PC 05-05-10 Meeting AgendaAGENDA
FREDERICK COUNTY PLANNING COMMISSION
The Board Room
Frederick County Administration Building
Winchester, Virginia
May 5, 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) March 17, 2010 Minutes..................................................................................................(A)
3) Committee Reports.................................................................................................. (no tab)
4) Citizen Comments.................................................................................................... (no tab)
PUBLIC HEARING
5) Conditional Use Permit #03-10 for Animal Medical Center, submitted by GreyWolfe,
Inc., to allow for a building expansion and parking, associated with the conditions set
forth by Conditional Use Permit #06-95. The property is located at 689 Aylor Road
(Route 647), and is identified with Property Identification Number 75-A-38 in the
Opequon Magisterial District.
Mr. Cheran....................................................................................................................... (B)
COMMISSION DISCUSSION
6) Water Service in the Stephenson Area.
Mr. Lawrence................................................................................................................... (C)
7) Other
FILE COPY
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 March 17, 2010.
PRESENT: June M. Wilmot, Chairman/Member at Large; Roger L. Thomas, Vice Chairman/
Opequon District; Brian Madagan, Opequon District; Gary R. Oates, Stonewall District; J. Stanley
Crockett, Stonewall District; Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel, Shawnee
District; Charles E. Triplett, Gainesboro District; George J. Kriz, Gainesboro District; Greg L. Unger,
Back Creek District; Kevin 0. Crosen, Back Creek District; Christopher M. Mohn, Red Bud District; and
Roderick Williams, Legal Counsel.
ABSENT: Philip E. Lemieux, Red Bud District
STAFF PRESENT: Eric R. Lawrence, Planning Director; Michael T. Ruddy, Deputy Planning
Director; Mark R. Cheran, Zoning & Subdivision Administrator; Candice E. Perkins, Senior Planner; and
Renee' S. Arlotta, Clerk.
CALL TO ORDER & ADOPTION OF AGENDA
Chairman Wilmot called the meeting to order at 7:00 p.m.
Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the
Planning Commission unanimously adopted the March 17, 2010, agenda for this evening's meeting.
MEETING MINUTES
Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the
Planning Commission unanimously approved the minutes of the January 6, 2010 meeting.
Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the
Planning Commission unanimously approved the minutes of the February 3, 2010 meeting.
Frederick County Planning Commission Page 2605
Minutes of March 17, 2010
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COMMITTEE REPORTS
Comprehensive Plans & Programs Committee (CPPC) — 3/08/10 Mtg.
Commissioner Kriz stated that the CPPC held their election of officers. Commissioner
Kriz reported on the following items from the meeting: an update was provided on the Planning
Commission's 2010 Retreat; the staff provided an overview of the proposed approach and schedule for
the Comprehensive Policy Plan update. He said a significant amount of community participation is
anticipated and meetings will be facilitated by members of both the Comprehensive Plans and Programs
Committee and Subcommittee. Commissioner Kriz stated that the kick-off for citizen volunteers will be
Tuesday, April 6, 2010. In addition, the CPPC was provided a briefing from the standing committees, the
Community Area Plans Subcommittee, the Community Facilities Subcommittee, and the Comprehensive
Policy Plan Subcommittee.
Development Review & Regulations Committee (DRRC) — 2/25/10 Mtg.
Commissioner Unger reported that the DRRC held their election of officers and
Commissioner Roger Thomas was re-elected as Chairman and Commissioner Greg Unger was re-elected
as Vice Chairman. Commissioner Unger reported on three items discussed by the DRRC: Higher
Education (HE) District Height Requirements; Truck Parking in the MI and M2 Zoning Districts; and
Lithium Battery Manufacturing in the M 1 Districts.
Sanitation Authority (SA) — 3/16/10 Mtg.
Commissioner Unger reported that rainfall for the month of February was 3.6 inches; the
Opequon and Parkins Mill Plants are working satisfactorily, averaging about 1.4 mgd; the quarries are
holding satisfactorily. He reported on a problem in the Stephens City area involving rags being dumped
into the sewer system, which are getting into the pumps; he said this has been an ongoing problem and
they are trying to determine where this is coming from. Another problem in the Stephens City area arises
during excessive rain, and either the area or town is severely flooding the sewer systems. They are trying
to determine whether the flooding is coming from sump pumps or leaking manholes. He said the system
is working hard during those times.
Commissioner Unger also reported that Silver Lake is having discussions with the SA on
the installation of a 500,000 gallon holding tank for water at the Lutheran Home.
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Committee Appointments
Chairman Wilmot announced the appointments of Commissioner Philip Lemieux and
Commissioner Stanley Crockett to the Comprehensive Plans & Programs Executive Committee. She said
that Commissioner Lemieux will be on the Community Area Plans Subcommittee and the Transportation
Plan Update Committee. Commissioner Crockett will serve on Comprehensive Policy Plan Update
Subcommittee.
CITIZEN COMMENTS
Chairman Wilmot called for public comments on any subject not on the Commission's
agenda for this evening. No one came forward to speak.
PUBLIC HEARING
2007 Comprehensive Policy Plan Amendment — Eastern Frederick County Long -Range Land Use
Plan and Northeast Land Use Plan. This amendment includes proposed modifications to the
Developmentally Sensitive Areas (DSA) designation in the vicinity of Route 11 North to include the
removal of areas of DSA and to reflect recently -approved development projects.
Action — Tabled for 60 Days
Deputy Planning Director, Michael T. Ruddy, reported that this amendment is a result of
clear direction from the Board of Supervisors at their January 23, 2010, meeting after their consideration
and approval of the Graystone Rezoning project. He said specifically, the Board directed the staff to
schedule a public hearing to amend the Comprehensive Policy Plan to remove the developmentally
sensitive area designation from the area bounded by Route 37 to the north; Milburn Road to the east;
Route I 1 to the west; and Red Bud Road to the south. Mr. Ruddy said the Board has recognized the
significant on-going effort in this part of the County and will be looking at other wholly revised land use
plans in this area within the next few months. However, he noted that this proposed amendment to the
Northeast Land Use Plan is relatively straight forward and is consistent with the Board of Supervisors'
direction.
Commissioner Oates commented that Comprehensive Policy Plan changes in the past
have always been sent to the Comprehensive Policy Plan Committee (CPPC) and the Planning
Commission for discussion and then afterward scheduled for public hearing. Commissioner Oates asked
why this particular amendment was being rushed through so quickly. He said that Graystone can still
come forward with their master development plan. He expressed concern for setting a precedent.
Mr. Ruddy replied that evaluation of this area happened with the evaluation of the
Graystone project and the Board was very clear on sending it forward for public hearing. He added that it
is a relatively straight forward and small-scale request. Mr. Ruddy said that many of the changes are
Frederick County Planning Commission Page 2607
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currently in the works with the updated Northeast Land Use Plan; however, this amendment is limited and
is based upon direction from the Board.
Commissioner "1 homas stated that if this is taken uiTough co..u..:ttee and to the public
with the "before" version, it gives the public the perception they have an ability to influence that
particular area that has already been changed. He said whether or not the Commission agrees with the
approach, the DSA (Developmentally Sensitive Area) has been changed. Commissioner Thomas believed
it could be misleading to present it otherwise_
Chairman Wilmot called for public comments; however, no one came forward to speak.
Commissioner Oates made a motion to table the amendment for 60 days and to include it
with the Comprehensive Policy Plan update currently going to the public. This motion was seconded by
Commissioner Unger and was passed by a majority vote.
BE IT RESOLVED, that the Frederick County Planning Commission does hereby recommend that the
2007 Comprehensive Policy Plan Amendment, particularly the Eastern Frederick County Long -Range
Land Use Plan and Northeast Land Use Plan, be tabled for 60 days. This amendment includes proposed
modifications to the Developmentally Sensitive Areas (DSA) designation in the vicinity of Route 11
North to include the removal of areas of DSA and to reflect recently -approved development projects.
The majority vote was as follows:
YES (TO TABLE): Unger, Crosen, Ambrogi, Manuel, Crockett, Oates, Kriz, Triplett, Mohn, Wilmot
NO • Thomas, Madagan
(Note: Commissioner Lemieux was absent from the meeting.)
An Ordinance to amend the Frederick County Code, Chapter 165, Zoning, Article VII, Overlay
Districts, Part 703, HA (Historic Area) Overlay District, 165-703.04, General Regulations, 165-
703.05, Guidelines for New Construction or Alterations, and 165-703.06, Administration. This
amendment includes proposed revisions to the Frederick County Code for general regulations,
administration, and the addition of guidelines for new construction/ alterations.
Action — Recommended Approval
Senior Planner, Candice E. Perkins, reported that the Historic Area (HA) Overlay Zone
was adopted by the Board of Supervisors in November of 1991 and was intended to enhance and aid in
the preservation and protection of historic resources in the County. She said the current Overlay Zone
contains criteria for establishing districts, determining historic significance, and general regulations and
administration, but does not contain any design criteria for the development or alterations of sites.
Therefore, any improvements, such as landscaping or parking, would have to follow the regulations for
the underlying zoning district. As a result, the staff is proposing some revisions to the HA Zone to
address certain design guidelines for new construction, as well as some minor updates and revisions.
Frederick County Planning Commission Page 2608
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Specifically, the revisions include changes to general regulations, guidelines for construction and
alterations, as well as additions to the administration section.
Ms. Perkins said the Historic Resources Advisory Board (HRAB) reviewed this proposed
amendment at their September 2009 meeting and the Development Review and Regulations Committee
(DRRC) reviewed this at their October 2009 meeting. She said it was discussed by the Commission in
December 2009 and by the Board of Supervisors on two separate occasions: December 2009 and
February 2010. Ultimately, at their February 2010 meeting, the Board directed the staff to advertise the
proposed amendment for public hearing.
Chairman Wilmot called for citizen comments. No one came forward to speak and
Chairman Wilmot closed the public comment portion of the hearing.
Chairman Wilmot asked Ms. Perkins about the Board's discussion and action at their
meetings on December and February. Ms. Perkins replied that on December 2009, the Board tabled the
amendment because they wanted additional information about the 14-RAB's involvement. Ms. Perkins
said their question was answered via a memorandum and the staff brought the amendment back to the
Board in February. Ms. Perkins said the Board, at their February meeting, sent the same ordinance
forward to public hearing.
No other questions or concerns were raised by Commission members.
Upon motion made by Commissioner Thomas and seconded by Commissioner Kriz,
BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously
recommend approval of an Ordinance to amend the Frederick County Code, Chapter 165, Zoning, Article
VII, Overly Districts, Part 703, HA (Historic Area) Overlay District, 165-703.04, General Regulations,
165-703.05, Guidelines for New Construction or Alterations, and 165-703.06, Administration. This
amendment includes proposed revisions to the Frederick County Code for general regulations,
administration, and the addition of guidelines for new construction/ alterations.
(Note: Commissioner Lemieux was absent from the meeting.)
COMMISSION DISCUSSION
Discussion of a proposed amendment to the Frederick County Code, Chapter 165, Zoning, Article
VI, Business and Industrial Zoning Districts, Part 604, B3 (Industrial Transition) Zoning District,
165-604.03, Conditional Uses; Part 606, MI (Light Industrial) Zoning District,165-606.03,
Conditional Uses and 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. This amendment includes revisions to the Frederick County Zoning Ordinance to
allow truck parking in the B3, MI, and M2 Districts.
Frederick County Planning Commission Page 2609
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W -C
Senior Planner, Candice E_ Perkins, reported that the staff has received a request to
include tractor truck and tractor truck trailer parking as a permitted use in the M1 (Light Industrial) and
M2 (Industrial General) Zoning Districts. She said specifically, the request is to allow a parking area to
store trucks and trailers for an extended period of time as a primary use_ This type of use is not currently
an allowed primary use and can only be done in conjunction and accessory/secondary to a permitted
acturing, distribution, or warehousing with a parking area on the same
primary use, such as manuf
property to store trucks and trailers.
Ms. Perkins said this request was presented to the Development Review and Regulations
Committee (DRRC) at their meeting on February 25, 2010. She said 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 (CUP); the use be added to the 133; include revised
surface material requirements (paving for truck parking and gravel for trailer storage); include a provision
that no inoperable trucks/trailers be allowed; include modified landscaping language; and include a
provision allowing 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.
Commissioner Kriz was supportive of requiring a CUP because it would allow for the
discontinuation of using a site for truck parking on a temporary basis until the primary building was
constructed.
Commissioner Thomas expressed concerns about the language in the proposed
amendment as written, particularly because it would allow storage for an "extended period of time." He
cautioned about the possibility of turning Frederick County into a junk yard for tractor trailers.
Commissioner Thomas was not in favor of the County opening up B3 property with CUPS for parking
tractor trailers for six months to a year at a time without regular maintenance. He suggested
revising the language and limiting storage to 30 days maximum. Commissioner Thomas said any
long-term parking provides no benefit to Frederick County, unless the storage was simply for a couple
days or even a week while the driver is waiting for loading or unloading; it provides a place to park the
trucks instead of various parking lots around town.
Commissioner Crockett asked the staff for further clarification on the proposed language,
particularly, how long the long-term storage was intended for. Ms. Perkins said the language proposed in
the ordinance has no time frame; she said this could be a facility in which a local user could rent and store
their trailers all the time or intermittently.
Commissioner Oates explained that during DRRC discussions, members stipulated that
the trailers and trucks in those facilities should be licensed and operable; for example, a cargo container
doesn't have a license and could not be stored there. Commissioner Oates said that stacked containers
would not be permitted because they are not licensed or operable. Commissioner Thomas noted that the
amendment language does not specifically state, "licensed vehicles only."
Commissioner Crockett asked how one would police expired tags and expired FHA
inspections within a facility. Ms. Perkins said that if a complaint was received, the staff would have to go
out and verify what was being stored. If the applicant was in violation of the CUP, it could come back
before the Board of Supervisors for revocation.
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Commissioner Oates said he was fine with the proposed amendment; however, it does not
address sites where trucks come in, but do not have a place to park. He said, for example, trucks are
forced to leave the Flying J site; he said this problem still needs to be solved. Commissioner Oates
advised going back to the distribution centers and warehouse ordinance and consider increasing parking
requirements and place some type of trailer parking along the distribution centers so that tractor trailers
are not forced off-site. Commissioner Thomas said he had assumed that the problem of trailer trucks
being forced off-site was going to be addressed in this proposed amendment. Commissioner Thomas said
he thought the proposed amendment would allow trailers to be parked at a designated location for six or
eight hours while waiting to be loaded or unloaded. Commissioner Oates commented that this proposed
amendment addresses previously -approved sites; however, when planning for future sites, there needs to
enough land available to accommodate the site's own truck needs.
Commissioner Unger stated that when the DRRC discussed this item, it was recognized
there was very little M1 property available to accommodate this. He said this particular request came
from someone who had an Ml property that was difficult to access, located behind Zuckermans.
Commissioner Unger felt it was an unusable and unsellable property, as far as M1 is concerned, and this
was a use the property owner could utilize until the economy straightens out.
Commissioner Thomas said there was a need for this amendment, as long as the
Commission revised the conditions by adding, "no unlicensed tractor trailers, no storage of containers,
and storage cannot exceed 60 to 90 days at any particular time."
Ms. Perkins said she would forward the Commission's points of concern to the Board of
Supervisors for inclusion in their discussions.
Discussion of a proposed amendment to the Frederick County Code, Chapter 165, Zoning, Article
VI, Business and Industrial Zoning Districts, Part 609, HE (Higher Education) District, Section
165-609.03 Yard and Design Requirements, and Section 165-609.04, Buffers and Screening. This
amendment includes revisions to the Frederick County Zoning Ordinance to increase the height
and revise the design requirements in the HE District.
Senior Planner, Candice E. Perkins, reported that the staff had received a request to
increase the maximum height requirements in the Higher Education W) District. Ms. Perkins said the
maximum height currently within the HE District is 45 feet. She said the staff has prepared an ordinance
revision which addresses this height request, along with other necessary ordinance revisions. She said the
proposed changes include: An increase in building height from 45 feet to 75 feet, subject to a Board of
Supervisors' waiver; a revision to add yard and dimensional requirements, the modifications include
adding front yard setbacks from primary and arterial highways, similar to other zoning districts, and
adding side and rear yard increases for structures over 45 feet in height; and, design requirements which
include an addition of a statement regarding lot size and depth/width and an addition of landscaped area
and FAR requirements.
Ms. Perkins said this proposed amendment was discussed by the Development Review
and Regulations Committee (DRRC) at their meeting on February 25, 2010. She said that while the
DRRC 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. She said the DRRC recommended that language be
Frederick County Planning Commission Page 2611
Minutes of March 17, 2010
added to the amendment to only allow the height increase through a waiver granted by the Board of
Supervisors. No other revisions were recommended by the DRRC and they sent the proposed amendment
forward to the Planning Commission for discussion.
Ms. Perkins also noted that Mr. Jeff Davis, a project planner with Shenandoah
University, was present on behalf of this requested amendment.
Commissioner Unger said he did not have a problem with taller buildings at the
university and he understood the reason for it; however, he expressed some concem for instances where
the taller structure is close to a residential area. He questioned whether the increased height might cause a
problem for adjoining residential properties. Commissioner Unger raised an issue of the university
possibly purchasing property in the County, outside of the existing campus area, and if they would have
the right to construct a 75 -foot building next to a residence. He suggested including some additional
wording to protect adjacent residences.
Ms. Perkins said the concern about adjacent properties was the reason why the Board of
Supervisors' waiver has been included in the amendment. She said if one of the buildings were to exceed
45 feet, the current height requirement in the HE District, the applicant would have to request the
additional footage from the Board of Supervisors. In addition, for every foot exceeded over the 45 feet,
up to 75 feet, an additional side or rear foot will be added to the setbacks. She said that was the protection
mechanism included_
Commissioner Madagan said he generally agreed with the amendment; however, he
raised a concern about bow the waiver was worded. He said the waiver indicates the structure would only
negatively impact adjacent residential uses, but he raised the issue of adjacent business uses or other types
of areas that could also be negatively impacted. He thought a waiver should be needed for any structure
over 45 feet, regardless of the adjacent land use.
Commissioner Thomas was not opposed to the height increase, but he believed the
setbacks needed to be increased, especially around residences. He said 50 feet from a primary arterial
highway is too small; he thought it should be 75 feet and the collector or minor street should be 50 feet.
He agreed with Commissioner Unger that 45 feet, or a minimum rear yard for all structures at 25 feet with
the addition of one foot for every foot over the 45 feet, was inadequate. Commissioner Thomas made the
calculations for setbacks for a proposed 75 -foot building adjacent to a residence which resulted in the
structure being 80 feet from the residence. He thought 80 feet was too close; he said the building will be
massive and will significantly change the viewscape for the residence. He said the Planning Commission
went through this with the Hampton Inn site.
Ms. Perkins commented that the proposed setbacks were based on hotel -type uses, which
can go up to 60 feet. She said there was a 15 -foot differential between the two and that is where the
figures came from.
Mr. Jeff Davis, the project planner for Shenandoah University, stated that the Board of
Trustees is considering a 75 -foot building within the Winchester City limits. He said the Board of
Trustees asked him to request raising the height requirements in the County to be congruent with the City
of Winchester. Mr. Davis said Shenandoah University currently has a 75 -foot and a 50 -foot building
within the City. He said the university is not currently considering anything in Frederick County, but
would just like to position the university for a ready stage in the future.
Frederick County Planning Commission -Page 2612
Minutes of March 17, 2010
WC
Commissioner Mohn suggested that along with the waiver, the university should consider
providing renderings or some type of analysis when adjacent to a property line to clearly demonstrate
what the perspective from the adjoining property would be_ He said architects can use software to
generate shadow effects to simulate what impact the building may have. Commissioner Mohn thought
this would be a reasonable task through a waiver process.
Ms. Perkins said the staff will forward the Commission's comments to the Board of
Supervisors for their discussion and consideration.
A proposed amendment to the Frederick County Code, Chapter 165, Zoning, Article VI, Business
and Industrial Zoning Districts, Part 607, MI (Light Industrial) District, Section 165-606.1, Intent.
The proposed amendment includes revisions to the Frederick County Zoning Ordinance to include
battery manufacturing in the MI District.
Senior Planner, Candice E. Perkins, reported that staff has received a request to include
the manufacturing of storage batteries as a permitted use in the M1 (Light Industrial) Zoning District.
Ms. Perkins said the Ml District currently permits all of SIC 36 with the exception of 3691, which is
storage batteries and 3962, primary batteries. She said the M2 (Industrial General) District allows both of
those categories. Ms. Perkins said the proposed ordinance amendment would allow the following portion
of SIC 3691 as a permitted use in the M1 District: alkaline cell storage batteries; batteries, rechargeable;
nickel cadmium storage batteries; and storage batteries. She noted that it will exclude lead acid battery
manufacturing. Ms. Perkins added that battery manufacturing is a targeted business by the Winchester -
Frederick County Economic Development Commission (EDC).
Ms. Perkins stated that this proposed amendment was presented to the Development
Review and Regulations Committee (DRRC) at their meeting on February 25, 2010. She said the DRRC
had concerns over the types of materials used in the battery manufacturing industry and the pollution
emitted from the operation. The DRRC forwarded the proposed amendment to the Planning Commission
for discussion; however, they wanted to see additional information on the manufacturing process to better
understand it and to identify any environmental impacts.
Commissioner Thomas asked which State agency controls the disposal excess nickel
cadmium; he was concerned about the disposal of nickel cadmium in the County's landfill. Ms. Perkins
believed it was the Department of Environmental Quality (DEQ), but she was unsure about the process.
Commissioner Thomas said before allowing this as a use, he would like to know how excess waste would
be disposed and, two, what agency would control it.
Commissioner Oates suggested that the Department of Public Works be asked for their
comments.
Ms. Perkins said she would continue to research the manufacture and disposal of storage
batteries and would forward any new information to the Commission.
Frederick County Planning Commission Page 2613
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OTHER
Results of the Planning Commission's 2010 Annual Retreat
Planning Director, Eric R. Lawrence, presented the Commission with a handout of the
Planning Commission's 2010 Annual Retreat Meeting Summary Notes and Prioritization. Mr. Lawrence
said the prioritization is the result of everyone listening and learning and providing comments back to the
staff. He said the prioritization has been submitted to the County Administration as the Work Program
Goals for the Planning Department for the upcoming year. He noted the primary goal for prioritization
was a rewrite of the Comprehensive Policy Plan.
Chairman Wilmot announced that the Board of Supervisors has provided their
endorsement for the Planning Commission to proceed with the update of the Comprehensive Policy Plan.
She said a meeting will be held on April 6, 2010, at 7:00 p.m. for those who have agreed to assist with
this task. She said approximately 42-43 people will be involved in the process. Chairman Wilmot
estimated that the process would be completed by July 1, 2010.
Commissioner Oates announced that the public meeting for the Route 11 Northeast Land
Use Plan will be held at the Stonewall Elementary School on April 20, 2010, at 7:00 p.m.
ADJOURNMENT
No further business remained to be discussed and the meeting adjourned at 7:50 p.m. by a unanimous
vote.
Respectfully submitted,
June M. Wilmot, Chairman
Eric R. Lawrence, Secretary
Frederick County Planning Commission Page 2614
Minutes of March 17, 2010
rl
0
CONDITIONAL USE PERMIT #03-10
♦GK ' Cep
w4 �� ANIMAL MEDICAL CENTER
a Staff Report for the Planning Commission
' Prepared: April 13, 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: 05/05/10 Pending
Board of Supervisors: 05/26/10 Pending
EXECUTIVE SUMMARY: This is to allow for a building expansion and parking associated
with the conditions set forth by Conditional Use Permit 406-95.
Should the Planning Commission find this modification appropriate, Staff would suggest the
following conditions be placed on the CUP:
1. All review agency comments shall be complied with at all times.
2. A monument type business sign not exceeding six feet in height and 20 feet in face area
shall be allowed.
3. A six foot opaque fence shall be constructed between the building additions and the
parking areas along the north property line.
4. Only animals required to be hospitalized for medical reasons shall be boarded overnight.
5. Animals recovering at the facility will only be permitted in the outside area for brief
exercise periods.
6. Total building area shall not exceed 12,500 square feet.
7. An engineered site plan shall be submitted and approved by Frederick County,
S. 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 #03-10, Animal Medical Center
April 13, 2010
Page 2
LOCA f ION: T hls props y is located + 58n n ylor n„ "u,.,.+A 54��
Qt 7 n 1Vt 'D klwuw , ).
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBER: 75-A-38
PROPERTY ZONING & PRESENT USE:
Zoned: RP (Residential Performance)
Land Use: Residential
ADJOINING PROPERTY ZONING & USE:
North: RP (Residential Performance) Land Use: Residential
South: RP (Residential Performance) Land Use: Residential
East: RP (Residential Performance) Land Use: Residential
West: B-1 (Business, Neighborhood) Land Use: Church
PROPOSED USE: This application is to allow for a building expansion and parking associated
with the conditions set forth by Conditional Use Permit #06-95.
REVIEW EVALUATIONS:
Virginia Department of Transportation: The application for a Conditional Use Permit for this
property appears to have little measurable impact on Route 647, the VDOT facility which would
provide access to the property. Existing entrance is adequate for proposed use. However, should
use ever expand in the future, the entrance may have to be upgraded to VDOT commercial
standards.
Frederick County Fire Marshall: Plans are approved with the addition of a fire hydrant to
meet County Code 90-4 E (2). In areas developed with single family detached or duplex
dwelling units, there shall be a fire hydrant within 400 feet of all units. In areas developed with
three to five dwelling units per structure, there shall be a hydrant within 300 feet of all units. In
areas developed with six or more dwelling units per structure, there shall be a t least two
hydrants within 300 feet of all units. In areas developed with industrial or commercial
developments, there shall be a hydrant within 300 feet of all portions of any structure. Where
one hydrant is dedicated to the operation of a standpipe system, there shall be at least one other
hydrant meeting the distance requirements set forth above. The hydrant dedicated to the
CUP #03-10, Animal Medical Center
April 13, 2010
Page 3
operation of the standpipe system shall not be farther than 50 feet from the standpipe. Distance
measurements under this section shall be along center -line roadway surfaces or along surfaces
meeting the requirements of a fire lane (designated or undesignated) where appropriate, but in all
cases access to each hydrant shall be directly from a roadway and/or fire lane.
Frederick County Inspections: Addition shall comply with The 2006 Virginia Uniform
Statewide Building Code and Section 304, use group B (Business), of the International Building
Code/2006. Other Code that applies to IBC/ANSI Al 17.1-03 Accessible and Usable Buildings
and Facilities. Building is required to be equipped with an accessible route (elevator) to floors
exceeding 3,000 sq. ft. per Chap I I IBC. New parking area shall meet the handicap parking
quantities as required by T1106.1. HC Parking Signage per USBC 1106.8. Accessible route
from parking to entrance is required. ANSI 20% rule shall apply for improvements. This type
structure shall be subject to special inspections according to Chapter 17 of the IBC (soils,
concrete, etc.).
Frederick County Sanitation Authority: No comment.
Planning and Zoning: Veterinary offices are a permitted use in the RP (Residential
Performance) zoning district with an approved Conditional Use Permit (CUP). This property
currently has a Conditional Use Permit (CUP #06-95), approved by the Board of Supervisors on
August 9, 1995, for a veterinary hospital. Currently, the building foot print is approximately
3,500 square feet. The applicant is applying for an expansion of Conditional Use Permit 06-95
for a building addition of no more than 12,550 square feet of total building foot print of all of the
buildings on the property. A new site plan will be required with this building addition, updating
the site to meet the current ordinance requirements, which includes parking. The property is
surrounded by RP (Residential Performance) zoned properties and has been in operation for 15
years with no history of complaints or zoning violations. The original conditions of this CUP
will be void and new conditions will be assigned to bring the use into conformance with the
current ordinance. A copy of the original conditions is included with the staff report.
STAFF CONCLUSIONS FOR THE 05/05/10 PLANNING COMMISSION MEETING:
Should the Planning Commission find this use appropriate, Staff would recommend the
following conditions:
All review agency comments shall be complied with at all times.
2. A monument type sign business not exceeding six feet in height and 20 feet in face area
shall be allowed.
CUP #03-10, Animal Medical Center
April 13, 2010
Page 4
3. A six foot opaque fence shall be constructed between the building additions and the
parking areas along the north property line.
4. Only animals required to be hospitalized for medical reasons shall be boarded overnight.
5. Animals recovering at the facility will only be permitted in the outside area for brief
exercise periods.
6. Total building area shall not exceed 12,500 square feet.
7. An engineered site plan shall be submitted and approved by Frederick County.
8. 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.
T5 A 37
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75 A. 39
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` COUNTY of FREDERICK
Department of Planning and Development
7031665-5651
FAX 703/678-0682
August 10, 1995
Mr. Bruce E. Welch
1904 Double Church Road
Stephens City, Virginia 22655
RE: CUP #006-95 OF BRUCE _E. WELCH; P.I.N. 75-A-38
Dear Mr. Welch:
This letter is to confirm action taken by the Frederick County Board of Supervisors at their
meeting of August 9, 1995.
Your Conditional Use Permit, for a veterinary hospital, has been approved by the Board of
Supervisors with the following conditions:
1. A site plan must be submitted and approved.
2. A business sign of the monument type not exceeding 6 feet in height and a
maximum of 20 square feet will be allowed.
3. The use shall have a full screen to protect residential areas. Location and extent
of the screening to be determined by staff during the site plan process.
4. Any proposed expansion beyond that approved on the original site plan will
require a new conditional use permit and a revised site plan.
5. The proposed clinic or hospital must be connected to public sewer and water.
6. Compliance with all review agency comments must be completed prior to
beginning operation.
7. Only animals required to be hospitalized for medical reasons shall be allowed to
remain on premises overnight.
107 North Kent Street P.O. Box 601
Winchester, VA 22601 Winchester, VA 22604
Page 2
Mr. Bruce E. Welch
August 10, 1995
8. Animals recovering at the facility will only be permitted in outside area for brief
exercise periods.
If you have any questions regarding your Conditional Use Permit please feel free to call this
office.
Sincerely,
W. Wayn Miller
Zoning Administrator
WWM/dc
cc: Ellen Murphy, Commissioner of Revenue
Submittal Deadline `/ V//(D
P/C Meeting o
BOS Meeting
APPLICATION FOR CONDITIONAL USE PERMIT
FREDERICK COUNTY, VIRGINIA
1. Applicant (The applicant if the x owner other)
NAME: Dr. Bruce Welch and Dr. Brian Cather
ADDRESS: P.O. Box 1117, Stephens City, VA, 22655
TELEPHONE: (540) 868-1001
2. Please list all owners, occupants, or parties in interest of the property:
Dr. Bruce Welch and Dr. Brian Cather, members BC & BW Enterprises LLC
3. The property is located at: (please give exact directions and include the route number of
your road or street)
689 Aylor Road Stephens City, VA 22655
4. The property has a road frontage of +/- 212' feet and a depth of +/- 480' feet and
consists of 2.298 acres. (Please be exact)
5. The property is owned by BC & BW Enterprises, LLC as evidenced by deed
from Dr. Bruce Welch recorded
(previous owner)
in deed book no. 900 on page 1140 , as recorded in the records of the Clerk of
the Circuit Court, County of Frederick.
rel
Tax (Parcel) Identification No. (P.I.N.) 75 -
Magisterial District Shawnee
Current Zoning RP
0
7. Adjoining Property:
RP
RP
RP
B-1
ZONING
8. The type of use proposed is (consult with the Planning Dept. before completing)
Property has an existing_ IID #006-95 allo Hosgjial_ An addition is desired that
will require additional parking, condition #4 of the existing CUP requires any expansion to a I
for a new CUP and provide a new site plan
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 Lila Sine
PROPERTY ID#74B-3-1-1
NAME Nate Battaglia
PROPERTY ID#74B-3-1-2
NAME Steven Ki
PROPERTY ID# 74B-3-1-3
NAME Larry D. & Ann L. Flessner
PROPERTY ID# 74B-3-1-4
NAME Abundant Life Church
PROPERTY ID475-A-37
NAME Sheila Jennelle
PROPERTY ID# 75E-1-3-1
ADDRESS 101 Frederick Rd, Stephens City, VA 22655
ADDRESS 103 Frederick Rd, Stephens City, VA 22655
ADDRESS 105 Frederick Rd, Stephens City, VA 22655
ADDRESS 107 Frederick Rd, Stephens City, VA 22655
ADDRESS 700 Aylor Rd, Stephens City, VA 22655
ADDRESS 100 Westmoreland Dr., Stephens City, VA 22655
USE
North
Residential
East
Residential
South
Residential
West
Church
RP
RP
RP
B-1
ZONING
8. The type of use proposed is (consult with the Planning Dept. before completing)
Property has an existing_ IID #006-95 allo Hosgjial_ An addition is desired that
will require additional parking, condition #4 of the existing CUP requires any expansion to a I
for a new CUP and provide a new site plan
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 Lila Sine
PROPERTY ID#74B-3-1-1
NAME Nate Battaglia
PROPERTY ID#74B-3-1-2
NAME Steven Ki
PROPERTY ID# 74B-3-1-3
NAME Larry D. & Ann L. Flessner
PROPERTY ID# 74B-3-1-4
NAME Abundant Life Church
PROPERTY ID475-A-37
NAME Sheila Jennelle
PROPERTY ID# 75E-1-3-1
ADDRESS 101 Frederick Rd, Stephens City, VA 22655
ADDRESS 103 Frederick Rd, Stephens City, VA 22655
ADDRESS 105 Frederick Rd, Stephens City, VA 22655
ADDRESS 107 Frederick Rd, Stephens City, VA 22655
ADDRESS 700 Aylor Rd, Stephens City, VA 22655
ADDRESS 100 Westmoreland Dr., Stephens City, VA 22655
NAME Thelma Newlin
PROPERTY ID#75E-1-3-2
NAME Paul J. Goode
PROPERTY ID#75E-1-3-3
NAME John R. Laub
PROPERTY ID#75E-1-3-4
NAME Lawrence Compher
PROPERTY ID475E-1-3-5
NAME Wanda & Jacob Ricker
PROPERTY ID# 75E-1-3-6
NAME Harold & Etrulia Burdette
PROPERTY ID475E-1-3-7
NAME
PROPERTY ID#
NAME
PROPERTY ID#
NAME
PROPERTY ID#
NAME
PROPERTY ID#
NAME
PROPERTY ID#
NAME
PROPERTY ID#
ADDRESS 102 Westmoreland Dr., Stephens City, VA 22655
ADDRESS 137 Accomack Circle, Stephens City, VA 22655
ADDRESS 106 Westmoreland Dr., Stephens City, VA 22655
ADDRESS 108 Westmoreland Dr., Stephens City, VA 22655
ADDRESS 204 Accomack Circle., Stephens City, VA 22655
ADDRESS 206 Accomack Circle, Stephens City, VA 22655
ADDRESS
ADDRESS
ADDRESS
ADDRESS
ADDRESS
ADDRESS
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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 PO
S
Owners' Telephone No. SW— (�-16 O O /
TO BE COMPLETED BY THE ZONING ADMINISTRATOR:
USE CODE:
RENEWAL DATE:
Special Limited Power of Attorney ,
County of Frederick, Virginia
Pianning Office, r:ounry ai Frederk-k, V n Wa, 107 INortn hent Sireet, Wimbester, b%ini s 126ui
Mae 540-665-5661
Faesisile 540-"543"
Know All Men By These Presents: That i (We)
(Narnc) Bruce Welch & Brian Cather
(Phone) (540) 868-1001
(Addras) 689 Aylor Road, Stephens City, VA 22655
the owncr(s) of all those tracts or parcels of land ('Property") conveyed to me (us), by deed recorded in the
Clark's Office of the Circuit Court of the County of Frederick, Virginia, by
lnstrum.nt No. Deed Book 900, Page 1140 , and is &=ibed as
Parcel: 75 Lot: A glwk- Section:
do hereby make, constitute and appoint:
Subdivision: 38
(Name) GreyWolfe, Inc - Gary R. Oates, LS -B, PE (Phone) 667-2001
(A&km) 1073 Redbud Road, Winchester, VA 22603-4757
To act as my true and lawful attorney-in-fact for and in my (our) name, place and stead with full power and
authority I (we) would have if acting personally to file planning applications for my (our) above described
Property, including:
❑ Rezoning (Iacludiog proffers)
M Conditional Use Permits
❑ Master Development Plan (Preliminary aid Final)
H Sabdiviaiaa
Z Site Flan
My attorney -in -fast shall have the authority to offer proffered conditions and to make amendments to
previously approved proffered conditions except as follows:
This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or
modified_ t�
in witness thereof. I (wc) have hetrto set m}' (our) hard seal this day of r�n�Cr l , 20� �,
Signature(
State of Virginia, City/County of ArKi er L c(C , To -wit_ -
i, a Notary Public in and for the jurisdiction aforesaid, certify that the pe rsm(s)
who signed to the foregoing instrument and who is (are) known to mc, personally app��forc me
and has acknowl!7My
the sante fore me in the jurisdiction aforesaid this �`2lay of 20C O
.
�
(�Y.COMI&SIGN EMPIRES JANUARY 31, Commission Expires: -
N"ry Public
C�
C_:
COUNT' of FREDERICK
Department of Planning aad Development
540/665-5651
MEMORANDUM FAX: 540/665-6395
TO: Frederick County Planning Commission
FROM: Eric R. Lawrence, AICP, Planning Director��
SUBJECT: Extensions of Water Service Outside of the SWSA
Stephenson Rural Community Center
DATE: April 20, 2010
This past fall, staff received a request to enable an existing residence of the Stephenson
area to gain access to a public water line located within their front yard. The residence
was located outside of the Sewer and Water Service Area (SWSA) and was, therefore by
policy, not permitted to access this public water. Many of the property's adjacent
neighbors, while also outside the SWSA, did have water service. The Board of
Supervisors, on November 18, 2009, ultimately granted the residence access to the water
service.
Through the Board's deliberations, it was noted that other properties exist that utilize the
public water service but are located outside the SWSA. The Board suggested that it was
appropriate to establish a list of properties that are outside of the SWSA but are
connected to public water. Staff will also work on establishing a list of properties located
outside the SWSA, not utilizing the water service but with water lines existing on their
properties. These lists could then be considered at a future Board meeting for adoption as
an exception to the SWSA, formalizing their policy rights to utilize the water service.
At the annual Planning Commission Retreat, this project was placed on the agenda.
Unfortunately, the weather prohibited the item from receiving a thorough discussion; the
item is now being presented to the Planning Commission as a discussion item.
For this Planning Commission discussion, staff will present the Stephenson area findings,
and seek discussion as to the appropriateness of proceeding to gain an exemption to the
SWSA for the water service. It is our intention to use the Stephenson community as a
prototype to the process and, as appropriate, to extend the effort to other portions of the
County where exemptions to the SWSA policy may be appropriate reflective of past
actions.
107 North Kent Street, Suite 202 0 Winchester, Virginia 22.501-5000
Planning Commission
Re: Extension of Water Service
April 20, 2010
Page 2
Identification of Issue
There are a number of locations where public water lines have extended beyond the
boundaries of the SWSA. Staff has mapped the existing water lines in relation to the
SWSA to visually identify these non-SWSA compliant areas (see Map). These water
lines were extended prior to the County's adoption of a SWSA, and review of files does
not indicate whether the Board ever granted an exception or grandfathered the use of the
line.
A second map provides a close-up of the Stephenson area with the properties containing
water lines identified.
Potential Reasons for Discrepancy with SWSA
Through discussion with individuals with historical knowledge of some of the
questionable areas, we have learned that at various times in history water lines were
extended to provide potable water to small lot subdivisions. Often the water line
extension was necessary so that potable water could be provided to residential areas that
were experiencing fecal coli form in their wells. Costs of the infrastructure improvement
were offset by low/no interest loans that would be repaid by the new water users in the
served areas. Our research shows that not all property owners opted to connect to the
water; which supports why not all properties on a given street are connected to the water
service.
It should be noted that many, if not all, of the water line extensions occurred prior to the
County adopting the service area boundary referred to as the SWSA in the early 1990s.
Stephenson Area Study
For the purpose of this presentation, staff will offer an overview of the number of lots
within the Stephenson area that are connected to water, as well as those properties with
water lines but are not connected. Neither has been granted water access by the more
recent SWSA policy.
The streets that appear to have water lines and will be further discussed:
Stephenson Road
Old Charlestown Road
Jordan Springs Road
Morrison Road
Gun Club Road
November 18, 2009 Board meeting minutes
REQUEST TO EXTEND WATER SERVICE OUTSIDE OF THE SEWER
AND WATER SERVICE AREA (SWSA), RONALD HOWSER
PROPERTY IN STEPHENSON - APPROVED
Planning Director Eric Lawrence appeared before the Board regarding this
item. He advised that staff received a request to enable an existing residence to gain
access to a public water line located within their front yard. The residence is located
outside of the Sewer and Water Service Area (SWSA) and is by policy not permitted to
access this public water. Director Lawrence noted this request to tap into the existing
water line of the property can be sponsored by a board member and this particular
application has board member sponsorship.
Chairman Shickle stated this request troubles him because there is no record of
the other properties getting permission to connect to this service outside of the Sewer and
Water Service Area.
Supervisor DeHaven stated the fact that these lines are here at all has to do with
water concerns in the area.
Chairman Shickle went on to say if a record exists then this one could be
added, but if there is no record then they all should be added.
Supervisor Fisher advised the Sanitation Authority made an offer to the current
property owner, but she declined.
Supervisor DeHaven stated if the Board is protecting policies it has been
implementing then he understands that.
Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the
Board approved the resolution granting the extension of water service outside of the
SWSA to serve the existing residence at 344 Gun Club Road and that staff expand this
resolution to include other properties and bring it back when they are ready to address
other properties. expanded it to ;»elude others on the same street.
WHEREAS, Mr. Ronald Howser, property owner, wishes to connect his existing two
bedroom residence at 344 Gun Club Road, identified by Property Identification Number
44-A-197, to the public water system; and
WHEREAS, the Frederick County Sanitation Authority (FCSA) has maintained a water
line on the subject property and provided water service to 13 residences adjacent to the
subject property, since prior to 1992; and
WHEREAS, the request for extension of water service would only serve the existing two
bedroom residence located at 344 Gun Club Road; and
WHEREAS, this extension of water service outside of the SWSA request was sponsored
and presented to the Board of Supervisors by the Stonewall Magisterial District
Supervisor on this day; and
NOW, THEREFORE, BE IT ORDAINED that the Board of Supervisors authorizes the
extension of water service outside of the SWSA to serve the existing residence at 344
Gun Club Road.
Passed this 18th day of November, 2009 by the following recorded vote:
Richard C. Shickle
Aye
Bill M. Ewing
Aye
Charles S. DeHaven, Jr.
Aye
Gary W. Dove
Aye
Gene E. Fisher
Aye
Philip A. Lemieux
Aye
Gary A. Lofton
Aye
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