PC 04-21-10 Meeting AgendaAGENDA
FREDERICK COUNTY PLANNING COMMISSION
The Board Room
Frederick County Administration Building
Winchester, Virginia
April 21, 2010
7:00 P.M. CALL TO ORDER TAB
1) Adoption of Agenda: Pursuant to established procedures, the Planning Commission
should adopt the Agenda for the meeting................................................................ (no tab)
2) Committee Reports.................................................................................................. (no tab)
3) Citizen Comments.................................................................................................... (no tab)
PUBLIC HEARING
4) Conditional Use Permit #02-10 for Crane's Welding LLC, for a Welding Repair use.
The property is located at 1486 Bloomery Pike (Route 127), and is identified with
Property Identification Number 10-A-17 in the Gainesboro Magisterial District.
Mr. Cheran....................................................................................................................... (A)
5) Ordinance Amendment Chapter 165, Article VI Business and Industrial Zoning
Districts, Part 604 B3 Industrial Transition District — 165-604.03 Conditional Uses,
Part 606 M1 Light Industrial District — 165-606.03 Conditional Uses, Part 607 M2
Industrial General District — 165-607.03 Conditional Uses; and Article II
Supplementary Use Regulations, Parking, Buffers, and Regulations for Specific
Uses, Part 204 Additional Regulations for Specific Uses — 165-204.24 Tractor Truck
and Tractor Truck Trailer Parking - Revisions to the Frederick County Ordinance to
include truck parking in the 133, M1 and M2 Districts.
Mr. Lawrence................................................................................................................... (B)
6) Ordinance Amendment Chapter 165, Article VI Business and Industrial Zoning
Districts, Part 609 HE Higher Education District — 165-609.03 Yard and Design
Requirements, 165-609.04 Buffers and Screening, and 165-609.05 Height
Limitations - Revisions to the Frederick County Ordinance to increase the height and
revise the design requirements in the HE District.
Mr. Lawrence................................................................................................................... (C)
7) Ordinance Amendment Chapter 165, Article VI Business and Industrial Zoning
Districts, Part 606 MI Light Industrial District, 165-606.02 Allowed Uses - Revisions
to the Frederick County Ordinance to include battery manufacturing in the M1 District.
Mr. Lawrence................................................................................................................... (D)
8) Other
FILE COPY
cK = 00
CONDITIONAL USE PERMIT #02-10
w4ti Gia CRANE'S WELDING LLC
Staff Report for the Planning Commission
w Prepared: April 1, 2010
Staff Contact: Mark R. Cheran, Zoning Administrator
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on
this request. It may also be useful to others interested in this zoning matter.
Reviewed Action
Planning Commission: 04/21/10 Pending
Board of Supervisors: 05/12/10 Pending
EXECUTIVE SUMMARY: This is a request for a Welding Repair use.
Should the Planning Commission find this use appropriate, Staff would suggest the following
conditions be placed on the CUP:
1. All review agency comments and requirements shall be complied with at all times.
2. Hours of operation shall not exceed 7:00 a.m. through 7:00 p.m. Monday through
Saturday.
3. No more than five employees allowed.
4. No more than three business vehicles allowed.
5. Total building area shall not exceed 7,500 square feet.
6. All outdoor storage or repair shall be screened by a six foot board -on -board fence,
evergreen screen or berm.
7. An engineered site plan shall be submitted and approved by Frederick County, and
implemented prior to operation of this business.
8. One monument sign shall be allowed on the property; sign shall not exceed twenty-five
square feet in area. The sign shall not exceed ten feet in height.
9. Any expansion or change of use will require a new Conditional Use permit.
Following the requisite public hearing, it would be appropriate for the Planning Commission
to offer a recommendation concerning this application to the Board of Supervisors.
CUP #02-10, Crane's Welding LLC
April 1, 2010
Page 2
LOCATION: This property is located at 1486 Bloomery Pike (Route 127).
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 10-A-17
PROPERTY ZONING & PRESENT USE:
Zoned: RA (Rural Areas)
Land Use: Residential
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Areas)
South: RA (Rural Areas)
East: RA (Rural Areas)
West: RA (Rural Areas)
Land Use:
Residential
Land Use:
Residential
Land Use:
Residential
Land Use:
Residential
PROPOSED USE: This application is for a Welding Repair use.
REVIEW EVALUATIONS:
VirLyinia Department of Transportation: The application for a Conditional Use Permit for this
property appears to have little measurable impact on Route 127, the VDOT facility which would
provide access to the property. Prior to operation of the business, a commercial entrance must be
constructed to VDOT standards to allow for safe egress and ingress of the property. Any work
performed 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 & surety bond coverage.
Frederick County Fire Marshall: Plans approved as submitted.
Frederick County Inspections: Office building shall comply with The Virginia Uniform
Statewide Building Code and Section 304, use group B (Business) and the Welding shop shall
comply with Use group F, (Factory), of the International Building Code/2006. Other Code that
applies is IBC/ANSI Al 17.1-03 Accessible and Usable Buildings and Facilities. Restroom
facilities shall be provided within travel distance in accordance to the International Plumbing
Code 2006. Minimum egress shall be accessible to minimum exterior area of rescue on the
exterior. Door locations are not indicated on the plan at this time. Accessible parking and
CUP #02-10, Crane's Welding LLC
April 1, 2010
Page 3
signage shall comply with T1106.1 and USBC 1106.8. This type structure shall be subject to
special inspections according to Chapter 17 of the IBC (soils, concrete, etc.).
Frederick Countv Sanitation Authority: We do not serve this area.
Frederick -Winchester Health Department: The Health Department has no objection to the
proposal as stated -in the Conditional Use Permit application received on 1/27/10 including the
letter to this office from Derek Crane dated 2/2/10 based on the following conditions: 1) There
will be no more than five employees. 2) No more than two persons will reside in the existing
house which is served by the sewage disposal system approved on 8/26/1969 by Paul Musick for
300 gallons per day. 3) The restroom facilities at the house will be available for use by the
employees until the shop and office can be connected to the system by an approved method
(permit required). 4) The property will not be subdivided or further disturbed so that the
remainder will be available for a repair sewage disposal system if necessary.
Winchester Regional Airport: Since the Conditional Use Permit does not appear to have any
impact on the operations of the Winchester Regional Airport, we have no objections or special
conditions that will be requested.
Planning and Zoning: Welding repair businesses are permitted in the RA (Rural Areas) Zoning
District with an approved Conditional Use Permit (CUP). This proposed use will be conducted
in a newly constructed building approximately 3,600 square feet in size. This proposed use will
have no more than five employees. There will be three vehicles with this proposed use. There
will be limited customers to this site as the majority of the business is contracted off site. The
adjoining properties are zoned RA, with the nearest structures from this proposed use being more
than 100 feet.
STAFF CONCLUSIONS FOR THE 04/21/10 PLANNING COMMISSION MEETING:
Should the Planning Commission find this use appropriate, Staff would recommend the
following conditions:
1. All review agency comments and requirements shall be complied with at all times.
2. Hours of operation shall not exceed 7:00 a.m. through 7:00 p.m. Monday through
Saturday.
3. No more than five employees allowed.
4. No more than three business vehicles allowed.
5. Total building area shall not exceed 7,500 square feet.
CUP #02-10, Crane's Welding LLC
April 1, 2010
Page 4
6. All outdoor storage or repair shall be screened by a six foot board -on -board fence,
evergreen screen or berm.
7. An engineered site plan shall be submitted and approved by Frederick County, and
implemented prior to operation of this business.
8. One monument sign shall be allowed on the property; sign shall not exceed twenty-five
square feet in area. The sign shall not exceed ten feet in height.
9. Any expansion or change of use will require a new Conditional Use Permit.
Following the requisite public hearing, it would be appropriate for the Planning Commission
to offer a recommendation concerning this application to the Board of Supervisors.
Conditional Use P€ iit
';� �`.t• x -Application
y ,^•`1 tt k'7�, ti'' Crane's Welding Current Zoning
v '_, + ii • uE � x PIN: 10 A 17
, N®`
f
.' 1 r'°'f' �, (Cs�� •' 'r t'' x�1 CT>"�`�', 4q-'�,Q� � .1 4� -t1 �rl
• -�} �_ •r `•• _ 1.. X11' •1QY ti y } -
_^
fRY IIS
00 za
atrsAUG"wJLLIAj s �
7 .. -•i �� i i if t ��
'�{. .�1 ��a ," -.� ip,' -( A; .d ^ r ,S a \. ' f a1,�gt�� �. � `x r�yl�°�E � �/" 7�. ..t 1 ► ���„i
Ilk -
'44
a► '44
�nac rluu11a1. ntG.uaau
FVture 8137 Svp si 7"4414
! &,l (F:xM0ho h1art4hetx04R
414,10) Au 14.dwMaL C—M 41.1001
6:.. ;;y Q,1(Ufilep-hbaufxturinp lY011 t '- R{(ku m-11lMt)
AAppl-t- BIl%4H0)
`,; IlR(IIIRhs vducxH-mul.t)
R milt (M,.bllellun.('emmux4}1161H.)
R4(k•94tlr)N.-O('umnuud1,44+M0) k`(keld<mfxll'elTnnnxnxe444,11)
ATE 4'rbxu 4.,0upmew.1— H;(INA—gert 1liolbl)
dC"'?�,II (loduxltxl, I.IRitt 4t.0xt)
4m1 N+(M41".1%".
A&Ik,<(R•,Jtl.WxlH-1la.al('eneuuuk; Uh1ri11
.Nm ®ltl (N 4 r.a, Iudu4H"Ilnualliurt llWlH1)
t�a
S
,3`
�nac rluu11a1. ntG.uaau
FVture 8137 Svp si 7"4414
! &,l (F:xM0ho h1art4hetx04R
414,10) Au 14.dwMaL C—M 41.1001
6:.. ;;y Q,1(Ufilep-hbaufxturinp lY011 t '- R{(ku m-11lMt)
AAppl-t- BIl%4H0)
`,; IlR(IIIRhs vducxH-mul.t)
R milt (M,.bllellun.('emmux4}1161H.)
R4(k•94tlr)N.-O('umnuud1,44+M0) k`(keld<mfxll'elTnnnxnxe444,11)
ATE 4'rbxu 4.,0upmew.1— H;(INA—gert 1liolbl)
dC"'?�,II (loduxltxl, I.IRitt 4t.0xt)
4m1 N+(M41".1%".
A&Ik,<(R•,Jtl.WxlH-1la.al('eneuuuk; Uh1ri11
.Nm ®ltl (N 4 r.a, Iudu4H"Ilnualliurt llWlH1)
wl; 0 125 250 500 Feet
S
Submittal Deadline
' MAR 3 9 2010 P/C Meeting
J 5 BOS Meeting j /a
1
PLICATIQN FOR Wi NDIT ONAL USE PERMIT
FREDERICK COUNTY, VIRGINIA
1. Applicant (The applicant if the V owner other)
NAME:
ADDRESS: 1�1`�e jC_ i �`�liCt riR oDD'L�r' D�
TELEPHONE:
2. Please list all owners, occupants, or parties in interest of the property:
Q. f e)
3. The property is located at: (please give exact directions and include the route number of
your road or street)
4. The property has a road frontage of feet and a depth of feet and
consists of '-1, o acres. (Please be exact)
The property is owned by 1 �Nzda- I �(�� as evidenced by deed
from is riu 0. {l recorded 0
(previous owner) !,�r��, GCd v C�cf��si
in deed book no. on page , as recorded in the records of the Clerk of
the Circuit Court, County of Frederick.
6. Tax (Parcel) Identification No. (P.I.N.) IG- p) - \-4
Magisterial District ,iY
Current Zoning
7. Adjoining Property:
USE
North , ?,I I t
East
South X61
West
ZONING
8. The type of use proposed is (consult with the Planning Dept. before completing)
9. It is proposed that the following buildings will be constructed:
10. The following are all of the individuals, firms, or corporations owning property adjacent
to both sides and rear and in front of (across street from) the property where the requested
use will be conducted. (Continue on back if necessary.) These people will be notified by
mail of this application:
NAME, �a �� i ADDRESS A4
Q \tea
PROPERTY ID#
NAME eY - Ttf -a C o- ADDRESS
PROPERTY ID# 10 A
NAME' J: 1 i1S ADDRESS
PROPERTY ID#
NAME -TIM G ADDRESS � .
PROPERTY ID# 10� 1)- S�
NAME �� r k 1 C-- CJ�C `lt3 ADDRESS
PROPERTY ID# 10 -
i
NAME 1 CA ADDRESS
PROPERTY ID#
F
11. Please use this page for your sketch_ofthe property. Show proposed and/or existing
structures on the property, including measurements to all property lines.
ennc
LP C)
r_- use
7�
P'M OFXq's C"e ico�o-ov,A
"A,
12.
Additional comments, if any:
I (we), the undersigned, do hereby respectfully make application and petition the governing body
of Frederick County, Virginia to allow the use described in this application. I understand that the
sign issued to me when this application is submitted must be placed at the front property line at
least seven (7) days prior to the first public hearing and maintained so as to be visible until after
the Board of Supervisors' public hearing. Your application for a Conditional Use Permit
authorizes any member of the Frederick County Planning Commission, Board of Supervisors or
Planning and Development Department to inspect your property where the proposed use will be
conducted.
Signature of Applicant
Signature of Owner
Owners' Mailing Address ct c,Q)-
Owners' Telephone No.
TO BE COMPLETED BY THE ZONING ADMINISTRATOR:
USE CODE:
RENEWAL DATE:
COUNTY of FRED EA R 'K
J*
Department of Planning and Development
�ec,N
MEMORANDUM 549/665-5651
„3 FAX: 540/665-6395
To: Frederick County Planning Commission
From: Candice E. Perkins, AICP, Senior Planner'*
Subject: Public bearing — Truck and Trailer Parking in the B3/M1 and M2 Districts
Date: April 2, 2010
Staff has received a request to include tractor truck and tractor truck parking as a use in the M 1
(Light Industrial) and M2 (Industrial General) Zoning Districts. Specifically what is being
requested is to allow a parking area to store trucks and trailers for an extended period of time as a
primary use. The parking areas would possibly include a guard facility, but no other buildings or
uses. Currently, this is not an allowed primary use and can only be done in conjunction and
accessory/secondary to a permitted primary use (such as manufacturing/distribution/warehousing
with a parking area on the same property to store their trucks and trailers).
The ordinance amendment attached to this memorandum would only allow truck and trailer
parking as a primary use in the B3 (Industrial Transition), Ml (Light Industrial) and M2
(Industrial General) Zoning Districts with a Conditional Use Permit (CUP). The CUP option
was included because it would allow the Board of Supervisors to permit the use in appropriate
locations and not erode desirable industrial locations, and would also allow the revocation of the
use if the site was being used improperly. Supplementary use regulations in the form of required
conditions for the CUP have also been included. These conditions regulate surface material,
inoperable trucks/trailers, prohibition of maintenance and gas facilities and landscaping.
The item was presented to the Development Review and Regulations Committee (DRRC) at
their meeting on February 25, 2010. The DRRC had an extensive discussion on the proposed use
and recommended the following: the use be permitted as a primary use only through the
approval of a Conditional Use Permit; the use added to the B3; revised surface material
requirements (paving for truck parking and gravel for trailer storage); provision that no
inoperable trucks/trailers be allowed; modified landscaping language; and provision that allows
the Board of Supervisors to include additional conditions. With those changes, the DRRC
recommended that the ordinance amendment be forwarded to the Planning Commission for
discussion.
The Planning Commission discussed this item at their March 17, 2010 meeting. Commission
members expressed concern over the permanent storage of trailers, the storage of unlicensed
trailers and cargo containers. It was also discussed that a time frame should be implemented for
the proposed use (60-90 days of storage maximum) so that the use would not become a
permanent storage area.
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
Frederick County Planning Commission
RE: Truck/Trailer Parking
April 2, 2010
Page 2
The Board of Supervisors discussed this item at their March 24, 2010 meeting. Board members
expressed concern over the maintenance of the gravel surfaces proposed for the trailer storage
areas and felt that this could potentially lead to dirt and mud being distributed onto roadways.
Staff stated that an additional condition regarding maintenance of the gravel surface could be
added to the supplemental use regulations. There was also concern about the gravel surface
being adequate for long term storage and the language utilized for inoperable/damaged trailers.
Since the meeting, staff has revised the amendment to include the maintenance condition and
revised the inoperable/damaged trailer language.
The attached document shows the existing ordinance with bold italic for text added. A
recommendation from the Planning Commission on this proposed Zoning Ordinance text
amendment is sought. Please contact me if you have any questions.
Attachments: 1. Proposed ordinance amendment with additions shown in (bold
underlined italics.
CEP/bad
ARTICLE VI
BUSINESS AND INDUSTRIAL ZONING DISTRICTS
Part 604 — B3 Industrial Transition District
§ 165-604.03. Conditional Uses.
Uses permitted with a conditional use permit shall be as follows:
Conditional Uses
Tractor Truck and Tractor Truck Trailer Parking
Part 606 — M1 Light Industrial District
§ 165-606.03. Conditional Uses.
Uses permitted with a conditional use permit shall be as follows:
Conditional Uses
Tractor Truck and Tractor Truck Trailer Parking
Part 607 — M2 Industrial General District
§ 165-607.03. Conditional Uses.
Uses permitted with a conditional use permit shall be as follows:
ATTACHMENT 1
DRRC Discussed 2/25/2010
PC Discussed 3/17/2010
BOS Discussed 3/24/2010
Standard Industrial
Classification (SIC)
Standard Industrial
Classification (SIC)
Conditional Uses Standard Industrial
Classification (SIC)
Tractor Truck and Tractor Truck Trailer Parkina --
Article II
SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES
Part 204 — Additional Regulations for Specific Uses
§ 165-204.24. Tractor Truck and Tractor Truck Trailer Parking.
1
ATTACHMENT 1
DRRC Discussed 2/25/2010
PC Discussed 3/17/2010
BDS Discussed 3/24/2010
Tractor truck and tractor truck trailer parking facilities in the B3 (industrial Transition). MI rLiQht
Industrial) and M2 (industrial General) Zoning Districts permitted as a primary use with a conditional
use permit shall meet the following conditions:
1. All areas utilized for the parking of tractor trucks shall meet the requirements of § 165-
202 01D Areas utilized for the storage of trailers may utilize a gravel surface.
2. All paved and aravel surfaces shall be properly maintained to ensure that dirt, mud, aravel or
the like is not distributed onto roadways.
3. No inoperable tractor trucks or damaged/salvage trailers unlicensed trailers or cargo/storage
containers shall be parked or stored on the site.
4. Fuel sales shall not be permitted.
5. Maintenance of trucks and trailers shall not be permitted.
6. Facilities shall be required to landscape the yard area within the front setback to provide for a
double row of evergreen trees (minimum of two different species). The on -center distance
between each tree in the stagaered double row shall not exceed the widest width of the
selected evergreen trees At no point shall the offset between each evergreen tree planted in
the staggered double row be less than 90 degrees The side and rear yards shall be planted
with a single row of evergreen trees that are planted a maximum of 40 feet on center. All trees
shall be a minimum of six feet in height at the time of planting The Board of Supervisors may
allow for alternative landscaping based on topography and/or adiacent land uses.
7. A site plan in accordance with the requirements of Article Vill shall be submitted to and
approved by Frederick County.
COUNTY (,f FREDER iCK
Department of Planning and Development
MEMORANDUM 540/665-5651
l•�
FAX: 540/665-6395
To: Frederick County Planning Commission
et
From: Candice E. Perkins, AICP, Senior Planner
Subject: Public Hearing— Higher Education (HE) District Revisions
Date: April 2, 2010
Staff has received a request to increase the maximum height requirements in the Higher
Education (HE) Zoning District. Currently, the maximum height in the HE District is 45 feet.
Staff has prepared an ordinance revision that addresses the height request along with other
necessary ordinance revisions.
Proposed changes are as follows:
Increase in the building height of 45 to 75 feet (subject to a BOS waiver).
a Yard requirements. Revision to add yard and dimensional requirements. Modifications
include adding front yard setbacks from primary and arterial highways, similar to other
zoning districts. Added side and rear yard increases for structures over 45 feet in height.
• Design requirements. Addition of a statement regarding lot size and depth/width and an
addition of landscaped area and FAR requirements.
The item was presented to the Development Review and Regulations Committee (DRRC) at
their meeting on February 25, 2010. The DRRC discussed the height increase portion of the
ordinance and, while they had no issue with the 75 foot building height, they did express concern
if the structures were to be located adjacent to existing single family dwellings. The DRRC
recommended that language be added to the amendment to only allow the height increase
through a waiver granted by the Board of Supervisors. The DRRC had no other changes and
recommended that the revised ordinance amendment be forwarded to the Planning Commission
for discussion. The Planning Commission discussed this item at their March 17, 2010 meeting.
Commission members expressed concern over tall buildings adjacent to commercial structures in
addition to residential structures and wanted the height waiver expanded to include both.
Increases in the building setbacks and a requirement for architectural renderings for buildings
were also discussed.
The Board of Supervisors discussed this item at their March 24, 2010 meeting. Concern over the
waiver option was expressed due to the fact that approval of a waiver could be subjective and
opinions could change depending on the Board elected at that particular time. However, the
Board felt that the waiver option on a case-by-case basis was the best solution to protect adjacent
single family dwellings. Ultimately the Board of Supervisors forwarded the draft amendment
forward for public hearing.
107 North Kent Street, S",te 202 • Winchester, Virginia 22601-5000
Frederick County Planning Commission
RE: HE District Revisions
April 2, 2010
Page 2
The attached document shows the existing ordinance with the proposed changes supported by the
DRRC (with strikethroughs for text eliminated and bold italic for text added). This item is
presented for discussion. Staff is seeking direction from the Board of Supervisors on this
Zoning Ordinance text amendment.
Attachments: 1. Revised ordinance with additions shown in bold underlined italics.
2. Letter of request from the applicant.
CEP/bad
ARTICLE VI
BUSINESS AND INDUSTRIAL ZONING DISTRICTS
Part 609 — HE Higher Education District
§ 165-609.01. Intent
ATTACHMENT 1
DRRC Discussed 2/25/2010
PC Discussed 3/17/2010
BOS Discussed 3/24/2010
The HE Higher Education District is intended to permit institutions of higher education in
appropriate areas. It is intended that uses in this district be properly separated from different
uses in adjoining districts.
§ 165-609.02. Permitted uses.
Structures to be erected or land to be used shall be for one or more of the following uses.
A. Institutions of higher education.
B. Utilities necessary to serve allowed uses, including poles, lines, distribution transformers,
pipes and meters.
C. Accessory uses and structures.
D. Off-street parking and loading.
E. Business signs.
F. Signs allowed in § 165-201.06B.
G. Freestanding building entrance signs.
§ 165-609.03. Yard and Design requirements.
A. Structures shall be located 50 feet from any primary or arterial highway and 35 feet from
any hib,",;,":ay, street ^ ad right of way. collector or minor street.
B. The minimum side yard for all structures shall be 15 feet. An additional foot from the side
yard boundary shall be added to the minimum side yard setback for every foot that the
height of the structure exceeds 45 feet when the adjacent use is single family residences.
C. The minimum rear yard for all structures shall be 25 feet. An additional foot from the rear
yard boundary shall be added to the minimum rear yard setback for every foot that the
height of the structure exceeds 45 feet when the adjacent use is single family residences.
D. There shall be no minimum lot size or minimum lot width or depth.
E. Maximum Floor area to lot area ratio (FAR) shall be 2.0.
F. Minimum landscaped area (percentage of lot area) shall be 25 percent.
§ 165-609.04. Buffers and screening.
A. The Planning Commission may require distance buffers, as defined in § 165-203.02A of this
chapter, on lots which abut land in any residential district or land in other zoning districts
i
ATTACHMENT 1
DRRC Discussed 2/25/2010
PC Discussed 3/17/2010
BOS Discussed 3/24/2010
which are predominantly residential in nature. The size and content of the di e
buffers shall be based on the amount of separation needed.
B. The Planning Commission may require landscaped screens or full landscaping, as defined
by § 165-203.02B of this chapter, to separate uses in this district from adjoining residential
uses and to achieve the intentions of this chapter.
§ 165-609.05. Height limitations.
By'I�SS, SigRs Rd st i + may be erested up to 45 feet in height. The maximum structure
height shall be 45 feet The Board of Supervisors may waive the 45 foot height limitation
provided that it will not negatively impact adiacent residential uses. In considering the height
waiver, the Board of Supervisors may require architectural renderings that demonstrate
potential impacts on adjacent residential uses. In no case shall any structure exceed 75 feet in
height.
2
SHENANDOAH UNIVERSITY u v s
1460 University Drive
Winchester, VA 22601
January 18, 2010
Candice E. Perkins
Senior Planner
Frederick County Planning Commission
Department of Planning and Development
1076 North Kent Street, Suite 202
Winchester, VA 22601
Candice:
Shenandoah University requests a change in § 165-609.5, entitled Height Limitations, in
the (HE) Higher Education District Zoning Ordinance. The current limitation is 45 feet
in Frederick County. The current limitation for the City of Winchester is 75 feet. At this
time, Shenandoah University requests a change in the county to an equivalent 75 feet to
be congruent with the City.
Shenandoah University is prepared to assist you with any means you deem appropriate.
Sincere
Jeff Davis
Project Manager, Shenandoah University
cc: File
COUNTY of FREDERICK
Department of Planning and Development
MEMORANDUM 540/665-5651
FAX: 5401665-6395
To: Frederick County Planning Commission
From: Candice E. Perkins, AICP, Senior Planner �,
Subject: Public Hearing — Battery Manufacturing in the M1 District
Date: April 2, 2010
Staff has received a request to include the manufacturing of storage batteries (portions of SIC 3691)
as a permitted use in the M1 Zoning District. The M1 District currently permits all of SIC 36 with
the exception of SIC 3691 (Storage Batteries) and 3962 (Primary Batteries). The M2 District
currently allows both SIC 3691 and SIC 3692.
SIC 3691 includes the manufacturing of the following uses:
• Alkaline cell storage batteries
a Batteries, rechargeable
• Lead acid batteries
• Nickel cadmium storage batteries
• Storage batteries
This proposed ordinance amendment would allow the following portions of SIC 3691 as a permitted
use in the M1 District:
Alkaline cell storage batteries
• Batteries, rechargeable
• Nickel cadmium storage batteries
® Storage batteries (excluding lead acid batteries, manufacturing)
The following types of battery manufacturing would fall under the allowed portions of SIC:
• Alkaline cell storage batteries (i.e., nickel -cadmium, nickel -iron, silver oxide -zinc)
manufacturing
• Batteries, rechargeable, manufacturing
• Batteries, storage, manufacturing (except lead acid)
• Nickel cadmium storage batteries manufacturing
• Rechargeable battery packs made from purchased battery cells and housings
• Rechargeable nickel cadmium (NICAD) batteries manufacturing
• Storage batteries manufacturing (except lead acid)
Battery Manufacturing
It should be noted that battery manufacturing is a target business by the Winchester -Frederick
County Economic Development Commission (EDC). This industry is also part of the White House's
push for green energy. Battery manufacturing explains a growing technology business. Just last
August, the Federal government awarded over $2.4 billion in funding under the American Recovery
and Reinvestment Act to enhance the development of U.S. manufacturing capacity for batteries and
electric drive components as well as the deployment of electric drive vehicles. These types of
107 North Kent Street, Suite 202 a Winchester, Virginia 22601-5000
Frederick County Planning Commission
Re: Battery Manufacturing
Page 2
April 2, 2010
"green" battery manufacturing bring significant capital investment and a great many technology
oriented jobs. The purpose of this amendment is to help Frederick County position itself to capture
these projects.
Current research reveals minimal environmental and safety concerns. Conversations with State
environmental officials and Internet research were the basis for the following information. Many of
the concerns for battery manufacturing center on the types which use lead and acid in the
manufacturing process. Those types of battery manufacturing are excluded from this request. While
no battery manufacturers currently operate in Virginia, it is not expected that uses in this request will
require any major source air permitting. Finally, some of the by-products of this type of
manufacturing may be considered hazardous waste by the Virginia Department of Environmental
Quality. The final designation will depend upon the type of waste and concentration. Any such
waste designation as hazardous will have a limitation on the maximum amount to be held onsite and
must be disposed of following State and Federal requirements. This waste will be required to be sent
to a special disposal facility and not the regional landfill.
Discussions
The item was presented to the Development Review and Regulations Committee (DRRC) at their
meeting on February 25, 2010. The DRRC had concerns over the types of materials used in the
battery manufacturing industry and the pollution emitted from the operation. The DRRC ultimately
forwarded the amendment to the Planning Commission for discussion but wanted to see additional
information on the manufacturing process to better understand it and to identify any environmental
impacts. The Planning Commission discussed this item at their March 17, 2010 meeting.
Commission members requested additional information on the waste associated with this proposed
use but ultimately forwarded the request to the Board of Supervisors for discussion.
The Board of Supervisors discussed this item at their meeting on March 24, 2010. Board members
questioned why this use was originally excluded from the Ml District and whether it was due to
hazardous materials. Staff explained that some of the types of batteries that fall under SIC 3691
could be hazardous and the reason it was limited to the M2 District; however, with this proposed
amendment, the manufacturing of certain types of batteries have either been discontinued or
excluded (lead acid batteries, mercury -containing batteries). Board members also had concerns
whether this ordinance amendment would cover newer technologies and if the ordinance would have
to be amended in the future. Staff explained that under the SIC Manuel that 3691 was the only
classification for storage batteries and that it should be adequate, but future revisions could be
required.
The attached document shows the existing ordinance with the proposed changes supported by the
DRRC (with strikethroughs for text eliminated and bold italic for text added). A recommendation
from the Planning Commission on this proposed Zoning Ordinance text amendment is sought.
Please contact me if you have any questions.
Attachments: 1. Revised ordinance with additions shown in bold underlined italics.
2. Standard Industrial Classification (SIC) Group — 3961
CEP/bad
ARTICLE VI
BUSINESS AND INDUSTRIAL ZONING DISTRICTS
Part 606 — M1 Light Industrial District
§ 165-606.01 Intent.
DRRC Discussed 2/25/2010
PC Discussed 3/17/2010
BOS Discussed 3/24/2010
M1 Light Industrial District. The intent of this district is to provide for a variety of light manufacturing,
commercial office and heavy commercial uses in well-planned industrial settings. Uses are allowed
which do not create noise, smoke, dust or other hazards. Uses are allowed which do not adversely affect
nearby residential or business areas. Such industrial areas shall be provided with safe and sufficient
access.
§ 165-606.02 Allowed Uses.
Allowed Uses
Standard Industrial
Classification (SIC)
Electronics and other electrical
equipment and components, excluding the following: 36
Lead acid batteries
Primary batteries
3691
3692
232 STANDARD INDUSTRIAL CLASSIFICATION
Industry
Group Industry
367e Na_ ELECTRONIC COMPONENTS AND ACCESSORIES—Con.
3679 Electronic Components, Not Elsewhere Classified—Con.
masers
Crystals and crystal assemblies, radio
Delay lines
Harness assemblies for electronic use:
wire and cable
Headphones, radio
Heads, recording for speech and musi-
cal equipment
Hermetic seals for electronic equip-
ment
Impedance conversion units, high fre-
quency
Liquid crystal displays
Loads, electronic
Microwave components
oscillators, except laboratory type
Parametric amplifiers
Passive repeaters
Phonograph needle cartridges
Phonograph needles
Piezoelectric crystals
Power supplies, static, and variable fre-
quency
Pulse forming networks
Quartz crystals for electronic applica-
tion
Recording and playback heads, magnet-
ic
Record -mg heads for speech and musical
equipment
Rectifiers, electronic except solid-state
Resonant reed devices, electronic
Rheostats, electronic
Sockets, electronic tube
Solenoids for electronic applications
Static power supply converters for elec-
tronic applications
Step positioners for transmitting equip-
ment
Styli, phonograph record cutting
Switches, electronic
Switches, stepping
lhaneducers for use in measuring and
testing instruments and equipments
Tube retainers, electronic
'Liebespacers, on
Tube transformer assemblies used in
firing electronic tubes
Video triggers, except remote control
television devices
Voice controls
Waveguides and fittings
369 MISCELLANEOUS ELECTRICAL MACHINERY, EQUIPMENT, AND
SUPPLIES
3691 Storage Batteries
Establishments primarily engaged in manufacturing storage batteries.
Alkaline cell storage batteries Nickel cadmium storage batteries
Batteries, rechargeable Storage batteries
Lead add batteries (storage batteries)
3692 Primary Batteries, Dry and Wet
Establishments primarily engaged in manufacturing primary batteries, dry
or wet.
Batteries, primary: dry or wet
Dry cell batteries, single and multiple
cell
3694 Electrical Equipment for Internal Combustion Engines -------
Establishments primarily engaged in manufacturing electrical equipment
for internal combustion engines. Important products of this industry include
armatures, starting motors, alternators, and generators for automobiles and
aircraft; and ignition apparatus for internal combustion engines, including
spark plugs, magnetos, coils, and distributors.
Alternators, motor vehicle
Armatures, motor vehicle
Battery cable wiring sets for internal
combustion engines
Battery charging generators for inter-
nal combustion engines
Breaker point sets, internal combustion
engine
Coils, ignition internal combustion en-
gines
Distributors, motor vehicle engine
Generators, aircraft and motor vehicle
Harness wiring sets for internal com-
bustion engines
Igaition cable sets or wire assemblies
for internal combustion engines
Ignition systems, high frequency
Motors, starting motor vehicle and air-
craft
Regulators, voltage: motor vehicle
Spark plugs for internal combustion en-
gines
Voltage regulators, motor vehicle