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PC 05-07-08 Meeting AgendaAGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia May 7, 2008 7:00 P.M. CALL TO ORDER TAB 1) Adoption of Agenda: Pursuant to established procedures, the Planning Commission should adopt the Agenda for the meeting................................................................ (no tab) 2) March 19, 2008 Minutes.................................................................................................. (A) 3) Committee Reports.................................................................................................. (no tab) 4) Citizen Comments.................................................................................................... (no tab) PUBLIC HEARING 5) Conditional Use Permit 902-08 for Gregory and JoAnn Smith, for a Cottage Occupation — Nail Salon. This property is located at 181 Ridings Mill Road, and is identified with Property Identification Number 85 -A -10J in the Opequon Magisterial District. Mr. Cheran....................................................................................................................... (B) 6) Conditional Use Permit #03-08 for John Venskoske, for a Cottage Occupation — Black Powder Sales. This property is located at 863 Chestnut Grove Road (Route 681), and is identified with Property Identification Number 30-A-57 in the Gainesboro Magisterial District. Mr. Cheran....................................................................................................................... (C) PUBLIC MEETING 7) Waiver Request of K & J Investments, LC, submitted by GreyWolfe, Inc., for the non- residential subdivision of an 11.283 acre parcel into four lots of 6.740 acres, 0.844 acres, 1.573 acres and 2.115 acres. The property is located on the east side of Welltown Road (Route 661) across from Stonewall Industrial Park, and is identified by Property Identification Number 43-A-56 in the Stonewall Magisterial District. Mr. Cheran....................................................................................................................... (D) COMMISSION DISCUSSION 8) Ordinance Amendment — Chapter 165, Zoning, Article V, RA (Rural Areas) District, revisions to the Rural Preservation Requirement Mrs. Perkins............................................................................. ...........(E) 9) UDA Ordinance Amendment — Business Overlay District Mrs. Perkins....... ..........(F) 10) Other FILE COPY 0 E 0 MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on March 19, 2008. PRESENT: June M. Wilmot, Chairinan/Member at Large; Roger L. Thomas, Vice Chairmarn/Opequon District; Richard C. Ours, Opequon District; Charles E. Triplett, Gainesboro District; Christopher M. Molm, Red Bud District; Gregory S. Kerr, Red Bud District; Richard Ruckman, Stonewall District; Gary R Oates, Stonewall District; Cordell Watt, Back Creek District; Greg L. Unger, Back Creek District; LaNwence R Ambrogi, Shawnee District; Gary Lofton, Board of Supervisors Liaison; Kevin Talley, Winchester Planning Commission Liaison; and Roderick Williams, Legal Counsel. ABSENT: George J. Kriz, Gainesboro District; H. Paige Manuel, Shawnee District STAFF PRESENT: Eric R. Lawrence, Planning Director; Mark R. Cheran, Zoning & Subdivision Administrator; Candice E. Perkins, Senior Planner; and Renee' S. Arlotta, Clerk, CALL TO ORDER & ADOPTION OF AGENDA Chainnan Wilmot called the meeting to order at 7:00 p.m. Upon motion made by Conunissioner Ours and seconded by Conunissioner Triplett, the Planning Commission unanimously adopted the agenda for the March 19, 2008 meeting. MINUTES Upon motion made by Con-mussioner Ours and seconded by Conu-nissioner Molu1, the meeting minutes of February 6, 2008 were unanimously approved as presented. COMMITTEE REPORTS Economic Development Commission (EDC -- 03/07/08 Mtg. Convnissioner Kerr reported that EDC discussed a proposed zoning ordinance amendment limiting the size of warehousing and distribution in the M 1 (Industrial Limited) Zoning District. Frederick County Planning Con-unission Page 2215 1191Minutes of March 19, 2008 F T -2 - Comprehensive Plans & Programs Subcommittee (CPPS) — 03/10/08 Mtg. Commissioner Oates reported that the CPPS discussed restructuring the CPPS into three smaller subcommittees v, itl one subcommittee concentrating on public facilities, one concentrating on land use plans, and the third on Comprehensive Policy Plan review and language. He said three chairmen have been selected and members have made knowm their preference as to which subcommittee they would like to participate. Commissioner Oates said the CPPS is waiting for the Planning Commission to take formal action before the three subconninittees can materialize. Conunissioner Oates also reported that the Route 277 public participation meeting was held on Tuesday evening, March 17, 2008, at Sherando High School. He said about 150 citizens attended and the meeting went very well with some good exchange of information. Sanitation Authority (SA) — 03/18/08 Mtg. Conunissioner Unger reported rainfall for the month of February was less than one inch. He noted that average rainfall in our area is three inches per month and 35-36 inches aiunually. He said the countyis presently in a ten -inch deficit for the year. Conunissioner Unger reported that a fairly wet summer is needed or Frederick County will more than likely be placed wider some type of moratorium for water. He said the SA is planning to purchase more water from the City of Winchester because production wells are low. In addition, the SA indicated an increase in water rates this year of about 30-33%. Anticipated new hookups for 2008 is 250; 2007 had 500 new hookups; 2006 had 750 new hookups. Welcome to Kevin Talley, Liaison from the City of Winchester Planning Commission Chairman Wilmot welcomed back Mr. Kevin Talley, the City of Winchester's liaison from the Planning Conninission. Chairman Wilmot said that Mr. Talley will be attending the Frederick County Planning Commission meetings this month as the City's liaison. ------------- Appointment of Commissioner Rick Ours as Liaison to the City of Winchester Planning Commission Chairman Wilmot appointed Coni nissioner Rick Ours as the Planning Commission's liaison to the City of Winchester Planning Commission. Chairman Wilmot thanked Commissioner Ours for agreeing to serve as the County Planning Connunission's liaison. Frederick County Plamming Commission Minutes of March 19; 2008 Page 2216 -3 - City of Winchester Planning Commission — 03/18/08 Mtg. Commissioner Ours reported that the City of Winchester Planning Commission acted on two city -sponsored rezonings: the first was a rezoning from CommercialAndustrial to Central/Business which was described as 9/10 acre within the North Cameron Street Warehouse District that needed to be brought into the same zoning as adjoining properties; the second was a. rezoning from Educational/Institutional/Public Use to Highway Commercial and the property is publicly kno,,v.z as the Old Robinson. School House. Conunissioner Ours said this second rezoning will permit an eventual road re -alignment of Papermill Road to Pleasant Valley Road and will make the transportation system work better in that area. He said the City Planning Commission also approved a conditional use permit for Buffalo Wild Wings for a nightclub. He added that a text amendment regarding the use and storage of recreational vehicles and equipment pertaining to off-street parking requirements on residentially -used and occupied properties was discussed. CITIZEN COMMENTS Chairman Wilmot called for public continents on any subject not on the Commission's agenda this evening. No one came forward to speak. PUBLIC MEETING Review of Public Facilities - Site Plan of Frederick County Public Schools, submitted by Greenway Engineering, for Frederick County's 12`x' Elementary School. The new elementary school will be located on Channing Drive within the Lynnehaven Development. The property is identified with P.I.N. 55 -A -206B in the Red Bud Magisterial District. No Action Required Senior Planner, Candice E. Perk -His, presented the preliminary site plan for Frederick County's 12`'' elementary school to the Commission for review and input, she said no action is required. Ms. Perkins reported that the site is located within the Charming Land Bays of the Lynnhaven development in the Red Bud Magisterial District. She said the school consists of 100,800 square feet and has a capacity of 750 students; the facility includes 190 parking spaces, 10 bus parking spaces, an emergency fire lane around the school building, and playground equipment areas, as well as the soccer field. She said the staff has reviewed the site plan and identified issues, such as sidewalks and walkability. Ms. Perkins said it has been determined that a sidewalk along Charming Drive will not be feasible due to the topography of the site, but the school will be responsible for providing sidewalks- along Lynnhaven Drive and Woodrow Road. Ms. Perkins pointed out that the site plan shows an access point on Woodrow Road; she said the staff has had discussions with the applicant about an additional access point and one will be provided from the Lyrinhavend Woodrow Road intersection, to access the fire lane and the school building. Commission members expressed safety and fire protection concerns about having only one public access into the site. Commissioners asked if the pedestrian connection could possibly be made into a fire lane using pavers with grass in between, so if the front access was blocked, there would be another access to the back of the building for fire trucks. They also asked if there was a level area around the bus -parking lot that could serve as a second access from a public right-of-way for fire and rescue vehicles. Frederick County Planning Commission .. Page 2217 Minutes of March 19, 2008 -4— Mr. Mark Smith with Greenway Engineering was representing the site plan for Frederick County Public Schools. Mr. Smith said the pedestrian access area Commissioners referred to was steps and there is about a 20 -foot elevation drop in this particular area. Mr. Smith pointed out areas along the fire lane circling the building where a fire truck could access the building. In addition, Mr. Smith pointed out areas with sidewalks. Referring to the trail issue, Mr. Smith said a six-foot asphalt trail has been constructed along the south side of Chaining Drive. Mr. Smith said the bus parking lot had no level areas and the entire backside of the site had a three -to -one slope. Mr. Smith said he would consult with the school's architect to see if there was a level area around the ball fields that could serve as an access for fire and rescue vehicles, if the main entrance was blocked. At this point of the meeting, Chainnan Wilmot called for public continents. No one came forward to speak and Chainnan Wilmot closed the public cormnent portion of the meeting. No other issues were raised by the Coni nission. No action was needed to taken by the Cotninission. COMMISSION DISCUSSION An ordinance to amend the Frederick County Code, Chapter 165, Zoning, Article XIII, MS (Medical Support) District with the addition of Continuing Care Retirement Communities (CCRC) within the MS District. Senior Plarmer, Candice E. Perkins, reported that over the past few months, the Development Review and Regulations Subconunittee (DRRS) has been reviewing proposed revisions to the Medical Support (MS) District to include Continuing Care Retirement Conununities (CCRC). She said the MS District permits residential wilts intended to support hospitals, medical centers, medical offices, clinics, and schools of medicuie; however, residential wilts that would be part of a CCRC are not allowed. She defined a CCRC as a senior housing development plamied, designed, and operated to provide a full range of accommodations for older persons that include all of the following for its residents: independent living, congregate care or assisted living facilities, and nursing home or skilled -care facilities. A CCRC must also provide facilities for the further enjoyment, service, or care of its residents. Ms. Perkins said the proposed CCRC definition states this use may not contain individual parcels, and may not include condominium options; the conununity must be developed as one parcel, owned and operated by the entity offering rental options for the residential units. A distance requirement is proposed to be placed on the use which states that the CCRC must be within a two-mile radius from the center of the Route 37 Medical Center interchange. Mr. Perkins explained there are specific uses and housing types pennitted within CCRC, and residential densities and average lot sizes have been included with the housing types, as well as occupancy restrictions. Other changes described by Ms. Perkins included commercial entrance spacing requirements, modifications to the structure and parking lot setback regulations, which are intended to pen -nit the residential units in the district to use private alleys, as well as lesser setbacks when they're located on private roads, as well as other minor changes throughout the annenchnent to provide for the CCRC use. The amendment also makes minor changes to other portions of the MS District to clean up the ordinance as well as to introduce new definitions that correspond to this use. Ms. Perkins noted that revisions to the proposed ordinance were provided for each Commissioner this evening. She said originally, through DRRS discussions on the amendment, the CCRC was only to be permitted through a conditional use permit (CUP) with required conditions; however, after conversations with Board members, the preferred route for this amendment is to have the CCRC as a by -right use in the MS District, instead of a conditional use. Ms. Perkins noted that all of the stipulations that were originally proposed to be conditions have been incorporated as performance standards for the CCRC use. Frederick County Planning Commission Minutes of March 19, 2008 Page 2218 -5— Connnissioner Thomas believed this was how the DIM and the Connmission should continue to evolve the ordinance. He said this proposal is looking forward and planning for the future; it is not strictly reactive, NvIuch frequently is the case. Commissioner Thomas said the staff has done an excellent job on the final revisions and this should be used as a model for future ordinance revisions. He believed this particular amendment will help developers plan for the future and will be worthwhile to the County and developers striving to produce a good product. He congratulated the staff and the DRRS for a fine effort and hoped the Conunission could continue along these lines through the remainder of the ordinance. Referring to Page 3, Number 5, Chairman Wilmot pointed out a statement which defines related residential uses and she con niented that the language repeats the intent of the medical center. She inquired if the language was necessary because it seemed to imply that other uses do not have the same intent. Responding to Chairman Wilmot's connment, Planning Director, Eric R. Lawrence, said the staff added the language simply to clarify the different types of residential uses. No other continents were made. No action was needed by the Plannllng Conunission at this time. STRATEGIC PLANNING POLICY Planning Director, Eric R. Lawrence, stated that durivng the momuhg session of the 2008 Plannuig Connnission Retreat, a number of strategic and thought-provoking planning questions were posed. Mr. Lawrence proceeded to lead a discussion of those questions in an effort to continue the strategic thinking and planning exercise; he said the staff will use the Commission's comments to develop work session items for the future. Mr. Lawrence asked the Connnission members for their input on whether Frederick County needs policies dealing with the following issues: • Is the Count), prepared for future growth pressures? (driven by the County's assets of location and quality of life) • What time span should the Comprehensive Policy Plan cover? • Do we have a targeted rate of growth for residential units per year? • How many residential units should be in the pipeline to meet the goal of annual rate of growth? • Is the 25% conunercial and industrial tax base an official policy or a practiced target? • If transportation is critical, should we base land use planning around major corridors? Commissioner Thomas believed the Conmlission needed to evaluate how it reviews and approves the UDA (Urban Development Area). He said the UDA was approved back in 1987 with very few changes made since then and he questioned whether opportunities may have been missed to improve the UDA. Commissioner Thomas said that changing the UDA configuration has been made so difficult, it can't be considered a plan any longer --it is locked in concrete. Conunissioner Thomas said that back in 1987, there was no possible way anyone could have anticipated the type of growth that has taken place over the last ten years in Frederick County. He said this County has changed from a rural county in 1987 to one with a huge urban component and a small rural component; it is not an agricultural county any longer and this needs to be considered. He was concerned about continuing with the same UDA for the next 20 _years, especially if the County wanted to plan strategically towards the future. Frederick County Planning Conmlission (0 r Page 2219 Minutes of March 19; 2008 X911' A F 7 W:C Referring to the question of using growth rates for residential units per year, Commissioner Thomas advised a close look at other localities which have tried to limit growth rates in residential areas_ He said this only benefits developers who already have their land rezoned and makes it very difficult for anyone else to do good planning. He also hesitated to use future population growth rates, questioning which rates would be appropriate for Frederick County to use—the county's, the state's, or the country's. Because of its location, he thought Frederick County would probably grow at a higher rate than the country. He said if residential supply is purposely limited, the price is artificially inflated. Commissioner Thomas said he preferred to focus on those administratively -approved projects that remain undeveloped for three or more years. He suggested an annual rate of escalation be placed on the proffers of undeveloped projects with accepted proffers. He suggested the standard national increase rate, based on the monetary system, and increase proffers annually on any undeveloped property. He said if it's also tied into phasing, the proffers on the fifth year should be more than the proffers on the first year. Comnussioner Thomas noted that the purpose for proffers is to help the County defer costs on infrastructure, such as schools and roads, and it will cost more five years from now to build that infrastructure than it does today. He suggested the Commission obtain a legal opinion to pursue this. Regarding the transportation issue and whether land use planning should be based around major corridors, Commissioner Thomas suggested that infrastructure be the critical component, not solely transportation, as the guide for land use planning and UDA expansion requests. He suggested the County develop its own policies for access management using the County's Transportation Plarmer for guidance and not depend so much on VDOT; he said VDOT's perspective is different from the county's with regard to quality of life and safety. The final item addressed by Commissioner Thomas was the issue of low -impact design standards and design policies. Commissioner Thomas said he would like to see the County move towards low - impact designs standards as a requirement for all new development. He said for many years, the County has had best business practices in effect and encouraged developers to use it; however, he did not see it being used on a frequent basis. Conunissioner Thomas believed that any development outside of the UDA should have strict, high standards for low -impact design in the RA areas for residential units. Specifically, the design standards should include everything from septic systems to building materials, driveways, floor area ratios, etc. Chairman Wilmot advised that low -impact development might be taken on by the Environmental Work Group. Mr. Lawrence said the Environment Work Group was just recently discussing the importance of low -impact design, so that group would be appropriate in helping to detennine where the standards might be applied. Chairman Wilmot had additional post -retreat comments. She suggested the Planning Commission may be interested in having a couple workshops when the regular agenda is light. A suggested topic was the relationship between the staff and the Planning Conunission. Another topic was a discussion on how the General Assemblv's actions and decision will affect the Planning Commission's future work_ NEW APPOINTMENTS TO THE DRRS AND THE UPS Chairman Wilmot appointed Commissioner Laxwence Ambrogi to the DRRS (Development Review and Regulations Subcommittee) and Commissioner Richard Ruckman to the CPPS (Comprehensive Plans and Programs Subcommittee). In addition, she stated Commissioner Richard Ours will be once again covering the City of Winchester Planning Commission meetings. Frederick County Planning Commission rage IlLu Minutes of March 19, 2008 rDj0� il fi'l ADJOURNMENT vote. -7 - There being no further business to discuss, the meeting adjourned at 7:455) p.m. by a unatilinous Respectfully submitted, June M. Wilmot, Chairman Eric R. Lativnence, Secretary Frederick County Planning Conunission Page 2221 Minutes of March 19, 2008 lG� ' CO CONDITIONAL USE PERMIT #02-08 GREGORY AND JOANN SMITH w ®� Staff Report for the Planning Commission 4;g Prepared: April 17, 2008 Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 05/07/08 Pending Board of Supervisors: 05/28/08 Pending LOCATION: This propezty is located at 181 Ridings Mill Road (Route 709). MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER: 85 -A -10J PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Land Use: Vacant South: RA (Rural Areas) Land Use: Vacant East: RA (Rural Areas) Land Use: Agricultural West: RA (Rural Areas) Land Use: Vacant PROPOSED USE: This application is for a cottage occupation — nail salon. CUP 902-08, Gregory and JoAnn Smith April 17, 2008 Page 2 REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a conditional/special use permit for this property appears to have little measurable impact on Route 709, the VDOT facility which would provide access to the property. Existing entrance is adequate for the proposed use. However, should use ever expand in the future, the entrance may have to be upgraded to VDOT commercial standards. Frederick County Fire Marshall: Plan approval recommended. Frederick County Inspections:, Buildings shall comply with The Virginia Uniform Statewide Building Code and section 304-B, Business Use Group of the International Building Code/2003. Other Code that applies is ICC/ANSI Al 17.1-03 Accessible and Usable Buildings and Facilities. Conditional Use of 10x10 area as salon studio within existing Residential R5 shall comply with ANSI A117 and International Building Code for entrance and parking. Existing floor framing 2x10 @16 of for 50 lb sq ft loading (spanning 12'6"). Existing garage shall serve as handicap parking to accommodate when needed. Entrance stairs shall conform to IBC Section 1009.3 for rise/run max 7" and min tread width is 11". Mechanical venting per IMC if deemed required. Frederick -Winchester Health Department: The subject property is served by a new sewage disposal system for which an Operation Permit was issued by this office on 1/3/2008. The system capacity is 600 gallons per day. The system was permitted and approved by a private section Authorized Onsite Soil Evaluator, not the Health Department as required by the Code of Virginia. Therefore, the Health Department has no other comment except for the following recommendations: 1) The system capacity should not be exceeded. 2) The sewage disposal system should only receive domestic waste which does not include any chemicals which may be generated by the business. Planning and Zoning: A nail salon business is a permitted use as a cottage occupation in the RA Rural Areas zoning district with an approved Conditional Use Permit. The proposed use will take place on a 4.8308 acre parcel located in the RA (Rural Areas) Zoning District. There is currently one (1) dwelling located on the property. The property is surrounded by RA -zoned properties with natural woodlands. The closest dwelling is approximately 150 feet from the location of the proposed use. The proposed use will take place within the applicant's dwelling in a 10 x 10 room accessed by an exterior door leading to a gravel driveway. The room to be used for the proposed use is equipped with one nail station for preparing the nails and one drying station that are capable of serving one customer at a time. The applicant has agreed to limit the hours and days of operation, as well as the number of customers that will be seen each week. CUP #02-08, Gregory and JoAnn Smith April 17, 2008 Page 3 Based upon the limited scale of the proposed use and evaluation of the property, it appears this use would not have any significant impacts on the adjoining properties. STAFF CONCLUSIONS FOR THE 05/07/08 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, staff would recommend the following conditions: 1. All review agency comments shall be complied with at all times. 2. No business signs shall be permitted. 3. No other employees, other than those residing in the household. 4. Hours of operation shall be permitted from 7 AM to 6 PM, Monday through Friday. 5. There shall be a maximum number of twenty (20) customers allowed weekly. 6. Any expansion or modification of this use will require the approval of a new Conditional Use Pen -nit. Following the requisite public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. redcrick County, VA Conditional Use Permit CUP # 02 - 08 Application Gregory & Joann Snaith Parcel IIS: Location in the "unty 85 -A - 10J Map Features O Hamlets Application Lakes/Ponds Streams ee Urban Development Area SWSA I r Location in Surrounding Area S`GK cOG 0 250 500 1, PO m '} Case Planner: Mark --tl u . k,v— Ial 11111IJ- uu_vcvcwNnrent I_Locar0r_mtPswregory_.loann6mitn_GuHu208_032708.mxd) 3/27/2008 -- 1:21:51 PM �G 05 85 A 133A !y 85 A 133 85 A 15 85 A 75 h f Q 85 A 15B ?may as A 7 G 6 1 P %S 85 A 1013 v 19 ` P 85 A 124A 85 A 124 85 A 125 �O O 8s 85 A 1OF 85 85 A 1 p 8s 4 7pk 121C P� 85 A 85 A 1218 85 A 10A 8S eh A 10Z 121P D %11 85 P Q y 8S 4 �h M 85 A 13B 85 A 88 d S' 83 A 121 �c �v 7 5� 85 A 13C 0 ?� o 85 A 13E 85 A 92 85 A 120A MgxCOM�RLN 85 A 13D 85 A 85 A 13A 93 119P P g5 85 A 93A p 2- 85 A 119 0h 02% 85 A 96A Q 85 A 97 85 A 13 Q 4� I (85 A 96 �+^�' �°4 o ` 85 A 118 Q h Q m � m 85 A 104 �r 92 A 3 9�i 85 A 113 y 92 A 69 redcrick County, VA Conditional Use Permit CUP # 02 - 08 Application Gregory & Joann Snaith Parcel IIS: Location in the "unty 85 -A - 10J Map Features O Hamlets Application Lakes/Ponds Streams ee Urban Development Area SWSA I r Location in Surrounding Area S`GK cOG 0 250 500 1, PO m '} Case Planner: Mark --tl u . k,v— Ial 11111IJ- uu_vcvcwNnrent I_Locar0r_mtPswregory_.loann6mitn_GuHu208_032708.mxd) 3/27/2008 -- 1:21:51 PM - _ ---._r... ••••_•_� .�,_,.,N�, �,�yv y_ vauu�uuu� L urucU6 u uva.mxa� siznZUUtt -- 1:21:51 PM Supmittal Deadline P/C Meeting DOS meeting AP PLIi...'-c.TION FOR CONDITIONTAL USE PBRYI T FREDERICK COUNTY, VIRGINIA 1. Applicant (The applicant .if the ! owner other) N.CSJ."L,..t � �C>'R \.+ c.� ` � r^ .. �r..3 M.l �.�'� .�..-.....—.�—..CJ ""4 E..+i L .r ADDRESS : TELEPHONE 2. Please list all owners, occupants, or parties in interest of the property: 3. The property L located at: (please give exact directions and include the route number of your road or street) PTZC u� lC Ct �S i it lt6ca i�'L. i► �fl tip i�C �C�i^ i� a`S� G : i i5 C O'z.:'a!_''S iJ R`7 �"..Y1flR �•?.4.1vYF24.. `.'X l.� � � i°' � ) f&i.T 6 6�ed i>'i \��, "SC., G.. 'P..�'hfy�� ¢J ti �e�`.i G%dN'i'� a � �l'..�� 4. The property has a road fAntage of 2-5lr..g feet sand a depth of _ � 7, (,, '31' feet and consists of —A -S-'509 acres. (Please be exact) 5. The property is owned byu, c . �n+.V. as evidenced by deed fromg—L- Cu recorded (previous owner) in deed Itook no. G(oLQ1 00 to on page as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. Tax(Parcel) Identification (I.D. )No. 0-S Magisterial District . Oil Current Zoning t?"' 7. Adjoining Property: .U,SE�ZONING !,Nortl h.4 . East SouthauL West 8. The type of use proposed is (consult with the Planning Dept. before completing) � n 9. It is proposed that the following buildings will be Yc,}onstructed ^ t - 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 �rs-5 PROPERTY ID# ADDRESS SAA �-A�_M i� Ck SA NAME��cift� PROPERTY ID# i.� ADDRESS %b A %,- NAME �J'te� PROPERTY ID# �.. �J ADDRESS 'aAUVi 01�1J��YN cAy Q k a ` `r L!€� NAME L -L(- ADDRESS PROPERTY ID# ` ' 10 Y-.. NAMELL-C.. ADDRESS PROPERTY I D# S ' ( i C; .J- C -1. J -c.1e ev) ?4 Vey NAME c�_rZ -L.0 . ADDRESS PROPERTY ID# '� NAME �i,,,.r..�..:,,�i U--(_ ADDRESS PROPERTY ID# Sb OM �O �- NAME.- ADDRESS PROPERTY ID# 1 S CA �° isr�2td NAME ADDRESS PROPERTY IDi NME C\, ADDRESS PROPERTY ID# NA14E ADDRESS PROPERTY lDj NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# 11. Please use this page for your sketch of the property. Show proposed and/or exist-Lng structures on the property, including measurements to all property lines. 12 . Additional comments, if any: 4.._S �.:r�-%�.��L. ��c -4f. s � �:.%�•� c,4i'ir� �ok.�.r c... ��.� "��fvl�: �� • t� 1 �;'�i� 4S _ �}. f�f�x?..�r �i a�'.e„ �;i,� is°•,.^c. L� _c5_.Y:°t`�.,. i��'lraw`G�t*..� ��l.K�.�s. ��.a..�fZ�c�c.-�. 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 (7j days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Signature of Applicant Signature of Owner Owners' Mailing Address i:��'��tts�r 2tia,t Owners' Telephone No. G - y, - i TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: NOTES: 1. THIS PLAN IS BASED ON TAPED FIELD MEASUREMENTS TAKEN AT THE TIME OF THE INSPECTION AND IS NOT A FIELD RUN LOCATION SURVEY. \ \HSE., 4"SE9�s /45- Y CONN. \� - 1256' GAL. Igd SE -Pi -IC TANK 12:10 GAL. PURAFLO PUMP TANK /1250 GAL. DRIP PUMP TANK /34 7' VALVE BOX, 1 " SUPPLY & 3/4" /J4 7 RETURN LINES \ err] I ��h E 5 �o N �D h U '? zo y w 00 ujo ax OW m uiL- DEC. 2007 1. = 80, 0357-07 0357obi 1 OF 1 i J CONDITIONAL USE PERMIT 903-08 °°� JOHN VENSKOSKE Staff Report for the Planning Commission Prepared: April 10, 2007 Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter: Reviewed Action Planning Commission: 05/07/08 Pending Board of Supervisors: 05/28/08 Pending LOCATION: This property is located at 863 Chestnut Grove Road (Route 681). MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 30-A-57 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Land Use: Vacant South: RA (Rural Areas) Land Use: Residential East: RA (Rural Areas) Land Use: Residential West: RA (Rural Areas) Land Use: Vacant PROPOSED USE: This application is for a cottage occupation — black powder sales. CUP #03-08, John Venskoske April 10, 2008 Page 2 RF -VIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 681, the VDOT facility which would provide access to the property. Prior to operation of the business, a commercial entrance must be constructed to our standards to allow for safe egress and ingress of the property. Any work performed on the State's right-of-way must be covered under a land use permit. The permit is issued by this office and requires inspection fee and surety bond coverage. Sight distance of 610 feet will have to be acquired. At a minimum, cutting brush, small trees and the fence moved back will be required. The entrance will have to be constructed according to the Minimum Standard of Entrances Manual, using the Standard Private Subdivision Road/Street Entrance. Positive drainage needs to be maintained at all times during and after construction. An entrance pipe may be required. This can be discussed on site. Frederick County Fire Marshall: Applicant has permits will review plans at change of use. Frederick County Inspections: Retail Stores shall comply with The Virginia Uniform Statewide Building Code and use group M (Mercantile) of the International Building Code/2003. Other Code that applies is ICC/ANSI Al 17.1-2003 Accessible and Usable Buildings and Facilities. Note: the requirements in IBC table 307.7(1) Allowable Quantity's of Hazardous Materials Storage. Please submit a plan at the time of change of use building application showing the areas being utilized. Permit shall be issued, inspections approved and a new certificate of occupancy issued prior to operation. Frederick -Winchester Health Department: The Health Department has reviewed your request and on account of the characteristics of the business, not having any employees other than Mr. and Mrs. Venskoske, and no public restrooms which is made known by a sign by Mr. Venskoske, the Health Department has no objections to the conditional use permit given that there is no apparent increase in water usage. Planning and Zoning: Staff would like to note that this Conditional Use Permit (CUP) has been applied for in response to a zoning violation for selling black powder to customers from this property without an approved CUP - cottage occupation. A CUP is one avenue to abate this violation. The applicant currently is permitted to sell black powder off site and has an ATF permit and Fire Marshal approval to operate this business. The applicant is requesting that he be allowed to sell black powder to customers on this site. The property is surrounded by like properties, with the nearest dwelling being more than 150 feet from this proposed use. Staff has concerns with sales of black powder during North South Skirmish Association (NSSA) activities. During these NSSA activities, the sale of black powder from this site, and the amount of traffic generated and parking, has caused problems along Chestnut Grove Road. These sales generated the complaint to the Planning Department. CUP 403-08, John Venskoske April 10, 2008 Page 3 The applicant has addressed this issue by adding an additional gravel parking area to the property to mitigate the traffic issues with this proposed use and parking along Chestnut Grove Road. The black power sales will be conducted from a fifty (50) square foot accessory building. STAFF CONCLUSIONS FOR THE 05/07/08 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, Staff would recommend the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. No more than five (5) customers at any time on site. 3. During NSSA activities, all customer parking shall be located on the applicant's property, not along Chestnut Grove Road (Route 681). 4. Hours of operation for on site customers shall be limited to 8 AM to 7 PM. 5. No signage on the applicant's property shall be allowed. 6. Any expansion or change of use will require a new Conditional Use Permit. Following the requisite public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. nsko 0 it 30 A 1 / G J NORTH SOUTH SKIRMISH: �3 i4 C:7 �O 20 A 22 BAYLISS E E JR _ VENSKOSKE JOHN E SR �r �1 m m v K A w m o Z . R A' of30 A J QP DEHAVEN CHARLES ' / �P✓� � ESLJR x o ^e z a X30A A 50 WYNN ANDREA HITZ II dp ADgMS ygR�FSD m / mo Z Pa Y Location in the County Map Features O Hamlets JohnVenskoske_CUP0308 SS Lakes/Ponds Streams Urban Development Area SWSA Conditional Use Pennit CUP # 03 - 08 Application .john Venskoke Parcel ID: 30-A-57 G 330 660 eet p4 Gia _ w w Case Planner; Mark Map Document: (N:\Planning_And_Development\_1_ Locator _Mps\2008\JohnVenskoke_CUP0308_040808.mxd) 4/7/2008 -- 1:30:08 PM N Cry9 7 % ^' A h30 A 122 KAISER GARY W X30A A 50 WYNN ANDREA HITZ II dp ADgMS ygR�FSD m / mo Z Pa Y Location in the County Map Features O Hamlets JohnVenskoske_CUP0308 SS Lakes/Ponds Streams Urban Development Area SWSA Conditional Use Pennit CUP # 03 - 08 Application .john Venskoke Parcel ID: 30-A-57 G 330 660 eet p4 Gia _ w w Case Planner; Mark Map Document: (N:\Planning_And_Development\_1_ Locator _Mps\2008\JohnVenskoke_CUP0308_040808.mxd) 4/7/2008 -- 1:30:08 PM nxuj 4riituuts -- 1:3u:ub YM Submittal Deadline P/C Meeting BOS Meeting APPLICATION POR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (The applicant if the owner other) NAME: Pk ADDRES S: C- f1 � L �` ✓ LV z�� TELEPHONE J- �/ e m 3 3 V 9' 2. Please list all owners, occupants, or parties in interest of the property: 3. The property is located at: (please give exact directions and include the route number of your road or street) l bar 6 Y1 Djv �- 4. The property has a road frontage of - 3 6 C- 6' _ feet and a depth of �6�c,,' feet and consists of Q acres. (Please be exact) 5. The property is owned by <T4kn t,,: /� ' 5% as evidenced by deed from recorded (previous owner) in deed book no. on page , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. Tax(Parcel)Identification (I.D.)No. 14 7 Magisterial District 'A, e i�a .- 0 Current Zoning _ a R - 7. Adjoining Property: USE ZONING North 5 S ►' �, ,4 n y East s -South-'- West South-. West e 8. The type of use proposed is (consult with the Planning Dept. before completing) aC+. k I'd ,J e, P- So 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 * 5 b j -P_ , ADDRESS 3 C i1 u,rCr-e c, 4z Ad PROPERTY IDI NAME 1 1, v► ll sv s 0 5 I� ADDRESS Lip M. PROPERTY ID# NAME -e, s U 5k0s% ADDRESS _] �/' 3 y�r� �,AA.J PROPERTY ID# NAME %3;q y j, 5 s ADDRESS PROPERTY ID# NAME N-5 5 ADDRESS PROPERTY ID# NAME C hot,) �e % V e iv ADDRESS CA X55 tiv U t- (;Pe 0 ` Rd - PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME -.-ADDRESS _--—--------__ _.— - - . - PROPERTY ID# 11. Please use this page for your sketch of the property. Show proposed and/or existing structures on the property, including measurements to all property lines. 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 LI., Signature of owner Owners' Mailing Address Owners' Telephone No. 5"o - F - 3 q q TO BE COMPLETED BY ZONING ADMINISTRATOR: - USE CODE: -- RENEWAL DATE: • C7 SUBDIVISION REQUEST #02-08 K & J INVESTMENTS Staff Report for the Planning Commission Prepared: April 45, 2008 Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist in tire review of this application. It may also be useful to others interested in this Zoning matter. Reviewed Action Planning Commission 05/07/08 Pending Board of Supervisors: 05/28/08 Pending LOCATION: The property is located on the east side of Welltown Road (Route 661) across Brom Stonewall Industrial Park. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 43-A-56 PROPERTY ZONING & PRESENT USE: B-3 (Industrial Transition), M1 (Light Industrial) Land Use: ADJOINING PROPERTY ZONING & USE. North: RP (Residential Performance) South: B-3 (Industrial. Transition) East: Interstate 81 West: RA (Rural Areas) M-1 (Industrial Light) Use: Residential Use: Auto Body Shop Use: Interstate Highway Use: Residential, Warehouse, Vacant SUBDIVISION SPECIFICS: Non-residential subdivision of 11.283 acres creating four parcels of 6.740 acres, 0.844 acres, 1.573 acres and 2.115 acres. Subdivision Request #02-08, K & J Investments April 15, 2008 Page 2 Department of Transportation: We have received your revised site plan dated March 26, 2008. It appears all of our earlier review comments have been satisfactorily addressed. The appropriate land use permit may not be applied for to cover work within the Route 661 right-of- way. The permit is issued by this office and will require a minimum processing fee, surety bond coverage and the salary and expenses of a State assigned Inspector. A copy of any/all recorded plats of dedication for drainage easements or additional right-of-way required for implementation of this proposed project should be provided to VDOT prior to issuance of any land use permits. Dedication should be made to the Commonwealth of Virginia. Inspections Department: No comment at this time. Fire and Rescue: Access and fire hydrant placement will need to be addressed in the site plan phase. Plan approval recommended. Sanitation Authority: Approved. No comment. Plannin14: The Subdivision Ordinance requires that land division within the B-3(Industrial Transition) and M-1 (Light Industrial) Zoning District, without an approved Master Development Plan (MDP), be presented to the Board of Supervisors for final approval(Chapter 144-12 B). The MDP requirement may by waived under Section 165-134 B of the Frederick County Zoning Ordinance provided: 1. Aproposed subdivision contains less than ten (10) acres in the B-3 and M-1 zoning district. 2. Includes no new streets, roads, or rights -of -ways, does not further extend any existing or dedicated street and does not significantly change the layout of any existing or dedicated street. 3. Does not propose any stormwater management system designed to serve more than one lot and does not necessitate significant changes to existing stormwater management systems designed to serve more than one (1) lot. 4. Is not an integral portion of a property proposed or planned for future development or subdivision. 5. Is planned to be developed in a manner that is harmonious with the surrounding properties and land uses. 6. That such development does not substantially affect the purpose and intent of this chapter. This proposed subdivision appears to meet the requirements for a waiver from the MDP requirements; the applicant has been granted a waiver of the MDP requirements. Subdivision Request 902-08, R & J Investments April 15, 2008 Page 3 Staff Review: This 11283+/- acre parcel is located within the Sewer and Water Service Area (SWSA) as noted by the 2007 Comprehensive Policy Plan of Frederick County. The parcel is surrounded by like zoned properties, with the property located north of this of property zoned RA. The parcel is currently split zoned B-3 and M-1, with four (4) structures located on the parcel. This proposed subdivision will create four (4) separate parcels from this 11283+/- acre parcel, resulting in the existing structures occupying their own parcel. STAFF RECOMMENDATION FOR 05/07/08 PLANNING COMMISSION MEETING: Staff is seeking administrative approval authority; therefore, a recommendation from the Planning Commission to the Board of Supervisors regarding the subdivision request is desired. All issues and concerns raised by the Planning Commission will be forwarded to the Board of Supervisors for their consideration. WAV7'02 - 08 Zoning Frederick County, VA 43B-g_14 lA 43 e3s C, Subdivision �� YEN09R•CIT C O V } x Waiver �o WAV 4 02 - 08 Application K&J 11114'esemenls Parcel ID: `t ke 43-A-56 Location in the County 4 19 1A RITE- ADMINISTRATORINC + f� 039 m . ` �o `y� ~ I 43 A 100C \ ✓ 43 1 1 TARGET CORPORATION �' �+ ENO] IF CITY COMPANY i' 110 ar Gr9 Si �F p tl \ y�PO 9 p y FO -V Y y �.nq oR � u oc .p+"t`CCfi 2 av Location in Surrounding Area `GK Cp eet 4'd, 4 ,j' � 0 165 330 66 '4 G�� CROWNiLN '`1 , Nrs2c+ Case Planner: Mark Map Features O Hamlets Zoning � III Applications B1 (Business, Neighborhood District; = Lakes/Ponds B2 (Business, General Distrisl) oStreams ® 63 (Business, Industrial Transition District) Urban Development Area �; EM (Extractive Manufacturing District) • SWSA ® HE (Higher Education District) i� M1 (Industrial, Light District) M2 (Industrial, General District) • MH1 (Mobile Home Community District) +• MS (Medical Support District) R4 (Residential Planned Community District) �l RS (Residential Recreational Community District) C• RA (Rural Area District) RP (Residential Performance District) C Map Document: (N:\Planning_And_Development\_1_Locator_Mps\2008\JohnVenskoke_CUP0308_040808.mxd) 4!7/2008 -- 1:30:08 PM WAV 702 - 08 Land Ite Map -- - - _ --- - --•r- ��,�� „�.� _vvr VJvo_v4vovo.nIXU) 4u/ZUUO -- 1:3U:UtS NM February 12, 2008 Mr. Gary Oates, LS -B, PE GreyWolfe, Inc 1073 Redbud Road Winchester, Virginia 22603 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 RE: MDP (Master Development Plan) Waiver Request K&J Investments, LC Zoning District: B-3 and M-1; Stonewall Magisterial District Property Identification Number (PIN) 43-A-56; 11.283 Acres Dear Gary: FAX: 540/665-6395 I am in receipt of your letter, dated February 6, 2008, which requests a waiver to the requirement for a master development plan in order to facilitate the division of the tract into three parcels. This property is located on the east side of Welltown Pike (Route 661), opposite an entrance to Stonewall Industrial Park. Section 165-134 of the Frederick County Zoning Ordinance gives the Director of Planning and Development the ability to waive the requirement for a master development plan under certain conditions. The proposed development meets these conditions. It contains no new roads; it does not propose any stormwater management design to serve more than one lot; it is not an integral portion of a future development; it is planned to be developed in a manner that is harmonious with surrounding properties and land uses; and, the development does not substantially affect the purpose and intent of the Zoning Ordinance. Therefore, your request for a waiver to the master development plan requirement is appropriate in this situation. Please be advised that this waiver does not eliminate any applicable development and design requirements of the Frederick County Subdivision and Zoning Ordinances. With receipt of this MDP waiver, please be advised that any subdivision of this tract will require review by the Planning commission and Board of Supervisors. Please contact me if you have any questions regarding this letter S4' rely, JP =r Eric R. Lawrence, A1CP Planning Director cc: Mark R. Cheran, Zoning & Subdivision Administrator K&J Investments, LC ERL/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 APPLICATION AND CHECKLIST SUBDIVISION FREDERICK COUNTY VIRGINIA Date: - LO Application :0 '� � Fee Paid Applicant/Agent: GreyWolfe, Inc. - Contact Gary R. Oates, LS -8 Address: 1073 Redbud Road Winchester, VA 22603 Phone: 667-2001 Owners name: K & I Investments, LC Address: 1800 Martinsburg Pike Winchester, VA 22603 Phone: Contact Mr. Keven Omps 667-4919 Please list nawkes of all owners, principals and /or majority stockholders: Keven Omps, managing artner, and John Omps Contact Person: Gary Oates N Phone: 667-2001 Name of Subdivision: n/a GreyWolfe, Inc. Number of Lots 4 Total Acreage 11.283 acres Property Location.. East side of Welltown Road (Rt. 661) across from Stonewall Industrial Park (Give State Rt.W, name, distance and direction from intersection) Magisterial District Stonewall Property Identifikation Number (PIN)) 43-(A)-56 8 1 2 Property zoning and present use: Zoned B-3 and M -i. Used for Heavy Commercial and Railroad loading yard. Adjoins property zoning and use: Zoned RP with residence to the north, B-3 to the south (JR's Autobody) and ISI -1 to the west (Rite-Aid Dist. Center) Has a Master Bcvelopnxmt Plan been sutnaitted for this pro;;cct? Yes X No If yes, lw the final MDP b-imn approved by the Board of Supervw.-S? Yes No What was time Master Development !Plan title? n / a Does the plat contain any changes from the approved MDF? Yes X No if yes, spc-cify wbat changes: M��nn Let Size (smallest lot): 0.844 acres Number and types of housing units in this development: not residential property I have read the material included in this package and understand what is required by the Frederick Cow.mty Planning Depardnent I also understand that all required material wdl be complete prior to the subn7 ssion of my site plan_ Simature: Date: Sial Limited Power of Attorney County of Frederick, Virginia Planning Office, County of F rederielc, Virg a, 107 North Kent Street, Winchester, Virginia 22601 Pboae 344565-5661 Facile 541-b55-6395 Know All Men By These Presents: That i (We) (Name) K & J Investments, LC (phone) (540) 667-4919 (Address) 1800 Martinsburg Pike, Winchester, VA, 22603 the owners) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Cleric's Office of the Circuit Court of the County of Frederick, Virginia, by lnsirurnent No_ DB 792 , Page 1570 Parcel_ 43 Lot: A Block Section: do hereby make, constitute and appoint: , and is described as subdivision. 56A (Name) GreyWolfe, Inc - Gary R. Oates, LS -B, PE (Phone) 667-2001 (Address) 1073 Redbud Road, Winchester, VA 22603-4767 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 &senbed Property, including: ❑ Rezeming (Incladimg- proffers) ❑ Conditional Use Permits ❑ blaster Development Plan (Prebminary amd Final) SabdivW" Site Plan My attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to fTmously approved proffered conditions cxeept as follows: Ibis authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified__ In witness thereof, I (we) have hereto set my (our) hand and seal this �1 day of -3 A , 200 signature(s) Sw e":' Virginia, City/County of ��..� .Q ��c-�L , To -wit: b u D D(- P Notary Public in and for the jurisdiction aforesaid, certify that the person(s) whothe fo of g instrument and who is (are) known tome, �y appeared before me as acknowled sarn befne in the jurisdiction aforesaid this��i y of vaE 200; �G My Con mission Expires: f O NOW Pubbc 1 3 NOTES 1. A TITLE REPORT WAS NOT FURNISHED, EASEMENTS OR ENCUMBRANCES MAY EXIST THAT ARE NOT SHOWN ON THIS PLAT. 2, A 50' SHARED ACCESS EASEMENT IS HEREBY DEDICATED AS DENOTED BY THE DOT -SHADING BELOW. 3. BASIS OF MERIDIAN IS GRID NORTH BASED ON VIRGINIA STATE PLANE COORDINATE SYSTEM (NAD83). 4. AFIELD SURVEY WAS PERFORMED BY GREYWOLFE, INC. IN JANUARY OF 2008. ABBREVIATIONS BLDG = BUILDING 3RL = BUILDING RESTq fmON LINE DB = DEED BOOK DED. = DEDICATION ESMT = EASEMENT IRF = IRON ROD FOUND PG = PAGE R. 0. W. = RIGHT OF WAY —E— = OVERHEAD ELECTRIC & UTILITY LINES LEGEND O = PROPERTY CORNER FOUND IRF UNLESS NOTED OTHERWISE = PROPERTY CORNER SET 5/8"X 24" REBAR WITH YELLOW PLASTIC CAP ® = PROPERTY CORNER SET IN ASPHALT STEEL SPIKE STAMPED "SURVEY MARKER" AREA TABULATION REMAINDER OF PARENT TRACT 43-(A)-56 = 6.740 ACRES NEW PARCEL 43 -(A) -56A = 0.844 ACRES NEW PARCEL 43 -(A) -56B = 1.573 ACRES NEW PARCEL 43 -(A) -56C = 2.115ACRES FREDERICK COUNTY SANITATION AUTHORITY DEDICATION = 0.011 ACRES (OB 869, PG 860) ORIGINAL AREA OF 43-(A)-56 = 11.283 ACRES 15' BRL _ — — — — DOT -SHADED AREAS DENOTE 50' SHARED ACCESS S 11043'19" W - 201.17' EASEMENTS FOR PARCELS ® O 43-(A)-56, 56A, & 568 15' BRL— — — - - 43-(A)-56 w m ZONED: B-3 & M 1 N I 0.844 ACRES / �m g J EX. BLDG w n 43 -(A) -56A I w o 4 ZONED: B-3 I I ti o f 0.844 ACRES F I z I 78.94' 75' BRL mI � I I 50'BRL 50'BRL — o E 50'BRL ., 1 o IS �EX. 40' WATER & SEWER ESMT L j DB 869, PG 860 PR. 10' MAINTENANCE EASEMENT — 50.00 20.00' 30.00' N 11'43'19" E - 201.17' 664.31' TO CORNER \F BOUNDARY FOR 162.70' TO IRON —. WITH PARSONS ZONING - 27.56' ROD FOUND e WELLTOWN ROAD - ROUTE 661 - VARIABLE WIDTH R. 0. W. - <�- 43-(19)-1 43 -(19) -IA LENOIR CITY CO. RITE VA2 ADMIN., INC. I OF VA, INC. DB 888 PG 1465 DB 344, PG 235 60' ZONED: M-1 ZONED: M-1 60' �mom�,___-_ -� USE: WAREHOUSE USE., VACANT ^�� 29.8 ACRES I 15 ACRES GRAPHIC SCALE FINAL PLAT OF n��PLTH OF�I�n SUBDIVISION OF QLic.K & I INVESTMENTS, L. C.2STONEWALL MAGISTERIAL DISTRICT �A ➢ FREDERICK COUNTYVIRGINIA 1518-B 1073 Redbud Road -O� GreyWolfe, Inc„Winchester, VAZ2603 O� 9 GreyWolfelncnaaoLcom uP"J Land Surveying and Consulting 540-667-2001 OFC '! 540-545-4001 FAX FILE NO: 0219 DATE: JANUARY 28, 2008 1 SCALE: 1" = 60' SHEET 2 OF 6 TE 81 INTER TAN R.O. W VARIABLE WIDTH 326 DB 275, EX. 20' WATER ESMT _ — — ` 5FBPL o I DB 869, PG 860 _ - -15' BRL S11°43'19"W-348.57' -- -- -- -- --� �I 43 -(A) -56C ZONED: 8-3 CACRES i 15' BRL f 50.00' N 11'43'19" E — 43 -(A) -56B EX. BLDG R' m ZONED: 8-3 I 43 -(A) -56A 1.573 ACRES 3 ZONED: 8-3 0.844 ACRES �1 l a I _ 50'BRL EX. 40' WATER & SEWER ESMT 1 1,313.84' DB 869, PG 860 PR. 10' MAINTENANCE EASEMENT 365.74' TO CORNER -- WITH PARSONS W 0 60' 0' 60' GRAPHIC SCALE N 11'43'19" E - 298.57' DOT -SHADED AREAS DENOTE 50' SHARED ACCESS EASEMENTS FOR PARCELS 47-/A1-56. 56A- R 1;6R WELL TOWN ROAD - ROUTE 661 - VARIABLE WIDTH R. 0. W. 43 -(19) -IA RITE-VA2 ADMIN., INC. DB 888, PG 1465 ZONED: M-1 USE: WAREHOUSE 29.8 ACRES NOTE: A 10' MAINTENANCE EASEMENT IS HEREBY DEDICATED TO THE COMMONWEALTH OF VIRGINIA ALONG ROUTE 661. THIS EASEMENT IS 10' WIDE BY 1313.84' LONG AND BEGINS ON THE NORTHERN BOUNDAR YADIA CENT TO PARSONS AND EXTENDS TO THE EXISTING WATER AND SEWER EASMENT NEAR THE WAREHOUSES IN FRONT OF ROUTE 861. BOUNDARY FOR PARCEL 43 -(A) -56B FINAL PLAT OF SUBDIVISION OF �NUTHp�c� , & J INVESTMENTS K L, C. STONEWALL MAGISTERIAL DISTRICT �rrcQ�f2 U G1SR yR. OA I LS D FREDERICK COUNTY, VIRGINIA Lic./No.1518-B �11073 Redbud Road (;rey ®lfe9 Inc. Winchester, VA 22603 Land Surveying and Consulting G540 SURv = 6672001 OFC V 540-545-4001 FAX FILE NO: 0219 DATE: JANUARY 28, 2008 SCALE: 1 "= 60' 1 SHEET 3 OF 6 438 (8)-18 JAMES W. PARSONS DB 214 PG 506 ZONED: RP 43B-(8)-1 JAMES W. PARSONS DB 214 PG 506 ZONED: RP RADIUS = 5829.58' ARC = 356.49' Q = 03°30'14" TANGENT= 178.30' BEARING=S 06°18'15" W CHORD = 356.44' INTERSTATE 81 VARIABLE WIDTH R.O.W D8 275, PG 326 %2 'IRF O I I I 43-(A) 58 I I 43-(A)-57 NELLIE MARIE I W I 43 -(A) -56C DB 846, PG 1637 oI os Q j ZONED: B-3 EX. BLDG 2.115ACRE5 D8 888, PG 1465 DB 88 ZONED: RA USE: RES. ZONED: USE: RES. i I 0 NI EX. 20' 29.8 ACRES v I I I WATER ESMT wi DB 869, PG 860 I EX. 20X25' � I I I h I o I SEWER DED. — -- I— ol� DB 869 PG 860 CRES 50' BRL 0.011 A40' J I I / EX. WATER I 20X50' VDOT DRAINAGE ESMT SEWER ESMT& DB 869, PG 860 1,313.84' 19,PG64 _ _— —__— PR. 10'MAINTENANCEEASEMEN�___I ----- N 11'43'19" E - 365.74' 60' 0' 60' GRAPHIC SCALE BOUNDARY FOR PARCEL 43 -(A) -56C FINAL PLAT OF N'r, SUBDIVISION OF oK & J INVESTMENTS, L. C, U� 7�s A STONEWALL MAGISTERIAL DISTRICT (��/ FREDERICK COUNTY VIRGINIA Lic. No. 1518-B t 1073 Redbud Road zf-off � ��9' reywolfe, Inc. Winchester, VA 22603 �_ 9iyO �yO ® Land Surveying and Consulting GreyWolfelnc@aol.com SURv540-667-2001 OFC . ��- 540-545-4001 FAX T 4 OF 6 FILE NO: 0219 DATE: JANUARY 28, 2008 SCALE: 1 "= 60' SHEE WELL TOWN ROAD - ROUTE 661 - VARIABLE WIDTH R. 0. W. 43-(A) 58 I 43-(A)-57 NELLIE MARIE LAUREL W. FLETCHER 43 (1 IA MERRINER DB 846, PG 1637 RI ADMIN., INC. #070015978 I ZONED: RA I D8 888, PG 1465 DB 88 ZONED: RA USE: RES. ZONED: USE: RES. i USE: WAREHOUSE 29.8 ACRES 60' 0' 60' GRAPHIC SCALE BOUNDARY FOR PARCEL 43 -(A) -56C FINAL PLAT OF N'r, SUBDIVISION OF oK & J INVESTMENTS, L. C, U� 7�s A STONEWALL MAGISTERIAL DISTRICT (��/ FREDERICK COUNTY VIRGINIA Lic. No. 1518-B t 1073 Redbud Road zf-off � ��9' reywolfe, Inc. Winchester, VA 22603 �_ 9iyO �yO ® Land Surveying and Consulting GreyWolfelnc@aol.com SURv540-667-2001 OFC . ��- 540-545-4001 FAX T 4 OF 6 FILE NO: 0219 DATE: JANUARY 28, 2008 SCALE: 1 "= 60' SHEE 438-(8)-1 & 18 JAMES W. PARSONS DB 214, PG 506 O '12 `IRF ZONED: RP -- 10' GAS LINE .' EASEMENT #070013250 \ 20 X50' VDOT DR LINAGE ESMT 08 419, PG 64 HATCHED AREAS DENOTE WATER AND SEWER EASEMENTS 02 `, D8 869 PG 860 43-(A)-57 ®• 'r. LAUREL W. FLETCHER va rG DB 846, PG 1637 ZONED: RA USE: RESQN 43-(19)-iA"� c RITE-VA2ADMIN., INC. D8 888, PG 1465 \1 \ ZONED: M-1 a ® � \ USE: WAREHOUSE 29.8 ACRES o� `<.„ \ '/2 'IRF ZONED: 9-3 ZONED: M-1 O 43-(19)-1 LENOIR CITY CO.�� OF VA, INC. 4w D8 344 PG 235 1 /2 "IRF O SHEDS I Z ZONED: M-1 USE., VACANT v � 43-(A)-52 p 15ACRES DIEHL F. & DEBORAH L. WILSON e -`I #950009477 ZONED: B-3 43 -(A) -56C \ m2 S78°16'41"E� 53.09' m NOTE: A 10' MAINTENANCE EASEMENT IS HEREBY DEDICATED TO THE COMMONWEALTH OF VIRGINIA ALONG ROUTE 661. THIS EASEMENT IS 10' WIDE BY 1313.84' LONG AND BEGINS ON THE NORTHERN BOUNDAR Y ADJACENT TO PARSONS AND EXTENDS TO THE EXISTING WATER AND SEWER EASMENT NEAR THE WAREHOUSES IN FRONT OF ROUTE 861. RADIUS = 5829.58' ARC = 757.365' Q = 07-2637- TANGENT= 7°2637"TANGENT= 379.22' BEARING=S 00°4950" W CHORD = 756.83' 43 -(A) -56B S78°16'41"E �-'\�� 40.00' f G' ti 'P (A ) -56A ,E 01 dlag 15 g(�� 31.53' '/z 7RF ® ZONED: 8-3 ZONED: M-1 43-(A)-56 I j N 11 °43'19" E- 162.70' ®. 6.740 ACRES I REMAINING m I o ! U Q� N0815134"E-100.12' ®�� _\ �I a I N14°4629"E-75.11' LIS N 12°10'49" E -125.00' \ w 1/z "IRF 200' 0' 200' z GRAPHIC SCALE / U 6 j �\ C EE 0 / "x N08°5134"E-100.12' N 15000'40" E - 87.14' BOUNDARY FOR PARCEL 43-(A)-56 FINAL PLAT OF �P,LTH of SUBDIVISION OF 0 K & J INVESTMENTS, L. C. o AR 1STONEWALL MAGISTERIAL DISTRICT U T -OA ES D FREDERICK COUNY VIRGINIA Lic. No. 1518-B 1073 Redbud Road IO� 7 Greyw®ne, incite Winchester, VA 22603 Q -� 9iy AC)"` Land Surveying and Consulting GreyWolfelnc@aol.com com D S U RV 540-667-2001 OFC f 540-545-4001 FAX FILE NO: 0219 DATE: JANUARY 28, 2008 SCALE: 1 "= 200' 1 SHEET 6 OF 6 COUNTY of FREDERICK Department of Planning and Development 540/65-5655MEMORANDUM FAX: 540/665-695 To: Frederick County Planning Commission ; f 1 From: Candice E. Perkins, AICP, Senior Planner Subject: Planning Commission Discussion — Rural Preservation Subdivisions Date: April 22, 2008 When subdividing land in Frederick County which is over 20 acres in size in the RA (Rural Areas) Zoning District, one option is to do a rural preservation subdivision. A rural preservation subdivision, while still subject to the one lot per five acre density requirement, allows for the creation of lots as small as two acres with a minimum 40% preservation tract. One issue with these subdivisions is the fact that the preservation tract does not count towards the overall density of the subdivisions and, therefore, the subdivision is permitted to have one additional lot. Staff has been directed to look at revising certain requirements for rural preservation subdivisions. Proposed revisions include removing the preservation lot from the density exceptions and increasing the preservation percentage requirement from 40% to 60%. The Development Review and Regulations Subcommittee (DRRS) discussed these proposed revisions at their meeting on March 27, 2008. The DRRS suggested that other changes should be made to the rural preservation subdivision section in addition to changing the density and preservation percentage requirements. Some of the other changes that the DRRS felt would be necessary included dropping the minimum lot size below two acres in order to make the 60% preservation tract feasible as well as revisions to the road frontage requirements. The DRRS also felt that a 50% preservation requirement may be more appropriate than 60%. This item is presented for discussion. Comments and suggestions from the Planning Commission will be forwarded to the Board of Supervisors. Attachments: 1. Existing Ordinances. 2. Revised ordinances with deletions shown in blackline and additions shown in bold italics. CEP/dlw 107 North Ker_t Street, Suite 202 • Winchester, Virginia 22601-5000 ATTACHMENT 1 § 165-51 FREDERICK COUNTY CODE § 165-52 (1) All repair work shall take place entirely within an enclosed structure. (2) All exterior storage of parts and equipment shall be screened from the view of surrounding properties by an opaque fence or screen at least five feet in height. This fence or screen shall be adequately maintained. X. Sand, shale and clay mining, provided that the following conditions are met: (1) All mining shall be above the mean, existing grade level of a parcel of land. (2) All mining operations shall meet all applicable requirements of state and federal agencies. (3) Such mining operations shall meet the landscaping and screening requirements, supplementary regulations, height, area and bulk regulations and site plan requirements contained in the EM Extractive Manufacturing District regulations. Y. Cottage occupations. Z. Veterinary office, clinic or hospital, including livestock services. [Amended 8-24-20041 AA. Day-care facilities. [Added 8-8-1990] BB. Humanitarian aid organizational office. [Added 1-27-1999] CC. Schools (with residential component). [Added 10-27-1999] DD. Fruit and vegetable stands (SIC 5431). [Added 8-24-2004] EE. Blacksmith shops (SIC 7699). [Added 8-24-20041 FF. Farriers (SIC 7699). [Added 8-24-2004] GG. Horseshoeing (SIC 7699). [Added 8-24-2004] HH. Taxidermists (SIC 7699). [Added 8-24-2004] § 165-52. Permitted residential density; exception. [Amended 12-11-1991] A. The maximum density permitted on any parcel or group of parcels shall not exceed the equivalent of one unit per five acres as determined by the size of the parent tract as it existed on the date of adoption of this section. B. Exception to permitted density. On lots containing between seven and 10 acres which were lots of record prior to the adoption of this article, lots of two or more acres may be created despite the density limit of one unit per five acres, provided that they meet the requirements of § 165-54B of this chapter. Within subdivisions utilizing rural preservation lots, the forty -percent parcel shall not count against the permitted density of the parent tract. 165:72 06- 15.2007 § 165-53 ZONING § 165-54 § 165-53. Minimum lot size. [Amended 12-11-1991] The minimum lot size for permitted uses shall be two acres. § 165-54. Permitted lot Sizes. [Amended 8-8-1990, 12.11.19911 The following types of lots shall be permitted: A. Traditional five -acre lots. On any parcel, lots of five acres in size or greater shall be permitted. B. Family division lots. On any parcel which contained seven acres or more prior to the adoption of this article, lots as small as two acres may be created, provided that the following conditions are met: [Amended 7-10-2002] (1) Lots are conveyed to members of the immediate family of the owner of record of the parent tract. The conveyed lot(s) shall remain with the family member for a period of five years from the date of the creation of the family lot. [Amended 2-28-2007] (2) Only one such lot shall be permitted per immediate family member. (3) One parcel of at least five acres in size shall remain intact following the division. (4) The creation of all such lots shall be in accordance with the provisions of the Frederick County Subdivision Chapter and § 15.2-2244 of the Code of Virginia. C. Agricultural lots. Parcels of five acres or more in size may be created for legitimate agricultural purposes, as defined by this chapter, provided that the parcels created qualify for land use assessment. 4 D. Rural preservation lots. (1) Within the RA Rural Areas District, lots as small as two acres shall be permitted on tracts over 20 acres in size, subject to the following: [Amended 10-13-19931 (a) Forty percent or more of the parent tract shall remain intact as a contiguous parcel (Rural Preservation Tract). [Amended 2-28-20071 (b) This acreage must be designated prior to the division of the fourth lot. (c) No future division of this designated Rural Preservation Tract shall be permitted. [Amended 2-28-2007] (2) Exception to the Rural Preservation Tract. In cases where excessive topography or other natural features of a site create a situation where a higher quality subdivision design, resulting in less physical and/or visual disruption could be achieved by allowing two residual parcels to be created, the Planning Commission may permit the 40% to be made up of two parcels. [Amended 2-28-2007] (3) Board of Supervisors waiver of division restriction. [Amended 2-28-2007] 165:73 06-15-2007 § 165-54 FREDERICK COUNTY CODE § 165-55 (a) The designated Rural Preservation Tract may be released from the restrictions of Subsection D (1) after a period of 10 years from its creation through the rezoning process. (b) The rezoning shall be consistent with the goals of the Frederick County Comprehensive Policy Plan in effect at the time of the rezoning application. (c) The designated Rural Preservation Tract which is within the Urban Development Area (UDA) at the time of its creation, or is included within the UDA as a result of a future expansion of the UDA, shall be eligible for rezoning at that point and shall not be subject to the ten-year restriction on rezoning. § 165-55. Setback requirements. [Amended 12-11-1991; 6-9-19931 The following setback requirements shall apply to all parcels within the RA Rural Areas Zoning District. A. Traditional five -acre lots and family division lots. Setbacks from traditional five -acre lots and family division lots shall be as set out below. [Amended 2-28-2007] (1) Front setbacks. The front setback for any principal or accessory use or structure located on a traditional five -acre lot shall be 60 feet from the property line or right-of-way of the street, road or ingress/egress easement. (2) Side or rear setbacks. The minimum side or rear setback for any principal use or structure shall be determined by the primary use of the adjoining parcel as follows: Setback (Side and Rear) Adjoining Parcel Size (feet) 6 acres or less 50 More than 6 acres 100 Orchard 200 Agricultural and Forestral District 200 B. Rural preservation lots. The minimum setbacks from rural preservation lot lines which adjoin other rural preservation lots shall be as set out below. Side and rear setbacks from rural preservation lot lines which adjoin any parcel other than another rural preservation lot shall be determined by § 165-55A(2) of this chapter. (1) Front setback. The front setback for any principal or accessory use or structure shall be 60 feet from the right-of-way of any existing state -maintained road and 45 feet from the right-of-way of any existing private ingress/egress easement or state -maintained road constructed to serve the subdivision. 165:74 06-15-2007 § 165-55 ZONING § 165-58 (2) Side setback. No principal use or structure shall be located closer than 15 feet from any side lot line. (3) Rear setback. No principal use or structure shall be located closer than 40 feet from any rear lot line. C. Board waiver. The Board may allow the above -referenced setbacks to be reduced if the constraints of the setbacks create an undue hardship on existing parcels of record. Such requests and justification to reduce the setbacks shall be presented to the Planning Commission for a recommendation that is forwarded to the Board of Supervisors. [Amended 9-25-2002; 3-28-20071 D. Accessory uses. The minimum setback for any accessory use or structure shall be 15 feet from any side or rear property line of a traditional five -acre lot or any side or rear property line of a rural preservation lot. § 165-56. Minimum width; maximum depth. [Amended 9-12-1990; 12-11-1991] A. Minimum width. The minimum width for rural preservation lots fronting on roads proposed for dedication shall be 200 feet at the front setback, with the exception of lots fronting on the turnaround of a cul-de-sac, which shall have a minimum width at setback of 100 feet. The minimum width for all other lots shall be 250 feet at the front setback line. B. Maximum depth. The maximum depth of any lot shall not exceed four times its width at the front setback line. § 165-57. Leight restriction. No structure shall exceed 35 feet in height. ARTICLE VI RP Residential Performance District § 165-58. Intent. A. This Article is intended to implement the residential land use policies of the Comprehensive Plan dealing with urban lands. The plan identifies four basic land use characteristics which are to be encouraged: (1) Efficient land use patterns. (2) Reduced housing and public facility costs. (3) Energy efficient housing and housing patterns. (4) Environmentally sensitive land use. 165:75 06-15-2007 ATTACHMENT 2 ARTICLE V RA Rural Areas District § = 65-52. Permitted residential density; exception. [Amended 12-11-19911 A. The maximum density permitted on any parcel or group of parcels shall not exceed the equivalent of one unit per five acres as determined by the size of the parent tract as it existed on the date of adoption of this section. B. Exception to permitted density. On lots containing between seven and ten acres which were lots of record prior to the adoption of this article, lots of two or more acres may be created despite the density limit of one unit per five acres, provided that they meet the requirements of § 165-54B of this chapter. Alithirr-subdivisioRuti'� fi4 Y nrrasen,ation lots, the f AJ Y par -eel + Qul 1est1 not e r,+ against the , mitt. l __ _r eels tthe parent traet-. 165-54. Permitted lot sizes. [Amended 8-84990; 12-11-1991) D. Rural preservation lots. (1) Within the RA Rural Areas District, lots as small as two acres shall be permitted on tracts over 20 acres in size, subject to the following: [Appended 10-13-19931 (a.) Harty S&ty percent or more of the parent tract shall remain intact as a contiguous parcel (Rural Preservation Tract). [Amended 2-28-20071 (b.) This acreage must be designated prior to the division of the fourth lot. (c.) No future division of this designated Rural Preservation Tract shall be permitted. [Amended 2-28-20071 (2) Exception to the Rural Preservation Tract. In cases where excessive topography or other natural features of a site create a situation where a higher quality subdivision design, resulting in less physical and/or visual disruption could be achieved by allowing two residual parcels to be created, the Planning Commission may permit the 401% 60% to be made up of two parcels. (3) Board of Supervisors waiver of division restriction. [Amended 2-28-20071 (a) The designated Rural Preservation Tract may be released from the restrictions of Subsection D (1) after a period of 10 years from its creation through the rezoning process. (b) The rezoning shall be consistent with the goals of the Frederick County Comprehensive Policy Plan in effect at the time of the rezoning application. (c) The designated Rural Preservation Tract which is within the Urban Development Area (UDA) at the time of its creation, or is included within the UDA as a result of a future expansion of the UDA, shall be eligible for rezoning at that point and shall not be subject to the ten-year restriction on rezomng. § 165-56. Minimum width; maximum depth. [Amended 9-12-1990; 12-11-1991] A. Minimum width. The minimum width for rural preservation lots fronting on roads proposed for dedication shall be 200 feet at the front setback, with the exception of lots lonting or, the turnaround of a cul-de-sac, which shall have a minimum width at setback of 100 feet. The minimum width for all other lots shall be 250 feet at the front setback line. B. Maximum depth. The maximum depth of any lot shall not exceed four times its width at the front setback line. Within subdivisions utilizing rural preservation lots, the sixty - percent parcel shall be exempt from the maximum depth requirement. �, J i COUNTY of FREDERICK Department of Planning aad Development 540'1665-565? FAX: 540/665-6395 MEMORANDUM To: Frederick County Planning Commission From: Candice E. Perkins, AICP, Senior PlannerL" � Subject: Planning Commission Discussion — Business Overlay District Date: April 22, 2008 This is the first draft ordinance to begin implementation of the Urban Development Area (UDA) Study, adopted on February 28, 2007. After the adoption of the study, the DRRS worked to develop a small business overlay district to start implementing the goals of the study quickly. A larger traditional neighborhood ordinance will be drafted at a later time. This overlay district (Attachment #1) would be relevant only for properties zoned B 1 (Neighborhood Business) District or B2 (Business General) District. Existing B 1 and B2 zoned properties could seek this overlay through a rezoning. Other properties could seek the overlay at the same time they sought a B 1 or B2 rezoning. This overlay would be an option and not a requirement. The intent of the overlay is to allow traditional neighborhood design in the Neighborhood Villages and Urban Centers (Attachment #2) as per the UDA Study. Features of traditional neighborhood design include: Mix and integration of a variery of uses Increased density in an urban form Connectivity High quality architecture and urban design Smart transportation Community focal points Mix and diversity of housing opportunities Walkability Traditional neighborhood structure Sustainability and environmental quality Integrated community facilities Enhanced design and planning Differences with this overlay compared to the existing B1 and B2 regulations include: • Shallow front setbacks; • Wide sidewalks and a central plaza; • Required windows and entrances on the first floor; Housing allowed, but not required, on the second and third floors; • No required recreational units for the residential units; • Greater waiver opportunities from MDP requirements; 107 North Kent Street, Suite 202 o Winchester, Virginia 22501-5000 Business Overlay District — Planning Commission Discussion April 22, 2008 Page 2 • Greater variety of allowed sign types; and • Calculating wall -mounted signs based on linear frontage, not on area. The DRRS considered this ordinance at their meeting on April 26, 2007. DRRS Members were supportive of the ordinance. The ordinance was then discussed by the Planning Commission on May 16, 2007 and then discussed by the Board of Supervisors at a work session on June 4, 2007. At the work session a consensus on the appropriate location for the overlay was not achieved. Since the work session staff has taken the draft ordinance back to the DRRS and has revised the location as well as other aspects of the ordinance. The DRRS considered the revised ordinance at their meeting on February 28, 2008. DRRS Members were supportive of the revised ordinance and only recommended a few changes. This item is presented for discussion. Comments and suggestions from the Planning Commission will be forwarded to the Board of Supervisors. Once consensus is reached on the ordinance, it will be formatted in a style consistent with the existing ordinance. Attachments: 1. Draft Ordinance 2. Map of Potential Neighborhood Urban Centers and Neighborhood Villages CEP/dlw March 31, 2008 Revised DRRS Draft TNDB Overlay District Article XXIII TNDB (Traditional Neighborhood Design -Business) Overlay District Intent. The TNDB (Traditional Neighborhood Design -Business) Overlay District is intended to implement the comprehensive plan goals of supporting a business climate conducive to economic activity and orderly economic growth, providing a variety of housing types and locations to meet the varied needs and income levels of the county's present and future population, providing for adequate and safe pedestrian and bicycle travel and promoting traditional neighborhood design in urban centers and neighborhood villages, all of the foregoing being deemed to advance and promote the health, safety and general welfare of the public and the orderly development of Frederick County. The TNDB (Traditional Neighborhood Design -Business) Overlay District provides parcels within the County's Urban Development Area (UDA), and parcels within the Sewer and Water Service Area (SWSA) that are located within areas identified as a potential urban center or neighborhood village the ability to utilize traditional neighborhood design criteria that are different from the criteria specified in §165-82 and §165-83 of this chapter. This flexibility is provided to enable traditional neighborhood design which includes a mix and integration of uses; a mix and diversity of housing types, increased density, walkability, connectivity, traditional neighborhood structure, high quality architecture and urban design, sustainability and environmental quality and enhanced design and planning. District boundaries. Properties that are included within the TNDB (Traditional Neighborhood Design - Business) Overlay District shall be delineated on the Official Zoning Map for Frederick County. This map shall be maintained and updated by the Frederick County Department of Planning and Development. Establishment of districts. A. The Frederick County Board of Supervisors may apply the TNDB (Traditional Neighborhood Design -Business) Overlay District, following the procedures of ARTICLE II of this Chapter, to B1 Neighborhood Business District and B2 Business General District properties less than 20 acres upon concluding that: 1. The property is located within the Urban Development area, or located within the Sewer and Water Service Area within an area identified as a potential urban center or neighborhood village in the Comprehensive Plan. 2. The requirements of this section will not have an adverse impact on adjoining properties whose primary use is residential. -1- March 31, 2008 Revised DRRS Draft TNDB Overlay District B. The TNDB (Traditional Neighborhood Design -Business) Overlay District shall be in addition to and shall overlay all other zoning districts where it is applied so that any parcel of land within the TNDB (Traditional Neighborhood Design -Business) Overlay District shall also be within one or more zoning districts as specified within this chapter. The effect shall be the creation of regulations and requirements for the TNDB (Traditional Neighborhood Design -Business) Overlay District that are in addition to, or supersede, as the case may be, those for the underlying zoning district(s). General regulations. A. Use. Any use allowed in the underlying zoning district shall be allowed. Residential dwelling units shall be permitted within the same buildings as other permitted uses, provided that such dwellings units shall be located above the ground floor of the building so as not to interrupt the commercial frontage in the district. B. Residential density. Maximum gross density shall be 10 units per acre. C. Dimensional and intensity requirements. The following dimensional and intensity requirements shall supersede those of the underlying zoning district: Requirement Minimum front yard setback on primary or arterial highways (feet) Maximum front yard setback on primary or arterial highways (feet) Minimum front yard setback on Collector or minor streets (feet) Maximum front yard setback on collector or minor streets (feet) Side yard setbacks (feet) Rear yard setbacks (feet) Floor area to lot area ratio (FAR) Minimum landscaped area (percentage of lot area) Maximum height (feet) -2- TNDB (Traditional Neighborhood Design -Business) Overlay District 30 50 10 20 1.00 15 45 March 31, 2008 Revised DRRS Draft TNDB Overlay District Maximum (number) of habitable floors 3 D. A waiver from the maximum front yard setback on collector or minor streets may be granted by the Board of Supervisors at the time of rezoning to enable areas open to the public such as pocket parks and outdoor seating. E. All other dimensional and intensity requirements of § 165-83 of this Chapter shall apply. Off-street parking; parking lots. Off-street parking shall be provided on each lot or parcel on which any use is established according to the requirements of this section. A. Required parking spaces. 1. Required parking spaces for residential dwelling units shall be dedicated and delineated solely for use by the residents and identified on the Site Plan for the development. 2. Number of required off-street parking spaces for residential dwelling units: Number of bedrooms Efficiency 1 2 plus Off-street parking spaces 1.0 1.0 2.0 3. Required parking spaces for commercial uses shall be in accordance with §165-27 of this chapter. The Zoning Administrator may allow some variation in the standards for required parking for the commercial uses based on detailed parking demand studies provided by the applicant. 4. On -street parking can be counted towards meeting the required parking in § 165-27 of this chapter, provided such parking is located within 400 feet of the subject principal use. B. Location of parking and circulation areas. Areas devoted to parking or circulation of vehicles shall not be located between a primary structure on a lot and the street, nor shall such areas be located closer to the street than the primary structure on the lot. C. All other regulations concerning off-street parking and parking lots shall be as required in § 165-27 of this chapter. Design Standards. -3- March 31, 2008 Revised DRRS Draft TNDB Overlay District A. A harmonious coordination of uses, architectural styles, signs and landscaping shall be provided to ensure the aesthetic quality and value of the development. B. Door and entrances. Buildings must have a primary entrance door oriented towards the street or adjacent plazas, parks, squares, sidewalks or pedestrian passageways. Entrances at building corners may be used to satisfy this requirement. Building entrances may include doors to individual shops or businesses, lobby entrances, entrances to pedestrian -oriented plazas, or courtyard entrances to a cluster of shops or businesses. C. A minimum of 40% of the street -facing building facades between two feet and eight feet in height must be comprised of windows that allow views of indoor space or product display areas. Central Plaza. A plaza that is centrally located within the district shall be provided and shall be a minimum of 5,000 square feet in area or two percent of the total acreage of the site, whichever is greater. At least one side of the plaza shall adjoin a road. The plaza shall include public amenities, such as ponds, fountains, public areas, plan beds, benches, drinking fountains, clock pedestals and the like. Buildings that adjoin the plaza shall be a minim of two (2) stories. Sidewalks and pedestrian walkways. Sidewalks shall be installed along all building entrances and along all streets. Sidewalks located along primary building entrances utilized for the general public shall be a minimum of ten (10) feet wide. All other sidewalks shall be a minimum of five (5) feet wide. Trails. All planned bike trails as identified in the Comprehensive Plan shall be provided along any road within the proposed overlay district. Trails shall be a minimum of 10 feet wide and have a paved surface. Buffers and screening. A. Buffers and screening shall be provided on each lot or parcel on which any use is established according to the requirements of this section. 1. Buffers and screening requirements shall be provided as required in §165-37 of this chapter for the underlying zoning district. Any residential dwelling units shall be treated as commercial floor space solely for the purpose of buffers and screening requirements. Zoning district buffers shall not be required along any existing road right-of-ways which border the development. The Board of Supervisors may grant a waiver to reduce the required buffer distance requirements with the consent of the adjacent (affected) property owners. Should a waiver be granted the distance requirements of §165-37 SE! March 31, 2008 Revised DRRS Draft TNDB Overlay District may be reduced, provided the full screening requirements of the section are met. 2. Loading areas shall be landscaped, screened and buffered from view as seen from adjoining streets and residential areas. Street trees. One street tree shall be provided for every 30 feet of street frontage. Street trees shall be planted no more than 10 feet from rights of way. Acceptable trees shall be based on the list of street trees include in §165-36B of this chapter. Street trees shall be a minimum of three inch caliper at the time of planting. Master Development Plan (MDP) A. The Director of Planning and Development may waive the requirements of a master development plan in the TNDB (Traditional Neighborhood Design - Business) Overlay District for sites less than 10 acres in accordance with §165- 134(C)(2) through §165-134(C)(6) of this chapter. The Director of Planning and Development may also waive the requirements of a master development plan in the TNDB (Traditional Neighborhood Design -Business) Overlay District provided that a proffer statement, accepted by the Board of Supervisors, associated with the development contains a plan which shows: 1. The proposed location and arrangement of all street and utility systems. 2. The proposed location of entrances to the development from existing streets. 3. A conceptual plan for stormwater management and description of the location of all stormwater facilities designed to serve more than one parcel. 4. The location and treatment proposed for all historical structures and sites recognized as significant by the Frederick County Board of Supervisors or as identified on the Virginia Historical Landmarks Commission Survey for Frederick County. B. All other regulations concerning master development plans shall be as required in Article XVIII of this chapter. Signage. A. Projecting signs. Signs which project from the face of the building shall be permitted subject to the following: 1 Maximum sign area shall be six (6) square feet on any side of the building. 2 Distance from the lower edge of the signboard to the ground shall be eight (8) feet or greater. 3 Height of the top edge of the signboard shall not exceed the height of the wall from which it projects for single story buildings, or the height of the sill or bottom of any second story window for multi -story buildings. -s- March 31, 2008 Revised DRRS Draft TNDB Overlay District 4 Distance from the building to the signboard shall not exceed six (6) inches. 5 Width of the signboard shall not exceed three (3) feet. B. Awning signs. Where awnings are provided over windows or doors, awning signage is permitted with the following provisions: 1 Maximum eight (8) square feet of signage area on an awning. 2 No backlit awnings are allowed. C. Wall -mounted signs shall be permitted to encompass 1.5 square feet for every 1.0 linear feet of building frontage, provided that the total area of the wall -mounted sign does not exceed 150 square feet. Wall -mounted signs shall not exceed 18 feet in height. D. Freestanding business signs shall not exceed 50 square feet in area_ Freestanding business signs shall not exceed 12 feet in height. E. All other signs regulations shall be as required in §165-30 of this chapter for the underlying zoning district. -6- March 31, 2008 Revised DRRS Draft TNDB Overlay District ARTICLE XXII Definitions §165-156. Definitions and word usage. [Amended I1-13-19911 HABITABLE FLOOR — Any floor usable for living purposes, which includes working, sleeping, eating, cooking, or recreation, or a combination thereof, except for a floor used only for storage purposes. STREET, COLLECTOR - A street, so classified by the Virginia Department of Transportation or by the standards of Frederick County, that may be required to serve as access to adjoinintD g properties or to connect with streets in adjoining subdivisions. STREET, LOCAL — A street, so classified by the Virginia Department of Transportation or by the standards of Frederick County, designed to serve as access to adjoining properties or to connect with streets in an adjoining subdivision. -7-