provides for the reservation of additional right-of-way along 81 which may be necessary in the future. Noise abatement techniques should be a consideration in the Interstate 81 corridor to minimize the impact from vehicular traffic on the residents of the area. Shenandoah University’s campus extends into this portion of the County. The plan recognizes and supports Shenandoah University and the University’s presence in Frederick County, especially in and around its current location on the east side of Interstate 81 and north of Route 50, as well as the potential for future residential uses associated with the university in the area in the form of urban residential housing in redeveloped existing commercial properties. The Airport Support Area has been bolstered with the addition of land to the south east. The Airport Support Area was established to ensure the feasibility of continued airport- associated use and future airport expansion. The Comprehensive Plan reiterates that residential land uses are not desirable in the Airport Support Area. Business and industrial uses should be the primary land use. APPENDIX I - AREA PLANS Senseny/Eastern Frederick Urban Area Plan 14 Other recommendations from the residential group:  Utilize additional municipal land uses adjacent to the Frederick County Landfill as a buffer to non-compatible land uses, particularly residential.  Provide for additional institutional opportunities in the southern part of the study area, west of Route 522.  Consider another community college presence within this area plan.  Establish a linear park area east of existing Greenwood Road, and a new park area west of the Justes Drive School cluster.  Supply additional locations for C & I land uses in the areas identified which are adjacent to transportation corridors and urban centers. These include: o An area of commercial and light industrial north of Route 7, buffered by higher density residential to the east, transitioning to existing school uses. o An area of medical office uses adjacent to and east of proposed Senseny Road Urban Center. o An area of commercial and employment land uses with significant office space availability north of Crosspointe Urban Center buffering into the high density residential areas.  An area of commercial and employment land use with significant office space availability north of the Crosspointe Urban Center buffering the high density residential areas. Business Development Land Uses Parkins Mill Economic Development Area The Parkins Mill Economic Development Area is intended to be a significant area of commercial and industrial use that is fully supportive of the Winchester – Frederick County Economic Development Commission’s targeted goals and strategies. The intent of the mixed use designation is to further enhance the County’s commercial and industrial areas and to provide focus to the County’s future regional employment centers. This area has been established to be a progressive location for economic development opportunities in eastern Frederick County. Targeted businesses include:  Defense and Advanced Security  Life Sciences  Business Services  Assembly  Food Processing In prominent locations, office use with a mix of flexible space is encouraged. Such areas will be the entrance to clusters of industrial and commercial space, and contain distinctive architecture and site design that is aesthetically unique and attractive. It is the intent of such areas to promote a strong positive community image. In addition, this development will support businesses that encourage viable environmental practices and community oriented operating APPENDIX I - AREA PLANS Senseny/Eastern Frederick Urban Area Plan 15 philosophies. Residential land use is not compatible with this development and will not be permitted. Interstate and Highway Commercial at Routes 7 and 50 These areas of land use are located at highly visible locations on prominent interstate interchanges, and along the primary arterial roads that feed into the Interstate. They shall be designed specifically to accommodate and promote highway commercial land uses. Particular effort must be made to ensure that access management for the supporting transportation network is a key priority, as the function of the interstate and primary road network is of paramount importance. The site layout and building design should recognize the nature of the region and land plans should not focus on the minor use, but the comprehensive macro use. In addition, an enhanced area of buffer and landscaping shall be provided adjacent to the Interstate 81 right-of-way and its ramps. Corridor design recommendations are discussed later in this plan . Warrior Drive Employment and Commercial Center A major employment and commercial area is proposed primarily along the west side of future Warrior Drive and adjacent to the east side of Interstate 81. This area extends east of Warrior Drive along Airport Road. This major employment area would be centered on the proposed future interchange at Interstate 81 at Papermill Road. Supported by future high density residential areas and central to proposed urban centers, this employment center will be ideally placed to capitalize on this core location. Emphasis should be placed on quality building and site design. Other recommendations from the business development group:  New Retail/Service Land Use adjacent to the future Route 37 interchange areas with Route 522 South and Route 50 East to facilitate regional shopping opportunities.  New Retail/Service Land Use adjacent to the future realignment of Valley Mill Road and Route 7 East.  Infill Retail/Service Land Use within existing residential developments between Route 7 East and Senseny Road.  Intensive Retail and Office use lie within the Urban Center planned between Senseny Road, Greenwood Road, Inverlee Way Extension and Channing Drive Extension. This area has been incorporated into the Senseny and Greenwood Urban Center.  New Neighborhood Retail/Service and Office Land Use within the Mixed Use area planned around existing public school facilities and church facilities near Route 522 South and Justes Drive. This area has been incorporated into the Justes Drive and Evendale Urban Center.  New Employment Centers are appropriate for the land between Route 522 South and Interstate 81 adjacent to the Paper Mill Road flyover bridge and the future Battaile Drive interchange with Interstate 81, and the future Warrior Drive extension and Tasker Road extension. New Employment Centers are envisioned to allow for intensive Retail, Office, Flex-Tech, and/or Light Industrial Land Use in planned business APPENDIX I - AREA PLANS Senseny/Eastern Frederick Urban Area Plan 16 park settings. This area has been incorporated into the Warrior Drive Employment and Commercial Center.  A new Industrial Park is planned between Route 522 South, Route 50 East, Parkins Mill Road, and future Route 37. This area has been incorporated into the Parkins Mill Economic Development Area. The business development recommendations of this plan seek to implement the 2035 Comprehensive Plan by promoting the efficient utilization of existing and planned land areas and transportation networks. Further, the recommendations promote commercial, industrial, and employment land use areas to assure the County’s desired taxable value ratio of 25 percent commercial/industrial to 75 percent residential and other land use is achieved. The Plan provides new industrial park and employment center areas to match the Economic Development Commission’s vision for this portion of Frederick County. The plan identifies prime areas for Urban Center development to capitalize on future commercial and employment opportunities. In addition, areas are identified for neighborhood commercial retail use to accommodate existing residential communities. Existing commercial land uses are promoted that facilitate tourism and short- term visitor experiences and revenue growth. Specific Implementation Steps have been identified which would further promote business development opportunities in the Senseny/Eastern Frederick County Urban Area Plan and Frederick County in general. These include:  The creation of a Future Land Use Revenue Incentive Program that provides property owners with the ability to sell residential density rights to keep their property available for future employment, commercial, or industrial land use as recommended by the Comprehensive Policy Plan. This program would incentivize the property owner by providing a revenue income source in the near term and future revenue income when the property is zoned for employment, commercial or industrial land use.  Incentivize the property owner with automatic placement of the property into the Sewer and Water Service Area (SWSA) if a rezoning application is processed for future employment, commercial, or industrial land use.  Incentivize the property owner with County endorsement of Economic Development Access (EDA) funds and/or Revenue Sharing Funds to assist in the financing of major road infrastructure needed to serve the development project. Additionally, provide for County-managed support of the major road infrastructure projects to streamline the approval process for project design and construction management.  Incentivize the property owner through the implementation of expedited rezoning processes for future employment, commercial, or industrial land use as recommended by the Comprehensive Policy Plan. APPENDIX I - AREA PLANS Senseny/Eastern Frederick Urban Area Plan 17  The creation of new Zoning Ordinance requirements that facilitate more intensive Floor to Area Ration (FAR) and height allowances for future employment, commercial or industrial land use, especially in the urban centers.  The County should support and partner with various athletic organizations to sponsor regional or state tournaments and events using existing facilities to promote tourism in support of existing hotels, restaurants, and attractions. Corridor Design The Route 522, 50, and 7 corridor design guidelines should be reaffirmed. In addition, the following locations have been identified as priority corridor appearance and multi-modal locations:  Route 50 between Interstate 81 and Prince Frederick Drive, to include Shenandoah University and prime commercial locations.  Route 7 between Interstate 81 and Greenwood Road, to include Millbrook High School, Redbud Run Elementary School and prime commercial locations.  Senseny and Greenwood Roads and Channing Drive, to include the area encompassed by the urban center and Senseny Road in its entirety. A significant corridor appearance buffer is proposed along Route 522 similar to that established for the Route 50 West corridor in the Round Hill Land Use Plan, which consisted of a 50 foot buffer area, landscaping, and bike path. The Route 50 and 7 corridors are more urban. Sufficient right-of-way is needed and street frontage is approached differently. Transportation In support of the new areas of land use, a transportation network has been proposed which relates to the location and context of the areas of land use, promotes multi-modal transportation choices and walkability, and furthers the efforts of the Win-Fred MPO. In this study, there is a direct nexus between transportation and land use. Interstate 81, future Route 37, Route 7, Route 50, and Route 522, provide orientation for the County’s primary road system and provide new opportunities to create a transportation network which supports the future growth of the community in the right location, in this study area, generally inside future Route 37. Access Management is a significant consideration of this study and is a key element of all existing and future roads. The use of frontage roads, minor collector roads, and inter parcel connections to bring traffic to access points is promoted on the above roads. Access Management is also a key consideration on other roads within the study area; however, within a different context. APPENDIX I - AREA PLANS Senseny/Eastern Frederick Urban Area Plan 18 The study also proposes a new and extended major collector network supplemented by interconnected minor collector street network in support of a significant urban center and new areas of economic growth - Warrior Drive, Justes Drive, Channing Drive, Inverlee Way. The context of the collector road network is proposed to be significantly different, however, than that of Route 37, with the focus being placed on a more walkable and friendly street thoroughfare design. The change in context is based upon the classification of a road and to ensure compatibility with adjacent land uses and community goals. Particular attention should be paid to street network within the Urban Center. The surrounding land use, site design, and building design are features that will help create context and promote the creation of new communities, places, and focal points. Attention should also be provided to the context of the street in the immediate vicinity of existing and future schools, and the Neighborhood Village Commercial Areas to ensure that these prominent locations are safe and accessible to all modes of transportation. Bicycle and pedestrian accommodations should be fully integrated into street designs. Appropriately designed intersection accommodations should include pedestrian refuge islands and pedestrian actualized signals. More specific transportation considerations for Millbrook High School and the adjacent park areas include taking a proactive approach in creating safe interconnected routes to the park from the adjacent areas. Roundabouts should be considered as a priority preference for intersection design. Roundabouts are particularly effective when used in series. 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. Other recommendations from the transportation group:  Emphasize the role of the State and the development community in the implementation of the planned road system.  Use modeling to determine lane needs based upon build out of planned land uses, but consider plans of neighboring localities when making recommendations (for example Senseny Road where it enters the City of Winchester or Clarke County)  Consider the needs of bicycle users and pedestrians in the following ways: o Continue to plan for multi-modal street deigns that will take all users into consideration. APPENDIX I - AREA PLANS Senseny/Eastern Frederick Urban Area Plan 19 o Within residential neighborhoods, this would mean that sidewalks be used and cyclists share the roads. Use of striping that defines parking bays or cycling areas would be preferred. o On collector roadways or higher, make use of separated multi- use paths at least 10 feet in width. o Incorporate wide shoulders or bike lanes into roadways that have budgetary or right-of-way limitations. This would be viewed as a step toward the ultimate goal of a separated facility. o Make use of paved shoulders with striping on rural roadways as a long term measure. Rural roadways would be defined by traffic count or as roadways outside of the UDA that are not part of the Primary System (ex. Route 50 or 522). o Bike paths should be constructed on the same grade as the adjacent roadway. o Bike path maintenance should be addressed by adjacent property owner groups whenever possible.  Continue to enforce improved access management with redevelopment or new development. o This includes, but is not limited to, entrance location and spacing as well as traffic signal location and spacing.  Roundabout use is preferred over signalization of intersections where traffic control is needed.  Attractive median treatments (as alternative to standard grey concrete median) other than grass or other landscaping should be considered when maintenance agreements with VDOT cannot be achieved. o Treatments should be reasonably consistent  Street sections could be modified due to DCR changes specific to drainage requirements. APPENDIX I - AREA PLANS Senseny/Eastern Frederick Urban Area Plan 20 Natural Resources, Historic Resources, and Public Facilities. Natural Resources Frederick County is a community that values and protects its natural resources. Frederick County should create a green infrastructure inventory for the study area as well as the County as a whole. This inventory should guide land use and development to best preserve and protect natural resources. Developers should complete detailed environmental analysis for properties proposed for development. This information could be utilized to supplement the green infrastructure inventory. Within the Senseny/Eastern Frederick Urban Areas Plan, effort should focus on the creation of greenways, stream valley parks and stream buffers around waterways, while taking into account environmentally sensitive areas. Pedestrian facilities should be constructed that connect these features to other public facilities. Many such examples have been identified on the accompanying map. Environmental corridors should be incorporated with all development activities to ensure safe movement and protection of species and future development within the study area should take into account the natural resources located on and around their property. Businesses that utilize environmental management systems should be targeted by Frederick County. Further, developers should consider available renewable energy options with their projects. Historic Resources Frederick County is a community that recognizes and protects the historic structures and sites within the study area. Possible historic districts and significant structures have been identified and recognized. Priority sites for preservation within the study area should be identified and efforts initiated to preserve those of highest need. These include Frederick Hall/Parkins Mill Battery and the historic area around Carpers Valley Road. Increase the rehabilitation, adaptive reuse, or restoration of historic structures. Heritage tourism should be promoted within the study area. The Comprehensive Plan calls for the adaptive reuse of historic structures, future development applications that have historic resources on the property should incorporate the site into development. APPENDIX I - AREA PLANS Senseny/Eastern Frederick Urban Area Plan 21 Sensitive Natural Areas and Historic Areas are shown on the land use map for the study area. By recognizing these historic sites and structures, we are implementing the policies of the Comprehensive Plan. Other recommendations from the group:  Require archaeological surveys to be conducted prior to development, particularly any that involve battlefield areas, homesteads, Indian encampments, and waterways.  Significant structures and properties should be shown with a sensitive natural/historic designation. These NSA’s should be protected through historic districts and/or buffered from adjacent development activity.  The historic areas around Frederick Hall/Parkins Mill Battery and the historic area around Carpers Valley Road should be considered for possible historic districts.  Developments should incorporate and/or convert historic properties into recreational elements, including pedestrian trails, parks, and museums. Establish a linear historic greenway between Crosspointe (Hillandale, Carysbrooke, and the preservation park) and the fort (at Parkins Mill Battery), preserving the natural, recreational, and historical features and promoting accessibility.  Create a Historic Gateway park to Frederick County by supporting the restoration and adaptive reuse of the Millbank House in conjunction with other preservation partners.  The historic one-lane bridge located on Valley Mill Road should be maintained and preserved.  Ensure connectivity of bicycle or pedestrian transportation accommodations to existing or proposed public facilities and historic resource areas. A regional park site has been identified on Senseny Road; this site contains a potentially significant structure and one of the few remaining farming complexes within the developed area of the study area. This park should incorporate the historical farm house and contributing structure as a means to demonstrate urban agriculture. Public Facilities The need for public spaces within the study area (such as schools, neighborhood parks, and regional parks) is recognized and addressed. The accompanying maps identify general locations within the Senseny/Eastern Frederick Urban Area Plan where such facilities should be accommodated in order to ensure adequate public facilities corresponding with the growth of the community. Future school sites should be located within or near established or planned residential areas to encourage walk zones, as well as create a focus point for APPENDIX I - AREA PLANS Senseny/Eastern Frederick Urban Area Plan 22 the community. Residential land uses that complement existing public facilities and schools are encouraged. Utilities and infrastructure will be needed within the study to accommodate future growth. Frederick County needs to look at preserving the intent of the landowner when planning for public facilities while still meeting the needs of the community. Other recommendations from the group:  On any given request for development, the development community should work with all public facility providers to determine future public facility needs based upon this plan and the established standards of the public facility providers.  The Parks & Recreation Department should continue to evaluate the “ideal” park site rings that are within the 2035 Comprehensive Plan. Sites that are outside of the identified park rings should be considered if they meet the needs of the community.  A regional park is envisioned within the study area. In addition, a smaller park is envisioned within the Greenwood Urban Center that should incorporate the historical farm house and contributing structure as a means to demonstrate urban agriculture.  Urban parks and other public spaces should be constructed within or near communities. These parks should be open to the public and connected not only by road, but by various pedestrian facilities.  The 42 acre parcel owned by the landfill (old landfill site) could be considered for future use as a park.  Public access areas to the Opequon Creek should be constructed, taking into account environmentally sensitive areas.  The bicycle and pedestrian facilities shown on the map and the 2007 Win-Fred MPO Bicycle & Pedestrian Mobility Plan should be implemented.  The 2007 Win-Fred MPO Bicycle & Pedestrian Mobility Plan should be utilized as a reference for accommodation recommendations and guidelines.  Pedestrian facilities should be constructed that connect existing and future neighborhoods to school, park and library facilities to promote access and walkability. A trail or sidewalk should be provided along Greenwood Road.  Support completion of a linear recreation path encompassing the Senseny Road, Abrams Creek, Channing Drive areas.  Ensure connectivity of bicycle or pedestrian transportation accommodations to existing or proposed public facilities and historic resource areas.  Ensure connectivity with existing or proposed bicycle or pedestrian transportation accommodations wherever possible.  A pedestrian crossing over Route 7 in the Millbrook School area should be provided.  Handley Regional Library needs should be recognized and addressed within the study area. A satellite library location should be provided within the study area (similar to Bowman Library) to meet this need. APPENDIX I - AREA PLANS Senseny/Eastern Frederick Urban Area Plan 23 Frederick County Public Schools should also work with the Handley Regional Library to provide public library locations within new school locations.  Future areas for Fire & Rescue stations have been identified on the map; development proposals in these areas should take this future need into account.  The Airport has a 20 year Master Plan that outlines their ultimate expansion goals for this facility. Development proposals should not be considered on properties that fall within this planned expansion area. Also, development proposals considered within the Airport Support Area should not impact the current or future needs of the Airport.  Incompatible development should be avoided near the landfill to ensure that their operations are not impacted (i.e., residential, urban, etc.). Industrial uses may be appropriate near the landfill. A landfill support area should be created around the landfill similar to the Airport Support Area. This support area should extend 1,000 feet from the boundaries of the landfill. kj FREDERICK COUNTY LANDFILL& SUPPORT AREA GREENWOODPARK & SCHOOL GREENWOODURBAN CENTER PAPERMILLURBAN CENTERCROSS POINTEURBAN CENTER PARKINS MILLECONOMIC DEVELOPMENT AREA AIRPORT AIRPORT SUPPORTAREA S u l p h er S p r i n g Run As h H o l l o w Ru n Wrights Run H o g e R u n Opequon Creek Re d b u d R u n Lick Run Opeq u o n Cree k Red b u d Run Lick Run O p e q u o n C r e e k Town Ru n Ash Ho l l o w Run RedbudRun S u l p h e r S p r i n g s R u n Wrigh t s Run Abra m s Creek Opequon Creek Abr a m s Cre e k B u ffalo L i ck Run Abrams Creek A b r a m s C r e e k OpequonCreek L i c k R u n Opeq u o n Cree k H o g e R u n Buffa lo Lick R un O p e q u o n C r e e k OpequonCreek O p e u q o n C r e e k A b r a m s C r e e k O p e q u o n C r e e k Opeuqon Creek A b r a m s C r e e k Opequ o n Creek O p e q u o n C r e e k Wrights Run NFREDERICKPIKE COSTELLODR A M H E R S T ST MILL W O O D P I K E A PPL E P I E R I D G E R D E PARKINSMILL RD MARANTOMANOR D R ARMEL RD W PARKINSMILLRD P R I N C E F R E D E R I C K D R VALLEY MILL RD COVE R S T O N E D R MILLW O O D P I K E BROO K E R D SENSENYRD BAK E R L N PACTIVWAY V A L L E Y P I K E R I T T E R R D M I D D L E R D RT37 S M O R G A N M I L L R D BERRYVILLE AVEAPPLEVALLEYRD BERRYVILLE PIKE INDEPENDENCEDR W A R RI O R D R W O O D S M I L L R D WEEMS LN SHAW N E E D R M I L B U R N R D E J UBALEARLYDR S P L E A S A N T V A L L E Y R D AYLOR R D SULPHU R S P RING RD WJUBALEARLY DR C O L ELN B O U N D A R Y A V E LENO I R D R C A L D W E L L L N B U R N T F A C T O R Y R D RT37 N R E D B UD RD W B R O O K E R D P I N E RD SNOWDENBR I D G E B L V D TASKERRD G R E E N W O O D R D F O R T C OLLIERRD P A P E R M I L L R D PARKCENTER DR J O R D A N S P R I N G S R D B R I C K KILN RD A R B OR C T A D M I R ALB Y R D D R E D D Y S L N ST789 ST791 ST756 ST622 ST644 ST657 ST728 ST664 ST645 ST636 ST643 ST655 ST847 ST642 ST661 ST659 ST656 ST660 ST723 ST820 ST644 §¨¦81 §¨¦81 0137 01522 01522 0111 0111 01522 017 0137 0150 kj Future Route 37 ramps to be adjusted to align with future relocated Valley Mill Road. !(Proposed Interchanges Eastern Road Plan New Major Arterial Improved Major Arterial New Minor Arterial Improved Minor Arterial New Major Collector Improved Major Collector New Minor Collector Improved Minor Collector Ramp Roundabout Trails 0 0.5 1 1.50.25 Miles µ 2035 Comprehensive Policy Plan Map Adopted January 25, 2017 Senseny/Eastern Frederick Land Use Plan Area Plan Urban Development Area Future Rt 37 BypassSewer and Water Service Area Land Use Legend Industrial Employment Airport Support Area B2 / B3 Mixed-Use Mixed Use Industrial \ Office Residential, 4 u/a High-Density Residential, 6 u/a High-Density Residential, 12-16 u/a Mixed-Use/High-Density Residential, 12-16 u/a Institutional Urban Center Rural Area Interstate Buffer Natural Resources & Recreation Park Landfill Support Area kj S u l p her S p r i n g Run As h H o l l o w Ru n H o g e R u n R e d b u d R u n Opequon Creek Lick Run Lick Run O p e q u o n C r e e k Wrights R u n Red b u d Run Lick Ru n O p e q u o n C r e e k Town Ru n Ash Ho l l o w Run Op e q u o n C r e e k RedbudRun SulpherSpringsRun Wrig h t s Run Abra m s Creek OpequonCreek Buffalo LickRun O pequon C reek Abrams Creek A b r a m s C r e e k OpequonCreek Abra m s Cree k Opeq u o n Cree k W r i g h t R u n HogeRun Buffa lo Lick R un O p e q u o n C r e e k Op e q u o n Cre e k O p e u q o n C r e e k A b r a ms C r e e k O p e q u o n C r e e k Opeuqon Creek A b r a m s C r e e k Opequ o n Creek Opeq u o n Cree k N FRED E R I C K P I K E COSTELLODR A M H E R S T ST MILL W O O D P I K E A PPL E P I E R I D G E R D E PARKINSMILL RD MARANTOMANOR D R VICTO R Y R D ARMEL RD W PARKINS MILLRD P R I N C E F R E D E R I C K D R VALLEYMILL RD COVE R S T O N E D R BROO K E R D SENSENYRD BAK E R L N V A L L E Y P I K E RT37 S M O R G A N M I L L R D M I D D L E RD BERRYVILLE AVE APPLEVALLEYRD BERRYVILLE PIKE W A R R I O R D R W O O D S M I L L R D WEEMS LN WHIT E O A K R D SHAW N E E D R M I LB U R N R D E J UBALEARLYDR S P L E A S A N T V A L L E Y R D AYLOR R D WJUBALEARLY DR C O L ELN SHAD Y E L M R D B O U N D A R Y A V E C A L D W E L L L N B U R N T F A C T O R Y R D AIRPORT R D RT37 N R E D B UD RD W B R O O K E R D P I N E RD F R O N T R O Y A L P I K E TASKERRD G R E E N W O O D R D F O R T C OLLIERRD P A P E R M I L L R D PARKCENTE R DR B R I C K KILN R D A R B OR C T A D M I R ALB Y R D D R E D D Y S L N ST791 ST756 ST644 ST622 ST657 ST728 ST664 ST645 ST643 ST655 ST847 ST642 ST636 ST661 ST659 ST656 ST660 ST723 ST820 ST644 0137 01522 01522 0111 0111 01277 01522 017 0137 0150 §¨¦81 §¨¦81 Senseny/Eastern Frederick Land Use Plan Transportation Map Area Plan µ 2035 Comprehensive Policy Plan Map Adopted January 25, 2017 kj Future Route 37 ramps to be adjusted to align with future relocated Valley Mill Road. !(Proposed Interchanges New Major Arterial Improved Major Arterial New Minor Arterial Improved Minor Arterial New Major Collector Improved Major Collector New Minor Collector Improved Minor Collector Ramp Roundabout 0 0.5 10.25 Miles Urban Development Area Future Rt 37 BypassSewer and Water Service Area kj S u l p her S p r i n g Run As h H o l l o w Ru n H o g e R u n R e d b u d R u n Opequon Creek Lick Run Lick Run O p e q u o n C r e e k Wrights R u n Red b u d Run Lick Ru n O p e q u o n C r e e k Town Ru n Ash Ho l l o w Run Op e q u o n C r e e k RedbudRun SulpherSpringsRun Wrig h t s Run Abra m s Creek OpequonCreek Buffalo LickRun O pequon C reek Abrams Creek A b r a m s C r e e k OpequonCreek Abra m s Cree k Opeq u o n Cree k W r i g h t R u n HogeRun Buffa lo Lick R un O p e q u o n C r e e k Op e q u o n Cre e k O p e u q o n C r e e k A b r a ms C r e e k O p e q u o n C r e e k Opeuqon Creek A b r a m s C r e e k Opequ o n Creek Opeq u o n Cree k N FRED E R I C K P I K E COSTELLODR A M H E R S T ST MILL W O O D P I K E A PPL E P I E R I D G E R D E PARKINSMILL RD MARANTOMANOR D R VICTO R Y R D ARMEL RD W PARKINS MILLRD P R I N C E F R E D E R I C K D R VALLEYMILL RD COVE R S T O N E D R BROO K E R D SENSENYRD BAK E R L N V A L L E Y P I K E RT37 S M O R G A N M I L L R D M I D D L E RD BERRYVILLE AVE APPLEVALLEYRD BERRYVILLE PIKE W A R R I O R D R W O O D S M I L L R D WEEMS LN WHIT E O A K R D SHAW N E E D R M I LB U R N R D E J UBALEARLYDR S P L E A S A N T V A L L E Y R D AYLOR R D WJUBALEARLY DR C O L ELN SHAD Y E L M R D B O U N D A R Y A V E C A L D W E L L L N B U R N T F A C T O R Y R D AIRPORT R D RT37 N R E D B UD RD W B R O O K E R D P I N E RD F R O N T R O Y A L P I K E TASKERRD G R E E N W O O D R D F O R T C OLLIERRD P A P E R M I L L R D PARKCENTE R DR B R I C K KILN R D A R B OR C T A D M I R ALB Y R D D R E D D Y S L N ST791 ST756 ST644 ST622 ST657 ST728 ST664 ST645 ST643 ST655 ST847 ST642 ST636 ST661 ST659 ST656 ST660 ST723 ST820 ST644 §¨¦81 §¨¦81 0137 01522 01522 0111 0111 01277 01522 017 0137 0150 Senseny/Eastern Frederick Land Use Plan Transportation w/Trails Map Area Plan µ 2035 Comprehensive Policy Plan Map Adopted January 25, 2017 kj Future Route 37 ramps to be adjusted to align with future relocated Valley Mill Road. !(Proposed Interchanges Eastern Road Plan New Major Arterial Improved Major Arterial New Minor Arterial Improved Minor Arterial New Major Collector Improved Major Collector New Minor Collector Improved Minor Collector Ramp Roundabout Trails 0 0.5 10.25 Miles Urban Development Area Future Rt 37 BypassSewer and Water Service Area kj FREDERICK COUNTY LANDFILL& SUPPORT AREA GREENWOODPARK & SCHOOL GREENWOODURBAN CENTER PAPERMILLURBAN CENTERCROSS POINTEURBAN CENTER PARKINS MILLECONOMIC DEVELOPMENT AREA FREDERICK HALLPARKINS MILL BATTERYHISTORIC AREAHISTORIC GREENWAY CARPERS VALLEY RDHISTORIC AREA CEMETERYPARK VALLEY MILLHISTORIC AREA MILLBANK HISTORICGATEWAY AIRPORT SUPPORTAREA AIRPORT S u l p her S p r i n g Run As h H o l l o w Ru n H o g e R u n Opequon Creek R e d b u d R u n Lick Run Lick Run Opeq u o n Cree k Wrights R u n Red b u d Run Lick Ru n O p e q u o n C r e e k Town Ru n Ash Ho l l o w Run RedbudRun Wrig h t s Run Abra m s Creek OpequonCreek Buffalo LickRun O pequon C reek Abrams Creek A b r a m s C r e e k OpequonCreek Abra m s Cree k Opeq u o n Cree k W r i g h t R u n HogeRun Buffa lo Lick R un O p e q u o n C r e e k Op e q u o n Cre e k O p e u q o n C r e e k A b r a ms C r e e k O p e q u o n C r e e k Ope u q o n Cree k A b r a m s C r e e k Opequ o n Creek O p e q u o n C r e e k MILLWOODPIKE N FRED E R I C K P I K E COSTELLODR A M H E R S T ST A PPL E P I E R I D G E R D MARANTOMANOR D R VICTO R Y R D ARMEL RD W PARKINS MILLRD P R I N C E F R E D E R I C K D R VALLEYMILL RD COVE R S T O N E D R M I L L W O O D P I K E BROO K E R D SENSENYRD BAK E R L N V A L L E Y P I K E RT37 S M O R G A N M I L L R D M I D D L E RD BERRYVILLE AVE APPLEVALLEYRD BERRYVILLE PIKE W A R R I O R D R W O O D S M I L L R D WEEMS LN WHIT E O A K R D SHAW N E E D R M I LB U R N R D E J UBALEARLYDR S P L E A S A N T V A L L E Y R D AYLOR R D WJUBALEARLY DR C O L ELN SHAD Y E L M R D B O U N D A R Y A V E C A L D W E L L L N B U R N T F A C T O R Y R D RT37 N R E D B UD RD W B R O O K E R D P I N E RD TASKERRD G R E E N W O O D R D F O R T C OLLIERRD P A P E R M I L L R D PARKCENTE R DR B R I C K KILN R D A R B OR C T A D M I R ALB Y R D D R E D D Y S L N §¨¦81 §¨¦81 0137 01522 01522 0111 0111 01277 01522 017 0137 0150 ST791 ST756 ST644 ST622 ST657 ST728 ST664 ST645 ST643 ST655 ST847 ST642 ST636 ST661 ST659 ST656 ST660 ST723 ST820 ST644 Senseny/Eastern Frederick Land Use Plan Historic and Natural Resources Area Plan µ 2035 Comprehensive Policy Plan Map Adopted January 25, 2017 kj Future Route 37 ramps to be adjusted to align with future relocated Valley Mill Road. !(Proposed Interchanges Eastern Road Plan New Major Arterial Improved Major Arterial New Minor Arterial Improved Minor Arterial New Major Collector Improved Major Collector New Minor Collector Improved Minor Collector Ramp Roundabout Trails 0 0.5 10.25 Miles Urban Development Area Future Rt 37 BypassSewer and Water Service Area Facilities ³n Existing Elementary ³n Existing High School ³n Existing Middle School ³n Future Elementary ³n Existing Vocational School [j Future Park !Ä Existing Airport ¥L¤ Armory &% Existing Community Center Facility 89:s Existing Fire Station!; Existing Landfill !b ¦© Existing Public Safety [j Existing Park #Historic Rural Landmarks Environmentally Sensitive Areas Land Institutional Interstate Buffer Park Natural Resources & Recreation Landfill Support Area Possible Historic District Possible Fire Station ST. PAUL’S ON THE HILL 2018 COMPREHENSIVE POLICY PLAN AMENDMENT March 1, 2018 TM #54-A-128 Red Bud Magisterial District Frederick County, Virginia Current Owner: Trustees of St. Paul’s on the Hill Episcopal Church Contact Person: Evan Wyatt, Director of Land Planning Greenway Engineering, Inc. 151 Windy Hill Lane Winchester, VA 22602 Project #6387W/CPPA Amendment 1 March 1, 2018 COMPREHENSIVE POLICY PLAN AMENDMENT 2018 INITIATION REQUEST FORM Owner(s) Information: Name: Trustees of St. Paul’s on the Hill Episcopal Church Project Name: St. Paul’s on the Hill Comprehensive Policy Plan Amendment Mailing Address: 1527 Senseny Road Winchester, VA 22602 Telephone Number: (540) 667-8110 Authorized Agent Information: Name: Greenway Engineering, Inc. – Attn. Evan Wyatt, Director of Land Planning Project Name: St. Paul’s on the Hill Comprehensive Policy Plan Amendment Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Telephone Number: (540) 662-4185 Legal Interest in the Property Affected or Reason for the Request: Legal Interest: Trustees of St. Paul’s on the Hill Episcopal Church (Instrument No. 170008658) Reason for Request: The purpose of the Comprehensive Policy Plan Amendment request is to revise the Senseny/Eastern Frederick Land Use Plan future land use designation of the subject parcel from Institutional to Urban Center to allow for the development of a mixed-use project consisting of a new church facility that is connected to a multifamily structure providing affordable senior housing for the community. SECTION 1 – FOR A MAP AMENDMENT Proposed Comprehensive Policy Plan Amendment Information: PIN(s): 54-A-128 Magisterial District: Red Bud District Project #6387W/CPPA Amendment 2 March 1, 2018 Parcel Size (approximate acres): The subject parcel (Tax Map Parcel 54-A-128) is 4.971 acres in total size as depicted on the ALTA/NSPS Land Title Survey prepared by Painter-Lewis, PLC dated August 23, 2017. Plat of area proposed for CPPA amendment, including metes and bounds description: Please refer to the Christ Episcopal Church Frederick Parish ALTA/NSPS Land Title Survey prepared by Painter-Lewis, PLC dated August 23, 2017; as well as Property Deed – DB 285 PG 416 for information pertaining to the subject parcel. Existing Comprehensive Plan Land Use Classification(s): Institutional Proposed Comprehensive Plan Land Use Classification(s): Urban Center Existing Zoning and Land Use of the Subject Parcel: The subject parcel is zoned RP, Residential Performance District and is developed as St. Paul’s on the Hill Christ Episcopal Church. What Use/Zoning will be requested if Amendment is approved? The subject parcel with be redeveloped as a mixed-use project consisting of a new church facility that is connected to a multifamily structure providing affordable senior housing for the community. The subject parcel is zoned RP, Residential Performance District; therefore, a new zoning designation is not necessary for the proposed land use. However, the ability to develop a multifamily structure in the RP, Residential Performance District requires the parcel to be classified as Urban Center in the Comprehensive Policy Plan. Describe, using Text and Maps as Necessary, the Existing Zoning, Comprehensive Policy Plan Designations, and/or Approved Uses and Densities Along with Other Characteristics of Properties that are Within 1/4 Mile from the Parcel(s) Perimeter if the Parcel is Less than 20 acres in Size: Please refer to the attached Zoning Map ¼-Mile Radius Exhibit that identifies the various properties that meet this distance criteria. The following information describes existing and future land use characteristics within this radius boundary:  Properties on the north side of Senseny Road (Route 657) within a ¼-mile radius of the subject parcel are zoned RP, Residential Performance District, and B-1, Neighborhood Business District. Project #6387W/CPPA Amendment 3 March 1, 2018  Properties on the south side of Senseny Road (Route 657) within a ¼-mile radius of the subject parcel are zoned RP, Residential Performance District, B-1, Neighborhood Business District, and RA, Rural Areas District (Ambrose Farm).  All properties within a ¼-mile radius of the subject parcel are located within the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA).  Properties on the north side of Senseny Road (Route 657) within a ¼-mile radius of the subject parcel are identified as Residential, 4U/A, Urban Center, and as Institutional (Northwestern Regional Educational Programs - NREP parcel).  Properties on the south side of Senseny Road (Route 657) within a ¼-mile radius of the subject parcel are identified as 4U/A and as Urban Center including all properties fronting along Senseny Road directly across from the subject parcel; as well as all parcels between Boundary Avenue and Greenwood Road (Route 656).  Properties on the north side of Senseny Road (Route 657) within a ¼-mile radius of the subject parcel are developed as single-family detached residential, townhouse residential, garden apartment residential, and commercial service land uses. The immediate adjoining properties are developed as townhouse residential, garden apartment residential and as Northwestern Regional Educational Programs (NREP) land uses.  Properties on the south side of Senseny Road (Route 657) within a ¼-mile radius of the subject parcel are developed as single-family detached residential, apartment residential, commercial service, fraternal organization and agricultural (Ambrose Farm) land uses.  The Greenwood Volunteer Fire & Rescue Company and the Greenwood Citizens Convenience Center are located within 0.85 miles of the subject parcel.  The Orrick Commons Commercial Center and the CVS Pharmacy are located within 0.85 miles of the subject parcel. The Name, Mailing Address, and Parcel Number of all Property Owners Within 200’ of the Subject Parcel(s), with Adjacent Property Owners Affidavit: Please refer to the attached Adjoining Property Owner Map Exhibit and Adjoining Property Owner Table Exhibit that provides the location and applicable contact information for all properties within 200’ of the subject parcel. SECTION 2 – FOR A TEXT AMENDMENT The St. Paul’s on the Hill Comprehensive Policy Plan Amendment does not propose to incorporate a Text Amendment for consideration by the County. Project #6387W/CPPA Amendment 4 March 1, 2018 SECTION 3 – FOR ALL AMENDMENTS Justification of Proposed Comprehensive Policy Plan Amendment (Provide Attachments if Necessary). Describe why the Change to the Comprehensive Policy Plan is Being Proposed: The St. Paul’s on the Hill Comprehensive Policy Plan Amendment will allow for the subject parcel to be redeveloped as a mixed-use project consisting of a new church facility that is connected to a multifamily structure providing affordable senior housing for the community. St. Paul’s is a mission congregation and has identified a need for affordable housing options for seniors within the community. The mixed-use project will require the existing church facility that was constructed in 1967 to be removed, and proposes the development of a new church facility that is connected to a four-story multifamily structure that will provide 59 one-bedroom apartment units and 11 two-bedroom apartment units for independent senior living. The 4.97± acre subject parcel is zoned RP, Residential Performance District; therefore, a new zoning designation is not necessary for the proposed land use. However, the ability to develop a multifamily structure in the RP, Residential Performance District requires the parcel to be classified as Urban Center in the Comprehensive Policy Plan. The Senseny/Eastern Frederick Land Use Plan (SEFLUP) identifies the subject parcel as Institutional that reflects the existing land use conditions. The SEFLUP identifies Urban Center land use for the adjoining property and other properties fronting long the north side of Senseny Road to Williamson Road; as well as all properties fronting along the south side of Senseny Road (Route 657) between Boundary Avenue and Greenwood Road (Route 656), which includes all properties directly across Senseny Road from the subject parcel. The SEFLUP states that Urban Center commercial and residential mix of land uses shall have a strong street presence and shall relate to existing and planned road infrastructure; and that land use and/or building types could include community oriented types such as civic, religious, fraternal or institutional uses in addition to commercial and residential uses. The St. Paul’s on the Hill Comprehensive Policy Plan Amendment conforms to the future land use and building type envisioned for Urban Center land use. St. Paul’s has worked with Winks-Snowa Architects, PC to prepare structural elevations of the mixed-use project in order to assist the community and decision makers with this vision. Two exhibits are included as information with this application that provide an elevation of the church and multifamily structure; as well as a street elevation as the project would be viewed from Senseny Road. The immediate adjacent properties include the Northwestern Regional Educational Programs (NREP) facility, townhouse and garden apartment residential, and an undeveloped commercial property. The reclassification of Urban Center specific to the 4.97± acre subject parcel would be consistent with other properties immediately adjacent, directly across Senseny Road, and within close proximity of the site. The mixed-use project would be compatible with immediate adjoining property land uses and would have a strong street presence along Senseny Road. These factors support and justify the Urban Center classification specific to the St. Paul’s on the Hill parcel. Project #6387W/CPPA Amendment 5 March 1, 2018 How would the Resultant Changes Impact or Benefit Frederick County? Consider, for example, Transportation, Economic Development and Public Facilities: The 4.97± acre subject parcel is zoned RP, Residential Performance District and can be developed at a density of 10 dwelling units per acre based on current Zoning Ordinance standards. Therefore, impacts and benefits to Frederick County have been compared specific to the proposed 70 independent senior living apartment units described in this application and the redevelopment of the subject parcel for 49 townhomes that could be constructed “by-right”. Transportation The following table provides a comparison of the traffic generation rates specific to the proposed 70-unit affordable elderly apartment project and the 49 townhouse units that could be developed by-right. The values used from this comparison were obtained from the Institute of Traffic Engineers (ITE) Trip Generation Manual, 9th Edition, which is the source currently utilized by VDOT and Frederick County for transportation impact analysis. Weekday Average Daily Traffic Volume Comparison Land Use ITE ADT Rate Unit Numbers Totals Single-Family Attached (Townhouse) 210 9.52 49 467 ADT Senior Adult Housing Attached 252 3.44 70 240 ADT Weekday AM Peak Hour Traffic Volume Comparison Land Use ITE AM Peak Hour Rate Unit Numbers Totals Single-Family Attached (Townhouse) 210 0.77 49 38 Peak Hour Trips Senior Adult Housing Attached 252 0.39 70 27 Peak Hour Trips Project #6387W/CPPA Amendment 6 March 1, 2018 Weekday PM Peak Hour Traffic Volume Comparison Land Use ITE PM Peak Hour Rate Unit Numbers Totals Single-Family Attached (Townhouse) 210 1.0 49 49 Peak Hour Trips Senior Adult Housing Attached 252 0.35 70 25 Peak Hour Trips The above tables demonstrate a reduced impact to transportation for average daily traffic volumes (227 less vehicle trips or a 49% reduction) and for AM/PM Peak Hour volumes (29% reduction for AM Peak and 49% reduction for PM Peak) comparing the proposed 70-unit affordable elderly apartment project to the 49 townhouse units that could be developed by-right. The subject parcel has approximately 250’ of frontage along Senseny Road (Route 657) and is currently served by a single entrance. The mixed-use development project is intended to be served by the same entrance; therefore, there will not be additional points of access onto Senseny Road. Economic Development The St. Paul’s on the Hill mixed-use development is not an economic development project that provides revenue to Frederick County other that real estate and personal property taxes that would be assessed specific to the residential component of the project. St. Paul’s is a mission congregation and has identified a need for affordable housing options for seniors within the community that is not being provided by the development community. The mixed-use development project will provide housing opportunities that will benefit this segment of the community’s population. Water and Sewer Capacities The 4.97± acre subject parcel is located within the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA); therefore, the St. Paul’s on the Hill Comprehensive Policy Plan Amendment does not require consideration for extension of the UDA and/or the SWSA Boundary. The St. Paul’s on the Hill mixed-use development proposes the development of a new church facility that is connected to a multifamily structure providing 70 independent senior living apartment units that include 59 one-bedroom apartment units and 11 two-bedroom apartment units within a single multifamily residential structure. Greenway Engineering has analyzed the water and sewer capacity requirements for the mixed-use development project and has determined that an average daily demand of 16,200 GPD will be required for water and sewer service. Project #6387W/CPPA Amendment 7 March 1, 2018 Public Schools The St. Paul’s on the Hill mixed-use development project will provide affordable housing options for seniors within the community that will not create an impact to Frederick County Public Schools. The 49 townhouses that could be developed by-right would generate 14 students on average based on the students/household calculation utilized by the Frederick County Public Schools Planning Division. Therefore, the St. Paul’s on the Hill mixed-use development project would be a beneficial land use to the County compared to the by-right land use allowance specific to Public School Services. Fire and Rescue The development of residential land use on the 4.97± acre subject parcel will create an impact to Fire and Rescue Services provided by the County. The 70 independent senior living apartment units are projected to house 85 persons; whereas the 49 by-right townhouses are projected to house 128 persons (based on a 2.62 persons/household calculation derived from the 2017/2018 Frederick County Budget Document). The subject parcel is located approximately 0.85 miles from the Greenwood Volunteer Fire and Rescue Company, which allows for appropriate emergency response time from the first due company. Additionally, a few years ago, the County Volunteer Fire and Rescue Companies agreed to establish a fee-for-services program that was intended to provide revenue recovery for ambulatory services from insurance reimbursements to assist in the mitigation of this impact. The St. Paul’s on the Hill mixed-use development project is planned to provide 70 independent senior living apartment units that include 59 one-bedroom apartment units and 11 two-bedroom apartment units within a single multifamily residential structure. The multifamily residential structure will have a sprinkler system throughout the facility that will assist with fire suppression. The multifamily residential structure will have elevator access for all occupied floors that will assist with ambulatory service needs. These design considerations are intended to assist in the mitigation of impacts to emergency services specific to the proposed land use. Parks and Recreation The St. Paul’s on the Hill mixed-use development project will provide affordable housing options for seniors within the community that will not create an impact to Frederick County Parks and Recreation Services provided by the County. Operations specific to the proposed project include an on-site manager that is responsible for providing activities that promote socialization, health and wellness activities within the facility. The 70 independent senior living apartment units are projected to house 85 persons; whereas the 49 by-right townhouses are projected to house 128 persons. The proposed project will not create programming or recreational space needs compared to the by-right land use. 2018 Comprehensive Policy Plan Application Information  Application Signatures Page  Subject Property Owners Affidavit  Special Limited Power of Attorney Signature Pages  Comprehensive Policy Plan Amendment Application Fee  Adjoining Property Owner Map & Table Exhibits WILLIAM S O N P L K A S S I E L N B O U N D A R Y A V E C R E S T L E I G H D R STAFFORD DR W I L L I A M S O N R D ABBEY RD FAI R F I E L D D R H U N T E R S R I D G E R D CART E R P L M E A D E D R SENSEN Y R D FO X B U R Y L N WINT E R B E R R Y C T U N D E R W O O D L N MA S S I E D R VILLA G E C T RI D G E R D O L C H F G S E R Q D P A B N M K J I 54 A 128 Map Data Source: Frederick County, Va. GIS Department, 2017 Data C. P . P . A . S U R R O U N D I N G P R O P E R T I E S RE D B U D M A G I S T E R I A L D I S T R I C T ST . P A U L ' S O N T H E H I L L FR E D E R I C K C O U N T Y , V I R G I N I A DA T E : 2 0 1 8 - 0 3 - 0 1 PR O J E C T I D : 6 3 8 7 W DE S I G N E D B Y : D W E SC A L E : 1 I n c h = 2 0 0 F e e t Legend St. Paul's On The Hill Parcels Within 200 Feet of St Paul's Episcopal Church Parcel Boundary 200 0 200 Feet µ ST . P A U L ' S O N T H E H I L L CO M P R E H E N S I V E P O L I C Y P L A N A M E N D M E N T SU R R O U N D I N G P R O P E R T I E S WI T H I N 2 0 0 F E E T WI T H I N 2 0 0 F E E T St. Paul's On The Hill Properties Within 200 Feet, Including Subject Property Label Tax Map Number Owner Mailing Address City & State ZIP A 54 A 127B TISINGER BILLY J TRUSTEE PO BOX 368 WINCHESTER, VA 22604 B 54 A 127C SUMMIT COMMUNITY BANK, ATTN: DEBT MANAGEMENT PO BOX 179 MOOREFIELD, WV 26836 C 54 A 127F TISINGER BILLY J. TRUSTEE, C/O J T ANDERSON PO BOX 368 WINCHESTER, VA 22604 D 54 A 128 EPISCOPAL CHURCH 1527 SENSENY RD WINCHESTER, VA 22602 E 54 A 129 FREDERICK COUNTY SCHOOL BOARD, OF VIRGINIA PO BOX 3508 WINCHESTER, VA 22604 F 54C 12 C 55 SANTUCCI CEASAR J 212 MEADE DR WINCHESTER, VA 22602 G 54C 12 C 56 OLIEN WILLIAM C, OLIEN MARY ELLEN 211 MEADE DR WINCHESTER, VA 22602 H 54C 12 C 57 KULP ANDREW P, KULP EMILY R 209 MEADE DR WINCHESTER, VA 22602 I 54E 7 25B HAMILTON CARRIE C 1562 SENSENY RD WINCHESTER, VA 22602 J 54E 7 26 WEIGAND II SAMUEL P 1548 SENSENY RD WINCHESTER, VA 22602 K 54E 7 27 ZEB LLC, C/O SUSAN PERRY 603 S 6TH ST FERNANDINA BEACH, FL 32034 L 54E 7 28 CROSBY CHARLES, CROSBY KRISTIN 1532 SENSENY RD WINCHESTER, VA 22602 M 54E 7 29 THE COUNTRY STORE LLC PO BOX 2247 WINCHESTER, VA 22604 N 54E 7 30 BANK OF CLARKE COUNTY PO BOX 391 BERRYVILLE, VA 22611 O 54E 9 E 4 JACKSON MARTHA L 115 WILLIAMSON RD WINCHESTER, VA 22602 P 54E 9 E 5 HARTMAN CLAYTON R, HARTMAN TERESA R 117 WILLIAMSON RD WINCHESTER, VA 22602 Q 54E 9 E 6 MUNOZ SARAH A 119 WILLIAMSON RD WINCHESTER, VA 22602 R 54E 9 E 7 CROCKER LARRY KEITH SR, CROCKER BEATRICE LOUISE 121 WILLIAMSON RD WINCHESTER, VA 22602 S 54E 9 E 8 REYES DAVID E COTO, DE PAZ CLAUDIA C CHAVEZ 123 WILLIAMSON RD WINCHESTER, VA 22602 Source: Frederick County GIS, 2017 Data Page 1 of 1 2018 Comprehensive Policy Plan Amendments Exhibits  Aerial Overview Exhibit – Adjoining Land Use  Proposed Land Use Revision – Tax Map Parcel 54-A-128  Current Long Range Land Use Exhibit ¼-Mile From Subject Parcel  Aerial Overview Exhibit ¼-Mile From Subject Parcel  Zoning Map Exhibit ¼-Mile From Subject Parcel  Water & Sewer Exhibit ¼-Mile From Subject Parcel 54 A 128 SENSEN Y R D W I L L I A M S O N R D MASSIE D R WIL L I A M S O N R D K A S S I E L N WILLIAM S O N P L B O U N D A R Y A V E Map Data Source: Frederick County, Va. GIS Department, 2017 Data; Aerial Photo From 2017 C. P . P . A . A E R I A L O V E R V I E W E X H I B I T RE D B U D M A G I S T E R I A L D I S T R I C T ST . P A U L ' S O N T H E H I L L FR E D E R I C K C O U N T Y , V I R G I N I A DA T E : 2 0 1 8 - 0 3 - 0 1 PR O J E C T I D : 6 3 8 7 W DE S I G N E D B Y : D W E SC A L E : 1 I n c h = 1 0 0 F e e t Legend St. Paul's On The Hill Parcel Boundary 100 0 100 Feet µ ST . P A U L ' S O N T H E H I L L CO M P R E H E N S I V E P O L I C Y P L A N A M E N D M E N T AE R I A L O V E R V I E W E X H I B I T AD J O I N I N G L A N D U S E AD J O I N I N G L A N D U S E WILLIAM S O N P L K A S S I E L N B O U N D A R Y A V E ME A D E DR W I L L I A M S O N R D STAFFORD DR H U N T E R S R I D G E RD FAI R F I E L D D R C R E S T L E I G H D R ABBEY RD SENSEN Y R D FO X B U R Y L N WINT E R B E R R Y C T VILLA G E C T MA S S I E D R U N D E R W O O D L N RI D G E R D 54 A 1 2 8 Map Data Source: Frederick County, Va. GIS Department, 2017 Data C. P . P . A . P R O P O S E D L A N D U S E R E V I S I O N RE D B U D M A G I S T E R I A L D I S T R I C T ST . P A U L ' S O N T H E H I L L FR E D E R I C K C O U N T Y , V I R G I N I A DA T E : 2 0 1 8 - 0 3 - 0 1 PR O J E C T I D : 6 3 8 7 W DE S I G N E D B Y : D W E SC A L E : 1 I n c h = 2 0 0 F e e t Legend St. Paul's On The Hill Parcel BoundaryLong Range Land Use Urban Center Institutional Residential, 4 u/a 200 0 200 Feet µ ST . P A U L ' S O N T H E H I L L CO M P R E H E N S I V E P O L I C Y P L A N A M E N D M E N T PR O P O S E D L A N D U S E R E V I S I O N TA X M A P P A R C E L 5 4 - A - 1 2 8 TA X M A P P A R C E L 5 4 - A - 1 2 8 WIL L I A M S O N RD A B R A M S P O I N T E B L V D HAR O L D CT GROCERYAVE JEN I C T AZALEA LN WILLIAM S O N P L K A S S I E L N B O U N D A R Y A V E DAR B Y D R WILK I N S D R DA L E C T VILLA G E C T W I L L I A M S O N R D ARMST R O N G C I R STIR R U P CUP C I R G R E E N W O O D R D SENSEN Y R D BINGCT GREEN PARK DR LEWISCIR ORKNEY DR ABBEY RD CA H I L L E DR F A I R F I E L D D R DEWBERRY DR IDYL W O O D DR FAI R W A Y D R A R M S T R O N G P L C R E S T C I R CO U N T R Y CLU B C I R MI L A M D R C R E S T L E I G H D R M A R G A T E C T FO X B U R Y L N GLENDALECIR ALTA VISTA D R MEADOWBR O O K E P L WINT E R B E R R Y CT ME A D E D R CAR N M O R E D R P E M B R I D G E D R SHOC K E Y C I R MA S S I E D R B R A M B L E C T AT O K A D R ST E E P L E C H A S E L N G R E E N P A R K C T POTOMAC P L H A V E N T E R HU N T C R E S T C I R CART E R P L K E S W I C K C T O A K R I D G E L N MEA D E D R H U N T E R S R I D G E R D STAFFORD DR U N D E R W O O D L N C O U N T R Y C L U B C I R CO U N T R Y P A R K D R RIDGE RD §¨¦81 §¨¦81 54 A 1 2 8 Map Data Source: Frederick County, Va. GIS Department, 2017 Data C. P . P . A . C U R R E N T L O N G R A N G E L A N D U S E E X H I B I T RE D B U D M A G I S T E R I A L D I S T R I C T ST . P A U L ' S O N T H E H I L L FR E D E R I C K C O U N T Y , V I R G I N I A DA T E : 2 0 1 8 - 0 3 - 0 1 PR O J E C T I D : 6 3 8 7 W DE S I G N E D B Y : D W E SC A L E : 1 I n c h = 5 0 0 F e e t Legend St. Paul's On The Hill 1/4 - Mile Distance from St. Paul's On The Hill Parcel Boundary Winchester City LimitsLong Range Land Use Urban Center Institutional Residential, 4 u/a Interstate Buffer Natural Resources & Recreation 500 0 500 Feet µ ST . P A U L ' S O N T H E H I L L CO M P R E H E N S I V E P O L I C Y P L A N A M E N D M E N T CU R R E N T L O N G R A N G E L A N D U S E E X H I B I T 1/ 4 - M I L E F R O M S U B J E C T P A R C E L 1/ 4 - M I L E F R O M S U B J E C T P A R C E L GRE E N W O O D R D CO U N T R Y P A R K D R SENSEN Y R D G R E E N W O O D R D M I L A M D R WILK I N S D R F A I R F I E L D D R DEWBERRY DR STAFFORD DR OA K R I D G E L N A T O K A D R H U N T E R S R I D G E R D MEA D E D R WIL L I A M S O N R D U N D E R W O O D L N C R E S T L E I G H D R CO U N T R Y C L U B C I R FO X B U R Y L N B O U N D A R Y A V E K A S S I E L N WILLIAM S O N P L 54 A 1 2 8 §¨¦81§¨¦81 Map Data Source: Frederick County, Va. GIS Department, 2017 Data; Aerial Photo From 2017 C. P . P . A . A E R I A L O V E R V I E W E X H I B I T RE D B U D M A G I S T E R I A L D I S T R I C T ST . P A U L ' S O N T H E H I L L FR E D E R I C K C O U N T Y , V I R G I N I A DA T E : 2 0 1 8 - 0 3 - 0 1 PR O J E C T I D : 6 3 8 7 W DE S I G N E D B Y : D W E SC A L E : 1 I n c h = 5 0 0 F e e t Legend St. Paul's On The Hill 1/4 - Mile Distance from St. Paul's On The Hill Parcel Boundary Winchester City Limits 500 0 500 Feet µ ST . P A U L ' S O N T H E H I L L CO M P R E H E N S I V E P O L I C Y P L A N A M E N D M E N T AE R I A L O V E R V I E W E X H I B I T 1/ 4 - M I L E F R O M S U B J E C T P A R C E L 1/ 4 - M I L E F R O M S U B J E C T P A R C E L 54 A 1 2 8 §¨¦81§¨¦81 SENSEN Y R D RIDGE RD M I L A M D R G R E E N W O O D R D VIL L A G E C T STAFFORD DR F A I R F I E L D D R MASSI E D R CR E S T C I R CO U N T R Y P A R K D R OA K R I D G E L N AT O K A D R DEWBERRY DR H U N T E R S R I D G E R D WILK I N S D R MEA D E D R WIL L I A M S O N R D U N D E R W O O D L N CR E S T L E I G H D R DA R B Y D R CART E R P L K E S W I C K C T B R A M B L E C T ABBEY RD CAR N M O R E D R HU N T C R E S T C I R POTOMAC P L ORKNEY DR HA V E N T E R FAI R W A Y D R C O U N T R Y C L U B C I R G R E E N P A R K C T SHOC K E Y C I R GREEN PARK DR MEADOW B R O O K E P L D A L E C T ST E E P L E C H A S E L N FO X B U R Y L N GLENDALE CIR IDYL W O O D D R A R M S T R O N G P L LEWIS CIR ARMSTRONG CIR B O U N D A R Y A V E K A S S I E L N JEN I C T ABR A M S P O I N T E B L V D AZALEA LN WILLIAM S O N P L Map Data Source: Frederick County, Va. GIS Department, 2017 Data C. P . P . A . Z O N I N G M A P E X H I B I T RE D B U D M A G I S T E R I A L D I S T R I C T ST . P A U L ' S O N T H E H I L L FR E D E R I C K C O U N T Y , V I R G I N I A DA T E : 2 0 1 8 - 0 3 - 0 1 PR O J E C T I D : 6 3 8 7 W DE S I G N E D B Y : D W E SC A L E : 1 I n c h = 5 0 0 F e e t Legend St. Paul's On The Hill 1/4 - Mile Distance from St. Paul's On The Hill Parcel Boundary Winchester City Limits Frederick County Zoning 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) 500 0 500 Feet µ ST . P A U L ' S O N T H E H I L L CO M P R E H E N S I V E P O L I C Y P L A N A M E N D M E N T ZO N I N G M A P E X H I B I T 1/ 4 - M I L E F R O M S U B J E C T P A R C E L 1/ 4 - M I L E F R O M S U B J E C T P A R C E L [Ú [Ú [Ú [Ú [Ú [Ú [Ú [Ú [Ú [Ú [Ú[Ú[Ú [Ú [Ú[Ú [Ú[Ú [Ú[Ú [Ú[Ú[Ú[Ú[Ú[Ú[Ú[Ú [Ú[Ú [Ú[Ú [Ú[Ú [Ú [Ú[Ú [Ú[Ú [Ú[Ú [Ú [Ú[Ú[Ú [Ú[Ú [Ú[Ú [Ú[Ú [Ú[Ú [Ú[Ú[Ú[Ú[Ú [Ú [Ú [Ú[Ú[Ú [Ú[Ú [Ú [Ú [Ú[Ú[Ú[Ú[Ú[Ú [Ú[Ú [Ú[Ú[Ú [Ú [Ú [Ú [Ú [Ú [Ú [Ú [Ú [Ú[Ú [Ú [Ú[Ú[Ú[Ú[Ú[Ú[Ú [Ú[Ú[Ú[Ú[Ú [Ú [Ú [Ú [Ú [Ú[Ú [Ú [Ú [Ú [Ú [Ú [Ú [Ú [Ú[Ú[Ú [Ú [Ú [Ú [Ú [Ú [Ú [Ú [Ú [Ú [Ú[Ú[Ú[Ú [Ú[Ú [Ú [Ú AZALEA LN WILLIAM S O N P L K A S S I E L N B O U N D A R Y A V E DAR B Y D R WILK I N S D R DA L E C T VILLA G E C T W I L L I A M S O N R D ARMST R O N G C I R GR E E N W O O D R D SEN S E N Y R D LEWISCIR ORKNEY DR ABBEY RD F A I R F I E L D D R IDYL W O O D DR FAI R W A Y D R A R M S T R O N G P L C R E S T C I R CO U N T R Y CLU B C I R MIL A M D R C R E S T L E I G H D R FO X B U R Y L N GLENDALECIR ALTA VIST A D R ME A D E D R CARN M O R E D R SHOC K E Y C I R MASSIE D R B R A M B L E C T A T O K A D R POTOMAC P L H A V E N T E R HU N T C R E S T C I R CART E R P L K E S W I C K C T O A K R I D G E L N MEA D E D R H U N T E R S R I D G E R D STAFFORD DR U N D E R W O O D L N C O U N T R Y C L U B C I R CO U N T R Y PA R K D R RIDGE RD 1 in. 8 i n . 1 0 i n . 8 in. 10 in. 10 i n . 12 i n . 10 in. 8 in . 8 in. 8 in . 8 i n . 16 in. 8 i n . 16 i n . 16 in . 8 in . 16 in. 8 i n . 1 6 i n . 10 in. 8 i n . 12 in. 3 in. 8 in. 1 0 i n . 8 i n . 1 0 i n . 6 i n . 6 i n . 6 in.8 i n . 6 i n . 6 i n . 8 in. 6 i n . 12 in. 6 i n . 1 0 i n . 8 in. 8 in. 8 i n . 6 in. 6 in. 6 in. 6 in. 6 i n . 8 i n . 8in. 8 i n . 12 i n . 8 i n . 8 in. 8 i n . 6 in . 12 i n . 8 in. 8 in . 6 i n . 8 in.6 i n . 6 in. 8 i n . 8 in. 8 in. 6 in . 4 in. 3 i n . 6 in. 16 in. 8 i n . 8 i n . 8 i n . 4 i n . 2 in. 8 in. 4 i n . 1 2 i n . 8 i n . §¨¦81 §¨¦81 8 i n . G M 8 i n . G M 8 i n . G M 8 in . G M 6 in. GM 8 i n . G M 8 in. G M 8 i n . G M 8 in. G M 8 i n . G M 8 in. G M 8 i n . G M 8 in . G M 8 in. G M 6 i n . G M 8 i n . G M 8 in. GM 8 i n . G M 8 in. G M 8 i n . G M 6 i n . G M 8 i n . G M 8 in. GM 8 in . G M 8 in. GM 8 i n . G M 8 in. GM 8 in. GM 8 in. G M 8 i n . G M 8 i n . G M 8 in. G M 8 in . G M 6 i n . G M 8 in. GM 6 i n . G M 8 in. G M 8 i n . G M 8 in. G M 6 in. GM 8 in. GM 8 i n . G M 8 i n . G M 8 in. G M 8 in. GM 8 i n . G M 8 in. GM 8 i n . G M 8 i n . G M 8 i n . G M 8 in. GM 8 i n . G M 8 in. GM 54 A 1 2 8 2 in. FM 3 in. F M 12 in. FM8 in. FM 4 in. F M 30 i n . 8 i n . 30 i n . 8 i n . 8 in. 0 in . 8 i n . 0 in . 15 in . 8 in . 8 in. 0 in. 8 in . 0 in. 8 i n . 0 i n . 8 in . 0 in. 0 i n . 12 in. 8 in. 8 in. 8 in. 8 i n . 6 i n . 18 in. 8 in. 8 in. 8 i n . 8 i n . 0 in. 8 in. 8 in. Map Data Source: Frederick County, Va. GIS Department, 2017 Data C. P . P . A . W A T E R & S E W E R E X H I B I T RE D B U D M A G I S T E R I A L D I S T R I C T ST . P A U L ' S O N T H E H I L L FR E D E R I C K C O U N T Y , V I R G I N I A DA T E : 2 0 1 8 - 0 3 - 0 1 PR O J E C T I D : 6 3 8 7 W DE S I G N E D B Y : D W E SC A L E : 1 I n c h = 5 0 0 F e e t Legend St. Paul's On The Hill 1/4 - Mile Distance from St. Paul's On The Hill Parcel Boundary Winchester City Limits [Ú City Pump Station City Sewer Line City Water Line [Ú County Sewer Pump Station County Sewer Force Main County Sewer Gravity Main County Water Main 500 0 500 Feet µ ST . P A U L ' S O N T H E H I L L CO M P R E H E N S I V E P O L I C Y P L A N A M E N D M E N T WA T E R & S E W E R E X H I B I T 1/ 4 - M I L E F R O M S U B J E C T P A R C E L 1/ 4 - M I L E F R O M S U B J E C T P A R C E L 2018 Comprehensive Policy Plan Elevations Exhibits  St. Paul’s on the Hill - Senseny Road Street Elevation Exhibit  St. Paul’s on the Hill - Church and Affordable Elderly Apartment Facility Elevation Exhibit 1 2 3 4 5 6 A B C D E 1 2 3 4 5 6 ED W A R D H . W I N K S J A M E S D . S N O W A A R C H I T E C T S P . C . E X P R E S S L Y R E S E R V E S I T S C O P Y R I G H T A N D O T H E R C O M M O N L A W P R O P E R T Y R I G H T S I N A N D T O T H E S E P L A N S . T H E S E P L A N S M A Y N O T B E A L T E R E D , R E P R O D U C E D O R C O P I E D I N A N Y M A N N E R W H A T S O E V E R , N O R A R E T H E Y T O B E A S S I G N E D T O A N Y T H I R D P A R T Y , W I T H O U T F I R S T O B T A I N I N G T H E E X P R E S S W R I T T E N P E R M I S S I O N A N D C O N S E N T O F E D W A R D H . W I N K S J A M E S D . S N O W A A R C H I T E C T S P . C . 21 1 9 E A S T F R A N K L I N S T R E E T R I C H M O N D , V I R G I N I A 2 3 2 2 3 (8 0 4 ) 6 4 3 − 6 1 9 6 F A X ( 8 0 4 ) 6 4 3 − 6 1 9 0 w s a r c h @ w s − a r c h . c o m ED W A R D H . W I N K S JA M E S D . S N O W A AR C H I T E C T S P. C . WI N C H E S T E R , V I R G I N I A DATE: SHEET TITLE REVISIONS 1−24−2018 CWSA JOB NO.17−535 A2.03 BUILDING ELEVATIONS ST . P A U L ' S O N T H E H I L L PRELIMINARY NOT FOR CONSTRUCTION 2018 Comprehensive Policy Plan Plat & Deed Information  ALTA/NSPS Land Title Survey Plat Exhibit – Painter-Lewis, P.L.C.  Instrument No. 170008658  DB 285/PG 416 – Tax Map Parcel 54-A-128 2#+06'4Ä.'9+52.% C U R R E N T O W N E R : T R U S T E E S O F C H R I S T E P I S C O P A L C H U R C H . F R E D E R I C K P A R I S H , W I N C H E S T E R , V I R G I N I A D E E D B O O K 2 8 5 P A G E 4 1 6 , T M 5 4 - A - 1 2 8 . A T I T L E L E T T E R H A S B E E N P R O V I D E D B Y E D W I N B . Y O S T , A T T O R N E Y A T L A W D A T E D J U L Y 2 4 , 2 0 1 7 . T H E R E F O R E , T H I S P L A T M A Y N O T R E P R E S E N T A L L E N C U M B R A N C E S T O T H E P R O P E R T Y F R O M J U L Y 2 4 , 2 0 1 7 . T O T A L A R E A O F S U R V E Y = 4 . 9 7 1 A C . C U R R E N T L Y Z O N E D R P G E N E R A L N O T E S : T H I S S I T E F A L L S I N Z O N E X A R E A S D E T E R M I N E D T O B E O U T S I D E 0 . 2 % A N N U A L C H A N C E O F F L O O D P L A I N A S S H O W N O N T H E F L O O D I N S U R A N C E R A T E M A P ; F R E D E R I C K C O U N T Y , M A P N O . 5 1 0 6 9 C 0 2 1 7 D , P A N E L N O . 2 1 7 O F 3 7 5 E F F E C T I V E D A T E S E P T E M B E R 2 , 2 0 0 9 . P A R K I N G T A B U L A T I O N S : 3 8 R E G U L A R S P A C E S 6 H A N D I C A P S P A C E NO WETLANDS I D E N T I F I E D D U R I N G T H E P E R F O R M A N C E O F T H I S S U R V E Y . NO EVIDENCE O F C U R R E N T E A R T H M O V I N G W O R K , B U I I L D I N G C O N S T R U C T I O N O R BUILDING ADDI T I O N S . NO OBSERVED E V I D E N C E O F T H E S I T E B E I N G U S E D A S A S O L I D W A S T E D U M P , S U M P OR SANITARY L A N D F I I L L . D E S C R I P T I O N O F T H E P R O P E R T Y O F T R U S T E E S O F T H E C H R I S T E P I S C O P A L C H U R C H , F R E D E R I C K P A R I S H , W I N C H E S T E R V I R G I N I A T A X M A P N O . 5 4 - A - 1 2 8 F R E D E R I C K C O U N T Y , V I R G I N I A B e g i n n i n g a t t h e s o u t h e a s t e r n c o r n e r o f t h e t r a c t h e r e i n d e s c r i b e d s a i d p o i n t b e i n g a n i r o n r o d s e t o n t h e n o r t h e r l y r i g h t - o f - w a y l i n e o f S e n s e n y R o a d , a n d a c o r n e r t o F r e d e r i c k C o u n t y S c h o l l B o a r d . T h e n c e d e p a r t i n g s a i d n o r t h e r l y r i g h t - o f - w a y l i n e o f S e n s e n y R o a d a n d r u n n i n g w i t h s a i d F r e d e r i c k C o u n t y S c h o l l B o a r d a n d c o n t i n u i n g w i t h t h e s a m e l i n e e x t e n d e d w i t h L o t 5 6 , B l o c k C , R o l l i n g F i e l d s N 3 2 ° - 0 6 ' - 4 2 " E , p a s s i n g t h r o u g h a n i r o n r o d f o u n d a t 8 4 9 . 2 9 f e e t , 9 1 9 . 8 7 f e e t t o t a l t o a n i r o n r o d f o u n d , s a i d r o d b e i n g a c o r n e r t o P a g e - B r o o k e L a n d T r u s t . T h e n c e d e p a r t i n g s a i d s a i d L o t 5 6 , B l o c k C , R o l l i n g F i e l d s a n d r u n n i n g w i t h s a i d P a g e - B r o o k e L a n d T r u s t a n d w i t h t h e s a m e l i n e e x t e n d e d w i t h P a g e - B r o o k e L a n d T r u s t o t h e r l a n d a n d S u m m i t C o m m u n i t y B a n k S 3 5 ° - 5 0 ' - 0 7 " W , p a s s i n g t h r o u g h i r o n r o d s f o u n d a t 2 6 2 . 4 2 f e e t a n d a n a d d i t i o n a l 7 9 . 2 2 f e e t , 6 8 5 . 3 1 t o t a l t o a n i r o n r o d s e t , s a i d r o d b e i n g o n t h e a f o r e m e n t i o n e d n o r t h e r l y r i g h t - o f - w a y l i n e o f S e n s e n y R o a d . T h e n c e d e p a r t i n g s a i d S u m m i t C o m m u n i t y B a n k a n d r u n n i n g w i t h s a i d n o r t h e r l y r i g h t - o f - w a y l i n e o f S e n s e n y R o a d N 7 1 ° - 4 5 ' - 2 5 " E , 2 5 3 . 8 1 f e e t t o t h e p o i n t o f b e g i n n i n g a n d c o n t a i n i n g 4 . 9 7 1 a c r e s m o r e o r l e s s . T h i s d e s c r i p t i o n i s s u b j e c t , h o w e v e r , t o a l l e a s e m e n t s , r i g h t s - o f - w a y , a n d r e s t r i c t i o n s o f r e c o r d a n d i s t h e s a m e p r o p e r t y d e s c r i b e d i n t i t l e l e t t e r p r o v i d e d b y E d w i n B . Y o s t , P L C d a t e d J u l y 3 1 , 2 0 1 7 . S U R V E Y O R ' S C E R T I F I C A T E : T o : T r u s t e e s o f C h r i s t E p i s c o p a l C h u r c h , F r e d e r i c k P a r i s h , W i n c h e s t e r , V i r g i n i a T h i s i s t o c e r t i f y t h a t t h i s m a p o r p l a t a n d t h e s u r v e y o n w h i c h i t i s b a s e d w e r e m a d e i n a c c o r d a n c e w i t h t h e " 2 0 1 6 M i n i m u m S t a n d a r d D e t a i l R e q u i r e m e n t s f o r A L T A / N S P S L a n d T i t l e S u r v e y s , " j o i n t l y e s t a b l i s h e d a n d a d o p t e d b y A L T A a n d N S P S a n d i n c l u d e s i t e m s 1 - 7 A , 8 , 9 , 1 1 , 1 3 , 1 4 , 1 6 , 1 7 a n d 1 8 o f T a b l e A t h e r e o f . T h e f i e l d w o r k w a s c o m p l e t e d o n A u g u s t 1 8 , 2 0 1 7 . B y : D a v i d F . S p r i g g s V A L i c e n s e N o . 0 0 1 8 5 3 Side or rear setbacks. The minimum side or rear setback for any principal use orstructure shall be determined by the primary use of the adjoining parcel as follows:Adjoining Parcel Size6 acres or less 50 feetMore than 6 acres 100 feetAgricultural and Forestal District, 6 acres or less 50 feetAgricultural and Forestal District, more than 6 acres 200 feetOrchard (regardless of parcel size) 200 feet Front setbacks. The front setback for any principal use or structure shall be 60 feetfrom the property line or right-of-way of the street, road or ingress/egress easement.RA Zoning Requirements:6) PLAT AND S U R V E Y A T D E E D B O O K 2 8 5 P A G E 4 1 9 I S T H E C U R R E N T O W N E R S A C Q U I S I T I O N OF THE PROPE R T Y . I N S U F F I C I E N T P H Y S I C A L O R R E C O R D E D I N F O R M A T I O N T O A C C U R A T E L Y L O C A T E . 7) SUBJECT TO U T I L I T Y R I G H T O F W A Y T O P O T O M A C E D I S O N C O M P A N Y O F V I R G I N I A RECORDED IN D E E D B O O K 3 2 2 P A G E 3 9 9 . I N S U F F I C I E N T P H Y S I C A L O R R E C O R D E D I N F O R M A T I O N T O ACCURATELY L O C A T E . 8) ORDER BY VI R G I N I A S T A T E H I G H W A Y D E P A R T M E N T R E C O R D E D I N D E E D B O O K 3 6 8 P A G E 2 5 1 AND CERTIFIC A T E R E C O R D E D I N D E E D B O O K T O W I D E N S T A T E R T E . 6 5 7 ( S E N S E N Y R D . ) ARE SHOWN A S T H E N O R T H E R N R I G H T O F W A Y L I N E . 9) EASEMENT G R A N T E D T O T H E C I T Y O F W I N C H E S T E R R E C O R D E D I N D E E D B O O K 3 2 6 P A G E 5 6 4 IS SHOWN HER O N . 10) SUBJECT T O U T I L I T Y R I G H T O F W A Y T O N O R T H E R N V I R G I N I A P O W E R C O M P A N Y R E C O R D E D IN DEED BOOK 2 7 2 P A G E 2 9 8 . I N S U F F I C I E N T P H Y S I C A L O R R E C O R D E D I N F O R M A T I O N T O ACCURATELY L O C A T E . 11) SUBJECT T O U T I L I T Y R I G H T O F W A Y T O C H E S A P E A K E A N D P O T O M A C T E L E P H O N E C O M P A N Y O F V I R G I N I A RECORDED IN D E E D B O O K 2 7 5 P A G E 3 3 7 . I N S U F F I C I E N T P H Y S I C A L O R R E C O R D E D I N F O R M A T I O N T O ACCURATELY L O C A T E . 12) EASEMENT S G R A N T E D T O T H E C I T Y O F W I N C H E S T E R A N D S H E N A N D O A H G A S C O M P A N Y R E C O R D E D I N DEED BOOK 38 4 P A G E 3 0 3 A R E S H O W N H E R O N . EDWIN B.YOST, A T T O R N E Y A T L A W , T I T L E L E T T E R , D A T E D J U L Y 2 4 , 2 0 1 7 L I S T E D E X C E P T I O N S : SITEVICINITY MAP ~ Not to Scale D 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 MEMORANDUM TO: Frederick County Planning Commission FROM: Mark R. Cheran, Zoning Administrator RE: Continuation or Revocation of Conditional Use Permit #13-96 Hogue Creek Country Market – Public Hearing DATE: August 6, 2018 At their July 25, 2018 meeting the Frederick County Board of Supervisors directed that CUP #13- 96, Hogue Creek Country Market be presented to the Planning Commission and Board of Supervisors for potential revocation through the process described in the Frederick County Zoning Ordinance for the revocation of Conditional Use Permit (CUP). By way of background the Frederick County Board of Supervisors approved Conditional Use Permit (CUP) #13-96 Hogue Creek Country Market on December 11, 1996 to allow for an expansion of the country market on parcel 40-A-66D in the Gainesboro Magisterial District. This CUP was approved with the following conditions: 1) A site plan must be submitted and approved for the proposed addition prior to any construction activity. 2) Any future expansion of this facility or change of use will require a new conditional use permit. 3) All review agency comments and requirements must be complied with at all times. 4) At the time of site plan submittal, a buffer shall be considered along the property line of the adjoining residence which would reduce light pollution, sound pollution, and be able to catch blowing debris. 5) If an external speaker is used for the drive-in window, the volume must be controlled so it is not a noise nuisance to adjoining residences. 6) The required screening to the east of the store site may be dense low screen that would capture any blowing paper or debris that escapes from the market site. 7) The permitted hours of operation of the market will be from 5:00 A.M. to Midnight. Violation of Condition This Property was approved for a country store via Conditional Use Permit #13-96 (CUP #13-96), by the Frederick County Board of Supervisors on December 11, 1996, with the above conditions assigned to the CUP. Staff received a complaint regarding a violation of the hours of operation. The property owner was cited on April 2, 2018, for violating Condition #7 of the CUP, states hours of operation to be from 5 A.M. to Midnight. The use of the store operating after midnight is a violation of the conditions placed on Conditional Use Permit #13-96. The property owner applied to amend Condition #7 of CUP #13-96 to change the hours of operation to 24 hours, in response to a zoning violation complaint. Amending the CUP is an available remedy to this violation. The property owner submitted (CUP #07-18). At the Planning Commission meeting on June 6, 2018, citizens spoke about additional violations of the conditions assigned to the CUP. These included: Condition(s) #1 and #4. The Planning Commission voted to forward a recommendation of denial of the proposed change of the hours of operation to this CUP. The Board of Supervisors (Board) held a public hearing of CUP #07-18 to amend Condition #7 to extend the hours of operation at their July 25, 2018, meeting. Citizens spoke of additional violations of conditions assigned to CUP #13-96. These included: Conditions #1 and #4. The Board voted to deny the CUP to extend the hours of operation. Furthermore, the Board recommended revocation of CUP #13-96 due to violations of Conditions #1 and #4. The Board of Supervisors is seeking a recommendation from the Planning Commission on the revocation of CUP #13-96, Hogue Creek Country Market. § 165-103.08 Revocation. The Board of Supervisors may, by resolution, initiate the revocation of any active conditional use permit. The consideration of the revocation shall proceed following the procedure set forth for approving a new conditional use permit. Following recommendation by the Planning Commission, the Board may revoke an active conditional use permit for the following reasons: A. Failure to establish or discontinuance of the approved conditional use. If the approved conditional use has not been established within two years of its approval or if it has been discontinued for two years, the conditional use permit may be revoked. B. Repeated or continuing violations of this chapter, including violations of the conditions placed on the permit. C. Fraudulent, false or misleading information supplied by the applicant in applying for the conditional use permit. MRC/pd 40 A 66D 4747NORTHWESTERNPIKE 4771NORTHWESTERNPIKE 4827NORTHWESTERNPIKE 4765NORTHWESTERNPIKE 267MOUNTOLIVE RD 267MOUNTOLIVE RD 4729NORTHWESTERNPIKE 159DEVLAND DR 4722NORTHWESTERNPIKE 4769NORTHWESTERNPIKE 4743NORTHWESTERNPIKE 189DEVLAND DR 4789NORTHWESTERNPIKE 211DEVLAND DR 148HOGUECREEK LN 149HOGUECREEK LN 4876NORTHWESTERNPIKE 176HOGUECREEK LN 210HOGUECREEK LN231HOGUECREEK LN MOU N T O L I V E R D NO R T H W E S T E R N P I K E HOG U E C R E E K L N 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: April 30, 2018Staff: mcheran 0150 0150 HOGUE C R E E K L N NO R T H W E S T E R N P I K E S HA Y F I E L D R D PINEHILL DR HAM M A C K LN OAK DR DEVL A N D D R MOUNT OLI V E R D DAY DR CUP # 07 - 18Winchester 101, LLCPIN:40 - A - 66DConvenience StoreZoning Map 0 210 420105 Feet CUP # 07 - 18Winchester 101, LLCPIN:40 - A - 66DConvenience StoreZoning Map CUP #07-18 40 A 66D 4747NORTHWESTERNPIKE 4771NORTHWESTERNPIKE 4827NORTHWESTERNPIKE 4765NORTHWESTERNPIKE 267MOUNTOLIVE RD 267MOUNTOLIVE RD 4729NORTHWESTERNPIKE 159DEVLAND DR 4722NORTHWESTERNPIKE 4769NORTHWESTERNPIKE 4743NORTHWESTERNPIKE 189DEVLAND DR 4789NORTHWESTERNPIKE 211DEVLAND DR 148HOGUECREEK LN 149HOGUECREEK LN 4876NORTHWESTERNPIKE 176HOGUECREEK LN 210HOGUECREEK LN231HOGUECREEK LN MOU N T O L I V E R D NO R T H W E S T E R N P I K E HOG U E C R E E K L N Applications Parcels Building Footprints I Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: April 30, 2018Staff: mcheran 0150 0150 HOGUE C R E E K L N NO R T H W E S T E R N P I K E S HA Y F I E L D R D PINEHILL DR HAM M A C K LN OAK DR DEVL A N D D R MOUNT OLI V E R D DAY DR CUP # 07 - 18Winchester 101, LLCPIN:40 - A - 66DConvenience StoreLocation Map 0 210 420105 Feet CUP # 07 - 18Winchester 101, LLCPIN:40 - A - 66DConvenience StoreLocation Map CUP #07-18 E CONDITIONAL USE PERMIT #08-18 TRAILER DROP, LLC Staff Report for the Planning Commission Prepared: July 27, 2018 Staff Contact: Mark R. Cheran, Zoning Administrator Reviewed Action Planning Commission: 06/20/18 Public Hearing Held; Postponed 45 Days Planning Commission: 08/15/18 Pending Board of Supervisors: 09/12/18 Pending PROPOSAL: Request for a Conditional Use Permit (CUP) for a tractor truck and tractor truck trailer parking use. LOCATION: The subject property is located in Stonewall Industrial Park at the end of McGhee Road (Route 861), Winchester. EXECUTIVE SUMMARY AND STAFF CONCLUSIONS FOR THE 08/15/18 PLANNING COMMISSION MEETING: This is a request for a Conditional Use Permit (CUP) for a tractor truck and tractor truck trailer parking located within the Stonewall Industrial Park. This CUP use would not have any significant impacts on the adjoining properties. The 2035 Comprehensive Plan identifies this property within an area of the County intended to remain industrial in nature. This CUP should implement the policies expressed in the Comprehensive Plan, in particular , addressing future Route 37, which is a feature of the County’s Eastern Road Plan. The Planning Commission at its June 6, 2018 meeting held a public hearing on this proposed use. The Planning Commission postponed action on this item to allow the Applicant the opportunity to work with Staff on additional conditions to address construction of structures within the proposed Route 37 Right-Of-Way (R-O-W). The Planning Commission expressed that this application should address the Route 37 right-of-way in particular, it should ensure that structures associated with the future are not located in the future R-O-W. Staff has amended Condition #2 and added Condition #4 to address the concerns raised by the Planning Commission. (In bold) Should the Planning Commission find this use appropriate, Staff would recommend the following conditions be placed on the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. The site plan for this property shall be designed to accommodate the future Route 37 R-O-W. No structures shall be located within the future Route 37 R-O-W. 3. The site shall meet the requirements of the Frederick County Zoning Ordinance Section 165- 204.24 Tractor truck and Tractor truck trailer parking. Page 2 CUP #08-18, Trailer Drop, LLC July 27, 2018 4. At such time this property develops with a by-right M1 light industrial use, this conditional use permit shall be null and void. 5. Any expansion or change of use shall require a new Conditional Use Permit. Relative to the Comprehensive Plan, however, Staff notes that the conditions do not otherwise provide for the acquisition of the future Route 37 R-O-W. Following the public hearing, a recommendation regarding this Conditional Use Permit application to the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Planning Commission. Page 3 CUP #08-18, Trailer Drop, LLC July 27, 2018 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. Reviewed Action Planning Commission: 06/20/18 Public Hearing Held; Postponed 45 Days Planning Commission: 08/15/18 Pending Board of Supervisors: 09/12/18 Pending PROPOSAL: Request for a Conditional Use Permit (CUP) for tractor truck and tractor truck trailer parking use. LOCATION: The subject property is located in Stonewall Industrial Park at the end of McGhee Road (Route 861), Winchester. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 43-19-64 PROPERTY ZONING: M1 (Light Industrial) District PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: M1 (Light Industrial) Use: Industrial South: M1 (Light Industrial) Use: Industrial Use: Residential East: RA (Rural Areas) Use: Agricultural West: RA (Rural Areas) Use: Agricultural REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for this property appears to have a measurable impact on Route 861, the VDOT facility which would provide access to the property as noted in the application. This VDOT office supports this CUP request. Prior to operation of the business a commercial entrance must be constructed on McGhee Road, to our standards to allow safe ingress of the property. Any work on the State’s right-of-way must be covered under a land use permit. The permit is issued by this office and requires an inspection fee and bond surety. Frederick Water: The requested use does not propose to utilize Frederick Water’s water and sewer services. Frederick Water offer no comments. Page 4 CUP #08-18, Trailer Drop, LLC July 27, 2018 Frederick County Fire Marshal: Approved. Planning and Zoning: The Frederick County Zoning Ordinance allows for tractor truck and tractor truck trailer parking use as a conditional use in the M1 (Light Industrial) Zoning District with an approved Conditional Use Permit (CUP). This proposed tractor truck and tractor truck trailer parking lot will be located within the Stonewall Industrial Park. The 2035 Comprehensive Plan of Frederick County (“Comprehensive Plan”) is an official public document that serves as the Community's guide for making decisions regarding land use actions. The Northeast Land Use Plan (“Area Plan”) and the Eastern Road Plan of the Comprehensive Plan depicts future Route 37 on the western boundary of this property. The Area Plan is the primary implementation tool and will be instrumental to the future planning efforts of the County. A goal of the Area Plan and the County’s Eastern Road Plan is the implementation of Route 37. The Frederick County Zoning Ordinance (“Ordinance”) addresses a CUP as a land use action, (Sections 165-103.01 and 165-103.04), and as with any land use action the goals of the Comprehensive Plan should be implemented. Relative to the Comprehensive Plan, however, Staff notes that the conditions do not provide for the acquisition of the future Route 37 R-O-W. EXECUTIVE SUMMARY AND STAFF CONCLUSIONS FOR THE 06/20/18 PLANNING COMMISSION MEETING: This is a request for a Conditional Use Permit (CUP) for a tractor truck and tra ctor truck trailer parking located within the Stonewall Industrial Park. This CUP use would not have any significant impacts on the adjoining properties. The 2035 Comprehensive Plan identifies this property within an area of the County intended to remain industrial in nature. This CUP should implement the policies expressed in the Comprehensive Plan, in particular, addressing future Route 37, which is a feature of the County’s Eastern Road Plan. Should the Planning Commission find this use appropriate, Staff would recommend the following conditions be placed on the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. The site plan for this property shall be designed to accommodate the future Route 37 R-O-W. 3. The site shall meet the requirements of the Frederick County Zoning Ordinance Section 165 - 204.24 Tractor truck and Tractor truck trailer parking. 4. Any expansion or change of use shall require a new Conditional Use Permit. Relative to the Comprehensive Plan, however, Staff notes that the conditions do not provide for the acquisition of the future Route 37 R-O-W. Page 5 CUP #08-18, Trailer Drop, LLC July 27, 2018 PLANNING COMMISSION SUMMARY AND ACTION OF THE 06/20/18 MEETING: Staff began by presenting a location map of the property. Mr. Cheran reported this is a request for a Conditional Use Permit (CUP) for a tractor truck and tractor truck trailer parking located within the Stonewall Industrial Park. Staff noted, this CUP use would not have any significant impacts on the adjoining properties. Staff continued, the Zoning Ordinance allows for tractor truck and tractor truck trailer parking use as a conditional use in the M1 Zoning District with an approved CUP. Staff noted the Northeast Land Use Plan and the Eastern Road Plan of the Comprehensive Plan depicts fut ure Route 37 on the western boundary of this property. Staff presented mapping of the future Route 37 and a drawing provided by the Applicant. Mr. Cheran explained, a goal of the Area Plan and the Eastern Road Plan is the implementation of Route 37. Staff continued, the Zoning Ordinance addresses a CUP as a land use action and as with any land use action the goals of the Comprehensive Plan should be implemented. Mr. Cheran noted, the application does not provide for the acquisition of the future Route 37 right-of-way. Staff would recommend the following conditions: 1. All review agency comments and requirements must be complied with at all times. 2. The site plan for this property shall be designed to accommodate the future Route 37 R-O-W. 3. The site shall meet the requirements of the Frederick County Zoning Ordinance Section 165-204.24 Tractor truck and Tractor truck trailer parking. 4. Any expansion or change of use shall require a new Conditional Use Permit. A Commission Member requested clarification on the mapping that was presented highlighting Route 37 R-O-W. Staff explained the map shows the alignment of Route 37 and its components. The Commission Member inquired if the owner of the property could by-right construct a building on the site. Staff stated that is correct. The Commissioner asked what legal probability the County would have by not approving something being built on this property. Staff noted the land use plans would have an impact on this. The Commission Member commented, this being a gravel parking lot, there is no permanent implement there that would be in the way of building Route 37; there is no easement on the property therefore, it would increase the amount the County or State would have to pay to get the easement; he asked if that is a fair assessment. Staff responded that is a fair assumption. The Commission Member inquired if the easement dedication should possibly be made part of the conditions. Erin L. Swisshelm, Assistant County Attorney, commented it is not recommended the R-O-W dedication of Route 37 be made part of the conditions for this CUP as it would possibly not survive the legal challenge. The Commission Member noted this is confusing; it is believed it could survive a legal challenge of not allowing the Applicant to build anything on the property but could not survive a challenge of asking the R -O-W to be dedicated at a future time as part of the conditions. A Commission Member commented, we are not following the Comprehensive Plan; when we venture away from that it becomes cumbersome for all. He read “this CUP shall implement the Page 6 CUP #08-18, Trailer Drop, LLC July 27, 2018 policy expressed in the Comprehensive Plan” and that says a lot. He continued, Condition #2 the word accommodate is a very vague statement. The Commission Member continued, after Condi tion #4, “relative to the Comprehensive Plan Staff notes that the conditions are not otherwise provided for the acquisition of the future Route 37 R-O-W.” He requested clarification on this. Staff explained, the advice of the County Attorney is to recognize the importance of Route 37 and to recognize there is the opportunity for the R-O-W to be shown on the site plan and if the Applicant would choose there is the ability for that to be a component of a condition. He continued, the preferable way would be to recognize Route 37 and show that all site improvements are out of the R-O-W and Condition #2 appears to do that. He concluded, it is also important to recognize this may be a temporary use. A Commission Member commented she is concerned with the traffic in this area. Staff explained that during the site plan process a TIA maybe required. A Commission Member commented the biggest hurdle is the R-O-W for Route 37 being recognized. Staff responded in Condition #2 it states, “the site plan for this property shall be designed to accommodate the future Route 37 R-O-W.” A Commission Member shared his concern that this will be setting a precedent by allowing development in the R-O-W of Route 37; he would much rather see gravel on the site than a building. A Commission Member stated the Comprehensive Plan clearly states the Route 37 R -O-W; does this accommodate the intent of the Comprehensive Plan. A Commission Member disagreed, he feels Condition #2 takes care of the R-O-W issue. Staff explained, the Planning Commission needs to be clear on what that condition reads; the accommodation for the Route 37 R-O-W should be recognized and the site improvements should be outside of that R -O-W. He continued, the picture shown on the plan that was submitted has a clear ROW, therefore the Planning Commission’s intent on that condition would be that the improvements are only outside of the R -O-W then that’s a fair statement; it is not a dedication but recognizing all site improvements be out of the R -O-W. A Commission Member feels we are fortunate that it’s proposed to be just a gravel parking lot rather than a building on the property. Mr. Timothy Stowe of Stowe Engineering, PLC, representing the Applicant explained this is a gravel parking lot and nothing more; it will not impede the development of Route 37. Mr. Stowe continued, the Applicant received comments from Planning Staff and the Applicant feels Condition #2 needs clarity and would like it to read “the site plan for the property shows the future Route 37 R-O-W line”; that is be clear where the ROW is. Mr. Stowe noted, the drawing received is a sketch plan to accompany the CUP, and this project takes a piece of land and provides a need in the industrial park and puts this land to use. A Commission Member asked if the Applicant would be willing to put on the site plan a line that shows the future dedication of Route 37; no vertical development will occur in this zone. Mr. Stowe noted that is the intent and to keep it as parking only. A Commission Member asked if they are willing to do that, why not configure now. Mr. Stowe replied the Owner would like the benefit of using the area that is dedicated for the future R -O-W until such time Route 37 will be developed further. A property owner in the Stonewall Industrial Park came forward and requested consideration be given for a rezoning rather than a CUP. He noted, he is not in specific opposition to the Conditional Use; treat with consideration with regards to previous rezoning. Page 7 CUP #08-18, Trailer Drop, LLC July 27, 2018 A Commission Member concluded he is concerned the Applicant could build on this property rather than just a gravel parking lot and does not feel traffic will be an issue. The Commissioner noted the possibility of including something that will take care of the legal aspects while also adhering to the Comprehensive Plan. A Commission Member commented he would prefer the Planning Commission not wordsmith a condition at this point; there is an agreement to get there, given the importance of the issue to have the opportunity for the la nguage to be checked and presented with a favorable opinion from the County Attorney. A motion was made, seconded, and unanimously passed to postpone CUP #08 -18 Trailer Drop LLC for a period of 45 days. Abstain: Commissioner Oates (Note: Commissioners Marston and Triplett were absent from the meeting.) EXECUTIVE SUMMARY AND STAFF CONCLUSIONS FOR THE 08/15/18 PLANNING COMMISSION MEETING: This is a request for a Conditional Use Permit (CUP) for a tractor truck and tractor truck trailer parking located within the Stonewall Industrial Park. This CUP use would not have any significant impacts on the adjoining properties. The 2035 Comprehensive Plan identifies this property within an area of the County intended to remain industrial in nature. This CUP should implement the policies expressed in the Comprehensive Plan, in particular, addressing future Route 37, which is a feature of the County’s Eastern Road Plan. The Planning Commission at its June 6, 2018 meeting held a public hearing on this proposed use. The Planning Commission postponed action on this item to allow the Applicant the opportunity to work with Staff on additional conditions to address construction of structures within the proposed Route 37 Right-Of-Way (R-O-W). The Planning Commission expressed that this application should address the Route 37 right-of-way in particular, it should ensure that structures associated with the future are not located in the future R-O-W. Staff has amended Condition #2 and added Condition #4 to address the concerns raised by the Planning Commission. (In bold) Should the Planning Commission find this use appropriate, Staff would recommend the fo llowing conditions be placed on the CUP: 1 All review agency comments and requirements shall be complied with at a ll times. 2. The site plan for this property shall be designed to accommodate the future Route 37 R-O-W. No structures shall be located within the future Route 37 R-O-W. 3. The site shall meet the requirements of the Frederick County Zoning Ordinance Se ction 165- 204.24 Tractor truck and Tractor truck trailer parking. Page 8 CUP #08-18, Trailer Drop, LLC July 27, 2018 4. At such time this property develops with a by-right M1 light industrial use, this conditional use permit shall be null and void. 5. Any expansion or change of use shall require a new Conditional Use Permit. Relative to the Comprehensive Plan, however, Staff notes that the conditions do not otherwise provide for the acquisition of the future Route 37 R-O-W. Following the public hearing, a recommendation regarding this Conditional Use Permit application to the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Planning Commission. 43 19 64 420LENOIR DR 396TYSON DR 384TYSON DR334HANDLEY DR 657MCGHEE RD 645MCGHEE RD656MCGHEE RD 650MCGHEE RD 625MCGHEE RD MC G H E E R D Applications Parcels Building Footprints I Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: May 30, 2018Staff: mcheran 01110137WILLIAMS CIR CIV E S LN L A K E V I L L E C I R MCGH E E R D TYSO N D R HA N D L E Y D R LENO I R D R CUP # 08 - 18Trailer Drop, LLCPIN:43 - 19 - 64Tractor Truck and Tractor Truck Trailer ParkingLocation Map 0 210 420105 Feet CUP # 08 - 18Trailer Drop, LLCPIN:43 - 19 - 64Tractor Truck andTractor Truck Trailer ParkingLocation Map CUP #08-18 43 19 64 420LENOIR DR 396TYSON DR 384TYSON DR334HANDLEY DR 657MCGHEE RD 645MCGHEE RD656MCGHEE RD 650MCGHEE RD 625MCGHEE RD MC G H E 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: May 30, 2018Staff: mcheran 01110137WILLIAMS CIR CIV E S LN L A K E V I L L E C I R MCGH E E R D TYSO N D R HA N D L E Y D R LENO I R D R CUP # 08 - 18Trailer Drop, LLCPIN:43 - 19 - 64Tractor Truck and Tractor Truck Trailer ParkingZoning Map 0 210 420105 Feet CUP # 08 - 18Trailer Drop, LLCPIN:43 - 19 - 64Tractor Truck andTractor Truck Trailer ParkingZoning Map CUP #08-18