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PC 08-05-09 Meeting AgendaAGENDA FREDERICTK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia August 5, 2009 7:00 P.Ms 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 17, 2009 and July 1, 2009 Minutes.......................................................................... (A) 3) Committee Reports.................................................................................................. (no tab) 4) Citizen Comments.................................................................................................... (no tab) PUBLIC BEARING 5) Rezoning #04-09 of the Wampler Property, submitted by Patton Harris Rust & Associates, to rezone 2.16 acres from RA (Rural Areas) District to B2 (General Business) District, with proffers, for Commercial Use. The property is located west and adjacent to Martinsburg Pike (Route 11), approximately 1,000 feet south of the intersection of Route 11 and Stephenson Road and approximately 1,900 feet north of the intersection of Route 11 and Old Charlestown Road, in the Stonewall Magisterial District, and is identified by Property Identification Number 4413-1-12D. Mr. Ruddy........................................................................................................................ (B) 6) Ordinance Amendment — Chapter 165 Zoning. Recodification of Chapter 165 Zoning of the Code of Frederick County for a revised format. Mrs. Perkins..................................................................................................................... (C) 7) Ordinance Amendment — Chapter 165, Article XV Floodplain Districts. Revisions to the Frederick County Zoning Ordinance to comply with the 2009 Flood Insurance Study and the Flood Insurance Rate Map for Frederick County. Mrs. Perkins..................................................................................................................... (D) PUBLIC MEETING 8) Subdivision #03-09 and Waiver Request of Miller Auto Sales, submitted by Painter - Lewis, P.L.C., to create four out -parcel lots, and waiver of the Code of Frederick County, Subdivision of Land, Chapter 144, Article V Design Standards, § 144-24 Lot Requirements, (C) Lot Access. The property is located on the eastern side of Valley Pike (Route 11), south of the Route 37 interchange at Kernstown Commons, in the Shawnee Magisterial District, and is identified by Property Identification Number 75-A-11 C. Mr. Cheran ........ ................ (E) FILE COPY COMMISSION DISCUSSION 9) Ordinance Amendment — Fabricated metal Products (SIC 3482 and 3484) in the MI (Light Industrial) District. Mrs. Perkins..................................................................................................................... (F) 10) Other • L 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 17, 2009. PRESENT: June M. Wilmot, Chainnan/Member at Large; Brian Madagan, Opequon District; Gary R. Oates, Stonewall District; Richard Ruckman, Stonewall District; Lawrence R. Ambrogi, Shawnee District; H. Paige Manuel, Shawanee District; Charles E. Triplett, Gainesboro District; George J. Kriz, Gainesboro District; Gregory S. Kerr, Red Bud District; Greg L. Unger, Back Creek District; Kevin O. Crosen, Back Creek District; Roderick Williams, Legal Counsel; and Gary Lofton, Board of Supervisors Liaison. ABSENT: Roger L. Thomas, Vice Chairnan/Opequon District; Christopher M. Molm, Red Bud District. STAFF PRESENT: Eric R. Lawrence, Planning Director, Michael T. Ruddy, Deputy Planning Director, Mark R. Cheran, Zoning & Subdivision Administrator, John A. Bishop, Deputy Director -Transportation; Candice E. Perkins, Senior Planner,- and Renee' S. Arlotta, Clerk. CALL TO ORDER Chairman Wilmot called the meeting to order at 7:00 p.m. INTRODUCTION OF KEVIN O. CROSEN, NEWLY -APPOINTED BACK CREEK DISTRICT COMMISSIONER Chairman Wilmot welcomed the newly -appointed Back Creek District Commissioner, Mr. Kevin O. Crosen, to the Planning Commission. RESOLUTION OF APPRECIATION — CORDELL WATT, BACK CREEK COMMISSIONER Chairman Wilmot announced that Commissioner Cordell Watt, Back Creek Representative, will be leaving the Planning Commission after eight years of service. A Resolution of Appreciation to Commissioner Watt from the Planning Con-unission was read by Commissioner Unger and presented to Commissioner Watt. Commissioner Watt thanked the Planning Commission. Connrnissioner Watt spoke about how he had enjoyed serving on the Commission and, particularly, being a part of the Rural Areas Study. Frederick County Planning Commission Page 2478 Minutes of June 17, 2009 MCI,� ADOPTION OF THE JUNE 17, 2009 AGENDA Upon inotion made by Commissioner Kriz and seconded by Commissioner Triplett, the Planning Commission unanimously adopted the Julie 17, 2009 agenda for this evening's meeting. MINUTES Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the Plamung Commission unanimously approved the minutes of the April 15, 2009 meeting. Upon motion made by Conunissioner Kriz and seconded by Comnussioner Triplett, die Plain -ling Conunlssion unanimously approved the minutes of the May 6, 2009 meeting. COMMITTEE REPORTS New Committee Assignment — Conservation Easement Authority ChairrnarrWilmot announced that Commissioner Charles Triplett has agreed to serve as the Commission's liaison to the Conservation Easement Authority, in order to fill the vacancy left by retiring Commissioner Watt. Community Facilities Subcommittee — 06/19/09 Mtg. ConLmissioner Kriz said the Community Facilities Subcommittee will be meeting on June 19, 2009, and they will discuss the coordination and content of individual deparhnental sections, including new material. He said they will also discuss a coordinated public input approach. Economic Development Commission (EDC) — 06/12/09 Mtg. Connnissioner Kerr reported that the only topic of discussion, which is a vital and important one, was the funding of the EDC. Commissioner Kerr said the EDC had prepared their budget for the upcoming year knowing they were probably facing a 15% reduction from the City of Winchester; however, they were recently informed they had lost all of the City of Winchester's funding. He said the EDC is faced without $72,000 for the upcoming year and there are difficult decisions to be made. Connnissioner Kerr said it will be business as usual Frederick County Planning Conunission Minutes of June 17, 2009 Page 2479 for the immediate future. He added that the City of Winchester has assured the EDC that if revenue becomes available, they will revisit this issue_ Sanitation Authority (SA) — 06/16/09 Mtg. Conhmissioner Unger reported that the SA anticipates 200 new customers this year, which is doom considerably from past years; new coimections in previous years were between 450 and 600. Commissioner Unger also reported the follovh ing items: rainfall for the month of May was very good at 8.8 inches, which has helped the quarries; the Diehl plant is producing 1.6mgd of water; the Anderson plant is producing 1.8mgd; and 1. lmgd is being purchased from the City of Winchester. Commissioner Unger noted that with the increase in rates by the City of Winchester, the average homeotxmmr in Frederick County will be affected by an increase in rates of approximately $12415 every two months. Historic Resources Advisory Board (HRAB) - 06/16/09 Mtg. Commissioner Oates reported that the HRAB welcomed two new members, Mr. Clint Jones and Mr. Bob Hess; Ms. Rhoda Kriz was re-elected as Chairman; and Ms. Libby Fravel haus elected as Vice Chairman. He said there was one item on the agenda, the Bishop -Amari property on Route 50 West. He said there were two coininents: 1) gasoline stations were not proffered out and allowing this use presented a compatibility issue with the historic nature of adjoining properties; 2) the applicant was strongly urged to use a similar buffer and screening with a tree save as the National Lutheran Home. Comprehensive Plans & Programs Executive Committee — 06/22/09 Mtg. Commissioner Kriz reported that the Comprehensive Pians & Programs Executive Conunittee will be meeting on Monday, June 22, 2009, at 9:30 a.m. He said the three items submitted were: 1) CPPA #01- 09 of Opequon Crossing for an Eastern Road Plan Revision; 2) CPPA #02-09 of Newtown Commercial for a SWSA Expansion of 79.1 acres; and 3) CPPA #03-09 of Rock Harbor Golf Course for a SWSA Expansion of 259.43 acres. Commn-iissioner Kriz said this will be a joint meeting with the Transportation Connnittee because of the request for a revision to the Eastern Road Plan. Development Review & Regulations Committee (DRRC) — 05/28/09 Mtg. Conmhissioner Unger reported that the DRRC had discussions on the folloANring items: 1) height requirements in the HE (Higher Education) District; 2) landscaping requirements ul the RA (Rural Areas) Zomig District; 3) buffer requirements and buffer waiver opportunities for properties with different zoning districts contained on the same MDP (master development plan); 4) Chapter 165 Revisions to restructure the ordinance by revising the numbering method currently utilized and to relocate existing sections; and, 5) revisions to the Frederick County Planning Commission Minutes of June 17, 2009 Page 2480 definition of attached dwellings within the zoning ordinance. CITIZEN COMMENTS Chairman Wilmot called for public continents on any subject not on the Commission's agenda for this evening and the following persons came forward to speak: Ms. Rebecca Bronson, FCVEN President, Gainesboro District, and Ms. Cathy Shultz, FCVEN member, were representing the FCVEN (Frederick County, Virginia Equine Network). Ms. Bronson said they wanted to introduce the organization to the Planning Commission and to inform the Commission about the increasing presence of horses and horse people in Frederick County. The Commissioners were provided with a copy of the 2009 FCVEN Directory, ui which there were a number of equine -related businesses represented, she said their network- consists of about 6� horse owners, businesses, and other organizations. Ms. Bronson invited the Planning Continission to their upcoming legislative hayride in September at Wagon Wheel Ranch; she said the organization is interested in getting to know their local legislative representatives. Ms. Bronson said there are over 1,000 horses in Frederick County, according to the 2006 National Agricultural Statistical Survey conducted by the USDA. She said those 1,000 horses represent about 2.8 million dollars in economic activity in Frederick County. Ms. Bronson spoke about the activities and sponsorships their organization is involved with. She said they hoped this con lection would benefit Frederick County economically as well as socially and help to maintain the rural character of the County as well. PUBIC HEARING Rezoning Application 03-09 of Walgreens at Dairy Corner Place, submitted by Patton Harris Rust & Associates, Inc. (PHR&A), to rezone 3.1 acres from RP (Residential Performance) District to B2 (Business General) District with proffers and 0.9 acres from B2 to B2 District with proffers, for a total of 4.0 acres of commercial use. The properties are located at the southeast corner of the intersection of Berryville Pike (Rt. 7) and Valley Mill Road (Rt. 659), adjacent to Dairy Corner Place. The properties are further identified with PINs 54F-1-9, 54F -1-9A, 54F -A-30, 54F -3-A, 54F -3 -Al, 54F -3-A2, and 54-A-1 12C in the Red Bud Magisterial District. Action — Recommended Approval with Proffers Deputy Planning Director, Michael T. Ruddy, reported that this application is a new version of REZ # 12-08 which was previously heard by the Planning Commission on December 17, 2008, and subsequently tabled for an unspecified period of time, based upon a request by the applicant. He said the applicant officially withdrew REZ #12-08 to proceed with REZ #03-09, which supersedes the original application. Mr. Ruddynoted that this new application, REZ #03-09, is substantially different in that it includes additional property. Mr. Ruddy explained this application is to rezone five entire parcels and a portion of an additional parcel, totaling four acres; from the RP (Residential Performance) District to the B2 (Business General) District, with proffers, which is consistent with the land use designation of the Comprehensive Policy Plan. Mr. Ruddy said the proposal calls for commercial land uses, including a 15,000 square -foot pharmacy, in addition to 10,000 square -feet of general cominercial uses. Frederick County Planning Commission D Page 2481 Minutes of Tune 17, 2009 -5 - Mr. Ruddy recalled when the Commission previously considered this request, there was considerable discussion about the overall transportation planning efforts in the area, 1111th regards to Valley Mill Road. hi addition, there was discussion about the TIA (Transportation Impact Analysis) and impacts, the LOS (level of service), and access to the site, particularly Dairy Place Corner. He said the applicant had the opportUl2ity t:, niC1LId% this additional property, whICll prOvldes the ablll to have access t tS' s a_ the Martin Drive entrance to 220 Seafood, in addition to what was originally proposed on Valley Mill Road, utilizing an internal connection. Mr. Ruddy commented that while this new modified request does not have direct access onto Dairy Place Comer, there are still two points of access: Valley Mill Road and Martin Drive. Mr. Ruddy pointed out that the applicant has provided improvements on Valley Mill Road, at the intersection of Valley Mill Road, Route 7, and I-81, although the LOS remains less than "D" at that location. Furthermore, with the applicant's purchase of additional land, the applicant has removed the $10,000 contribution for off-site improvements previously proffered. Mr. Ruddy said the applicant has broadened the 10,000 square - foot commercial allowance from office to a variety of B2 colnlnercial uses; however, high traffic-generatuiguses of the 132, such as gasoline service station, fast food restaurants, and convenience stores have been eliminated. Commissioner Kerr asked if the improvements to Valley Mill have stayed the same as the previous application and Mr. Ruddy replied yes. Colnlnissioner Oates raised the issue of student and bus traffic at the Dowell J. Howard Vocational -Technical Center entrance; he asked if the staff anticipated improvements there to accommodate the school. Mr. Ruddy said that while additional lane improvements are being provided and a left -turn lane into the site is being acconunodated, part of the staff's desire is to have the improvements extend back toward Martin Drive, which would provide the ability to have a left -turn lane into Dowell J. Howard Vocational -Technical Center_ He said this could be a simple extension of the improvements back to the existing entrance on Martin Drive, providing for a safe left -turn movement_ Chairman Wilmot said there were a number of cormnents in the staffreport about the long-range plans for the intersection of Route 7 and I-81. She recognized the I-81 study and design were done some time ago, and she asked how applicants could contribute towards those long-range plans. Mr. Ruddy said the 1-81 plans tern-imate Valley Mill Road and enable an additional road, or Valley Mill Road relocated, to connect with the Gateway Shopping Center_ Mr_ Ruddy said when properties behind this particular area seek to rezone, they should address the long-range goals of the Comprehensive Policy Plan, along with others in the area who could potentially contribute in the future. He said obviously, applicants need to take care of the traffic they are dealing with today, but should also be thinking towards the future and making sure nothing is done to cause future transportation problems in the area. Mr. Ronald Mislowsky with Patton, Harris, Rust & Associates, Inc. (PHR&A), was representing this application. Mr_ Mislowsky presented a revised GDP showing the closed access to Dairy Corner Lane and the proposed new internal access road with a commercial entrance on Valley Mill Road and the use ofthe existmg 220 Seafood connection to Route 7. Mr. Mislowsky described the proposed lane improvements on Valley Mill Road, as well as the pedestrian connection, and street trees along Valley Mill Road and Route 7. He commented that the existing LOS conditions on Valley Mill Road were Es and Fs; however, with their proposed improvements, the LOS will improve to a Level D. He also pointed out the easement to the Ganse property. Mr. Mislowsky stated that due to the significant costs of purchasing the additional property and constructing the internal access road, they have eliminated the $10,000 cash proffer offered with the earlier version of the plan. In addition, they have eliminated the high -trip traffic generators from the uses and are simply offering 10,000 square feet of retail use with proffers. Mr. Mlslov.,sky believed the applicant's proffer was fair Frederick County Planning Commissionn Minutes of June 17, 2009 00 r1w Page 2482 W:M and addressed the area's transportation impacts. He said both VDOT and the Planning Staffwere fine with those changes; they felt it was a net benefit to provide the inter -parcel connector and to acquire the additional property. Mr. Misloxvsky neat spoke about the improvements at the Dowell J. Howard Vocational - Technical Center entrance. He said that much of the traffic around the entrance to Dowell J.Howard Vocational - Technical Center moves in a circular pattern. In their discussions with VDOT about where the Walgreens' entrance should be, lie said VDOT agreed the entrance should be lined up across from Dowell J. Circle. Commissioner Oates said for safety reasons, he preferred to see a left -turn lane in to Dowell J. Howard by extending the lane back about 200 feet with additional pavement. He also recognized the need for conunercial uses to have visibility along Route 7; therefore, instead of placing street trees, he suggested the applicant submit design guidelines for building materials for the commercial uses. He said he would go along with eliminating the street trees if there were building design guidelines because this was a well -traveled portion of Route 7. Mr. Mislowsk-y did not believe he could make a commitment to do more than what is shown in the existing proffer with regards to building materials without consultation with his client. Mr. Mislowsky said the applicant responded to the request they received for street trees at the previous meeting and they would like to move fonN,ard. He understood there maybe a concern and he said they may be able to address that concern as the application moves forward, possibly enhancing the materials palette for the office buildings and providing an illustration of the Walgreens store. He added that with regard to the improvements on Valley Mill Road, the applicant has satisfied VDOT and the Deputy Director -Transportation with regards to the revised proposal. In addition, he believed the applicant had exceeded requirements by constructing the connector road down to the entrance at Route 7. Chainnan Wilmot called for public convnents; however, no one came forward to speak. Deputy Director -Transportation, John A. Bishop, was supportive of the changes to the entrance because of serious transportation concerns he had with the entrance directly on Dairy Corner Place. He said from a transportation perspective, he was not too concerned about the extra commercial square footage requested. Mr. Bishop expressed support for adding the left -turn lane into Dowell J. Howard. Frederick County Public Schools Division Planner, Mr. Wayne Lee, was asked by a Commission member for his opinion about the left -turn lane at Dowell J. Howard. Mr. Lee agreed the left -turn lane would be helpful; however, some of their concerns were offset by the applicant proffering out the traffic -intensive uses. He said the one remaining issue would be for buses attempting to make left turns out of Dowell J. Howard and the east -bound traffic on Valley Mill Road. Other Coimmission members agreed a left -tum lane into Dowell J. Howard was a good idea for safety reasons and they also thought guidelines for building materials for conunercial structures would be beneficial. However, they commented that at the previous Plaiming Commission meeting, the applicant was provided with recommendations from VDOT, the Staff, and the Commission and now the Commission is asking for something different. They questioned the appropriateness of imposing this on the applicant at this time. There was further discussion among Commissioners that the left -turn lane for Dowell J. Howard may be able to be addressed Nvhen the other properties come into play. Commissioners said they preferred the applicant present building design guidelines when the rezoning is considered by the Board of Supervisors. Frederick County Planning Commission -� Page 2483 Minutes of .Tune 17, 2009 j {U{IM -7- A motion was made by Conunissioner Kerr to reconu-nend approval of Rezoning 403-09 of Walgreens at Dairy Comer Place and he encouraged the applicant to provide building design standards for the Board of Supervisors' consideration. This motion was seconded by Commissioner Kriz and was passed unanimously. BE IT RESOLVED, That the Frederick County Planning Continission does hereby recormnend approval of Rezoning Application #03-09 of Walgreens at Dairy Comer Place, submitted by Patton Harris Rust & Associates, Inc. (PHR&A), to rezone 3.1 acres from RP (Residential Performance) District to B2 (Business General) District with proffers and 0.9 acres from B2 to B2 District with proffers, for a total of 4.0 acres of commnercial use. The applicant is encouraged to provide building design standards for the Board of Supervisors' consideration. (Note: Conunissioners Mol -in and Thomas were absent from the meeting.) An ordinance to amend the Frederick County Code, Chapter 165, Zoning, Section 165-13, Legal Form and Recordation of Proffers. The proposed ordinance amendment provides requirements fon- the legal forru of proffer statements and for the recordation of proffers. Action — Reconuuended Approval Senior Planner, Candice E. Perkins, reported that the existing ordinance does not contain any standards as to how proffer statements should be written or requirements that proffers be recorded once accepted by the Board of Supervisors. Therefore, she said the Planning Staff prepared this amendment to address those issues, which specifically applies to Chapter 165, Section 13, Conditional Rezoning, in two parts: the first entitled, D. Legal Form of Proffer Statement, and E. Recordation of Proffers. Chairman Wilmot called for public continents; however, no one was present to speak. No issues or concerns were raised by the Cornrnission. Commission members were in favor of the amendment as presented. Upon motion made by Commissioner Kriz and seconded by Corimussioner Triplett, 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, Section 165-13, Legal Fonn and Recordation of Proffers. The proposed ordinance amendment provides requirements for the legal form of proffer statements and for the recordation of proffers with the addition of. D. Legal Fonn of Proffer Statement. (1) All proffers shall be in writing and shall be in a form suitable for recordation in the land records of Frederick County. (2) The proffer statement shall define the owners of the subject property and shall be signed by all parties involved. Frederick County Plamling Commission Minutes of Tune 17, 2009 Page 2484 S E. Recordation of Proffers. If the Frederick County Board of Supervisors approves proffered conditions as part of a rezoning, the Zoning Administrator or County Attorney shall, x4 ithin ten (10) days of the Board's actions, present the written proffer to the Frederick County Clerk of the Circuit Court for recordation. COMMISSION DISCUSSION An ordinance to amend the Frederick County Code, Chapter 165, Zoning, Article IV, Supplementary Use Regulations, Subsection 26, Secondary or Accessory Uses. The proposed ordinance amendment provides revisions to the zoning ordinance regarding secondary or accessory standards. No Action Required Senior Plarmer Candice E. Perkins reported that in December 2008, revisions were approved to Section 165-26 of the zoning ordinance which addressed Secondary or Accessory Use requirements. Ms. Perkins explained that the revision prohibited accessory retail in the Ml and M2 Zoning Districts. She said on April 8, 2009, the Board of Supervisors directed the staff to take the revised accessory use standards back to the DRRC for further review; specifically, the Board wanted to see accessory retailing added back alto the industrial districts. Ms. Perkins said the Planning Staff has prepared a revision to Section 165-26 to allow for accessory retailing in the OM (Office Manufacturing), M1 (Industrial Limited), and M2 (Industrial General) Districts with the same conditions placed on the B3 (Industrial Transition) District. Accessory retailing would be restricted to no more than 15 percent of the gross floor area and shall not exceed 2,000 square feet. Ms. Perkins said this item was presented to the DRRC (Development Review and Regulations Conurtittee) at their meeting of April 23, 2009. She said the DRRC endorsed the changes and reconunended it be sent to the Plamiing Conunission for discussion. Commissioner Oates commented that since retail is already allowed in B3, such as hardware stores, nurseries, etc., he asked if including B3 would create a problem or if it should be excluded. Ms. Perkins said some of the SIC codes include retail, such as nurseries, but they are actually permitted uses and retail is associated with those. She said this is different from accessory retailing; for example, electrical companies creating a shoxNToom. Ms. Perkins said this amendment pertains to uses permitted in the B3, M 1, M2, and OM Districts that don't already have a sales or retail component. No issues or areas of concern were raised by the Planning Commission. They were in favor of the proposed amendment as presented by the staff. An Ordinance to Amend the Frederick County Code, Chapter 165, Zoning, Article IV, Supplementary Use Regulations, Subsection 27, Off -Street Parking; Parking Lots. This ordinance amendment provides revisions to the zoning ordinance regarding parking lot standards. No Action Required Frederick County Planning Commission D Minutes of .Tune 17, 2009 11 Page 2485 won Senior Planner Candice E. Perkins reported that over the past year, staffhas been informed of the desire to revise the parking standards within zoning ordinance. She said specifically, concerns have been expressed about excessive parking requirements, the inability for maknng parking adjustments, no provisions for low -impact development, and excessive curb and gutter. As a result of these concerns, she said the staffhas been working on a complete revision of Section 165-27 for off-street parking and parking lot requirements. Ms. Perkins said till's proposal was discussed by the DRRC (Development Review and Regulations Conunittee) on multiple occasions due to the number of proposed changes_ She said modifications were prepared and ultimately, the DRRC endorsed the changes and recommended it be sent to the Planning Cornmission for discussion_ Ms. Perkins proceeded to review the revisions with the Planning Commission. Conunissioner Kriz inquired if engineers or contractors who would be utilizing this ordinance were involved in the revisions and if they were in favor of the proposed changes. Ms. Perkins replied that some members of the DRRC are in the construction industry; she said they reviewed and supported the revisions. Connmissioner Kriz welcomed the changes «vhich eliminated excessive concrete, allowing infiltration rather than r uloff. Connnnissioner Oates referred to Section 7, which states, "... no more than 5% of the required parking will be to the rear with a customer/public entrance_.." Conunissioner Oates said since this revision is aimed at retail, the B 1 and B2 areas, he asked if this requirement should be excluded from the industrial sites because generally, that is solely employee parking. Ms. Perkins agreed the requirement was primarily aimed at retail and she said the amendment could be easily changed to exclude industrial. Chainnan Wilmot cormmented this was a considerable amount of information and she was pleased in the way it was formatted. She suggested that if this is sent on to the Board of Supervisors this evening, the Planning Commission should reserve the right to make amendments or adjustments when they are found and pass those to the staff for inclusion in the proposal. No other issues or areas of concern were raised. The Comnnission was in favor of sending the proposed amendment forward to the Board of Supervisors for discussion, with the change suggested. An Ordinance to Amend the Frederick County Code, Chapter 144, Subdivision of Land, Article V, Design Standards, Subsection 18, Sidewalks and Pedestrian Walkways, Subsection 19, Streetlights, and Subsection 33, Commercial and Industrial Design Standard Exemptions. This ordinance amendment provides revisions to the County ordinances regarding sidewalks, pedestrian walkways, and streetlights. No Action Required Senior Planner Candice E. Perkins reported that four revisions are proposed for Section 144-18 of the Subdivision Ordinance. Ms. Perkins said the first revision includes a requirement for sidewalks along existing streets, as well as proposed streets, and the addition of a two -foot grass strip requirement; the second revision is to remove the 15,000 square -foot lot size requirement which sidewalk regulations are based upon. Ms. Perkins noted the proposed changes will be based on zoning districts which have high-density residential; she said many of the districts will no longer have a 15,000 square -foot lot size requirement. The third revision will require sidewalks along collector and arterial streets in any zoning district regardless of use; the fourth revision is a requirement for bicycle and pedestrian facilities as called for in the Comprehensive Policy Plan. Frederick County Planning Commission Minutes of June 17, 2009 Page 2486 Ms. Perkins said the next section of the proposed amendinent, Section 144-19, Streetlights, is similar to one of the changes in the previous section to remove the 15,000 square -foot requirement and to base the regulations on zoning district and use. She said the third section, Section 144-33, Commercial and industrial Design Standard Exemptions, proposes to remove the sidewalk and pedestrian exemption for commercial and industrial properties. Ms. Perkins noted that amendment would allow Section 144-18, Sidewalks and Pedestrian Walkways to be irri lemented but will not require sidewalks on road$ .classified as local or minor streets. She P , »_ require ..... said the internal streets within those areas will have sidewalks, but if they front on a major roadway with a pedestrian facility, it should have the requirement. Ms. Perkins said the DRRC (Development Review and Regulations Conunittee) reviewed this proposed amendment at their meeting on April 23, 2009. She said the DRRC endorsed the amendment and reconunended that it be sent to the Plamiing Conunission for discussion. Commissioner Oates commented that the Street Acceptance Guidelines proposed by VDOT «1111 require five-foot sidewalks across the board. He noticed that in the proposed amendnnent under Section 144-18 (C), states sidewalks and walkways shall be a minimum of four feet wide. Conunissioner Oates suggested the five-foot standard be applied within the County's ordinance as well. Chairman Wilmot suggested that the proposed amendments on sidewalks, pedestrian walkways, and streetlights may be appropriately applied to the Medical Support (MS) District and the Higher Education (HE) District. No other issues were raised. Ms. Perkins said that she would forward the Planning Conunission's suggestions on to the Board of Supervisors for their discussion. An Ordinance to Amend the Frederick County Code, Chapter 165, Zoning, Article IV, Supplementary Use Regulations, Subsection 36, Landscaping Requirements, Section 19, Streetlights, and Subsection. 33, Commercial and Industrial Design Standard Exemptions. This ordinance amendment provides revisions to the County ordinances regarding sidewalks, pedestrian walkways, and streetlights. No Action Required Senior Planner Candice E. Perkins reported that the Planning Staffhas been directed to prepare a zoning ordinance amendment to remove the landscaping requirements contained in Section 165-36 as it pertains to the RA (Rural Areas) Zoning District. She said this section of the existing ordinance states that residential developments which require a preliminary sketch plan must provide one of three types of landscaping (street trees, ornamental, or tree preservation). She said the proposed amendment eliminates all of the landscaping requirements from the RA District based on the lot sizes and appropriateness for the use. Ms. Perkins said this proposed amendment was discussed by the DRRC (Development Review and Regulations Conmuttee) at their meeting on Ma_y 28, 2009. She said the DRRC was presentedwith an option to reduce the street tree requirement in the RA District, but the DRRC preferred to see the requirements eliminated. Ms. Perkins said the DRRC endorsed the proposed amendment and recommended that it be sent to the Planning Conunission for discussion. Frederick Count5l Planning Commission [) Page 2487 Minutes of .Tune 17, 2009 �jj Hi a F Tt 1j_ No issues or areas of concern were raised by the Planning Commission. The Planning Conunission supported the proposed amendment and was in favor of sending it forward to the Board of Supervisors for discussion. An Ordinance to Amend the Frederick County Code, Chapter 165, Zoning, Article IV, Supplementary Use Regulations, Subsection 37, Buffer and Screening Requirements. This ordinance amendment proposes revisions to the buffer and screening requirements. No Action Required Senior Plainer Candice E. Perkins reported that this section of the ordinance regulates the width and content of zoning district buffers as well as where they are required and when they can be waived or modified. She said the staff has encountered various issues regarding the buffer and screening requirements contained within this section of the ordinance. She said specifically, concerns regarding the content of the landscape screening element and the ability for buffer modifications have been expressed. Ms. Perkins proceeded to review each of the revisions Nvith the Conunission. Ms. Perkins said this proposed ordinance amendment vvas discussed by the DRRC (Development Review and Regulations Conunittee) at their meeting on May 28, 2009. She said the DRRC endorsed the changes and recommended that the proposed amendment be sent to the Planning Conunission for discussion. Conulussioner Kriz conunented that allowing the Zoning and Subdivision Administrator to Nvaive any of the requirements was appropriate because the Planning Commission has just recently encountered such a situation. No other issues or concerns were raised. The Planning Conunission endorsed the proposed amendment and instructed the staff to fonvard it to the Board of Supervisors for discussion_ An Ordinance to Amend the Frederick County Code, Chapter 165, Zoning, Article XXII, Definitions. This ordinance amendment provides a definition for both "dwelling' and "attached dwelling." No Action Required Senior Plarmer Candice E. Perkins reported that in reviewing the definitions in the zoning ordinance, it was detemlined that the definitions of "dwelling- and "dwelling, attached" need to be revised. Ms. Perkins said it is reconunended that the definition of a "dwelling' be expanded to state that a dwelling is a residential structure; and, the definition of an "attached dwelling" be updated to distinguish it from other housing types currently permitted in the zoning ordinance and how it is cojuiected to other mets. Ms. Perkins reviewed the definitions with the Commission. Ms. Perkins said this item was discussed by the DRRC (Development Review and Regulations Committee) on May 28, 2009; the DRRC endorsed the amendment and recommended that it be sent to the Planning Commission for discussion. Frederick County m F V Planning Comission �r t I Page 2488 Minutes of Tune 17, 2009 0 �� -12 - No issues or concerns were raised. The Planning Conin fission endorsed the proposed amendment and instructed the staff to forward it to the Board of Supervisors for discussion. An Ordinance to Amend the Frederick County Code, Chapter 165, Zoning, Article X, Business and Industrial Zoning Districts, Subsection 82E. This ordinance amendment provides the addition of SIC 208 (beverages) to the M1 (Industrial Limited) Zoning District. No Action Required Senior Planner Candice E. Perkins reported that this proposed ordinance amendment was initiated by a private citizen «Tho requested that the DRRC (Development Review and Regulations Committee) consider the addition of SIC 208, Beverages, to the MI (Industrial Limited) District, Permitted Uses. Ms. Perkins said SIC 208 in its entirety allows malt beverages (2082); malt (2083); wines, brandy, and brandy spirits (2084); distilled and blended liquors (2085); bottled and canned soft drinks and carbonated waters (2086); and flavoring extracts and flavoring syrups (2087). She said the MI District currently only allows the last two, bottled and canned soft drinks and carbonated waters (2086); and flavoring extracts and flavoring syrups (2087); vdiile the M2 District allows all of the uses. She said this request, however, is to add SIC 208 in its entirety to the MI District permitted uses. Ms. Perkins said the DRRC (Development Review and Regulations Committee) reviewed this proposed amendinent at their meeting May 28, 2009. She said the DRRC endorsed the changes and recominended it be sent to the Planning Connnission for discussion. Chairman Wilmot pointed out that the DRRC placed all of the SIC 208s into the M2 District because of the possibility of unpleasant odors produced during the breN.N,ing process. Chaim-ian Wilmot suggested that the Commission may want to consider having further discussions on this issue. An Ordinance to Amend the Frederick County Code, Chapter 165, Zoning, Regarding the Recodification of Chapter 165, Zoning Ordinance. No Action Required Senior Planner Candice E. Perkins stated this proposed revision seeks to renumber Chapter 165, Zoning, due to the nwnerous code amendinents that are being considered by the Connnission and the Board. Ms. Perkins said that additional larger revisions, in terms of neNv districts, are forthcoming. She said these revisions have highlighted the need to restructure the zoning ordinance so it can accommodate current and future proposed changes. Ms. Perkins explained the existing ordinance configuration begins with Section 165-1 and ends with Section 165-156; this numbering is problematic in that when sections are added, it shifts the numbers in the remaining ordinance, resulting in the use of numeric extensions to accommodate revisions. Ms. Perkins said the staff is proposing a recodification of Chapter 165 which will revise the entire chapter. She said the revised format will include separate parts that could individually be expanded when amendments are inserted into the chapter. She noted that with this proposed revision, certain portions of the ordinance would be consolidated into other articles or moved to similar uses. Ms. Perkins proceeded to review the Frederick County Planning Commission Minutes of June 17, 2009 Page 2489 proposed changes ivith the Connnission. Ms. Perkins stated that this proposed amendment was presented to the DRRC (Development Review and Regulations Committee) at their meeting on May 28, 2009. She said the DRRC endorsed the changes and recommended it be sent to the Planning Commission for discussion. The Planning Commission was pleased with the proposed recodification. No issues or concerns were raised. The Planning Connnission endorsed the proposed amendment and instructed the staff to forward it to the Board of Supervisors for discussion. ADJOURNMENT No further business remained to be discussed. Upon motion made by Commissioner Kriz and seconded by Conunissioner Triplett, the meeting was adjourned at 8:1 i p.m. by a unanimous vote_ Respectfully submitted, June M. Wilmot, Chainnan Eric R. LaNvrence, Secretary �ppff4 ricucix;x �uuniy running uomnnssion Page 2490 Minutes of.iune 17. 2009 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 July 1, 2009. PRESENT: June M. Wilmot, Chairman/Member at Large, Roger L. Thomas, Vice Chairman/Opequon District; Gary R. Oates, Stonewall District; Lawrence R. Ambrogi, Sha«anee District; H. Paige Manuel, Shawnee District; Charles E. Triplett, Gainesboro District; George J. Kriz, Gainesboro District; Christopher M. Mohr., Red Bud District; Kevin O. Crosen, Back Creek District; Roderick Williams, Legal Counsel; and Gary Lofton, Board of Supervisors Liaison. ABSENT: Brian Madagan, Opequon District; Richard Ruckrnan, Stonewall District; Gregory S. Kerr, Red Bud District; and Greg L. Unger, Back Creek District. STAFF PRESENT: Eric R. Lai`, Tence, Plamiing Director; Mark R. Cheran, Zoning & Subdivision Adininistrator; Candice E. Perkins, Senior Plaimer; and Renee' S. Arlotta, Clerk. CALL TO ORDER & ADOPTION OF AGENDA Chairman Wilmot called the meeting to order at 7:00 p.ni. Upon motion made by Corr nissioner Kriz and seconded by Commissioner Triplett, the Planning Commission unanimously adopted the July 1, 2009 agenda for this evening's meeting. COMMITTEE REPORTS Development Review & Regulations Committee(DRRQ — 06125/09 Mtg. Commissioner Thomas reported that the DRRC discussed a nwnnber of issues that'"111 be coming to the Planning Commission for discussion over the next few weeks. Transportation Committee -06/22/09 Mtg. Conunissioner Kriz reported the following items from the Transportation Conunittee: the commuittee adopted the TIA (Transportation Impact Analysis) standards and are moving those forward to the Board of Supervisors; applications are due for the TIGER Grants Opportunities on September 1.5,2009; a report Frederick County Planning Commission Minutes of July 1, 2009 Page 2491 was given on Inland Port truck traffic, specifically, trucks using roads not suitable for truck traffic; and road improvement plan updates twill be brought fonvard soon. Comprehensive Plans and Programs Committee (CPPQ — 4/30/09 Mtg. Commissioner Kriz reported about the submission of three CPPA (Comprehensive Policy Plan Amenchnent) applications: CPPA #01-09 of Opequon Crossing for an Eastern Road Plan Revision; CPPA 902- 09 of Newtown Connrnercial for a SWSA Expansion (79.1 acres); and CPPA 403-09 of Rock Harbor Golf Course for a SWSA Expansion (259.43 acres). Commissioner Kriz said the first CPPA 401-09 of Opequon Crossing was discussed jointly with the Transportation Committee because it involves a new road and the elimination of a bridge; he said the group voted together not to recommend the request for further study. He said CPPA 402-09 of Newtown Conunercial was not recommended for further study; however, CPPA #03-09 of Rock Harbor Golf Course was recornmended for further study. He added that these CPPAs will be discussed jointly by the Planning Commission and the Board of Supervisors at a joint work session on July 27, 2009. Conservation Easement Authority — 06/25/09 Mtg. Planning Director Eric R. LaANTence reported that the CEA reviewed all of the final easement docunnents so the Authority, the County, and the Potomac Conservancy could close on the first joust conservation easement. He said the Authority endorsed all of the documents which authorized the closing. Mr. LaNvrence stated the closing was held on June 29, 2009. Mr. La,,ATence said this is the first time the Authority has purchased a conservation easement (purchase of development rights); this is a 98 -acre property on Cedar Creek Grade, adjacent to Cedar Creek. COMMITTEE APPOINTMENT — COMMISSIONER KEVIN O. CROSEN Chairman Wilmot announced that Commissioner Crosen has agreed to try out both of the major conunittees. She said Conunissioner Crosen will start out with the Development Review and Regulations Conunittee (DRRC) for six months and then move to the Comprehensive Policy Plan Conmiittee (CPPC) for six months. 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. Frederick County Planning Commission Page 2492 Minutes of July 1, 2009 N N -3 - PUBLIC MEETING Master Development Plan (MDP) #01-09 of Silver Lake, LLC, submitted by Greenway Engineering, for commercial use and a Continuing Care Retirement Community (CCRC). The properties are located on the north side of Northwestern Pike (Route 50), west of Retail Boulevard and east of Poorhouse Road (Route 654). The properties are further identified with P.LN.s 52 -A -C, 52-A-50, 52 -A -50A, 52-A-52, and 53-A-63. Action — Reconnnended Approval Senior Plarmer Candice E. Perkins reported that this master development plan (MDP) is an application to develop 370 acres of land zoned both B2 (Business General) (238.96 acres) and MS (Medical Support) (131.06 acres) Districts for conunercial and Continuing Care Retirement Community (CCRC) uses. Ms. Perkins said this site was rezoned in April of 2009 with proffers. Ms. Perkins reviewed the MDP with the Plaiuning Connnission, noting that the CCRC use will consist of 898 residential units (density of 7.99 units per acre) to be developed in two phases. She said the residential units will consist of a nix of independent care units, assisted care units, and skilled nursing care units. The CCRC will also contain ancillary services and facilities which will be identified during the site plan process. Ms. Perkins stated that the MDP depicts the mature woodlands that are being preserved for buffers; she said the woodlands are being used for both zoning district buffers and road efficiency buffers throughout the site_ She said there are notations on the plan for supplemental buffers, if certain areas need to be filled in during development of the site. Ms. Perkins concluded by saying that the MDP is consistent with the requirements of the zoning ordinance and the rezoning proffers. She said the MDP is in a form that is administratively approvable. Commissioner Kriz asked Ms. Perkins if all of the staff's issues had been addressed and Ms. Perkins replied yes. Mr. Evan A. Wyatt with Greenway Engineering was present to represent the Silver Lakes, LLC MDP. Mr. Wyatt said he spoke with staff about the allowance of easements around the perimeter ofthe property and along the frontage of the B2 portion for extension of utilities to adjoining properties. Mr. Wyatt said it was somewhat difficult to illustrate this on the MDP without making it seem very busy; therefore, they will be submitting a very descriptive narrative that describes the easements and this will be submitted to the Board of Supervisors along with the MDP. Chainnan Wilmot called for public comments; however, no one came forward to speak. No issues or areas of concern were raised by the Planning Commission. Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously reconunend approval of Master Development Plan (MDP) #01-09 of Silver Lake, LLC, submitted by Greenway Erngnleerulg, for commercial and Continuing Care Retirement Community (CCRC) uses. (Note: Corrunissioners Madagan, Ruck -man, Kerr, and Unger were absent from the meeting.) Frederick County Planning Commission Minutes of July 1, 2009 Page 2493 OTHER JOINT WORK SESSION OF PLANNING COMMISSION AND BOARD OF SUPERVISORS Plamiing Director Eric R. Lawrence announced a Joint Work Session with the Planning Commission and the Board of Supervisors on Monday, July 27, 2009, at 12:00, in the Board of Supervisors' Meeting Room. Mr. Lawrence said along with the Comprehensive Policy Plan Arnendrrnent (CPPA) applications, there are a number of other projects, such as long-range planning and ordinance amendments, which will be discussed_ He noted that lunch will be provided. ADJOURNMENT No further business remained to be discussed. Upon motion made by Conunissioner Kriz and seconded by Conunissioner Oates, the meeting was adjourned at 7: 13 p.m_ by a unanimous vote. Respectfully submitted, June M. Wilmot, Chairman Eric R. Lawrence, Secretary Frederick County Plaining Commission Minutes of July 1, 2009 Page 2494 r� 0 L. REZONING APPLICATION #04-09 WAMPLER PROPERTY Staff Report for the Planning Commission Prepared: July 21, 2009 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director Reviewed Action Planning Commission: 08/05/09 Pending Board of Supervisors: 09/09/09 Pending PROPOSAL: To rezone 2.16 acres from RA (Rural Areas) District to B2 (General Business) District, with proffers, for Commercial Use. LOCATION: The property is located west and adjacent to Martinsburg Pike (Route 11), approximately 1,000 feet south of the intersection of Route 11 and Stephenson Road and approximately 1,900 feet north of the intersection of Route 11 and Old Charlestown Road. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 08/05/09 PLANNING COMMISSION MEETING: The land uses proposed in this rezoning are generally consistent with the Northeast Land Use Plan and the commercial designation for this area. The application addresses the appearance of the Route 11 corridor, and provides a monetary contribution towards transportation improvements adjacent to this site. The Commission should ensure that a satisfactory level of expectation has been met regarding: 1) Site design considerations on the property and along the properties frontage, 2) Sufficient value has been provided in the transportation contributions aimed at addressing the transportation impacts of this project when compared to the implementation of the improvements at this time. Following the required public hearing, a recommendation regarding this rezoning application to the Board of Supervisors would he appropriate. The applicant should be prepared to adequately address all concerns raised by the Planning Commission. Rezoning 904-09 — Wampler Property July 21, 2008 Page 2 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. PROPOSAL: To rezone 2.16 acres from RA (Rural Areas) District to B2 (General Business) District, with proffers, for Commercial Use. LOCATION: The property is located west and adjacent to Martinsburg Pike (Route 11), approximately 1,000 feet south of the intersection of Route I I and Stephenson Road and approximately 1,900 feet north of the intersection of Route 11 and Old Charlestown Road. MAGISTERIAL DISTRICT: Stonewall PROPERTY Ill NUMBER: 44B -1-12D PROPERTY ZONING: RA (Rural Areas) PRESENT USE: Residential ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Area) South: RA (Rural Area) East: B2 (Business General) West: RA (Rural Area) Use: Reviewed Action Planning Commission: 08/05/09 Pending Board of Supervisors: 09/09/09 Pending PROPOSAL: To rezone 2.16 acres from RA (Rural Areas) District to B2 (General Business) District, with proffers, for Commercial Use. LOCATION: The property is located west and adjacent to Martinsburg Pike (Route 11), approximately 1,000 feet south of the intersection of Route I I and Stephenson Road and approximately 1,900 feet north of the intersection of Route 11 and Old Charlestown Road. MAGISTERIAL DISTRICT: Stonewall PROPERTY Ill NUMBER: 44B -1-12D PROPERTY ZONING: RA (Rural Areas) PRESENT USE: Residential ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Area) South: RA (Rural Area) East: B2 (Business General) West: RA (Rural Area) Use: Residential Use: Residential Use: Commercial/Residential Use: Residential Rezoning #04-09 — Wampler Property July 21, 2008 Page 3 REVIEW EVALUATI€?NS: Frederick County Transportation: Please see additional Frederick County Transportation Comments provided by Mr. John Bishop on page 5 of this report: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have significant measurable impact on Route 11. This route is the VDOT roadway which has been considered as the access to the property. VDOT is not satisfied that the transportation proffers offered in the revised Wampler Property rezoning application dated November 25, 2008 address transportation concerns associated with this request. Specifically: Proffers 1.3. We would like to see the last sentence read: "Said entrance and turn lanes shall be subject to VDOT review and approval at time of site plan". Proffer 1.5. We would like the following statement removed: "Use of said interparcel connection will be at the discretion of the applicant". Fire Marshal: Plan approval recommended. Public Works Department: 1. Refer to the impact analysis statement on page 1: The discussion indicates that the subject site was previously used for mobile home pad sites. We recommend that the narrative be expanded to indicate the disposition of the drainfields and possibly wells that served these mobile home sites. The narrative should also include a reference to the existing single family residence which remains on the site. 2. Refer to the environmental discussion included on page 2: The discussion of the soil conditions should be expanded to include a description of the underlying karst limestone bedrock and the potential for solutioning. 3. A discussion of site drainage and proposed stormwater management shall be included in the impact analysis. It should be noted that Best Management Practices will be required by the Virginia Department of Conservation and Recreation. Department of Inspections: No comments required at this time. Sanitation Authority: Water is available to the site. Forced sewer parallels the railroad track located to the west of the site. Service Authority: No comments. Health Department: The Health Department has no objection if public water and sewer are available to the property. The necessary easements for connection to public sewer should be obtained either prior to the rezoning approval or as a condition of the approval, whichever is appropriate. Department of Parks & Recreation: It appears the applicant has provided for a bike -pedestrian (ten feet) trail that is consistent with the County Comprehensive Plan. Historic Resources Advisory Board: It appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the rezoning application by the HRAB. According to the Rural Landmarks Survey, there are no significant historic structures located on the property nor are there any possible historic districts in the vicinity. It was also noted that the Rezoning #04-09 — Wampler Property July 21, 2009 Page 4 National Park Service Study of Civil War Sites in the Shenandoah Valley does not identify a core battlefield within this area. GIS: No road names are required at this time. Structure numbering will be assigned during the permit - construction phase of development. '`Winchester Regional Airport: The proposed rezoning will not have an impact on operations at the Winchester Regional Airport. While the proposed site lies within the airport's airspace, it does fall outside of the airport's Part 77 close in surfaces. Public Schools: We offer no comments. Frederick County Attorney: Please see attached letter dated February 17, 2009, from Roderick B. Williams, County Attorney. Planning Department: Please see attached Memo dated February 20, 2009 from Michael T. Ruddy, ATCP, Deputy Planning Director. Planning & Zoning: 1) Site History The original Frederick County zoning map (U.S.G.S. Stephenson Quadrangle) identifies the subject parcel as being zoned A-2 (Agricultural General). The County's agricultural zoning districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re -mapping of the subject property and all other A-1 and A-2 zoned land to the RA District. 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1-11 Transportation The Eastern Road Plan of the Comprehensive Policy Plan includes this portion of the County. The Northeast Land Use Plan calls for Martinsburg Pike to be improved to a four -lane facility and is further defined as an urban four -lane divided facility with a landscaped median. The Plan states that proposed industrial and commercial development should only occur if impacted roads function at Level of Service (LOS) Category C or better. The Frederick County Bicycle Plan designates Route 11 as a short-term designated route. Rezoning #04-09 — Wampler Property July 21, 2009 Page 5 Site Access l�he Northeast Land Use Plan states that individual access to industrial sites should be discouraged along Martinsburg Pike. This development has proffered one full commercial entrance on Martinsburg Pike and potentially three points of inter parcel connectivity to the surrounding properties. Pedestrian and bicycle accommodations have been provided along the road frontage of this project. 2) Site SuitabilityXnvironment The site does not contain any environmental features that would either constrain or preclude site development. There are no identified areas of steep slopes, floodplains or woodlands. This area is also known for karst topography. The Frederick County Engineer has identified that this issue, along with consideration of best management practices should be addressed at the time of detailed site plan design. 3) Potential Impacts A. Transportation (Provided by John Bishop, Deputy Director -Transportation) Based upon the scenarios described in the Applicant's TLA (A Traffic Impact Analysis of Wampler Property dated 03/1112008), the TLA describes improvements that are necessary to achieve/maintain an acceptable level of service. Not all of these improvements are provided by this applicant or others. For example, the build out ofscenario I as notated on page 19 of the TLA indicates a signal at the site entrance. While staff would not be supportive of an additional signal being put in place at this location, the analysis does indicate that level of impact. However, the proffers do not address the equivalent value of a signal, but `max out' at $100,000.00. It is important to note that while the TIA analyzes two scenarios with significantly different levels of traffic generation, the application is for unrestricted B2 zoning. Based upon recent rezoning approvals in this vicinity, it would appear that the cash proffers provided by the application are insufficient to offset the proposed impacts. This application, and recent TIA's, has also demonstrated level of service and lane geometry issues at the intersection of Route 11 and Hopewell Road, Route 672, in Clearbrook. The ultimate solution to this intersection has yet to be determined. Previous applications have participated in providing a solution to achieve acceptable levels of service at this intersection by providing a monetary contribution in various amounts that may be used to allow for the development of improvements in the general area of this intersection. Staff is satisfied with the proffered bicycle and pedestrian trail, and would note that it will be important that the applicant tie these improvements into the development of the site, via connections to the trail from the developed building(s). Rezoning #04-09 — Wampler Properly July 21, 2009 Page 6 B. Design Standards The project's location on a major corridor warrants particular attention. This attention is provided in the application by a combination of proffered commitments aimed at designing the development of the site. Specifically, the Applicant has provided a 25' wide Route 11 buffer. This 25' wide buffer includes a 10' wide hiker biker trail, additional areas of landscaping which will include a combination of plantings on both sides of the trail, and a split rail fence. Additional on-site site design considerations would be desirable. Zoning District Buffers would be required adjacent to the surrounding residential properties. However, this may be an area where additional considerations are warranted. C. Community Facilities The development of this site will have an impact on Fire and Rescue Services. However, it is recognized that commercial uses generally provide a positive impact on community facilities through the additional generation of tax revenue. This application makes an effort to address the impacts to Fire and Rescue services by providing a monetary contribution in an amount of $1,000. In addition, the application provides for a monetary contribution in the amount of $1,000 for the Frederick County Sheriff's Office. 4) Proffer Statement — Dated June 12, 2008 with latest revision July 8, 2009 A) Generalized Development Plan The Generalized Development Plan simply identifies site access and relates to the specific points of the Proffer Statement. The GDP is supplemented by an exhibit that further illustrates the proffered Route 11 buffer. This 25' wide buffer includes a 10' wide hiker biker trail, additional areas of landscaping which will include a combination of plantings on both sides of the trail, and a split rail fence. A particular area of concern would be the use of the 10' landscaped strip for any parking lot landscaping that would be in addition to the proffered buffer landscaping. The application should provide for any parking lot requirements, including distance and landscaping to begin from the edge of the proffered buffer, thus providing sufficient area to accommodate the requirements. B) Land Use The Applicant has proffered to limit the development of the site to a maximum of F.A.R. of 0.25, excluding self storage. In addition, a maximum of 6 gasoline pumps with 2 fueling positions each for a maximum of 12 fueling positions may be developed on the property. No land uses have been proffered out by the Applicant. Therefore, this is an unrestricted request with regards to the permitted uses allowed in the B2 (Business General) District. Rezoning #04-09 — Wampler Property July 21, 2009 Page 7 C) Site Design Minimal architectural and lighting proffers have been made which are aimed to exceed current County requirements. The application does not provide any additional commitments aimed at designing the development of the site examples of which could include a commitment to the building location, parking lot location, potential gasoline fueling islands and their location, and additional buffering adjacent to residential properties. D) Transportation The Applicant has proffered right-of-way dedication in the amount of 15' across the properties Route 11 road frontage and to one commercial entrance on Route 11. Generally, these improvements would be required as part of the site development. No additional physical transportation improvements are proposed. As identified in the staff report and Mr. Bishop's comments, additional improvements to Route 11 to achieve the desired ultimate section, and signalization improvements at the site entrance, should be addressed further; either through implementation or by a related commitment. Included as part of the proffer statement is an exhibit that depicts the proffered improvements adjacent to Route 11. In addition, three points for inter parcel connectivity have been proffered within the future parking lot to the adjacent properties to the north, south, and potentially to the west. A monetary contribution has been proffered in the amount of $75,000 that may be applied to road improvements in the general vicinity of the property. This may include improvements in Martinsburg Pike and Hopewell and Brucetown Roads amongst others. In the event that development of the property would exceed 2,000 vehicle trips per day the monetary contribution will increase to $100,000. The 2,000 vehicle trip per day amount provides a reasonable threshold for staging the contribution. However, the value of the contribution should be evaluated based upon the potential impact of the trips and the other identified transportation of the TIA. E) Community Facilities The Applicant proffers a monetary contribution in an amount of $1,000 to Frederick County for fire and rescue services and a monetary contribution in an amount of $1,000 to Frederick County for Sheriffs Office Purposes. STAFF CONCLUSIONS FOR THE 08/05/09 PLANNING COMMISSION MEETING: The land uses proposed in this rezoning are generally consistent with the Northeast Land Use Plan and the commercial designation for this area. The application addresses the appearance of the Route 11 corridor, and provides a monetary contribution towards transportation improvements adjacent to this site. Rezoning #04-09 — Wampler Property July 21, 2009 Page 8 The Commission should ensure that a satisfactory level of expectation has been met regarding 1) site design considerations along the properties frontage and on the property, and 2) sufficient value in the transportation contributions aimed at addressing the transportation impacts of this project when compared to the implementation of the improvements at this time. Following the required public hearing, a recommendation regarding this rezoning application to the Board of Supervisors would be appropriate The applicant should be prepared to adequately address all concerns raised by the Planning Commission. I TO: Patrick Sowers, AICP FROM: Michael T. Ruddy, AICP Deputy Director COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 RE: Rezoning Comments — W ampier, Route 1 I North DATE: February 20, 2009 The following points are offered regarding the Wampler Route I1 North Rezoning application. The comments are offered in addition to those discussed during our previous meetings on this application. Please consider them as you continue your work preparing the application for submission to Frederick County. Land Use. The property is located in the area covered by the NELUP Plan. The property is within the SWSA and is designated as an area of commercial land use with an area of associated DSA. The business corridor expectations of the Comprehensive Plan should be recognized. ClPnernl Based upon the information submitted to this department, including a revised proffer statement dated February 4, 2009, it would appear as though most of the items discussed during the preparation of this application have been addressed. The following transportation item has been identified as needing additional attention. Transportation. The Northeast Land Use Plan calls for Martinsburg Pike to be improved to a four -lane facility. This application does not propose construction within Route 11 in implementation of this goal. The application proposes the construction of an entrance to the site which would include improvements customarily required by VDOT for site development. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Wampler, Route 11 North — Rezoning Comments February 20, 2009 Page 2 The Plan also states that proposed industrial and commercial development should only occur if impacted roads function at Level of Service (LOS) Category C or better. The Impact Analysis prepared for this application recognizes that there will be impacts to the transportation network in the vicinity of this project. Several area intersections are anticipated to operate at an unacceptable level of service. This application proposes a monetary contribution for area transportation improvements in the amount of $50,000. It should be evaluated if the amount proffered is sufficient to mitigate the impacts of the project. Consideration should be given to a combination of Tr l'ei��r.+ta :+':ti:iii R,3ute II toPuil cr -,"heian alid a monetary )nlrlbutlon in the appropriate amount to offset the potential impacts. Please ensure that all application materials are provided and that all agency comments are adequately addressed in the submission of this application. MTR `bad February 17, 2009 VIA FACSMILE (540-665-0493) AND FIRST-CLASS MAIL Mr. Patrick Sowers Patton Harris Rust & Associates 11 .+ 2VV 7 East Piccadilly Strec.' SutLc �� Winchester, VA 22601 COUNTY of FREDER11C±E: Roderick B. Williams County Attorney 540/722-8383 Fax 540/667-0370 E-mail: rwillia @ co_frederick. va.us Re: Wampler Property — Proposed Rezoning — Proffer Statement dated February 4, 2009 Dear Patrick: You have submitted to Frederick County for review a proposed proffer statement dated February 4, 2009 (the "Proffer Statement") for the Wampler property, Parcel Identification Number 44B -1-12D (the "Property"). Specifically, the proposed rezoning for which the Proffer Statement is submitted contemplates the rezoning of 2.16± acres, in the Stonewall Magisterial District, from the RA (Rural Areas) District to the B2 (Business General) District. I have now reviewed the Proffer Statement and it is my opinion that the Proffer Statement would be in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, and would be legally sufficient as a proffer statement, subject to the following comments: • The Applicant will, of course, need to submit the required application form, with complete responses to all questions, including list of adjacent parcel information, and fee, along with any appropriate power oi' a«orrncy, to the Department of Planning and Development. It appears that the adjacent parcels are Parcel Identification Numbers 44-1-A, 44-A-56, 44-A-55, 4413-1-12C, and The Proffer Statement refers to a GDP revised February 4, 2009. The materials I received include only a previous version of the GDP, dated November 18, 2008. To the extent that there are any material differences between the two versions of the GDP, my comments are based on the earlier version. Y Proffer 1.2 — This provision might read more clearly if the reference to a building permit was to "a building permit for the Property", similar to the language used in section 3 of the Proffer Statement. 107 North Kent Street • Winchester, Virginia 22601 Mr. Patrick Sowers February 17, 2009 Page 2 • Proffer 1.3 — Staff should be aware that the depicted Route 11 entrance and turn lanes are subject to VDOT review and that the Proffer Statement does not make any alternative provisions, in the event that VDOT does not approve the entrance and turn lanes as proposed. • Proffer 1.4 - This provision refers to a buffer exhibit, which was not among the materials I received. To the extent that the buffer exhibit might entail legal issues, as with the GDP, my comments would not cover any materials that I did not receive. Also, with general respect to buffers, while not necessarily required to be referenced in the Proffer Statement, under B2 zoning, the Property would be subject to buffer requirements as to any of the adjacent RA zoned properties (on the north, south, and west) if such properties are primarily used for residential use. County Code § 165-37(D)(3). Therefore, I would note that such requirement exists notwithstanding the specific reference to buffers along the east (Route 11) frontage of the Property. • Proffer 1.5 — The version of the GDP dated November 18, 2008 does not show the interparcel connection, designated by the notation "4c", to the property to the west of the Property. I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for this specific development, as my understanding is that that review will be done by staff and the Planning Commission. Sincerely, /fckB. it lams County Attorney cc: Michael Ruddy, AICP, Deputy Director of Planning and Development Patton Harris Rust & Associates Engineers. Surveyors. Planners. landscape Architects. 10 July 2009 Mr. Michael Ruddy Frederick County Department of Planning and Development 107 N Kent St, Suite 202 Winchester, VA 22601 RE: Wampler Property Rezoning Application; Response to Comments Dear Mike, H To accompany the application submission for the Wampler Property rezoning, I have provided below a response to all comments made by review agencies. Our CORPORATE[ responses are as follows: Chcntllly VIRGINIA OFFICES:�ICI111ZZ11�Cii&.De'Lelo�J77 e t Mike Ruddy, AICP) Cnantilly Charlorresc;ue �, Theproper is located in the area covered by the NELUP Plan. The property is within the Fredericksburg SMSA and is designated as an area of commercial land use with an area of associated Harrisonburg DSA. The business corridor expectations of the Comprehensive Plan should be recogni.Zed. Leesburg Leesb Newport New=_ Norfolk The proposed B2 rezoning is in accordance with the future land use Winchester designation. Additionally, the substantial buffer and landscape screening Vdocdbridge provided along the Route 11 frontage of the property will enhance the Route LABORATORIES: 11 corridor. Chantilly Fredericksburg 2. Based upon the information submitted to this department, including a revised proffer stated MARYIAND OFFICES: dated .February 4, 2009, it would appear as though most of the items discussed during the Baltimore preparation of this application have been addressed. The following trap portation item has Columbic been identified as needing additional attention. The Northeast Land Use Plan calls for ederlck Martinsburg Pike to be improved to a four -lane facility. This application does nol propose Germantown construction within Route 11 in implementation of this goal The application proposes the Hollywood construction of an entrance to the site which would include improvements customarily required Hunt Valley Wilhomspert by VDOT for site development. PENNSYLVANIA OFFICE: The Applicant has proffered to provide the right of way necessary for the Allentown future widening of Route 11. In place of roadway construction across a T 540.667.2139 limited portion of Route 11, the Applicant has proffered to provide a F 540.665.0493 substantial monetary contribution ($75,000 for uses up to 2,000 ADT and 1 17 East Piccadilly Street $100,000 for uses over 2,000 ADT). We feel that this cash contribution would Suite 200 have a greater, and much more immediate, benefit to the area transportation Winchester, VA system by helping to fund improvements such as the re -alignment of Hopewell 22601 and Brucetown Road which would serve the area much more than a limited portion of frontage improvements across the Property. 3. The Plan also states that proposed industrial and commercial development should only occur if impacted roads function at Level of Service (LOS) Catego C or better: The Impact Analysis prepared for this application recognises that there will be impacts to the transportation network in the vicinity of this project. Several area intersections are anticipated to operate at an unacceptable level of service. The same improvements required to achieve an overall LOS C for the subject area intersections are needed with background traffic alone, regardless of whether or not this 2 acre site develops. The comprehensive plan notes that an application must address its share of transportation impacts. As the y Applicant has proffered a substantial sum of money (up to $100,000.00) for a - relatively small lot, we feel that the proffer statement adequately addresses the fair share of the transportation impacts. 4. This application proposes a monetary contribution for area transportation improvements in the amount of S50,000- It should be evaluated if the amount proffered is sufcient to mitigate the impacts of the project. Consideration should be given to a combination of improvements within Route 11 to further the Plan and monetary contribution in the appropriate amount to offset the potential impacts. The monetary proffer has been increased to a minimum of $75,000 and may increase to $100,000 if the use of the site generates more than 2,000 ADT. Please refer to response 2 above regarding the constructed improvements vs. a monetary contribution. Virii�tD�trtment o Transportation (Greg Hoffman) Proffer 1.3: We would like to see the last sentence read. • "Said entrance and turn lanes shall be subject to VDOT review and approval at the time of site plan. " The proffer has been revised to ensure that all entrance improvements are subject to VDOT review and approval. 2. Proffer 1.5: 1Ve would like the following statement removed: `use of said interparcel connection will be at the discretion of the applicant. " This statement has been removed. Additionally, the application has been revised to provide for a third interparcel connector to properties located west of the site, shown as 4c on the GDP. This third interparcel connector will be provided should the site develop with any use other than self service storage as security fencing for a self service storage facility would preclude this connection from occurring. VnchesterRegionalflirort (Serena K Manuel) 1Yle have reviewed the proposed rezoning application and detervnined that the proposed reoning will not have an impact on operations at the lYlinchester Kegional Airport. While the proposed site lies within the airport's airspace, it does fall outside of the airport's Part 77 close in surfaces. Acknowledged. Historic Reso&rces Jdui eaBoard (Amber Powers) PURAUpon review of the proposed rezoning, it appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the re.Zoning application by the FIKAB. According to the Dural Landmarks Survey, thea are no significant historic structures located on the property nor are there anypossible historic districts in the vicinity. It was also noted that the National Park Service Study of the Civil Wlar Sites in the Shenandoah Dalley does not ident a core battlefield within this area. Acknowledged. Frederick CountyAttorrzey(Roderick Williams) 1. The Applicant will, of course, need to submit the required application form, with complete responses to all questions, including list of adjacent parcel information, and fee, along with any appropriate power of attorney, to the Department of Planning and Development. It appears that the adjacentparcels are Parcel Identification Numbers 44-1-A, 44-A-56, 44- A-55, 44B -1-12C. The submission package includes the complete application, signed power of attorney, application fee, and adjoining property information for the parcels noted. 2. The Proffer Statement refers to a GDP revised February 4, 2009. The materials I received include only a previous version of the GDP, dated November 18, 2008. To the extent that there are any material differences between the two versions of the GDP, my comments are based on the earlier version. The revised GDP was provided to the County Attorney in February 2009. 3. Proffer 1.2 — This prorrision might read more clearly if the reference to a building permit was to "a building permit for the Property'; similar to the language used in section 3 of the Proffer Statement. The Proffer Statement has been revised accordingly. 4. Staff should be aware that the depicted Route 11 entrance and turn lanes are subject to VDOT review and that the Proffer Statement does not make any alternative provisions, in The event that VDOT does not approve the entrance and turn lanes as proposes. In the event this scenario occurs, the Applicant would submit a revised rezoning application depicting an alternative access scheme for the property which would be subject to review and approval by Frederick County. 5. Proffer 1.4 — This provision refers to a buffer exhibit, which was not among the materials I received. To the extent that the buffer exhibit might entail legal issues, as with the GDP, + my comments would not cover any materials that I did not receive. Also, with general respect to buffers, while not necessarily required to be referenced in the Proffer Statement, under B2 honing, the Property would be subject to buffer requirements as to any of the adjacent RA Zoned properties (on the north, south, and west) if such properties are primarily used for residential uses. County Code Section 156-37(D)(3). Therefore, I would note that such requirement exists notwithstanding the specific reference to buffers along the east (Route 71) frontage of the Property. The buffer exhibit was provided to the County Attorney in February 2009. 6. Proffer 1.5 — The version of the GDP dated November 18, 2008 does not show the inter connection, designated by the notation of `4c" to the property to the west of the Property. The revised GDP dated February 4, 2009 depicts interparcel connector "4c". Frederick CoarM.01�artmew OLP (Harvey E. Strawsnyder, Jr., P.E.) Refer to the impact analysis statement on page 1: The discussion indicates that the subject site was previously used for mobile home pad sites Wle recommend that the narrative be expanded to indicate the disposition of the drainfzelds and possibly wells that served these mobile home sites. The narrative should also include a reference to the existing single family residence that remains on the site. The impact statement has been revised accordingly. 2. Refer to the environment discussion included on page 2: The discussion of the soil conditions should be expanded to include a description of the underlying karst limestone bedrock and the potential for solutioning. The impact statement has been revised accordingly. 4-- . 3, A discussion of site drainage and proposed stormwater management shall be included in the impact analysis It should be noted that Best Management Practices will be required by the Virginia Department of Conservation and Aecreatioin. The impact statement has been revised accordingly. Frederick Cou)zt�Fire MarshalO`effrey Neal) Plan approval recommended. V /® Acknowledged. Frea'erzck County Sanitation John Wlhitacre) Water is available to the site. Forced sewer parallels the railroad track located to the west of the site. Acknowledged. Frederick Cog ty GIS(Annie Cahill) No road names are required at this time. Structure numbering will be assigned during the permitl construction phase of development. Acknowledged. Frederick - Winchester health Department (Doug Daily) The health department has no objection if public water and sewer are available to the property. The necessary easements for connection to public sewer should be obtained either prior to the re.Zoning approval or as a condition of the approval, whichever is appropriate. Section 4 of the proffer statement ensures that the Applicant is connecting the property to public water and sewer. Frederick CoumtylDz� &)wentoL arks andRecreation (Matthew Hott) It appears the applicant has provided for a bikelpedestrian (10) trail that is consistent with the County Comprehensive Plan. Acknowledged. 5 Frederick Wz-,YchesterSerace,4u1hority O'esse Moffett) 1\'o Comments. Acknowledged. Frederick Countylns�ections John Trenary) No comment required at this time. Acknowledged. Frederick Co4LP tyP&hA;7 Schools (Fayne Lee)) Wle offer no comments. Acknowledged. I hope that these responses aid in the review of the application by Frederick County Staff as well as the Planning Commission and Board of Supervisors. If you have any questions or would like to discuss further, please feel free to can me at (540) 667-2139. Sincerely, PATTON HARRIS RUST &AS SOCIATES Patrick R. Sowers, AICP 0 Wampler Property REZ # 04 - 09 (RA to B2) *�%* Ftsure Rt37 Bypass 0 Apf ication � -- � i 4'baR lln'ki<�1RµyYt,l1'Pa K 11151 0 75 150 300 Feet 6 � 4 / 1 1 CURRENT ZONING Zoning hl2 (11e141sY ia1. (wlet al imstritt) BI (BuahYesa, Pte ObwhwA Disitict) 4D RUB oluu& Hose Cbmmtwth• I)iM kt) B2(BoMll s, Ce1ker4 Dirltiati 4w Nv (hEnBcai lRppwt Eriattkt) 4W B3(BusMeas.luduittiai'nl —.4tim T.A4,kt) 4 R4 fR ldenilal 114-10w ffl Rth Di:uttel) e Eltl (EYhattice htsnttactarRYg [Mstt hY) R_i (RomeRllai iter mlmzm ('witlRttRity INatlid) uF(lkher F'I—ti-I)mly) _ K: (Rwil Area Mtttcl) Nil (LYAuatY'iai. LplYt CNstt ktl R['lfirskknaal Pet?etmancr lNtiticti PROPOSED PROFFER STATEMENT REZONING: RZ # le>q'0" Rural Areas (RA) to Business General (B2) PROPERTY: 2.16 acre +/-;Tax Map Parcels 44B -1-12D (the "Property") RECORD UWNEK Wampler's Mobile Homes APPLICANT: Wampler's Mobile Homes PROJECT NAME: Wampler Property ORIGINAL DATE OF PROFFERS: June 12, 2008 REVISION DATE(S): October 1, 2008; November 25, 2008; February 4, 2009; July 8, 2009 The undersigned hereby proffers that the use and development of the subject property ("Property'), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced B2 conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board") decision granting the rezoning may be contested in the appropriate court If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Wampler Property" dated November 18, 2008 revised February 4, 2009 (the "GDP"), and shall include the following: 1. Site Development 1.1 The Property shall be developed in substantial conformance with the GDP. 1.2 The Applicant shall dedicate 15 feet of right of way along the Property frontage with Martinsbug Pike (Rt 11) prior to issuance of a building permit for the Property or within 90 days of receiving written request from Frederick County and the Virginia Department of Transportation (VDOT). (See 1 on GDP) 1.3 Access to the Property from Route 11 shall be limited to a single entrance located in the general location as depicted on the GDP. Said entrance and any associated improvements including turn lane shall be subject to VDOT review and approval at time of site plan. (See 2 on GDP) 1.4 The Applicant shall provide a 25' buffer along the Property frontage with Martimbug Pike (Rt 11) in substantial conformance with the attached exhibit entitled "Wampler Property, Route 11 Buffer" dated February 4, 2009 as prepared by Patton Harris Rust and Associates. Said buffer shall include a 10' asphalt hiker/biker trail constructed to VDOT standards as Proffer Statement Wampler Property well as a 5' landscaped strip with low lying shrubs (3 per 10 linear feet mini -mum) and flowers between Martinsbug Pike and the hiker/biker trail. The buffer area will also include a 10' landscaped strip with deciduous flowering trees planted 40 feet on center and a split rail fence located between the hiker/biker trail and future parking area as shown on the attached exhibit. Said buffer improvements shall be installed prior to issuance of a certificate of occupancyfor anybuilding constructed on the Property. Additionally, the 10' landscaped strip may also be used for any parking lot landscaping requirements which would be provided in addition to any previously identified landscape improvements. Upon written request bythe County, the Applicant shall dedicate an easement for the 5' landscaped area to the Countyfor anyfuture drainage and grading improvements that maybe needed. (See 3 on GDP and Exhibit 1) 1.5 Prior to issuance of a certificate of occupancy for any building constructed on the Property, the Applicant shall provide for inter -parcel access to and from the areas located North and South of the ProperW in substantial conformance with the locations depicted on the GDP as 4a and 4b. Should the Property develop with any use other than self service storage, the Applicant shall provide for an additional inter -parcel access to areas located West of the Property in substantial conformance with the location depicted on the GDP as 4c. (See 4a, 4b and 4c on the GDP) 1.6 The Applicant shall limit gasoline pumps to a maximum of 6 pumps with two fueling positions each for a maximum of 12 fueling positions. 1.7 Excluding self service storage, the Property shall be developed with a maximum floor area ratio (FAR) of 0.25. 2. Design Standards 2.1 Any building constructed on the Property shall be constructed using one or a combination of the following: cast stone, stone, brick, architectural block, dry, vit or stucco, other high quality masonry materials, wood, or glass. 2.2 Site lighting shall not exceed 25 feet in height and will utlize full cut-off luminaries. Monetary Contribution to Offset Impact of Development 3.1 The Applicant shall contribute the amount of one thousand dollars ($1,000.00) to Frederick County for fire anrescue purposes. Said contribution shall be made prior to issuance of a building permit for the Property. 3.2 The Applicant shall contribute the amount of one thousand dollars ($1,000.00) to Frederick County for Sheriffs Office purposes. Said contribution shall be made prior to issuance of a building permit for the Property. 3.3 Prior to issuance of a certificate of occupancy for any building constructed on the Property which would generate less than 2,000 vehicles per day (VPD) based upon the ITE Trip Generation Report, 7h Edition, the Applicant shall contribute the amount of seventy five thousand dollars ($75,000.00) to Frederick County for road improvements within the general vicinity of the Property. In the event development of the property exceeds 2,000 VPD based upon the ITE Trip Generation Report, 7th Edition, the monetary contribution will increase to a total of one hundred thousand dollars ($100,000.00). Page 2 of 4 Proffer Statement Water and Sewer Warnpler Property 4.1 The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority. The cost of all water and sewer improvements will be borne by the Applicant. 5. Escalator Clause 5.1 In the event the monetary contributions set forth in the Proffer Statement are paid to Frederick County within 30 months of the approval of this rezoning, as applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the Frederick County after 30 months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index CCPI-U") published by the United States Department of Labor, such that at the time contributions are paid, they shall be adjusted by the percentage change in the CPI -U from that date 30 months after the approval of this rezoning to the most recently available CPI -U to the date the contributions are paid, subject to a cap of 6% per year, non -compounded. SIGNATURES APPEAR ON TEE FOLLOWING PAGES Page 3 of 4 Proffer Statement Respectfully subr-stted, Wampler's Mobile Homes 0 By Date: V STATE OF VIRGINIA., AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was ackn by c f/ zl-vim Jason Brent Orndorffi Commonwealth of vrginis Notary Public 4 Comm:ssion No. 237449 Ezpi �s D2l29120�2 My commission expiresY %ommission Notary Public v Page 4 of 4 Wa.npler Property of )2009, J •�- '_ •. � ,etc, ' c>ta FUTURE PARKING AREA EXISTING MARTINSBURG PIKE (Rt 11) R/W Patton Harris Rust & Associates,pc Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street, Suite 20D Winchester, Virginia 22601 111PA T 540.667.2139 F 540.665.0493 EXHIBIT 1 WAMPEER PROPERTY ROUTE 11 BUFFER SCALE: 1 " = 100' 1 DATE: 2/409 WAMPLER COMMERCIAL - IMPACT ANALYSIS STATEMENT July 2009 The Wampler — Route 11 Property (the "Property") is ideally located for commercial uses. The Property, identified by Frederick County records as Tax Map Parcel 44B -1-12D consists of approximately 2.16 acres located along the west side of Route 11 approximately 1,000 feet South of the intersection of Route 11 and Stephenson Road and 2,000 feet north of the intersection of Route 11 and Old Charles Town Road (See Figure 1). The subject site is currently zoned RA (Rural Areas) and was previously used for mobile home pad sites and also contains one single family residence currently. This application seeks to rezone the Property to the B2 (General Business) District. The intent of the Applicant is to develop the site for self service storage uses under the B2 zoning district, however more intensive commercial uses could potentially develop in the future. The site is outside of the designated boundary for the Urban Development Area (UDA) but is located wholly within Sewer and Water Service Area (SWSA) of Frederick County. SURROUNDING PROPERTIES As depicted by Figure 1, the properties located north, west, and south of the subject acreage are in residential use zoned RA (Rural Areas). To the East of the Property, across Route 11, is the existing Wampler Mobile Homes site which is split zoned MH1 (Mobile Home Community) with B2 (General Business) zoning along its Route 11 frontage. This adjacent property is also owned by the Applicant. B3 (Industrial Transition District) zoning is also located approximately 100 feet Southwest of the subject site on the Easy Living Associates site that was rezoned for B2/B3 uses in 2007 (See Figure 2 — Zoning Context Map). Required zoning district buffers will ensure that impacts to adjacent residential properties are minimized. LAND USE The subject acreage is located within the study boundary of the Northeast Land Use Plan which recommends commercial land uses along the Route 11 corridor. The plan further identifies existing residential uses south of the property as Development Sensitive Areas. The Applicant will be required to provide zoning district buffers against adjacent residential uses to minimize the impacts of the proposed rezoning. Additionally, the proffer package includes a distance buffer for the Route 11 corridor enhanced with various plantings and a split rail fence to minimize viewshed impacts and to also accommodate a 10' hiker/biker trail. Additionally, the Applicant has provided for a design materials palette and also placed limitations on site lighting to ensure there are no impacts to adjacent property owners. ACCESS AND TRANSPORTATION The property would be served by a single access point to Route 11. A traffic impact analysis (TIA) entitled "A Traffic Impact Analysis of Wampler Property," was prepared for this application using composite data collected from other studies in the area as well as actual traffic counts. The TIA analyzes two different development scenarios. Scenario 1 is a "worst case" traffic generation scenario which assumes the site development with a 12 pump Impact Analysis Statement — Wampler Commercial 7 43 M. 11A Patton Harris Rust & Associates,pc Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street, Suite 200 H Winchester, 1rginia 22601 T 540.6672139 F 540.665-0493 I ! Y JJam�.. Tl fl IRfi 52 ,53 ppf,�70 "' 72 , �' � V��Vm 4 m Y '38 /37/ FIGURE 2 WAMPLER PROPERTY ZONING CONTEXT -04 94A I I Not to Scale I DATE: 10/1/07 1 gas station/convenience store. This scenario would generate 6,511 Average Daily Trips (ADT). This traffic generation volume represents a very conservative approach as applying a 40% pass by reduction would reduce the traffic generation for Scenario 1 to approximately 3900 ADT. Scenario 2 assumes the development of the site for self storage uses which would only generate 89 ADT as the use is significantly less intensive. Me TiA indicates that background traffic will degrade the Level of Service (LOS) for the subject area intersections below a LOS C. To accommodate background traffic the TIA proposes the following improvements: 1. Route 11/HopewellRd/Brucetown Rd Intersection: ® Signalization, EB - 1 left & 1 right, WB - 1 left, SB - 1 right 2. Route 11/Stephenson Rd Intersection: • Signalization 3. Route 11/ Old Charlestown Rd: • Signalization, NB - 1 thru The TIA indicates that the development of the site as a self storage service facility would not degrade the Level of Service (LOS) at any of the subject intersections beyond the LOS resulting from background traffic alone. Scenario 1, which assumes development of a gasoline service station, indicates that the project would degrade three movements in the study area intersections as follows: Stephenson Road and Route 11 - Southbound left turn (E to F), Westbound right and left (C to D), and Route 11 and Old Charlestown Road - Southbound left turn (E to F). Development of the site under either scenario could be accommodated using the same improvements identified for background traffic. To mitigate transportation impacts, the Applicant has proposed a monetary proffer in the amount of $75,000.00 for development of the property that generates up to 2,000 ADT. For any use with a traffic generation that would exceed 2,000 ADT, the monetary contribution increases to $100,000.00. ENVIRONMENT The Property does not contain any areas of wetlands, stream channels, or steep slopes. The site has a low elevation of approximately 628 feet and a high elevation of approximately 638 feet. The General Soil Map of the Soil Survey of Frederick Counter Virginia indicates that the soils comprising the subject parcels fall upon the border between the Frederick Poplimento- Oaklet and Oaklet-Carbo-Chilhowe soil associations. The predominant soil types on the site are Frederick Poplimento loams, 2 to 7 percent slopes (map symbol 14B) and Swimley silt loam, 2 to 7 percent slopes (map symbol 39B) as shown on map sheet number 24 of the survey. The site would not be characterized as prime farmland. The characteristics of this soil type and any implications for site development are manageable through the site engineering process. Any wells or septic systems associated with previous use of the property will be abandoned in accordance with required Health Department regulations as part of the development of the site. Impact Analysis Statement - Wampler Commercial 2 Flood plain data for the subject parcels is delineated on the Flood Insurance Study Map for Frederick County prepared by the U.S. Department of Housing and Urban Development, Community Panel # 510063-0110B, effective date July 17, 1978. The entire site is located in Flood Zone C, which denotes areas of minimal flooding outside of the 100 -year flood plain. Any stormwater management facilities will be designed to meet or exceed the state regulations. Per stormwater management regulations, post development flows will not exceed pre -development levels. As such, development of the site will not negatively impact nearby drainage facilities. SEWAGE CONVEYANCE AND WATER SUPPLY Development of the site as a self storage facility would not necessitate connection for public sewer. Should the site develop as a more intensive B2 use that requires connection to public sewer, then a connection to the sewer line that runs along the railroad to the west will be needed. Access to public water is available via connection to the existing 10" water main along Route 11. Should the site develop for a more intensive commercial use at a 0.25 Floor Area Ratio (FAR) then the projected 23,500 square feet of commercial space would generate 4,700 gallons per day of sewer flows with approximately equivalent water usage assuming a rate of 200 GPD/ 1,000 square feet. SOLID WASTE Use of the site as a self service storage facility would generate minimal solid waste. If the site were to develop as a more intensive commercial use then the projected 23,500 square feet of commercial space would generate 587.5 pounds of solid waste per day assuming a rate of 25 lbs/1,000 square feet. Solid waste would be transferred to the Frederick County Landfill for disposal. HISTORIC SITES AND STRUCTURES Figure 3 identifies historic structures located within the vicinity of the site as identified by the Frederick County Rural Landmarks Survey. The nearest structure is identified as Kenilworth (# 34-113) is located approximately 1/z mile North of the subject site. As the subject acreage is not visible from this structure, there will be minimal impacts associated with the rezoning. Pursuant to the National Park Service Study of Civil War Sites in the Shenandoah Valley of Virginia, the subject site is located within the core battlefield area of Second Winchester - Stephenson Depot, however the subject acreage is already identified as lost integrity due to development in proximity to the site. As such, the application will have no impact to the existing integrity of battlefield resources. Impact Analysis Statement - Wampler Commercial 3 IMPACT ON COMMUNITY FACILITIES The proposed commercial rezoning will have a positive impact on the Frederick County tax base. In recognition of services provided for Fire and Rescue and Sheriff's Office purposes, the Applicant has proffered a monetary contribution of $1,000 for Sheriff's office purposes and $1,000 to the Clearbrook Fire and Rescue Service. y y Impact Analysis Statement — Wampler Commercial 4 A Traffic I>npact Analysis of Wampler Property Located in: Frederick County, Virginia Prepared for: Mr. Jack Wampler 2648 Martinsburg Pike, Stephenson, VA 22656 Prepared by: Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Archifects. 10212 Governor Lane Boulevard ASuite 1007 Williamsport, Maryland 21795 '\-+- L 'H` T 301 .223.4010 • F 301.223.6831 March 11, 2008 OVERVIEW Report Summary Patton Harris Rust & Associates (PHR+A) has prepared this document to present the traffic impacts associated with the proposed Wampler Property to be located at the northwest quadrant of Route 11 (Martinsburg Pike) and Old Charlestown Road intersection, in Frederick County, Virginia. PHR+A has prepared analysis for two (2) possible scenarios of the proposed development. Scenario 1 assumes 12 -pump gas station with convenience mart. Scenario 2 assumes 37,365 square feet of self -storage warehouse. Access to the site will be provided via a site -driveway along west of Route 11. The proposed development will be built -out over a single transportation phase by the year 2012. Figure 1 is provided to illustrate the location of the Wampler Property with respect to the surrounding roadway network. Methodology The traffic impacts accompanying Wampler Property development were obtained through a sequence of activities as the narratives that follow document: Assessment of background traffic including other planned projects in the area of impact, ® Calculation of trip generation for the Wampler Property, • Distribution and assignment of the Wampler Property generated trips onto the study area road network, • Analysis of capacity and level of service using SYNCHRO for existing and future conditions. A Trak Impact Analysis of the Wampler Property PH March 11, 2008 Project Number -15291-1-2 Page I I ®i No Scale /57 T Ire' it IJ Clear HroDk . 11 f C-9es�t•raask , eSITE �R�r 5tephs' nson y . hat4ssT)t+m RJ s' Figure I Vicinity Map: Wampler Property, in Frederick County, VA A Traffic Impact Analysis of the Wampler Property P RA March 11, 2008 H Project Number -15291-1-2 Page 2 EXISTING CONDITIONS PHR+A conducted AM and PM peak hour manual turning movement counts at the intersections of US Route 11/ Old Charlestown Road, US Route 11/ Stephenson Road and US Route 11/Hopewell Road/Brucetown Road. PHR+A established the ADT (Average Daily Traffic) along each of the study area roadway links using a "k" factor (the ratio of PM peak hour traffic volumes to 24-hour traffic volumes) of 10%. Figure 2 shows the existing ADT and AM/PM peak hour traffic volumes at key locations throughout the study area. Figure 3 shows the respective existing lane geometry and AM/PM peak hour levels of service. All traffic count data and SYNCHRO levels of service worksheets are included in the Appendix section of this report. PHR+A has provided Table 1 to show the 95th percentile back of queue and levels of service for each lane group during existing conditions. A Trak Impact Analysis of the Wamnler Property,2008 RAPHMarch 111, 2008 Project Number -15291-1-2 Page 3 J No Scale N 'y 0 ti y ZZ(4l) r �� 3g(4S) Hopeu, HcPrxyeU (721 �R` 87(72) Rodd grocetown Road (32)5.3 (S3)66-10 ry M O N o 71 b N p0 n Q SITE b odd 9Al 1 f%.. IO(19) *Rft 128(97) �1 �Jd `A,�q), 6� arlestoN,n Road L� AM Peak Hour (PM Peak Hour) Figure 2 Existing Traffic Conditions PHRn A Traffic Impact Analysis of the Wampler Property March 11.2008 Project Number -15291-1-2 Page 4 No Scale Unsignatized Intersection Hp wellgp�d t`�t`r�'� ' ♦ C(C)s 11 Unsignalized Intersection SITE ��:d . ► �J# e� Sp O�D P`P Unsignalized Intersection g�B) 9�ld Ch lec[oWq Road AM Peak Hour (PM Peak Hour) Denotes Two-way Left turn lane T * Denotes critical unsignalized movement Figure 3 Existing Lane Geometry and Levels of Service A Traffic Impact Analysis v the WamProperty -R+Ap, Marcharch 11, 2008 Project Number -15291-1-2 Page 5 Table 1 Wampler Property Levels of Service and Back of Queue (95 %) Results Existim! Conditions Intersection Traffic Control Lane Group/ Approach AM Peak Hour PM Peak Hour LOS Back of Queue LOS Back of Queue WB/LR B 25.0 B 25.0 NB/TR Route 11 & Old Charlestown Road Unsignalized SB/L A 25.0 A 25.0 SB/T - - - - WB/LR B 25.0 B 25.0 NB/TR - - - - Route 11 & Stephenson Road Unsignalized SB/L A 25.0 A 25.0 SB/T - - - - EB/LTR B 25.0 C 49.0 WB/LTR C 35.0 C 55.0 NB/L NB/TR A - 25.0 - A -I 25.0 - Route 11 & Hopewell Rd/Brueetown Rd Unsignalized SB/L A 25.0 A 25.0 SB/TR - - - - PHP A+ 1ASSI IDW GJ 1CCL V C111L:1e LCllgUl EB = Eastbound, WB =Westbound, NB = Northbound, SB = Southbound L: Left, T:Thru, R: Right Minimum queue length is assumed to be 25 feet A Trade Impact Analysis of the Wampler Property March 11, 2008 Project Number -15291-1-2 Page 6 2012 BACKGROUND CONDITIONS PHR+A increased the existing traffic volumes (Figure 2) along US Route 11, Old Charlestown Road, Stephenson Road, Hopewell Road and Brucetown Road using a growth rate of two percent (2%) per year through Year 2012. Additionally, all trips relating to specific future "other developments" located within the vicinity of the proposed development were included. Based upon the 7th Edition of the Institute of Transportation Engineers' (ITE) Trip Generation Report, PHR+A has provided Table 2 to summarize the calculated trips associated with each of the 2012 "other developments". Figure 4 shows the 2012 background ADT and AMIPM peak hour traffic volumes at key locations throughout the study area roadway. Figure 5 shows the corresponding 2012 background lane geometry and AM/PM peak hour levels of service. SYNCHRO levels of service worksheets are provided in the Appendix section of this report. PHR+A has provided Table 3 to show the 95th percentile back of queue and levels of service for each lane group during 2012 background conditions. A Traffic Impact Analysis of the WamProperty R+APHMarcarchh 11, 2008 Project Number -15291-1-2 Page 7 Table 2 2012 "Other" Developments ,r-.- Cnnnrafinn Qn Mgry Code Land Use y Amount A In AM Peak Hour Out Total PM Peak Hour In Out Total At.01 Rutherford Crossing 130 Industrial Park 215,000 SF 152 33 186 44 164 208 1,814 862 Home lmpr. Superstore 117,000 SF 76 65 140 135 152 287 3,581 815 Discount Store 127,000 SF 73 34 107 321 321 643 7,115 814 Specialty Retail 187,147 SF 139 89 228 207 264 471 8,044 932 11-T Restaurant 5,000 SF 30 28 58 33 21 55 636 934 Fast Food w/ DT 4,500 SF 122 117 239 81 75 156 2,233 932 H -T Restaurant 4,800 SF 29 27 55 32 20 52 610 932 H -T Restaurant 5,500 SF 33 30 63 37 23 60 699 932 H -T Restaurant 7,200 SF 43 40 83 48 31 79 915 912 Drive-in Bank 4,100 SF 28 22 51 94 94 188 1,004 Total 725 485 1,210 1,031 1,165 2,197 26,652 Other Developments 730 FEMA 350 employees 190 24 214 86 191 277 2,713 812 Building/Lumber Store 15,000 SF 26 13 39 33 37 70 639 Total 216 37 253 119 228 347 3,352 Stephenson Village * 210 Single -Family Detached 429 units 77 232 310 255 144 399 4,290 220 Apartment 240 units 20 103 123 100 49 149 1,573 230 Townhouse/Condo 390 units 26 125 150 127 62 189 3,393 251 Elderly Housing - Detach 266 units 29 51 80 78 44 123 1,064 253 Elderly Housing - Attach 72 units 3 2 5 4 3 7 251 Total 155 513 667 564 302 866 10,570 North Stephenson 110 Light Industrial 800,000 SF 752 103 855 118 863 981 5,874 Total 752 103 855 118 863 981 5,874 Adams Commercial 150 Warehousing 120,000 SF 78 17 95 19 57 75 792 151 Self -Service Storage 140,000 SF 12 9 21 18 17 35 334 710 Office 120,000 SF 191 26 217 36 177 213 1,535 812 Building/Lumber Store 25,000 SF 44 21 65 59 67 126 1,024 860 Wholesale Market 150,000 SF 41 34 75 14 17 32 1,010 Total 366 107 473 146 334 481 4,695 Woodside Commercial Center 820 Retail 75,000 SF 80 51 132 249 269 518 5,633 Total 80 51 132 249 269 518 5,633 Easy Living Associates Commercial Property 151 Self -Service Storage 35,000 SF 3 2 5 4 4 8 82 710 Office 35,000 SF 71 10 81 20 98 118 594 820 Retail 45,000 SF 59 38 97 177 192 370 4,041 934 Fast Food w/ DT 5,000 SF 135 130 266 90 83 173 2,481 945 Gas Station w/ Mart 16 pumps 80 80 161 107 107 214 2,604 Total 349 260 610 399 484 883 9,803 Clearbrook 120 GA Heavy Industrial 120,000 SF 54 7 61 3 20 23 180 932 H -T Restaurant 8,0.00 SF 48 44 92 53 34 87 1,017 Total 102 52 153 56 54 110 1,197 * Assumed Phase 1 build -out Tor Year Zulu PH(ZA A Traffic Impact Analysis of the Wampler Property March 11, 2008 Project Number -15291-1-2 Page 8 No Scale � � b ®r 2gC95j 42(50 �we11Rod C8p) X96 we�Ro C23q�116�Bmcetown Road C36)Sg C3g6)372 o N N m,! -'! N O 11 R iy b O H a P 1� �3 SITE N rI 1� �Aa g rysl $a til r` 2 5(222 � A Old 1,�Q9�9, Lfj� Charlestown Road l AM Peak Hour(PM Peak Hour) P, -.,D+n mmmmmmmeim Figure 4 2012 Background Traffic Conditions A Traffic Impact Analysis of the WamProperty Marcharch 11, 2008 H Project Number -15291-1-2 Page 9 C No Scale Signalised "suggested Interswtion Improvements'— LOS=C€Cl Signalization NB -1 Thru ME Infeise tiara Improvements"* LOS=C(C) Signalization EB - I Left,1 Right WB - I Left SB -1 Right [It1L testy SITE umignali'red Intersection Unsignalizcd Intersection /yam n e11 Road /P Ay _)r, �*O � 1Brucetown ,x I� Unersecized ion 4 Intersection s� Signalized "Suggested €ntersw:tinn Improvements"'• LOS=6f CI Signalzation fir AM Peak Hour (PM Peak Hour) Denotes Two-way Left turn lane Denotes critical unsignalized movement �It is proffered by Stonbridge Development **Funding for the improvement has yet to be determined Figure 5 2012 Background Lane Geometry and Levels of Service A Traffic Impact Analysis of the WamProperty March 11, 2008 RA Project Number -15291-1-2 PHPage 10 Table 3 Warnpler Property Levels of Service and Back of Queue (95 %) Results 2012 Background Conditions (w/ su=ested improvements) Intersection Traffic Control Lane Approach rLOS AM Peak Hour PM Peak Hour Back u uef Q LOS Back of Queue WB/L E 257.0 E 329.0 WB/R B 83.0 B 62.0 WB LOS C D Route 11 & Old Charlestown Signalized NB/T NB/TR B 342.0 C 776.0 Road NB LOS B C SB/L A 1 49.0 F 303.0 SB/T C 1053.0 B 860.0 SB LOS C C Overall LOS C C WB/LR C 62.0 D 124.0 WB LOS C D NB/TR B 468.0 D 1478.0 Route l l & Stephenson Road Signalized NB LOS B D SB/L A 1 25.0 F 89.0 SB/T A 234.0 A 62.0 SB LOS A B Overall LOS B C EB/L E 151.0 F 391.0 EB/T D 79.0 D 57.0 EB/R B 110.0 B 125.0 EB LOS C D WWI- E 1 127.0 D 112.0 WB/TR C 74.0 C 101.0 WB LOS D D Route 11 & Hopewell Rd/Brucetown Rd Signalized NB/L B 1 91.0 D 1 179.0 NB/TR A 343.0 A 302.0 NB LOS B B SB/L B 63.0 F 195.0 SB/T C 490.0 C 542.0 SWR A 37.0 A 70.0 SB LOS C C Overall LOS C C [�HRn * Assumed 25 feet Vehicle Length EB = Eastbound, WB =Westbound, NB = Northbound, SB = Southbound L: Left, T:Thru, R: Right A Traffic Impact Analysis of the Wampler Property March 11, 2008 Project Number -15291-1-2 Page 11 TRIP GENERATION The total trips produced by and attracted to Wampler Property site were established using the 7th Edition of the Institute of Transportation Engineers' (fFE) Trip Generation Report. Tables 4a and 4b are provided to summarizes the trip generation results for the proposed Wampler Property development for Scenario 1 and Scenario 2, respectively. Table 4a Proposed Development: Wampler Property v___ l-'rr;. (ln ntian lqnmmary AM Peak Hour PM Peak Hour ADT Code Land Use Amount In Out Total In Out Total 853 Conven. Mart w\pumps 12 pumps 103 103 206 115 115 231 6,511 Total 103 103 206 115 115 231 6,511 Table 4b Proposed Development: Wampler Property C.. ., 7• Tr.r. Gonvrafinn Cnmmary AM Peak Hour PM Peak Hour ADT Code Land Use Amount In Out Total In Out Total 151 Mini -Warehouse 37,635 SF 3 2 6 5 4 9 89 Total 3 2 6 5 4 9 89 TRIP DISTRIBUTION AND TRIP ASSIGNMENT PHR+A utilized the trip distribution percentages shown in Figures 6a and 6b to assign the Wampler Property trips (Tables 4a and 4b) throughout the study area roadway network. Figures 7a and 7b show the development -generated AM/PM peak hour trips and ADT assignments for Scenario 1 and Scenario 2, respectively, 2012 BUILD -OUT CONDITIONS The Wampler Property assigned trips (Figures 7a and 7b) were added to the 2012 background traffic volumes (Figure 4) to obtain 2012 build -out conditions. Figures 8a and 8b show the 2012 build -out ADT and AM/PM peak hour traffic volumes at key locations throughout the study area for Scenario 1 and Scenario 2, respectively. Figures 9a and 9b show the corresponding 2012 build -out lane geometry and AM/PM peak hour levels of service. Tables 5a and 5b are provided to show the 95th percentile back of queue and levels of service for each lane group during 2012 build -out conditions for Scenario 1 and Scenario 2, respectively. All SYNCHRO levels of service worksheets are included in the Appendix section of this report. A Traffic Impact Analysis of the Wampler Property March 11, 2008 HRProject Number -15291-1-2 PPage 12 No Scale Figure 6a Scenario #1: Trip Distribution Percentages A Traffic Impact Analysis of the Wampler Property March 11. 2008 Project Number -15291-1-2 Page 13 ■ f� No Scale Figure 6b Scenario #2: Trip Distribution Percentages PHRn A Traffic Impact Analysis of the Wampler Property March 11, 2008 Project Number -15291-1-2 Page 14 No Scale�� floPew 1 Roa 1� (35j31 "rr'� „ � �OPnWeII Road _ - $NCetown ROad sfe� eb� 11 �2 ekd� r6D9 ^ b h d. a.` SITE i C we. S101.11 0 S� �� OIdC `(Ob harlestow' Road AM Peak Hour(PM Peak Hour) Figure 7a Scenario # 1: Development -Generated Trip Assignments A Traffic Impact Analysis of the Wampler Property PHMarch 11, 2008 Project Number -15291-1-2 Page 15 0 No Scale R Well ROad BTucetown Road 1 r22JI` d, 11 I� 3, „ N ti SITE r j 1♦ e� so O �1 eS[°w ° ROad AM Peak Hour(PM Peak Hour) nT T�+A Figure 7b Scenario # 2: Development -Generated Trip Assignments A Traffic Impact Analysis of the Wampler Property March 11, 2008 R+A H Project Number -15291-1-2 PPage 16 No Scale 24'(45) Aopcw'1J ( � 42(5p) (234)11 Road i 96(8o (36)Sg (43 1)4 1)403 ,n 9 ry7 00 t� q ti 110 'y YY a � ` -Pewel/Rodd BruceYnwn Road 11 ti� oqn PCO 0� q�b �632Jg6 H"a Js1 n N 11 `�r51 p, n L M�3 � 8�1 SITE S`e�r 2�28�2J dy n1�� _N eA�e 4 �s til o %212 �"2-54222) Ov C `10.�91,,yS harlestown Road l T��J A AM Peak Hour(PM Peak Hour) ■- T TP+/ Figure 8a Scenario #1: 2010 Build -out Traffic Conditions A Trak Impact Analysis of the Wamnler Property March 11, 2008 t_jPR+AProject Number -15291-1-2 Page 17 Figure 8b Scenario #2: 2012 Build -out Traffic Conditions A Trak Impact Analysis of the WarnProperty March 11, 2008 R+A Project Number -15291-1-2 PHPage 18 LP Road 24(4S��2C50% No Scale (39g)3j3 N 7 V ° 11 �� ~ WPf�ROad `' wn Ro_ �d $mcet^ Il— �`ry�b`� 1l 1 r 1� til a n SITE N DPS ,tigl 9,ti1'Y 212(ISg) �� 23S1222j Otd char R°ad lti AM Peak Hour(PM Peak Hour) _PT _D+n Figure 8b Scenario #2: 2012 Build -out Traffic Conditions A Trak Impact Analysis of the WarnProperty March 11, 2008 R+A Project Number -15291-1-2 PHPage 18 I in No Scale Signalized \ Intersection LOS--B(C) v7c,?/ Signa>:d "Suggested luto'Ktion Improvements"xx LIOS--CH`i Signalization NB -I Thm X_t*AC II�� Signalized „Suggested luterseLtion Improvements"** LOS=C(D) Signalization [EB -1 Left, l Right wB - I Left SB -1 Right �e Ho wrlr �r � rclov/pR+a (u)Cu4 SIVE Unsignalized Intersec4ion s� Unsignalized Intersection ��JJ9 Z. ad ` (F) J�F tucetown Road y b Signalized "Suggested frdersectiun Improvements'— LOS=A(L1 SignalaWion tea, J it AM Peak Hour (PM Peak Hour) Denotes Two-way Left turn lane * Denotes critical unsignalized movement CIt is proffered by Stonbridge Development p "Funding for the improvement has yet to be determined Figure 9a Scenario #1: 2012 Build -out Lane Geometry and Levels of Service A Traffic Impact Analysis of the Wamarch Property Pi4 March 11, 2008 Project Number -15291-1-2 Page 19 I Signalized "Suggested jIntersection Improvements—* LOS C¢C) Signalization EB - 1 Left, 1 Right WB - 1 Left SB - 1 Right Unsignatized * Intersection No Scale C W I 1 ewe// �S �eaowD� Rd No well lload Ole F(r)* Ruvr = 9su �F Brucetown Road tt Unsignahzed s- Intersection �P * dy �� Stpsalized "Suggested IaterseAtlJian Improvements — LfiB==yCI Signah—tion l g Uzed Inntersectionsiseabed y � rtji �6 �*S SITE e Signalized "Suggested * ,sod ErStFt•utl Improvements" boa Lli� $(Gl Signalizatien NB -ITh" 6 r� 9 , �110�i old Ch�l�town Unci ctioutRoad ar Intersection AM Peak Hour (PM Peak Hour) Denotes Two-way Left turn lane * Denotes critical unsignalized movement �It is proffered by Stonbridge Development nT Tri -E -n **Funding for the improvement has yet to be determined Figure 9b Scenario #2: 2012 Build -out Lane Geometry and Levels of Service A Traffic Impact Analysis of the Wampler Property March 11, 2008 R+A H Project Number -15291-1-2 PPage 20 Table 5a Wampler Property Levels of Service and Back of Queue (95 %) Results Scenario #1: 2012 Build -out Conditions (w/ suggested improvements) Pf " * Assumed 25 feet Vehicle Length EB = Eastbound, WB =Westbound, NB = Northbound, SB = Southbound L: Left, T:Thru, R: Right Minimum queue length is assumed to be 25 feet A Trak Impact Analysis of the Wampler Property March 11. 2008 Project Number -15291-1-2 Page 21 Control antrorol Lane AM Peak Hour LOS Group/ Back of Approach Queue PM Peak Hour LOS Back of Queue Route II & Old Charlestown Road Signalized WB/L E WB/R A 241.0 67.0 E B 329.0 62.0 WB LOS C D NB/T B NB/TR 263.0 D 912.0 NB LOS B D SB/IL B SB/T C 41.0 901.0 F A 275.0 1 539.0 SB LOS C C Overall LOS C C Old Charlestown Rd & Site -Driveway Signalized EB/L D EB/R B 67.0 38.0 E 90.0 1 47.0 EB LOS C D NB/L A NB/T B 38.0 469.0 A C 25.0 1 1418.0 NB LOS B C SB/TR B 921.0 A 48.0 SB LOS B A Overall LOS B C Route 1 l & Stephenson Road Signalized WB/LR C 56.0 D 145.0 WB LOS C D NB/TR A T 120.0 D 1 1376.0 NB LOS A D SB/L A SB/T A 25.0 423.0 F A 82.0 117.0 SB LOS A B Overall LOS A C Route I 1 & Hopewell Rd/Brucetown Rd Signalized EB/L E EB/T D EB/R C 1 147.0 77.0 186.0 F D B 1 391.0 57.0 177.0 EB LOS C D WB/L D WB/TR C 124.0 72.0 D C 1 112.0 101.0 WB LOS D D NB/L. B NB/TR A 124.0 308.0 E A 256.0 300.0 NB LOS A C SB/L B SB/T C SB/R A 1 60.0 481.0 31.0 F C A 149.0 579.0 77.0 SB LOS C D Overall LOS C D Pf " * Assumed 25 feet Vehicle Length EB = Eastbound, WB =Westbound, NB = Northbound, SB = Southbound L: Left, T:Thru, R: Right Minimum queue length is assumed to be 25 feet A Trak Impact Analysis of the Wampler Property March 11. 2008 Project Number -15291-1-2 Page 21 Table 5b Wampler Property Levels of Service and Back of Queue (95%) Results c�ar�v-;n #2. 1.012 Roild-ont Conditions (w/ sueeested improvements) Intersection Traffic Control Lane Group/ Approach AM teak Hour Plvi Peak flour LOS Back of LOS Queue Back of I Queue WB/L E 259.0 E 329.0 WB/R A 62.0 B 1 62.0 WB LOS C D NB/T B 235.0 D 877.0 Route 11 & Old Charlestown Signalized NBfTR NB LOS u D Road SB/L A 41.0 E 267.0 SBlT C 850.0 A 424.0 SB LOS B B Overall LOS B C EB/LR C 25.0 D 25.0 NBIL NBfT B 25.0 C 25.0 - - Old Charlestown Rd & Site -Driveway Unsignalized SBfM - - - WB/LR C 54.0 D 119.0 WB LOS C D NBfTR B 1 661.0 D 755.0 Route 11 & Stephenson Road Signalized NB LOS B D SB/L A 27.0 F 1 89.0 SBfr A 1 416.0 A 78.0 SB LOS A B Overall LOS A C EB/L E 151.0 F 391.0 EB/T D 79.0 D 57.0 EB/R B 111.0 B 128.0 EB LOS C D WB/L E 127.0 D 112.0 WB/TR C 74.0 C 101.0 WB LOS D D Route 11 & Hopewell Signalized NB/L B 101.0 D 176.0 Rd/Brucetown Rd NBUR A 276.0 A 1 285.0 NB LOS A B SB/L B 63.0 F 196.0 SBfT C 490.0 C 542.0 1 SB/R A 37.0 A 70.0 SB LOS C C Overall LOS C C PH RA Assumed 25 reet vemcic LCngui EB = Eastbound, WB =Westbound, NB = Northbound, SB = Southbound L: Left, T:Thru, R: Right Minimum queue length is assumed to be 25 feet A Traffic Impact Analysis of the Wampler Property March 11, 2008 Project Number -15291-1-2 Page 22 CONCLUSION Based upon Synchro analysis results, regional improvements will be required in order to maintain satisfactory levels of service in the vicinity of the proposed Wampler Property development. Assuming the improvements shown in Figures 9a and 9b for Scenario 1 and Scenario 2, respectively; all the study area intersections, except the intersection of US Route I I/Hopewell RoadBrucetown Road during Scenario 1 and 2 and the unsignalized intersection of Route ll/Site-Drive during Scenario 2, will maintain overall levels of service "C" or better during 2012 build -out conditions. The following reiterates the off-sitee roadway improvements recommended for each of the study area intersections during Scenario 1 and Scenario 2: • Route I I/Old Charlestown Road: In order to achieve levels of service "C or better, this intersection will require a traffic signalization and an additional northbound thru lane during 2012 build -out conditions for Scenario 1 and Scenario 2. • Route 11/Stephenson Road: In order to achieve levels of service "C or better, this intersection will require a traffic signalization during 2012 build- out conditions for Scenario 1 and Scenario 2. • Route 11/ Hopewell RoadBrucetown Road: In order to achieve levels of service "D" or better, this intersection will require a traffic signalization, an additional eastbound left and right turn -lanes, westbound left turn -lane, and southbound right turn -lane during 2012 build -out conditions for Scenario 1 and Scenario 2. The applicant will work with VDOT/County to accommodate pedestrian and bicycle facilities adjacent to the site. NOTE: Funding for the aforementioned improvements has yet to be detennined. PH A Traffic Impact Analysis of the Wampler Property R+AMarch 11, 2008 Project Number -15291-1-2 Page 23 APPENDIX Location of Background Developments No Scale Rsy+ta , WOOM COMMERCIAL CENTER]F — �P y �1 �i CLEARBROOK Rd Clear Bre�k 4 �$ M 3 ' ADAMS COMMERCIAL ��—� vis•w ati co 14 SITE �F t,,tw _ EASY LIVING ASSOCIATE„ c� COMMERCIAL PROPERTY FEMA &LUMBER STORE ~' '� STEPHENSON VILLAGE n ITA t7l NORTH STEPHENSON r, T; �7 L/ RUTHERFORD CROSSING --4.v.. - z•.Te ... LceEutVt� g" _d 7cq o-igf 411 / Lp,, -,.,P,A 1 'M e_1 _ Figure A Location of "Backcground Developments" REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicants: Name: Patton Harris Rust & Associates Telephone: (540) 667.2139 c/o Patrick Sowers Address: 117 East Piccadilly Street Winchester, Virginia 22601 2. Property Owner (if different than above) Name: Wampler Mobile Homes Telephone: (540) 667-7772 c/o Jack Wampler Sr. & Jack Wampler Jr. Address: 2648 Martinsburg Pike Stephenson, VA 22656 3. Contact person(s) if other than above Name: Patrick Sowers Telephone: (540) 667.2139 4. Checklist: Check the following items that have been included with this application. Location Map X Agency Comments _ Plat Fees _ Deed of property X Impact Analysis Statement X Verification of taxes paid X Proffer Statement X 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Wampler Mobile Homes Jack Wampler Sr. Jack Wampler Jr. 6. A) Current Use of the Property: Mobile Home - Residential B) Proposed Use of the Property: Commercial 7. Adjoining Property: SEE ATTACHED. 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers). The PropeKly is located West and adjacent to Route 11 (Martinsburg Pike approximately 1000 feet south of the intersection of Route 11 and Stephenson Road and approximately 1900 feet north of the intersection of Route 11 and Old Charlestown Road. In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density of intensity scenario for the proposed Zoning District as described on page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number: 4413-1-121) Districts Magisterial: Stonewall Fire Service: Clearbrook Rescue Service: Clearbrook High School: Middle School: Elementary School: James Wood James Wood Stonewall 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 2.16 RA B2 2.16 Total acreage to be rezoned 2 11. The following information should be provided according to the type of rezoning proposed: Single Family 'Home Non -Residential Lots Office Retail Restaurant 12. Signature: Number of Units Proposed T ownhome Multi -Family Mobile Home Hotel Rooms Square Footage of Proposed Uses Service Station Manufacturing Flex - Warehouse Other 12 Pump Station (Scenario 1- Worst Case) 37,655 — Self Storage (Scenario 2 - Intended) I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s) Date % 0 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By Those Present: That I (We) (Name) Wampler's Mobile Homes (Phone) 540.667.7772 (Address) 2648 Martinsburg Pike, Stephenson, VA 22656 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument Number: 020018080 and is described as Tax Map Parcel 44B -1-12D Subdivision: do hereby make, constitute and appoint: (Name) Patton Harris Rust & Associates (Phone) 540.667.2139 (Address) 117 E. Piccadilly Street, Suite 200, Winchester, Virginia 22601 To act as my true and lawful attorney-in-fact for and in my (our) name, place, and stead with full power and �� 4 authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including X Rezoning (including proffers) _ Conditional Use Permits Master Development Plan (Preliminary and Final) _ Subdivision Site Plan My attorney-in-fact 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. In witness thereof, I (we) have hereto set my (our) hand and seal this day of �-- 00 w 1-7— Signature(s State of Virginia, City/County of /T�/C'G -�� ,To -wit: I, a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared before me and has acknowledged the same before mein the jurisdiction aforesaid this l .. day of 200 �. 7Pueic 110 ,s,,,,, `�.� fit; *•s,,.>..,•. meq•': • 4.; 0 V y Commission Expires:C?,2X12. Jason Brent Orndorff Commonwealth of Virginia fNotary Po3 Comm ssi-n No.. 2 237449 My Commission Expires 02/29/2012 Adjoining Property Owners — Wampler Property Owners of property adjoining the land will be notified of the Planning Commission and .the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name Address Property Identification Number (PIN) Name: Wampler's Mobile Homes 2648 Martinsburg Pike Property#: 44-A-55 Stephenson, VA 22656 Name: Wampler's Mobile Homes 2648 Martinsburg Pike Property#: 44-A-56 Stephenson, VA 22656 Name: Ronald Simkhovitch 2929 Valley Ave Property#: 44-1-A Winchester, VA 22601 Name: Nicholas & Brenda Pinchot 2613 Martinsburg Pike Property #: 44B -1-12C Stephenson, VA 22656 Name: Easy Living Associates 2489-3 Martinsburg Pike Property #: 44B-1-6 Ste henson, VA 22656 Name: Property #: Name: Property #: Name: Property#: Name: Property#: Name: Property#: Name: Property #: Name: Property #: Name: -Property#: Name.- ame:Pro ert Property #: NOTES: 1. FREDERICK COUNTY PIN: 446-1-121) 2. OWNERSHIP & PROPERTY OUTLINE ARE BASED ON THE DEED RECORDED AS DB 927, PG 1092. MERIDIAN IS BASED ON THE PLAT RECORDED AS DB 226, PG 222. 3. THE PROPERTY DESCRIPTION RECORDED IN DB 927, PG 1092 DOES NOT MATHEMATICALLY CLOSE. GRAPHIC SCALE 100 0 50 100 I I I ( IN FEET ) 1 inch = 100 ft. OO PHR+A 2008 EXHIBIT PIN: 4413-1-12D PROPERTY OF: WAMPLER'S MOBILE HOMES STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1"=100' DATE: OCT. 31, 2008 Patton Harris Rust & Associates Engineers. Surveyors. Planners. Landscape Architects. • 117 East Piccadilly Street Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 SHEET 1 OF 1 COUNTY of FREDER-ICK Department of Planning anal Development MEMORANDUM RA D �J T 1�.�54©/665- FAX: 540/665-6395 To: Frederick County Planning Commission From: Candice E. Perkins, AICP, Senior Planner:: , Subject: Public Hearing -- Chapter 165 Recodification Date: July 23, 2009 Over the past few years, there have been numerous revisions to Chapter 165 — Zoning, and there are additional larger revisions that are being proposed. These revisions have highlighted the need to restructure the Zoning Ordinance so it can accommodate current and future proposed changes. The current configuration of the Ordinance is that it begins with § 165-1 and ends with §165-156; this numbering is problematic in that when sections are added to the ordinance, it shifts the numbers in the remaining ordinance. This has resulted in various types of numbers being utilized (see §165-48.1-48.11 and §165-131.1-131.8) to accommodate approved ordinance revisions. To address this issue, staff is proposing a recodification of Chapter 165 which will revise the entire chapter number; content is not being changed. The revised format will include separate parts that could individually be expanded when amendments are inserted into the chapter. With the proposed revision, certain portions of the ordinance would be consolidated into other articles or moved to similar uses. A recommendation to the Board of Supervisors from the Planning Commission on this proposed Zoning Ordinance text amendment is sought. Specifically, the following is proposed: • Definitions would be relocated to the beginning of the chapter. • General Provisions, Amendments and Conditional Use Permits would be consolidated. • Supplementary Use Regulations would be broken up into four parts. • Agricultural (RA) District and Residential Districts would be consolidated into one article. • Planned Unit Developments would be consolidated into one article (would necessitate relocating the MS District). • Business and Industrial Districts would become one article and would include the HE and EM Districts. • The Overlay Districts would be combined into one article. • Master Development and Site Plans would be combined into one article. * Reserved sections have been included to accommodate proposed ordinance amendments. 107 Nor* Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Frederick County Planning Commission Re: Chapter 165 Page 2 July 23, 2009 The item was presented to the Development Review and Regulations Committee (DRRC) at their meeting on May 28, 2009. The DRRC endorsed the changes and recommended it be sent to the Planning Commission for discussion. The Planning Commission discussed the changes at their meeting on June 17, 2009. The Planning Commission agreed with the proposed amendment and recommended that the changes be forwarded to the Board of Supervisors for discussion. The Board of Supervisors discussed this item at their meeting on July 22, 2009 and approved it to be sent to public hearing. Attachment 1 shows the table of contents of Chapter 165 in the proposed new format as well as the relocated sections; text in red represents relocated sections and title modifications. Attachment 2 shows the revisions necessary in Chapter 165 and 144 to reflect the new numbering format. A recommendation to the Board of Supervisors from the Planning Commission on this proposed Zoning Ordinance text amendment is sought. Please contact me if you have any questions. Attachments: 1. Revised table of contents showing proposed format, combined sections and relocated text. 2. Chapter 165 and 144 revisions to reflect the new numbering. 3. Existing table of contents. CEP/bad Chapter 165 ZONING ARTICLE i GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS Part i01- General Provisions 165-101.01 Intent; purpose. 165-101.02 Definitions & word usage. 165-101.03 Headlines of sections. 165-101.04 Scope; applicability. 165-101.05 Zoning districts and zoning map. 165-101.06 Administration and interpretation. 165-101.07 Compliance required; required 165-102.06 permits. 165-101.08 Violations and penalties; 165-201.09 enforcement. 165-101.09 Disclosure of ownership. Part 102 -Amendments 165-102.01 Initiation. 165-102.02 Applications. 165-102.03 Planning Commission public 165-201.04 hearing. 165-102.04 Board of Supervisors public 165-201.06 hearing. 165-102.05 Impact analysis. 165-102.06 Conditional rezoning. Part 103 - Conditional Use Permits ATTACHMENT 1 Article II SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES Part 201- Supplementary Use Regulations 165-201.01 Scope, 165-201.02 Setback requirements. 165-201.03 Height limitations; exceptions. 165-201.04 Lot requirements. 165-201.05 Secondary or accessory uses. 165-201.06 Signs. 165-201.07 (Reserved) 165-201.08 Protection of environmental 165-103.04 features. 165-201.09 Stormwater management. 165-201.10 Outdoor storage and processing. 165-201.11 Property owners' associations. 165-201.12 Nuisances. Part 202 - Off -Street Parking, Loading and Access 165-202.01 Off-street parking; parking lots. 165-202.02 Loading areas. 165-202.03 Motor vehicle access. 165-202.04 Streets; Inter -parcel connectors. Part 203 - Buffers and Landscaping 165-103.01 Consideration; approval or 165-203.01 Landscaping requirements. disapproval. 165-203.02 Buffer and screening 165-103.02 Standards. requirements. 165-103.03 Conditions. 165-103.04 Application and approval Part 204 - Additional Regulations for Specific procedures. Uses 165-103.05 Fees. 165-103.06 Site plans. 165-204.01 Adult care residences, assisted 165-103.07 Changes in use. living care facilities, and 165-103.08 Revocation. convalescent or nursing homes. 165-204.02 Batting cages, commercial, operated outdoors. 165-204.03 Campgrounds and tourist camps. 165-204.04 Car washes. ATTACHMENT 1 Chapter 165 ZONING 165-204.05 Electrical, hardware, plumbing and Part 402 - RP Residential Performance District Permitted uses. heating equipment businesses (SIC Conditional uses. 165-401.04 506 and 507). 165-402.01 Intent. 165-204.06 Flex -tech uses. 165-402.02 Permitted uses. 165-204.07 Government services office. 165-402.03 Conditional uses. 165-204.08 Grocery and food stores. 165-402.04 Number of uses restricted. 165-204.09 Humanitarian aid organizational 165-402.05 Gross density. office. 165-402.06 Multifamily housing. 165-204.10 Kennels. 165-402.07 Open space requirements. 165-204.11 Landfills, junkyards, trash disposal, 165-402.08 Recreation facilities. and inoperable vehicles. 165-402.09 Dimensional requirements. 165-204.12 Motor vehicle service uses and 165-402.10 Phased development. public garages. 165-204.13 Restaurants. Part 403 - MH1 Mobile Home Community 165-204.14 Sewage treatment facilities. District 165-204.15 Shooting ranges, outdoor. 165-204.16 Shopping centers, office parks and 165-403.01 Intent. industrial parks. 165-403.02 Permitted uses. 165-204.17 Slaughterhouses and rendering 165-403.03 Conditional uses. plants. 165-403.04 Mobile home parks and 165-204.18 Storage facilities, self-service. subdivisions. 165-204.19 Telecommunication facilities, commercial. ARTICLE V 165-204.20 Trailers, temporary. PLANNED DEVELOPMENT DISTRICTS 165-204.21 Truck or fleet maintenance facilities and truck rental and Part 501- R4 Residential Planned Community leasing facilities, without drivers. District ARTICLE 111- RESERVED ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS Part 401- RA Rural Areas District 165-401.01 Purpose and intent. 165-401.02 Permitted uses. 165-401.03 Conditional uses. 165-401.04 Permitted residential density; 165-501.05 exception. 165-401.05 Minimum lot size. 165-401.06 Permitted lot sizes. 165-401.07 Setback requirements. 165-401.08 Minimum width; maximum depth. 165-401.09 Height restrictions. 165-501.01 Intent. 165-501.02 Rezoning procedure. 165-501.03 Permitted uses. 165-501.04 Conditional uses. 165-501.05 Mixture of housing types required. 165-501.06 Design requirements. Part 502 - R5 Residential Recreational Community District 165-502.01 Intent. 165-502.02 Master development plan. 165-502.03 Rezoning procedure. 165-502.04 Permitted uses. 165-502.05 Design requirements. Chapter 165 ZONING Part 503 - Reserved Part 504 - MS Medical Support District 165-504.01 Intent. 165-504.02 Permitted uses. 165-504.03 District area, floor -to -area ratios, 165-608.04 and residential gross densities. 165-504.04 Access regulations. 165-504.05 Structure and parking lot setback 165-608.07 requirements. 165-504.06 Height regulations. 165-504.07 Open space, landscaped area, and buffer and screening regulations. 165-504.08 Sign regulations. ARTICLE VI BUSINESS AND INDUSTRIAL ZONING DISTRICTS Part 601- Dimensional and Intensity Requirements 165-601.01 Dimensional and intensity requirements 165-601.02 Minimum landscaped area Part 602 - B1 Neighborhood Business District 165-602.01 Intent. 165-602.02 Allowed Uses. Part 603 - B2 Business General District 165-603.01 Intent. 165-603.02 Allowed Uses. 165-603.03 Conditional Uses. Part 604 - B3 Industrial Transition District 165-604.01 Intent. 165-604.02 Allowed Uses. ATTACHMENT 1 Part 605 - OM Office -Manufacturing Park District 165-605.01 Intent. 165-605.02 Permitted Uses. 165-605.02 Secondary or Accessory Uses. 165-605.03 Design Requirements. Part 606 - M1 Light Industrial District 165-606.01 Intent. 165-606.02 Allowed Uses. Part 607 - M2 Industrial General District 165-607.01 Intent. 165-607.02 Allowed Uses. Part 608 - EM Extractive Manufacturing District 165-608.01 Intent. 165-608.02 Permitted uses. 165-608.03 Performance standards. 165-608.04 Landscaping. 165-608.05 Setback and yard requirements. 165-608.06 Height limitations. 165-608.07 Additional requirements. Part 609 - HE Higher Education District 165-609.01 Intent. 165-609.02 Permitted uses. 165-609.03 Yard requirements. 165-609.04 Buffers and screening. 165-609.05 Height limitation. ATTACHMENT 1 Chapter 165 ZONING ARTICLE VII OVERLAY DISTRICTS Part 703 - HA Historic Area Overlay Zone Part 701 -API Airport District 165-703.01 Intent. Severability 165-702.06 165-703.02 Establishing overlay boundaries. 165-701.01 Intent. 165-703.03 Criteria for determining historic 165-701.02 Airport safety zones. Boundaries significance. 165-701.03 Height limitations. 165-703.04 General regulations. 165-701.04 Use restrictions. 165-703.05 Administration. 165-701.05 Noise. Standards for the Floodway 165-701.06 Nonconforming uses. Part 704 - IA Interstate Area Overlay District 165-701.07 Appeals 165-702.15 Standards for Approximated Part 702 - FP Floodplain Districts 165-702.01 Purpose 165-702.02 Applicability 165-702.03 Compliance and Liability 165-702.04 Abrogation and Greater 165-704.01 Restrictions 165-702.05 Severability 165-702.06 Description of Districts 165-702.07. Official Zoning Map 165-702.08 District boundary changes 165-702.09 Interpretation of District Boundaries 165-702.10 Permit and Application Requirements 165-702.11 General Standards for all Special Flood Hazard Areas 165-702.12 Specific Standards 165-702.13 Standards for the Floodway District 165-702.14 Standards for the Special Floodplain District 165-702.15 Standards for Approximated Floodplain 165-702.16 Standards for Subdivision Proposals 165-702.17 Design criteria for utilities and facilities 165-702.18 Factors to be considered in granting variances 165-702.19 Existing Structures in Floodplain Areas 165-702.20 Penalties for Violations 165-704.01 Intent. 165-704.02 District boundaries. 165-704.03 Establishment of districts. 165-704.04 Qualifying criteria. 165-704.05 District regulations. Part 705 -TNDB Traditional Neighborhood Design -Business Overlay District 165-705.01 Intent. 165-705.02 District boundaries. 165-705.03 Establishment of districts. 165-705.04 Use, density, dimensional and intensity regulations. 165-705.05 Off-street parking; parking lots. 165-705.06 Design standards. 165-705.07 Master Development Plan(MDP). 165-705.08 Signage. ARTICLE VIII DEVELOPMENT PLANS AND APPROVALS Part 801— Master Development Plans 165-801.01 Intent. 165-801.02 When required. 165-801.03 Waivers. 165-801.04 Review conference. 165-801.05 Preapplication conference. 165-801.06 Preliminary master development 165-901.05 plan. 165-801.07 Final master development plan. 165-801.08 Changes to approved plans. 165-801.09 Preliminary master development plan submission. 165-801.10 Contents of preliminary master development plans. 165-801.11 Final master development plans. 165-801.12 Master development plan review fees. Part 802 — Site Plans 165-802.01 Activities requiring site plans. 165-802.02 Site plan applications; review. 165-803.03 Site plan contents. 165-803.04 Required improvements. ARTICLE IX NONCONFORMING USES, STRUCTURES AND SIGNS Part 901— Nonconforming Uses, Structures and Signs. 165-901.01 Continuation of pre-existing uses, structures & signs. 165-901.02 Discontinuance. 165-901.03 Re-establishing discontinued legally nonconforming use. 165-901.04 Expansions and modifications. 165-901.05 Legally nonconforming lots of record. 165-901.06 Restoration or replacement. ATTACHMENT 1 Chapter 165 ZONING ARTICLE X BOARD OF ZONING APPEALS Part 1001— Board of Zoning Appeals 165-1001.01 Appointment; organization; terms. 165-1001.02 Powers & duties. ARTICLE XI BUFFER & SCREENING DIAGRAMS Part 1101— Buffer & Screening Diagrams 165-1101.01 Buffer & Screening Diagrams. :7 .� • ATTACHMENT 2 CHAPTER 165 -ZONING REVISIONS RESULTING FROM THE RECODIFICATION OF CHAPTER 165 -ZONING ARTICLE I General Prevosmens GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS Part 101— General Provisions § 165-2. Scope, applicability. (NEW - 165-101.04) This chapter shall establish regulations concerning the use of land, the dimensions of lots and uses and other supplementary development regulations to achieve the intentions of this chapter. This chapter establishes districts throughout the County and regulations applicable to each district. B. In all districts, after the effective date of this chapter, any existing lot, use or structure which is not in conformity with the regulations for the district in which it is located shall be deemed as nonconforming and subject to the regulations of Articled IX of this chapter, §165-101.3. Headlines of sections. The headlines of the sections printed in boldface type are intended as mere catchwords to indicate the contents of the sections and do not constitute part of the ordinance ARTICLE I GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS Part 103 — Conditional Use Permits § 165-17. Application and approval procedures. (NEW 165-103.04) Procedures for applying for and approving a conditional use permit shall be the same as the procedures described for applying for and approving a rezoning as described in Article -4 I f this chapter. SupplementaFy Use Regulations Article II SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES Part 201— Supplementary Use Regulations § 165-24. Height limitations; exceptions. (NEW 165-201.03) 8. Exceptions to height requirements: ATTACHMENT 2 (6) General office buildings in the B2 and B3 Zoning Districts and hotel and motel buildings in the B2 Zoning District shall be exempt from the maximum height requirement of those zoning districts. In no case shall the height of such building exceed 60 feet. When such exemptions are proposed adjacent to existing residential uses, the Planning Conirnisslon shall review the site development plan pursuant to the provisions of § 165 37A(3). 165-203.02A(3). § 165-27. Off-street parking; parking lots. (NEW 165-202.01) E. Parking lots. Parking spaces shared by more than one dwelling or use, required for any use in the business or industrial zoning district or required for any institutional, commercial or industrial use in any zoning district shall meet the following requirements: (11) Landscaping. (a) Perimeter landscaping. The perimeter of all impervious areas shall be landscaped with shade trees and other landscaping. One tree shall be provided for every 2,000 square feet of site. One tree shall be provided for every 5,000 square feet of impervious area over 100,000 square feet of the entire site. Self-service storage facilities shall provide one tree per 10,000 square feet of impervious area of the entire site, in addition to the trees required in § X5-44 165- 204.18, Self -storage facilities. The majority of these trees shall be located around parking lots. A three -foot -high evergreen hedge, fence, berm or wall shall be provided to prevent headlights from shining on public rights-of-way and adjoining properties. All perimeter landscaping shall comply with the requirements of §165-36C 165-203.018, Plant selection, planting procedure and maintenance. (b) Interior landscaping. A minimum of 5% of the interior portions of parking lots shall be landscaped for the purpose of providing shade trees. Such interior landscaping shall be provided on raised islands and in continuous raised strips extending the length of a parking bay. Within the parking lot, raised islands and landscaped areas should be uses to delineate traffic and pedestrian circulation patterns. No less than one shade tree shall be provided in the interior of the parking lot for each 10 parking spaces. The Zoning Administrator may waive the requirement for interior landscaping for parcels located outside of the Sewer and Water Service Area when curb and gutter is not proposed. The Zoning Administrator may approve alternative locations for interior landscaping for parking lots used for truck parking, as well as other parking lots, when it would improve the overall quality of the landscape plan. All interior landscaping shall comply with the requirements of § 165 2165-203.018, Plant selection, planting procedure and maintenance. § 165-28. Loading areas (NEW 165-202.02) B. Design standards. (4) Surface materials and curb and gutter. Loading areas shall meet the surface material and curb and gutter requirements for one of the following categories: (c) Loading areas with two or less loading spaces proposed. Loading areas serving uses identified in § 159t 165-202.02A may have a gravel surface if two or less loading spaces are propose" and if the loading area is separate from the parking lot. Curb and gutter shall be required fog loading areas with two or less loading spaces when the loading area is part of the parking lot, and when curb and gutter is required for the parking lot. ATTACHMENT 2 § 165-30. Signs. (NEW 165-201.06) This section is established to regulate the erection, number, area, height, location, type and maintenance of signs to promote the health, safety and general welfare of the public and the orderly development of the county by protection property values and providing adequate signage for businesses and motorists; protection and enhancing the image, appearance and economic vitality of the county and supporting the Frederick County Comprehensive Policy Plan. Any type of sign not currently listed in Section(s) 165-3 165-201.06 and 165-X56165-101.02 of the Frederick County Zoning Ordinance shall be prohibited. D. Off -premises signs. (2) Off -premises signs shall be limited to a size, scale and height that does not detract from surrounding properties and uses, and in no case shall exceed the size and height regulation set forth in § 165-38165- 201.06 for freestanding signs. G. Height. (1) Wall -mounted signs shall not exceed the maximum height requirement for the zoning district in which they are located. General office buildings, and hotel or motel buildings allowed to exceed the general height requirements for the underlying zoning district as per § 165-'� 165-201.038(6) (Height Limitations, exceptions) shall be allowed wall -mounted signs with a maximum height not to exceed the maximum height requirement of § 169 24R(6) 165-201.038(6). § 165-31. Protection of environmental features (NEW 165-201.08) B. All developments which require a master development plan, subdivision design plan, site plan, or preliminary sketch plan shall preserve the following environmental features as described: (1) Floodplains. Disturbance of floodplains is only permitted in accordance with the requirements of Article XV, Vll, Part 702. FP Floodplain Districts. C. In residential developments, the areas of undisturbed environmental features described in § 165-3 165- 201.088 shall be located in areas of open space. However, the Planning Commission may allow undisturbed areas to be included in the required setback and yard areas on residential lots when the extent, location and disturbance of environmental areas make it impractical to place the undisturbed areas in common open space. In such circumstances, environmental easements, deeds of dedication, final subdivision plats or other legal instruments approved by the Zoning Administrator shall be required to specify the restrictions to be placed on the environmental areas. D. In rural preservation subdivisions, the environmental features described in § 165-3114 165-201.088, along with agricultural or locally significant soils, shall be placed within the forth -percent parcel, without undue detriment to other principles of quality subdivision design or significant loss of density, as determined by the Zoning Administrator. E. In commercial and industrial developments, the areas of undisturbed environmental features described in § 165-310 165-201.088 shall be located in areas of open space, environmental easements, deeds of dedication, final subdivision plats or other legal instruments approved by the Zoning Administrator which specify the restrictions to be placed on the environmental areas. ATTACHMENT 2 § 165-36. Landscaping requirements. (NEW 165-203.01) A. Residential developments. (1) Street tree landscaping. Street tree landscaping shall require one street tree for every 40 feet of street frontage in a residential development, with the exception of a frontage on roads which require a road efficiency buffer. Street trees shall be planted no more than 20 feet from rights-of-way. Planting street trees on the property lines of building lots should be avoided. Two or more street trees shall be planted on each building lot. The Zoning Administrator may allow fewer than two street trees for an individual building lot if topographical features, utilities, easements or the width of the lot makes it impractical to do so. All street trees shall comply with the requirements of § 165-369 165- 203.018, with the exception that street trees must be at least two -and -one -half-inch caliper at the time of planting. (2) Ornamental landscaping. (b) Ornamental trees and shrubs shall comply with the requirements of § 165 369 165-203.018. The Zoning Administrator may allow some of the required ornamental trees and ornamental shrubs to be planted in areas of common open space so long as the intent of the section is met. (3) Tree preservation landscaping. An area with a tree canopy coverage, of at least 25% of the entire site area, shall be preserved within dedicated open space. In no case shall individual building lots be located within the open space. Canopy coverage shall be calculated from the cumulative total of existing tree canopies. Preserved trees shall be clustered together to maintain a contiguous canopy; and shall be protected from construction activity. These areas of open space may be counted towards the tots required open space, as specified in § 165-63 165-402.07. Residential developments which are not required to have open space by § 465-63 165-402.07 are not exempt from creating open space for the required canopy coverage. The calculation of tree canopy shall be based on either the individual tree standards of the "Manual of Wood Landscape Plants," written by Michael A. Dirr, or through a comprehensive analysis of existing tree drip lines, conducted by a Virginia certified engineer, land surveyor or landscape architect. C. Existing tree credits. If the intent of § X5-36 165-203.01 is satisfied, including species type and location, existing trees that are preserved may be counted towards the total number of required trees for residential developments. Commercial and industrial developments may utilize existing tree credits when calculating the required number of parking lot trees, as required in § 1652:7E(11) �-165-202.01411), if the preserved trees are shown on an approved site plan and serve the intent of interior and perimeter landscaping. The following table shows the credit given for each preserved tree, based on the tree's caliper: § 165-37. Buffer and screening requirements (NEW 165-203.02) D. Zoning district buffers. (3) Whenever land is to be developed in the 131 (Neighborhood Business) or B2 (Business, General) Zoning District that is adjacent to land primarily used for residential use in the RA (Rural Areas) Zoning District, a B Category buffer shall be provided on the land to be developed. The Board of Supervisors may grant waiver to reduce the required buffer distance requirements with the consent of the adjacent (affected) property owners. Should a waiver be granted by the Board of Supervisors, the distance requirements of ATTACHMENT 2 § 165 37-1)(1)(x' 165-203.02D(1)(a) may be reduced, provided the full screening requirements of this section are met. (5) Whenever land is to be developed in the MS Zoning District that is adjacent to land primarily used for residential purposes in the RA (Rural Areas) Zoning District, a C Category buffer shall be provided on the land to be developed. Whenever land is to be developed in the MS Zoning District that is adjacent to all other land zoned RA (Rural Areas) Zoning District, the requirements for buffer and screening shall be provided in accordance with § ''fit 165-402.07 of this chapter. (9) Proposed developments required to provide buffers and screening as determined by § 165 371)( )(b 165-203.02D(1)(b) of this chapter may be permitted to establish a common shared buffer and screening easement with the adjoining property. The common shared buffer and screening easement shall include all components of a full screen which shall be clearly indicated on a site design plan. A legal agreement signed by all appropriate property owners shall be provided to the Department of Planning and Development and shall be maintained with the approved site design plan. This agreement shall describe the location of the required buffer within each property, the number and type of the plantings to be provided and a statement regarding the maintenance responsibility for this easement. The required buffer distance may be reduced by 50% for a common shared buffer easement if existing vegetation achieves the functions of a full screen. (11) Whenever land is to be developed in the 131, B2, B3, OM, M1 or M2 Zoning District that is adjacent to a railroad right-of-way that has property zoned 131, B2, B3, OM, M1 or M2 on the opposite side, zoning district buffers shall not be required. In the event that residential uses are located on the opposite side of the railroad right-of-way, a zoning district buffer as required by § 165 3:71) 165-203.02D shall be provided. In the event that a zoning district buffer is required, the width of the railroad right-of-way may be counted towards the required zoning district buffer distance. E. Road efficiency buffers. (2) All road efficiency buffers shall begin at the edge of the road right-of-way, with the inactive portion abutting the road right-of-way. All required elements of the full -distance buffer or the reduced -distance buffer identified in § , 65�.) 165-203.02E(3) shall be located within the inactive portion of the road efficiency buffer. The inactive portion of the road efficiency buffer is permitted to count towards the required percentage of common open space; however, no portion of a residential lot shall be located within the inactive portion of the road efficiency buffer. The active portion of the road efficiency buffer may be permitted to be located within a residential lot, provided that the primary structure is not located within the buffer area. Accessory structures may be located within the active portion of the road efficiency buffer, provided that the structures meet all applicable setback requirements. Access roads serving as the primary means of vehicular travel to residential subdivisions are permitted to traverse road efficiency buffers. § 165-44. Self-service storage facilities. (NEW 165-204.18 Storage facilities, self-service) �. Recreational vehicles and boats shall be permitted to be stored within completely enclosed areas of the self- service storage facility, provided that the storage area is separate from the parking areas and travel aisles and is depicted on the approved site development plan. Areas utilized for the purpose shall be exempt from the surface requirements specified under §'5 449165-204.188. ATTACHMENT 2 § 165-48.2. Truck or fleet maintenance facilities and truck rental and leasing facilities, without drivers.(NEW 165- 204.2i) F. The Planning Commission may require additional buffers and screening other than those defined in § 14-9- -37-165-203.02 of this chapter. § 165-48.6. Commercial telecommunication facilities. (NEW 165-204.19 Telecommunication facilities, commercial) The intent of this section is to ensure that the siting of commercial telecommunication facilities occurs through the conditional use permit public hearing process defined in Article 444 1 of this chapter. Commercial telecommunication facilities that locate on existing structures and towers shall be exempt from the conditional use permit requirement. The siting of commercial telecommunication facilities is permitted within the zoning districts specified in this chapter, provided that residential properties, land use patterns, scenic areas and properties of significant historic value are not negatively impacted. A. Information required as part of the conditional use permit application shall include, but not be limited to, the following: (4) An affidavit signed by the landowner stating that he/she is aware that he/she may be held responsible for the removal of the commercial telecommunications facility as stated in § , 4�-"�(7) 165-204.198(7). B. The following standards shall apply to any property in which a commercial telecommunication facility is sited, in order to promote orderly economic development and mitigate the negative impacts to adjoining properties. (1) The Planning Commission may reduce the required setback distance for commercial telecommunication facilities as required by § 165 'moi) 165-204.198(8) of this chapter if it can be demonstrated that the location is of equal or lesser impact. When a reduced setback is requested for a distance less than the height of the tower, a certified Virginia engineer shall provide verification to the Planning Commission that the tower is designed, and will be constructed, in a manner that if the tower collapses for any reason the collapsed tower will be contained in an area around the tower with a radius equal to or lesser than the setback, measured from the center line of the base of the tower. In no case shall be setback distance be reduced to less than % the distance of the tower height. Commercial telecommunication facilities affixed to existing structures shall be exempt from setback requirements, provided that they are located no closer to the adjoining property line than the existing structure. ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS Part 401— RA Rural Areas District § 165-50. Permitted uses. (NEW 165-401.02) V. Signs allowed in § 165 § 165-52. Permitted residential density; exception (NEW 165-401.04) ATTACHMENT 2 B. Exception to permitted density. On lots containing between seven and ten acres which were lots of record prior to the adoption of this article, lots of two or more acres may be created despite the density limit of one unit per five acres, provided that they meet the requirements of § 16=5-54B 165-401.068 of this chapter. Within subdivisions utilizing rural preservation lots, the forty -percent parcel shall not count against the permitted density of the parent tract. § 165-55. Setback requirements. (NEW 165-401.07) B. Rural preservation lots. The minimum setbacks from rural preservation lot lines which adjoin other rural preservation lots shall be as set out below. Side and rear setbacks from rural preservation lot lines which adjoin any parcel other than another rural preservation lot shall be determined by § 165 5SA,) 165-401.07A(2) of this chapter. Part 402 — RP Residential Performance District § 165-59. Permitted uses. (NEW 165-402.02) A. All uses shall be developed in accordance with an approved master development plan unless otherwise waived under Article X -V-4 VIII of this chapter. B. Structures are to be erected or land used for one or more of the following uses: (13) Signs allowed in § 165 06165-201.068. j 165-63. Open space requirements. (NEW 165-402.07) D. The minimum required open space percentages provided in § ,563A 165-402.07A of this chapter may be reduced for residential developments which provide for active recreational areas and amenities, upon the granting of an open space waiver issued by the Board of Supervisors. In no case shall the required open space (per § 165 63A 165-402.07A) be reduced more than 50% for single-family detached housing types (excluding single-family small lot), and no more than 25% for all other residential housing types and mixtures. Active recreational areas and amenities shall be incorporated within the development's common open space and be for the use of and maintained by the subject development's property owner's association. The active recreational area and amenity value shall be equivalent to the value of four recreational units for each 30 dwelling units. The active recreational area and amenity value and design shall be approved by the Subdivision Administrator in conjunction with the Director of Parks and Recreation. These open space active recreational areas and amenities shall be in addition to the recreational facilities identified in § x.6-5-64165-402.08. The gross density requirements as required in §§ 1 G� 165-402.05 and 165 .1 165-402.06 shall not be exceeded through the reduction of common open space. Requests for an open space reduction waiver would be considered by the Board of Supervisors during the master development plan process. Acceptance of the reduced open space request will be based on the quality of the open space and the recreational amenities provided. § 165-64. Recreation facilities. (NEW 165-402.08) A. Housing types with lot sizes of less than 5,000 square feet shall provide the following recreational units or equivalent recreational facilities, for each 30 dwelling units. All such developments shall contain at least one such recreational unit. In addition, developments containing single-family small lot housing shall provide a community center that provides for the equivalent of three age-appropriate recreational units for each 30 ATTACHMENT 2 dwelling units. The facilities shall be in a configuration and location that is easily accessible to the dwelling units that they are designed to serve. The design and amount of facilities shall be approved by the Planning Commission, in conjunction with the Administrator and the Department of Parks and Recreation, using the following recreational unit as a guideline. The design of such facilities shall be approved at the time of site plan review. (1) The Board of Supervisors may provide a waiver for the community center requirement specified in § 46-5- 64A 165402.08A in single-family small lot subdivisions that contain less than 25 lots. This waiver may be requested by the applicant during the consideration of the subdivision design plan if no master development plan is required. The applicant is required to demonstrate how an equivalent recreational value of three recreational units for each 30 dwelling units, prorated, is being provided within the project, to the County, or a combination of both as a condition of requesting approval of a waiver by the Board of Supervisors. ARTICLE V PLANNED DEVELOPMENT DISTRICTS Part 501— R4 Residential Planned Community District § 165.68. Rezoning procedure. (NEW 165-501.02) In order to have land rezoned to the R4 District, a master development plan, meeting all requirements of Article XV -N -I Vlll of this chapter, shall be submitted with the rezoning application. The rezoning shall be reviewed and approves' following the rezoning procedures described by this chapter, including procedures for impact analysis and conditional zoning. In adopting the rezoning, the master development plan submitted will be accepted as a condition proffered for the rezoning. The master development plan review procedures described by Article XV -N -VIII must also be completed concurrently with or following the consideration of the rezoning. § 165-72. Design requirements. (NEW 165-501.06) G. Buffers and screening. (1) Buffers and screening shall be provided between various uses and housing types as if the uses were located in the RP, B1, B2 or M1 Zoning District according to the uses allowed in those districts. Buffers and screening shall be provided accordingly as specified in § 365 3:7 165-203.02 of this chapter. Road efficiency buffers shall be provided according to the requirements of that section. In addition, along the perimeter boundary of the Residential Planned Community District, buffers and screens shall be provided in relation to adjoining properties as if the uses in the planned community were located in the RP, B1, B2 and M1 Zoning Districts. K. Stormwater management. The requirements of § 1 L� 165-201.09 of this chapter shall apply to the total planned community development. ATTACHMENT 2 ARTICLE Vill DC Ree.i.iential__Renreat-GRal r -pa- .rr...r.Ct.. Distr:..t ARTICLE V PLANNED DEVELOPMENT DISTRICTS Part 502 — R5 Residential Recreational Community District § 165-75. Rezoning procedure. (NEW 165-502.03) In order to have land rezoned to the R5 Residential Recreation Community District, a master development plan, meeting all requirements of Article XVIII -VIII of this chapter, shall be submitted with the rezoning application. The rezoning shall be reviewed and approved following the rezoning procedures described by this chapter, including procedures for impact analysis and conditional zoning. In adopting the rezoning, the master development plan submitted may be accepted as a condition proffered for the rezoning. The master plan review procedures described by Article XVI# Vlll must also be completed concurrently with or following the consideration of the rezoning. § 165-77. Design requirements. (NEW 165-502.05) B. Dimensional requirements. (3) Existing lots. The Zoning Administrator may allow reduced yard setbacks on existing lots of record, by a distance of up to 254 of the required setback, where topography or other environmental constraints create a hardship. To be considered a hardship, all conditions specified in § 165 165-1001.02C(5) of the Frederick County Zoning Ordinance must be met. _. Vehicle storage areas shall not exceed eight acres in size, shall be screened from view of any public street or adjoining residential property by a category B buffer utilizing at a minimum a landscape screen and shall comply with the requirements of § 165 35A 165-203.02 of this chapter. G. Recreational facilities. One recreational unit or equivalent recreations facilities shall be provided for each 30 dwelling units. The facilities shall be in a configuration and location that is easily accessible to the dwelling units that they are designed to serve. The design and amount of facilities shall be approved by the Planning Commission in conjunction with the Director of Planning and the Development of Parks and Recreation. When the single-family small lot housing type is used, the requirements of § 165 64A 165-402.08A, Recreational facilities, shall be met. H. Buffers and screening. Buffers and screening shall be provided between various uses and housing types as if the uses were located in the RP, B1 or B2 Zoning District according to the uses allowed in those districts. Buffers and screening shall be provided accordingly as specified in § 1 G� 165-203.02 of this chapter. Road efficiency buffers shall be provided according to the requirements of that section. In addition, along the perimeter boundary of the Residential Recreational Community District, buffers and screens shall be provided in relation to adjoining properties as if the uses in the planned community were located in the RP, B1 and B2 Zoning Districts. The Planning Commission may allow alternative methods for achieving buffer and screening requirements and may waive the interior residential screening and road efficiency buffer requirements in age -restricted communities. 14. Stormwater management. The requirements of § 1G� 165-201.09 of this chapter shall apply to the total residential recreational community development. ATTACHMENT 2 Q. Property owners' association. A single property owners' association shall be provided for all phases of a recreational community development according to the requirements of § 165-34165-201.11 of this chapter. R. Environmental protection. Upon recommendation of the Planning Commission, the Board of Supervisors may allow waivers of, or variations to, the environmental requirements of § 165-31 165-201.08 of this chapter in residential recreational communities. Such waivers shall be shown on the master development plan. In such cases, the environmental features and their function shall be preserved to the greatest extent possible. ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS Part 403 — MH1 Mobile Home Community District § 165-79. Permitted uses. N. Signs allowed in §165 3014165-201.06B. § 165-81. Mobile home parks and subdivisions. B. Common areas. All mobile home parks and subdivision shall have a common area of at least 4,000 square feet in area. In addition, at least 15% of the total gross area of all mobile home parks or subdivision shall be in common areas. There shall be at least 50 square feet of common area for each dwelling unit. (2) Recreation facilities. All mobile home parks and subdivision shall contain at least one recreational un" as described by § 165-64165-402.08 of this chapter. This recreational unit shall be intended to meet the needs of 30 dwelling units. One recreational unit shall be provided for each 30 dwelling units. The design and amount of recreational facilities shall be approved by the Administrator and the Department of Parks and Recreation at the time of site plan review. ARTICLE VI BUSINESS AND INDUSTRIAL ZONING DISTRICTS Part 602 — B1 Neighborhood Business District § 165-82. District use regulations. A. Neighborhood Business District. Allowed Uses Signs allowed in §165-0-165-201.068. B. B2 Business General District. Allowed Uses Signs allowed in §'5'0;3165-201.068. C. B3 Industrial Transition District. Allowed Uses Signs allowed in § 165 30B 165-201.068. ATTACHMENT 2 D. Office -Manufacturing (OM) Park District. (1) Permitted Uses Signs allowed in § 165-09 =OT3V�iVJ LVI.VVL7. (2) Secondary or accessory uses. The following uses shall be permitted by right in the OM Park District but only in conjunction with and secondary to a permitted principal use in accordance with § 165 26. 165-201.05. E. M1 -Light Industrial District. Allowed Uses Signs allowed in § 165 3013 165-201.068. ARTICLE VI BUSINESS AND INDUSTRIAL ZONING DISTRICTS Part 608 — EM Extractive Manufacturing District § 165-85. Permitted uses. (New 165-608.02) L. Signs allowed in § 1v5 3013. 165-101.068. Part 609 — HE Higher Education District § 165-92. Permitted uses. (NEW 165-609.02) F. Signs allowed in § 165-30B. 165-201.066. § 165-94. Buffers and screening. (NEW 165-609.04) A. The Planning Commission may require distance buffers, as defined in § 165-3;ZA 165-203.02A of this chapter, on lots which abut land in any residential district or land in other zoning districts which are predominantly residential in nature. The size of the distance 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 3713 165- 203.028 of this chapter, to separate uses in this district from adjoining residential uses and to achieve the intentions of this chapter. ARTIQ rm X111 ARTICLE V PLANNED DEVELOPMENT DISTRICTS Part 504 — MS Medical Support District § 165-97. Permitted uses. (NEW 165-504.02) A. All land uses shall be developed in accordance with an approved master development plan that meets the criteria in Article XVI+1-VIII of this chapter. ATTACHMENT 2 B. Structures are to be erected or land used for one or more of the identified uses. The permitted uses are identified by Standard Industrial Classification. All uses described by Standard Industrial Classification ar allowed only if the major group, industry group number, or industry number general group titles are used. (4) Manufacturing and wholesaling support services (a) All permitted manufacturing and wholesaling support services shall meet the flex - tech performance standards as identified in §' 6Cz 5 48.7C 165-204.06C of this chapter. § 165-98. District area, floor -to -area ratios and residential gross densities. (NEW 165-504.03) A. All parcels that are zoned MS (Medical Support) District shall contain a minimum of 20 acres. These parcels shall be required to receive approval of a master development plan which meets all applicable requirements of Article I VIII of this chapter. D. Hospitals, office buildings, conference/events centers, wellness centers, and all land use permitted under §165- 97-13(1}165-504.028(1), Educational support services, shall be allowed to develop a maximum floor -to -area ratio (FAR) of two. The maximum FAR shall be based on the total site area for a master -planned MS (Medical Support) District development that is to be developed as one parcel, or for the total site area of individual parcels in the development that are subdivided for development purposes. E. All permitted land uses other than those described in §165 98D 165-504.03D providing support services to this district shall be allowed to develop a maximum floor -to -area ratio (FAR) of one. The maximum FAR shall b - determined as described in § 165 98D 165-504.03D. F. The overall gross densities for permitted land uses identified in §'6.) 165-504.028(5) shall be calculated as described under this subsection: § 165-100. Structured and parking lot setback regulations. (NEW 165-504.05) C. Residential housing units within a Continuing Care Retirement Community to include single-family small lot, duplex and multiplex shall have a minimum building spacing of 10 feet between units and no building can be within 50' of the perimeter boundary of the development provided that all requirements of §165 10165- 504.07 have been satisfied. D. All permitted support services and related residential land uses other than those described in §165�G 165- 504.05C are not proposed to have minimum side or rear yard setbacks. Individual parcels which are designed to have structures placed on a side or rear property line shall be provided with a maintenance easement on the adjoining parcel that is a minimum of 10 feet in width. F. Parking lots located between the urban collector street and the building front shall be developed to include an earth berm or natural topography that is a minimum of three feet in height above the finished grade developed at a 3:1 slope. Evergreen shrubbery that is a minimum of two feet in height at the time of planting shall be provided along the apex of the berm at a rate of 25 plantings per 100 linear feet. This element shall begin at the street right-of-way and end at the beginning of the parking lot. Parking lots located between the urban loc street and the building front shall be developed to the standards set forth in § 165 27 165-202.01 of this chapter. ATTACHMENT 2 § 165-101. Height regulations. (NEW 165-504.06) The maximum structural height for hospitals, office buildings and all land use permitted under §165; 165- 504.02B(1), Educational support services, shall be 90 feet. D. Structural setbacks for all land uses permitted under 6 165 !Q!A 165-504.06A and 44-165-504.06B shall be increased one foot for every foot that the structure exceeds 35 feet in height. The increased structural setback shall be measured as follows: E. A clear zone void of structures, signage, vegetation and berms shall be established in areas determined by the Fire Marshall to ensure appropriate emergency access for all land uses permitted under § 1650A -165- 504.06A and 165 101B 165-504.068. These identified areas shall begin at a distance of 25 feet from the structure and shall have a minimum width of 20 feet. An easement shall be obtained on adjoining properties to establish required clear zone areas if they cannot be provided on the individual lot proposed for development. § 165-102. Open spaces, landscaped area and buffer and screening regulations. (NEW 165-504.07) B. All open space areas shall be landscaped to provide for a grass cover and vegetative elements as required under § , 657E(1:1) 165-202.01E(11), Parking lot landscaping, and § 165-X7 165-203.02. Buffers and screening, of this chapter. Minimum standards for required vegetative elements include two-inch caliper trees and three-foot shrubs at the time of planting. Stormwater management facilities and landscaped parking lot raised islands shall be permitted to be calculated as part of the overall open space percentage. C. Buffer and screening requirements for the MS (Medical Support) District shall include: (1) Master development planned area that is to be developed as one parcel. (a) A fifty -foot perimeter buffer from all adjoining parcels. The first 25 feet of this buffer area, measured from the adjoining property line, shall provide vegetative plantings, including a single row of evergreen trees on ten -foot centers that are a minimum of four feet at the time of planting, and a single row of deciduous trees spaced 30 feet apart that have a minimum two-inch caliper at the time of planting. An earth berm that is four feet in height and constructed on a 3:1 slope shall be provided in addition to the vegetative plantings if the primary use of the adjoining property is residential. Parking and maneuvering areas may be established within the remainder of the buffer area, provided that all requirements of § 1601) 165-202.OIE(11), Parking lot landscaping, are met. (b) A fifty -foot internal separation buffer between all support service land uses and related residential land uses meeting the vegetative planting and earth berm requirements specified in § 4-5- 11 r»r�T165-504.07C(1)(a) of this article. (2) Master development planned area that is to be developed as individual parcels. (a) Buffer and screening requirements between all land uses which are not contained within the same categories identified in §165 97-B 165-504.028 of this article. (b) All land uses required to provide buffers and screening internal to the MS (Medical Support) District shall meet the requirements of a B Category buffer as described in § 165-37 165-203.02 of this chapter; as well as all other applicable provisions of this section. ATTACHMENT 2 (3) All parcels within the MS (Medical Support) District which adjoin parcels that are utilized for agricultural activities shall provide the following buffers: (a) A one -hundred foot buffer adjacent to a parcel whose primary use is agriculture. Agricultural Ian(, use shall be considered to be any parcel zoned RA (Rural Areas) District whose primary use is not residential or orchard. A twenty -foot landscaped easement, measured from the adjoining property line, shall be provided which contains a single row of evergreen trees on ten -foot centers that are a minimum of four feet at the time of planting and an earth berm that is three feet in height and constructed on a 3:1 slope. Parking and maneuvering areas may be established within the remainder of the buffer area, provided that all requirements of § 16� 27E(11) 165-202.01E(11), Parking lot landscaping, are met. (b) A two -hundred -foot buffer adjacent to a parcel whose primary use is orchard. A forty -foot landscaped easement, measured from the adjoining property line, shall be provided which contains a double row of evergreen trees on ten -foot centers that are a minimum of four feet at the time of planting and an earth berm that is six feet in height and constructed on a 3:1 slope. Parking and maneuvering areas may be established within the remainder of the buffer area, provided that all requirements of §' 165-27E(II) Parking lot landscaping, are met. (4) A road efficiency buffer meeting the requirements § 165-371=165-203.02 E of this chapter shall be provided for all related residential land uses permitted in 165 9 6;r165-504.028(5) of this article. § 165-103. Sign regulations. (NEW 165-504.08) A. Permitted Signage (2) Signs allowed in §165-30B 165-201.068. C. All wall -mounted signs shall conform to §165 165-201.06H(1) of the Frederick County Zoning Ordinance. D. Sign setbacks shall conform to §165- 0E 165-201.06E of the Frederick County Zoning Ordinance and sign spacing shall conform to §16=9 30F 165-201.O6F of the Frederick County Zoning Ordinance. un N-ste..o. Area QueFly ;,..,e ARTICLE VII OVERLAY DISTRICTS Part 703 — HA Historic Area Overlay Zone § 165-123. Establishing overlay boundaries. (NEW 165-703.02) HA Zones may be created by amending the Zoning Chapter as provided for in Article +4 l of this chapter. Following a public hearing, the Historic Resources Advisory Board (HRAB) may initiate a proposal to the Planning Commission and the Board of Supervisors for amendments, including the establishment of HA Zones and the revision of existing HA Zones. A proposal for such amendment(s) may also be submitted by residents of an area that wish it to be designated an historic area. Agri r, ARTICLE VII OVERLAY DISTRICTS Part 704 - IA Interstate Area Overlay District § 165-127. Intent. (NEW 165-704.01) ATTACHMENT 2 The IA Interstate Area Overlay District is intended to provide commercial businesses within an identified area the ability to utilize business signs that are in excess of the limits specified in § X39165-201.06 of this chapter. This flexibility is provided to inform the traveling public of business service opportunities at specific interstate interchange areas. The standards within this article are designed to allow for additional visibility for commercial businesses while minimizing negative impacts to view sheds, the traveling public and residential properties that are adjacent to or within the proximity of the overlay district. Established boundaries are based on reasonable sight distances and policies set forth in the Comprehensive Plan and are intended to designate each interstate interchange area and provide guidance for considering the addition of subsequent properties. § 165-129. Establishment of district. (NEW 165-704.03) A. The Frederick County Board of Supervisors may apply the Interstate Area Overlay District to properties within the proximity of interstate interchange areas upon concluding that: (3) The property has met the requirements of Articled / of this chapter, as well as the requirements of § 15.2- 2286 of the Code of Virginia 1950, as amended. § 165-130. Qualifying criteria. (NEW 165-704.04) A. On property that is delineated on the Official Zoning Map as being part of the Interstate Area Overlay District, the following uses shall be authorized to erect a commercial business sign that complies with the requirements of § 165-131 165-704.05 of this article. Such commercial business signs complying with the requirements of § 16=5 131 165-704.05 of this article shall hereinafter be referred to as interstate overlay signs. B. Qualifying uses specified under § !65-130 A 165-704.04A that are authorized on property through the issuance of a conditional use permit in the RA Rural Areas District may be entitled to erect an interstate overlay sign that is of a greater height and size than is permitted in the underlying zoning district, provided that the property has met the requirements of Article III of this chapter, the business sign complies with the requirements of § 165 165- 704.05 of this article and the qualifying use is located on property that is delineated on the Official Zoning Map as being part of the Interstate Area Overlay District. § 165-131. District regulations. (NEW 165-704.05) D. Setback requirements. (3) The Planning Commission may waive any portion of the setback described in § 165-131 165-704.05D(2) if it can be demonstrated that the setback requirement cannot be met due to the irregular size or shape of the parcel. ATTACHMENT 2 Spacing requirements. The spacing requirements between an interstate overlay sign and signs in the underlying zoning district(s) shall comply with the requirements in § 1 Gz65 3O; 165-201.06F of this chapter and shall meet all other applicable spacing requirements. H. Maintenance and permits. (1) All signs that are erected in the Interstate Area Overlay District shall meet the maintenance and permit requirements as specified in § , c� 165-201.06K and § 165-30 165-201.06L of this chapter. ARTIQ Cy1911A TNDS (Traditional Neighh..rheed Design-B...•ineSS) 0VerlaV Dis%riff ARTICLE VII OVERLAY DISTRICTS Part 705 — TNDB Traditional Neighborhood Design -Business Overlay District § 165-131.1. Intent. (NEW 165-705.01) The TNDB (Traditional Neighborhood Design -Business) Overlay District provides parcels within the County's Urban Development Area (UDA), or parcels located in areas identified as a potential urban center or neighborhood village in the Comprehensive Plan which are located within the Sewer and Water Service Area, the ability to utilize traditional neighborhood design criteria that are different from the criteria specified in §§ 165 82 and 16S-83 ARTICLE VI of this chapter. Parcels within this district should be located along major roadways and prominent road intersections that are located in close proximity to existing or planned residential areas. § 165-131.3. Establishment of districts. (NEW 165-705.03) A. The Frederick County Board of Supervisors may apply the TNDB (Traditional Neighborhood Design -Business) Overlay District, following the procedures of Article tl / of this chapter, to 131 Neighborhood Business District and B2 Business General District properties of less than 20 acres, upon concluding that: § 165-131.4. Use, density, dimensional and intensity regulations. (NEW 165-705.04) E. All other dimensional and intensity requirements of § x.3165-601.01 and 165-601.02of this chapter shall apply. § 165-131.5. Off-street parking: parking lots. (NEW 165-705.05) Off-street parking shall be provided on each lot or parcel on which any use is established according to the requirements of this section A. Required parking spaces. (3) Required parking spaces for commercial uses shall be in accordance with § 1 G� 165-202.01 of this chapter. The Zoning Administrator may allow some variation in the standards for required parking for the commercial uses based on detailed parking demand studies provided by the applicant. (4) On -street parking can be counted towards meeting the required parking in § 1 G� 165-202.01 of this chapter provided such parking is located within 400 feet of the subject principal use. ATTACHMENT 2 C. All other regulations concerning off-street parking and parking lots shall be as required in § 165 27 165-202.01 of this chapter. s 165-131.6. Design Standards. (NEW 165-705.06) G. Buffers and screening requirements shall be provided on each lot or parcel on which any use is established according to the requirements of this section. (1) Buffers and screening requirements shall be provided as required in § 165-37165-203.02 of this chapter for the underlying zoning district. Any residential dwelling units shall be treated as commercial floor space solely for the purpose of buffers and screening requirements. Zoning district buffers shall not be required along any existing road rights-of-way which border the development. The Board of Supervisors may grant a waiver to reduce the required buffer distance requirements with the consent of the adjacent (affected) property owners. Should a waiver be granted, the distance requirements of § $645-17 165-203.02 may be reduced, provided the full screening requirements of the section are met. H. Street trees. One street tree shall be provided for every 30 feet of street frontage. Street trees shall be planted no more than ten feet from rights-of-way. Acceptable trees shall be based on the list of street trees included in § 145- �t6g 165-203.018 of this chapter. Street trees shall be a minimum of three-inch caliper at the time of planting. § 165-131.7. Master Development Plan (MDP). (NEW 165-705.07) A. The Director of Planning and Development may waive the requirements of a master development plan in the TNDB (Traditional Neighborhood Design -Business) Overlay District for sites less than ten acres in accordance with § 1&5- 134C 165-801.03C(2) through (6) of this chapter. The Director of Planning and Development may also waive the requirements of a master development plan in the TNDB (Traditional Neighborhood Design -Business) Overlay District provided that a proffer statement, accepted by the Board of Supervisors, associated with the development contains a plan which shows: B. All other regulations concerning master development plans shall be as required in Article XVIII Wil of this chapter. § 165-131.8. Signage. (NEW 165-705.08) E. All other sign regulations shall be as required in § 1 C� 165-201.06 of this chapter for the underlying zoning district. ARTICLE VIII DEVELOPMENT PLANS AND APPROVALS Part 801— Master Development Plans § 165-134. Waivers. (NEW 165-801.03) C. 131, B2, B3 and HE Districts. The Director of Planning and Development may waive the requirement of a master development plan in the B1 Neighborhood Business, B2 Business General, B3 Industrial Transition or HE Higher Education Zoning Districts if the proposed subdivision or development: (1) Contains less than five acres in the B1 District and less than 10 acres in the B2, B3 or 84 HE District; § 165-141. Contents of preliminary master development plans. (NEW 165-801.10) ATTACHMENT 2 B. Contents of a preliminary master development plan in the Residential Performance District, the Residential Planned Community District, the Residential Recreational Community District and the Mobile Home Community District. The preliminary MDP shall contain a conceptual plan, showing the location and functional relationshi between all proposed housing types and land uses, including the following information: (11) The proposed location, arrangement, and right-of-way widths of roads and streets, including roads and streets providing access to adjoining parcels, shall be in accordance with § 165-48.9165-202.04. C. Contents of a preliminary master development plan in the M1 Light Industrial District, the M2 Industrial General District, the EM Extractive Manufacturing District, the HE Higher Education District, the 131 Neighborhood Business District, the B2 Business General District, the B3 Industrial Transition District, e�F-the OM Office - Manufacturing Park District and the MS (Medical Support) District. The preliminary MDP shall contain a conceptual plan, showing the location and functional relationship between streets and land uses, including the following: § 165-142. Final master development plans. (NEW 165-801.11) A. The final MDP shall conform with the requirements in § 165-135 165-801.04 through 165-141 165-801.10. ARTI X -ARTICLE IX Nonconforming Uses, Structures and Signs Part 901- Nonconforming Uses, Structures and Signs. § 165-151. Expansion and modifications. (NEW 165-901.04) C. All legally nonconforming uses and structures not specified in § 165 151rA. 165-9O1.O4A or § 'iii 165- 901.048 may expand or modify one time if the expansion or modification does not increase the degree of nonconformity, and does not result in an overall expansion of more than 2,000 square feet or 50%. Measurements shall be based on gross floor area for structures and total land area for uses. Legally nonconforming residential structures may expand beyond 2,000 square feet of 50% if the expansion or modification does not increase the degree of nonconformity. The Zoning Administrator may allow the expansion of legally nonconforming structures and the construction of new structures with the same setback of the existing legally nonconforming structure, provided that all other conditions of the Frederick County Zoning Ordinance are met. E. A legally nonconforming use or structure that is located within the floodplain districts may be expanded one time, provided that they meet the conditions set forth in this article as well as Article XVLARTICLE VII, A. 3�-5-116 165-702.19, of this chapter. _ ADTVsrARTICLE X Board of Zoning Appeals Part 1001- Board of Zoning Appeals § 165-155. Powers and duties. C. Variances. (7) When considering a variance application located within the floodplain districts, additional factors contained in Article XV, § 165 12 ARTICLE VII, § 165-702.18, must be followed. ATTACHMENT 2 ins. ARTICLE I GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS Part 101— General Provisions § 165-156. Definitions and word usage. (NEW 165-101.02) COMMON OPEN SPACE — Land that is used for recreational purposes, environmental resource protection, buffer areas, stormwater management areas and passive areas that are dedicated to the residents of a development for use and maintenance, and is protected to ensure that it remains in such uses, unless utilized under the provisions of §'5 63A 165-402.07A of this chapter. SIGN, INTERSTATE OVERLAY—An on -premise business sign located within the Interstate Area Overlay District meeting all requirements of Article XV44 VII, Part 704 of this chapter. CHAPTER 144 -SUBDIVISION OF LAND REVISIONS RESULTING FROM THE RECODIFICATION OF CHAPTER 165 -ZONING ARTICLE II DEFINITIONS §144-1. Definitions and word usage ATTACHMENT 2 COMMON OPEN SPACE — Land that is used for recreational purposes, environmental resource protection, buffer areas, stormwater management areas and passive areas that are dedicated to the residents of a development for use and maintenance, and is protected to ensure that it remains in such uses, unless utilized under the provisions of § !65-63A 165-402.07A of this Chapter 165, Zoning. MASTER DEVELOPMENT PLAN —A general plan depicting the development of a parcel or parcels in accordance with the requirements of ArticleXVElt Vlll of the Chapter 165, Zoning. ARTICLE IV Subdivision Review Procedures § 144.10. Master development plan. Unless specifically waived or exempted under Article XV111—Vli, § 14 165-801.03, of Chapter 165, Zoning, all subdivision of land shall require an approved master development plan. The master development plan shall conform with all requirements of Chapter 165, Zoning, Article XV44 Vld, of the Frederick County Code. 3 144.15. Minor rural subdivisions. Three copies of final plats for a minor rural subdivision shall be submitted to the Subdivision Administrator for review and approval. Preliminary sketch review and subdivision design plan review are not required for minor rural subdivisions. A. In the case of divisions created under the provisions of § 165.546 165-401.068, Family division lots, of Chapter 165, Zoning, of the Frederick County Code, an affidavit with the notarized signature of the grantor must be provided. The affidavit shall state to whom the lot will be conveyed, the relationship of the grantor to the grantee and the grantors understanding of § 165-54o 165-401.068, Family division lots, of Chapter 165, Zoning, of the Frederick County Code and § 15.2-2244 of the Code of Virginia 1950, as amended. ARTICLE V Design Standards § 144.17. Streets. F. Motor vehicle access. (1) All new lots created on collector or arterial roads shall meet the requirements regarding minimum driveway spacing as specified in Article W !l of Chapter 165, Zoning. Any lot created that cannot meet the requirements of the Chapter 165, Zoning, shall provide easements for shared access that will be reviewed for approval at the subdivision design plan or final plat review stage. ATTACHMENT 2 § 144.31. Rural subdivisions. The requirements of this section shall apply to all subdivisions of land zoned RA (Rural Areas) under Article V IV c' Chapter 165, Zoning, of the Frederick County Code. B. Major rural subdivisions. (1) Any subdivision which results in a cumulative total of more than three lots being divided from a single parent parcel within the RA (Rural Areas) Zone shall be considered a major rural subdivision. Lots described in § 1:65-54B 165-401.06B, Family division lots; and § 165-54C, Agricultural lots, of Chapter 165, Zoning, of the Frederick County Code, shall not count toward this three -lot limit. Prior to review and approval of final plats for such divisions, a preliminary sketch plan must be reviewed and approved by the Zoning Administrator. C. Minor rural subdivisions. (1) The division of the following types of lots is permitted under the regulations for minor rural subdivision: (a) Lots described by § 16=5 549165-401.06B, Family division lots; and § 165-54C, Agricultural lots, of Chapter 165, Zoning, of the Frederick County Code. (b) Lots described in § 165-54A 165-401.06A Traditional five -acre lots, and § 165- 54D 165- 401.06D, Rural preservation lots, provided that a total of no more than three such lots may be created from any one parcel under these regulations. ARTICLE VI Plan Requirements § 144.37. Final plats. Z. An indication of the portion of the allowable density from the parent tract, (as determined by § 1G� 165- 401.04, Permitted residential density; exception, of Chapter 165 of the Frederick County Code) which is to be allocated to each parcel resulting from the subdivision. [Added 6-9-1993] § 144.39. Minor rural subdivisions. (S) A statement indicating the portion of the allowable density of the parent tract (as determined by § i65- 4 165-401.04, Permitted residential density; exception, of Chapter 165 of the Frederick County Code) which is to be allocated to each parcel resulting from the subdivision. Chapter 165 ZONING ARTICLE I General Provisions § 165-1. Intent; purpose. § 165-2. Scope; applicability. § 165-3. Zoning districts and Zoning § 165-16. Map. § 165-4. Administration and § 165-26. interpretation. § 165-5. Compliance required; § 165-13. required permits. § 165-6. Violations and penalties; § 165-29. enforcement. § 165-7. Disclosure of ownership. ARTICLE 11 Amendments § 165-8. Initiation. § 165-9. Applications. § 165-10. Planning Commission public § 165-16. hearing. § 165-11. Board of Supervisors public § 165-26. hearing. § 165-12. Impact analyses. § 165-13. Conditional rezoning. ARTICLE III Conditional Use Permits § 165-1.4. Consideration; approval or § 165-23. disapproval. § 165-15. Standards. § 165-16. Conditions. § 165-17. Application and approval § 165-26. procedures. § 165-18. Fees. § 165-19. § 165-20. § 165-21. Zoning Ordinance Supplements Included 87, 88, 89, 90, 91, 92, and 93 Updated 2/15/09 Site plans. Changes in use. Revocation. ARTICLE IV Supplementary Use Regulations § 165-22. Scope. § 165-23. Setback requirements. § 165-24. Height limitations; exceptions. § 165-25. Lot requirements. § 165-26. Secondary or accessory uses. § 165-27. Off-street parking; parking lots. § 165-28. Loading areas. § 165-29. Motor vehicle access. § 165-30. Signs. § 165-31. Protection of environmental features. § 165-32. Stormwater management. § 165-33. Outdoor storage and processing. § 165-34. Property owners' associations. § 165-35. Nuisances. § 165-36. Landscaping requirements. § 165-37. Buffer and screening requirements. § 165-38. Shopping centers, office parks and industrial parks. § 165-39. Campgrounds and tourist camps. § 165-40. Outdoor shooting ranges. § 165-41. Kennels. 165:1 02-15-2009 FREDERICK COUNTY CODE § 165-42. Operation of § 165-53. slaughterhouses and § 165-54. rendering plants. § 165-43. Motor vehicle service uses § 165-56. and public garages. § 165-44. Self-service storage facilities. § 165-45. Temporary trailers. § 165-46. Sewage treatment facilities. § 165-47. Landfills, ,junkyards, trash § 165-66. disposal and inoperable vehicles. § 165-48. Car washes. § 165-48.1. Restaurants. § 165-48.2. Truck or fleet maintenance facilities and truck rental and leasing facilities, without drivers. § 165-48.3. Electrical, hardware, plumbing and heating equipment businesses (SIC 506 and 507). § 165-48.4. Commercial batting cages operated outdoors. § 165-48.5. Adult care residences, assisted living care facilities and convalescent or nursing homes. § 165-48.6. Commercial telecommunication facilities. § 165-48.7. Flex -tech uses. § 165-48.8. Humanitarian aid organizational office. § 165-48.9. Streets: Inter -parcel connectors. § 165-48.10. Government services office. § 165-48.11. Grocery and food stores. ARTICLE V RA Rural Areas District § 165-49. Purpose and intent. § 1.65-50. Permitted uses. § 165-51. Conditional uses. § 165-52. Permitted residential ARTICLE VI RP Residential Performance District § 165-58. density; exception. § 165-53. Minimum lot size. § 165-54. Permitted lot sizes. § 165-55. Setback requirements. § 165-56. Minimum width; maximum § 165-62.1. depth. § 165-57. Height restriction. ARTICLE VI RP Residential Performance District § 165-58. Intent. § 165-59. Permitted uses. § 165-60. Conditional uses. § 165-61. Number of uses restricted. § 165-62. Gross density. § 165-62.1. Multifamily housing. § 165-63. Open space requirements. § 165-64. Recreation facilities. § 165-65. Dimensional requirements. § 165-66. Phased development. ARTICLE VII R4 Residential PIanned Community District § 165-67. Intent. § 165-68. Rezoning procedure. § 165-69. Permitted uses. § 165-70. Conditional uses. § 165-71. Mixture of housing types required. § 165-72. Design requirements. 165:2 02-15-2009 ZONING ARTICLE VIII R5 Residential Recreational Community District § 165-73. Intent. § 165-74. Master development plan. § 165-75. Rezoning procedure. § 165-76. Permitted uses. § 165-77. Design requirements. ARTICLE IX MHl Mobile Home Community District § 165-78. Intent. § 165-79. Permitted uses. § 165-80. Conditional uses. § 165-81. Mobile home parks and § 165-88. subdivisions. ARTICLE X Business and Industrial Zoning Districts § 165-82. District use regulations. § 165-83. Dimensional and intensity requirements. ARTICLE XI EM Extractive Manufacturing District § 165-84. Intent. § 165-85. Permitted uses. § 165-86. Performance standards. § 165-87. Landscaping. § 165-88. Setback and yard § 165-99. requirements. § 165-89. Height limitations. § 165-90. Additional requirements. ARTICLE XII HE Higher Education District § 165-91. Intent. § 165-92. Permitted uses. § 165-93. Yard requirements. § 165-94. Buffers and screening. § 165-95. Height limitations. ARTICLE XIII MS (Medical Support) District § 165-96. Intent. § 165-97. Permitted uses. § 165-98. District area, floor -to -area § 165-107. ratios and residential gross § 165-108. densities. § 165-99. Access regulations. § 165-100. Structure and ,narking lot setback regulations. § 165-101. Height regulations. § 165-102. Open space, landscaped overlay concept. area, and buffer and Flood Boundary and screening regulations. § 165-103. Sign regulations. ARTICLE XIV API Airport District § 165-104. Intent. § 165-105. Airport safety zones. § 165-106. Height limitations. § 165-107. Use restrictions. § 165-108. Noise. § 165-109. Nonconforming uses. § 165-110. Appeals. ARTICLE XV FP Floodplain Districts § 165-111. Basis for delineation; overlay concept. § 165-112. Flood Boundary and Floodway Map. 165:3 08 -15-2008 FREDERICK COUNTY CODE § 165-113. District boundary changes. § 165-131.2. District boundaries. § 165-114. Use limitations; required § 165-131.3. Establishment of districts. approvals. § 165-131.4. Use, density, dimensional § 165-115. Floodway District and intensity regulations. development prohibitions. § 165-131.5. Off-street parking; parking § 165-116. Existing structures. lots. § 165-117. Permitted uses. § 165-131.6. Design standards. § 165-118. Conditional uses. § 165-131.7. Master Development Plan § 165-119. Flood -Fringe and (MDP). Approximated Floodplain § 165-131.8. Signage. Districts. § 165-120. Design criteria for utilities ARTICLE XVIII and facilities. Master Development Plan § 165-121. Factors to be considered in § 165-132. Intent. granting variances. 165-133. When required. ARTICLE XVI § 165-134. Waivers. HA Historic Area Overlay Zone § 165-135. Review conference. § 165-136. Preapplication conference. § 165-122. Intent. § 165-137. Preliminary master § 165-123. Establishing overlay development plan. boundaries. § 165-138. Final master development § 165-124. Criteria for determining plan. historic significance. § 165-139. Changes to approved plans. § 165-125. General regulations. § 165-140. Preliminary master § 165-126. Administration. development plan submission. ARTICLE XVII § 165-141. Contents of preliminary IA Interstate Area Overlay District master development plans. § 165-127. Intent. § 165-142. Final master development plans. § 165-128. District boundaries. § 165-143. Master development plan § 165-129. Establishment of districts. review fees. § 165-130. Qualifying criteria. § 165-131. District regulations. ARTICLE XIX Site Plans ARTICLE XVIIA TNDB (Traditional Neighborhood § 165-144. Activities requiring site Design -Business) Overlay District plans. § 165-131.1. Intent. 165:4 08 - IS . 2008 ZONING § 165-145. Site plan applications; review. § 165-146. Site plan contents. § 165-147. Required improvements. ARTICLE XX Nonconforming Uses, Structures and Signs § 165-148. Continuation of preexisting 165:4.1 OR- is - 2008 uses, structures, and signs. § 165-149. Discontinuance. § 165-150. Reestablishing discontinued legally nonconforming use. § 165-151. Expansion and modifications. § 165-152. Legally nonconforming lots of record. 165:4.1 OR- is - 2008 § 165-1 ZONTG § 165-153. Restoration or replacement. ARTICLE XM Board of Zoning Appeals § 165-154. Appointment; organization; terms. § 165-155. 'Powers and duties. §.165-2 ARTICLE )= ' Definitions § 165-155. Definitions and word usage. Buffer and Screening Diagrams [MSTORY: Adopted by the Board of Supervisors of the County of Frederick 2-14-1990 (Ch. 21 of the 1984 Frederick County Code). Amendments noted where applicable.] Planning Commission—See Ch. 21-, Air pollution and open burning—See Ch. 45. Animals and fowl —See Ch. 4&. Building construction -See Ch. S2. Building maintenance —See Ch. 54. Erosion and sediment control—See Ch. 79. Fire prevention -See Ch. 90. - GENERk T PETE r LACES Junk dealers and pawnbrokers —See CIL 104. Massage parlors and health clubs —See Ch. in - Nuisances — See Ch. 122. Solid waste —See Ch. 142. Subdivision of land — See Ch. 144. Swimming pools — See Ch. 152_ Water and sewers — See Ch- 161. ARTICLE I General Provisions § 165-1. Intent; purpose. [Amended 11-1272003] This chapter is intended to promote. the health, safety and general welfare of the public and the orderly development of Frederick.. County.. This chapter is intended to accomplish the purposes listed in § .15.2-2200 of. the Code of Virginia, as amended. In addition, it is intended that this chapter provide one means to achieve the goals set forth in the Frederick County Comprehensive Plan. § 165-2. Scope; applicability. This chapter shall establish regulations concerning the use of land, the dimensions of lots and uses and other supplementary development regulations to achieve the intentions of this chapter. This chapter establishes districts throughout the County and regulations applicable to each district. A. In all districts established by this chapter, any new lot, use or structure. shall be constructed, developed and.used only in accordance with the regulations specified in this chapter. B. In all districts, after the effective date of this chapter, any existing lot, use or structure which is not in conformity with the regulations for the district in which it is located shall be deemed as nonconforming and subject to the regulations o of this chapter. [Amended 11-12-2003] 165:5 06-15-2007 COUNTY of FREDERICK Department of Planning and Development 540/665-5551 MEMORANDUM FAX: 540/665-6395 To: Frederick County Planning Commission From: Candice E. Perkins, AICP, Senior PlannerCq Subject: Public Hearing — Floodplain Districts Date: July 23, 2009 ■ Article XV of the Frederick County Zoning Ordinance, Floodplain Districts, is the portion of the ordinance that lays out the various floodplain districts and the uses and disturbance permitted within the various districts. The current regulations in the Zoning Ordinance are based on the Flood Insurance Study for Frederick County and Flood Boundary and Floodway Maps, dated July 17, 1978. This map is the official map of a community on which FEMA has delineated both the special hazard areas and the risk premium zones applicable to the community. FEMA has developed new Flood Insurance Rate Maps and Frederick County is required to adopt a floodplain ordinance that is compliant with the state and federal requirements. Staff has prepared revisions to the Floodplain Districts section that are in conformance with the Department of Conservation and Recreation's (DCR) model ordinance. Staff is seeking a recommendation from the Planning Commission to the Board of Supervisors on these proposed Zoning Ordinance revisions. Background As a participating community in the National Flood Insurance Program (NEIP), Frederick County is responsible for making sure that its floodplain management regulations meet or exceed the minimum requirements of the NFIP and the Commonwealth of Virginia. If Frederick County's floodplain ordinance does not meet the minimum requirements, the Department of Homeland Security's Federal Emergency Management Agency (FEMA) cannot offer flood insurance. In Virginia, the Department of Conservation and Recreation (DCR) is the manager of the floodplain program and designated coordinating agency of the National Flood Insurance Program. DCR has created a model floodplain zoning ordinance that has been approved by FEMA as a compliant ordinance. By September 2, 2009, FEMA is required to approve the legally enforceable floodplain management measures in Frederick County. Staff has been working with the Virginia Department of Conservation and Recreation (DCR) to revise Article XV so that it would be compliant. The revisions contained in Attachment 1 are based on the Department of Conservation and Recreation's (DCR) model floodplain ordinance. These revisions are necessary to be in conformance with the 2009 Flood Insurance Study and the Flood Insurance Rate Map for Frederick County prepared by the United States Department of Housing and Urban Development, Federal Insurance Administration, dated September 2, 2009. 107 North Rent Street, Suite 202 - Winchester, Virginia 22601-5000 Frederick County Planning Commission Re: Floodplain Districts Page 2 July 23, 2009 The revisions to the Floodplain Districts are as follows: • New sections to the ordinance including: o Purpose o Applicability o Compliance and Liability o Abrogation and Greater Restrictions o Severability o Interpretation of District Boundaries o Permit and Application Requirements o General Standards for all Special Flood Hazard Areas o Specific Standards o Standards for the Special Floodplain District o Standards for Approximated Floodplain o Standards for Subdivision Proposals o Penalties for Violations • Numerous sections were renamed • New titles for the study and maps, and new date for the map adoption (2009) • Renaming the Flood -Fringe District to the Special Floodplain District • Revisions to the Floodway District development prohibitions section • New and revised definitions The item was presented to the Development Review and Regulations Committee (DRRC) at their meeting on June 25, 2009. The DRRC endorsed the changes and recommended it be sent to the Planning Commission for discussion. The Planning Commission discussed this item at their meeting on July 15, 2009 and forwarded it to the Board of Supervisors for discussion. The Board of Supervisors discussed this item at their meeting on July 22, 2009. The Board requested that the Permit and Application Requirements section be clarified and also requested information on enforcement of the ordinance and penalties. The Board of Supervisors approved the ordinance amendment to be sent to public hearing. The attached documents show the existing ordinances with the proposed changes supported by the DRRC and the Planning Commission (with strikethroughs for text eliminated, red for text added, blue for staff notations) as well as changes to address the Board of Supervisors comments. 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 red and deletions are shown with a strikethrough. 2. Clean FP Ordinance 3. Correspondence from FEMA CEP/bad 0 0 DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT New Text Existing Text in Black Deleted Text in St gh Staff )Notes in Blue ARTICLE XV FP Floodplain Districts Purpose The pMose of these provisions are to prevent the loss of life and property, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood pction and relief, and the impairment of the tax base bv. A. Regulating uses, activities, and develoT Ment which, alone or M. combination with other existing or future uses activities and jevelopment, will cause unacceptable increases in flood heights, velocities, and frequencies. B. Restricting or prohibiting cert�3ir uses activities_ and develo ment from locatin within districts subject to flooding; C. Requiring all those uses, activities, and developments that do occur in flood -prone districts to be protected and/or flood -proofed against flooding and flood damage, and D. Protecting individuals from buying land and structures which are unsuited for intended purposes because of flood hazards. ApplicabiliM These irQyisions shall ah ly to all lands within the jurisdiction of Frederick County and identified as being in n the 100 -rear floodplain by the Federal Insurance Administration Compliance and Li abilite A. No land shall _hereafter be developed and no structure shall be located, relocated, constructed, remistructod enlarged, or structurally altered except in full compliance with the terms and provisions of this chapter and any other applicable regulations which apply to uses within the jurisdiction of this chapter, B. The degree of flood protection sought by the provisions of this chapter is considered reasonable for regulatoryumoses and is based on acceptable engineering methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes, such as ice Jams and bridge openings restricted by debris. This chapter does not imply that districts outside the floodplain district or that land uses permitted within such district, will be free from flooding or flood damages DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT C. Records of actions associated with administering this chapter shall be kept on file and maintained by the Frederick County Zoning Administrator. D. This chapter shall not create liability on the part of Frederick County or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. Abrogation and Greater Restrictions This chapter supersedes any ordinance currently in effect iii blood -prone districts. However, any underlying ordinance shall remain in full force and eff:ca w the extent that its provisions are more restrictive than this chapter. Severability If any section subsection, paragraph sentence clause or phrase of this charter shall be declared invalid for any reason whatever, such decision shall not aff- ;ct the remainin<_=_,portions of this chapter. The remaining portions shall rl-main in full forcc and effect,• and for this purpose, the provisions of this chapter are hereby declared to be severable, §465444.-. Description of Districts A. Basis of districts. The various floodplain districts shall include areas subject to inundation by waters of the one -hundred -year flood. The basis for the delineation of these districts shall be the Flood Insurance Rate Maps (FIRM)for Frederick County prepared by the federal L--giergency _ Management Agency, Federal Insurance Administration, dated S tember Z, 2O}9, as �,rnended. (1) The Floodway District is delineated for purposes of this article using the criteria that certain areas within the floodplain must be capable of carrying the waters of the one -hundred i 100 - ear flood without increasing the water surface elevation of that flood more than one (D foot at any point. The areas included in this District are specifically defined in Table 2 of the above -referenced Flood Insurance Study and shown on the accompanying Flood Boundary and Floodway Map or Flooci b-isurance Rate Maps. (2) The Flood Fringe n' + + shall be that are of he one ht iu yeaf fleedplain + ' 1 ,a a in the Fleea-, ay Dist—riet. The Special Floodplain District shall be those areas identified as an AE Zone on the maps accompanying the Flood Insurance Study_ for which one hundred (100) -year flood elevations have been provided. The basis for the outermost boundary of this district shall be the one - hundred -year flood elevations contained in the flood profiles of the above - referenced Flood Insurance Study and shown on the accompanying Flood Boundary and Floodway Map. Flood Insurance Rate Maps. E DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT (3) The Approximated Floodplain District shall be those areas identified as an A Zone on the maps accompanying the Flood Insurance Studies floodplain. that floodpi ndafy has b rr �i...uted. In these zones, no detailed flood profiles or elevations are provided but the one hundred (100) -year floodplain boundary has been approximated Sueh afeasafe shovffi on the Flood insufanee Rate Maps (as pr-epafed by the United States- Depaftfflefft of Housing in detefmining the neeessafy elevations zof the ptffposes—of this eIeot her soufees of data may be used sueh as: [Amended 8 12 19921 (a) Corps of Efigineefs floodplain ifffbfination fepofts-. (e) United States TIepaftmenroi Agrrcaittrre, Soil Consefvalion Sen e ,E—rovd hazafd analyses. (d) KnowE high watef marks ffam past floods. (E)-- Other sottrc-es *The above sections removed from this portion and moved to Staaidards for Approximated Floodplain B. Overlay concept. (1) The floodplain districts described above shall be overlays to the existing underlying districts as shown on the Official Zoning Ordinance Maps, and as such, the provisions for the floodplain districts shall serve as a supplement to the underlying district provisions. (2) Where there happens to be any conflict between the provisions or requirements of any of the floodplain districts and those of any underlying district, those pertaining to the floodplain districts shall apply. (3) In the event that any provision concerning a floodplain district is declared inapplicable as a result of any legislative or administrative actions or judicial discretion, the basic underlying district provisions shall remain applicable. § 165 112. Flood Boundary and Flood way Map. -Flood Insurance Rate Map. The boundaries of the S_p(cial' flood Hazard Area and Floodplain Districts are established as shown on the Flood Boundary and Floodway Map Flood Insurance Rate Map which are by reference made a part of this aftiele. chapter and which shall be kept on file at the Frederick County offices. § 165 113. District boundary changes. The delineation of any of the floodplain districts may be revised by Frederick County where natural or man-made changes have occurred and/or more detailed studies conducted or undertaken by the United States Army Corps of Engineers or other qualified agency or individual 3 DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT a____W +: +L- 1, change. 7 a b TTn� avar r�rinr to any Cllr.h rhanuP. annrnval Yllllst uocuiuen ln1 llll. 11%.AAJJJ1t�' 1V1 JUVll vii n e .: e r er n �n nn be obtained from the Federal Insurance Administration. Interpretation of District Boundaries Initial interpretations of the boundaries of the Floodplain Districts shall be made by the Zonin Administrator. Should a dispute arise concerning the boundaries of qny of the Districts the Board of Zoning Appeals shall make the necessga determination. The person questioning or contesting the location of the District boundary shall be given a reasonable opportunity to present his case to the Board and to submit his own technical evidence i i' he so desires. Permit and Application Requirements A. Permit Requirement. All development an�;�_.`or construction aknivities occurring within any floodplain district shall be undertaken, only upon the is&pnce of a permit. Such development shall be undertaken only itt strict compliance with the provisions of this chapter and with all other applicable cp6es and regulations, as amended, such as the Virginia Uniform Statewide Building Code (VA USBC). the Frederick County Zoning and Subdivision Ordinances and the Erosion azul Sediment Control Ordinance. Prior to the issuance of any such permit, the Zoning Admiii trator shall require all applications to include compliance with all a�licable state and fedetal, laws. Under no circumstances shall any use, activity, and/or development adversely al•f'c0t the capacity of the channels or floodways of ails° ,,Watercourse, daiin_ag_e diitc_E�. c,r any othq drainage facility or system. 1. In circumstances where a permit is not required, all development and/or construction activities occurring within any floodplain district shall be undertaken only Lapon gpp . val by the Zoning Administrator. B. .,l oration or Relocation of a Watercourse.._ Prior to M proposed alteration or relocation of any channel or of any watercourse within this jurisdiction a permit shall be obtained from the U. S. Army Corps of Fn ineers the Virginia Department of Environmental ualiLvand the Virginia Marine Resources Commission a joint permit application is any available from anof; these organizations). Further notification of the proposal shall be given to all adjacent jurisdictions the Division of Dam Safety and Floodplain Management (Department of Conservation and Recreation and the Federal Insurance Administration. C. Site Plans and Permit Applications. Alla lications for development within an floodplain district and all building permits issued for the floodplain shall incorporate the following information: 1. The elevation of the Base Flood at the site. 2. The elevation of the lowest floor (including basement). DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT 3. For structures to be flood -proofed (non-residential only), the elevation to which the structure will be flood -proofed. 4. The elevation of the one -hundred -year flood. 5. To o ra hic information showing existing and proposed ground elevations. General Standards for all Special Flood Hazard Areas. In all special flood hazard areas the following provisions sha11 a , t�lv: A. New construction and substantial improvements Shall [)e accordinW to the VA USBC and anchored to prevent flotation collapse or lateral movement of the structure. B. Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement. Methods of anchorin ma ; in elude, but are not limited to, use of over -the -ton or frame ties to ground anchors. This standard shall be in addition to and consistent with aqpplicable state requirements for resisting wit_id_forceti. C. New construction and substantial improvements s'_.all be constructed with materials and utility equipment resistant to flood damage. D. New construction or substantial improvemG �t Shall be constructed by methods and practices that minimize flood damage. E. Electrical, heating. ventilation, plurnbinr._aair conditioning equipment and other service facilities. including duct_ work shill be designed and/or located so as to prevent water from_ente imZ or accuniLdating withtj7 tt1le components onents durin conditions of hooding. F. IN w and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood NEaters into to system. G. New and replacement samtqa sewage systems shall be designed to minimize or eliminate infiltration of flood waten, into the systems and discharges from the systems into flood waters. H. On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during floodin . Any alteration, repair, reconstruction or improvements to a building that is in compliance with the provisions of this chapter shall meet the requirements of "new construction" as contained in this chapter. Any alteration, repair, reconstruction or improvements to a building that is not in compliance with the provisions of this chapter, shall be undertaken only if said non- DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT conformity is not furthered extended or replaced. K. Prior to apy proposed alteration or relocation of any channels or of any watercourse, stream, etc., within this jurisdiction, a permit shall be obtained from the U. S. Cors of Engineers, the Virginia Department of Environmental Quality, and the Virginia Marine Resources Commission. Furthermore, notification of the proposal shall be given by the applicant to all affected adjacent jurisdictions, the Department of Conservation and Recreation Division of Dam Safe and Floodplain Management) and the Federal Insurance Administration. L. The flood carrying capacity within an altered ov relocated portion of any watercourse shall be maintained. Specific Standards In all special flood hazard areas where base flood elevations have been provided in the Flood Insurance Study or generated according to Stani-lards for r the Floodway- District - A), the following provisions shall apply: A. Residential Construction New construction_ .or _ substantial iqj rp ovenio," of any residential structure manufactured homeO shall have the lowest floor. includinp, basement elevated no lower than one (1) foot above thl- base flood clev_�won. B. Non -Residential Construction Ne", construction or stibstantial my ,rovement of any commercial, industrial, or non- residential building (or a ufactured home shall have the lowest floor, including basement, elevated to no w,{der than one 1 foot above the base flood elevation. Buildings located in all _. A. andAE zones may be flood -proofed in lieu of being elevated provided that all areas (-,i' the building coMonents below the elevation corresponding to the BFE pJus one foot are water tight with walls substantially impermeable to the passage of water, and t'ise structi. iral components havingthe ca abilit of resistinghydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. C. Elevated Buildings Enclosed areas of new construction or substantially improved structures which are below the regulatory flood protection elevation shall: 1. Not be designed or used for human habitation but shall only be used for parking of vehicles building access or limited storage of maintenance equipment used in DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT connection with the premises. Access to the enclosed area shall be the minimum necessary to allow for parking of _vehicles (garage door) or limited storage of maintenance equipment Lstandard exterior door) or entry to the living area(stairway or elevator). 2. Be constructed entirely of flood resistant materials below the regulator_ flood protection elevation; 3. Include, in Zones A, AO, and AE, measures to automatically equalize hydrostatic flood forces on walls b__ allowing for the entry ancl exit of floodwaters. To meet this requirement, the openings must either be ceniticd by a -Professional engineer or architect or meet the following_ minimum design Cll ma:. a. Provide a minimum of two open n_gT on different ;ides of each enclosed area subject to flooding. b. The total net area of all opening, miust be at least one (1) square inch for each square foot of enclosed area subject to flooding. c. If a building has more than one enclosed area, each area must have.o]2enings to allow floodwaters to automatically enter and exit. d. The bottom of all required openings shall 1?; no hialier than one 1 foot above the adjacent grade. e. Openings Vinay be equipped with screens, louvers, or other opening coverings or devices, provided __they permit tlic automatic flow of floodwaters in both directions. £ Foundation ciielosures_znade of flexible skirting are not considered enclosures for regulatory purposes, and.,. therefore do not require openings. Maso or wood underpinning, regardless of structural status, is considered an enclosure and rMuires openings. as outlined above. D. Standards for Manufactured Homes and Recreational Vehicles 1. All manufactured homes placed, or substantially improved, on., individual lots or parcels, in expansions to existing„manufactured home parks or subdivisions, in a new manufactured home park or subdivision or in an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as the result of a flood must meet all the requirements for new construction including the elevation and anchoring requirements in (General Standards for all Special Flood Hazard Areas A -B, and Specific Standards A). 2. All manufactured homes placed or substantially improved in an existing DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT manufactured home park or subdivision in which a manufactured home has not incurred substantial damage as the result of a flood shall elevated so that either a. The lowest floor of the manufactured home is elevated no lower than one (1) foot above the base flood elevation; or b. The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade c. And be securely anchored to the adequately anchored foundation system to resist flotation, collapse and lateral movement. 3. All recreational vehicles placed on sites must either: a. be on the site for fewer than 180 consecutive days; b. be fullv licensed and readv for Highway use (a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached_ to the site only y Quick disconnect type utilities and security devices and has no permanently attached additions)-, or. c. Meet all the requirements for manufactured homes in Specific Standards - D). Standards for the Floodwav District The following provisions shall amply within the Floodway District: A. Encroachments, including fill, new construction, substantial improvements or other development, shall be prohihiled unless certification (with supporting technical data) by rostered professional engineer is prop ided demonstrating that encroachments shall not result in anincrease in flood Levels during occurrence of the base flood. Dex7elopment activities which increase the water surface elevation of the base flood ma_he allowed, provided that the developer first applies, with the Frederick County's endorsem_ ent for a conditional Flood Insurance Rate MqP and floodway revision and receives the aa2proval .ol` the Federal Emergency Management Agency. The following uses shall also be ermitted in the Floodwav District: i. Agricultural uses, such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming and wild crop harvesting. ii. Public and private recreational uses and activities, such as parks, day camps, picnic grounds, golf courses, boat launching and swimming areas, hiking and horseback riding trails, wildlife and natural preserves, game farms, fish hatcheries, trap and skeet game ranges and hunting and fishing areas. iii. Accessory residential uses, such as yard areas, gardens, play areas and pervious loading areas. N DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT B. If Section (Standards for Approximated Floodplain A) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this chapter. C. The placement of manufactured homes mobile homes is prohibited, except in an existing manufactured home (mobile home) park or subdivision. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided the anchoring, elevation, and encroachment standards are met. D. In the Floodway District, the following uses shall only be permitted with a conditional use permit: 1. Accessory industrial and commercial uses, such as yard areas, pervious parking and loading areas, airport landing strips, etc. 2. Utilities and public facilities and improvements, such as railroads, streets, bridges, transmission lines, pipelines, water and sewage treatment plants and other similar or related uses. 3. Other similar uses and activities, provided that they cause no increase in flood heights and/or velocities. All uses, activities and structural developments shall be undertaken in strict compliance with the floodproofing provisions contained in all other applicable codes and regulations. Standards for the Special Floodplain District The following provisions shall apply within the Special Floodplain District: Until a regulatory floodway is designated, no new construction substantial improvements, or other develot?mentincludim,-fi_llj__shalI he permitted within the areas of special flood hazard designated ,is Zones A and AF__on the Flood. Tnsurance Rate Ma unless it is demonstrated that the cumulative effect of: thheMrop Lsed development when combined with all other existing and anticipated development wil l not incre se the water surface elevation of the base flood more than one foot at -lN, i)oint within Frederick Count Development activities in Zones . and AE, on the Frederick County Flood Insurance Rate Map which increase the \k ater surface_ elevation of the base flood by more than one foot may be allowed rovided that the _developer or applicant first applies with Frederick County's endorsement, for a conditional Flood Insurance Rate Mgp revision and receives the approval of the Federal Emergency Management Agency. Standards for Approximated Floodplain District The following provisions shall aply with the Approximate Floodplain District: A. The Approximated Floodplain District shall be that floodplain area for which no detailed flood profiles or elevations are provided, but where a one hundred (100) -year floodplain boundary has been approximated. Such areas are shown as Zone A on the mans I DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT accoinpanying_the Flood Insurance Study. For these areas, the one hundred (100) -year flood elevations and floodway information from federal, state, and other acceptable sources shall be used when available. Where the specific one hundred (100) -year flood elevation cannot be determined for this area using other sources of data, such as the U. S. Army Corps of Engineers Floodplain Information Reports U. S. Geological Survey Flood -Prone Quadrangles etc then the applicant for the proposed use development and/or activity shall determine this elevation in accordance with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualif cations, who shall certify that the technical methods used correctly reflect eurrentl-accehtzd technical concepts. Studies, analyses computations etc shall be submitted in sufficient detail to allow a thorough review by the Frederick County Engineer. B. When such base flood elevation data is_ Itilfzed, the lowest floor shall be one (1) foot above the base flood elevation. During tl'je;_permitting process, the developer or applicant shall obtain: 1) The elevation of the lowest floor (inctudjnt_, the basement► of all new and substantially improved structures; and, 2) If the structure has been floc]-priit f(� �_ in accordarce with the requirements of this article the elevation to which the structure has been fc1od-proofed. Standards for Subdi`-isign Proposa?s A. All subdivision prcgosals shall be consistent with the need to minimize flood damage; B. All subdivision proposals shall hmeZu.jlic utilities and facilities such as sewer, gas, electrical and witer swstems located and constructed to minimize flood damaize; C. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards. approvals. (Sections removed from this portion and moved to General Standards for all Special Flood Hazard Areas and Specific Standards) 10 :- :- ::- �::: :- :-M.A' 10 DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT prohibitions... :- i :- �- LLUMELFAMMM ........... • i :- , • - WMI - Jjjfjjjj_�- 'AMI (Sections removed from this portion and moved to Standards for the Floodwav District) • - :: -: :- i :- § 165 116. Existing . (Relocated near the end) §65 "'. Permitted uses. (Sections removed from this portion and moved to Standards for the Floodway District) 11 DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT uses.Re _ :- . mm - - jr - -Re - 11 - .. - - • § 165 118. Conditional (Sections removed from this portion and moved to Standards for the Floodway District) § 165 119. Flood Fringe and Approximated Floodplain . (Sections removed from this portion and moved to Standards for Special Floodplain and Standards for Approximated Floodplain) :- . mm - - jr - - .. - - • - M91M ' [P JMA Re § 165 119. Flood Fringe and Approximated Floodplain . (Sections removed from this portion and moved to Standards for Special Floodplain and Standards for Approximated Floodplain) Design criteria for utilities and facilities. A. New sanitary sewer facilities and private package sewage treatment plants (including all pumping stations and collector systems) are prohibited in the Floodway, Fledge Special Flood Hazard Areas and Floodplain Districts. B. Replacement sanitary sewer facilities and private package sewer treatment plants (including all pumping stations and collector systems) shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into the floodwaters. In addition, they should be located and constructed to minimize or eliminate flood damage and impairment. 12 :- . mm - - jr Design criteria for utilities and facilities. A. New sanitary sewer facilities and private package sewage treatment plants (including all pumping stations and collector systems) are prohibited in the Floodway, Fledge Special Flood Hazard Areas and Floodplain Districts. B. Replacement sanitary sewer facilities and private package sewer treatment plants (including all pumping stations and collector systems) shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into the floodwaters. In addition, they should be located and constructed to minimize or eliminate flood damage and impairment. 12 DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT C. All new or replacement water facilities shall be designed to minimize or eliminate infiltration of floodwaters into the systems and be located and constructed to minimize or eliminate flood damages. D. All storm drainage facilities shall be designed to convey the flow of surface waters without damage to persons or property. The systems shall ensure drainage away from building and on-site waste disposal sites. The Board of Supervisors may require a primarily underground system to accommodate frequent floods and a secondary surface system to accommodate larger, less frequent floods. Drainage plans shall be consistent with local and regional drainage plans. The facilities shall be designed to prevent the discharge of excess runoff onto adjacent properties. E. All utilities, such as gaslines, electrical and telephone systems, being placed in flood - prone areas should be elevated (where possible) and constructed to minimize the change of impairment during a flooding occurrence. § 165-121. Factors to be considered in granting variances. (Added 8-12-19921 A. In passing upon applications for variances, the Board of Zoning Appeals shall satisfy all relevant factors and procedures specified in other sections of this chapter and consider the following additional factors: (1) The danger to life and property due to increased flood heights or velocities caused by encroachments. No variance shall be granted for any proposed use, development or activity within any Floodway District that will cause any increase in the one -hundred -year flood elevation. (2) The danger that materials may be swept on to other lands or downstream to the injury of others. (3) The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions. (q) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners. (5) The importance of the services provided by the proposed facility to the community. (6) The requirements of the facility for a waterfront location. (7) The availability of alternative locations not subject to flooding for the proposed use. (8) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. (9) The relationship of the proposed use to the Comprehensive Plan and floodplain management program for the area. (10) The safety of access by ordinary and emergency vehicles to the property in time of flood. (11) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters expected at the site. 13 DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT 1111-- LL L. 'a,.� f h7,, t t nrn tin that th 11G� 111G repair or re11aU111Lat vi historic structures upon a det,..u�ria�ivn that uie proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. (13) Such other factors which are relevant to the purposes of this article. B. The Board of Zoning Appeals may refer any application and accompanying documentation pertaining to any request for a variance to the County Engineer for technical assistance in evaluating the proposed project in relation to flood heights and velocities, and the adequacy of the plans for flood protection and other related matters. C. Variances shall be issued only after the Board of Zoning Appeals has determined that the granting of such will not result in unacceptable or prohibited increases in flood heights, additional threats to public safety or extraordinary public expense; and will not create nuisances, cause fraud or victimization of the public or conflict with local laws or ordinances. D. Variances shall be issued only after the Board of Zoning Appeals has determined that -a the variance will be the minimum required to provide relief f em any hardship t„ t�,o E. The Board of Zoning Appeals shall notify the applicant for a variance, in writing, that the issuance of a variance to construct a structure below the one -hundred -year flood elevation increases the risks to life and property and will result in increased premium rates for flood insurance. F. A record shall be maintained of the above notification as well as all variance actions, including justification for the issuance of the variances. Any variances which are issued shall be noted in the annual or biennial report submitted to the Federal Insurance Administrator. Existing Structures in Floodplain Areas. A structure or use of a structure or premises which lawfully existed before the enactment of these provisions, but which is not in conformity with these provisions, may be continued subject to the following conditions: A. Existing structures in the Floodway Area shall not be expanded or enlarged unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practices that the proposed expansion would not result in any increase in the base flood elevation. B. Any modification, alteration, repair, reconstruction, or improvement of any kind to a structure and/or use located in any flood plain areas to an extent or amount of less than fifty (50) percent of its market value shall be elevated and/of floodpFoofed to the gfeales extent pessible conform to the VA USBC. F] DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT C. The modification, alteration, repair, reconstruction, or improvement of any kind to a structure and/or use, regardless of its location in a floodplain area to an extent or amount of fifty (50) percent or more of its market value shall be undertaken only in full compliance with Beilding G this chapter and shall require the entire structure to conform to the VA USBC. Penalties for Violations. A. Any person who fails to comply with any of the requirements or provisions of this article or directions of the Zoning Administrator or aviv authorized employee of Frederick County shall be guilty of a misdemeanor and subject to the penalties outlined in §165- 101.08 of this Chapter. B. In addition to the above penalties, alL other actions are herebv reserved including an action in equity for the proper enforcement of this article. The irn osition of a fine or penalty for any violation of, or noncompliance with, this article shall not excuse the violation or noncompliance or hermit it to continue,- and all such persons shall be required to correct or remedy such violations_ or noncomoliances within a reasonable time Any structure constructed, reconstructed, enlarged, altered or relocated in noncompliance with this article may be declared by Frederick County to be_a _public nuisance and abated as such. Flood insurai7c_e may be withheld fromstructures constructed in violation of this article. ARTICLE XXII Definitions §165-156. Definitions and word usage. [Amended 11-13-1991] BASE FLOOD or ONE HUNDRED YEAR PLAN A flood 9 every 100 years (i.e., that has a one per-een4 ehange ef eceuffing eaeh.7 -a , Yeaf). [Added 8 12 19921 The flood having a one percent chance of beinP equaled or exceeded in any given year. BASE FLOOD ELEVATION (BFE) — The Federal Emergency Management Agency designated one - hundred -year surface water elevation(pitts one fbeo BASEMENT - Any area of the building having its floor sub -grade (below ground level) on all sides DEVELOPMENT— Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling ,)perations or storage of equipment or materials. [Amended 8-12-1992] 15 DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT ELEVATED BUILDING - A non -basement building built to have the lowest floor elevated above the round level by means of fill solid foundation perimeter walls pilings, or columns(posts and piers). ENCROACHMENT - With respect to a floodplain an encroachment shall be the advance or infringement of uses, plant growth, fill excavation buildings permanent structures or development into a floodplain which may mpede or alter the flow capacity of a floodplain. FLOOD OR FLOODING 1. A general or temporary condition of partial or compiete inundation of normally dry land areas from a. the overflow of inland or tidal waters; or, b. the unusual and rapid accumulation or runoff of surface waters from any source. 2. The collapse or subsistence of land alone the e shore of a lake or other body of water as a result of erosion or undermining caused by waYes or ourrents of water exceeding anticipated cyclical levels or suddenly caused by an unusitally high water level in a natural body of water, accompanied by a severe storm. or by an unanticipated j_ yqe of nature such as flash flood or an abnormal tidal sur e. or by some similarly unusual and unforeseeable event which results in flooding as defined in p�tragraph 1 (a) of this definition. 3. Mudflows which are proximately._ causedbby flooding as defined in paragraph (a)(2) of this definition and are akin to a riverg liquid ap7 flowing, mud on the surfaces of normally dry land areas, as A,hen earth is carried by, a current of crater and deposited alongpath of the _current. FLOOD INSURA`(E RATE MAI' (_FIRMS=_ official map of a community on which the Federal Insurance Administrator_ has delineated both the special hazard areas and the risk premium zones applicable to the community. FLOOD INSURANCE STUDY (F S) — Ari examination, evaluation and determination of flood hazards and, if appropriate, corresponding_ water surface elevations, or an examination evaluation and determination of mudflow and/or flood -related erosion hazards. FLOODPLAIN OR FLOOD -PRONE AREA - Any land area susceptible to being inundated by water from any source. FLOODPROOFING — Any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities structures and their contents. HE., DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT FLOOD WAY — The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. [Added 5-12-1992] FREEBOARD - A factor of safety usually expressed in feet above_ a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a_ selected size flood and floodway conditions, such as wave action, bridge openings, and the hN drolo Tical effect of urbanization in the watershed. HIGHEST ADJACENT GRADE — The highestnattiral elevation of the ground surface prior to construction next to the proposed walls of a structure. HISTORIC STRUCTURE - Any structure that is 1. listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarLly d s,termined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register 2. certified or preliminarily_ determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; 3. individually listed on a shite inventory of historic places In states with historic preservation programs which haveLeen approved bv the Secretary of the Interior; or, 4. individuallyted on a local invoric preservation programs that have been certified either a. by an approved state program as determined by the Secretary of the Interior• or b. directly y the Secretary of the interior in states without approved programs LOWEST FLOOR - The lowest floor of the lowest enclosed area (including basement) An unfinished or flood -resistant enclosure, usable solely for parking of vehicles building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non -elevation design requirements of Federal Code 44CFR §60.3. MOBILE OR MANUFACTURED HOME — A structure, transportable in one or more sections, which in travel mode is eight body feet or more in width or 40 body feet or more in length, or when erected on 17 DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT site, is 320 or more square feet and which is built in a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities. [Amended 8- 11-1993] MOBILE OR MANUFACTURED HOME PARK OR SUBDIV"SION - A parcel (or contiguous parcels) of land or a subdivision divided into two or more manufactured home lots for rent or sale. RECREATIONAL VEHICLE — A vehicle which is: [Added 8-12-19921 A. Built on a single chassis; B. Four hundred square feet or less when measured at the largest horizontal projection; C. Designed to be self-propelled or permanently towable by a light-duty truck; and D. Designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational camping, travel or seasonal use. NEW CONSTRUCTION - For the purposes of deternfining insuratiLe ratesstructures for which the , "start of construction" commenced on or after the effecti� e date of an initial Flood Insurance Rate Map on or after December 31, 1974. vdiichever is later. and includes aLiy subsequent improvements to such structures. For floodplain mangggment-prposes, ne«y construction means structures for which start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes anysubseguept improvements to such structures. SPECIAL FLOOD IIAZARD AREA - _The land in the floodplain subject to a one (1%)percent or greater chance of'being flooded in any gien year as determined in Section X (Official Zoning START OF CONSTRUCTION - The date the, building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation. addition placement, substantial improvement or other improvement was within "'180 days of the _ permit date The actual start means either the first placement of permanent construction of a. structure on a site such as the pouring of slab or footings, the installation of piles the construction of columns. or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing grading and filling; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement the actual start of the construction means the first alteration of any wall, ceiling floor, or other structural part of a building whether or not that alteration affects the external dimensions of the building. STRUCTURE — For floodplain management purposes a walled and roofed building including aag s or liquid storage tank that is principally above ground as well as a manufactured home. Structure, for insurance rating purposes means a walled and roofed building other than a gas or liquid storage tank, WOR DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT that is principally above gro�,�nd and affixed to a perm—a—ent site, as 11 n � ,l t �. ��. ..,� � �..,, u� �ve.� as u manufactured home on a permanent foundation. For the latter purpose, the term includes a building while in the course of construction, alteration or repair, but does not include building materials or supplies intended for use in such construction, alteration or repair, unless such materials or supplies are within an enclosed building on the premises. SUBSTANTIAL DAMAGE — Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before -damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred. [Added 8-12-1992] SUBSTANTIAL IMPROVEMENT — Any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage regardless of the actual repair work performed. The term does not, however, include either any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or any alteration of an historic structure, provided that the alteration will not preclude the structures continued designation as an historic structure. [Added 8-12-19921 WATERCOURSE - A lake, river, creek, strearT. wash, channel or other topographic feature on or over vhich waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. • • J DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT ARTICLE VII OVERLAY DISTRICTS Part 702 - FP Floodplain Districts § 165-702.01. Purpose. The purpose of these provisions are to prevent the loss of life and property, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protecticd relief, and the impairment of the tax base by: A. Regulating uses, activities, and development which, alone or in combination with other existing or future uses, activities, and development, will cause unacceptable increases in flood heights, velocities, and frequencies., B. Restricting or prohibiting certain uses, activities, and development from locating within districts subject to flooding; C. Requiring all those uses, activities, and developments that do occur in flood -prone districts to be protected and/or flood -proofed against flooding and flood damage; and, D. Protecting individuals from buying land and structures which are unsuited for intended purposes because of flood hazards. § 165-702.02. Applicability. These provisions shall apply to all lands within the jurisdiction of Frederick County and identified as being in the 100 -year floodplain by the Federal Insurance Administration. § 165-702.03. Compliance and Liability. A. No land shall hereafter be developed and no structure shall be located, relocated, constructed, reconstructed, enlarged, or structurally altered except in full compliance with the terms and provisions of this chapter and any other applicable regulations which apply to uses within the jurisdiction of this chapter. B. The degree of flood protection sought by the provisions of this chapter is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This chapter does not imply that districts outside the floodplain district, or that land uses permitted within such district, will be free from flooding or flood damages. 1 DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT C. Records of actions associated with administering this chapter shall be kept on file and maintained by the Frederick County Zoning Administrator. D. This chapter shall not create liability on the part of Frederick County or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. § 165-702.04. Abrogation and Greater Restrictions. This chapter supersedes any ordinance currently in effect in flood -prone districts. However, any underlying ordinance shall remain in full force and effect to the extent that its provisions are more restrictive than this chapter. tl § 165-702.05. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this chapter shall be declared invalid for any reason whatever, such decision shall not affect the remaining portions of this chapter. The remaining portions shall remain in fill force and effect; and for this purpose, the provisions of this chapter are hereby"ciclared to be severable. § 165-702.06. Description of District . A. Basis of districts The variousfloodplain districts shall include areas subject to inundation by waters of the one -hundred -year flood. The basis for the delineation of these districts shall be the Flood Insurance Rate Maps (FIRM) for Frederick County prepared by the Federal Emergency Management Agency, Federal Insurance Administration, dated September 2, 2009, as amended. (1) The Floodway District is delineated for purposes of this article using the criteria that certain areas within the floodplain must be capable of carrying the waters of the one -hundred (100) -year flood without increasing the water surface elevation of that flood more than'00e (1) foot at any point. The areas included in this District are specifically defined in Table 2 of the above -referenced Flood Insurance Study and shown on the accompanying Flood Boundary and Floodway Map or,Flood Insurance Rate Maps. (2) The Special Floodplain District shall be those areas identified as an AE Zone on the maps accompanying the Flood Insurance Study for which one hundred (100) - year flood elevations have been provided. The basis for the outermost boundary of this district shall be the one -hundred -year flood elevations contained in the flood profiles of the above -referenced Flood Insurance Study and shown on the accompanying Flood Insurance Rate Maps. (3) The Approximated Floodplain District shall be those areas identified as an A Zone on the maps accompanying the Flood Insurance Studies. In these zones, no 2 DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT detailed flood profiles or elevations are provided, but the one hundred (100) -year floodplain boundary has been approximated. B. Overlay concept. (1) The floodplain districts described above shall be overlays to the existing underlying districts as shown on the Official Zoning Ordinance Maps, and as such, the provisions for the floodplain districts shall serve as a supplement to the underlying district provisions. (2) Where there happens to be any conflict between the provisions or requirements of any of the floodplain districts and those of any underlying district, those pertaining to the floodplain districts shall apply. (3) In the event that any provision concerning a floouplain district is declared inapplicable as a result of any legislative or administrative actions or judicial discretion, the basis underlying district provisions shall remain applicable. § 165-702.07. Flood Insurance Rate Map. The boundaries of the Special Flood Hazard Area and Floodplain Districts are established as shown on the Flood Insurance Rate Map, which are by reference made a part of this chapter and which shall be kept on file at the Frederick County offices_ § 165-702.08. District boundary changes. The delineation of any of the floodplain districts may be revised by Frederick County where natural or man-made changes have occurred and/or more detailed studies conducted or undertaken by the United. States Army Corps of Engineers or other qualified agency or individual documenting the necessity for such change. However, prior to any such change, approval must be obtained from the Federal Insurance Administration. § 165-702.09. Interpretation of District Boundaries. Initial interpretations of the boundaries of the Floodplain Districts shall be made by the Zoning Administrator. Should a dispute arise concerning the boundaries of any of the Districts, the Board of Zoning Appeals shall make the necessary determination. The person questioning or contesting the location of the District boundary shall be given a reasonable opportunity to present his case to the Board and to submit his own technical evidence if he so desires. § 165-702.10. Permit and Application Requirements. A. Permit Requirement. All development and/or construction activities occurring within any floodplain district shall be undertaken only upon the issuance of a permit. Such development shall be undertaken only in strict compliance with the provisions of this 3 DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT chapter and with all other applicable codes and regulations, as amended, such as the Virginia Uniform Statewide Building Code (VA USBC), the Frederick County Zoning and Subdivision Ordinances and the Erosion and Sediment Control Ordinance. Prior to the issuance of any such permit, the Zoning Administrator shall require all applications to include compliance with all applicable state and federal laws. Under no circumstances shall any use, activity, and/or development adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch, or any other drainage facility or system. 1. In circumstances where a pen -nit is not required, all development and/or construction activities occurring within any floodplain district small be undertaken only upon approval by the Zoning Administrator. B. Alteration or Relocation of a Watercourse_ Prior to any proposed alteration or relocation of any channel or of any watercourse within this jurisdiction, a permit shall be obtained from the U. S. Army Corps of Engineers, the Virginia Department of Environmental Quality, and the Virginia Marine Resources Commission (a joint permit application is available from any one of these organizations). Further notification of the proposal shall be given to all adjacent jurisdictions, the Division of Dam Safety and Floodplain Management (Department of Conservation and Recreation), and the Federal Insurance Administration. C. Site Plans and Pen -nit Applications. All applications for development within any floodplain district and all building permits issued for the floodplain shall incorporate the following information: 1. The elevation of the Base Flood at the; site. 2. The elevation of the lowest floor (including basement). 3. For structures to be flood-proofed(ri-residential only), the elevation to which the structure will be flood -proofed. 4. The elevation of the one -hundred -year flood. 5. Topographic information showing existing and proposed ground elevations. § 165-702.11. General Standards for all Special Flood Hazard Areas. In all special flood hazard areas the following provisions shall -apply: A. New construction and substantial improvements shall be according to the VA USBC, and anchored to prevent flotation, collapse or lateral movement of the structure. B. Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over -the -top 9 DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable state requirements for resisting wind forces. C. New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage_ D. New construction or substantial improvements shall be constructed by methods and practices that minimize flood damage. E. Electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities, including duct work, shall be designed 'and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. F. New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. G. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters. H. On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding. 1. Any alteration, repair, reconstruction or improvements too a building that is in compliance with the provisions of this chapter shall meet the requirements of "new construction" as contained in this :chapter. J. Any alteration, repair, reconstruction or improvements to a building that is not in compliance with the provisions of this chapter, shall be undertaken only if said non- conformity is not furthered, extended, or replaced. K. Prior to any proposed alteration .or relocation of any channels or of any watercourse, stream, etc., within this jurisdiction, a permit shall be obtained from the U. S. Corps of Engineers, the Virginia Department of Environmental Quality, and the Virginia Marine Resources Commission: Furthermore, notification of the proposal shall be given by the applicant to all affected adjacent jurisdictions, the Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management) and the Federal Insurance Administration. L. The flood carrying capacity within an altered or relocated portion of any watercourse shall be maintained. 5 DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT § 165-702.12. Specific Standards. In all special flood hazard areas where base flood elevations have been provided in the Flood Insurance Study or generated according to §165-702.13A, the following provisions shall apply: A. Residential Construction New construction or substantial improvement of any residential structure (including manufactured homes) shall have the lowest floor, incl g basement, elevated no lower than one (1) foot above the base flood elevation. B. Non -Residential Construction New construction or substantial improvement of any commercial, industrial, or non- residential building (or manufactured home) shall have the lowest floor, including basement, elevated to no lower than one (1) foot above the base flood elevation. Buildings located in all A, and AE zones may be flood -proofed in lieu of being elevated provided that all areas of the.building components below the elevation corresponding to the BFE plus one foot are water tight with walls substantially impermeable to the passage of water, and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. a A4i C. Elevated Buildings, ; Enclosed areas, of new constructionor; ;substantially improved structures, which are below the regulatory flood protection elevationy, shall: c 1. Not be designed or used for human habitation, but shall only be used for parking of U vehicles, building access, or limited` storage of maintenance equipment used in connection with the premises. Access to the enclosed area shall be the minimum necessary to allow, for parking . of vehicles (garage door) or limited storage of maintenance equipme> (standard exterior door), or entry to the living area (stairway or elevator)_ 2. Be constructed entirely of flood resistant materials below the regulatory flood protection elevation; 3. Include, in Zones A, AO, and AE, measures to automatically equalize hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters. To meet this requirement, the openings must either be certified by a professional engineer or architect or meet the following minimum design criteria: a. Provide a minimum of two openings on different sides of each enclosed area subject to flooding. 2 DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT b. The total net area of all openings must be at least one (1) square inch for each square foot of enclosed area subject to flooding. c. If a building has more than one enclosed area, each area must have openings to allow floodwaters to automatically enter and exit. d. The bottom of all required openings shall be no higher than one (1) foot above the adjacent grade. e. Openings may be equipped with screen, louvers, or other opening coverings or devices, provided they permit the autozlc flow of floodwaters in both directions. 'c £ Foundation enclosures made of flexible skirting are not considered enclosures for regulatory purposes, and, therefore, do not require openings. Masonry or wood underpinning, regardless of structural status; is considered'• an enclosure and requires openings as outlined above. D. Standards for Manufactured Homes and Recreational Vehicles 1. All manufactured homes placed, or substantially improved, on individual lots or parcels, in expansions to existing manufactured home parks or subdivisions, in a new manufactured home park or subdivision 'or in an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as the result of a flood, must meet all the requirements for new construction, including the elevation and anchoring requirements in § 165-702.11A through B, and § 165- 702.1 �A. 2_ All manufactured homes placed or substantially improved in an existing manufactured home park or subdivision in which a manufactured home has not incurred substantial damage as the result of a flood shall elevated so that either a. The lowest floor of the manufactured home is elevated no lower than one (1) foot above the base flood elevation; or b. The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade c. And be securely anchored to the adequately anchored foundation system to resist flotation, collapse and lateral movement. 3. All recreational vehicles placed on sites must either: a. be on the site for fewer than 180 consecutive days; 7 DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT b. be fully licensed and ready for highway use (a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions); or, c. Meet all the requirements for manufactured homes in § 165-702.12D. § 165-702.13. Standards for the Floodway District. The following provisions shall apply within the Floodway District: A. Encroachments, including fill, new construction, substantial improvements or other development, shall be prohibited unless certification(with supporting technical data) by a registered professional engineer is provided demonstrating that encroachments shall not result in any increase in flood levels during occurrence of the Lase flood. Development activities which increase the water surface elevation of the base flood may be allowed, provided that the developer first applies, with the Frederick County's endorsement, for a conditional Flood Insurance Rate Map and floodway revision, and receives the approval of the Federal Emergency Management Agency. The following uses shall also be permitted in the Floodway District: i. Agricultural uses, such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming and wild crop harvesting. ii. Public and private recreational uses and activities, such as parks, day camps, picnic grounds, golf courses, boat launching and swimming areas, hiking and horseback riding trails, wildlife and natural preserves, game farms, fish hatcheries, trap and skeet game ranges and hunting and fishing areas. iii. Accessory residential uses, such .as yard areas, gardens, play areas and pervious loading areas. B. If §165-702.15A is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this ordinance. C. The placement of manufactured homes (mobile homes) is prohibited, except in an existing manufactured home (mobile home) park or subdivision. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided the anchoring, elevation, and encroachment standards are met. D. In the Floodway District, the following uses shall only be permitted with a conditional use permit: Accessory industrial and commercial uses, such as yard areas, pervious parking and loading areas, airport landing strips, etc. F DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT 2. Utilities and public facilities and improvements, such as railroads, streets, bridges, transmission lines, pipelines, water and sewage treatment plants and other similar or related uses - 3. Other similar uses and activities, provided that they cause no increase in flood heights and/or velocities. All uses, activities and structural developments shall be undertaken in strict compliance with the floodproofing provisions contained in all other applicable codes and ordinances. § 165-702.14. Standards for the Special Floodplain District. The following provisions shall apply within the Special Floodplain District: Until a regulatory floodway is designated, no new construction, substantial improvements, or other development (including fill) shall be permitted within the areas of special flood hazard, designated as Zones A and AE on the Flood lr6iirance Rate Map, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one foot at any point within Frederick County. Development activities in Zones A and'AE, on the Frederick County Flood Insurance Rate Map which increase the water surface elevation of the base flood by more than one foot may be allowed, provided that the developer or applicant first applies, with Frederick County's endorsement, for a conditional Flood Insurance Rate Map revision, and receives the approval of the Federal Emergency Management Agency. § 165-702.15. Standards for Approximated Floodplain District. The following provisions shall apply with the Approximate Floodplain District: A. The Approximated Floodplain District shall be that floodplain area for which no detailed flood profiles or elevations are provided, but where a one hundred (100) -year floodplain boundary has been approximated- Such areas are shown as Zone A on the maps accompanying the Flood Insurance Study. For these areas, the one hundred (100) -year flood elevations and floodway information from federal, state, and other acceptable sources shall be used, when available. Where the specific one hundred (100) -year flood elevation cannot be determined for this area using other sources of data, such as the U. S. Army Corps of Engineers Floodplain Information Reports, U. S. Geological Survey Flood -Prone Quadrangles, etc., then the applicant for the proposed use, development and/or activity shall determine this elevation in accordance with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently -accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough review by the Frederick County Engineer. 9 DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT B. When such base flood elevation data is utilized, the lowest floor shall be one (1) foot above the base flood elevation. During the permitting process, the developer or applicant shall obtain: 1) The elevation of the lowest floor (including the basement) of all new and substantially improved structures; and, 2) If the structure has been flood -proofed in accordance with the requirements of this article, the elevation to which the structure has been flood -proofed. § 165-702.16. Standards for Subdivision Proposals. A. All subdivision proposals shall be consistent with the need to minimize flood damage; B. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize 111bod damage; C. All subdivision proposals shall have adequate drainage provided to redM'-e exposure to flood hazards. § 165-702.17. Design criteria for utilities and facilities. A. New sanitary sewer facilities and private package sewage treatment plants (including all pumping stations and collector systems) are prohibited in the Special Flood Hazard Areas and Floodplain Districts. B. Replacement sanitary sewer facilities and private package sewer treatment plants (including all pumping stations and collector systems) shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into the floodwaters. In addition, they should be located and constructed to minimize or eliminate flood damage and impairment. C. All new or replacement water facilities shall be designed to minimize or eliminate infiltration of floodwaters into the systems and be located and constructed to minimize or eliminate flood damages. D. All storm drainage facilities shall be designed to convey the flow of surface waters without damage to persons or property. The systems shall ensure drainage away from building and on-site waste disposal sites. The Board of Supervisors may require a primarily underground system to accommodate frequent floods and a secondary surface system to accommodate larger, less frequent floods. Drainage plans shall be consistent with local and regional drainage plans. The facilities shall be designed to prevent the discharge of excess runoff onto adjacent properties. 10 DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT E. All utilities, such as gaslines, electrical and telephone systems, being placed in flood - prone areas should be elevated (where possible) and constructed to minimize the change of impairment during a flooding occurrence. § 165-702.18. Factors to be considered in granting variances. A. In passing upon applications for variances, the Board of Zoning Appeals shall satisfy all relevant factors and procedures specified in other sections of this chapter and consider the following additional factors: (1) The danger to life and property due to increased flood heights or velocities caused by encroachments. No variance shall be granted for any proposed use, development or activity within any Floodway District that will cause any increase in the one -hundred -year flood elevation. (2) The danger that materials may be swept on to other lands or downstream to the injury of others. (3) The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions. (4) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners. (5) The importance of the services provided by the proposed facility to the community. (6) The requirements of the facility for a waterfront location. (7) The availability of alternative locations not subject to flooding for the proposed use. (8) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. (9) The. relationship of the proposed use to the Comprehensive Plan and floodplain management program for the area. (10) The safety of access by ordinary and emergency vehicles to the property in time of flood. (11) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters expected at the site. (12) The' repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. (13) Such other factors which are relevant to the purposes of this article. B. The Board of Zoning Appeals may refer any application and accompanying documentation pertaining to any request for a variance to the County Engineer for technical assistance in evaluating the proposed project in relation to flood heights and velocities, and the adequacy of the plans for flood protection and other related matters. C. Variances shall be issued only after the Board of Zoning Appeals has determined that the granting of such will not result in unacceptable or prohibited increases in flood heights, 11 DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT additional threats to public safety or extraordinary public expense; and will not create nuisances, cause fraud or victimization of the public or conflict with local laws or ordinances. D. Variances shall be issued only after the Board of Zoning Appeals has determined that the variance will be the minimum required to provide relief. E. The Board of Zoning Appeals shall notify the applicant for a variance, in writing, that the issuance of a variance to construct a structure below the one -hundred -year flood elevation increases the risks to life and property and will result in increased premium rates for flood insurance. F. A record shall be maintained of the above., notification as well as all variance actions, including justification for the issuance of the variances. Any variances which are issued shall be noted in the annual or biennial report submitted, to the Federal Insurance Administrator. § 165-702.19. Existing Structures in Floodplain Areas. A structure or use of a structure or premises wMch lawfully existed before the enactment of these provisions, but which is not in conformity with these provisions, may be continued subject to the following conditions: A. Existing structures in the'Floodway .Area shall not be expanded or enlarged unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practices that the proposed expansion would not result in any increase in the base flood elevation..?4 B. Any modification, alteration, repair, reconstruction, or improvement of any kind to a structure and/or use located in any flood plain areas to an extent or amount of less than fifty, (50) percent of its market value shall conform to the VA USBC. C. The modification, alteration, repair, reconstruction, or improvement of any kind to a structure and/or use, regardless of its location in a floodplain area to an extent or amount of fifty (50) percent or more of its market value shall be undertaken only in full compliance with this ordinance and shall require the entire structure to conform to the VA USBC. § 165-702.20. Penalties for Violations. A. Any person who fails to comply with any of the requirements or provisions of this article or directions of the Zoning Administrator or any authorized employee of Frederick County shall be guilty of a misdemeanor and subject to the penalties outlined in §165- 101.08 of this Chapter. 12 DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT B. In addition to the above penalties, all other actions are hereby reserved, including an action in equity for the proper enforcement of this article. The imposition of a fine or penalty for any violation of, or noncompliance with, this article shall not excuse the violation or noncompliance or permit it to continue; and all such persons shall be required to correct or remedy such violations or noncompliances within a reasonable time. Any structure constructed, reconstructed, enlarged, altered or relocated in noncompliance with this article may be declared by Frederick County to be a public nuisance and abated as such. Flood insurance may be withheld from structures constructed in violation of this article. ARTICLE i GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS Part 101 — General Provisions §165-101.02. Definitions and word usage. BASE FLOOD - The flood having a one percent chance of being equaled or exceeded in any given year BASE FLOOD ELEVATION (BFE) — The Federal Emergency Management Agency designated one - hundred -year surface water elevation. BASEMENT - Any area of the building haying its floor sub -grade (below ground level) on all sides. ELEVATED BUILDING - A noir-basement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, or columns (posts and piers). ENCROACHMENT - The advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain. FLOOD OR FLOODING A general or temporary condition of partial or complete inundation of normally dry land areas from: a. the overflow of inland or tidal waters; or, b. the unusual and rapid accumulation or runoff of surface waters from any source. 2. The collapse or subsistence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in 13 DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT flooding as defined in paragraph 1 (a) of this definition. 3. Mudflows which are proximately caused by flooding as defined in paragraph (a)(2) of this definition and are akin to a river of liquid and flowing mud on the surfaces of norinally dry land areas, as when earth is carried by a current of water and deposited along the path of the current. FLOOD INSURANCE RATE MAP (FIRM) — An official map of a community on which the Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community. FLOOD INSURANCE STUDY (FIS) — An examination, evaluation aid determination of flood hazards and, if appropriate, corresponding water surface elevations, orl �an examination, evaluation and determination of mudflow and/or flood -related erosion hazards. FLOODPLAIN OR FLOOD -PRONE AREA - Any land area susceptible to being inundated by water from any source. FLOODPROOFING — Any combination of structural and n6ri-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures arad their contents_ FREEBOARD - A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboarl' tends to compensate for the many, unknown factors that could contribute to flood heights greater than the height calculated for a' selected size flood and floodway conditions, such as wave action, bridge openings, and .the hydrological effect of urbanization in the watershed. HIGHEST ADJACENT GRADE =' The highest Natural elevation of the ground surface prior to construction next to the proposed walls of structure. HISTORIC STRUCTURE - Any structure that is 1. listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminar=ily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; 2. certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; 3. individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or, 4. individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: W DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT a. by an approved state program as determined by the Secretary of the Interior; or, b. directly by the Secretary of the Interior in states without approved programs. LOWEST FLOOR - The lowest floor of the lowest enclosed area (including basement). An unfinished or flood -resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non -elevation design requirements of Federal Code 44CFR §60.3. MOBILE OR MANUFACTURED HOME — A structure, transportable In one or more sections, which in travel mode is eight body feet or more in width or 40 body feet or more in length, or when erected on site, is 320 or more square feet and which is built in a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities. MOBILE OR MANUFACTURED HOME PARK QR SUBDIVISION A parcel (or contiguous parcels) of land or a subdivision divided into two or more manufactured home lots for rent or sale. NEW CONSTRUCTION - For the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial Flood Insurance Rate Map on or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, new'construction means structures for which start of construction commenced on or after the effective date of 'a floodplain, management regulation adopted by a cominunity and includes any' subsequent improvements to such structures. SPECIAL FLOOD HAZARD AREA - The land in the floodplain subject to a one (1%) percent or greater chance of being flooded in any given year as determined in Section X (Official Zoning Map). START OF CONSTRUCTION - The date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition., placement, substantial improvement or other improvement was within 180 days -of the permit date. The actual start means either the first placement of permanent construction of a structure on a site., such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of the construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. STRUCTURE — For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. Structure, for insurance rating purposes, means a walled and roofed building, other than a gas or liquid storage tank, that is principally above ground and affixed to a permanent site, as well as a manufactured home on a permanent foundation. For the latter purpose, the term includes a building while in the course of construction, alteration or repair, but does not include building materials or supplies intended for use in 15 DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT such construction, alteration or repair, unless such materials or supplies are within an enclosed building on the premises. WATERCOURSE - A lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. 16 CERTIFIED MAIL MAY RETURN RECEIPT REQUESTED John Riley, Jr. Administrator, Frederick County 107 North Kent Street Winchester, Virginia 22601 Dear Mr. Riley: U.S. Department of Homeland Security 500 C Street, SW Washington, DC 20472 F,pARTJy` rj 1! 'ems o��IANDJ I commend you for the efforts that have been put forth in implementing the floodplain management measures for Frederick County, Virginia, to participate in the National Flood Insurance Program (NFIP). As you implement these measures, I want to emphasize the following: a Flood Insurance Study (FIS) and Flood Insurance Rate Map (FIRM) have been completed for your community; the FIS and FIRM will become effective on September 2, 2009; and by the FIS and FIRM effective date, the Department of Homeland Security's Federal - Emergency Management Agency (FEMA) Regional Office is required to approve the legally enforceable floodplain management measures your community adopts in accordance with 44 Code of Federal Regulations Section 60.3(d). As noted in FEMA's letter dated March 2, 2009, no significant changes have been made to the flood hazard data on the Preliminary and/or revised Preliminary copies of the FIRM for Frederick County. Therefore, Frederick County should use the Preliminary and/or revised Preliminary copies of the FIRM as the basis for adopting the required floodplain management measures. Final printed copies of the FIRM for Frederick County will be sent to you within the next few months. If you encounter difficulties in enacting the measures, I recommend you contact the Virginia Department of Conservation and Recreation. You may contact Bill Browning, the NFIP State Coordinator, by telephone at (804) 786-3914, in writing at 203 Governor Street, Suite 206, Richmond, Virginia 23219-2019, or by electronic mail at bill.browning@dcr.virginia.gov. The FEMA Regional staff in Philadelphia, Pennsylvania, is also available to provide technical assistance and guidance in the development of floodplain management measures. The adoption of compliant floodplain management measures will provide protection for Frederick County and will ensure its participation in the NFIP. The Regional Office may be contacted by telephone at k'215) 931-5530 or inn writing. Please send your written inquiries to the Director, Federal Insurance and Mitigation Division, FEMA Region III, at One Independence Mall, Sixth Floor, Philadelphia, Pennsylvania 19106. www.fema.gov John Riley, Jr. W 2 3 200-9 Page 2 You may have already contacted the NFIP State Coordinator and/or the FEMA Regional Office, and may be in the final adoption process or recently adopted the appropriate measures. However, in the event your community has not adopted the appropriate measures, this letter is FEMA's official notification that you only have until September 2, 2009, to adopt and/or submit a floodplain management ordinance that meets or exceeds the minimum NFIP requirements, and request approval from the FEMA Regional Office by the effective date. Your community's adopted measures will be reviewed upon receipt and the FEMA Regional Office will notify you when the measures are approved. I appreciate your cooperation to ensure that your community's floodplain management measures are approved by the FEMA Regional Office by the FIRM effective date. Your compliance with these mandatory program requirements will enable your community to avoid suspension from the NFIP. Sincerely, Deborah Ingram Acting Deputy Assistant Administrator Mitigation Directorate cc: Jonathan Sarubbi, Regional Administrator, FEMA Region III Bill Browning, NFIP State Coordinator, Virginia Department of Conservation and Recreation Alex Gray, GIS Analyst, Frederick County C_� • c Cp SUBDIVISION REQUEST #03-09 MILLER AUTO SALES Staff Report for the Planning Commission w Prepared: July 10, 2009 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 in the review of this application. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission 08/05/09 Pending Board of Supervisors: 09/09/09 Pending LOCATION: The property is located on the eastern side of Valley Pike (Route 11), south of the Route 37 interchange at Kernstown Commons. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 75 -A -11C PROPERTY ZONING & PRESENT USE: B2 (Business General) District Land Use: Auto Dealership ADJOINING PROPERTY ZONING & USE: North: B-2 (Business, General) South: B-2 (Business, General) East: Interstate 81 West: B-2 (Business, General) Use: Commercial Use: Auto Dealership Use: Interstate Highway Use: Commercial/vacant SUBDIVISION SPECIFICS: Subdivision of 15.2181 acres into four (4) parcels of 6.7482, 2.6838 acres, 2.8567 acres and 2.9294 acres. All parcels are zoned B-2 (Business General). Subdivision Request #03-09, Miller Auto Sales July 10, 2009 Page 2 Fire and Rescue: No viim lent Sanitation Authority: No comments Planning: This property had been zoned B-2 (Business General) when Frederick County adopted zoning in 1967, and has no approved Master Development Plan (MDP). This request is for subdivision of 15.2181 acres into four (4) parcels of 6.7482, 2.6838 acres, 2.8567 acres and 2.9294 acres. These parcels are located within the Route 11 South Corridor Land Use Plan and the Sewer Water Service Area (SWSA) as indicated by the 2007 Comprehensive Policy Plan of Frederick County Staff Review: The Subdivision Ordinance requires that land divisions in the B-2 (General Business) Zoning District without an approved Master Development Plan (MDP) be presented to the Board of Supervisors for final approval (Chapter I 44-12-B). This proposed subdivision has met the requirements for a waiver from the MDP requirements, and has been granted a waiver of the MDP requirements. The design elements associated with the MDP have not been waived. Therefore, Planning Commission and Board of Supervisors review and action on this Subdivision request is necessary. Requested Waivers: The applicant has requested a waiver from Section 144-24 C of the Frederick County Code (Subdivision) to allow these parcels to be served by a private commercial access. This Section of The Frederick County Code requires that all new parcels must abut and have direct access to a state maintained public street/road. Access to these parcels will be via a private commercial 50 foot ingress/egress from Valley Pike (Route 11). This 15.2181 acre parcel abuts Valley Pike (Route 11), and is served by a single entrance onto Route 11. STAFF RECOMMENDATION FOR 08/15/09 PLANNING COMMISSION MEETING: In order for the proposed commercial lots on the Miller Auto Sales property to be subdivided utilizing private roads, the Board of Supervisors will need to grant a waiver of Section 144-24C of the Frederick Countv Subdivision Ordinance. Staff is seeking two actions: Y Recommendation from the Planning Commission regarding the waiver of public road frontage. • Recommendation from the Planning Commission regarding administrative approval authority for a four -lot subdivision. All issues and concerns raised by the Planning Commission will be forwarded to the Board of Supervisors for their consideration. 4 f fi NN a 'P T e ''Y 1. r • ON' • j k 1 37 rr OPV r \Y�Gs : `� � r 4 ■ E r7, s i' ai fdr Allr ■ s _ •. r` r a m 49 ahv 'lei It oil me a No wo.6 IN / '# r` r'e'f • # ti, '.e r rs■■sr.Er IF .-. 642 +fe. ■r_:M*t..r_■`: rr•.. t. rw+o�. Miller Auto Sales Waiver Request CURRENT LAND USE PIN: 75-A- 11C ssEfl'• i '. ,� f r # � .r' ,+ t"ase Planner l\kdheran i . ■ •'. � it _' .. / � Future Rt37 Bypass Long Range Land Use Y ■ ■ r Fii wa Commercial Recreation �f! i • r " Application Rural Comrw rnitY Center r ■ s O IndusMat Natural Resources F,. Recreation , 4 M F'ti S ° ,s a � ��...aaarrr''' �.�r rs■ % Ni! (§ Wit I>N.«Iopwmt ieea Residential , �. Mixed Use Industrial \ Office Cpen Space A #{ •; p ■i�r! SR"S.a ',,�`r„'' Infixed Use .4ye Restricted ,�'._.'�; lhban Center Institutional 10 fi J `r' ' °r i med-Use +c rr ■ ■�.r tly,,+r Neighborhood'v7lage Kstcric\DSA : ,; r a Business Planed Unit Development E 'i°"r' Mixed Use Cc nmerclal \ Office n !_ 300 600 1,200 Feet t� E Auto Sales Waiver Request PIN: 75-A- 11C 40�%, Future Rt3T Bypass OApplication � M i Lhhan Ue.rlopmetlt Tea S1TS.1 0 300 600 — 1.200 Feet CURRENT ZONING Zoning B((Ru.ln—Nethtnn 1w 1IMVt irt) B2 M.M.— Gener a Dimisl) 83 (MAn— lndasu ml T—Wil- Wile D bb l t) FSI (E[tt acche Mawnw nl ing DLII tell HE (Hig1wr Etta At.. Mful t) ;i Nil (LuhmUr)al. Licht Didkl, MI-Mutusirial. GwlelalDMirt) 4M MHI(AlobW Home Cemmmdh- Dlsalet) 4w MS (1( mic.l 3n,rywrt Immut,t) R1(Re.iiietlual 111--1 Cowwnnic• [M41kp R.= (Reskhauial liecreatianal Cwnwnnitr Vlmicl) R1(Rw:N.Lea Lii.nirtl RP(Reskfential Pztiirrrn. eJAMurt) COUNTY of FRIEDERICK Department of Planning and Development 107 North Kent Street ! Winchester, Virginia 22601-5000 Telephone: 540/665-5651 FAX: 540/665-6395 WrAii �T� /TY/"' �T'T�ITVC iii �YTpST AP -PI Id' A -PION 1. Applicant: � C Name: I li l leiAs& �eG ftn Telephone: 00C) Mr john 4i It r Address: 39, 95 yfa 11 P_yc W E c()Chester. VA D �? 60D 2. Property ownerdifferent than above): Kki �c r AAD Sxz-fe�3 1�1-1'1 c4 Name: DaALER441P Mh 1QA60JU I Telephone -54-C) - g6q Address: 995 3. Contact person (if other than above): Name: MV-Tm raiOct - — Telephone: 611—*r- (f -Vi 1s. P L C . 4. Waiver request details (include specific ordinance requirements to be waived): Svbchvistun, ':' N4- 24C - A how priyc to access mennent to x"1'1 i t�©�' S v � � U' t S(CS � c vu h Wv i 1 Vn_6-F- �� e tin �s�c� 6-1 V 00 T a kA'Ja 5. Property Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): 6. Parcel Identification/Location: Parcel Identification Number 15 - A — 1 1 C Magisterial District: Sha 0J n e-- C 7. Property zoning and current use: Zoned: B i.! S i h e SS e, (1,� f—Ct. District Current Use: C ff n� rY 1 erG� q l 8. Attachments: Adjoining Property Owners List V Existing/recorded an Proposed Plats V OFFICE USE ONLY: Fee: $500 enclosed: Receipt A: Name and Property Identification Number Address Name: Garden of Eden, L.L.C. 118 Gordon Road Property # 75-3-21 Falls Church, VA 22046 Name: Orange Partners, L.L.0 500 Pegasus Court Property # 75-5-10 Winchester, VA 22602 Name: ALDI, Inc. 8751 Gas House Pike Property # 75-5-4 Frederick, MD 21701 Name: Orange Partners, L.L.C. 500 Pegasus Court Property # 75-5-5 Winchester, VA 22602 Name: Bowman -Shoemaker Companies, Inc. P.O. Box 480 Property # 75-A-2 Stephens City, VA 22655 Name: Vailey Farm Credit FLCA P.O. Box 2700 Property # 75 -A -2G Winchester, VA 22604 Name: David Shin 838 Bent Creek Drive Property # 75 -A -2E Lititz, PA 17543 Name: Sulky Drive Land Trust 103 North Braddock St. Property # 75-3-20 Winchester, VA 22601 14 S'LSurvry\o9ozoos - C—Pointe - wa�enawmosc ncsaomrrsun.m+y cD Fb 't 0 y0 Q� SITE 0 �9ao/P �`' Mill [r1 ICINITY MAP �a T"=2000' lop f � APPROVED BY F - R/CK COUNTY S37N/TA170N AUTHORITY DATE FREDERICK CDUN Y SUBO/VISION ADMI ISTRATOR DATE 41-VI (J C: d I9RCINl R E T O TRANSPOR A 710 ATE OWNER'S CONSENT THE ABOVE AND FOREGOING MINOR SUBDIVISION OF THE PROPERTY OF MILLER AUTO SALES, INC, A VIRGINIA LIMITED LIABILITY COMPANY & DEALERSHIP MANAGEMENT COMPANY, LLC, A VIRGINIA CORPORATION, AS APPEARS IN THE ACCOMPANYING PLAT, IS WITH THE FREE CONSENT AND IN ACCOR ANE WITH THE DESIRES OF THE UNDERSIG D P PR/ETORS, AND TRUUSTEES, IF ANY. 7E,S, f� "2 y tj BY: BY:X ON B A OF MI R UTO S S DATE ON BEHALF OF EALUSHIP MANAGEMENT COMPANY, LLC DATE STATE OF ViCIn'CA NOTARY PUB6C p'/ Ur 1 na)" ' C CITY/COUNTY OF BEFORE ME THIS OF JU 2009 BY ON BEHAIF OF MILLER AUTO SALES. THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED —QDAY INC_. NC. A VIRGINIA LIMITED LIABILITY COMPANY. 0)- (71" AA P), -11191394J 1{ 1 13944 b i I \ r 10-5"1 0-5OTA YI UC t � ` n i STATE OF MY COMMISSION EXPIRES CITY/COUNTY OFW,(Y)CIqjfeK ME THIS L DAY OF U � I� 2009 BY N BEHALF OFDEALERSHIP BEFORE THE FOREGOING COMPANY,INSTR M�C AVIRGINIA NNO CORPORATION.ED OTA Y UC !Q` _1 MY COMMISSION EXPIRES SURVEYOR'S CERTIFICATE l HEREBY CER77FY THAT THE LAND CONTAINED IN THIS MINOR SUBDIVISION PLAT IS THE SAME LAND CONVEYED TO MILLER AUTO SALES, INC., A 14RGIIVIA LIMI7ED LIABILITY COMPANY & DEALERSHIP MANAGEMENT COMPANY, LLC, A VIRGINIA CORPORA77ON BY DEED DATED AUGUST 12, 2004 AND RECORDED AS INSTRUMENT #040016095 IN 7HE OFFICE OF 7HE CLERK OF THE CIRCUIT COURT OF FREDERICK COUNTY, VIRGINIA. MINOR SUBDMS/ON P tiTH Op OF THE PROPERTY OF MILLER AUTO SALES, INC. r A VIRGINIA LIMITED LIABL/TY COMPANY & DEALERSHIP MANAGEMENT COMPANY, LLC ELLIOTT RITCHIE, R. A VIRGINIA CORPORA 770N No. 1318 INSTRUMENT #040016095 SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRCINIA LgND DATE. MARCH 31, 2009 SUR V�lo4` 0902005-CrossPointe-Miller- SUB MAY 27, 2009 SHEET 1 OF 4 AMW ,REV/SED. PAINTER-LEWIS, P.L.C. 817 Cedar Creek Grade, Suite 120 Telephone (540) 662-5792 Winchester, Virginia 22601 Facsimile (540) 662-5793 ENGINEERS ENGINEERS Email: office@painterlewis.com S'LSurvry\o9ozoos - C—Pointe - wa�enawmosc ncsaomrrsun.m+y CURVE TABLE No RADIUS ARC CHORD BEARING TAN DEL TA C7 176.64 33.16" 33 11 S 4638 39 T-16.63" 10 45'19 C2 C 200 00 73.30 72 89 S 51 46 00 "' E 37.07" 21 DO DO o CJ 28-261- -1-6J1 7 160.92" S 45 43 33 ' E 83 93" 33 D4 54 - C4 459.50' 190 45' 189.09 -S7-177840- E 96.61 2344 51 C5 26500' 41853" 376.37 N 894606" E 267.28 902929"" C5A 265.00 264.95 254.06 S 733745"" E 144.74 577709 C5B 26500' 153.58' 151.44" W-61-07-31 E 79.01 3372"19 EASEMENT CURVE TABLE No RADIUS ARC CHORD BEARING TAN DELTA EC1 307.61' 153.44' 151.85' N 47'58'37 W 78.35' 28'34'46' EC2 299.61' 23.54' 23.54' N 31'26'10 W 11.78' 430'66' EC3 476.50' 288.31' 283.93' N 11'51'06 W 148.72' 34'40'00' EC4 231.00' 352-011318.9Y S 88'10'41' W 220.41' 8718'39" EC5 281.00' 443-80'1399.W N 89'46'06' E 283.42' 9029'29° EC6 426.50' 205j3'1203.35' S 1523'36' E 104.69' 27'34'59' EC7 249.61' 77.32' 77.02' S 38'0335' E 38.97' 17'44'58' ECS 257.61' 58.94' 68.73' S 5436'02 E 34.67' 1519'56' EASEMENT LINE TABLE No BEARING DIST El S 54'01'46' E 50.16' E2 S 30'44'31 E 35.84' E3 S 5978'15' E 17.07' E4 S 56"16'46" W 8.00' E5 S 45'28'39' E 50.00' E6 N 4439'10' W 61.24' E7N 43'03'56' El 8.00' JE81N 5011'35' WITT09'I AREA TABULATION LOT 1 6.7482 ACRES LOT 2 + 2.6838 ACRES LOT 3 + 2.8567 ACRES LOT 4 + 2.9294 ACRES R/W DEDICATION + 0.2328 ACRES ORIGINAL AREA 15.4509 ACRES NOTES.• LEGEND HMF - HIGHWAY MONUMENT FOUND IRF - IRON ROD FOUND BRL - BUILDING RESTRIC7701V UNE 1. NO 777LE REPORT FURNISHED. EASEMENTS MA Y EXIST 7HA T ARE NOT SHOWN ON THIS PLAT 2. PROPERTY IDEN 77FICA TION No. 75-A-IIC J. IRON RODS HAVE BEEN, OR WILL BE SET, AT ALL PROPERTY CORNERS NOT PREWOUSL Y MONUMENTED. 4. BOUNDARY INFORMA770N SHOWN HEREON IS BASED UPON PLAT OF SURVEY EN7777ED FINAL PLAT - A POR77ON OF THE LAND OF BAT71EFIELD PARTNERSHIP" DATED NOVEMBER 21, 1985, PERFORMED BY THOMAS A. SHOCKEY AND RECORDED WITH DEED IN DEED BOOK 608 AT PAGE 273. PRI VA TE ACCESS EASEMENT NOTE THE PROPOSED SHARED PRIVATE DRIVEWAY IS NOT BUILT ACCORDING TO STREET STANDARDS OF AND WILL NOT BE MAINTAINED BY THE VIRGINIA DEPARTMENT OF TRANSPORTATION OR THE COUNTY OF FREDERICK, THE IMPROVEMENT AND MAINTENANCE OF SAID DRIVEWAY SHALL BE THE SOLE RESPONSIBILITY OF THE OWNERS OF LOTS WHICH ARE PROVIDED WITH ACCESS VIA THE DRIVEWAY. SAID SHARED PRIVATE DRIVEWAYS WILL NOT BE CONSIDERED FOR INCLUSION INTO THE STATE SECONDARY SYSTEM UNTIL THEY MEET THE APPLICABLE CONSTRUCTION STANDARDS OF THE VIRGINIA DEPARTMENT OF TRANSPORTATION. THE COST OF BRINGING SAID DRIVEWAYS TO ACCEPTABLE STANDARDS SHALL NOT BE BORNE BY THE VIRGINIA DEPARTMENT OF TRANSPORTATION NOR BY FREDERICK COUNTY. M/NOR SUBDI14S/ON OF THE PROPERTY OF EX WATER EASEMENT AUTO SALES, INC.A SANITARY \ SEWER EASEMENT MANAGEMENT COMPANY, LLC EX SANITARY SEWER & VIRGINIA CORPORA TION WATER EASEMENT INSTRUMENT X40016095�SHAWNEE PROPOSED PRIVATE MAGISTERIAL DISTRICTFREDERICK COUNTYVIRGINIA ACCESS EASEMENT 1. NO 777LE REPORT FURNISHED. EASEMENTS MA Y EXIST 7HA T ARE NOT SHOWN ON THIS PLAT 2. PROPERTY IDEN 77FICA TION No. 75-A-IIC J. IRON RODS HAVE BEEN, OR WILL BE SET, AT ALL PROPERTY CORNERS NOT PREWOUSL Y MONUMENTED. 4. BOUNDARY INFORMA770N SHOWN HEREON IS BASED UPON PLAT OF SURVEY EN7777ED FINAL PLAT - A POR77ON OF THE LAND OF BAT71EFIELD PARTNERSHIP" DATED NOVEMBER 21, 1985, PERFORMED BY THOMAS A. SHOCKEY AND RECORDED WITH DEED IN DEED BOOK 608 AT PAGE 273. PRI VA TE ACCESS EASEMENT NOTE THE PROPOSED SHARED PRIVATE DRIVEWAY IS NOT BUILT ACCORDING TO STREET STANDARDS OF AND WILL NOT BE MAINTAINED BY THE VIRGINIA DEPARTMENT OF TRANSPORTATION OR THE COUNTY OF FREDERICK, THE IMPROVEMENT AND MAINTENANCE OF SAID DRIVEWAY SHALL BE THE SOLE RESPONSIBILITY OF THE OWNERS OF LOTS WHICH ARE PROVIDED WITH ACCESS VIA THE DRIVEWAY. SAID SHARED PRIVATE DRIVEWAYS WILL NOT BE CONSIDERED FOR INCLUSION INTO THE STATE SECONDARY SYSTEM UNTIL THEY MEET THE APPLICABLE CONSTRUCTION STANDARDS OF THE VIRGINIA DEPARTMENT OF TRANSPORTATION. THE COST OF BRINGING SAID DRIVEWAYS TO ACCEPTABLE STANDARDS SHALL NOT BE BORNE BY THE VIRGINIA DEPARTMENT OF TRANSPORTATION NOR BY FREDERICK COUNTY. M/NOR SUBDI14S/ON OF THE PROPERTY OF �t��MILLER AUTO SALES, INC.A VIRGINIA LIMITED L/ABL/TY COMPANY & 9DEALERSHIP MANAGEMENT COMPANY, LLC �E, `J�.A &AMW VIRGINIA CORPORA TION INSTRUMENT X40016095�SHAWNEE MAGISTERIAL DISTRICTFREDERICK COUNTYVIRGINIA E-JODATE.• MARCH 31, 2009 0902005-CrossPointe-Miller-SUB REVISED: MAY 27 2009 SHEET 2 OF 4 AMW PAINTER- LEWIS, P. L. C. 817 Cedar Creek Grade, Suite 120 Telephone (540) 662-5792 Winchester, Virginia 22601 Facsimile (540) 662-5793 CONSULTING ENGINEERS Email: office@palnterlewis.com s:�s�rvey\osozoos-aossro��4-N�nv\awzoost, va�sva.a..q GRAPHIC SCALE 100 0 so too 200 1 inch = 100 ft. N Y tom" Is ROUTE �g0, R/W N 39 48 01`�-- R,/w DEDICATION 0-2326 ACRES F 50 BRL 1 J o U d � r— C> Mao .. o� <Zm Z= 0 N N S 45'28'39" E 30-00' M _ SQL LOT 4 1 M 75--A-11C T 2.9294 9CRFS E EX 20' SAI ITARY SE R EASEMENT i SE4 ao Wim �p? LOT S 443122 23 AG \=Ft / ? TM 75—A -11L 151.40' ` D / ��?rte 6.7482 ACRES S 44510ir �f F i 1t . . ✓ w l � I U TNI 75 -A -11C 1J, A \ 15.4509 ACRES 1` W (ORIGINAL AREA) 1 L ZONED: B2 USE: COMMERCIA 35' BRL N 44'31'21' E 206.91' 226:97=I LOT 3 �s t i'T w 206.91 — SEE SHEET 4 L0T`2 -- 35_BRL SEE SHEET 4 SEE SHEET 4 z P -A N to n 0 0 00 06 zj.. Inw Zw M N am ao ww Z zo Q N w 0 z MO/NORE PROPDERTY/OFv o��PtiTx of �r�� MILLER AUTO SALES, INC. A VIRGINIA LIMITED L/ABL/TY COMPANY & �� a DEALERSHIP MANAGEMENT COMPANY, LLC �Lolk IT�JR. A VIRGINIA CORPORA TION No. 1318 INSTRUMENT #040016095 S�7�a SHAWNEE MAGISTERIAL DISTRICT % FREDERICK COUNTY, WRGINIA 4 04 DATE.- MARCH 31, 2009 SCALE- 1-=100' 9�1'D suRo 0902005-CrossPointe-Miller-SUR REKSED: MAY 27, 2009 SHEET 3 OF 4 AMW PAINTER-LEWIS, P.L.C. 817 Cedar Creek Grade, Suite 120 Telephone (540) 662-5792 Winchester, Virginia 22601 Facsimile (540) 662-5793 CONSULTING ENGINEERS Email: office@painterlewis.com S:LSurvey\0902005-GossPointe-Miller\09020D5{in PointzSUB.dw9 LOT SEE SHE EX 20' SA ITAP,Y SE LR I � I Jzo 1 x m W II. SEE SHEET 3 !w i 1 3 TIENT 7 Q m , LOT 1 ?o' \ SEE SHEET 3 ' { I 1 I TM 75—A-11 C 1 \ x 15.4509 ACRES 1 o (ORIGINAL AREA) a A ZONED: 132 USE: COMMERCIAL l �: �ot� ` 35' BRL o N w — — _ N 4431'21 E 206-91' o EX SANITARY WATER-EASEMENTc n _� 1 �.. _ _ — �-0kk \\�Se�- N 443721 F 22691 U� w N LOT 3 �`� ,'� _ — — S 4ZI' i• IN 206.91 — a m TM 75—A -11N _ 35' BRL_ 2.8567 ACRES �N 0 w 50' BRL LOT 2 TM 75—A -11M 2.6838 ACRES -- 50 BRL ��.,.... S 39"140 �� 81. IRF INTERSTATE TM 75-5-B WIDTH LIMITED ACCESS R/WN/F COMMONWEALTH DF VIRGINIA GRAPHIC SCALE VARIABLE DEPARTMENT OF TRANSPORTATION 100 0 50 100 200 INS¢ 080009527 1 I 1I ZONED: B2 USE: VACANT 1 inch = 100 ft. �1 MINOR SUBDI VISION tiT x OP OF THE PROPERTY OFT 14,E MILLER AUTO SALES, INC. r A VIRGINIA LIM17FD LIABLITY COMPANY & DEALERSHIP MANAGEMENT COMPANY, LLC EuwOTT RITCHIE, R. A VIRGINIA CORPORA T/ON No. 1318 INSTRUMENT 1040016095 SHAWNEE MAGISTERIAL DISTRICT C COUNTY DATE.- MARCH 1009Il SCALE "=100" dgND SUP-1��04 0902005-CrossPointe-Miller-SUB REVISED. MAY 27, 2009 SHEET 4 OF 4 AMW PAINTER- LEWIS, P. L. C. 817 Cedar Creek Grade, Suite 120 Telephone (540) 662-5792 Winchester, Virginia 22601 Facsimile (540) 662-5793 CONSULTING ENGINEERS Email: office®painterlewis.com s:Ls�rvevlo5ozoos - wssaomre - n�ne,�osozoosz�ro�,n�we.d..y C, i COUNTY of FREDERICK Department of Planning and Development MEMORANDUM �T�� 540/665-5651 l� � EMORA �'+� *-� 1 � � FAX: 540/665-6395 To: Frederick County Planning Commission From: Candice E. Perkins, AICP, Senior Planner Sub,ect: Discussion— Fabricated metal products (SIC 3482 and 3484) in the M1 Zoning District Date: July 22, 2009 Frederick County has received a request to add portions of Standard Industrial Classification (SIC) 34 - Fabricated metal products to the permitted uses in the M1 (Light Industrial) Zoning District. The request is for the inclusion of the following: SIC 348 — (Fabricated metal products, Ordinance and Accessories, Except Vehicles and Guided Missiles) Small Arms Ammunition (30mm — 1.18 inch or less), (SIC 3482) Small Arms (30mm — 1.18 inch or less), (SIC 3484) The item was presented to the Development Review and Regulations Committee (DRRC) at their meeting on June 25, 2009. The DRRC had questions regarding the amount of gunpowder permitted to be stored on a site as well as the type of storage facility which would be required. The DRRC forwarded the item to the Planning Commission for consideration, subject to the additional information being provided. This use would be regulated by the Frederick County Inspections Department and the Fire Marshall's Office. Staff has received information from the Frederick County Fire Marshal regarding the codes that regulate this use. Please note that the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) does not regulate the use of smokeless powder (smokeless propellants). This item is presented for discussion. Comments and suggestions from the Planning Commission will be forwarded to the Board of Supervisors. Attachments: 1. Proposed Ordinance Revision (§165-82A). 2. Standard Industrial Classification (SIC) Group — 348 3. Fire Code Regulations CEP/bad 107 North Rent Street, Suite 202 • Winchester, Virginia 22601-5000 E. 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. Standard Industrial Classification Allowed Uses (SIC) Landscape and horticultural services 078 Offices and sten age facilities for building construction 15, 16 and 17 contractors, heavy construction contractors and special trade contractors Manufacturing as follows: - Dairy products 202 Canned, frozen and preserved fruits, vegetables and 203 soup mixes Bakery products 205 Sugar and confectionary products 206 Bottled and canned soft drinks and carbonated water 2086 Flavoring extracts and flavoring syrups 2087 Miscellaneous food preparations and products, 209 excluding the following.- ollowing:Canned Cannedand cured fish and seafood 2091 Fresh or frozen fish and seafood 2092 Textile mill products 22 Apparel or other finished products made from fabrics 23 and similar material Lumber and wood products, excluding the following: 24 Logging 241 Sawmills and planing mills 242. Wood preserving 2491 Furniture and fixtures 25 Paperboard containers and boxes 265 Converted paper and paperboard products, except 267 containers and boxes Printing, publishing and allied industries 27 Drugs 283 Rubber and miscellaneous plastics products 30 Concrete block and brick and related products 3271 Fabricated metal products, excluding the following: 34 Coating, engraving and allied services Ofdinanee 347 and accessories Ammunition, Except for Small Arms 348 3483 Ordinance and Accessories, not elsewhere classified 3489 Industrial and commercial machinery and computer 35 equipment Electronics and other electrical equipment and 36 components, excluding the following: Storage batteries 3691 Primary batteries 3692 Transportation equipment 37 Measuring, analyzing and controlling instruments; 38 photographic, medical and optical goods, and watches and clocks Miscellaneous manufacturing industries 1 g Local and suburban transit and interurban highway 41 passenger transportation Motor freight transportation and warehousing 42 Transportation by air 45 Transportation services 47 Communication facilities and offices, including 48 telephone, telegraph, radio, television and other communications Electric, gas and other utility facilities and offices and 49 trucking and warehousing [Amended 8-24-20041 Wholesale trade - Advertising specialties — wholesale [Added 8-24-20041 5199 Restaurants 58 Linen supply [Added 8-24-20041 7213 Dry-cleaning plants [Added 8-24-20041 7216 Business services 73 Outdoor ad services [Added 8-24-20041 7389 Automobile recovery service [Added 8-24-20041 7389 Automobile repossession service [Added 8-24-20041 7389 Exhibits building of by contractors [Added 8-24-20041 7389 Filing of pressure containers (aerosol) [Added 8-24-20041 7389 Gas systems contract conversion from manufactured 7389 to natural gas [Added 8-24-20041 Produce weighting service [Added 8-24-20041 7389 Salvaging of damaged merchandise not engaged in sales 7389 [Added 8-24-20041 Scrap steel cutting [Added 8-24-20041 7389 Truck rental and leasing, without drivers [Added 2-7-19951 7513 Tire retreading [Added 5-13-19921 7534 Welding repair [Added 8-24-2004] 7692 Agricultural equipment repair [Added 8-24-20041 7699 Boiler cleaning and repair [Added 8-24-20041 7699 Cesspool cleaning [Added 8-24-20041 7699 Coppersmithing [Added 8-24-20041 7699 Engine repair [Added 8-24-20041 7699 Farm machinery and tractor repair [Added 8-24-20041 7699 Industrial truck repair [Added 8-24-20041 7699 Machinery cleaning [Added 8-24-20041 7699 Measuring and controlling instrument repair; mechanical 7699 [Added 8-24-20041 Meteorological instrument repair [Added 8-24-20041 7699 Precision instrument repair [Added 8-24-20041 7699 Repair of optical instruments [Added 8-24-20041 7699 Repair of service station equipment [Added 8-24-20041 7699 Scale repair service [Added 8-24-20041 7699 Septic tank cleaning service [Added 8-24-20041 7699 ed metal xcept cast: household, 1 hospital in enameled: house - 31, and hospital ne parts, porcelain rnped metal ng, plating, an - s for the trade. = these types ]rmed products. re classified ac - )f metals and formed he trade I products and formed .he trade •the trade Is and formed products, atals and formed prod - rade ,to bumpers, for the f meta] parts, for the and polishing) of he trade dfied ng types of serv- mrnishing metal irk, castings, and such items with graving, chasing and other metal Aal services, not )lishments which .Chased metals or d finish products including porcelain) of tnts, for the trade >welry, silverware, and re trade: except printing netals for purposes other a ochemiral, for the trade )f iron and steel and end ducts, for the trade metal reling, for the trade d metal products, for the ' engraved and etched dk� MANUFACTURING Industry Group Industry No. No. 347 COATING, ENGRAVING, AND ALLIED SERVICES—Con. 3479 Coating, Engraving, and Allied Services, Not Elsewhere Classified—Coil. Painting (enameling and varnishing) of metal products, for the trade Pan glazing, for the trade Parka*izing, for the trade Phosphate coating of metal and metal products, for the trade Retinning of cans and utensils, not done in rolling mills 193 Rust proofing (hot dipping) of metals and formed products, for the trade Sherardizing of metals and metal prod- ucts, for the trade Varnishing of metal products, for the trade 348 ORDNANCE AND ACCESSORIES, EXCEPT VEHICLES AND GUIDED MISSILES 3482 Small Arms Ammunition Establishments primarily engaged in manufacturing ammunition for small arms having a bore of 30 mm. (or 1.18 inch) or less. Establishments primarily engaged in manufacturing ammunition, except for small arms, are classified in Industry 3483, those manufacturing blasting and detonating caps and safety fuses are classified in Industry 2892; and those manufacturing fireworks are classified in Industry 2899. Ammunition and component parts, small arms: 30 mm. (or 1.18 inch) or less Bullet jackets and cares, 30 mm. (or 1-18 inch) or less Cartridge rases for ammunition, 30 mar- (or LIS inch) or less Cartridges, 30 mm. (or 1.18 inch) or less Cores, bullet 30 mm. (or 1.18 inch) or less Paper shells, 30 mm- (or 1.18 inch) or less 3483 Ammunition, Except for Small Arms Pellets, ammunition; pistol and air rifle Percussion caps, for ammunition of 30 mm. (or 1.18 inch) or less Shells, small arms: 30 mm. (or 1.18 inch) or Iess Sbot, BB Shot, lead Shot, pellet Shot, steel ammunition Shotgun ammunition Wads, ammunition: 30 mm. (or 1.18 inch) or less Establishments primarily engaged in manufacturing ammunition, not else- where classified, or in loading and assembling ammunition more than 30 mm. (or more than 1.18 inch), including component parts- This industry also in- cludes establishments primarily engaged in manufacturing bombs, mines, tor- pedoes, grenades, depth charges, chemical warfare projectiles, and their com- ponent parts. Establishments primarily engaged in manufacturing small arms ammunition are classified in Industry 3482; those manufacturing explosives are classified in Industry 2892; and those manufacturing military pyrotechnics are classified in Industry 2899. Ammunition and component parts, room than 30 mm. (ur more than 1.18 inch) Ammunition loading and assembling Plants Arming and fusing devices for missiles Bag loading plants, ammunition Bomb loading and assembling plants Bombeluster adapters Bombs and parts Boosters and bursters Canisters, ammunition caps, bomb Chemical warfare projectiles and com- ponents Depth charges and parts (ordnance) Detonators for ammunition more than 30 mm- (or more than 1.18 inch) Detonators: mine, bomb, depth charge, end chemical warfare projectile Fin assemblies, mortar- more than 30 mm- (or more than 1.18 inch) Fin assemblies, torpedo and bomb Fuses for ammunition more than 30 mm. (or more than 1.18 inch) Fuser mine, torpedo, bomb, depth charge, and chemical warfare projec- tile Grenades and parts Jet propulsion projectiles, complete Loading and assembling bombs, powder bags, and shells: more than 30 mm - (or more than 1.18 inch) Mines and parts (ordnance) Missile warheads Mortar shells, more than 30 mm. (or INDUSTRIAL CLASSIFICATION I 194 STANDARD hrdustry 1 Group Industry Pio. I Group ladustrS ACCESSORIES, EXCEPT VEHiCirES AND GiT�ED No. No - ! 348 348 ORDNANCE AND 1lSISSII,ES--Con. 34€ 3483 Ammunition, Except for Small Arms --Con. 72�ket5 (ammunition) more than L18 inch) shells, artillery. more than 30 mm. (or primers for ammnrritian, more than 30 more than 1.18 inch) - MM_ (or more than 1.18 inch) Torpedoes and parts (ordnance) proyectile forgings, machined: for am- Tracer igniters for ammunition more than 30 mm (m more 30 mm- (or more than 1.18 inch) munition mere than than LIS inch) :I 3484 Small Arms ily engaged in manufacturing small firearms having i 349 Establishments primarily arts for small firearms. Also includ- less, and F 349 a bore 30 mm (or 1-18 inch) or establishments primarily engaged in manufacturing ed in this industry are by the are carried and employee f. certain weapons more than 30 xnm. which and heavllle d s. Estab individual, such as grenade launchers and m rtgu having a lishments primarily engaged in manufacturing than 1.18 inch), and component parts, are bore more than 30 rarn_ (or more classified in Industry 3489. Magazines, gun: 30 mm. (or 1.18 iuch) ,- 30 mm. (or 116 inch) or Or less Mounts for guns 30 mm- (or 1.18 inch) - lase Carhmes. 30 mm- (or 1.18 inch) or less or less l - t Carts, machine gun and machine gun pistols and parts, except toy _ - c - ammunition pyrotechnic Pistols and projectors . k.. �. Clips, gns 30 mm. (or 1.18 inch) or le_= Recoil mechanisms for guns, 30 mm. (or - Cylinders a -d clips, grru: 30 mm. (or I.18 inch) or less 118 inch) or less Revolves and parts Firea ...a 30 mm. (or 1.18 inch) or less Rifles and parts, 30 mm. (or 1.1B inch) - 34! .. ( Grenade launchers or less Gon sights, except optical: 30 mm. (or Rifles, high compression pneumatic 30 _ ' L18 inch) or less mm, (or 1.18 inch) or less E n Guns, 30 mm- (or 118 inch) or less Riff RB and pellet Gnus, dart except toy Rifles pAeumatsc, sprang loaded, and j Guror BB and pellet compressed air --except toy kings, for ammunition 30 mm- Cor 1-18 Shotguns and p--.-ts inCh) or less submachine gums and parts belts, metallic 30 mm (or - Mal.. . gun 1-18 inch) or less t - Machine guns and parts, 30 mm- 118 inch) or less Not Elsewhere Classified 1 3489 Ordnance and Accessories, and accesso- ordnance Establishments primarily engaged in manufacturing coast, antiaircraft, tank, ries, not elsewhere classified, such as naval, aircraft, (or more than 1.18 inch), and field artillery having a bore more than 30 mm. in manufacturing small and components. Establishments primarily engaged inch) or les are classified3484; land arms and parts 30. (or1.18 tanks Classified in Industry 3796;s those manufac- � 39 those manufacturing classified in Industry Group 376. t,rring guided missiles are rs ordnance) Depth guns Aatianhmarme projecto ( Depth charge release Pistols and ProieC ` lntitank rocket launchers torn Artillery parts for artr-IlerF more than Flame throwers (ordnance) for artillery k 3o mm- (or more than 1.18 inciil Gua turrets and parts than 1.18 - - i p rtes ery. more than 30 mm. (or more more than 30 mm. (or more L18 inch} aircraft, antiaircraft, inch - - thmm than field, naval, and tank Guns, more than 30 mm. (or more- �_ s Barrels, gun more than 30 mm. (or L18 inch) more than 1.18 inch) Howitaere, more than 30 mm- (or more - . j Bofors guns than L18 inch) Cannons, more than 30 mm. (or more Limbers, gar, and caisson 30 �~ .' . 3 ! s ( than 1.18 inch) Links for ammunition more..... Carriagas. gun: for artillery more than mm.. (Cyr more than 1.16 inch) : l 30 mm. (or more than 1.18 inch) - s ` VT From:LIFESAFE 06/29/2009 15:10 #999 P.0021006 2006 VIRGINIA STATEWIDE FIRE PREVENTION CODE - Effective May 1, 2008 BLASTER, RESTRICTED, Any person engaging in the use of explosives or blasting agents utilizing five pounds (2.25 kg) or less per blasting operation and using instantaneous detonators. BLASTER, UNRESTRICTED. Any person engaging in the use of explosives or blasting agents without limit to the amount of explosives or blasting agents or type of detonator. PERMISSIBLE FIREWORKS. Any sparklers, fountains, Pharaoh's serpents, caps for pistols, or pinwheels commonly known as whirligigs or spinning jennies. Change the following definitions in Section 3302.1 to read: FIREWORKS. Any firecracker, torpedo, skyrocket, or other substance or object, of whatever fornn or construction, that contains any explosive or inflanunable compound or substance, and is intended, or commonly known, as fireworks and which explodes, rises into the air or travels laterally, or fires projectiles into the air. Fireworks shall not include automobile flares, paper caps containing not more than an average of 0.25 grain (16 mg) of explosive content per cap or toy pistols, toy canes, toy guns or other devices utilizing such caps and items commonly known as party poppers, pop rocks and snap -n -pops. Fireworks may be further delineated and referred to as.- Fireworks, s: Fireworks, 1»4G. (Formerly known as Class C. Common Fireworks.) Small fireworks devices containing restricted amounts of pyrotechnic composition designed primarily to produce visible or audible effects by combustion. Such I AG fireworks that comply with the construction, chemical composition and labeling regulations of the DOTn for Fireworks, UN 0336, and the U.S. Consumer Product Safety Commission as set forth in CPSC 16 CFR: Parts 1500 and 1507, are not explosive materials for the purpose of this code. Fireworks, 1.3G. (Formerly Class B, Special Fireworks.) Large fireworks devices, which are explosive materials. intended for use in fireworks displays and designed to produce audible or visible effects by combustion, deflagration or detonation. Such 1.3G fireworks include, but are not limited to, firecrackers containing more than 130 milligrams (2 grains) of explosive composition, aerial shells containing more than 40 grains of pyrotechnic composition, and other display pieces that exceed the limits for classification as I AG fireworks. Such 1.3G fireworks; are also described as Fireworks. UN0335 by the DOTn. SMOKELESS PROPELLANTS. Solid propellants, commonly referred to as smokeless powders or any propellant classified by DOTn as a smokeless propellant in accordance with-NA3178, Smokeless Powder for Small Arms," used in small arms ammunition, firearms, cannons, rockets, propellant -actuated devices , and similar articles. Change Section 3305.1 to read: 3305.1 General. The manufacture, assembly and testing of explosives, ammunition, blasting agents and fireworks shall comply with the requirements of this section, Title 59.1 of the Code of Virginia, and NFPA 495 or NFPA 1 124. Exceptions: 1. The hand loading of small arms ammunition prepared for personal use and not offered for resale_ 2. The mixing and loading of blasting agents at blasting sites in accordance with NFPA 495, 3. The use of binary explosives or plosophoric materials in blasting or pyrotechnic special effects applications in accordance with NFPA 495 or NFPA 1126. Add Section 3305.1.1 to read: 3305.1,1 Permits. Permits for the manufacture, assembly and testing of explosives, ammunition, blasting agents and fireworks shall be required as set forth in Section 107.2 and regulated in accordance with this section. A permit to manufacture any explosive material in any quantity shall be prohibited unless such manufacture is authorized by a federal license and conducted in accordance with recognized safety practices. Change Section 3306.4 to read: -36- From:LIFESAFE 06/29/2009 15.10 #999 P.003/006 2006 VIRGINIA! STATEWIDE FIRE PREVENTION CODE - Effective May 1, 2008 3306.4 Storage in residences. Propellants for personal use in quantities not exceeding 50 pounds (23 kg) of black powder or 100 pounds (45 kg) of smokeless powder shall be stored in original containers in occupancies limited to Group R-3 and R-5, or 200 pounds (91 kg) of smokeless powder when stored in the manufacturer's original containers in detached Group U structures that are at least 10 feet from inhabited buildings and are accessory to Group R-3 or R-5. In other than Group R-3 or R-5_ smokeless powder in quantities exceeding 20 pounds (9 kg) but not exceeding 50 pounds (23 kg) shall be kept in a wooden box or cabinet having walls of at least 1 inch (25 mm) nominal thickness or equivalent. Delete Sections 3306.4.1 and 3306.4.2. Change Section 3306.5.1.1 to read_ 3306.5.1.1. Smokeless propellant. No more than 100 pounds (45 kg) of smokeless propellants, in containers of 8 pounds (3.6 kg) or less capacity, shall be displayed in Group M occupancies. Delete Section 3306.5.1.3. Change Section 3306.5.2.1 to read: 3306.5.2.1 Smokeless propellant. Commercial stocks of smokeless propellants shall be stored as follows: 1. Quantities exceeding 20 pounds (9 kg), but not exceeding 100 pounds (45 kg) shall be stored in portable wooden boxes having walls of at least 1 inch (25 mm) nominal thickness or equivalent. 2. Quantities exceeding 100 pounds (45 kg), but not exceeding 800 pounds (363 kg), shall be stored in storage cabinets having walls at least 1 inch (25 mm) nonvnal thickness or equivalent. Not more than 400 pounds (182 kg) shall be stored in any one cabinet, and cabinets shall be separated by a distance of at least 25 feet (7620 nun) or by a fire partition having a fire -resistance rating of at least 1 hour. 3. Storage of quantities exceeding 800 pounds (363 kg), but not exceeding 5,000 pounds (2270 kg) in a building shall comply with all of the following: 3.1. The storage reern is inaccessible to unauthorized personnel. 32. Smokeless propellant shall be stored in nonportable storage cabinets having wood walls at least 1 inch (25 nun) nominal thickness or equivalent and having shelves with no more than 3 feet (914 mm) of vertical separation between shelves. 3.3. No more than 400 pounds (182 kg) is stored in any one cabinet. 3.4. Cabinets shall be located against walls with at least 40 feet (12 192 mm) between cabinets. The minimum required separation between cabinets may be reduced to 20 feet (6096 mm) provided that barricades twice the height of the cabinets are attached to the wall, midway between each cabinet. The barricades must extend a minimum of 10 feet (3048 mm) outward, be firmly attached to the wall, and be constructed of steel not less than 0.25 inch thick (6.4 mm), 2 -inch (51 mm) nominal thickness wood, brick, or concrete block. 3.5. Smokeless propellant shall be separated from materials classified as combustible liquids, flammable liquids, flammable solids, or oxidizing materials by a distance of 25 feet (7620 mm) or by a fire partition having a fire -resistance rating of 1 hour. 3.6. The building shall be equipped throughout with an automatic sprinkler system installed in accordance with Section 903.3.1.1. 4. Smokeless propellants not stored according to Item 1, 2, or 3 above shall be stored in a Type 2 or 4 magazine in accordance with Section 3304 and NFPA 495- -37- From:LIFESAFE .eguards provides protection against injury to personnel or mage to property. Operations or activities on a site where explosive ma- terials are used, stored or handled could be subject to additional or more restrictive requirements or condi- tions at the discretion of the local fire code official. D5.8.1 Protective clothing and equipment. Protective thing and equipment shall be provided to protect persons ;aged in the testing, ignition or detonation of explosive serials. aersonnel must be dressed in proper personal protec- :Ive equipment to eliminate the hazard of physical njury. )5.8.2 Site security. When tests are being conducted or )losives are being detonated, only authorized persons shall present. Areas where explosives are regularly or frequently onated or burned shall be approved and posted with ade- tte warning signs. Warning devices shall be activated before ring or detonating explosives to alert persons approaching rn any direction that they are approaching a danger zone. Jnly authorized personnel can be allowed in test area %nclosures. Audible and visible warning devices must fe used to warn nearby personnel before detonating rning any explosive material. Waste disposal. Disposal of explosive materials waste n manufacturing, assembly or testing operations shall be in ordance with Section 3304,10. lection 3304.10 addresses the issues of notification, ietedorated materials, qualified people, storage of nisfires, sites for disposal and reuse and safety for )ersonnel. SECTION 3306 SMALL ARMS AMMUNITION 16.1 General. Indoor storage and display of black powder, ,keless propellants and small arms ammunition shall com- with this section and NFPA 495. 'his section addresses storage that is prohibited; roper packages and residential and commercial stor- ge of black powder; smokeless propellants and small rms ammunition. NEPA 495 contains requirements )r these explosives. 6.2 Prohibited storage. Small arms ammunition shall not Cored together with Division 1. 1, Division 1.2 or Division explosives unless the storage facility is suitable for the stor- of explosive materials. mall arms ammunition must not be stored with explo- ives that have mass explosion, projection or fire haz- If the storage facility meets the requirements of .cal fire code official, however, this storage is al- Iwed. Separation and explosive wave prevention are vo requirements that should be met. INTERNATIONAL FIRE CODE® COMMENTARY 06/29/2009 15:10 #999 P.004/006 EXPLOSIVES AND FIREWORKS 3306.3 Packages. Smokeless propellants shall be stored in approved shipping containers conforming to DOTn 49 CFR, Part 173. Smokeless propellants must not be stored in their orig- inal factory containers. DOTn 49 CFR, Part 173 ad- dresses precautions such as not allowing metal (nails, staples, etc.) to penetrate the interior of a container, in- terior packaging not allowing contents to shift and be- come loose and packaging being made compatible with the explosives kept in the container. 3306.3.1 Repackaging. The bulk repackaging of smokeless propellants, black powder, and small arms primers shall not be performed in retail establishments. :• Bulk repackaging must be performed by qualified per- sonnel. The product should be handled by trained ex- plosives personnel and in the proper location for hu- man and property safety. 3306.3.2 Damaged packages. Damaged containers shall not be repackaged. Exception: Approved repackaging of damaged containers of smokeless propellant into containers of the same type and size as the original container. Damaged containers must not be repackaged. Smokeless propellants must not be transferred from the approved container into one that is not approved. 3306.4 Storage in Group W occupancies. The storage of small arms ammunition in Group R occupancies shall comply with Sections 3306.4.I and 3306.4.2. :• The following sections cover storage requirements for black powder, smokeless propellants and small arms primers in private residences. 3306.4.1 Black powder and smokeless propellants. Propel- lants for personal use in quantities not exceeding 20 pounds (9 kg) of black powder or 20 pounds (9 kg) of smokeless powder shad] be stored in original containers in occupancies limited to Group R-3. Smokeless powder in quantities exceeding 20 pounds (9 kg) but not exceeding 50 pounds (23 kg) kept in a wooden box or cabinet having walls of at least I inch (25 mm) nominal thickness shall be allowed to be stored in occupancies limited to Group R-3. Quantities exceeding these amounts shall not be stored in any Group R occupancy_ S• Small arms smokeless propellant intended for per- sonal use in quantities not exceeding 20 pounds (9 kg) may be stored without restriction in residences; quan- tities over 25 pounds (11 kg) but not exceeding 50 pounds (23 kg) must be stored in a strong box or cabi- net constructed with 1 -inch (25 mm) wood (minimum), or equivalent, on all sides, top and bottom. Black pow- der as used in muzzle -loading firearms may be trans- ported in a private vehicle or stored without restriction in private residences in quantities not to exceed 20 pounds (9 kg). Frorn:LIFESAFE EXPLOSIVES AND FIREWORKS 3306.4.2 Small arms primers. No more than 10,000 small arms primers shall be stored in occupancies limited to Group 17-3. ❖ NFPA495 allows storage of no more than 10,000 prim- ers in a private residence. This recommendation is law in some communities. Even a deeply involved reloader should have no reason to store in excess of 1,000 of each large rifle, large rifle magnum, small rifle, large pistol, large pistol magnum, small pistol, small pistol magnum and shotgun primers—that's 8,000 primers. 3306.5 Display and storage in Group M occupancies. The display and storage of small arms ammunition in Group M occupancies shall comply with this section. Ignited stored powder can raise pressure within the storage area; therefore, there are specific require- ments for keeping powder on hand. The first of these is never to transfer any propellant from its original con- tainer, which is designed to burst or partially open at very low pressures. Some container caps will simply just push off if the contents are ignited. 3306.5.1 Display. Display of small arms ammunition in Group M occupancies shall comply with Sections 3306.5.1.1 through 3306.5.1.3. The display quantities of smokeless propellants, black powder and small arms primers are given in the follow- ing sections, 3306.5.1.1 Smokeless propellant. No more than 20 pounds (9 kg) of smokeless propellants, each in containers of 1 pound (0.454 kg) or less capacity, shall be displayed in Group M occu- pancies. Displayed smokeless propellant must be limited to 1 pound (0.454 kg) of each type and cannot be accessi- ble to the public. The total quantity of smokeless pro- pellant not in an approved magazine is limited to 20 pounds (9 kg). 3306.5.1.2 Black powder. No more than 1 pound (0.454 kg) of black powder shall be displayed in Group M occupancies. Safety must be the first priority when black powder is accessible to the public. The 1 -pound (45 kg) limita- tion holds to the objective of keeping the public from having access to enough black powder to cause seri- ous damage if mishandled. 3306.5.13 Small arms primers. No more than 10,000 small arms primers shall be displayed in Group M occupancies. 4 -Because of their explosive nature, only the absolute minimum should be kept on display. With care in re- placing exhausted supplies, it is not difficult to adhere to the 10,000 primer limit. 3306.5.2 Storage. Storage of small arms ammunition shall comply with Sections 3306.5.2.1 through 3306.5.2.3. Generally, propellants used in sporting arms car- tridges will not explode or detonate when ignited. Burning smokeless propellants do not generate the shock wave produced by an explosive. Unlike smoke- less propellants, shock waves produced by ignition of 33-34 06/29/2009 15;10 #999 P.005/006 an explosive cannot be adequately vented, even t ignition occurs in the open. 3306.5.2.1 Smokeless propellant. Commercial stocl smokeless propellants shall be stored as follows: 1. Quantities exceeding 20 pounds (9 kg), but not ex ing 100 pounds (45 kg) shall be stored in poi wooden boxes having walls of at least 1 inch (25 nominal thickness. 2. Quantities exceeding 100 pounds (45 kg), b exceeding 800 pounds (363 kg), shall be stoi nonportable storage cabinets having walls at least (25 mm) nominal thickness. Not more than 400 p (182 kg) shall be stored in any one cabinet, and ca shall be separated by a distance of at least 25 feet mm) or by a fire partition having a fire -resistance of at least 1 hour. 3. Storage of quantities exceeding 800 pounds (363 kg)bi not exceeding 5,000 pounds (2270 kg) in a building - comply with all of the following: 3.1. The warehouse or storage room is unaccessib] to unauthorized personnel. 3.2. Smokeless propellant shall be stored''' nonportable storage cabinets having wood wa1 at least l inch (25 mm) nominal thickness. having shelves with no more than 3 feet (9 mm) of separation between shelves. 3.3. No more than 400 pounds (182 kg) is store. any one cabinet. 3.4. Cabinets shall be located against walls of •t} storage room or warehouse with at least 40'fe. (12 192 mm) between cabinets. 3.5. The minimum required separation between cab nets shall be 20 feet (6096 mm) provided th barricades twice the height of the cabinets a attached to the wall, midway between each cab net. The barricades must extend a minimum oil feet (3048 mm) outward, be firmly attachedt. the wall, and be constructed of steel not less thi 0.25 inch thick (6.4 mm), 2 -inch (51 mm) nort nal thickness wood, brick, or concrete block.- 3.6. lock 3.6. Smokeless propellant shall be separated from' materials classified as combustible liquids, Elam =: mable liquids, flammable solids, or oxidizings materials by a distance of 25 feet (7620 mm);or by a fire partition having a fire -resistance rating. of 1 hour. 3.7. The building shall be equipped throughout with an automatic sprinkler system installed in accor- dance with Section 903.3.1.1. 4. Smokeless propellants not stored according to Item 1, or 3 above shall be stored in a Type 2 or 4 magazine 10.,:1,- 4-: accordance with Section 3304 and NFPA 495. fi -*.-Storage cabinets are often made of 1 -inch -thick (25, mm} wood with one or more walls designed to open outwardor blow free at very low pressures. They 2006 INTERNATIONAL FIRE CODE® COMMENTARY_;: ;✓z . From:LIFESAFE d be many times larger than necessary to store linimum quantities of powder. Propellants must stored in the same area with solvents, flamma- ases, primers or highly combustible materials. should never be allowed in the storage areas ile handling or using powder. ,2 Black powder. Commercial stocks of black powder ties less than 50 pounds (23 kg) shall be allowed to be Type 2 or 4 indoor or outdoor magazines_ Quantities pan 50 pounds (23 kg) shall be stored in outdoor Type 2 izines. When black powder and smokeless propellants 4 together in the same magazine, the total quantity exceed that permitted for black powder. powder must be stored in a magazine no matter iantity. The guideline quantity of 50 pounds (23 the dividing line between storage in an indoor or or magazine. The code does allow storage of ;less propellants along with black powder as .s the total quantity given in this section for black ar is not exceeded. The maximum quantity is to limit the explosive potential in considering life and property damage - 3 Small arms primers. Commercial stocks of small tiers shall be stored as follows: nantities not to exceed 750,000 small arms primers bbd in a building shall be arranged such that not more Gan 100,000 small arms primers are stored in any one 4e and piles are at least 15 feet (4572 mm) apart. uantities exceeding 750,000 small arms primers stored ,, n a building shall comply with all of the following: 2.1. The warehouse or storage building shall not be accessible to unauthorized personnel. 2.2. Small arms primers shall be stored in cabinets. No more than 200,000 small awns primers shall be stored in any one cabinet. 2.3. Shelves in cabinets shall have vertical separation of at least 2 feet (610 mm). 2,4. Cabinets shall be located against walls of the warehouse or storage room with at least 40 feet (12 192 mm) between cabinets. The minimum required separation between cabinets shall be allowed to be reduced to 20 feet (6096 mm) pro- vided that barricades twice the height of the cabi- nets are attached to the wall, midway between each cabinet. The barricades shall be firmly attached to the wall and shall be constructed of steel not less than '/, inch thick (6.4 mm), 2 -inch (51 mm) nominal thickness wood, brick or con- crete block. 2.5. Small arms primers shall be separated from materials classified as combustible liquids, flam- : mable liquids, flammable solids or oxidizing materials by a distance of 25 feet (7620 mm) by a INTERNATIONAL FIRE CODE' COMMENTARY 06/29/2009 15:11 #999 P,006/006 EXPLOSIVES AND FIREWORKS fire partition having a fire -resistance rating of I hour. 2.6. The building shall be protected throughout with an automatic sprinkler system installed in accor- dance with Section 903.3.1.1. 3. Small arms primers not stored in accordance with Item 1 or 2 of this section shall be stored in a magazine meeting the requirements of Section 3304 and NFPA 495. •:• Primers must be stored in a remote area away from any possible source of ignition, including bullet impact. Primers are by nature explosive, As a result, they may explode if subjected to friction, percussion, crushing or excessive heat from any cause, whether open flame or not. Static electricity and many other abuses can cause primers to explode; therefore, public access to storage containers must not be allowed. Primers must be stored away from oxidizing agents and flammable liquids and solids. Naturally, smoking should be prohibited around primers. The storage cab- inet is strongly recommended. The cabinet should be constructed of 1 -inch -thick (25 mm) lumber to delay the transfer of heat to contents in the event of a fire or other mishap. SECTION 3307 BLASTING 3307.1 General. Blasting operations shall be conducted only by approved, competent operators familiar with the required safety precautions and the hazards involved and in accordance with the provisions of NFPA 495. •: Personnel using explosives must be at least 21 years old and possess all required federal (see 18 USC, Chapter 40), state and local approvals or permits. Em- ployees under 21 years old but at least 18 years old may serve as apprentices or assistants under direct supervision of a permittee. In addition to these require- ments, individuals who handle explosives must not: 1. Be under the influence of alcohol or drugs; 2. Smoke or carry matches or firearms; or 3. Use or carry an open flame or open flame -pro- ducing device. Many states require individuals who handle explo- sives to obtain a certificate of fitness, which is dubbed a "blaster's permit," before being authorized to handle or use explosives. The individual must be bonded or show acceptable proof of insurance, pass a written examination demonstrating an adequate understand- ing of the applicable codes and ordinances and dem- onstrate adequate experience (usually a minimum of three years) in handling explosives safely in an ap- proved apprenticeship program to obtain a fitness certificate. 33-35