PC 07-15-09 Meeting AgendaAGENDA
FREDERICK COUNTY PLANNING COMMISSION
The Board Room
Frederick County Administration Building
Winchester, Virginia
July 15, 2009
7:00 P.M. CALL TO ORDER TAB
1) Adoption of Agenda: Pursuant to established procedures, the Planning Commission
should adopt the Agenda for the meeting................................................................ (no tab)
2) May 20, 2009 Minutes..................................................................................................... (A)
3) Committee Reports.................................................................................................. (no tab)
4) Citizen Comments.................................................................................................... (no tab)
PUBLIC HEARING
5) Conditional Use Permit #04-09 for Federal Aviation Administration, for an 80 foot
Monopole Steel Telecommunications Tower. This property is located at 170 Marcel Drive
(off of Route 522 and Tasker Road), and is identified with Property Identification Number
76 -A -53B in the Shawnee Magisterial District.
Mr. Cheran ......................................................................................................................• (B)
6) Ordinance Amendment — Chapter 165 Zoning, Article IV Supplementary Use
Regulations. Revisions to the Frederick County Zoning Ordinance to include outdoor
lighting standards.
Mrs. Perkins..................................................................................................................... (C)
7) Ordinance Amendment — Chapter 165 Zoning, Article IV Supplementary Use
Regulations, Subsection 36 Landscaping Requirements. Revisions to the Frederick
County Zoning Ordinance to remove landscaping requirements as they pertain to the RA
(Rural Areas) District.
Mrs. Perkins..................................................................................................................... (D)
8) Ordinance Amendment — Chapter 165 Zoning, Article IV Supplementary Use
Regulations, Subsection 37 Buffer and Screening Requirements. Revisions to the
Frederick County Zoning Ordinance to modify the landscape elements, required buffers,
buffer modifications and waivers, and OM District additions.
Mrs. Perkins..................................................................................................................... (E)
9) Ordinance Amendment — Chapter 165 Zoning, Article X Business and Industrial
Zoning Districts, Subsection 82E. Revision to the Frederick County Zoning Ordinance
to add Standard Industrial Classification (SIC) 208 — Beverages, to the permitted uses in
the M1 (Light Industri,'
Mrs. Perkins ............... ....... (F)
FILE COPY
COMMISSION DISCUSSION
10) Ordinance Amendment — Floodplain District.
Mrs. Perkins..................................................................................................................... (G)
11) Update on Draft TIA (Transportation Impact Analysis) Standards
Mr. Bishop.......................................................................................................................(H)
12) Other
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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 May 20, 2009.
PRESENT: June M. Wilmot, Chainr►an/Member at Large; Brian Madagan, Opequon District; Gary R.
Oates, Stonewall District; Lawrence R Arnbrogi, Shawnee District; H. Paige Manuel, Shawnee District; Charles
E. Triplett, Gainesboro District; George J. Kriz, Gainesboro District; Christopher M. Mohn, Red Bud District,
Gregory S. Kerr, Red Bud District; Greg L. Unger, Back Creek District; Cordell Watt, Back Creek District; and
Roderick Williams, Legal Counsel.
ABSENT: Roger L. Thomas, Vice Chainnan/Opequon District; Richard Ruckrnan, Stonewall District.
STAFF PRESENT: Eric R. Lawrence, Planning Director; Michael T. Ruddy, Deputy Planlug 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 & ADOPTION OF AGENDA
Chairman Wilmot called the meeting to order at 7:00 p.m.
Upon motion made by Conunissioner Kriz and seconded by Con11171zssioner Triplett, the Planning
Commission unanirnously adopted the May 20, 2009 agenda for this evening's meeting.
MINUTES
Upon motion made by Commissioner Kriz and seconded by Conunissioner Triplett, the Planning
Cormnission unanimously approved the minutes of the April 1, 2009 meeting.
COMMITTEE REPORTS
Transportation Committee — 05/18/09 Mtg.
Conunissioner Oates reported that the Transportation Corrnnittee discussed three items: The
first was the County's study of TIA (Transportation Impact Analysis) requirements; the committee continued to
fine tune the language and will invite a representatwe from the Top of Virginia Builders Association to attend the
Frederick County Plamning Commission Page 2469
Minutes of May 20, 2009 N UN Al
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next meeting. He said this should finalize the study. The second item was an informational update from the
Deputy Director -Transportation regarding new Street Acceptance Requirements from VDOT. The final item teras
also an informational update from VDOT regarding the speed limits and signage on Apple Pie Ridge Road.
VDOT will be placing larger speed limit signs to alert drivers.
Sanitation Authority (SA) - 05/19/09 Mtg.
Commissioner Unger reported that the SA held election of officers and the existing officers were
re-elected. Commissioner Unger reported rainfall for the month of March was up at 3.3 inches and was much
needed because area groundwater is still down due to the absence of winter sno-,v. He said there was 4.95 mg of
flow per day; about 1.3 mgd continues to be purchased from the City of Winchester. He said the SA is striving to
reduce that amount to 1.2 mgd; the City of Winchester will soon be raising their rates about 11%. Commissioner
Unger reported that the Diehl Plant was running at full capacity ui March because of rainfall; the Parkins Mill
plant was also running well, but at full capacity. He added that the Parkins Mill Plant is still on schedule to be
finished this fall.
Community Facilities Subcommittee — 05/15/09 Mtg.
Commissioner Kriz reported that the subcommittee discussed: 1) the format of the Conninunity
Facilities Chapter update and became familiar with how the Chapter is going to be set up; 2) the coordination of
each individual department sections into the Chapter; this ��ill be accomplished by staff with assistance of Jim
Golladav and Joanne Leonardis; 3) new material that each department would want to include in the update; and,
4) a coordinated approach to obtaining early public input. Continissioner Kriz reported that ±he group will be
meeting again on Friday, June 5, to present their sections of the Chapter update.
Appointment to Comprehensive Plans & Programs Committee
Chairman Wilmot announced that Commissioner Madagan has agreed to serve on the
Comprehensive Plans & Programs Conmiittee. She noted that Commissioner Madagan is specifically interested
in the business development chapter.
CITIZEN COMMENTS
Chainnan Wilmot called for public continents on any subject not on the Commission's agenda
for this evening. No one came forward to speak.
Frederick County Plaivning Commission Page 2470
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Minutes of May 20, 2009 MA I V 7
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PUBLIC HEARING
Conditional Use Permit 903-09 for Charles and Ruth Hale for a country general store at 7517
Northwestern Pike, at the corner of Route 259 and Route 50. This property, zoned RA (Rural Areas) is
identified with P.I.N. 27-A-47 in the Back Creek Magisterial District.
Action — Recommended Approval with Conditions
Commissioner Oates said he would abstain from all discussion and voting on this conditional use
permit due to a possible conflict of interest.
Zoning and Subdivision Administrator, Mark R Cheran, reported that a country general store is
a pennitted use in the Rural Areas (RA) Zoning District with an approved conditional use permit (CUP). Mr.
Cheran said the proposed use will occur within a 1,560 square -foot building; no on-site vehicle fuel sales or
outdoor display areas will be permitted on the premises. He said the use will have carry -out food sales only and
no seating for meals will be available on the site. He noted that an approved site plan will be required prior to
operation of the proposed country store. Mr_ Cheran noted that the proposed use is consistent with the goals and
policies of the Frederick County Comprehensive Plan with regards to the rural areas. He next read a list of
reconunended conditions, should the Conunission find the use to be appropriate.
Mrs. Ruth Hale and Mr. Charles Hale were available to answer questions from the Conunission.
Cornrnissioner Kriz asked the applicants if they were satisfied with the conditions to be attached to the permit.
Mrs. Hale said they were satisfied and in agreement with the proposed conditions.
Commissioner Unger asked the Hales if they were planning on doing any improvements to the
outside of the stricture. Mrs. Hale said they have hired a contractor and have already started the improvements.
Mrs. Hale said they also had the building official, Mr_ John Trenary, come out to the site and they have received all
the necessary permits.
Chairman Wilmot called for citizen comments; however, no one came forward to speak.
Commissioner Watt said he lived fairly close to this site and he travels by it frequently. He said
it has not been in operation for the past 10-12 years. Conumssioner Watt believed Mrs. Hale was trying to do the
right things and work with the County to improve the appearance of the site and structure.
Conunissioner Watt made a motion to recommend approval of the conditional use permit with
the conditions as reconmlended by the staff. This motion was seconded by Conunissioner Unger and was
unanimously passed.
BE IT RESOLVED, that the Frederick County Planning Commission does hereby unanimously recornmend
approval of Conditional Use Permit 903-09 of Charles and Ruth Hale for a country general store at 7517
Nortlltvestenl Pike, at the comer of Route 259 and Route 50, with the following conditions:
All review agency comments and requirements shall be complied with at all times.
2. An engineered site plan shall be submitted and approved by Frederick County and implemented prior to
operating store activities on site.
Frederick County Planning Commission(� jP+ Page 2471
Minutes of May 20, 2009 L) ISI I
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One monument sign shall be allowed on the property; the sign shall be limited to 50 square feet in area.
The sign shall not exceed ten feet in height.
4. No on-site vehicle fuel sales allowed.
No outdoor display of goods_
6. Carry -out food only; no seating allowed for meals.
Any expansion or change of use will require a new conditional use permit.
(Note: Connrnissioner Oates abstained; Commissioners Thomas and Ruclanan were absent from the meeting.)
PUBLIC MEETING
Rezoning 902-09 of the Bishop -Amari Property, submitted by Greenway Engineering, to rezone 2.77 acres
from RA (Rural Areas) District to B2 (Business General) District, with proffers, for commercial uses. The
property is located in the northeast quadrant of the intersection of Martinsburg Pike (Route 11) and Old
Charles Town Road (Route 761). The property is further identified with P.I.N. 44-A-43 in the Stonewall
Magisterial District.
Action — Reconarnended Approval with Proffers
Depute Planning Director, Michael T. Ruddy, reported the Planning Commission held their
public hearung on this rezoning at their April 15, 2009, meeting. Mr. Ruddy said following that public hearing,
the applicant provided the Planning Commission with an updated proffers statement, dated April 27, 2009. He
said the revised proffers statement includes several modifications discussed by the Plaiuung Commission, such as
the shared site access from Old Charles To-vNn Road (Route 761), and a variety of design elements, such as the
gasoline pumps and landscaping along both road frontages, as well as the transportation impacts associated with
the request. Mr. Ruddy also noted that the applicant's proffered monetary contribution aimed at mitigating
transportation impacts at the intersection of Martinsburg Pike and Hope«ell and Brucetowri Roads has increased
from $5,000 to $10,000. He said the proffer also has the potential to uicrease to $25,000 if a convenience mart
with gas pumps is developed on the property.
Mr. Evan A. Wyatt, with Greenway Engineering, was representing this rezoning application.
Mr. Wyatt noted that the right-of-way dedication plat accounts for the right-of-way that VDOT and Frederick
County concluded would be necessary to implement the ultimate road section for the urban four -lane divided
highway on Martinsburg Pike (Rt. 11) and for the urban two-lane section on Old Charles Town Road (Rt. 761).
Mr. Wyatt said this dedication comprises 3/10 of an acre of a 2.7 -acre site and, as a result, the developable area of
the property has been reduced to 2.4 acres. He said the pavement improvements prepare the property's frontage
for future Route I 1 improvements, which includes the two northbound travel lanes and a separate channelized
front -tum lane. On Old Charles Toxvn Road, pavement will provide a right -turn lane into the entrance, a
channelized right -turn lane with raised median improvements, curb and gutter, and a five-foot sidewalk along the
entire property frontage.
Frederick County Planning Commission
Minutes of May 20, 2009
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Regarding the right -turn in, right -turn out entrance offMartinsburg Pike (Rt. 11), Mr. Wyatt said
the applicant has significantly extended the island median, creating a channelized movement for turning into the
property and it discourages left -turn movements.
Mr. Wyatt noted that during the previous meeting, the Commission wanted assurances that the
nurnber of fueling pumps would be limited to eight total stations with a total of 16 fueling pumps_ Mr. Wyatt said
he spoke with Kim Rice at H.N. Funkhouser to determine if there was industry -standard language and the term
utilized is "fueling positions," so the proffer has been refined to state, "a maximum of eight pumps with two
fueling positions each, for a total maximum of 16 fueling positions." He said an additional request at the
Planning Commission meeting was to make sure the reciprocal egress/ingress easement for the two properties was
solely for access to Old Cnarles Town Road (Rt_ 761); he said this has been provided for in the proffer statement.
_Usaid another issue raised by the Planning Commission was who would maintain the plaza
area, as well as the kiosk sign. Mr. Wyatt said it was determined that the plaza and kiosk will be maintained by
the commercial property owners. In addition, he said more specificity on the types of landscaping plantings to be
used was added to the proffers, which was satisfactory to the staff.
Mr. Wyatt said the County Attorney had requested more clarification on when the right-ol way
dedication would occur_ Mr. Wyatt said language has been crafted with VDOT's concurrence and was provided
to the Con-imonwealth prior to the issuance of the VDOT land use permit necessary to construct the
improvements.
Regarding the revised monetary contribution for the Hopewell/ Brucetovcn Road improvement
project, Mr. Wyatt said the amount was increased to $10,000 and if a convenience store AVMA gasoluie pumps was
developed on the property, the contribution xkrould be increased to $25,000. He explained that this dollar amount
was based on the traffic study -6,500 vehicle trips projected to be generated by this site based on the proposed
land use. Of those 6,500 vehicle trips, about 5,200 trips are associated with the convenience store with gasoline
pumps. Mr. Wyatt said the applicants are willing to further increase the contribution, with the approval of the
rezoning, from the $10,000 contribution to a $25,000 contribution and, if the convenience store with gasoline
pumps would be the land use developed, the $25,000 contribution would increase to $50,000. He said this
contribution clearly makes this proposal in complete parity with surrounding projects.
Members of the Commission asked if the access drive at the rear of the property could be shifted
to the east and the entrance moved on Old Charles Town Road (Rt. 761), thereby eliminating the inactive portion
of the buffer and gaining the applicant 25 feet. Planning Director, Eric R. LaANTence, stated that there is an
opportunity for the two property owners to enter into a shared easement agreement. Mr. LaxATence said the
inactive portion could be placed on the M 1 and the road constructed down the property line; however, the
applicant would have to have an agreement with the adjacent property owner.
Conunissioner Oates inquired about Parcel Number 42, the Cutshaws' property; he asked if
there were any discussions with them about moving the entrance further down. Mr. Wyatt said discussions with
the Cutshaws has been minimal; he said they provided the Cutshaws with an exhibit; however, they wanted to
meet with other family members and have not yet made a decision on whether they are willing to work with the
applicant.
Chairman Wilmot called for citizen comments; however, no one came forward to speak.
Commissioner Oates made a motion to recommend approval oftherezoning with the acceptance
of the change in the proffered transportation dollar amount for the Hopewell/ Brucetown Road improvements
from $10,000 to $25,000 and, if the convenience store «lith gasoline pumps would be the land use developed, the
Frederick County Planning Commission (� Page 2473
Minutes of May 20, 2009# 1 7
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$25,000 contribution would increase to $50,000_ Commissioner Oates also included a recommendation that
moving the entrance on Old Charles Town Road (Rt. 76 1) further east be fully discussed and considered with the
owners of Parcel Number 42 and a response provided before this rezoning is forwarded to the Board of
Supervisors. This motion was seconded by Commissioner Kriz and unanimously passed.
BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of
Rezoning #02-09 of the Bishop -Amari Property, submitted by Greenway Engineering, to rezone 2.77 acres from
RA (Rural Areas) District to B2 (Business General) District, with proffers, for commercial uses, with the
acceptance of the change in the proffered transportation dollar amount for the Hopewell/ Brucetow n Road
improvements from $10,000 to $25,000; and, if the convenience store with gasoline pumps would be the land use
developed, the $25,000 contribution w=ould increase to $50,000; and, with a recommendation that moving the
entrance on Old Charles Town Road (Rt. 76 1) further east be fully discussed and considered with the owners of
Parcel Number 42 and a response provided to the county before this rezoning is fors=.yarded to the Board of
Supervisors.
(Note: Connnissioners Thomas and Ruckman were absent from the meeting.)
COMMISSION DISCUSSION
Discussion of an ordinance to amend the Frederick County Code, Chapter 165, Zoning, Article IV,
Supplementary Use Regulations, to include outdoor lighting standards.
Senior Plainer, Candice E. Perkins, reported that outdoor lighting has become an issue over the
past few years because the zoning ordinance contains no standards to regulate the intensity or placement of
lighting. Ms. Perkins said the only requirement currently within the ordinance is that lighting will not create a
nuisance due to glare. She said the staff has drafted some lighting standards to better regulate the levels. Ms.
Perkins said the Planning Coni nission discussed this proposed ordinance amendment on October 15, 2008, and
forw=arded a favorable reconunendation to the Board of Supervisors. She said the Board discussed the
amendment at their October 22, 2008, and, at that meeting, the Board expressed concerns over lighting sources,
the basis for proposing lighting levels, and issues regarding canopy lighting, as well as enforcement of the
ordinance. She said the Board ultimately requested that the proposed amendment be sent back to the Planning
Commission for further discussion. Ms. Perkins said the ordinance before the Conunission this evening is a
slightly modified version of the standards the Commission previously reviewed.
Ms. Perkins said the proposed standards include elements that apply to non-residential and
residential uses; they include maximum heights for lighting fixtures, shielding requirements, requirements for
photometric plans to be included with site plans, intensity maximums for cormnercial and multi -family uses, and
also definitions which correspond to the new lighting standards. Ms. Perkins noted that this ordinance does not
require lighting, but sets maximum levels for lighting for users that want outdoor lighting. She said enforcement
of the ordinance will be by the Planning Department. She added that the ordinance strives to ensure that lighting
is installed properly when sites are initially developed, so the Plarming Department doesn't have to go back later
with complaints from adjacent property owners.
Convnissioner Kriz asked if other counties have similar ordinances and Ms. Perkins replied that
most surrounding counties already have a similar outdoor lighting ordinance in place.
Frederick County Planning Commission Page 24 /4
Minutes of May 20, 2009 9
Commissioner Manuel inquired if the terns, "completely screened," is an active screening
element such as landscaping or fencing. Ms. Perkins said it is a reference for full cut-off fixtures or directionally
shielded Iight, so it faces the ground. She said no additional buffers, such as fencing, would be required.
Commissioner Ambrogi asked if the proposed ordinance would apply to private homes in
subdivisions, as well as commercial and industrial uses. Ms. Perkins replied it would not apply to residential
properties, such as single-family dwellings; however, it will apply to properties with parking lots, such as
toxkmhouses, condominiums, etc_ She said if parking lot fixtures are installed within a residential parking lot, the
outdoor lighting ordinance would need to be followed. She noted that if a homeowner installs private lighting, it
would not apply; holiday lightung is also exempt.
Commission members believed the proposed ordinance would provide the Planning Staff with
the tools needed to implement the intent of the exisfing ordinance. Since the amendment did not pertain to
residential homes or holiday lighting, and it focused only ori commercial and industrial uses, the Commission did
not believe it ;would create a significant change.
Ms_ Perkins said this item was being presented for discussion at this time. She said the
conmlents from the Planning Conunission would be forwarded to the Board of Supervisors.
VIRGINIA DEPARTMENT OF TRANSPORTATION SECONDARY STREET ACCEPTANCE
Deputy Planning Director -Transportation, John A. Bishop, reported that staff has been following
and corrunenting on the Secondary Street Acceptance Standards since the first version was released back ill 2007.
Mr. Bishop said the standards have changed a fair amount since its initial release, but lately it has received more
attention as the public has become aware of issues such as cul-de-sacs. Mr. Bishop granted to provide an update
on the standards and hopefully, ease some of the fears and 'help to educate the public on what it is, and is not,
untended to accomplish.
Mr. Bishop said the basics for getting an individual street into the system have basically stayed
the same; he said the requirements still include the necessary three lots and there still needs to be a public benefit
to the citizens. Mr. Bishop next talked about the cul-de-sac issue and why it has gained so much attention. He
said there will be fewer cul-de-sacs with new approvals because of the introduction of a connectivity index. He
said the connectivity index is basically the number of street segments divided by the number of intersections,
which will provide a ratio number. This number is broken out into different area types. First, is the compact area
type, which is mostly urban development areas, with a connectivity index of 1.6; neat is the suburban type, which
are areas outside of the UDA, with a connectivity index of 1.4; and the rural areas have no connectivity index
applied, however, there are still issues that will affect some of the Rural Preservation Subdivisions, which is
where there are more cul-de-sacs.
Mr. Bishop showed a map indicating the areas where the connectivity index would be applied by
VDOT. He said VDOT has empowered localities to determine where they would like these areas applied;
however, it is not intended for counties to apply the rural areas standard to their entire county in order to opt out.
If there are parts of the TJDA that are better served with a suburban standard, it can be applied, or if there are
parts of the suburban area that would be better served by a compact area type, that can be allowed. Mr. Bishop
said it would also allow counties to deal with plarniing for their rural conununity centers. He said, for example, it
may be more responsible N-Ath planning to apply a suburban standard as opposed to leaving the community
centers with a rural standard. Mr. Bishop proceeded to explain the details of the standards for the Commission.
Frederick County Planning Commission Page 2475
Minutes of May 20, 2009 r, I
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Commissioner Oates asked about a situation where steep topography wouldn't necessarily make
the best road, but connectivity to the adjoining property was required to be constructed. Mr. Bishop replied there
were items that reduced the burden of the connectivity index and topography was just one of those. He said
VDOT will reduce the obligation for connectivity based on any limitation the property might have, such as
topography, a bordering limited access highway, an incompatible neighboring use, or some other obstacle.
Mr. Bishop said concern was expressed that the county may end up with the responsibility for
various roads beginning July 1. He explained that VDOT has a very liberal grandfathering policy and basically, if
some level of approvals and vesting has been received before July 1, 2009, you will be grandfathered and there is
currently no expiration date for the grandfathering.
Conunissioner Oates asked why cul-de-sacs presented a problem. Mr_ Bishop replied there
wasn't anything intrinsically wrong with cul-de-sacs; however, in some areas of the state there are developments
consisting almost entirely of cul-de-sacs. Mr. Bishop explained the probl-ena with that is it creates a development
that relies on a single connection point to the main roads of the conunwiity. He said this results in putting a much
greater burden on existing streets as opposed to making connections and defusing traffic; he said motorists would
not have to drive tnvo miles to a connection they were actually only a half mile from.
Conunissioner Oates gave an example ofdeveloping a 200 -acre parcel and the connection was
made to a property that had poor access_ He said with the new connection, the adjoining property can now
develop his property; which he couldni't do before. Commissioner Oates asked if the property owner had an
obligation to pay anything towards the road that was constructed to make his property valuable. Mr. Bishop said
this issue was discussed at VDOT training; however, it was determined to be easier to make each property o -w ner
responsible for his ownn.
Mr. Bishop said it will be important to review Frederick County's ordinance as it relates to cul-
de-sac lengths in order to avoid a conflict. He said it will also be important for the county to decide where it
wants the different standards applied so that the county can make those areas work best for what we have
planned.
No action was needed by the Comnussion at this time.
CANCELLATION OF THE PLANNING COMMISSION'S JUNE 3, 2009 MEETING
Chairman Wilmot announced there were no pending applications for the Connlission's Julie 3,
2009, meeting.
Upon motion made by Conunissioner Kriz and seconded by Con viu ssioner Triplett, the Planning
Con -m ssion voted unanimously to cancel their June 3, 2009, meeting.
Frederick County Planning Commission Page 2476
Minutes of May 20, 2009 11
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AWOURNMEN T
No fwuther business remained to be discussed. Upon motion made by Commissioner kriz and
seconded by Convnissioner Triplett, the meeting was adjourned at 8:00 p.m. by a unanimous vote.
Respectfully submitted,
June M. Wilmot, Chain-nan
Eric R. LaXATence, Secretary
Frederick County Planning Conmlission
Minutes of May 20, 2009
Page 2477
CONDITIONAL USE PERMIT #04-09
�4�cK cOL�a FEDERAL AVIATION ADMINISTRATION
} Staff Report for the Planning Commission
w Prepared: June 30, 2009
Staff Contact: Mark R. Cberan, Zoning Administrator
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on
this request. It may also he useful to others interested in this zoning matter.
Reviewed Action
Planning Commission: 07/15/09 Pending
Board of Supervisors: 08/12/09 Pending
EXECUTIVE SUMMARY:
This is a request for a Conditional Use Permit to enable the construction of an 80 -foot Monopole
Steel Telecommunication Tower.
Should the Planning Commission find this use appropriate, Staff would suggest the following
conditions be placed on the CUP:
2
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5.
All review agency comments and requirements shall be complied with at all times.
The tower shall be available for co -locating personal wireless services providers.
A minor site plan shall be approved by Frederick County.
The tower shall be removed by the applicant or property owner within twelve (12) months
of abandonment of operation.
In the event a telecommunications tower is not erected within twelve (12) months of the
approval of this Conditional Use Permit, the CUP will be deemed invalid.
6. Any expansion or modification of this use will require a new Conditional Use Permit.
Page 2
Conditional Use Permit #04-09
Federal Aviation Administration
June 30, 2009
LOCATION: This property is located at 170 Marcel Drive (off of Route 522 and Tasker
Road).
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBER: 76 -A -53B
PROPERTY ZONING & PRESENT USE:
Zoned: Ml (Light Industrial) Zoning District
Land Use: Office/Warehouse
ADJOINING PROPERTY ZONING & USE:
North: M-1 (Industrial, Light)
South: RA (Rural Areas)
East: M-1 (Industrial Light)
West: RA (Rural Areas)
Land Use:
Warehouse
Land Use:
Vacant
Land Use:
Vacant
Land Use:
Residential/Vacant
PROPOSED USE: This application is for an 80 -foot Monopole Steel Telecommunication
Tower.
REVIEW EVALUATIONS:
Virginia Department of Transportation: The application for a conditional use permit for this
property appears to have little measurable impact on Route 787, the VDOT facility which would
provide access to the property. Existing entrance is adequate for proposed use. However, should
use ever expand in the future, the entrance may have to be upgraded to VDOT commercial
standards.
Fire and Rescue: Plan approval recommended.
Inspections Department: Structure shall comply with The Virginia Uniform Statewide Building
Code and Section 312, use group U (Utility and Miscellaneous) of The International Building
Code 2006. The structure is required to comply with Chap 15 & 16 of the IBC 2006 for
structural load, as well as Section 3108 for Towers. The tower shall be located and equipped
with step bolts and ladders so as to provide ready access for inspection purposes. The tower
Page 3
Conditional Use Permit #04-09
Federal Aviation Administration
June 30, 2009
shall not cross or encroach upon any street or other public space, or encroach upon any privately
owned property without written consent of the owner of the encroached -upon property. (See
3108.2, Location and Access.) Special instructions per Chap 17 TBC 2006 apply to this
structure. Plans submitted for review shall be sealed by a Virginia Registered Design
Professional.
Sanitation Authority: No comment.
Winchester Regional Airport: We determined that the proposed 80' monopole tower does not
penetrate any FAR Part 77 surfaces; therefore development at the proposed site should not
impact current or fiiture operations at the Winchester Regional Airport. This comment is based
on the information you provided which was reviewed by our engineering firm, Delta Airport
Consultants, Richmond, Virginia. Since the lat/long coordinates and ground elevation were not
provided, this decision was based on information gathered through online data. If any time the
proposed tower height exceeds 100 AGL, the Winchester Regional Airport Authority requests
the following condition be met: Applicant file 7460-1 with the Federal Aviation Administration
in accordance with Part 77.13(a)(2)(i) regulations with notification of such application sent to the
Winchester Regional Airport Authority for review and comment before approval by Frederick
County Planning. Please be sure to notify my office of any changes to proposed site plan should
the height exceed 100 feet.
Planning and Zoning: The 2007 Comprehensive Policy Plan„ of Frederick County
("Comprehensive Plan") provides guidance when considering land use actions. This proposed
80 -foot commercial telecommunication facility is located on property within Eastgate
Commence Center. The Eastgate Commence Center is within Southern Frederick Land Use Plan
(SFLUP), and the Sewer and Water Service (SWSA) as indicated in the Comprehensive Plan.
The properties adjacent to this proposed CUP are zoned M-1, with the properties to the south and
west being zoned RA. There are no properties of significant historical value or any historical
sites adjacent to this proposed use.
The Frederick County Zoning Ordinance allows for Commercial Telecommunication Facilities
in the M1 (Light Industrial) Zoning District with an approved Conditional Use Permit (CUP).
The Frederick County Zoning Ordinance specifies that a CUP for a commercial
telecommunication tower may be permitted provided that residential properties, land use
patterns, scenic areas and properties of significant historic values are not negatively impacted.
Furthermore, additional performance standards shall apply to the CUP review in order to
promote orderly economic development and mitigate the negative impacts to adjoining
properties. This proposed use is more than 100 feet from any residential structure, and the rear
of the property is wooded.
Page 4
Conditional Use Permit 404-09
Federal Aviation Administration
June 30, 2009
STAFF CONCLUSIONS FOR THE 07/15/09 PLANNING COMMISSION MEETING:
This is a request to seek approval for the construction of an 80 -foot monopole steel
telecommunication tower. Should the Planning Commission find this use appropriate, Staff
would suggest the following conditions be placed on the CUP:
All review agency comments and requirements shall be complied with at all times.
2. The tower shall be available for co -locating personal wireless services providers.
3. A minor site plan shall be approved by Frederick County.
4. The tower shall be removed by the applicant or property owner within twelve (12)
months of abandonment of operation.
5. In the event a telecommunications tower is not erected within twelve (12) months of the
approval of this Conditional Use Permit, the CUP will be deemed invalid.
6. Any expansion or modification of this use will require a new Conditional Use Permit.
�■ °■ ■ ■ • ■ ■ ■ � ■ ■i-�� �yj'F gio`�.r, t. PV�4 'ill �+\�,\ ` Y k ,� \„ f ', t4`Y
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7ederal Avian®n Administration
CUP # 04 - 09 CURRENT ZONING
PIN: 76 - A - 53B
76 A 48A
. i / t ■ t. ! ", 1 , _ .
_47 .', \ . ALLDEN LLC,
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Case Planet: Mcheran
f't*i Future Rt37 Bypass ZOHIHg N12 (Indnitrial, General District)
C) Application BI (Business, Neighborhood District) 4W MHI (Mobile Hume Community District)
o w`/ Urban Development Area B2 (Busmess, General Disfrlst
) 41W MS (Medical Support District)
SWSA ' B3 (Busmess, Industrial Transifwn District) •, RJ (Residential Planned Communit3 District)
EM (Estracfiye Manufacturing District) 41� R5 (Residential Recmafimud Commuudy District)
-7 HE (Higher Education District) �) RA (Rural Area District)
M1 (Industrial, Light District). RP (Residential Performance District)
Submittal Deadline
P/C Meeting
BOS Meeting
APPLICATION FOR COND_TTIONA� USE PERMIT
FREDERICK COUNTY, VIRGINIA
Q- VD
i. Applicant (The
applicant
if the
owner
other)
NAME: d'�
�— b' d
k -r i c N --
A O A
a k y r - t O N
ADDRESS: 3*cr ��vp �`�: 5oyvS tW�j QZ3 '' 2�507-4
TELEPHONE ���.• `�5- At��7 00- z-C;P'z - 3e5-
2. Please list all owners, occupants (adult individuals as well
as any entities occupying the property), or parties in the
interest of the property:
EL -MA #J lzi&'r A S5vc 1 A --r e S L-
3. The property is located at: (please give exact directions and
include the route number of your road or street)
4. The property has a -road frontage of feet and a
depth of gy t7 45 feet and consists oo?' 11z81' 1 acres.
(Please be exact) � ,� / 10
5. The property is owned by ._ `'"
as
evidenced by deed fromIF, A&cj%L � ." ,_�, recorded
(previous owner)
in deed book no. 7on page 54 , as recorded in the
records of the Clerk of the Circuit Court, County of
Frederick.
6. Tax (Parcel) Identification (T. D.) No.(3-
Magisterial District
Current Zoning PIM +—
7. Adjoining Property:
USE ZONING
North,' rA 01
East M rv!
JL)Utll 1Z fas!eA Q A.
e
West ?I cL �
- rA
8. The type of use proposed is (consult with the Planning Dept. before completing)
a
9. It is proposed that the following buildings will be constructed:
10. The following are all of the individuals. firms, or corporations owning property adjacent
to both sides and rear and in front of (across street from) the property where the requested
use will be conducted. (Continue on back if necessary.) These people will be notified by
mail of this application:
NAME W 3q, J G i l TS '`;; Qfi
PROPERTY ID# 0 0 N4
NAME I C. 1 b -T59 C3 �J Lp
PROPERTY ID# (:.-IZ) 3 f' E 6
ADDRESS 7-9d7e a. SFAyRAI, I;U1 CT60
A6zt-I#J<T+N�, V-4
ADDRESS Z, *o S. 5 14 1 O? L Q a) <. Tt-1i
VA
NAME %f"' L G 1A TS 90 J4 ADDRESS `2:. S dwa .- S P1 m e- L t 4`% 1" '9"1
PROPERTY ID# C>
NAME ekV-; N�r�� e�p;az.a S. a.I P 4DDRESS % o ! s� 0 0&L F, °>>;At4
�zVA zz4C3
PROPERTY ID#
NAME A FAAl Q GAS PZ44r-L L L C, ADDRESS a%e-i V
PROPERTY ID# 0 cl, S 13 6 3 7,
NAME 5A R (GSN-F, ; mt;A VT DRES S 'L a W 14 1-r;i 0 AV A
5 T, � �'
PROPERTY ID#
I
11. Please use this page for your sketch of the property. Show proposed and/or existing
structures on the property, including measurements to all proper- lines.
3
COMMONWEALTH LAND TITLE INSURANCE COMPANY
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ALTAIACSM LAND TITLE SURVEY
PREPAREb. FOR:
°4M/W1INV98TOAS, INC.
"oft P.rW AJenur;, SUItt 2704
1 L'"NvV Yr1tk.�NY
Ph- e' N2'838'2700
FPro:212-755-9818
174•INarcel Drive";
Shawnee Mbglbhelial District
:•Caunty.ot Frederick
6Y. ser R..,....n..,...,.,._........
-. E"L TV, L s,ART FBI A►7S"'"'Ctl _E.3
TAX MAP INFORMATION
f
F rP1VaJCe
'
y
t
i
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t
r` k
JpIt�M1S PIN I.,,P,
R 52
UZ MIR!
3
Al
TO. 16 V .
PiN
-
ICS L'i V, k
EO- 0.00'
'�1csA 50
•36.46'
R • aa_un'
LYRE
! NOTES:
1. FAL'fOAED REACTIONS F�.FCiY61 TA ION DESTC2!
MWIENT ��iDiFi=fiTPTi
VERTICAL - 18,235 i
2.6ALVANIUD PER ASTM A -t23.
3. DESIGN CRITERIA: EIA/TIA 221-G
A. THIS STRUCT(RIE HAS DEEM DESIGNED FOR THE F6(I_6WING LOADING'
EIIPOSURE CATEGORY • C
STRUCTURE CLASSIFICATION . 3
TOP(IBRgPMT CAiEDO" 1
EARTiY�IAKE SPECTRAL /TESPDNSE ACCELERATION At SHORT PERIODS
SDS a 0.0D
AIAq A0_C N IAAE DASED DN 3 SECOND GUS, AND 100 YEAR YM RETURN PERIRA)
D. CCASSEE 2 XI NO 30 wM tCI'EEIAIQ S�EWIND SPEED
DESIGN LAP SPLICE s 42.00' C. CA52 3:IS
I WINDS-- beMPHWINDISPEED
D. £DUiPiENT
XTG .1- HTEN7A ID
WITH ICE
E= EPA
DEGCRIFTION _-_�- 0'T) (FTI (FT) (FT«y D.DS)
PA NT
(FT*•2) 0841
1-U9h"l-q Red, 15' 80.OD 80.00 0.O0 ---3.60 100
2-10 Y 3' Nhlp ]9.00 79.00 0.00
5.10 125
8.00 50
y 2 -Ant. MRC.. ATS. 5 74.00 79.00 0.00 11.26 320
y NX1plDPb' Ola
8.38 I48
21.38 506
65 00 66 OD O 0 0 D.00 7[. DO 134 550
192
2 5
AiI MX 60
22.20
0o
0,,h,A6. Dia 6006 0 0.00 7t.2b 562 j;; 343 1002
3_ FEESSLINES ARE RACED INTERIOR TO POLE SHAFT DF(CESS NOTED OTHENNISES.
1pn
PLATES
Iad2
Quoting Tool for Singls Drilled Pier Foundations
T
-80
.. A
Customer Name: Shenandoah Towex
Ito.: I er
Tower Reactions:
Shear: 11.86 7 kJP5
kIp5 This is the template diameter.
0 oundation Design:
-:i 5.0
D iarneter
---Depth., 33.0
ft
E-above:g
es. -
Concrete Volume: 24.36
oy
MeDar Wes
Rebar Size 8 in a 4.5 ft cage
Quote 11121/2008 2:38 PM
OAA Slt'E2
Winchester, VA
ever
Aprint)
VAA SITE 21
Winchester, VA
_Proposed
Equipment Racks
Existing
Patio Area.
F
zV
Proposed
80' Monopole Tower
(Approx. 5'x 5' footprint)
12. Additional comments, if any:
I («Te), the undersigned, do hereby respectfully make application and petition the governing body
of Frederick County, Virginia to allow the use described in this application. I understand that the
sign issued to me when this application is submitted must be placed at the front property line at
least seven (7) days prior to the first public hearing and maintained so as to be visible until after
the Board of Supervisors' public hearing. Your application for a Conditional Use Permit
authorizes any member of the Frederick County Planning Commission, Board of Supervisors or
Planning and Development Department to inspect your property where the proposed use will be
conducted.
Signature of Applicant"
®
""
Signature of Owner � P � 1 l�f/t i'"
Owners' Mailing Addre s�; � ct°� r-rdr
� � � t � g-�,. A,
/� ire_ fds% p p�. y��.:
f
-,.Pr�t4
Owners' Telephone No. f 6 - O --
TO BE COMPLETED BY THE ZONING ADMINISTRATOR:
USE CODE:
RENEWAL DATE:
141
12. Additional comments, if any:
I (we), the undersigned, do hereby respectfully make application and petition the governing body
of Frederick County; Virginia to allow the use described in this application. I understand that the
sign issued to me when this application is submitted must be placed at the front property line at
least seven (7) days prior to the first public hearing and maintained so as to be visible until after
the Board of Supervisors' public hearing. Your application for a Conditional Use Permit
authorizes any member of the Frederick County Planning Commission, Board of Supervisors or
Planning and Development Department to inspect your property where the proposed use will be
conducted.
Signature of Applicant
Signature o Owner � �y-----
Owners' Mailing Address
OvAmers' Telephone No. X16- - 2.6n- 0077
TO BE COMPLETED BY THE ZONING ADMINISTRATOR:
USE CODE:
RENEWAL DATE:
Y.
CO
w � Special Limited Power of Attorney
,x 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, Suite 202, Winchester, Virginia 22601
Phone 540-665-5651 Facsimile 540-665-6395
Know All Men By Those Present: That I (We)
(Name 11� : v i!` 1
i' f. - (Phone)
514 'ZD7
y�
(Address) p 00 ��.✓t � C-fU' i��'_� ( .fit � � � C� � '� ,fit` �� �� �� �t
the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in th
Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by o
o4c,(D f } It t
Instrument No. on Page , and is described as 1
Parcel Lot: Block: c _ Section: Subdivision:
do hereby make, constitute and appoint:
(Name){y' 0`f _ t e'er G k r�J (Phone) Z®Z' 105-4127-
At
05-4127-
Ft
(Address) 300 . D :5� W WAS
To act as my true and lawful attorney-in-fact for and in my (our) name, place, and stead with full power and
authority I (we) would have if acting personally to file planning applications for my (our) above described
Property, including:
❑ Rezoning (including proffers)
ArK Conditional Use Permits
❑ baster 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. ,{a
In witness thereoA, J(we) have hereto set my (our) hand and seal this E day of J U's! �= , 200_,
A
Signature(s)
State of Virgin i f /County of �.a.!?'tY&*it:
60 Uy, t , a Notary Public in and for the jurisdiction
aforesaid, ce ify that the person(s) who signed to the foregoing instrument personally appeared before me
and has acknowledged the same before me in the jurisdiction aforesaid this L dU Qrjj ,fig
ftwIAITY
My Commis ion Expir@ TAP`
Notary Publ c Distnc o
My Commission Expires Sept, 14, 2010
Mark Cheran
From: anthony.ctr.mosca@faa.gov
Sent: Saturday, June 27, 2009 1:34 PM
To: AI.CTR.Rheft@faa.gov
Cc: Mark Cheran; anthony.ctr.mosca@faa.gov
Subject: Re: Winchester Site Frequency Authorization & Spectrum Runs
Attachments: a14,pdf; al3.pdf; al.pdf
Importance: High
Mark,
This should comply with all your requirements. Please let me know as soon as possible about the proposed July
15th Public Hearing.
Al and our managers will have to make sure their schedule accommodates the meeting.
Thanks,
Tony Mosca,
cell - 202-664-3206
cell - 910-398-2533
-----AI CTR Rhett/AWA/CNTR/FAA wrote: -----
To: mcheran2co.frederick.va.us, anthony.ctr._mosca(a�faa.gov
From: Al CTR Rhett/AWA/CNTR/FAA
Date: 06/26/2009 01:59PM
Subject: Winchester Site Frequency Authorization & Spectrum Runs
Tony and Mark,
Attached you'll find the Facility Transmission Authorization (FTA) Certification and the frequency spectrum analysis runs
for the Winchester Site, The distant end coordinate have been block out on purpose for confidential reasons.
As part of the Frederick County Virginia's requirements under section 165-48.6, the FAA has complied with the
below items 1 through 4;
(1) The site is specific to the proposed location of 170 Marcel Drive. The monopole must be installed adjacent
to the FBI facility to fulfill the missions of the FBI and FAA.
(2) The four facilities in the search area; Winchester Sanitation Water Tower, Shenandoah Gas Tower and two
Commercial Cell Phone Towers were not viable for collocation to accommodate our mission and requirements.
(3) The proposed 80 Monopole Tower is in compliance with the Federal Communication Commissions
established ANSVEEE standards for electromagnetic field levels and radio frequency radiation. The attached
Frequency Transmission Authorization (FTA), is on file with the FAA, FCC and NTIA.
(4) The lease agreement between the FAA and the landowner, John Moss of Elman FBI Associates, indicates
that the site shall be restored to original condition upon termination of the lease.
Regards,
Al Rhett
Principle RF/Network Engineer (FAA/C3)
FAA C3 Program Office
300 D Street SW, Suite 832
Washington, DC 2002
Desk: 202 385-4128
Cell: 703 987-0120
-- Forwarded by Al CTR Rhett/AWA/CNTR/FAA on 06/26/2009 01:18 PM
"AI Rhett" <a1.rhett@d1gtta1pon1t1s.com>
06/26/2009 01:14 PM
To Al CTR Rhett/AWA/CNTR/FAA@FAA
cc
Subject FW: RF Study
From: anthony.ctr.moscaWaa.gov fmaiIto: anthony_ctr.moscaCcfaa.govl
Sent: Friday, June 26, 2009 10:45 AM
To: mcheran(a)co.frederick.va.us
Subject: RF Study
Importance: High
Mark,
AI Rhett, FAA project Manager, should have the FTA (Frequency Transmission Authorization) today. he
will forward to you as soon as he receives.
Thanks,
Tony Mosca,
cell - 202-664-3206
cell - 910-398-2533
Report for FAA 081642 (FAA Database)
**Trate Printed: 6/9/2009 12:56:20 PM**
DRU -------- SEC --- TYP-RTN--STT---ITEC ---- LSsR-------- ACN-------- DA'T'---..------
u0447371..
CIJA-CDD---- FKQ----------- 5TN--SEE< ---------- BUIR--NET---DMR-FOI--- EIM-----
U K7605.000000 F'AA 081.542 WP X
5_`C--__EmS------------ P`WR------- STS ------- AUS ------ AAD ------ RVD --
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XFC------ XCL------ XAP— XAt-----SPD---T ---ICI-MSi7---
V 276 1
FZC--.RAL---------------------- ------ RAD (feet)-- ---------
VA
feet)-----------
VA WINCHESTER 390501N 0780903W 43GPARA13LCCYL00702H0075.T
RRC ------ ACL ------ RAP --- RAZ ----- REM --------- -------------------- ..----_.-
V 096 `NRM,.XXXXX, FAA C3 i9r'RASTRUCTURE
*EQT,C,HRS CONSTELLATION
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*PRD,M8I75.000D,F'AA 081643
*XFI,DATA LTNK
*AGN,FA HQ,RC:LT,XXX,XXX,XXX,RCLT
*.FAGN, FTA=EA02574
SUP-------- _-------------- ------------..---------- ----- ---
rnU------.-.----....---------------------------- . --------.-----------.------
History Log, as of Tue Jun 09 12:56.20 2009 ------------------------------
04/b2/08 07:17:08 HQ RM 4 TP Model Run [C/Sj: frequency passed'
04/.02/08 07:3.8:03 HQ RM 4 TP Model Ruh IC/S)- frequency passed
G4/02108 07:1.8:11 HQ RM 4 TP Model Ft= [C/S]: frequency passed
04(02/08 07;18:25 HQ RM 4 TP Model Run: [C/s]: frequency passed
04/02/08 07:19:40 HQ RFT 4 TP Model Run (CIS]; frequency passed
04/b2108 07:23:01 HQ RM 4 TP Model Run [CIS): frequency passed.
04/02/08 07:26:14 HQ RM 4 IRI SAVED.—No Changes
04/02106 08:12:05 HQ RM 4 FA CHANGED:REM04,XAP,RAP01
04./02/08 13:44:58 HQ /E 4 NX forted in FAA080402AFMA
04/24/08 10:45:12 EA /1 6 J0447371,04473,080415,A,F-AO2574
0311/409 09,36:23 HQ AH 4 MASS UPDATE OF EMIT T.ASLE ESW FIELD
*«**----------------------------- REPORT END ----------------------- tare*
Report for. FAA 081643 (FAA Database)
**Date Printed: &/912009 12:55:16 PM*k
_nKT-------- SEC---TYP-RTN+--STT--- DEC ---- tSR----------- CN -------- DAT ---- ---'--
j0447.375'
CLA-CirD--.---FRQ----------- HSN--SER---_-----_--BUR--NET --- M0 -FOI..----
U M8175,000000 FAA 081543 VIP X
S-5 CC ----FMS-- ----------:i WR, ------- NTS ------- AUS ------ AUD------ RVD---
FX 30MOOD7W W1.00000 080415 680415
XSC--XAL-------------------- XLA--__-X7.,0------ XAD .feet)-----------------
vA W-INCHESTER 39050I.N 078090341 43GFARASL.CCYL00702HG07ST
XRC------ XCL------ XAP---XAZ-----SPD --- TME---ICS-MSD----
v 096 1
FSC --RAT ----------------------- RLA-----
RRC------RC1,--_----RAP- RAZ -----REM ---------------------------- --------
v
-----------
V 276 -N M,XXXXX,FAA C3 INFRASTRUCTURE
*EQT,C,HRS CONSTELLATION
*ESIR,C,HRS CONSTELLATION
*PRD, M7605, 00{X0, FAA 081642
-NFI, DATA LINK
*AGN,FA=,HQ,RCLT,XXX,XXX.,XXX,RCLT
*AGH,FTA=EA02575
S'JP--,-------------------------------------------------------------------
FAS------------------------------------------------------------------------
FAU------------------------------------------- -------------------------
ECK---------------------------------------------^ ---- ----------------
History Log as of Tue Jun
04102/08 07:45:51 HQ RM 4
04/02/08 0'7:51:29 HQ RM 4
04102/38 07:52:43 HQ M4, 4
04/02108 07:54:13 HO RM 4
04/021.08 07:55:46 HQ RM 4
04/02/08 08:08:27 HQ RM '4
0.1/02/08 08:10:35 HO RM 4.
04/02/08 13:44:58 RQ /E 4
09 12156:16 2009--------------- --------------
TP Madel Run [C/.SI: frequency passed
TP Model Run [C/sj. frequency passed
TP Model Run [C/Sj: frequency passed
TP Model Run CC/S]= frequency passed
TP Model, Run [C/S]: frequency passed
TP Model Run (C/S]: frequency PasaAd
FA SAVEi3:No Changes
NX Exported sii FAA060402AFMA
04/24/08 10:9.5:.22 EA /I 6 .70447315,04473,080415,A,F.AO-n575
03/17/09 09:36:23 HO AH 4 MASS UPDATE OF EMIT TABLE EBW FIELD
*--------------------------------- REPORT END----------------- --
AUTHORIZATION NL' AMBER
UNITED STATES OF AMERICA EA 25-15 A
DEPARTMENT OF TRANSPORTATION'
FEDERAL AVIATION ADMINISTRATION
FA(CALITY TRANSiTMITTING Av'vU__Tf10R1'vrLr_`AA T- -
110N
In accordance Nvith authority granted the Federal Aviation Administration by the National 1'elecorn.munications & ItO
orrnation
Administration throtigh the interdepartmental Radio Advisory Committee, this ALithorization is isstied for the operation of this 11, cility
FACILITY: WINCHESTER, VA
FAC. MAX. TYPE OF
FREQUENCY TYPE POWER CLASS SERVICE
8175.000 MHz RCLT 1.000 w Fx
COORDINATES-. N 39" 051 01" W 0780 091 03"
COST FAA MISCELLANEOUS
CENTER IDENT SERIAL REMARKS
xxx 081643
26 Jun 2009 Easter.'n Theresa Simpson 1 Of 1
EFFLE("I'lVE DATE FAA RTIGION
ENT OFFICER P A G E
�EQUENCY MANGE W
•
�7
C
COUNTY of FREDERICK
MEMORAT�TT� Department of Planning and Development
ANDUM 1� v 540/665-5651
FAX: 540/665-6395
Io:Frederick County Planning Colminisslon
From: Candice E. Perkins, AICP, Senior Planner ("P
Subject: Public Hearing — Outdoor Lighting Standards
Date: June 29, 2009
Outdoor lighting in Frederick County is currently regulated under the nuisance element of the
ordinance. The Nuisance element (§165-35) states that "outdoor lighting shall be arranged to
deflect glare away from adjoining properties and public streets. Sources of lighting on a lot shall
be hooded or controlled to prevent glare beyond the lot line". Over the past few years, staff has
encountered multiple new developments consisting of office buildings, shopping centers and
industrial sites that have had excessive lighting and have thus resulted in complaints about the
lighting sources, levels and height of the fixtures. Staff has been successful in working with
property owners to shield or replace fixtures that have created issues, but this obviously occurs
after the property owner has installed the lighting.
These standards are intended to address lighting at the beginning of the process, during the site
planning and design process, prior to fixture installation. Once implemented, these standards
should avoid lighting complaints and the resulting additional expense for the property owner to
replace previously installed fixtures. The draft standards include elements that will apply to all
outdoor lighting as well as portions that apply to nonresidential uses (commercial/industrial,
etc. ), as well as multifamily uses and residential parking lots. New definitions that correspond to
the lighting standards are included as well. It should be noted that these proposed standards will
not require sites to install lighting and does not require minimum lighting standards which is
typically regulated by the private sector. These proposed standards will place thresholds on the
maximum amount of lighting permitted on a site, regulate the type of fixtures permitted and the
maximum mounting height of fixtures. With this proposed ordinance, it should be noted that
enforcement will be handled by the Planning Department.
Planning Commission Action:
Staff is seeking a recommendation from the Planning Commission to the Board of Supervisors
on this proposed Zoning Ordinance text amendment.
Background
The Development Review and Regulations Committee (DRRC) discussed this item at their June
2008 and August 2008 meetings. The Planning Commission discussed this item at their October
15, 2008 meeting and forwarded the item to the Board of Supervisors for discussion. The Board
of Supervisors discussed this item at their meeting on October 22, 2008; at that meeting the
Board expressed concerns over lighting sources and the basis for proposed lighting levels, issues
regarding canopy lighting as well as concerns over whether the Sheriff's Department was
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
Page 2
Frederick County Planning Commission
Re: Outdoor Lighting
June 29, 2009
comfortable with this ordinance. Ultimately, the Board of Supervisors requested that the draft
ordinance be sent back to the Planning Commission for further discussion. The draft ordinance
was then revised to address the Board of Supervisors concerns. The Planning Commission
discussed the revised ordinance at their meeting on May 20, 2009. The PIanning Commission
was satisfied with this ordinance and forwarded a favorable recommendation to the Board of
Supervisors. The Board of Supervisors discussed the revisions to the ordinance at their May 27,
2009 meeting. Concerns were expressed over lighting in the rural areas as well as spotlighting,
minimum lighting levels and recreational lighting. The draft ordinance was then revised to
address the Board of Supervisors concerns. The Board of Supervisors discussed the revised
ordinance at their June 24, 2009 meeting and approved the outdoor lighting ordinance to be sent
to public hearing.
Attachment and Direction
The attached documents show the proposed outdoor lighting ordinance as well as proposed
definitions that correspond to the ordinance. A recommendation from the Planning Commission on
this proposed Zoning Ordinance text amendment is sought. Please contact me if you have any
questions.
Attachment: 1. Proposed Outdoor Lighting Standards and Definitions
CEP/bad
Draft - Outdoor Lighting Standards - June 2009
§165-48.12 Outdoor Lighting Standards.
The purpose and intent of this section is to establish outdoor lighting standards that reduce the impacts
of glare, light trespass and overlighting; promote safety and security; and encourage energy
conservation.
A. Application and General Provisions.
1. Except as provided in F of this Section, these standards shall apply to the installation of
new outdoor lighting fixtures or the replacement of existing fixtures. Replacement of a
fixture shall mean a change of fixture type or change to the !amounting height or location
of the fixture. Routine lighting fixture maintenance, such as changing lamps or light
bulbs, ballast, starter, photo control, housing, lenses and other similar components,
shall not constitute replacement and shall be permitted provided such changes do not
result in a higher foot-candle output.
B. General Outdoor Lighting Standards.
1. All outdoor lighting fixtures shall be designed, shielded, aimed, located and maintained
to shield adjacent properties and to not produce glare onto adjacent properties or
roadways. Parking lot fixtures and light fixtures on buildings shall be full cut-off fixtures.
Within residential developments the Zoning Administrator may approve alternate
parking lot fixtures so long as the intent of the ordinance is met.
2. Flashing, revolving, or intermittent exterior lighting visible from any property line or
street shall be prohibited. Directional fixtures for advertisement purposes, such as but
not limited to high intensity beams, lasers or strobe lights shall be prohibited. When
permitted, directional fixtures shall be installed or aimed so that they do not shine
skyward and to ensure that the light source is not visible from adjacent properties,
roadways_
3. Light fixtures, including mounting base, shall not be more than twenty-five (25) feet in
height above finished grade unless the Zoning Administrator determines that an
increase in height, not to exceed ten (10) additional feet, would reduce the total
number of light fixtures for the site and still meet the intent of the Ordinance. On land
in the M1 (Light Industrial), M2 (Industrial General) and EM (Extractive Manufacturing)
Zoning Districts that is contained within an approved master development plan, the
Zoning Administrator may allow light fixtures to exceed 35 feet in height if additional
security is required, provided that the site is not adjacent to property used for
residential or agricultural uses. In no case shall light fixtures in the M1, M2 and EM
Districts exceed 45 feet in height.
1
Draft - Outdoor Lighting Standards - June 2009
4. Light fixtures shall be placed outside of the paved areas of a site. Lighting fixtures shall
be placed within landscaped islands or in the perimeter green space of the site.
5. Building mounted or wall pack lighting fixtures shall not be mounted more than twenty-
five (25) feet above the finished grade of the building. These fixtures shall be shielded
(full -cutoff) so that the light source is not visible from adjacent properties or road right-
of-ways. Non -cutoff wall pack lighting fixtures shall not be permitted.
6. All lighting shall be oriented not to direct glare or excessive illumination onto streets in a
manner that may distract or interfere with the visior of drivers on such streets.
7. Lighting used to illuminate flags, statues, signs or any other objects mounted on a pole,
pedestal or platform, spotlighting or floodlighting used for architectural or landscape
purposes, shall consist of full cut-off or directionally shielded lighting fixtures that are
aimed and controlled so that the directed light shall be substantially confined to the
object intended to be illuminated. Directional control shields shall be used where
necessary to limit stray light and to ensure that no light source is visible from or causes
glare on public rights-of-way or adjacent property.
C. Photometric Plan Requirements
1. A Photometric Lighting Plan shall be submitted and approved in conjunction with any site
plan required by Article XIX or Subdivision Design Plan as required by Chapter 144 of the
Frederick County Code. Photometric plan submitted with site plans shall be current (less
than 30 days old) and must be certified by the National Council on Qualifications for the
Lighting Professions (NCQLP), or a Virginia licensed professional engineer, architect,
landscape architect or land surveyor.
2. All such required plans shall include the following:
a) Plans indicating the location on the premises of all lighting fixtures, both proposed
and already existing on the site, including a schematic layout of proposed outdoor
lighting fixture locations that demonstrate adequate intensities and uniformity, and
the light coverage resulting from the proposed lighting layout.
b) Description of all lighting fixtures, both proposed and existing, which shall include
but are not limited to catalog cuts and illustrations by manufacturers that describe
the equipment, including, lamp types, wattage and initial lumen outputs, glare
control devices, lamps, proposed placement of all fixtures, including engineering
detail of fixtures, manufacturer, model and installation of same.
2
Draft - Outdoor Lighting Standards - June 2009
c) Photometric data, such as that furnished by manufacturers, or similar showing the
angle cut-off light emissions and glare -control devices.
d) Mounting height of all fixtures.
D. Outdoor Lighting Standards for Nonresidential Uses.
1. The average maintained lighting levels for nonresidential uses shall not exceed the following
standards, unless a lower limit is set forth in this subsection.-
a)
ubsection:a) Five (5) foot-candles for parking lots and loading areas.
b) Ten (10) foot-candles along fronts of buildings and along main drive aisles.
c) Twenty (20) foot-candles for high security areas, such as, but not limited to teller
machines (ATM's), motor vehicle display areas and vehicle fuel station canopies, but
not including parking lots.
2. Light fixtures under fuel station canopies or any other canopy shall consist of full cut-off
lighting fixtures where the light source is either completely flush or recessed within the
underside of the canopy. The portions of the canopy not included in the sign area shall not
be illuminated. All canopy lighting shall be recessed sufficiently so as to ensure that no light
source is visible from or causes glare on public rights-of-way or adjacent property.
3. Lighting levels shall not exceed 0.2 foot-candles at any common property line with property
zoned, used as or planned for residential or agricultural uses. In addition all light poles shall
be equipped with supplemental opaque shielding on the residential property side of the
lighting fixture to reduce glare caused by direct light source exposure.
4. Lighting levels shall not exceed 5.0 foot-candles at any common property line with property
zoned or used for commercial or industrial uses.
5. Lighting levels shall not exceed 5.0 foot-candles at any edge of a property line adjacent to a
street or road right-of-way.
E. Outdoor Lighting Standards for Multifamily Uses and Residential Parking Lots.
1. The average maintained lighting levels for multifamily developments shall not exceed 0.5
foot-candles at property line boundaries, except as follows:
a) 0.2 foot-candles at any property line boundary with property zoned, used, or planned for
residential or agricultural purposes; and
b) Five (5) foot-candles at any edge of a property line adjacent to a street or road right-of-
way.
k,
Draft - Outdoor Lighting Standards - June 2009
2. The average maintained lighting levels at buildings, parking lots, and other areas besides at
property line boundaries set forth in paragraph 1 of this subsection shall not exceed ten (10)
foot-candles.
F. Lighting Standards for Recreational Facilities in ali Zoning Districts.
1. Lighted recreational facilities shall conform to the requirements set forth in the most
current editions of the Illuminating Engineering Society of North America (IESNA) RP -6
Recommended Practice for Sports and Recreational Area Lighting and the IESNA Lighting
Handbook. Appropriate lighting criteria shall be selected based on the Class of Play of the
facility and participants as defined by the IESNA.
2. No outdoor recreational facility, public or private, shall be illuminated after 11:00 p.m -
except to conclude a specific activity, which is in progress under such ilk-1mination prior to
11:00 P.M.
3. Lighting fixtures shall be installed to meet the criteria of a cutoff fixture and shall include
internal and/or external glare control louvers.
4. Initial lighting levels shall not exceed the target levels specified by the IESNA by more than
30% to account for light loss factors such as lamp lumen depreciation and luminaire dirt
depreciation.
5. All light fixtures/light poles shall be set back a minimum of one foot for every foot in height
from any residential property line or road right-of-way.
G. Exemptions from Lighting Ordinance.
The following lighting is exempt from the provisions of this section:
1. Lighting fixtures and standards required by the Federal Communications Commission,
Federal Aviation Administration, Federal and State Occupational Safety and Health
Administrations, or other federal or state agencies, to include street lights within a public or
private right-of-way.
2. Outdoor lighting fixtures required by law enforcement, fire and rescue, the Virginia
Department of Transportation or other emergency response agencies to perform
emergency or construction repair work, or to perform nighttime road construction on major
thoroughfares.
3. Lighting located on properties developed with residential uses (unless regulated by Section
E) or agricultural uses, including but not limited to residential security lighting controlled
and activated by motion sensors or timing devices.
4. Lighting for holiday decorative purposes located on property used for residential purposes.
5. Lighting for civic activities, fairs or carnivals, provided that the lighting is temporary.
4
Draft - Outdoor Lighting Standards - June 2009
w
ARTICLE XXII Definitions
§165-156. Definitions and word usage. [Amended 11-13-1991]
Foot-Condle .-. A measure of light fallinoa nn a surface. One (1) foot-candle is equal tL' the aiiiGui�t of light
generated by one (1) candle shining on one (1) square foot surface located one (1) foot away. Foot-
candle measurements shall be made with a photometric light meter with a specified horizontal
orientation.
Foot -Candle (Average Maintained) — The average of a number of points of foot-candle calculations or
foot-candle readings in a given area which have been adjusted to account for maintenance which
includes luminaire dirt depreciation and lamp lumen depreciation.
Glare - The sensation produced by a bright source within the visual field that is sufficiently brighter than
the level to which the eyes are adapted to cause annoyance, discomfort, or loss in visual performance
and visibility. The magnitude of glare depends on such factors as the size, position, brightness of the
source, and on the brightness level to which the eyes are adapted.
Lighting Fixture — A complete lighting unit consisting of the lamp, lens, optical reflector, housing and an
electrical components necessary for ignition and control of the lamp, which may include a ballast,
starter and/or photo control.
Lighting Fixture, Directionally Shielded — A lighting fixture which emits a light distribution where some
light is emitted at or above a horizontal plan located at the bottom of a fixture. Such fixtures may
contain visors, louvers, or other types of shields or lenses which are designed to direct light onto a target
area and to minimize stray light.
Lighting fixture, full cut-off - A lighting fixture from which zero (0) percent of its light output is emitted
at or above ninety (90) degrees from horizontal (a horizontal plane drawn through the bottom of the
light fixture) and no more than ten (10) percent above eighty (80) degrees from the horizontal.
Light fixture, recessed canopy — An outdoor lighting fixture recessed into a canopy ceiling so that the
light source is either completely flush or recessed within the underside of the canopy.
Light Trespass — Unwanted light going beyond the property line and spilling over onto the adjacent or
neighboring property. It can also represent the direct light (glare) that reduces a person's vision or
ability to see.
Maintained Lighting Level — A level of illumination which results when the initial output of the lamp is
reduced by certain light loss factors. Such light loss factors typically include lamp depreciation and dirt
accumulation on lenses and other light fixtures components. For the purpose of this Chapter, the
maintained lighting level shall represent an average foot-candle level measured over a specified area.
6r
•
•
�7
COUN'T'Y of FREDERICK
Department of Planning and Development
MEMORANDUM
540/665-5651
1 �a i ..p: ORANDUM FAX: 540/665-6395
To: Frederick County Planning Commission
From: Candice E. Perkins, AICP, Senior Planner`=`
Subject: Public Hearing— Landscaping Requirements in the RA District
Date: June 29, 2009
Staff has been directed to prepare a Zoning Ordinance amendment to remove the landscaping
requirements contained in §165-36 as it pertains to the RA (Rural Areas) District. Currently this
section of the Zoning 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). If the street tree option is chosen, street trees must be provided for every 40 feet
of road frontage; if the ornamental option is chosen, ten ornamental trees must be provided per
lot; and the tree preservation option would require the rural subdivisions to create permanent
open space to protect the trees.
Staff has prepared a revision to §165-36 to remove the landscaping requirement from the RA
(Rural Areas) District. This ordinance amendment will remove references to the following:
preliminary subdivision sketch plans, Major Rural Subdivision Lot and Rural Preservation
Subdivision Lot.
The item was presented to the Development Review and Regulations Committee (DRRC) at
their meeting on May 28, 2009. The DRRC was presented with an option to reduce the street
tree requirement in the RA District, but the Committee preferred to see the requirements
eliminated. The DRRC endorsed the removal of the requirement and recommended it be sent to
the Planning Commission for discussion. The Planning Commission discussed this proposed
amendment 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 the amendment at their June 24,
2009 meeting and approved it to be sent to public hearing.
The attached document shows the existing Ordinance with proposed deletions shown in
blackline. Staff is seeking a recommendation from the Planning Commission to the Board of
Supervisors on this proposed Zoning Ordinance text amendment. Please contact me if you
have any questions.
Attachments: 1. Revised ordinance with additions shown in bold italics and deletions are
shown with a strikethrough.
CEP/bad
107 North Kent Street, Suite 202 s Winchester, Virginia 22601-5000
ATTACHMENT 1
§ 165-36. Landscaping requirements. [Amended 4-23-20031
The requirements of this section are intended to enhance the appearance, environment and
general welfare of the citizens of Frederick County by providing minimum landscaping
standards and encouraging tree preservation for residential developments.
A. Residential developments. Residential developments which require a master
development plan, subdivision design plan, or site plan ^ eli^.Anar , subdivision 1
VVl Y1J1 V11 J11ZLYh
plan -shall provide at least one of the three types of landscaping identified below.
(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 § 165-36B, with the exception that street trees must be at least two -
and -one -half-inch caliper at the time of planting.
(2) Ornamental landscaping.
(a) Ornamental landscaping shall be provided for residential developments
based on the following index and matrix:
Required Landscaping Per Dwelling Unit
Lot Type Ornamental Shrubs Ornamental Trees
Index of lot Types
Lot Type
A
Description
Major-RAwal Subdi,�Tsion Lot
D
A C
Single -Family Detached Rural Traditional
B D
Single -Family Detached Traditional
C E
Single -Family Detached Urban
D F
Single -Family Detached Cluster
E G
Single -Family Detached Zero Lot Line
F44
Single -Family Small Lot
C-1
Duplex
H I
Multiplex
I R
Atrium House
J L
Weak -Link Townhouse
K M
Townhouse
L N
Garden Apartment
Required Landscaping Per Dwelling Unit
Lot Type Ornamental Shrubs Ornamental Trees
ATTACHMENT 1
A C
None
10 per 1 unit
BD
10 per 1 unit
5 per 1 unit
C E
10 per 1 unit
5 per 1 unit
D F
10 per 1 unit
5 per 1 unit
E C
10 per 1 unit
5 per 1 unit
F-14
15 per 1 unit
5 per 1 unit
G4
15 per 1 unit*
5 per 1 unit*
HJ
3 per 3 units*
1 per 3 units*
I K
3 per 4 units*
1 per 4 units*
JL
6 per 5 units*
2 per 5 units*
KM
6 per 5 units*
2 per 5 units*
L N
3 per 2 units*
1 per 2 units*
Note: *Required ornamental trees and shrubs are in addition to all trees
and shrubs elsewhere required in the Zoning Ordinance.
(b) Ornamental trees and shrubs shall comply with the requirements of § 165-
36B. 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 total required open space, as specified in § 165-63.
Residential developments which are not required to have open space by § 165-63
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.
•
J
•
COUNTY of FREDERICK
�,T �T Department of Planning and Development
MEMORANDUM �1 D lJ
540/665-5651
AX: 540/665-6395
To: Frederick County Planning Commission
From: Candice E. Perkins, AICP, Senior Planner L
Subject: Public hearing—Buffer Requirements
Date: June 29, 2009
Buffer and screening requirements in Frederick County are contained in §165-37 of the Zoning
Ordinance. 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. Staff has
encountered various issues regardii;g the buffer and screening requirements contained within this
section of the ordinance. Specifically, concerns regarding the content of the landscape screening
element and the ability for buffer modifications have been expressed.
Staff has prepared revisions to the Zoning Ordinance to address the issues outlined above. Staff
is seeking a recommendation from the Planning Commission to the Board of Supervisors on
theses proposed Zoning Ordinance revisions.
Specifically the revisions would address the following:
• §165-37 B, Screening, Landscape screening. The current requirement consists of three
trees per ten linear feet (2/3 evergreen trees and 1/3 deciduous trees). The evergreen trees
are planted at four feet in height and the deciduous trees at two inch caliper. This
requirement results in a buffer that is very dense and will only survive for a few years
until the trees become crowded. The proposed amendment would be to require 1/3
deciduous trees, 1/3 evergreen trees and 1/3 shrubs. The evergreen trees would be
planted at four feet in height, the deciduous trees would remain at two inch caliper and
the shrubs would be planted at eighteen inches in height.
• §165-37 D, Zoning District Buffers — B2/B3. Proposed revision to remove the zoning
district buffer requirement between the B2 (Business General) and B3 (Industrial
Transition) Districts.
• §165-37 D, Zoning District Buffers - Waivers. Revision of Subsection 6 to allow the
Zoning Administrator to waive any or all of the requirements for the zoning district
buffers on a particular site plan when all uses shown on the site plan are allowed in the
zoning district in which the development is occurring and in the adjoining zoning
districts.
• §165-37 D, Zoning District Buffers - Waivers. Addition of a provision to allow the
Zoning Administrator to waive, reduce or modify buffer yard requirements due to
topography.
107 North Dent Street, Suite 202 9 Winchester, Virginia 22601-5000
Frederick County Planning Commission
Re: Buffer Requirements
Page 2
June 29, 2009
• §165-37 — Other minor revisions to include references to the new OM (Office
Manufacturing Park) District.
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 the amendment at their June 24, 2009 meeting
and requested that the proposed change to §165-37B be modified to include a four foot evergreen
instead of a six foot evergreen. With that one change, the Board of Supervisors approved the
ordinance amendment to be sent to public hearing.
The attached document shows the existing Ordinance with proposed additions shown in bold
italics and deletions shown in blackline. Staff is seeking a recommendation from the Planning
Commission to the Board of Supervisors on this proposed Zoning Ordinance text amendment.
Please contact me if you have any questions.
Attachments: 1. Revised ordinance with additions shown in bold italics and deletions
are shown with a strikethrough.
CEP/bad
§ 165-37. Buffer and screening requirements. [Amended 6-13-19901
It is the intent of the regulations of this section to encourage proper design of a site in order to
protect adjacent existing uses and to protect proposed uses within the site. Certain types of uses
must be buffered from other types in order to ensure a desirable living environment.
Additionally, appropriate distances must be maintained between commercial, industrial and
residential uses and roads.
A. Distance buffers. Distance buffers are based on the nature of an activity and the proximity to
an activity of a different nature. They are linear distances measured from property lines
inward. Part of the buffer must be inactive and part may be active. The inactive portion
begins at the adjoining property line, as shown in the example diagrams.
(1) Inactive distance buffer. This portion of a buffer area permits no activity except the
necessary utility functions provided by transmission lines, underground conduits, etc.
(2) Active distance buffer. This portion of a buffer area may not be encroached by a
building or other principal structure or activity. However, accessory activities, such as
parking, are permitted in this area. Active buffers shall not contain road rights-of-way.
Adjaeent stmetures shall be eonsider-ed struetures on the same or- abutting properties o
struatues in the same general vieiffity,
(3) Whenever proposed developments are adjacent to or within 1,000 feet of the boundaries
of existing uses, the Planning Commission may require increased or additional distance
buffers to separate different uses to achieve the intentions of this section.
B. Screening. Screening is designed to work with distance buffers to lessen the impact of noise
or visual interaction between adjacent activities. There are two levels of screening:
landscape screening and full screening. The higher the levels of screening provided, the
lower the level of distance buffer required. The example diagrams show how this works.
(1) Landscape screening. A landscape screen consists of a totally landscaped easement at
least 10 feet in depth; it is encouraged that the plantings to be spaced appropriately
within the inactive buffer. Within the easement, there shall be a minimum landscaping
density of three plants per 10 linear feet. The buffer shall consist of a combination of
1/3 deciduous trees, 1/3 evergreen trees and 1/3 shrubs Deciduous trees shall be
planted at a minimum of 2" caliper, evergreen trees shall be a minimum of 4' in height
and shrubs shall be 18" in height at time of planting. , and they shall eat least foar
feet in height at planning and interided to r -each a minim -um height of six feet at matufit�-.
Thffe shall be at least three species of plants, with the major -it), being-eveWeens and at
least 1/3 being deciduous. Wher-e natural bafrieFs, topography or- othef features aehieve-
the functions of the landseape sefeen, the requirement may be waived by the Planning
commission,
(2) Full screen. A full screen provides all the elements of a landscape screen and also
includes a six -foot -high, opaque hedge, fence, wall, mound or berm. A 50 foot strip of
mature woodlands «,^^a'^ra Stfip of cn feet may be allowed as a full screen. As with
1
(3) Wherever proposed developments are adjacent to existing uses, the Planning
Commission may require additional landscaping or landscaped easements to separate
different uses and to achieve the intentions of this section.
C. Residential Separation Buffers - *No changes proposed
D. Zoning district buffers. Buffers shall be placed on land to be developed when it adjoins land
in certain zoning districts.
(1) Buffers shall be provided on the land to be developed according to the categories in
the following tables:
(a) Buffer categories:
RP
R4
R5
MH1
B1
Distance Buffer Required
B3
OM
Inactive
Active
Total
MS
Screening
(Minimum)
(Maximum)
-
Category
Provided
feet
feet
feet
A
No screen
25
25
50
B
Full Screen
25
25
50
B
Landscape screen
75
25
100
B
No screen
150
50
200
C
Full screen
75
25
100
C
Landscape screen
150
50
200
C
No screen
350
50
400
(b) [Amended 9-12-20011 Buffer categories to be provided on land to be developed
according to the zoning of the adjoining land:
Zoning of Adjoining Land
Zoning of Land
To Be
Developed
RP
R4
R5
MH1
B1
B2
B3
OM
Ml
M2
EM
MS
RP
_
-
-
-
A
A
A
A
A
A
A
A
R4
-
-
-
-
A
A
A
A
A
A
A
A
R5
-
-
-
-
A
A
A
A
A
A
A
A
MH1
C
C
C
-
B
B
B
B
B
A
A
C
Bl
B
B
B
B
-
-
A
A
A
A
A
B
B2
B
B
B
B
-
-
A
A
A
A
A
B
B3
C
C
C
C
B
B
-
-
-
-
-
C
OM
C
C
C
C
B
B
-
-
-
-
-
C
M1
C
C
C
C
B
B
-
-
-
-
-
C
M2
C
C
C
C
B
B
B
B
B
-
-
C
0)
EM C C C C B B B B B - - C
MS C C C C B B B B B B C -
(2) If a lot being developed is adjacent to developed land which would nonnally be
required to be provided with a buffer but which does not contain the buffer, the
required buffer shall be provided on the lot being developed. The buffer to be
provided shall be of the larger category required on either the lot being developed
or the adjacent land. Such buffer shall be in place of the buffer nonnally required
on the lot being developed. The buffer may include required setbacks or buffers
provided on the adjacent land.
(3) Whenever land is to be developed in the B1 (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 a
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 § 165-371)(1)(a) may be reduced,
provided the full screening requirements of this section are met. [Amended 3-9-
2005]
(4) Whenever land is to be developed in the B3, OM, M1 or M2 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.
(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 § 165-102 of this chapter.
[Amended 9-12-200121
(6) The Planning Coffffnission Zoning Administrator may waive any or all of the
requirements for the zoning district buffers on a particular site plan when all uses
shown on the site plan are allowed in the zoning district in which the development
is occurring and in the adjoining zoning districts.
(7) The Zoning Administrator may waive, reduce and/or modify buffer yard
requirements (distance and landscaping) if in his opinion the topography of the
lot providing the buffer yard and the lot being protected is such that the
required yard would not be effective. The buffer may also be modified to
maintain highway sight distances
i A.
3
{8) [Added 3-13-1996] Land proposed to be developed in the OM (Office -
Manufacturing Park), the Ml Light Industrial District and the M2 Industrial
General District may be permitted to have a reduced buffer distance that is
consistent with the required side or rear building setback line, provided that the
following requirements are met:
W
COUNTY of FIREDE s�L'--rK
Department of -F lannirag aad lZvveiopment
540/655-5651
MEMORAN UM FAX: 540/665-6395
,,-J re ,ur:arr ..L
To: Frederick County Planning Commission
n
From: Candice E. Perkins, AICD, Senior Planner
Subject: Public Clearing — Beverages (SIC 208) in the MI Zoning District
Da1C: June 30, 2009
Frederick County has received a request to add Standard Industrial Classification (SIC) 208 to the
permitted uses in the MI (Light Industrial) Zoning District.
SIC 208 — (Beverages) Includes the following uses:
• Malt Beverages (SIC 2082)
• Malt (SIC 2083)
• Wines, Brandy, and Brandy Spirits (SIC 2084)
• Distilled and Blended Liquors (SIC 2085)
• Bottled and Canned Soft Drinks and Carbonated Waters (SIC 2086) Allowed in the MI
• Flavoring Extracts and Flavoring Syrups (SIC 2087) Allowed in the M1
The MI District currently only allows SIC 2086 and 2087 as permitted uses, and SIC 208 in it's entirely,
is only permitted in the M2 (Industrial General) District. 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 this item at their meeting on June 17, 2009. The Planning Commission agreed
that portions of SIC 208 may be appropriate but that Malt Beverages and Malt (SIC 2082 and 2083)
should not be permitted in the M1 due to the odor. It was also expressed that Flavoring Extracts and
Flavoring Syrups (SIC 2087) should also be removed from the MI permitted uses. The proposed
ordinance was revised to address the Planning Commission concerns regarding Malt and Malt Beverages
and the proposed ordinance amendment would permit SIC 208, excluding 2082 and 2083, as a permitted
use in the MI District and was forwarded to the Board of Supervisors. The Board of Supervisors
discussed this item at their meeting on June 24, 2009. The Board requested additional information
regarding the need to exclude SIC 2082 and 2083 and ultimately forwarded SIC 208 as a whole to the
Planning Commission for public hearing.
The attached document shows the existing Ordinance with proposed additions shown in bold italics. This
item is presented for discussion. A recommendation from the Planning Commission on this
proposed Zoning Ordinance text amendment is sought. Please contact me if you have any
questions.
Attachments: 1. Proposed Ordinance Revision (§165-82A).
2. Standard Industrial Classification (SIC) Croup — 208
CEP/bad
107 forth Kent. Street, ,Suite 202 ® Winchester, Virginia 226015000
t > .._ I t >_ `ri 1.1 - a s_ A
E. MI -Light Industrial District. The intent of this disulci is to provide for a variety of light manafac Uring,
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
Beverages 208
tded and ean,--ed . ft di -inks and ea, -bona water 2096
Elaveffg est. acis- --ate '-Y "'F' 2-087
Miscellaneous food preparations and products, 209
excluding the following:
Canned and cured fish and seafood 2091
Fresh or frozen Gish and seafood 2092
Textile mill products
Classification
Allowed Uses
(SIC)
Landscape and horticultural services
078
Offices and storage facilities for building construction
15, 16 and 17
contractors, heavv construction contractors and
241
special trade contractors
242
Manufactaring as follows:
-
Dairy products
202
Carried, frozen and preserved fruits, vegetables and
203
soup mixes
267
Bakery products
205
Sugar and confectionaiy products
206
Beverages 208
tded and ean,--ed . ft di -inks and ea, -bona water 2096
Elaveffg est. acis- --ate '-Y "'F' 2-087
Miscellaneous food preparations and products, 209
excluding the following:
Canned and cured fish and seafood 2091
Fresh or frozen Gish and seafood 2092
Textile mill products
22
Apparel or other finished products made from fabrics
23
and similar in.
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
347
Ordinance and accessories
348
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
Aliscellaneous-nanufacturing- industries
39
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 8-24-2004]
5199
Restaurants
8
Linen supply [Added 8-24-2004]
7213
Dry-cleaning plants [Added 8-24-2004]
7216
Business services
73
Outdoor ad services [Added 8-24-2004]
7389
Automobile recovery service [Added 8-24-20041
7389
Automobile repossession service [Added 8-24-20041
7389
Exhibits building of by contractors [Added 8-24-2004]
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 8-24-20041
7692
Agricultural equipment repair [Added 8-24-20041
7699
Boiler cleaning and repair [Added 8-24-2004]
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
80 fit NDN—A--R D INDUS1RTAJ C S CxCCN
Lido-•,� y
Grab_ Industry
No. No.
2.Q7
FATS ANS OILS—Con-
2079 Shorteaifrg, Table Oils, Margarine, and Other Edible Fats and Gils, Not,
e ±!here (2 ssified
ESI Gments primarily engaged m manufacturing shortening, table oils,
margariue, and other edible fats and oil ; not elsewhere classified. Establish-
ments pzimarr-ly engaged in producing corn oil are classified in Industry 2046-
$aL.ing and hying fail (sborteniIO Oil, vegetable ¢dater stearin
coftmsr r cooking and salad 01 U&e oil
br--- .4 -mept — Peanut moking and salad oil
r4 a ;,cinx-9 imit='ion Shox-,enigs, compound and vegetable
$r za,nne-hztter bleed Soybean coaling and salad oil
Nat,aarg—arine Vegetah',.e cc's -'ng and salad oils,
Or7,lc�dr n—, ts� edible e'cept conn oil: reuned
ail. p,�iaally lrydroge—t— edible
208 BES CEu
2082 Malt Beverages
Establishments pri_mar-Ay er_gaged in manufac uriug malt beverages. Estab-
lishments prizaarily engaged in bottling purchased Tnalt beverages are classi-
Lied in ladustry 5181-
1-1.11 extract' liquors, and syrups
Bei (aLsholic beverages) ^leis beer
Brps�eves Porter Wmholic beverage)
11 e— d grain S:aut (zdcoholic beverao)
Liq--zc . suit.
2083
2054
2085
2M
malt.
Estahlisbmen�-,s p-:lnarily engaged in :mar_ufaciar ng malt or malt byprad-
ucL s h7ora barley or other gr dins.
ivralihnuses
3Si1t b_iy' ds
Sprouts, made is malthoise_s
It7� 1-.�'arl -xieS xye, wheat, and co^�
Ivines, Brandy, and Brandy Spirits
Es`�abllsii�,its -primorly engaged in manufacttll ing urines, brandy, and
brandy spirits- `ibis industry also includes bonded wine cellars which are en-
gaged in blending vanes_ Establishments primarily bottling purchased wines;
brandy, and brandy spirits, but which do not manufacture wines and brandy:
are classiF-ed in Wholesale Trade, Industry 5182_
Brandy wile coolers (beverages)
Brandyspnwines
its - w
wine—Bars, bonded- engaged m blend-
ing wines
Distilled and Blended Liquors
Establishments pnmarily engaged in manufacturing alcoholic liquors by dis
tillation, and in manufacturing cordials and alcoholic cocktails by blendin€
processes or by ming liquors and other ingredients. Establishments primari
ly engaged in manufacturing industrial alcohol are classified in Industry 2869
and those only bottling purchased liquors are classified in Wholesale Trade
Industry 5182-
Applelace Ethyl alcohol for medicinal and beer
Co� alcoholic age purposes
Cardi.K alcoholic Gin (alcoholic beverage)
Distilled' dried grains and solubles Grein alcohol for medicinal and bever
Eggnog; alcoholic age purposes
1AANLTF_&C1TTRLN' G
Industry
G3 UD Industry
Na.
No.
208 BYVIE AGES—Com
2085 Distilled and Blended Lignors—Corte
liqu r = distM-1 and blinded—ex-cerv,
RUM
SP L-� neral, emcePt soft—for bever-
ZE51 pmposes
81
Qoa�rd
Fi']1iue� borsboo, rye, scotch type, end
2086 Bottled and Canned Soft Brinks and Carbonated Waters
Establisbments primarily engaged in manufacturing soft drinks and carbon-
ated waters_ Establishments primarily engaged m manufactuzing frlut and
vegetable juices are classified in Industry Group 203; those manufacturing
fruit syr aps for flavoring are classified in Industry 2087; and those manufac-
turing =-nalcoholic cider are classified in Industry 2099- Establishments pri-
marily engaged in bottling natural spring waters are classified in Wholesale
Tracie, Industry 5149_
Bei lurch and root honied or canned
Carbonated. beverages, nonalcoholic
bo'fied or canned
DrinL—,trait bottled canned, or fresh
Ginger ale, bottled or canned
Iced tea, bottled or canned
Lemonade: bottled. canned, or fresb
Mineral 'water, carbon -t_ -d: bottled yr
canned
Soft drin>s, bottled or c-�nraed
Tea, iced- bottled or caroted
water. Pastetxr=ed- bunted or canned
2081 Flavoring Extracts and Flavoring Syrups, Not Elsewhere classified
E.stabIishm uts primarily engaged in
manufacturing flavoring extracts,
syrups, powders, and related products, not elsewhere classified, for soda foun-
taro use nr for the manufacture of soft drinks, and colors for bakers' and con-
fectioners' use Establishments pr=l arily
engaged in manufacturing chocolate
syrup are classified in Industry 2066-
_ Biitrs (llavorinp concentrates)
Flavoring concenizates
flavoring
Bacot__Tz:r rxpoa m100
extracts, pastes, Powders,
anasy`ups
_ Cockfm7 mties-, nonalcoholic
Cuff.. ilavormgs and syrups
Food colorings, except synthetic
Food glace• for toods
Cobs inr hakes" and canfed5nners'
�Pt✓ �
glami g
i•rmt juic°s concentrated- for fountain
_ L�aonalwnoac
Drink powde and mn�entratc,
ase
PrumL, croshed: for soda foontain use
i 209 MISt'F7;EA1y 4Qg FOOD PREPARATIONS AND KINDRED PRODUCTS
2091 Canned and Cured Fish and Seafoods
Esiablishm_ents primarily engaged in cooking and ricanning Fh, shrimp, oys-
ters, a ms, crabs, and other Seafoods, including soups; and those engaged in
smoking, salting drying, or otherwise curing fish and other seafoods for the
trade- Establishments primarily, engaged in shucking and packing fresh oys-
ters in nonsealed containers, or in freezing or preparing fresh fish, are classi-
fied in Industry 2092.
Canoed fish, an t-.' —', and ..Husks
Caviar canned
Chowders, fish and seafood_ canned
Craw boL61107.14 brach, chowder, ioire"
bottled nr canned
Codhshc smoked, salted, dried, and
Prickled
Crab meat, canned and cared
Fm-- baddie (smoked haddock}
Fish and seafood ca camped
Fish egg bait, canned
Fisb, canned and cared
Fish cured, dried, pickLd, s=ited, z d
smoked
Marring- smoked, salted, dried, and
Pickled
Mackerel' smoked, salted, dried, and
pickled
Oysters, canned and cared
Salmon smoked, salted, dried, canned,
and pickled
sardines, canned
r�
U
> 10UN Y ,9i' + ICI
Department of Planning and Development
540/665-5651
M MORAN M FAX: 540/665-6395
To: Fredcrick County Planning Commission
From: Candice E. Perkins, AICP, Senior Plamner'
Subject: Discussion— Floodplain Districts
Date: June 29, 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.
This item is presented for discussion. Comments and suggestions from the Planning
Commission will be forwarded to the Board of Supervisors.
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's (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's (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 scent Street, Su to 202 - Winchester, Virginia 22601-5000
Frederick County Planning Commission
Re: Floodplain Districts
Page 2
June 29, 2009
The revisions to the Floodplain Districts are as follows:
o 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
19 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 attached documents show the existing ordinances with the proposed changes supported by
the DRRC (with strikethroughs for text eliminated, red for text added, blue for staff notations).
This item is presented for discussion. Comments and suggestions from the Planning
Commission will be forwarded to the Board of Supervisors.
Attachments: 1. Revised ordinance with additions shown in red italics and deletions are
shown with a strikethrough.
2. Correspondence from FEMA
CEP/bad
DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT
New Text in Red
Existi.Klg Text in Black
Staff Nates in Bluo
ARTICLE XV
FP F lcodpiain D-Istriettt;
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 protection and 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.
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.
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 ordinance and any other applicable ordinances and
regulations which apply to uses within the jurisdiction of this ordinance.
B. The degree of flood protection sought by the provisions of this ordinance 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 ordinance does not imply that districts outside the floodplain district, or that land
usespermitted 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 ordinance shall be kept on file and
maintained by the Frederick County Zoning Administrator.
D. This ordinance 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 ordinance or any
administrative decision lawfully made thereunder.
Abrogation and Greater Restrictions
This ordinance 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 ordinance.
Severability
If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance shall be
declared invalid for any reason whatever, such decision shall not affect the remaining portions of
this ordinance. The remaining portions shall remain in full force and effect; and for this purpose,
the provisions of this ordinance are hereby declared to be severable.
§ 165 !!1. Basis for- delineation . 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 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 one (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 Flood Fr-inge Pistfiet sha4l be that area of the one hundr-ed yeaf floodplain
not ineluded in the Floodway Dist.;^+ 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 Floe wa-y Haar Flood Insurance Rate Maps.
2
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. ih��d.
. In these zones, no
detailed flood profiles or elevations are provided, but the one hundred (100) -year
floodplain boundary has been approximated. Sideh areas are shE);A% on the Flood
insuFanee Rate Maps (as pf:epared by the United States Dep ment of 14ousin
sources of data may be used sideh as: [Amended 8 12 1-992-f
(a) Ger-ps of Engineers floodplain iRfor-Ma4ion repo4s-.
ha,--afd al
(d) Known 4igh-Nvater- arks from past floods.
(P)*'Cit LiTeur-ee.-.
*The above sections removed from this portion and moved to .standards for 11pproximated
Eloodplain
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 basis underlying district provisions shall remain applicable.
§ 165 112. Flood xi= -y and Fay Atq3-.-Official Zoning, Map.
The boundaries of the Special Flood Hazard Area and Floodplain Districts are established as
shown on the Flood Boundary and Headway Map Flood Insurance Rate Map, which are by
reference made a part of this Miele. ordinance and which shall be kept on file at the Frederick
County offices.
3
DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT
§ *65 i13. District boundary ranges.
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.
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.
Permit and Application Requirements
A. Permit Requirement. All uses, activities, and development occurring within any
floodplain district shall be undertaken only upon the issuance of a building permit. Such
development shall be undertaken only in strict compliance with the provisions of the
Ordinance and with all other applicable codes and ordinances, as amended, such as the
Virginia Uniform Statewide Building Code (VA USBC) and the Frederick County
Zoning and Subdivision Ordinances. 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.
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 Permit 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).
I
DRAFT CHANGES TO THE FF FLOODPLAIN DISTRICT
�. 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. Topographic information showing existing and proposed ground elevations.
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
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.
I. Any alteration, repair, reconstruction or improvements to a building that is in compliance
with the provisions of this ordinance shall meet the requirements of "new construction"
as contained in this ordinance.
J; Any alteration, repair, reconstruction or improvements to a building that is not in
compliance with the provisions of this ordinance, shall be undertaken only if said non -
5
DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT
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.
Specific Standards
In all special flood hazard areas whefe base flood elevations have been provided in the Flood
Insurance Study or generated according to (Standards for the Floodway District - A), 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, including basement, elevated no lower
than three (3) feet 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 three (3) feet 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.
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
comiection with the premises. Access to the enclosed area shall be the minimum
8
DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT
necessary to allow for parking of vehicles (garage door) or limited storage of
maintenance equipment (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.
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 screens, louvers, or other opening coverings or
devices, provided they permit the automatic flow of floodwaters in both
directions.
f. 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 (General Standards for all Special Flood
Ilazard Areas A -B, and Specific Standards A).
2. All manufactured homes placed or substantially improved in an existing
manufactured home park or subdivision in which a manufactured home has not
7
DRAFT CHANCES TO THE FP FLOODPLAIN DISTRICT
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 three (3)
feet 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 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 (Specific Standards - D).
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 base flood.
1. 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.
DRAFT CHANGES TO THE FF FLOODPLAIN DISTRICT
E. 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 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:
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 ordinances.
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 Rate Insurance 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.
Standards for Approximated Floodplain
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
9
DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT
boundary has been approximated. Such areas are shown as Zone A on the snaps
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.
B. When such base flood elevation data is utilized, the lowest floor shall be three (3) feet
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.
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 flood damage;
C. All subdivision proposals shall have adequate drainage provided to reduce exposure to
flood hazards.
§ 165 114. Use limi -a,: ; iegRrrea approva&. (Sections removed_from this portion and
moved to General Standards for all Special Flood Hazard Areas and Specific Standards)
10
DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT
ffT�S .
MOM
0.
/n i T„ aaYanb; •nfor-FA ition showing S ullu ti .7 ,7 7 i•
� i r r
the fb!1oi&4ng eenditiens are nem-EAdd-ed 8 12 1992; amended 12-1-4-14,M
Y V111V
le is fully heensed.
utilities and o
(4) The r-cefeational L111V
• . (Sections removed from this portion
and moved to Standards for the Efoodway District)
A. In the Fleedw-aY ' no >
As or- etheF developmefA, shall be permitted unjess it has been demonstm4ed
inc
nxaatiee that the pr -o 1-,,,. „t Would et It
a a r Y N �lvin -.-- inefease m.
§ 165 116. Existing structures. (Relocated in the Ordinance dear the end)
§465 117. Permitted uses.(.Sections removed from this portiotl and moved to Standards for
w Floodway District)
b
in eemplianee �,A4th 1h of the tinder-154ng distriet and are 'let Prohibited by any oth-ef
11
DRAFT CHANGES TO THF FP FLOODPLAIN DISTRICT
�165 118. Conditional uses. (Sections removed from this portion and moved to Standardsfor
the Floodway District)
a.
•
I W111"11
-1-
-M111
y
WIN
y W
01111 1111
-
JWMPM
MN f
-
--------
— EM
�165 118. Conditional uses. (Sections removed from this portion and moved to Standardsfor
the Floodway District)
§ 165 119. Flood Fi4inge and Approximated Floodplain ' . Sections removed from
this portion and moved to Standards for—Special Floodplain and Standards for
Approximated Floodplain)
a.
•
I W111"11
-1-
-M111
y
WIN
y W
01111 1111
-
MN f
-
§ 165 119. Flood Fi4inge and Approximated Floodplain ' . Sections removed from
this portion and moved to Standards for—Special Floodplain and Standards for
Approximated Floodplain)
§465 -f -?W 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 blood -way, Flood F -r -i ge
and Floodplain Districts 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
a.
•
§465 -f -?W 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 blood -way, Flood F -r -i ge
and Floodplain Districts 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 8-12-1992]
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.
13
DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT
(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,
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 from any hardship to *'��
appliea�r�
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 elev , ed and/^r fleadpreef `' to the greater
ten4 pass;i.'o conform to the VA USBC.
14
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 the provisions of t;i—dela a -ad t4a---Virginia Uniform ctate"A4d.
Building Ce this ordinance 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 any authorized employee of Frederick
County shall be guilty of a misdemeanor and subject to the penalties outlined in §165-6
of this Chapter.
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 XXII
Definitions
§165-156.1 Definitions and word usage. [Amended 11-13-1991]
BASE FLOOD
my yeaf). [Added 8 12 19921 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 (plus one f000-.
BA.SEME,NT-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
operations or storage of equipment or materials. [Arnended 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
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 -FRINGE DISTRICT Thepoftions of the floodplain not included in the Floodway 1)istr-iet.
FLOOD OR FLOODING
1. 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 flooding as defined in paragraph I (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 normally 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 and determination of flood
hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation
and determination of mudflow and/or floodrelated 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.
1W
DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT
FLOODWAY — 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 8-12-19921
31.
FREEBOARD - A factor of safety usually expressed in feet above a food level for purposes of
floodplain management. "Freeboard" tends to compensate for the any 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 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 preliminarily 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
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
17
DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT
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. [Amended 8-
11-1993]
N40B lLE 1-1 OMF PARK A parcel of land undeF Single Owner Ship OR Which tWO OF More ME)bile 110FReS
e
are located,
b
MOBILE HOME SUBDIVISION A subdivision designed or intended for- the sale of lots for sitin
mobile homes.
MOBILE OR MANUFACTURED HOME PARK OR SUBDIVISION - 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 whicli is: [Addled 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 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 community and includes any subsequent improvements to such structures.
SPECIAL FLOOD HAZARD AREA - The land in the floodplain subject to a one (I %) 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,
M
DRAFT CHANGES TO THE FP FLOODPLAIN DISTRICT
./or insurance rating purposes, means a walled and roofed huilding, other than a gas or liquid storage
tank, that is principally above ;round and affixed to a permanent site, as well as a manufactured
home on a permanent foundation. For the latter purpose, the term includes a huilding 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 8-12-19921
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
TVA TERCOURSE - 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.
19
C
•
•
COL
I Departmeat cl, Planning and DeveiJ �r�A�;
543/ 665-5651
FAX: 546/665-6395
TO: Planning Commission
3?w „FROM: John A. Bishop AICD, Dcputy Director - Transportation 11
RE: Traffic Impact Analysis (TIA) Standards Update
DATE- June 29, 2009
For your information and discussion, attached please find the most recent draft of the TIA
standards that are going to be considered by the Board of Supervisors.
The Transportation Committee has spent significant time in cooperation with representatives
from the Top of Virginia Builders Association to come to the current draft. At their meeting on
June 22, 2009, the Committee voted to forward the attached draft to the Board for their
consideration. The official recommendation is to adopt the attached policy and direct the DRRC
t o modify the ordinance as necessary t o implement the new TIA Policy.
Attachments
JAB/bad
107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000
rolraffic Imnact Anal sIs Standards
Draft 6 - 36/I5/2009
A Traffic Impact Analysis (TIA) may be required to allow County Officials and staff the
opportunity to assess the impact of a proposed development. The TIA should provide
sufficient information to allow this assessment to take place. Any application that
includes a TIA, which does not meet the standards herein, shall not be considered
complet:.
When a TIA is_r2i
Any action that i eets the thresholds outlined in the Virginia Department of
Transportation Chapter 527 regulations shail require a TIA (see attached VDOT table).
Additionally, Fr.derick County may choose to require a TIA under the followis,g
scenarios:
All rezoning will require a TIA unless waived by Planning Stefl:
2. TIA's for Master Plans will be held to the VDOT Chapter 527 standard for
Subdivision Plat, Site Plan, or Plan of Development.
.i. Any other proposed action (other than site plan) that has not been previously
approved by the County and is expected to generate 100 or more residential
vehicle trip ends in the peak hour or 250 commercial vehicle trips in the peak
hour, where a TIA has not been completed for a similar or greater trip
generation. Additionally, staff may require a TIA on corridors experiencing
significant congestion or safety concerns.
4. A change in use that has not been previously approved by the County and,
while not resulting in greater trip generation, results in a significant change in
trip demographics or peak travel times resulting in an unstudied impact on the
transportation system as determined by VDOT or the County.
Process and Report Requirements
Submit a determination form to Planning Staff, which will be used to
determine whether the project requires a TIA or a VDOT Chapter 527
submittal.
2. Each TIA will be required to undergo a formal scoping meeting with VDOT
and County Staff. The applicant shall be responsible for scheduling the
scoping meeting with the above agencies. A re -scoping meeting will not be
required in the event that one of the agencies is absent.
3, Each submittal must include the following:
a. All required VDOT copies and payment to VDOT for Chapter 527
submittal.
b. All items on the checklist which can be found in the Traffic Impact
Analysis Regulations Administrative Guidelines published by VDOT in
September, 2007. (Utilize the subdivision plat or site plan package
checklist for master plans.)
c. One paper copy (or PDF on CD) and one CD with modeling files. If
submitting PDF of the report, both report and modeling files may be on
the same CD.
d. Planning Staff will distribute all copies to VDOT for review within ten
business days and will provide comments and or approval of the TIA
within four weeks of submittal.
4, Each TIA must include the following:
a. An executive summary which summarizes the development; significant
findings of the TIA; and results of proposed mitigation.
b. Sections on existing traffic, existing traffic with design year background
traffic, existing traffic with design year background and development
generated traffic. In certain situations it may be appropriate to eliminate
some of the above scenarios or to have other scenarios included; the
Planning Staff in concert with VDOT are entitled to make modifications at
the scoping meeting.
c. The TIA must include all proposed access points, with details about access
type-
d. Accident Data for the most recent three year period to include accident
type and severity if readily available from the State Police.
e. Appendices that include output report sheets from the analysis software,
grouped according to location.
£ Planning Staff and/or VDOT may require additional analysis, required by
the uniqueness of each development.
Technical Details
1. Trip generation must be determined using the most recent addition of the ITE.
Trip Generation Report unless a variance is granted by VDOT or the Planning
Staff. Only trip generation methodology approved by VDOT and Planning
Staff may be used.
2. The TIA must depict the maximum traffic generated by the proposed zoning
as determined by the Planning Staff. If the proposed proffers limit the
development activities to uses that produce equal or less traffic, a less than
maximum impact may be used.
3. The applicant may include other applicable scenarios in their presentation to
the Board of Supervisors and/or Planning Commission.
4. existing signal timings provided by VDOT must be used for existing
conditions. However, where existing signal timings are not operating
optimally as demonstrated by the applicant and agreed to by VDOT, an
improved signal tuning plan may be used if that plan is provided by the
app l inapt.
5. revel of Service (-OS) must be considered for all signalized movements and
approaches and shown graphically in the report.
6. When level of service does not meet the requirements of the Comprehensive
Plan, the report must include suggested improvements that would raitigate the
impacts of the development as required by the Comprehensive Plan.
?. When a new signal is proposed, arterial level of service must be analyzed,
including a signal progression analysis if warranted.
8. When conditions of existing or existing with background scenarios result in a
level of service F, additional analysis must be completed, including
development traffic to deennine the impacts of the new develoj merit. i*ems
to include in this comparison are intersection capacity Utilization, changes in
delays, queue lengths, aria' vehicle to capacity ratio.