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PC 02-01-06 Meeting AgendaAGENDA FREDERICK COUNTY PLANNING COMMISSI0r1 The Board Doom Frederick County Administration Building Winches'er, Virginia February 1, 2006 7:00 P.M. CALL TO ORDER TAB 1) December 7, 2005 Minutes.................................................................................................... (A) 2) Committee Reports........................................................................................................ (no tab) 3) Citizen Comments.......................................................................................................... (no tab) PUBLIC HEARING 4) Conditional Use Permit #10-05 of William Broy for an Off -Premise Business Sign. This property is located at 3605 Valley Pike, and is identified with Property Identification Number 63-A- 84 in the Shawnee Magisterial District. Mr. Henry............................................................................................................................... (B) 5) Red Bud Agricultural and Forestal District — To consider establishment of a new Agricultural and Forestal District containing 879.98 acres with 43 parcels, managed by 24 property owners. Mr. Suchicital......................................................................................................................... (C) 6) Zoning Ordinance Amendment — Change to Article X - Business and Industrial Zoning Districts, Section 165-82 - District Use Regulations, A - B 1 Neighborhood Business District, enabling Health Clubs, Standard Industrial Classification Code 7991 (SIC -7991). Mr. Cheran............................................................................................................................. (D) PUBLIC MEETING 7) Waiver Request for Robert and Sylvia Johnson, to consider an entrance spacing waiver permitted in Article IV Section 165-29B(1) of the Frederick County Zoning Code, to allow a commercial entrance less than 150' from an existing residential driveway and a state road. Ms. Perkins............................................................................................................................ (E) DISCUSSION 8) Round Hill Sewer and Water Service — To consider a request to include approximately 33.5 acres of land into the Sewer and Water Service Area (S WSA). The properties are locatedsouthof Northwestern Pike (Route 50) north of the Winchester and Western Railroad line, cast ofAbrams Creek, and adjacent to Round Hill Road (route 803). The subject parcels are identified by Property Identification Numbers 52-A-71 A, 52-A-252, 52-A-254, 52 -A -254A, 52 -A -254B, 53B- 1-18, 5313-1-17, 53B-1-16, 53-B-1-15, 5313-1-14, 538-1-13, 5313-1-12, and 5311-1-11 in the Gainesboro and Back Creek Magisterial Districts. Mrs. Eddy.................................................................. .. .......................(F) 9) Other FILE COPY C' J • 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 December 7, 2005. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; Roger L. Thomas, Vice Chairman/ Opequon District; Pat Gochenour, Red Bud District; George J. Kriz, Gainesboro District; June M. Wilmot, Shawnee District; Cordell Watt, Back Creek District; Charles E. Triplett, Gainesboro District; Marie F. Straub, Red Bud District; Greg L. Unger, Back Creek District; Richard C. Ours, Opequon District; H. Paige Manuel, Member -At -Large; Barbara Van Osten, Board of Supervisors' Liaison; and Lawrence R Ambrogi, Legal Counsel. ABSENT: John H. Light, Stonewall District; Robert A. Morris, Shawnee District; and David Shore, City of Winchester Liaison. STAFF PRESENT: Eric R. Lawrence, Planning Director; Mark R Cheran, Zoning & Subdivision Administrator; Susan K. Eddy, Senior Planner; Candice E. Perkins, Planner II; Bernard Suchicital, Planner 1; Kevin Henry, Planning Technician; John D. Kirby, Zoning Inspector; and Renee' S. Arlotta, Clerk. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MINUTES Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the minutes of the November 2, 2005 Planning Commission meeting were unanimously approved as presented. PUBLIC HEARING Conditional Use Permit #09-05 of Richard L. Heisey for a Cottage Occupation -Woodworking Shop. This property, zoned RA (Rural Areas), is located at 663 Dicks Hollow Road (Rt. 663) and is identified with P.I.N. 41 -A -40D in the Gainesboro Magisterial District. Action — Recommended Approval with Conditions Frederick County Planning Commission Page 1637 Minutes of December 7, 2005 0 -2 - Planner John D. Kirby reported that the proposed conditional use permit (CUP) is for a cottage occupation for a wood -working shop which will be conducted in a 30 -foot by 65 -foot existing accessory structure at the rear of the seven -acre property, owned by Mr. Richard L. Heisey and Nancy S. Heisey. Mr. Kirby said the applicant is requesting to have three employees; he said the Health Department has requested that no more than eight people be allowed on the drainfield. He added that a gravel lot alongside the structure will be sufficient for employee parking. Mr. Kirby stated that based on the limited scale of the applicant's proposed cottage occupation, it appears this use would not have a negative impact on adjoining residential properties or detract from the rural character of the area. Mr. Kirby next read a list of recommended conditions, should the Commission find the CUP to be appropriate. Mr. Richard L. Heisey, the owner and applicant, came forward to answer questions from the Commission. Commissioner Kriz asked Mr. Heisey how many family members he had residing at his home and Mr. Heisey replied four. In light of the Health Department's comments, Commissioner Kriz asked Mr. Heisey if he would prefer the CUP to allow four employees, rather than three as stated. Mr. Heisey was agreeable to the suggestion, commenting that it could serve as a cushion for his operation. Chairman DeHaven called for public comments, however, no one came forward to speak. Commissioner Kriz moved to recommend approval of CUP #09-05 with an increase in the number of permitted employees from three to four, as stated in condition #4. This motion was seconded by Commissioner Ours and unanimously passed. BE IT RESOLVED, THAT the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #09-05 of Richard L. Heisey for a Cottage Occupation -Woodworking Shop, located at 663 Dicks Hollow Road (Rt. 663), with the following conditions: All review agency requirements shall be complied with at all times. Any expansion or change of use shall require a new conditional use permit. No retail sales of merchandise shall be permitted on site. 4. No more than four employees shall be permitted. This property has a drainfield capacity of up to eight people; therefore, the Health Department has requested that no more than eight people be allowed on the drainfield, including employees. 5. No business signs shall be permitted. (Note: Commissioners Morris and Light were absent from the meeting.) Frederick County Planning Commission Minutes of December 7, 2005 LnD Page 1b325 -3 - Consideration of proposed modifications to the Western Jubal Early Land Use Plan (WJELUP), an element of the Comprehensive Policy Plan, including the expansion of the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA) by 267 acres. The UDA/SWSA expansion is a Comprehensive Policy Plan Amendment (CPPA) Request 908-04 of the Solenberger/ Bridgeforth properties. The WJELUP includes properties bounded by Cedar Creek Grade (Rt. 622) to the south, Route 37 to the west, Merriman's Lane (Rt. 621), and the City of Winchester to the north and east. The subject properties are identified with P.LN.s 52 -A -310,53 -A -90,53-A-91, 53-A-92, 53 -A -92A, 53 -A -92B, 53 -A -94,53 -A -95,53-3-A, 53-3-A1, 63-A-1 (only the portion east of Rt. 37), 63 -A -1A, 63 -Al E, 63 -A -2A, 63 -A -2B, 63 -A -2D, and 63 -A -2L, all within the Shawnee Magisterial District. Action - Recommended Approval Commissioner Unger said that he would abstain from all discussion and voting on this item, due to a possible conflict of interest. Senior Planner, Susan K. Eddy, noted all of the previous occasions this item was discussed by the Planning Commission and the Board of Supervisors. Ms. Eddy said the request actually includes two items for consideration: the first item is a request to include approximately 260 acres of land, known as the Solenberger-Bridgeforth property into the Urban Development Area (UDA); the second item includes proposed modifications to the Western Jubal Early Land Use Plan (WJELUP). Ms. Eddy pointed out the properties on a display map. Referring to the Western Jubal Early Land Use Plan, Ms. Eddy reported that the predominant land use proposed for the area is residential, with a gross residential density of up to four dwelling units per acre, including two areas for commercial development along proposed Jubal Early Drive Extended, and along the intersection of Route 37 and Cedar Creek Grade. She said that earlier versions of this plan designated these two particular areas as mixed use; however, the Board of Supervisors had not been satisfied that the limited commercial would be sufficient and they recommended that the mixed-use areas be changed to commercial areas. Ms. Eddy said the plan designates environmentally -sensitive areas not to be disturbed, primarily in the Abrams Creek area, text has been included encouraging protection of the Baker -Jacob House, and text has been included calling for a school facilities site. She added that a key component of the proposed plan still remains transportation; the plan shows Jubal Early Drive extending from the City, in an east -west direction, over to anew interchange with Rt. 37; it also includes a north -south collector road and improvements to Cedar Creek Grade; and, an integrated trail and sidewalk system is also sought. Commissioner Straub commented about the close proximity of Merriman Lane to the proposed connection of Jubal Early to Route 37; she inquired if there will also be access from Merrimans Lane. Ms. Eddy replied that the intent has been for Merrimans Lane to be re -aligned and to provide access. Mr. Evan A. Wyatt with Greenway Engineering was present to represent the Solenberger and the Bridgeforth families in this request. Mr. Wyatt stated that the Board of Supervisors wanted to make sure VDOT was comfortable with the concept of the interchange on Rt. 37; he added that the Metropolitan Planning Organization (MPO) has been studying this issue and the applicants wanted to be sure the Comprehensive Policy Plan and the MPO were in -sync with each other. He said that VDOT issued a letter in June 2005 stating they would support the new interchange for Comprehensive Policy planning purposes. Mr. Wyatt said the ultimate approval of the break in access lies solely with the Commonwealth Transportation Board. Regarding the Land Use Plan, Mr. Wyatt said the applicants are requesting that the text be forwarded to the Board of Supervisors for approval; he said the property owners are comfortable with the language. Frederick County Planning Commission Page 1639 Minutes of December 7, 2005 UP, n nA V V -4 - Commissioner Gochenour said that she understood the interchange was crucial to this development; she asked who was going to pay for the interchange to be constructed. Mr. Wyatt agreed the interchange was important, however, he believed the regional collector road systems were just as important. Mr. Wyatt said that there was considerable discussion at both the committee and commission levels on funding and a primary concern was with the original text specifying that funding of the interchange should lie solely with the property owners. He explained that the new language indicates that the property owners will be a part of the funding solution, however, it includes flexibility for partnerships with VDOT, the City, and the County. Mr. Wyatt said that when rezonings come forward, he foresees the owners' participation in getting that funding. Commissioner Straub commented that if West Jubal Early Road is constructed, it would traverse some developmentally -sensitive areas; she asked if an environmental study was being done beforehand. Mr. Wyatt pointed on the map to the defined wetlands area and stated that in order to construct the road there, a wetlands permit will have to be issued by the Corps of Engineers. He added that the issue had already been resolved. Chairman DeHaven next called for public comments and the following persons came forward to speak: Ms. Carolyn Lewis, a resident of Merrimans Lane, said she was representing her neighbors and other residents of the area. Ms. Lewis described the existing traffic problems on Merriman Lane, such as trouble exiting driveways and traffic back-ups from the Amherst Street traffic light and at Jubal Early Drive. She said the main thoroughfare through this area has gotten much worse with the development to the south and with the opening of the new Walmart store. She was concerned about the traffic that will be created and added to this area with this new proposal and requested that something be put in place beforehand to prevent an even greater problem. Ms. Lewis said that she and her neighbors were in favor of the Jubal Early Drive extension and the Route 37 Interchange. Mr. David Worthington, a resident of Winchester, said he previously owned property within Orchard Hill subdivision, which is adjacent to this property. Mr. Worthington was concerned about the environmental issues involved with this project, especially the sensitive areas around the Abrams Creek corridor. He mentioned the riparian areas, the greenways for animal migration, and other actions he thought were necessary to ensure that wildlife diversity and numbers in this area do not suffer because of the proposed land use change. He said that simply identifying these areas as "developmentally sensitive" does not provide the level of protection they require and appears to suggest that development will be allowed in these areas. Mr. Worthington was also concerned about the impact the Jubal Early Drive extension would have on environmental issues in both the City and the County; he said the road is proposed to be routed through questionable stormwater and swale-type areas that may not be conducive to road construction. Mr. Worthington stressed the importance of the interchange at Jubal Early and Route 37 so that traffic is not funneled through residential neighborhoods; he was concerned about who would pay for the provision of fire and rescue services; and he believed the pace of housing construction was too high within the County and he suggesting controlling the growth to protect both the County and the City. Commissioner Thomas believed this proposal was a good potential project and it was located in an area that should be considered for future residential and commercial development, particularly because of its location within the Rt. 37 boundaries and because it was adjacent to the City of Winchester. Commissioner Thomas believed both citizens who spoke had valid comments, but the issues raised should be considered during the rezoning phase and with the applicant's prof;vrs. He predicted that if approved, this development would not begin until five or more years. He commented that the property could initially be developed from the south with Frederick County Planning Commission Minutes of December 7, 2005 I��l 0 1 F si' rage lo4u -5 - quick access to Route 37. Commissioner Thomas stated that the county needed this project in order to complete its regional transportation plan for that area; he also believed it fills an area that is currently under-utilized between Route 37 and the City boundary. Commissioner Gochenour pointed out some significant challenges still facing the Urban Development Area (UDA), such as fire and rescue service, impacts on environmental areas, and water and sewer availability; she was concerned about expanding the UDA at this time and increasing residential growth. She believed there were too many unresolved issues and, therefore, she was not in favor of bringing more development into the UDA at this time. Commissioner Straub was concerned about who would pay for the connection to Route 37, especially since money could not be foreseen coming from VDOT. Commissioner Straub believed the source of the funding for the interchange should be identified beforehand. She also expressed concern about building Juba] Early all the way to Route 37, and then, possibly, not being able to construct the Route 37 interchange. In addition, Commissioner Straub believed the potential increase in student population would be a problem, creating the need for at least two more elementary schools. Commissioner Ours commented that it has always been well known that this area would eventually develop into residential and he favored the idea of increasing the commercial areas. He believed the primary issue, however, would eventually be the development of the interchange at Route 37. He stated that it would be totally irresponsible on the part of the Commission if, at some future date, the northern part of this area is allowed to be developed without the transportation infrastructure; he said the current infrastructure can not support the development and the developers will have to pay their share. He was not opposed to expanding the UDA. Commissioner Wilmot concurred with all of the statements previously made. Regarding the transportation issue, she said the Planning Commission will have a responsibility as well. She quoted from the Land Use Plan, "... no rezonings will occur without solutions to the transportation system having been mitigated" Commission members raised a question about the City of Winchester's involvement. Ms. Eddy stated that when the first Jubal Early Plan was developed in 2003-2004, the City of Winchester was very involved. Ms. Eddy said the City has been kept abreast of the changes that have been proposed and discussions have taken place regarding issues such as fire and rescue. Commission members believed that the City should also participate in the costs. Commissioner Wilmot believed the most important consideration was whether this was a good land use for this particular area. She did not consider that this proposal should be penalized because it was coming on the heels of a number of potential areas that have already been approved. Commissioner Wilmot made a motion to approve the proposed modifications of the Western Jubal Early Land Use Plan and the UDA/SWSA expansion request CPPA 908-04 of the Solenberger/ Bridgeforth Properties. This motion was seconded by Commissioner Kriz. Frederick County Planning Commission Page 1641 Minutes of December 7, 2005 up 0 am BE IT RESOLVED, THAT by a majority vote, the Frederick County Planning Commission does hereby recommend approval of the proposed modifications to the Western Jubal Early Land Use Plan (WJELUP), which is an element of the Comprehensive Policy Plan, including the expansion of the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA) by 267 acres. The UDA/SWSA expansion is a Comprehensive Policy Plan Amendment (CPPA) Request #08-04 of the Solenberger/ Bridgeforth properties. The majority vote was as follows: YES (TO REC. APPROVAL): Wilmot, Manuel, Triplett, Kriz, Ours, Thomas, Watt, DeHaven NO: Straub, Gochenour ABSTAIN: Unger (Commissioners Morris and Light were absent from the meeting.) PUBLIC MEETING Master Development Plan 411-05 for Westbury Commons, submitted by Greenway Engineering, for 11 proffered, age -restricted, single-family, small -lot detached dwellings on 3.13 acres, zoned RP. The properties are located on the east side of Westminster Canterbury Drive, approximately 500 feet south of the intersection of Route 522 and Westminster Canterbury Drive. The properties are further identified with P.I.N.s 53-4-3-E and 53-4-3F in the Stonewall Magisterial District. Action - Recommended Approval Planner Candice E. Perkins reported that this master development plan (MDP) was discussed and tabled at the Planning Commission's November 2, 2005 meeting, to allow sufficient time for the applicant to provide the Commission with a revised MDP in their agendas. She said that with this MDP application, the applicant is requesting a waiver pursuant to Section 165-64A(1) of the Frederick County Zoning Ordinance; in accordance with this section, the Board of Supervisors may provide a waiver for the community center requirement, in single-family subdivisions that contain less than 50 lots. She said that the applicant is providing two park benches and trails, which were proffered during the rezoning, and a 14 -foot gazebo in lieu of the community center. Ms. Perkins said that upon resolution of the recreational center waiver, this MDP will be consistent with the MDP requirements of the Zoning Ordinance; she said the preliminary MDP is also in accordance with the proffers of the rezoning and has addressed the staff's concerns. Mr. Evan A. Wyatt, with Greenway Engineering, was representing the owners, Harvest Communities, Inc. and the Westbury Commons MDP. Mr. Wyatt said the issues identified in the staffs previous report had been addressed in the MDP provided at the November 2 meeting. However, since the revised plan had been provided to the staff too late to be included in the Planning Commission's agenda packet, members of the Commission agreed to table the plan because they preferred to have some time to review the latest submission. Frederick County Planning Commission Minutes of December 7, 2005 III -7 - Mr. Wyatt said that in developing their recreational amenities package, they worked with the staff of the Department of Parks and Recreation to determine if the provision of a gazebo, two park benches, and trails were appropriate for this age group and if the values were satisfactory to meet or exceed the $27,500 value of the community center that would have been required. He said information has been provided within the package that will demonstrate that the applicant has met and exceeded the value requirement. Mr. Wyatt said there was one issue outside of the MDP scope that he wanted to make sure the Planning Commission and the Board of Supervisors was made aware of. Mr. Wyatt proceeded to tell the Commission about a flooding event that had occurred on an adjoining site. Mr. Wyatt said that in preparation for work on the property, a land disturbance permit was issued and the initial site work was carried out, which included sediment traps instead of having the full storm water pond. He said that with the hard rain the previous week, water escaped the sediment traps and flooded an adjoining property owner's basement. Mr. Wyatt said that since the event occurred, Mr. Stuart Butler, President of Harvest Communities, Inc., has been very proactive in working with the adjoining property owner to make sure any damages are taken care of and, more importantly, he has been working to make sure there is a solution to the problem. Mr. Wyatt explained that the.lay of the land for this particular house is extremely flat; the elevation of the floor for the basement is almost identical within a tenth of a foot of the grade of the yard, so there's no place for the water to go. He stated that Mr. Butler is not only working with that owner to make sure the structure is taken care of, but he is also working to design a solution and make sure storm water problems do not occur on that lot in the future. Chairman DeHaven next called for public comment, however, no one came forward to speak. Commissioner Gochenour remarked that Mr_ Butler had been extremely positive in his response to this flooding incident. Commissioner Gochenour said that the adjoining property owners, the Wrenns, had a great deal of water come in as a result of the flooding. She said that Mr. Butler is working with the Wrenns on both the inside and outside of their home and, as of this afternoon, plans are being made to address the issue. Commissioner Straub suggested that the applicant use a no -maintenance material for the benches and gazebo instead of wood, to eliminate the need for regular staining and painting. Commissioner Kriz stated that this application was discussed thoroughly at the previous meeting; however, he requested that it be tabled because the Commission did not have the revised materials. Commissioner Kriz said that everything seemed to be in order now and he moved to recommend approval of the MDP, with the waiver of the community center requirement as requested. This motion was seconded by Commissioner Wilmot and unanimously passed. (Commissioners Morris and Light were absent from the meeting.) Consideration of a waiver request for Gas Mart #7, submitted by Keith Engineering, Inc., for an entrance spacing waiver permitted in Article IV, Section 165-29B(1) of the Frederick County Zoning Ordinance. This waiver would allow a new commercial entrance to be placed less than 200 feet from an existing road and an existing entrance. Action —Denied Frederick County Planning Commission�� Page 1643 Minutes of December 7, 2005 ]' 'A N No Planner Candice E. Perkins presented the request by Keith Engineering, Inc. on behalf of Gas Mart #7 for a waiver from Section 165-29A(4), as allowed by Section 165-29B(1) of the Frederick County Zoning Ordinance, to allow for a reduction in the minimum entrance spacing for business entrances on arterial roads. Ms. Perkins noted that the properties are located at the corner of Route 7 and Eckard Circle and are zoned B2 (Business General). She said the approval of the waiver will allow the property to develop as a gas station use with a right -in/ right -out onto Route 7. Ms. Perkins stated that the entrance spacing requirement for this site is 200 feet from any existing entrance; the proposed entrance is shown 75 feet off the Eckard Circle entrance and 125 feet off the adjacent Seven -Eleven entrance. She explained that the applicant would need a waiver of 125 feet off of Eckard Circle and a waiver of 75 feet off the adjacent Seven -Eleven entrance. Mr. F. J. Keith, P.E., President of Keith Engineering, Inc., said the proposed entrance was a previously -existing entrance, but did not meet the VDOT entrance requirements. Mr. Keith said that in order for the proposed convenience store to be successful, they believed an entrance off of Route 7 was necessary. He said the owners have agreed to widen and repave Eckard Circle. Mr. Keith added that they approached representatives of the Seven -Eleven store about the possibility of a shared entrance; however, they were unsuccessful. Commissioner Gochenour inquired if VDOT had provided their approval of the proposed new entrance and Mr. Keith replied yes. Commissioner Thomas commented that in addition to the requested entrance off Berryville Avenue (Rt. 7), the applicant would have an additional access at Eckards Circle; he noted that both entrances will be a "right -out only" exit. Commissioner Thomas asked Mr. Keith why he believed they needed the access on Berryville Pike_ Mr. Keith replied it was for the exposure to vehicles traveling along Route 7. Commissioner Thomas asked Mr. Keith how many residences were located on Eckard Circle and if he knew the volume of traffic there. Mr. Keith thought there were approximately 10 to 20 residences on Eckards Circle. Commissioner Wilmot asked Mr. Keith to explain the relationship between the proposed entrance and the existing deceleration lane at this location; she said it appeared to her that the proposed entrance and the deceleration would conflict with each other. Commissioner Triplett asked if it was possible to widen or lengthen the existing deceleration lane. Mr. Keith replied that the lot was narrow and there was not enough width to meet a standard VDOT deceleration lane. Chairman DeHaven called for public comments and the following person came forward to speak: Mr. Jeff Ketron, an adjoining property owner at 104 Blossom Drive, behind the Seven -Eleven, was concerned about the elevation of the proposed Gas Mart site because his lot and home were lower; he said he was concerned about having gasoline pumps above the grade of his home. He commented that the deceleration lane for the Seven -Eleven is not a primary issue because there is another entrance there off Blossom Drive. He said most of the traffic comes in through Blossom Drive, to avoid the Greemvood-Redbud-Millbrook traffic lights, to access Greenwood Road. He said this was a high -traffic area in only a 100 -foot span, which is at the end of his driveway. Mr. Ketron said he was not as concerned about the entrance as he was at having the grade of the proposed gasoline pumps above his property. Chairman DeHaven asked Mr. Kieth if he had done a grading plan for the proposed site. Mr. Keith replied yes; he said that they were dropping the level of the site approximately four -to -five feet. Chairman DeHaven suggested to Mr. Keith that he meet with Mr. Ketron to talk about the grading concerns. Frederick County Planning Commission Page 1644 Minutes of December 7, 2005 1_ LI ME Commissioner Ours said the geometrics of the proposal was of a concern to him, especially because traffe along this section of Route 7 gets very busy and moves quickly; he said that when the Commission grants a waiver, there should be reasonable cause and he could not see a clear reason to grant a waiver. Commissioner Thomas agreed. He said he tried to justify another entrance that would violate guidelines, based on speed limit and spacing from other entrances, but there would be about one -and -a -half vehicles every minute for the afternoon peak traffic and, at that same time, vehicles would be traveling on Route 7 going east at 45 mph. He believed it would create interference, especially considering three entrances that close together. Commissioner Thomas did not view this as a hardship, but a design problem that could possibly be worked at Eckard Circle or with Seven -Eleven. Commissioner Thomas believed a safety hazard would be created with four entrances in what appears to be about 250 feet, with Eckard Circle, this Gas Mart, Seven -Eleven, and Blossom Drive within a 45 -mph speed limit. In an opposing viewpoint, Commissioner Triplett said that he could understand why the Gas Mart wanted to use an existing right-of-way and simply make it larger. Referring to the traffic situation, he pointed out that this was within a 45 -mph speed limit and a traffic signal was only 250-300 feet from the proposed entrance. Connmissioner Triplett said that the Seven -Eleven has their own entrance and he could see why they would not be over -enthusiastic about working with a competitor beside them. He did not anticipate a traffic problem; he commented that the only business this site will get will be from east -bound traffic, because there is no cross-over. Commissioner Ours made a motion for denial of the request and recommended that the applicant attempt a redesign to make the entrances work a little better. This motion was seconded by Commissioner Thomas. Chairman DeHaven commented on the importance of entrance spacing; he said if the traffic signal wasn't there to create the potential for access breaks, he would have real concerns. He also noted that it was really too short a distance to consider acceleration and deceleration lanes. He agreed it would be worthwhile to have additional design discussion to see if another solution could be worked out. BE IT RESOLVED, THAT by a majority vote, the Frederick County Planning Conmussion does hereby deny the waiver request submitted by Keith Engineering, Inc., on behalf of Gas Mart #7, for an entrance spacing waiver permitted by Article IV, Section 165-29B(1), of the Frederick County Zoning Ordinance to allow a new commercial entrance to be placed less than 200 feet from an existing road and an existing entrance. YES (TO DENY): Straub, Gochenour, Watt, Unger, Thomas, Ours, Kriz, Manuel, Wilmot, DeHaven NO: Triplett (Commissioners Light and Morris were absent from the meeting.) Frederick County Planning Commission. Page 1645 Minutes of December 7, 2005 1` -10 - Subdivision Request #22-05 of Lake Holiday, Section 10, submitted by Urban Engineering & Associates, for the relocation of 14 single-family detached lots. The property, zoned R5 (Residential Recreational) is located along Masters Drive within Section 10, Lake Holiday, and is identified with P.I.N.1 &A -J in the Gainesboro Magisterial District. Action - Recommended Approval Commissioner Unger said that he would abstain from all discussion and voting on this item due to a possible conflict of interest. Zoning and Subdivision Administrator, Mark R Cheran, reported that the request is to subdivide 14 lots ranging in size from 10,000 square feet to 13,000 square feet in area on 3.35 acres along Masters Drive in the Lake Holiday subdivision, Section 10. He said that this subdivision request includes the relocation of 14 lots, originally platted along Palmer Circle in Section 10, to Masters Drive in Section 10. Mr. Cheran added that the relocation of lots will not require any new road construction and will preserve a larger open space area. He further added that the subdivision ordinance requires that land divisions within the R5 Zoning District, without an approved master development plan, be presented to the Board of Supervisors for final approval. Mr. Mike Perry of Miller & Smith came forward to represent Lake Holiday, LLC. In answer to a Commissioner's question on why the lots were being relocated, Mr. Perry said the lots created on Masters Drive would be more marketable as building lots than the ones originally platted on Palmer Circle. He said the right-of- way on Palmer Circle will be removed and those lots vacated; he said there will be no increase in the number of lots placed on Masters Drive. Chairman DeHaven called for public continents, however, no one came forward to speak. Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, BE IT RESOLVED, THAT the Frederick County Planning Commission does hereby unanimously recommend approval of Subdivision Request 422-05 of Lake Holiday, Section 10, submitted by Urban Engineering & Associates, for the relocation and subdivision of 14 single-family detached lots from Palmer Court to Masters Drive. (Commissioners Morris and Light were absent from the meeting; Commissioner Unger abstained.) Frederick County Planning Commission Yage 1040 Minutes of December 7, 2005 i � LVLlj -11 - Consideration of Subdivision Waiver Request 433-05 of Titan Virginia Ready -Mix, LLC, submitted by Lawson and Silek, P.L.C., for a subdivision waiver in order to subdivide a 5.52 -acre parcel in the EM (Extractive Manufacturing) District. The property is located south of Woodside Road (Route 671) and is identified with P.I.N. 33-A-133 in the Stonewall Magisterial District. Action — Recommended Approval Zoning and Subdivision Administrator, Mark R. Cheran, reported that the subdivision ordinance requires land divisions in the EM (Extractive Manufacturing) District without an approved master development plan (MDP) to be presented to the Board of Supervisors for final approval. Mr. Cheran said this proposed subdivision has approval from VDOT and the Health Department. He explained that a concrete plant, which was approved by site plan in 2004, is located on this parcel; this proposed subdivision will allow the concrete plant to be secured and fee simple with this subdivision. Mr. Cheran added that this proposed subdivision has met the requirements for, and has been granted approval of, a waiver from the MDP requirements; therefore, Planning Commission and Board of Supervisors review and action is necessary. Mr. Thomas Moore Lawson, attorney 'With Lawson & Silek, P.L.C., was representing Titan Ready -Mix, LLC in this application. Commission members had questions regarding access to the residual parcel. A Commission member asked Mr. Lawson about the status of the dedication of the 50 -foot strip to the Commonwealth of Virginia for the entrance road, as shown on the minor subdivision plat. Mr. Lawson replied that the dedication of this prescriptive right-of-way is a part of this subdivision process. Mr. Lawson explained that the line runs through the middle of the right-of-way and, pursuant to the county's policies, the owners agreed to the dedication to create the 50' standard VDOT section. He added that the dividing line for the proposed subdivided parcel is the road; therefore, both sides would front on the road, eliminating any access issues because the lots will have a VDOT right-of-way between them. Chairman DeHaven called for public comments, however, no one came forward to speak. Upon motion made by Commissioner Kriz and seconded by Commissioner Wilmot, BE IT RESOLVED, THAT the Frederick County Planning Commission does hereby unanimously recommend approval of Subdivision Request #33-05 of Titan Virginia Ready -Mix, LLC, submitted by Lawson and Silek, P.L.C., for the subdivision of a 5.52 -acre parcel off a 38 -acre tract, zoned EM (Extractive Manufacturing) District, with a waiver of the master development requirements and providing staff administrative approval authority. (Commissioners Morris and Light were absent from the meeting.) Frederick County Planning Commission Page 1647 Minutes of December 7, 2005 DISCUSSION DISCUSSION OF THE 2006-2007 FREDERICK COUNTY CAPITAL IMPROVEMENT PLAN (CIP) Planner Kevin Henry presented the draft 2006-2007 Capital Improvements Plan (CIP). Mr. Henry stated that the most notable change on the map from last year's CIP is the two new projects under County Administration, the Gore Refuse Site Expansion from the Department of Public Works and the Relocation ofthe Clearbrook Fire Station from the Department of Fire and Rescue. Mr. Henry said the proposed CIP includes 46 projects, of which nine are new. He said that seven new projects are proposed for Frederick County Public Schools, including three new elementary schools, school renovations, and land acquisitions for 11 facilities. Mr. Henry displayed a power point map from the Frederick County Public Schools showing the potential new school locations and he pointed out the proposed school locations. He next displayed a map showing the Planning Department's version of the proposed school sites. Mr. Henry said that the main difference between the Public Schools' map and the Planning Department's map is the depiction of bubbles for proposed school locations within the Urban Development Area; he said the Planning Department's map shows the middle school within the UDA, as well as two separate bubbles for those elementary schools north of Stephens City. He said that all other projects listed in the 2006-2007 CIP are carried over from the 2005-2006 CIP. Mr. Henry stated that the draft CIP was reviewed and endorsed by the Comprehensive Plans & Programs Subcommittee (CPPS) at their meeting on November 14, 2005. He said that the Planning Commission is being asked to comment on the two school maps and specifically, which school map the staff should move forward with, along with any other comments for the Board of Supervisors. Mr. Henry noted that several agency and department directors were available to answer questions. Commission members had questions for the school systems' representative regarding their site selection process. They also inquired if planning multiple facilities on a single site was a new concept for the future. Mr. Stephen Kapocsi, Administrative Assistant to the Superintendent of Frederick County Public Schools, stated that placing multiple facilities at a single location is always a consideration; however, it was not the only factor when considering the placement of a school facility. Mr. Kapocsi explained that the School System's staff has been working very closely with the Planning Department and together they have considered current and future development within the County, as well as, enrollment projections, transportation concerns, access to utilities, and existing facilities. Mr. Kapocsi said that the Frederick County Public School System staff has been working with the Planning staff to consolidate the two maps presented by Mr. Henry and the school staff recognizes the importance of the placement of new facilities within the UDA. He pointed out that the Planning staff's map configures all the bubbles within the UDA, while the School's map includes the UDA, but doesn't restrict the placement of facilities solely within the UDA. Chairman DeHaven pointed out the importance of having a conceptual plan for future needed school facilities, so that everyone is on notice about which areas school sites are needed. He stressed the need for this information to be included in the CIP. Chairman DeHaven commented that the School System's staff and the Planning staff have worked hard this year to coordinate the placement of future schools. He preferred the concept of encouraging the placement of school sites within the UDA. Commissioner Ours suggested the possibility of a yearly presentation by School Board representatives, so the Planning Commission is aware of the School System's needs when it considers development within the County. Frederick County Planning Commission Page 1648 Minutes of December 7, 2005 (: u -13 - Planning Director, Eric R Lawrence stated that the CIP is a five -to -six-year window; while the Comprehensive Plan is a 20 -year vision. Mr. Lawrence explained that the school facilities location maps shown are short-term and can be linked to proffers and rezoning applications. He noted that the WJELUP, previously discussed for example, is within the Comprehensive Policy Plan, and the text for that policy indicates that a school site would be appropriate within the area. Board of Supervisors' Liaison, Barbara Van Osten, said that school system representatives were available at the last couple Planning Commission retreats and this proved to be beneficial. She thought this was a great opportunity for dialogue to take place and hoped school systems representatives will be at the Commission's retreat again this year, in February. Commissioner Ours had questions for representatives of the Parks & Recreation Department regarding the status of the proposed aquatics center. Mr. James Doran, the Director of Frederick County Parks & Recreation, reported working with the City of Winchester on the possibility of a joint venture with the City for an aquatics facility. He said that a joint Finance Committee meeting is scheduled for December 22 and this issue will be discussed. Commissioner Ours inquired if the joint venture might possibly impact the location of the aquatics facility because initial discussions suggested a location within the Sherando Park area. Mr. Doran anticipated a change in the location, if the City is involved in the project. He said that one of the City's criteria was for the aquatics facility to be located within a one -mile radius of the City and the benefit would be that the City would pay a portion of the cost. Commissioner Thomas remarked that with the County's greater population, the numbers of people using the pool could potentially be 2'/2 to 3 times the City's population. He suggested that if the County funds that proportion of the bill, then the County should have much more influence on how the pool is used, compared with the current joint indoor pool arrangement. Mr. Doran agreed. Commissioner Straub had questions for representatives of the Fire and Rescue Services Department regarding any plans for future emergency services facilities. Mr. Gary DeBrueller, the Director of Frederick County Fire and Rescue Services, reported that there are five station sites projected within the Comprehensive Policy Plan to meet projected growth within the County. Commissioner Straub asked if substations were planned for any of the large subdivisions, for example, Stephensons Village. Mr. DeBrueller said that within the proposals, four new fire stations are to be collocated with other County facilities/agencies; for example, a satellite Treasurer's Office or satellite Sheriff's Office. He said the facilities the County would anticipate building would not be large facilities with bingo halls, but would be a single engine and ambulance -type facility. Commissioner Straub asked about personnel to operate the facility and Mr. DeBrueller stated that personnel would probably consist of career fire and rescue people; however, they would not preclude volunteers, if they were available. Commissioner Ours asked Mr. DeBrueller if he was satisfied that the coverage areas each fire department was responsible for reflected the best functioning system. Mr. DeBrueller recognized there were gaps within the county that needed to be filled. Mr. DeBrueller explained that some years ago, fire stations were concentrated within community centers; however, with the growth that is spreading out from those community centers, they now have to look at decentralizing some of the stations into high-density areas and the areas with longer response times. Chairman DeHaven thanked the department and agency directors for attending the meeting and for their service to the community. Frederick County Planning Commission Minutes of December 7, 2005 nA Page ] 649 F & '11! Ie -14 - Upon motion made by Commissioner Ours and seconded by Commissioner Thomas, BE IT RESOLVED, THAT the Frederick County Planning Commission does herby endorse and unanimously recommend approval of the draft 2006-2007 Capital Improvements Plan for Frederick County with the staff's modification of the two proposed school facilities maps combined into one map. DISCUSSION OF FREDERICK COUNTY'S EASTERN ROAD PLAN Planner Bernard S. Suchicital presented the Eastern Road Plan, an element of the Comprehensive Policy Plan, to the Commission. Mr. Suchicital stated that the revisions within the plan are a reflection of the Winchester Area Transportation Study (WAIS), the approved rezonings and master development plans (1vIDPs), the various small area land use plans contained within the Comprehensive Plan, and the recently -approved Metropolitan Planning Organization's (MPO) 2030 Transportation Plan; he said all are consolidated into a single, uniform road plan for Eastern Frederick County. Mr. Suchicital noted that the Planning Staff is using this opportunity to ensure the transportation planning efforts of the County are consistent and incorporated into the Comprehensive Policy Plan. He said the eventual goal of this process is to update the County's Comprehensive Policy Plan, Mr. Suchicital highlighted two new inclusions to the Eastern Road Plan, as follows: Warrior Drive Extension, south from Route 277 to the new Exit 307 and 81; and secondly, the Stephens City Bypass, from the Springdale and Shady Elm intersection down to Exit 307. Commissioner Unger inquired about the Springdale exit. Mr. Suchicital replied that Exit 307 is proposed to be moved further south. Commissioner Straub said she still had concerns with the Route 37 interchange at Senseny Road, unless some of the eastern portion of the Route 37 was changed into more of a parkway than a 65 -mph limited access highway. She commented that if this is the case, she had no real problem with it; however, if on -and -off ramps were proposed to be connected to Senseny Road, she had concerns. She explained that the residents along the Stephenson area still have no access whatsoever to proposed Route 37 and vehicles must get onto I-81 before they can access Route 37. No other comments or issues were raised. Upon motion made by Commissioner Kriz and seconded by Commissioner Wilmot, Frederick County Planning Commission Page 1650 Minutes of December 7, 2005UP -15 - BE IT RESOLVED, THAT the Frederick County Planning Commission does hereby unanimously recommend approval of Frederick County's Eastern Road Plan. (Commissioners Moms and Light were absent from the meeting.) ADJOURNMENT There being no further business to discuss, the meeting adjourned at 9:00 p.m. Frederick County Planning Commission Minutes of December 7, 2005 Respectfully submitted, Charles S. DeHaven, Jr., Chairman Eric R. Lawrence, Secretary Page 1651 CONDITIONAL USE PERMIT #10-05 w w� WILLIAM BROY x (NJ Staff Report for the Planning Cernmission »w Prepared:Januar,+� 1i 3, 2003 Staff Contact: Kevin T. Henry, Planning Technician 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: 02/01/06 Pending Board of Supervisors: 02/22/06 Pending LOCATION: This subject property is located at 3605 Valley Pike. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUYTBER: 63-A-84 PROPERTY ZONING & PRESENT' USE: Zoned: B3 (Industrial Transition) Land Use: Residential A' -D OIi*ZING PROPERTY ZONING & USE: North: B3 (Industrial Transition) Land Use: Residential South: B3 (Industrial Transition) Land Use: Commercial East: B 1 (Neighborhood Business) Land Use: Commercial West: B2 (General Business) Land Use: Commercial PROPOSED USE: Erection of an off -premises business sign REVIEW EVALUATIONS: Virginia Dept. of Transportation: In accordance with the laws of the Commonwealth of Virginia, no private advertisement sign can be placed on the State's right-of-way. Prior to erection on private property, a permit may have to be applied for through our District Office in Staunton. Fire Viae hal: Plan approval recommended. CUP #10-05, William Broy January 18, 2006 Page 2 Inspections Department: Sign shall comply with The Virginia Uniform Statewide Building Code and Section 312, use group U (Utility and Miscellaneous) of The International Building CodeI2003. Structural plans submitted for permit application shall be sealed by a Va. Licensed Design Professional. Sanitation Authority: The installation of sign will not impact our sewer easement. Planning and Zoning: This proposed Conditional Use Permit (CUP) is for an off -premises business sign along the Route 11 South Corridor. This proposed use will be located on 0.33 acres of land located in the B3 (Industrial Transition) Zoning District at 3605 Valley Pike. This off -premises business sign will adhere to the Frederick County Zoning Ordinance. The sign will be required to be setback from the front property line 10' and contain no more than 100 sq. ft. in area. The applicant has provided the Planning Department with plans that adhere to the above mentioned requirements. The 2003 Frederick Count Comprehensive Policy Plan specifically details that business signs need to be improved along the Route I 1 South corridor. Included in this detail, the 2003 Frederick Coun1y Comprehensive Policy Plan states that one of the methods to preserve the appearance of the Route 11 South corridor is to "limit or prohibit the use of off-site signs along the corridor and encourage the use of monument style signs." (6-26). The 2003 Frederick County Comprehensive Policy suggests that controls along our primary highways play an important role in establishing the character of business corridors. (6-17). Therefore, the specific conditions set forth shall serve as a bench -mark for the character of signs we should see along the Route 1 I South corridor. The Frederick County Zoning Ordinance allows for off -premises business signs in the B3 Zoning District with an approved Conditional Use Permit (CUP). Based upon the size, type, and location of the off -premises sign, it would not deteriorate the character of the area. Furthermore, the Frederick County Zoning Ordinance specifies when considering a CUP for an off -premises business sign., additional performance standards should be considered to promote orderly economic development. Listed in the Frederick County Zoning Ordinance Section 165-30D, performance standards are to ensure that residential properties, land use patterns, scen& areas, and properties of significant historic values are not negatively impacted. In addition, standards shall include: height and size limitations of signs, placement of signs along highway corridors, and illumination of signs to mitigate any negative impacts to adjoining properties and uses. XT .STAFF CONCLUSIONS FOR TH—E 0210i/06 PLANNING Cv"4PI-M.i SSION 1 /!EE T plW�: Should the Planning commission find this use appropriate, Staff would recommend the following conditions: CUP #10-05, William Broy January 18, 2006 Page 3 1) The sign shall be no more than 12' in height. Any sign approved with a height greater than 12' would not classify as a monument sign. 2) This is classified as a development entrance sign, and is to provide advertisements strictly for businesses along Commonwealth Drive. 3) The sign is not to display any material that would constitute it as being classified as a directional sign (messages concerning the distance or direction to particular locations). 4) The sign shall be properly maintained. 5) All review agency comments and requirements shall be complied with at all times. 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. SCHENCK FOODS COMPANY, INC. 63 1 A SCHENCK FOODS COMPANY, INC. 63 A 66A SCHENCK FOODS CO., INC. 63 A 67 EMMART, IN H & SON, INC 63 A 66 THE MLR COMPANIES, LLC 63 A 82 J011N8pN ROBERT boa SYLV/AT BROY WiC—111111lAME 63 A 84 LMIDAL Co" eatt6 Ct,__ o�'ea LpP OJ4�. 0 H P HOOD, INC 63 A 86B I a H P HOOD, INC 63 A 86C PRELIP, M G PROPERTIES LLC 75 A 91E H P HOOD, INC 63 A 86A Map Features o Application Bridges Culverts O ALIE F ��++• Streams A, ! Retaining Walls ® B3 (Business, Industrial Transition District) R5 (Residenfial Recreational Community District) Buildings Road Centerlines k4 EM (Extractive Manufacturing District) O RA (Rural Areas District) Tanks + HE (Higher Education District) O RP (Residential Performance District) _ \ C h ( Parcels VALLEY PROPERTIES LIMITED PR &ROSALIE n M2 (Industrial, General 11mmot) V J y 63 A 85 ,,NN +MH1 (Mobile Home Community District) K/f,� W E S .Pi f 9 yc s�e9Fs�'o``c Map Features Zoning Application Bridges Culverts '-✓ Bi (Business, Neighborhood District) MS (Medical Support District) t) ^� Dams V B2 (Business, General District) C;' R4 (Residentia(, Planned Community District) ��++• Streams A, ! Retaining Walls ® B3 (Business, Industrial Transition District) R5 (Residenfial Recreational Community District) Buildings Road Centerlines k4 EM (Extractive Manufacturing District) O RA (Rural Areas District) Tanks + HE (Higher Education District) O RP (Residential Performance District) _ + M1 (Industrial, Light District) ( Parcels o vTrails n M2 (Industrial, General 11mmot) �SWSA �� JDA ,,NN +MH1 (Mobile Home Community District) K/f,� W E S CUP #10-05 William Broy ( 63 - A - 84) 0 75 150 300 Feet /1 \ ADAMS, T G & ROSALIE 63 A 62 Zoning RP SCHENCK FOODS CO., INC. 63 A 67 EMMART, IN H & SON, INC 63 A 66 ADAMS, T G & ROSALIE F 63 A 65 Zonll B3 6J A*Egga tWLq i wet'µ cp Y HPHOOD, INC 63 A 86C Zoning B2 H P HOOD, INC 63 A 86B `•\ Map Features Zoning Application ^� Bridges Culverts C' B1 Business, Neighborhood District) MS (Medical Support District) Lakes/Ponds ^� Dams B2 (Business, General District R4 (Residential, Planned Community Distrito) Streams '+.,/ Retaining Walls B3 (Business, Industrial Transition District) 4 R5 (Residential Recreational Community District) Buildings Road Centerlines ` EM(Extractive Manufacturing District) Q RA (Rural Areas District) Tanks HE (Higher Education District) Q RP (Residentia( Performance District) MI (Industrial, Light District) Parcels ^� Trails `r\ M2 (Industrial, General District) N SWSA �� JDA ® MH1 (Mobile Home Community District) W E S L CUP #10-05 William Broy ( 63 - A - 84) 0 75 150 30( Feet Zoning HPHOOD, INC M2 63 A 86A B1 (Business, Neighborhood District) MS (Medical Support District) ( B2 (Business, General District) :• R4 (Residential, Planned Community District) B3 (Business, Industrial Transition District) R5 (Residential Recreational Community District) �? EM (Extractive Manufacturing District) Q RA(Rural Areas District) HE (Higher Education District) Q RP (Residential Performance District) Mi (Industrial, Light District) �j M2 (Industrial, General District) N MHi (Mobile Home Community District) 11�yib, 0 75 150 300 Feet Submittal Deadline P/C Meeting BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (The applicant if •Che owner other) NAME: 1C L - _., . ADDRESS: ( E(,v TELEPHONE r Qj 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) r✓ Y-/2 4 4. The property has a road frontage of 11 feet and a depth of feet and consists of acres. (Please be exact) 5, The property is owned bye e as evidenced by deed from �,RL � d,�srE�, �, %#e�!Aw s � ,rL�r corded (previous owner) in deed book no. 2570 on pageas recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. Tax(Parcel)Identification Magisterial District .Sf/Ai Current Zoning 13--' 7. Adjoining North East South West Property: USE (I.D. )No. ZONING a. The type of use proposed is (consult with the Planning Dept. before completing) 2y%�� of� CiS� tS �5/� ✓-1 l ori r/a�S A2V7" 5 G Asr'- 9. It is proposed that the following buildings will be constructed: A41A 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: JC-'RiV SG da lAl NAIKE v"64W,56A)- &Argl Q 144/144 T ADDRESS a� SIS 1/2_GE _ ,ol r PROPERTY ID# (5r 3 J'5�iTatv�1 NAME ,v�,�r �/ f�rs„z�G .so�y £u✓_G _ ADDRESS O PROPERTY ID#�(3 % 6 6 NAME ,Sc #_--ilc K Ego t� Co, 2r/c ADDRESS 2U g a f Q$' !rr/mac y R'j lea S� PROPERTY ID# 6 3 4 (oj - /tc nstisTat©n� FAME 43 i«4 Ine'yg,!rc. off f- r✓ADDRESS /,f GG�i^/4L-' _�1°—. �101�'� IL �•2�c6?� PROPERTY ID# 75 A 7/,—'- (-C4 e ftE s�r .7 NAIKE ZgL z 4'v lM A5 -R r1 s L i til iTt PROPERTY ID# NAME PROPERTY ID# NAME 0RT Y iD PRPE NAME PROPERTY ID# ,2G 3S f�2 ic.L /�.PUvk /PD ADDRESS ,VL_£C, ADDRESS ADDRESS ADDRESS 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. 25 ZCD: 5-3 l USE: FRE51DENTIAL / TM 63-A-83 / I t— I 26' ui a z � } a USE: RESIyENTIAL TM 63—A— I rlou5t i o P MORINO I k EX. SAN.MH I 3 G4,0A(3r ,?Y,x I ? ` 226.55' EX. SAN. SEU ER � } f r N 16'36'@0" w I x 144 C14 745 145316 1 -l1 -g--- I ' r�X 14.4.9 1 =, /2' CURB N o+f®, I I `'S EX 1A tTil I X '$9 .*O m M jEX. 'i BTM. a --pp X 148.41 I x 747. x �0 `� O iN�='- X 141.'11 A' �( .� 7t1 _+ 41 ®rn INV OUT TH r Rl WT -®F -WAY YAMES r q, : N --! �� I`i�'.N. r�rt ® _ STM. 3T1 M7 _ OUT 04 zi WILLIA,..... BROY 309 WENTWORTH DR. WINCHESTER, VA 22601 G66 7 r - v z R231 Fix B- xt? /'I AGNS c$ C'rSo S .5Tf1.vL E• Y. C.'aoL .chioc.zat, RAYMOND -MR111 P,3 G a ( O 0 oe o IT a� G 3 s. . The ab aye 19t, located on, t1ia =g;ot !old• of lya!k* Rigimar da. 111 ,�st Beath -of Urnstown and al taate to 8ha� n99 Kagistor-iaL = : €� riots_' rederio.t (1eUt7..:Tt,r6in1a, LM..ba%td '&D V401%8x ,;.- -:--. - ,. •.,R w � •fir Beginning at Al.rtato in tai's vast lino ofVo,a XI&, ffsr ,l C said point being,316,4 to*t loath - of th a .:xs:r'w •sf 4 original tract owned bT ]Bom4 -hroa.: said Oaki -Amin* :at .ate 394thwest scorner of the. panh'lsrt�;.heuoe `frith' �rri` .h'iaid fat ! �ti 1taftee of 24GeQ fest 4.7Is 4.:444;140 2 an iron peg .a ,corner the 112114 of dyi rrith Coo ley'•-f r the fe llovl ac 2 fo1�rs*# # `�.� �o�* �� '��* :� 7;�y•'�' ' 11) ♦ rr 6060 foot .te 4L port 18.7 feet .ho Of an tron'pe , 't.1I 74 4*9. '3t aa. W , 45p. an Iron Peg-An ]scat t �'eo't = to � �� 111me of ti-p4, RighaaT Ire. I1= - then@* .with the i3ast fins of Vega Ni way No,-11- #i 110 deg„ -4 aAn. x 60.s foot to the pofat of Z' ON/c-x 4.010 /ZLccls 1y/ /y S' , S -)g04 -c _ A p �c' A/ --�41 SIRE eP �' * � .�� ',� t/ �' T�`� t' Ov �i� �e t:.?�..' /` � s ✓ f �,, ` a � �� . � �/`f',` �1 A Qin G,.4 vsv� I A H r , � ,P� ,�� 10 ,$S vS�" S�� c obi cRt' �' ,�.� t9FVL' wax � A/ A c°./,t✓Jc� MOSr__/ t CL � l orrz�r�r4wt.�LrAci-tt� R/J,. JL''Ss _s!�' ON/c-x 4.010 /ZLccls 1y/ /y S' , S -)g04 -c _ A p �c' A/ --�41 SIRE eP �' * � .�� ',� t/ �' T�`� t' Ov �i� �e t:.?�..' /` � s ✓ f �,, ` a � �� . � �/`f',` �1 A Qin G,.4 vsv� I A H r , � ,P� ,�� 10 ,$S vS�" S�� c obi cRt' �' ,�.� t9FVL' wax � A/ mAOSWEACT11 PLACE 24 " x96 " 24"x48" 144, i 12. Additional comments, if any: ;=d S',4/ox) -If45IA143s Ci4 104FAA4P S.W IIIc 6 fo ro I (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Signature of Applicant Signature of Owner Owners' Mailing Address c E'� �j��- 'oe Owners' Telephone No. /-,ytt _647_u/9d TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE RENEWAL DA'L'E i • COUNTY of FRED17-RICK Department of Planning and Development 54.0/665-5651 FAX: 540/665-6395 p; MEMORANDUM TO: Frederick County Plarming Commission FROM: Bernard S. Suchicital, Planner �V. RE;: Public Dearing — Proposed Red Brad Agricultural & Forestal District DATE: January 13, 2006 Staff has received a request to establish a new Agricultural & Forestal District: Red Bud. This new District would total 879.98 acres. Chapter 43, Section 15.2-4300 of the Code of Virginia, 1950, as amended, enables local governments to establish Agricultural & Forestal Districts to conserve and protect agricultural and forestal lands for production of food and other agricultural products and to provide natural and ecological resources. The Code of Virginia requires the local governing body to establish an Agricultural Districts Advisory Committee (ADAC) for the purpose of reviewing proposals that establish or renew districts to ensure conformity with the provisions of Section 15.2-43000. Ultimately, the Board of Supervisors approves, approves with modifications, or denies the proposal to establish or renew an Agricultural & Forestal District. In working with members of the community and the Extension Services, staff has circulated forms for the creation of an Agricultural & Forestal District to the property owners of the lower Stonewall Magisterial District. These forms are important aspects of the Agricultural & Forestal District Program: the program is voluntary, enabling property owners the right to participate should they be interested. Included with this memorandum is information pertaining to the District which includes a district summary and property ownership infonnation table, and a map which delineates the general boundaries of the proposed District. Staff will present the recommendations of the ADAC to the Planning Commission during the public hearing, as well as additional mapping features for the proposed District.. S'tsaffregaests ca formal recommendation fr om the Planning Commission which will be forwarded to the Board of Supervisors for their consideration. BSS/bad 107 North Kent Street, Suite ?02 e Winchester, p'irgin!a 22601-5000 Proposed Red Bud Agricultural & Forestal District The Frederick County Agricultural District Advisory Committee (ADAC) reviewed the proposed addition to the County's two Agricultural and Forestal Districts. These districts include the South Frederick District, established in 1980, and the Double Church Road District, established in 1995. The Red Bud District was considered at their meeting on January 10, 2006. The ADAC recommends approval of the request to create a new district. Chapter 43, Section 15.2-4300 of the Code of Virginia, 1950, as amended, enables local governments to establish Agricultural and Forestal Districts to conserve and protect agricultural and forestal lands for the production of food and other agricultural products and to provide natural and ecological resources. The Code of Virginia requires the local governing body to establish an ADAC for the purpose of reviewing proposals that establish or renew districts to ensure conformity with the provisions of section 15.2-4300. Ultimately, the Board of Supervisors approves, approves with modifications, or denies the proposal to establish or renew an Agricultural and Forestal District. LOCATION This proposed District is located in the Stonewall Magisterial District along Redbud Road (Route 661), Pine Road (Route 661), and Burnt Factory Road (Route 659), straddling Redbud Run east of Interstate 81 and north of Berryville Pike (Virginia Route 7). SIZE The proposed District contains 879.98 acres within 43 parcels, managed by 24 property owners. AGRICULTURAL & FORESTAL SIGNIFICANCE The predominantly agricultural operations in the new District are 75 percent agriculture (livestock, horses, crop harvest) and 25 percent open-space/woodlands. The area within the District is rural in nature. There are currently 619.29 acres (70%) within the District that are in the County's land use taxation program. LAlicTD USE All parcels in and surrounding the areas are in agricultural or residential use. COMPREHENSIVE PLAN The proposed District lies in an area that is outside the Urban Development Area and the Sewer Water Service Area, with exception of one (1) two -acre parcel. The area is located within the Northeast Land Use Plan. About half of the District is designated as a Developmentally Sensitive Area in the Northeast Land Use Plan. The remaining parcels have no land use designation, which indicates the area should remain rural. The intent of the Rural Areas is to maintain agriculture as a significant portion of the County's economy, and to maintain the rural character of areas outside of the Urban Development Area. The Comprehensive Plan can accomplish this by promoting the inclusion of additional land in Agricultural and Forestal Districts. The Comprehensive Plan supports the establishment and renewal of the proposed District, for it provides an opportunity for the agribusiness community to conduct long range planning efforts for the management of their operations, while providing a reserve of agricultural land through the year 2010. ZONING All but two (2) parcels are currently zoned RA — Rural Areas District. The remaining two parcels (222.03 acres) are currently zoned RP — Residential Performance District, that could have the potential to develop approximately 88 single family homes without water and sewer. By allowing the two RP -zoned properties into proposed Red Bud Agricultural and Forestal District, it will assist in hindering the process to develop this land into a more intense use. The properties to the north and east of the proposed District are zoned R4 — Residential Planned Community District and RA, and those to the south and west are zoned MH1 — Mobile Home Community District and RA. LAKES/PONDS/STREAMS The proposed District lies primarily within the Redbud Run drainage area, and partially within the Hiatt Run drainage area. The establishment of this District will further assist with managing the quality of the County's water resources. SOILS The general relief of the new District varies from a broad rolling valley, to the west of Devils Backbone, to very steep forested land on the eastern parcels and along Redbud Run. This District is within the Redbud Run watershed and water is available from ponds, wells and springs. The soils in the proposed District are of many different kinds and formed in material weathered from limestone and shale. Most of the soils, with the exception of those on the steeper slopes, are suited to a wide variety of farm uses. These steeper slopes are mostly forested and are heavily wooded. Most of the area is in pasture, cultivated crops and hay. A few areas are woodland. (Attached please find a list of specific soil descriptions present in the area.) PI IME AGRICULTURE SGiiL There are a limited amount of prime agricultural soils located within the proposed Red Bud Agricultural & Forestal District. The following soils are: Blairton, Carbo, Frederick, Guernesy, Massanetta. Please see attached map. STAFF CGMMENTS Based on this information, staff feels that this proposed Red Bud Agricultural District is agriculturally significant as outlined in the Agricultural and Forestal Districts Act. Furthermore, creation of this District would conform to the County's Comprehensive Policy Plan which labels the area as historic and developmentally sensitive and rural. PA AGRICULTURAL DISTRICT ADVISORY COMMITTEE The Agricultural District Advisory Committee considered this proposal at its meeting of January 10, 2005. Committee members voted unanimously for the recommendation of approval of this new District. ATTACHMENT 1— Proposed Red Bud Agricultural & Forestal District Soils 1B — Berks channea silt loam, 2 to 7% slopes This soil is moderately deep, gently sloping, and well drained. Permeability of this soil is moderate, and the available water capacity is very low. Surface runoff is medium. Erosion hazard is moderate. Tilth is fair, and natural fertility and organic matter content are low. This soil is fairly well suited to cultivated crops. 1 C — Berks channery silt loam, 7 to 15% slopes Same as above except steeper slopes. 3B — Blairton silt loam, 2 to 7% slopes (Prime Agricultural Soil) This soil is moderately deep, gently sloping, and moderately well drained to somewhat poorly drained. Permeability of this soil is moderately slow. The available water capacity is low. Surface runoff is medium. Erosion hazard is moderate. Tilth is fair, but the soil breaks up into clods if tilled when too wet or too dry. Natural fertility and organic matter content are low. This soil is moderately well suited to cultivated crops if drainage is installed. 5B — Carbo silt loam, 2 to 7% slopes (Prime Agricultural Soil) This soil is moderately deep, gently sloping, and well drained. Permeability of this soil is slow, and the available water capacity is low. Surface runoff is medium. Erosion hazard is moderate. The surface layer is friable and easily tilled when moist. Natural fertility is medium, and organic matter content is low. This soil is well suited to hay and pasture. 5C — Carbo silt loam, 7 to 15% slopes Same as above except steeper slopes. 6C — Carbo-Oaklet silt loams, very rocky, 2 to 15% slopes These soils consists of moderately deep and deep, gently sloping and strongly sloping, well drained soils on side slopes, hilltops, and ridgetops. Permeability of this soil is slow, and the available water capacity is moderate. Surface runoff is medium. The erosion hazard is severe. The surface layer is breaks into clods if these soils are tilled when too wet or too dry, and rock outcrops interfere with tillage. Natural fertility is medium, and organic matter content is low. These soils are moderately well suited to hay and pasture. rd 8C — Chilhowie silly cla loam 7 to 15% slopes This moderately deep, strongly sloping soil is well drained. Permeability of this soil is slow, and the available water capacity is low. Surface runoff is rapid. Erosion hazard is moderate. The surface layer is friable and easily tilled when moist. Natural fertility is high, but organic matter content is low. This soil is well suited for hay and pasture. 9B — Clearbrook channery silt loam 2 to 7% slopes This soil is moderately deep, gently sloping, and somewhat poorly drained. Permeability of this soil is moderately slow. The available water capacity is very low. Surface runoff is fair. Tilth is fair. Natural fertility and organic matter content are low. This soil is moderately well suited to cultivated crops, hay and pasture. 9C — Clearbrook channely silt loam 7 to 15% slopes Same as above except steeper slopes. 14B — Frederick -Po limento loams 2 to 7% slopes (Prime Agricultural Soil) These soils are very deep, gently sloping, and well drained on narrow to broad, convex valley sides. Permeability is moderate in the Frederick soil and moderately slow in the Poplimento soil. The available water capacity is moderate in both soils. Surface runoff is medium. The erosion hazard is moderate. The surface layer is friable and easily tilled. Natural fertility is medium, and organic matter content is low. These soils are well suited to cultivated crops, hay and pasture. 14C — Frederick -Po limento loams 7 to 15% slopes Same as above except steeper slopes. 20B — Guernsey silt loam. 2 to 7% slopes (Prime Agricultural Soil) This soil is very deep, gently sloping, and moderately well drained. Permeability of this soil is moderately slow, and the available water capacity is moderate. Surface runoff is medium. The erosion hazard is moderate. The surface layer is friable and easily tilled when moist, but breaks up into clods if the soil is tilled when too wet or too dry. Natural fertility is medium, and organic matter content is moderate. This soil is well suited to cultivated crops, hay and pasture. 5 25C — Laidig very stony fine sandy loam,7 to 15% slopes This soil is very deep, strongly sloping, and well drained. Permeability in this soil is moderate above the fragipan and moderately slow in the fragipan. The available water capacity is low. Surface runoff is medium. The erosion hazard is moderate. Natural fertility and organic matter content are low. This soil is not suited to cultivated crops, hay because of stone. The soil is well suited to pasture if the surface is cleared of trees and stones. 29 — Massanetta loam (Prime Agricultural Soil) This gently sloping, well drained soil has a silty clay loam surface layer and clay subsoil Permeability of this soil is slow and the available water capacity is moderate. Tilth is fair and the soil is medium in natural fertility. The subsoil is very plastic and has a high shrink -swell potential. This soil has rock outcrops and is a factor in the use of this soil. This soil has a fair potential for farming. 33E — Opeguon-Chilhowie silty clays, very rocky, 15 to 45% slopes This soil is moderately steep to very steep, and well drained on narrow to broad, convex valley sides. Permeability in these soils is moderately slow, and the available water capacity is low. Surface runoff is rapid to very rapid. The erosion hazard is severe. The silty clay surface layer is firm, and tends to break up into clods if tilled. Rock outcrops interfere with tillage. Natural fertility is high, and organic matter content is low. These soils are not suited to cultivated crops, hay, or pasture. 35 — Pagebrook silty clay loam This soil is very deep, nearly level, and moderately well drained. Permeability of this soil is slow, and the available water capacity is moderate. Surface runoff is very slow. The erosion hazard is slight. The surface layer can be worked only in a narrow range of moisture content. Natural fertility is high, and organic matter content is moderate. This soil is moderately well suited to cultivated crops and hay. This soil is well suited to pasture. 36 — Pits, quarries, and dumps This consists of open excavations from which limestone, shale, and sand have been mined and of piles of spoil from quarries. Areas of pits, quarries, and dumps are poorly suited to cultivated crops, hay and pasture, and to use as woodland and as habitat for wildlife. 6 41 C — Weikert-Berks channM silt loams, 7 to 15% slopes These soils are shallow and moderately deep, strongly sloping, and well drained on rolling landscape and on the tops and noses of ridges. Permeability in the Weikert soil is moderately rapid and in the Berks soil is moderate. The available water capacity is very low. Surface runoff is rapid. The erosion hazard is severe. Natural fertility and organic matter content are low. These soils are poorly suited to cultivated crops and hay, and are moderately well suited to pasture. 41D — Weikert-Berks channM silt loams, 15 to 25% slopes Same as above except steeper slopes. 41E — Weikert-Berks channery silt loams, 25 to 65% slopes Same as above except steeper slopes. 44C — Zoar silt loam, 7 to 15% slopes This soil is very deep, strongly sloping, and moderately well drained. Permeability of this soil is slow, and the available water capacity is moderate. Surface runoff is moderate. The erosion hazard is moderate. Tilth is good, but the soil breaks up into clods if tilled when too wet or too dry. Natural fertility and organic matter content are low. This soil is moderately well suited to cultivated crops, and is well suited to hay and pasture. 7 AT I ACHM)' N T 2 - Proposed Red Bud Agricultural & Forestal District Parcels 8 Map # Property Owner Acreage 43 A 154 Shenandoah Valley Battlefield Foundation 36.27 43 A 159 Jenkins, Jeffery G. & Roseanna M. 2.00 44D 2 6 Willis, Charles I. 2.37 44 A 28 Werdebaugh, Donna W. & Donald M. 8.72 44 A 28A Jobe, Allen B. & Velda D. 20.46 44 A 28C Boden, Robert R. & Marsha 4.30 44 A 28D Boden, Robert R. & Marsha 5.00 44 A 28F Kugler, Standish P. & Janet E. 9.85 44 A 28G Jobe, Allen B. & Velda D. 5.00 44 A 281 Miller, Voight G. & Bonnie L. 8.00 54 A 87 Britz, William D. & Claudia J. 20.00 54 A 88 Preservation of Civil War Battlefields 181.03 54 A 89C Shenandoah Valley Battlefield Foundation 100.00 54 A 90 Preservation of Civil War Battlefields 41.00 55 A 5 Herring, Kevin L. 33.43 55 A 5A Herring, Stacy A. 3.56 55 A 5B Herring, Vera J. 1.00 55 A 5C Herring, Stacy A. 17.01 55 A 5D Herring, Kevin L. 1.21 55 A 6 Hulver, Joseph F. T. 24.04 55 A 7 Oates, Gary K. & Constance J. 13.48 55 A 7A Oates, Gary K. & Constance J. 9.37 55 A 7B Oates, Gary K. & Constance J. 7.49 55 A 7C Oates, Gary K. & Constance J. 5.00 55 A 7D Oates, Gary K. & Constance J. 5.00 55 A 7E Oates, Gary K. & Constance J. 5.02 55 A 8 Schwartzman, Bernard 25.09 55 A 14 Lam, Ernest L. 2.00 55 A 18 Seipel, Wayne D. & Stephanie P. 12.00 55 A 19 Seipel, Wayne D. & Stephanie P. 22.00 55 A 20 Seipel, Wayne D. & Stephanie P. 10.86 55 A 21 Seipel, Wayne D. & Stephanie P. 58.50 55 A 109B Jenkins, Jeffery G. & Roseanna M. 8.82 55 A 115 Pine Knoll Construction 1.75 55 A 117 Jenkins, Jeffery G. & Roseanna M. 4.33 55 A 118 McNeil, Debra J. & Dawn M. Stultz 1.13 55 A 129 Childress, Nathan & Diana 33.08 55 A 129A Gregg, David M. & A. Katherine 33.00 55 A 138 Orndoff, Stephanie M. Sempeles 21.50 55 A 139 Orndoff, Stephanie M. Sempeles 7.31 55 A 151 McAllister, John E. & June P. 19.00 55 A 151A McAllister, John E. & June P. 5.00 55 A 152 McAllister, John E. & June P. 45.00 8 (��14 ryy 43 L 4 '1'9 182 1 / 43 A 100 p6 0 _ `s 43 A 34.5 .140 c 7). yn pA,dc � Lrr.. ' p9ryg0 D A 26 170 ac. 4, 9 � N • B c 44 A 292 " 75.47ae ,.,,,�•, Q 1 it RIP 44 A 291 206.49 ac. - C 4 98.72a.- 4 Z 44 A 31A �g 416.54 ac. P yy. 43 A 158 50.33 ac. A 294A _ A r, w 63 Jclg9 176.25ac. 4S4 AA 378 ac. lzaao. \ ay c� ';oke a a \ ss A a lac q 5 136 a 134 NS ' 2'¢ � sg,9 P ae etsre � 4 ti 1 56 9B 3 'ec92e C PF. PS 1A Hehets�onc�. t 96p a�� t de4Or. \Q� 128.99 A 22 S�\ 0 ea>e P 43 40, wM Dr:. aQ r 'r 90 Mar �ai6Pnl a n 'm ^' 48 ac. S — -Q A 106 S g 55 - 28 .2 ac. ?2 >9 y ac. 9 ve A U • W DrehardAve ce p a - Sa, 16j 'vll Rd - 55 A 62 63 74C ry0 T95a��?A S' m 71 U mD A Prc )sed Red Bud Agricultural & Forestral District DRAFT w *E S Miles 0 0.125 0.25 0.5 Rt 37 Bypass Streets ON.f Primary Roads �i Secondary Roads �. Tertiary Roads Winchester City Roads ® Lakes ^tip Streams Parcels Urban Development Area #IOMSWSA Community Centers - Red Bud Ag District - Proposed Map Created by Frederick County Dept of Planning & Development 107 N Kent St Suite 202 Winchester, VA 22601 540.665.5651 www.CO.FREDERICK.VA.US December 05, 2005 Prc )sed Red Bud Agricultural & Forestral District DRAFT N WE S Miles 0 0-125 0.25 0.5 Current Zoning Rt 37 Bypass Streets ^fPrimary Roads ^i Secondary Roads Terciary Roads Winchester City Roads \...,! Lakes Streams Parcels 0 Urban Development Area Community Centers Zoning B1 (Business, Neighborhood District) B2 (Business, General District) B3 (Business, Industrial Transition District) ,"EM (Extractive Manufacturing District) HE (Higher Education District) M7 (Industrial, Light District) M2 (Industrial, General District) MH1 (Mobile Home Community District) MS (Medical Support District) '♦ R4 (Residential, Planned Community District) R5 (Residential Recreational Community District) RA (Rural Areas District) RP (Residential Performance District) Red Bud Ag District - Proposed Map Created by Frederick County Dept of Planning & Development 107 N Kent St Suite 202 Winchester, VA 22601 540.665.5651 www.CO.FREDERICK.VA.US December 05, 2005 Pro ,sed Red Bud Agricultural & Forestral District DRAFT Eastern Frederick County Land Use Plan Miles 0 0.125 0.25 0.5 Rt 37 Bypass N Streets w *-*.i Primary Roads s �i Secondary Roads Tertiary Roads Winchester City Roads Lakes ^ti — Streams Parcels Urban Development Area tOMSWSA Eastern Frederick County Landuse Plan Rural Community Center Residential Business Industrial Institutional ... Recreation 4 Historic / DSA Mixed -Use OW Planned Unit Development Community Centers ORed Bud Ag District - Proposed Map Created by Frederick County Dept of Planning & Development 107 N Kent St Suite 202 Winchester, VA 22601 540.665.5651 v, �ww.CO.FREDERICK.VA.US December 05, 2005 Prc )sed Red Bud Agricultural & Forestral District DRAFT N WE s ' u I Miles 0 0.0750.15 0.3 Prime Agricultural Soils Rt 37 Bypass Streets ON# Primary Roads 4'*.i Secondary Roads Terciary Roads Winchester City Roads Lakes w- Streams Parcels 0Urban Development Area ^-SA Community Centers 14� Red Bud Ag District - Proposed Soils • 14B, FREDERICK 20B, GUERNSEY i 29, MASSANETTA + 3B, BLAIRTON `i 5B, CARBO Map Created by Frederick County Dept of Planning & Development 107 N Kent St Suite 202 Winchester, VA 22601 540.665.5651 www. CO. FREDERICK.VA.US December 05, 2005 • • J COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 MEMORANDUM TO: Frederick County Planning Commission FROM: Mark R. Cheran, Zoning AdministratorAv<-1 RE: Public Hearing: Changes to 165-82 (A) of the Frederick County Zoning Ordinance DATE: January 11, 2005 The Development Review and Regulations Subcommittee (DRRS) reviewed and discussed proposed changes to Section 165-82 (A) of the Frederick County Zoning Ordinance at its meeting on September 29, 2005. The zoning ordinance currently does not allow health clubs to be located in the B-1 (Neighborhood Business) Zoning District. The DRRS felt that health clubs should be an allowed use in the B-1 Zoning District and limited to 5,000 sq. ft. to keep with the intent of the Zoning District. This limitation on square footage will ensure that no large commercial indoor recreational use would occur in the B-1 Zoning District. The Planning Commission at its November 16, 2005, meeting was in support of this proposed ordinance amendment with a change to the square footage from 5,000 to 10,000. The Commission felt that 10,000 sq. ft. would be reasonable, and would be in keeping with the intent of the B-1 Zoning District. The recommended change made by the Planning Commission is located below in bold and italic print. 165-82 A (Permitted Uses in the B-1 District) SIG 7991- Health Clubs no larger than 10,000 sq. ft. The Board of Supervisors received a Memo from staff on December 2, 2005 concerning this change. To date, staff has not received any comments from the Board members with concerns or issues. This proposed ordinance amendment is presented as a public hearing to the Planning Commission. Staff will be available to respond to your questions. Attachment MRC/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 § 165-81 FREDERICK COUNTY CODE § 165-82 disposal before the mobile home park will be approved. Water and sewer service must be provided through the use of public or community systems. All community systems shall be dedicated to a public authority. ARTICLE X Business and Industrial Zoning Districts § 165-82. District use regulations. The following tables describe the business and industrial zoning districts in Frederick County, the intent of those districts and the uses allowed in each district. Standard industrial classification numbers are provided for particular uses to assist the Zoning Administrator in classifying uses. Determining whether a particular use should be classified under a particular category remains subject to interpretation on the part of the Zoning Administrator. A. [Amended 4-10-1991] B1 Neighborhood Business District. The intent of this district is to provide small business areas to serve the daily household needs of surrounding residential neighborhoods. Uses allowed primarily consist of limited retailing and personal service uses. Business uses in this district should be small in size and should not produce substantial vehicle traffic in excess of what is usual in the residential neighborhoods. Standard Industrial Classification Allowed Uses (SIC) Food stores 54 Apparel and accessory stores 56 Drugstores 591 Miscellaneous shopping goods stores 594 Finance, insurance and real estate offices - Personal services, except the following: 72 Industrial launderers 7217 16612 § 165-82 ZONING § 165-82 I'1 Allowed Uses Funeral homes and crematories Car washes Videotape rental Medical offices Standard Industrial Classification (SIC) 726 7542 784 801, 802, 803 and 804 Child day-care services 835 Civic, social and fraternal organizations 864 Public buildings - Public utility distribution facilities - Business signs - Directional signs - Residential uses which are accessory to allowed business uses - Parks - Churches - Restaurants [Added 12-9-1992] 5812 Art dealers, art supplies and art framing - [Added 4-26-19951 Fire stations, companies and rescue squads - [Added 10-27-1999] Tobacco stores [Added 1-10-2001] 5993 Accounting, auditing and bookkeeping services [Added 1-10-20011 [Amended 8-8-1990; 6-11-1991; 6-8-1994; 7-10-1996; 2-26-1997; 8-13-1997] B2 Business General District. The intent of this district is to provide large areas for a variety of business, office and service uses. 16613 12-15-2004 COUNTY of F FXDlERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 MEMORANDUM I TO: Frederick County Planning Commission FROM: Candice E. Perkins, Planner II t:V RE: Second Request of Exception — Robert and Sylvia Johnson DATE: January 12, 2006 Staff has received a second waiver request from Robert and Sylvia Johnson to allow for the reduction in the entrance spacing for new driveways on major collector roads. The request is to allow a new commercial entrance to be placed less than 150 feet from an existing residential driveway. A site plan that shows the location of the new entrance has been included for your information, along with an aerial and a photograph of the site that shows the location of the adjacent residential driveway and Commonwealth Court. The zoning ordinance §165-29A(6) specifies that: `The minimum spacing for business or industrial entrances and road intersections on major collector roads shall be 150 feet." In accordance with Section 165-2913(1), the Planning Commission may allow other means of motor vehicle access which do not meet the requirements set forth in 165-29. The property is located at 3595 Valley Pike and currently consists of a single family dwelling which is zoned B3 (Industrial Transition). The approval of this waiver will allow this property to develop with a commercial land use. The site plan included in your package shows the proposed entrance along the northern property line. The applicant would need a waiver of 80 feet off of the adjacent residential property's driveway and 23 feet off of Commonwealth Court. This waiver would place the new commercial entrance approximately 70 feet off of the adjacent residential driveway and approximately 127 feet off of Commonwealth Court. Staff would like to note that this waiver request is very similar to the request that the Planning Commission denied at their October 5, 2005 meeting (minutes from this meeting have been included in your agenda). The Planning Commission stated that three entrances located within such a short distance were excessive. With the denial, the Planning Commission directed the applicant to work with the adjacent property owner to remove the residential entrance and utilize a shared entrance before coming before the Commission again. Staff would note that the only change is the addition. of a traffic signal at the intersection of Valley Pike and Hood Way. The location of the proposed new commercial entrancing would not facilitate an interparcel connection to the adjacent property as the parking lot for this use would be removed. The applicant has stated that they would be willing to revise the entrance to a right-in/right-out as opposed to a full commercial entrance. In the applicants request letter, reference is made to the future signalization of Commonwealth Court. Staff would like to note that VDOT has stated that there is no timeframe for when this signal will be installed. The Planning Commission should determine if they believe the waiver is appropriate in this case. Please contact our department if you need additional information. Enclosures CEP/bad 167 forth Kent Street, Suite 202 m Winchester, Virginia 22.691-5000 68 GE LIGHTING 57 63 A 57 F a A SCHENCK FOODS COMPANY 63 1 A 0 o� N z m 67 r p �o a N O 66A SCHENCK FOODS COMPANYs�F6 63 A 66A 65 y�'v P� 61 GE LIGHTING 66' / 63 A 61 'm r O ADAMS m 62 "4' 65 63 A 65 9 7 44,9 � 8 el 0 6 5 4 3 1 Fay St 2 37 ^ 64 63 OA 36 38 t 69 81 �86C H P HOOD 63 A 86C \�o ay \ 86B H P HOOD 63 A 86B ry F 3� n 82 9 0,1% S JOHN 0A6- 83 63 SON 91F 0 P 86A H P HOOD 63 A 86A A 63 15 4m 84 63 BRO y Q A 84 c h r` PRELIP C�mrnDnWealt 91H 91E 75 A 91E h-Ct-, -- o0 91G �� Q Q� e 85G THE MLR COMPANIES <y� 911 75 A 911 G� F >s o 91B y m �y �N P Request For Exception Robert & Sylvia Johnson N (68-A-83) WE 0 100 200 400 S Feet Map Features ^' Bridges .Application culverts LD Parcels 9T L Lakes/Ponds Dams Agricultural & Forestral Districts •^�-- Streams Retaining Wali. - -,— Church Buildings Road Centerlines ® Refuge Church South Frederick ... Trails 69 81 �86C H P HOOD 63 A 86C \�o ay \ 86B H P HOOD 63 A 86B ry F 3� n 82 9 0,1% S JOHN 0A6- 83 63 SON 91F 0 P 86A H P HOOD 63 A 86A A 63 15 4m 84 63 BRO y Q A 84 c h r` PRELIP C�mrnDnWealt 91H 91E 75 A 91E h-Ct-, -- o0 91G �� Q Q� e 85G THE MLR COMPANIES <y� 911 75 A 911 G� F >s o 91B y m �y �N P Request For Exception Robert & Sylvia Johnson N (68-A-83) WE 0 100 200 400 S Feet TIE 86C H P HOOD 63 A 86C A SCHEHCK66DSCOMPAMY .63" t A �r 866 3 P HOOD +"J �, 63 A 86B n x Z $. 67 82 9�0 o od s�9�9P� x 8 A 83 �m v ADAMS m 62 s3 9 65 63 A 65 9 °° 7 9 CJS 8 c2 5 /7� ��R a 4 4� 3 Nva SSP FaY'St Zg v� 2 1h ryo0 1h 36 1y y 38 37 64 63 ^ N Ow - CDxnrgoDK,�a1t�—� A 91E Request For Exception Robert & Sylvia Johnson N (68-A-83) E 0 100 200 400 W+ S Feet 86A H P HOOD 63 A 86A i Map Features ^/ Bridges CAGpim.b- /^N/ Culverts Parcels r 0 Lakes/Pords ^V Dams Agricultural 8 Forestral Districts a'k.-• Sir— 4,0 Retaining Walls E.4, Double Church Buildinga Road Centerlines Refuge Church Ta•T•'e' South Frederick r Tails - CDxnrgoDK,�a1t�—� A 91E Request For Exception Robert & Sylvia Johnson N (68-A-83) E 0 100 200 400 W+ S Feet 86A H P HOOD 63 A 86A Apdk,,Son ^� Bridges cwvem Lakes/Ponds ^/ Dams +'w^ Streams Retaining Walls Buildings Road Centerlines Trails For Exception 3vivia Johnson 0 100 200 400 Feet Zobert Johnson entrance Subject: Robert Johnson entrance From: "Ingram, Lloyd"<L1oyd.Ingram@VDOT.Virginia.gov> Date: Thu, 8 Sep 2005 11:52:00 -0400 To: 'Candice Perkins' <cperkins@co.frederick.va.us> CC: "Ingram, Lloyd" <Lloyd.Ingram@VDOT.Virginia.gov>, "Funkhouser, Rhonda" <Rhonda. Funkhouser@VDOT. Virginia.gov> Candice, Mr. Johnson's proposed entrance appears to be located far enough north on Route 11 from the intersection of Commonwealth Blvd., that it meets VDOT's minimum separation distance for the trip generation anticipated with his business. Any significant increase in trip generation will require an additional review. Please contact me if you require additional information. Lloyd A. Ingram Transportation Engineer VDOT — Edinburg Residency Land Development 14031 Old Valley Pike Edinburg, VA 22824 (540) 984-5611 (540) 984-5607 (fax) 01 1 9/8/2005 11:57 AM From: "Donny Johnson" <donnyjohnson@hotmail.com> Date: Thu, 22 Dec 2005 12:38:34 -0500 To: cperkins@co.frederick.va.us To whom it may concern, I Robert and Sylvia Johnson am seeking a waver for my driveway at 3595 Valley Pike Winchester, VA 22602 once again. Things have changed since my last waver, New red light and turning lane has been installed at my property. Driveway and distance from Commonwealth blvd has been approved by Lloyd Ingram, Also there is a red light planned for the corner of Commonwealth and Valley Pike and there is a new red light at the corner of Valley and Hood Drive, A block and a half from my driveway. I also would have right in and right out painted arrows in front of driveway, So there would be no left turn out of driveway Please contact me if you require additional information. Thank You Robert and Sylvia Johnson Letter of Waver Request.wps Content -Type: application/octet-stream Content -Encoding: base64 1 of 1 i2i22/2005 1:39 P tE: Johnson Property Candice, I am not sure when this will happen. Dave Holiday has a signal agreement ( which he currently has not renewed the bond on) as well as the proposed development at the end of Commonwealth Court engineered by Painter- Lewis. This will include participation in a signal. With the new Hood signal in place I am not sure when the warrants will be met to require the installation of the signal at the intersection of Route 11 and Commonwealth Court. If you require additional information, please contact me. Thanks, Lloyd A. Ingram Transportation Engineer VDOT — Edinburg Residency Land Development 14031 Old Valley Pike Edinburg, VA 22824 (540)984-5611 (540) 984-5607 (fax) From: Candice Perkins[mai Ito: cperkins@co.frederick.va.us] Sent: Tuesday, January 03, 2006 1:58 PM To: Ingram, Lloyd Subject: Johnson Property Hi Lloyd, I spoke with Robert Johnson about his property on Valley Pike (near Commonwealth Court) and he is going to try again for an entrance spacing waiver from the County. My question for you is... Mr. Johnson keeps saying that Commonwealth is going to be signalized "soon", is this true and do you have an idea of when it will happen? Thanks, Candice Perkiness Planner II Frederick County Department of Planning & Development 107 North Kent Street Winchester, Virginia 22601 (540) 665-5651 2 oft 1/12,2006 :0:13 AM uoypuayl . Hy • y 9(1Z '8'G 1 U T Q3 -1 0 r U n 60.00' Proposed 24' Commercial Entrance 1St. Fr. #3595 Valley Pike 30" Maple N O Fr. Shed w ❑00 O O fa� Jt V O N I I V) ! Gravel I a O'<M ! 1 0 f ! --1 ! II I , 1 I Well B , I Proposed 24' Commercial Entrance 1St. Fr. #3595 Valley Pike 30" Maple N O Ca fa� Jt V 7 a O'<M 0 _I d C la C n 0 laJ x O 00 O E 3 E O U _ 1 6" Rolled Proposed Paved I Asphalt Curb Parking Existing Gravel I Pro osed Si 1 10' x 10' r — 1 -7 name.= Route 11- Valley Pike l29 - i Variable Width RNV %4 Site Plan For Robert D. & Sylvia T. Johnson Showing Proposed Improvements Tax # 63—A-83 Zoning B3 Inst. # 030010351 Back Creek Magisterial District Frederick County, Virginia DRAWN SCALE DATE IDOCUMENT Ni CEB 4�^ 7/21/05 23609-02 KL ., Wl� ; j7! F1 ina '8� ME 4�2 sm Commission members had questions about access to the project and expressed concern about single -access subdivisions. Concern was raised for the existing residents in Canter Estates who will be exposed to continuing traffic through their neighborhood, during what could be a long construction period, by the project's new residential traffic and tradesmen working on the site. Chairman DeHaven had questions about the rear - loading areas and some front -loading areas where the applicant was requesting a reduction in setbacks to 15 feet. He was concerned about parked vehicles blocking portions of the alley in the rear or blocking sidewalks in the front. Mr. Brown replied that it was not their intent to provide visitor parking in the alley; he said that all visitor parking will be accommodated in the neo -traditional fashion in the front, with parallel parking on both sides of the street. Chairman DeHaven made the observation that in instances like this one, where everything is tight, a resident could not back his vehicle out of the garage to wash it, without blocking 50% of the pavement section of the alley. Mr. Brown replied that the alleys will be painted with stripes and designated as fire lanes; therefore, no - parking is permitted. Commissioner Light commented that he has been a long-time proponent of development tracking along the Route 522 South and Route 50 East corridor. He posed the question of how many units, in projects currently underway and undeveloped, but rezoned and capable of moving forward, were capable of impacting the Route 522 South corridor. The staff estimated there maybe about 5,000 units, including those with commercial implications. Commissioner Light recognized the benefits of the Artrip project contributing to the completion of Warrior Drive; however, he questioned the ability of one road to serve 5-6,000 future units. He said that the significant road improvements designated in the South Frederick Land Use Plan are probably not 20% of what will be needed in the future to accommodate all the traffic from projects currently active. Chairman DeHaven suggested that the staff request additional comments from the Sanitation Authority, the school system, and possibly Public Works, when the final submittals are received from the applicant. Commissioner Kriz said that in view of the lateness with which the Planning Commission received this latest revision from the applicant, he believed there had not been enough time to study the information provided. Commissioner Kriz moved that the rezoning be tabled for another 60 days and this motion was seconded by Commissioner Straub_ BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously agree to table Rezoning Application # 12-05 of the Village at Artrip to rezone 169.924 acres from RA (Rural Areas) District to R4 (Residential Planned Community) District, for the proposed mixed-use development of 905 residential units and retail, restaurant, and office uses for 60 days. (Note: Commissioner Watt was absent from the meeting.) Request by Robert and Sylvia Johnson to consider an entrance spacing waiver permitted in Article IV, Section 165-2913(1), of the Frederick County Code to allow a commercial entrance less than 150 feet from an existing residential driveway and a state road. The subject property is located at 3595 Valley Pike and is identified with P.I.N. 63-A-83 in the Shawnee Magisterial District. Action — Denied Frederick County Planning Commission Page 1614 Minutes of October 5, 2005 -7 - Planner Candice E. Perkins reported that staff has received a waiver request from Robert and Sylvia Johnson to allow for the reduction in the minimum entrance spacing for business entrances on major collector roads. Ms. Perkins said that the property, zoned B3 (Industrial Transition), is located at 3595 Valley Pike and contains a single-family dwelling. She said the entrance spacing requirement for this site is 150 feet and the approval of this waiver would allow the placement of a new commercial entrance approximately 30 to 40 feet off of the adjacent residential driveway and about 90 to 100 feet off of Commonwealth Court. She said the applicant would need a waiver of approximately 100 to 120 feet off of the adjacent residential driveway and a waiver of approximately 50 to 60 feet off of Commonwealth Court to enable the placement ofthe entrance at this location. Ms. Perkins added that the staff believes the waiver should only be granted if the parking lot and entrance are reversed which would allow the commercial entrance to straddle the two property lines of the Johnson and Broy properties, so a shared entrance could be utilized. Commissioner Unger asked if the adjacent property owner had been informed of the waiver and the possibility of the shared entrance. Ms. Perkins said that the both the staff and applicant have talked with the adjacent property owner. She noted that the adjacent properties are also zoned commercial. Commission members did not favorably view the possibility of having three entrances within the spacing of 150 to 160 feet. They pointed out that the lane in front of the properties was designed as an acceleration lane for Commonwealth Drive. Commissioners stated that there is an existing residential entrance within 50 to 70 feet of Commonwealth Drive and creating an additional commercial entrance within another 50 to 70 feet, which would be bumped out into the acceleration lane, is unreasonable and would create a safety hazard Commission members did not want to encumber the use of the property, but believed other details would have to be worked out before they would consider a waiver request. Commissioners said that if an agreement was worked out between the two property owners to create one shared entrance, they would be more inclined to vote favorably. Another suggestion was to possibly work out an access across the development strip retained to parallel with the entrance to CarQuest; and hopefully, vehicles could proceed further north where spacing was more practical. Mr. Robert Johnson, the property owner requesting the waiver, introduced himself and Mr. William E. Broy, the adjoining property owner. Mr. Johnson said that he was fine with the staff's suggestion of reversing the entrance and parking area in order to provide access to the Broy's property. Mr. Johnson said there would be a problem creating an entrance in the rear off of Commonwealth Drive, however, due to water and sewer lines and drainfield areas. Mrs. Sylvia T. Johnson, wife of Mr. Robert Johnson, said that they want to establish a small office that would operate "by -appointment only;" she said it would not be a commercial use with a lot of traffic going in and out. Chairman DeHaven called for public comments, but no one came forward to speak. Commissioner Morris moved for denial of the requested waiver. This motion was seconded by Commissioner Unger. BE IT RESOLVED, That by a majority vote, the Frederick County Planning Commission does hereby deny the request by Robert and Sylvia Johnson for an entrance spacing waiver to allow a commercial entrance less than 150 feet from an existing residential driveway and a state road. Frederick County Planning Commission Page 1615 Minutes of October 5, 2005 2.1c The majority vote was as follows: YES (TO DENY THE WAIVER): Wilmot, Manuel, Triplett, Kriz, Ours, Thomas, DeHaven, Light, Morris, Unger, Gochenour NO: Straub (Note: Commissioner Watt was absent from the meeting.) DISCUSSION Consideration of a request by Greenway Engineering to include approximately 59.09 acres of land into the Urban Development Area (UDA) and to modify the Route 50 East Corridor Land Use Plan. The Route 50 East Corridor Land Use Plan is a component of the Comprehensive Policy Plan. The property is located north and adjacent to Millwood Pike (Rt. 50), approximately 1,000 feet west of the intersection of Carpers Valley Road (Rt. 723), across from the Westview Business Center. The property is also identified with P.I.N. 65-A-116 in the Shawnee Magisterial District. Action — Recommended Denial of the Request Senior Planner, Susan K. Eddy, reported that the subject property is within the SWSA (Sewer and Water Service Area) and it is within the limits of the Route 50 East Corridor Land Use Plan. Ms. Eddy stated that the applicant is requesting that the UDA (Urban Development Area) boundary be expanded to include this parcel. In addition, the applicant is requesting that the Route 50 East Corridor Land Use Plan be modified to change the land use designation from business to mixed use. She said these two actions would collectively allow the site to develop some residential use, subject, of course, to a rezoning. Ms. Eddy said that while the applicant has called this a mixed-use development, if considered in its most simplest form, it is a request to reduce the amount of planned and zoned commercial development to provide for residential development. Ms. Eddy continued, stating that the CPPS (Comprehensive Plans & Programs Subcommittee) considered this request at their meeting on August S. She said the CPPS had serious concerns with this request, primarily the loss of commercial land along a business corridor planned and zoned for commercial and industrial uses. She said that concerns were also raised about the effect of residences on the established adjacent industrial - zoned property to the west. Ms. Eddy said the future Route 37 was discussed and the members of the CPPS expressed a desire to see commercial uses at this future interchange. She said the members also took into account the concerns raised by the Frederick County Public Schools. In conclusion, Ms. Eddy said that members of the CPPS were satisfied with the current business designation in the Comprehensive Policy Plan and unanimously recommended to the Planning Commission that this CPPA (Comprehensive Plans and Programs Amendment) request be denied. Mr. Evan A. Wyatt with Greenway Engineering came forward to represent the property owners, Arcadia Development Company. Mr. Wyatt presented the request to change the Route 50 Land Use Plan to a mixed—use development in this area. Frederick County Planning Commission Page 1616 Minutes of October 5, 2005 • L: SWSA EXPANSION REQUEST — ROUND HILL Staff Report for the Planning Commission Meeting Prepared: January 17, 2006 Staff Contact: Susan K. Eddy, AICP, Senior Planner 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 the discussion of this request. It may also be useful to others interested in this comprehensive planning matter. Reviewed Action CPPB: 01/09/06 Recommendation forwarded Planning Commission: 02/01/06 (Discussion) Pending Board of Supervisors 02/22/06 (Discussion) Pending PROPOSAL: To expand the Sewer and Water Service Area (SWSA) by 33.5 acres. PLANNED USE: Commercial LOCATION: The properties are located south of Northwestern Pike (Route 50), north of the Winchester and Western Railroad line, east of Abrams Creek, and adjacent to Round Hill Road (Route 803). MAGISTERIAL DISTRICT: Back Creek and Gainesboro PROPERTY ID NUMBERS FOR SWSA EXPANSION: 52-A-71 A, 52-A-252, 52-A-254, 52 -A -254A, 52 -A -254B, 5313-1-18, 53B-1-17, 5313-1-16, 53-B-1-15, 53B-1-14, 5313-1-13, 5313- 1-12, and 5313-1-11 PROPERTY ZONING: RA (Rural Areas) District & B3 (Industrial Transition) District PRESENT USE: Residential, VDOT Facility, Automobile Junk Yards & Vacant. ADJOINING PROPERTY ZONING & PRESENT USE: North: B2 (Business General) Use: Retail South: RA (Rural Area) Use: Golf Course East: RA (Rural Area) Use: Residential and Agricultural West: RA (Rural Area) Use: Residential and Agricultural SWSA Expansion — Round Hill January 17, 2006 Page 2 PLANNING STAFF EVALUATION: Expansion Request The Board of Supervisors at its meeting on December 14, 2005 passed a resolution directing the Planning Commission to undertake a study to consider the expansion of sewer and water service to incorporate properties adjacent to and east of Poorhouse Road in the Round Hill Community. A copy of that resolution and its accompanying map are attached. Also attached is a map specifically identifying the properties noted in the resolution (the Bishop property, the other properties bisected by the current SWSA, Emmanuel Baptist Church and Rosedale Baptist Church). The Board resolution speaks of adjustment to the SWSA boundary. For clarification, expansion of the SWSA would allow future extension of water and sewer lines and connections to water and sewer for non-residential uses and for existing residences in the Round Hill Community. It would not allow access to water and sewer for new residences; this would require extension of the Urban Development Area (UDA). Site History The original Frederick County zoning map (U.S.G.S. Winchester Quadrangle) identifies the subject parcels as being zoned A-2 (Agricultural General). The County's agricultural zoning districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re -mapping of the subject properties and all other A-1 and A-2 zoned land to the RA District. Comprehensive Policy Plan Land Use Plan The area proposed for SWSA expansion is within the boundaries of the Round Hill Community Land Use Plan. Attached to this agenda is a copy of the map portion of that plan, which has been updated to reflect the current SWSA boundary. Also attached is a zoning map of the area. Phase I of the Round Hill Plan and the eastern section of Phase II of the Round Hill Plan are being implemented. Some properties, including the Wal-Mart site, the Winchester Medical Center site and the Marathon Bank site, have been zoned for commercial and institutional uses. Phase 1 of the plan calls for business/office development. Phase II of the plan calls for commercial uses and specifically discourages residential uses in Phase II. Phase III is very long term and calls for business/office uses along Northwestern Pike (Route 50) and residential uses in the residential core area. SWSA Expansion — Round Hill January 17, 2006 Page 3 An important aspect of the Round Hill Plan is design standards. The plan calls for standards to be developed to minimize the visual disruption to the Route 50 corridor. This would include standards for shared entrances, require a green space along Route 50, address screening, control the size, number and location of signs, require underground utilities and set minimum standards for landscaping. These design standards have not yet been written. The Round Hill Plan states that it will ultimately be up to the Board of Supervisors to determine when it is appropriate to include other areas of the community within the Sewer and Water Service Area. The CPPS, in considering this expansion, had concerns about sewer capacity (see Sanitation Authority comments below) and was reluctant to extend the SWSA before detailed studies of sewer capacity and existing residents' desire for sewer and water service had taken place. They also wanted the design standards for Route 50 and the new Zoning District for the Round Hill residential community (as called for in the plan) to be in place. The CPPS, however, was aware of the need to delineate a clear SWSA line that did not bisect parcels. Therefore, the CPPS recommended a limited SWSA expansion to cover 33.5 acres of land in the area (as shown on the final map) in the vicinity of the relocated Round Hill Road. The CPPS recommended revisiting the rest of the SWSA expansion when the above mentioned studies were completed and the above mentioned standards were adopted. Staff note: Any future rezoning in an expanded SWSA area would be dependent on the applicant extending water and sewer lines at his own expense, providing the road infrastructure called for in the plan, mitigating the impacts of development, and providing the design features called for in the plan. Water and sewer lines would need to be sized to ultimately include residential land in the community center core area. Transportation The proposed expansion area is not covered by the Eastern Road Plan of the Comprehensive Policy Plan. The Round Hill Plan calls for collector roads to channel traffic to and from key intersections along Route 50. Individual business entrances are discouraged along Route 50. The plan also calls for green space along Route 50 for a pedestrian/bikeway. Community Facilities and Service The Frederick County Sanitation Authority (FCSA) does not currently serve the expansion area. Water and sewer lines have been extended on the north side of Route 50 to the Wal-Mart site. Sewage from this area is currently treated at the Opequon Plant. Water and sewer lines are set to go south of Route 50 at Ward Avenue in 2006. Ultimately, sewage from the south side of Route 50, including the residential portion of Round Hill, will be sent to a pumping station in the Willow Run area and treated at the Parkins Mill Plant. SWSA Expansion - Round Hill January 17, 2006 Page 4 The Frederick County Sanitation Authority has advised that the Parkins Mill Plant is being expanded to 5 MGD with completion in 2009. Further, the Opequon Plant is starting an expansion plan which is hoped to be completed in 2010. The Sanitation Authority has stated that there are capacity issues at present. They, therefore, recommend that the expansion of the SWSA to cover the Round Hill area not occur until 2009 at the earliest in order not to impact current capacity issues. The Frederick County Sanitation Authority has confirmed that they have enough current capacity for the minor expansion of the SWSA westward to the VDOT site. COMPREHENSIVE PLANS AND PROGRAMS SUBCOMMITTEE (CPPS) SUMMARY & ACTION OF 01/09/06 MEETING: The CPPS had some concerns with this SWSA expansion request. Members discussed the comments from the Sanitation Authority on the capacity issues at the sewage treatment plants and the timing of improvements to those plants. Members discussed previous efforts to extend sewer and water to existing residents in the Stephenson and Brucetown communities. Members were unsure how many residents in the Round Hill area would connect to water and sewer. Members discussed the continued need for design standards along Route 50 and the need for a new district in the zoning ordinance to accommodate residential infill in the Round Hill Community. Members unanimously recommended that the SWSA only be extended west to the VDOT site (to include the VDOT property as well as those properties east of VDOT, most of which are partially in the SWSA), and that any expansion further west be postponed until further studies had taken place and design standards and a new ordinance adopted. Members also recommended that the UDA boundary in the Round Hill area be pulled back to Route 37, as all land currently in the UDA in Round Hill is planned for commercial, not new residential, development. Following the public meeting, a recommendation by the Planning Commission to the Board of Supervisors concerning this Comprehensive Policy Plan amendment would be appropriate. RESOLUTION Action: BOARD OF "SUPERVISORS: December 14, 2005 IJ APPROVED ❑ DENIED DIRECTING THE PLANNING COMMISSION TO UNDERTAKE A STUDY CONSIDERING THE EXPANSION OF THE SEWER AND WATER SERVICE TO INCORPORATE PROPERTIES ADJACENT TO, AND EAST OF POORHOUSE ROAD, IN THE ROUND HILL COMMUNITY WHEREAS, Route 803 (Round Hill Road) has been re -aligned to improve traffic circulation associated with the Round Hill Crossing commercial center, the home to a Wal-Mart Supercenter, located in the Round Hill Community, within the Gainesboro and Back Creek Magisterial Districts; and WHEREAS, The County has been approached by a property owner (Bishop) whose property (PIN 52- A-254) is adjacent to the re -aligned roadway, and same property is presently bisected by the existing Sewer and Water Service Area (SWSA). A total of 11 properties, adjacent to the Bishop's property, are bisected by the existing SWSA boundary. As such, it may be reasonable to adjust the SWSA boundary to coincide with the new Route 803 location; and WHEREAS, This request to adjust the SWSA boundary was sponsored and presented to the Board of Supervisors by the Back Creek Magisterial District Supervisor on December 14, 2005; and WHEREAS, The Board of Supervisors felt the study area should include properties adjacent to and east of Poorhouse Road, specifically including the Emmanuel Baptist Church and the Rosedale Baptist Church; NOW, THEREFORE, BE IT ORDAINED that the Board of Supervisors directs the Planning Commission to study and return to the Board of Supervisors a recommendation regarding the expansion of the sewer and water service area to accommodate the properties adjacent to the re -aligned Route 803. Passed this 14th day of December 2005 by the following recorded vote: Richard C. Shickle, Chairman Aye Barbara E. Van Osten Aye Lynda J. Tyler Aye Gary W. Dove Aye Gina A. Forrester Aye Bill M. Ewing Abient Gene E. Fisher Aye PDRes.f!39-05 Resolution No.: 035-05 A COPY,*TTEyS r John Freder County A ministrator Emmanuel Baptist Church Sys ' .,, r '-•k� ,`,+,� � w . 04' t� f 6 Existing SWSA AL MARTv ��`. • - r° `►.�+ so WPM ,* So New Intersection / 1 37 37 lls°n,1�I1:Dr_. ` � arr1pttDr o Ised SWSA change iL a a I `" ✓ 71 Road Realignment _ }'37 7 ' 37 Kathy Ct x sing ✓ B1 (Business, Neighborhood District) 4 N B2 (Business, General District) (� , B3 (Business, Industrial Transition District) EM (Extractive Manufacturing District) _ 7-�a - HE (Higher Education District) �V■ Jln a d Hill f i w u - M(Industrial, Light District) Rt � J `� M22 (Industrial, General District) V MW (Mobile Home Community District) e SWSA 'y � T S ♦ - R4 (Medical Support District) �-11 �'n�.`� �'�.t � ,►`J1 W `//�`' •ti's , _ R4 (Residential, Planned Community District) _ _ ��. _ R5 (Residential Recreational Community District) RA (Rural Areas District) r 37 \ _ J RP (Residential Performance District) 41 A 55 r ' 151.98ac " ' >� ' / ✓° , /� Round Hill Sy A9. 4 41 A 170 42 A 180 2 A 1 225a _ P eo• •� 274.16 ac 105.2&dc. Community g, ¢1 i 5 /-� _ ai' 52 A 47 6 N 156.67 ac 52 P ac- 53 A 1 �! 20.'5 �-,•' 96.69 ac,. w a 52 2 A rez8 Feet o '• 0 750 1,500 53 A 69 120.9 o41.ac e oEmmanual Baptist Church Qo� 4 �•. GS C� 8 52 A 92A 55 ac Rosedale Baptist Church A Streets 4 ac 'wood Ln e• 4 03 a'�` h°j 1• /V Primary Roads a cRc 66k 52 A C _ ? /%/ Secondary Roads Tertiary Roads ' T`t'ttA O. ' Winchester City Roads 3 3rL' 44 �c1 .Q Q4' .? J'l1 �i / �. ! yN�,• s? A c'�F• F, railroads •r' { 9 B 3. _ . x.53 Q -,� SY , aq Lakes Streams 52 A 122 1 s , � C e b2 g 71q 4.38a Parcel F - -' �. 44.20--a f Urban Development Area 7�vSWSA S✓ '�' N '� �;{ O Community Centers 52 A 124 ti Round Hill Landmarks 115.66ac; Bishop - 52 A 261 � •. � 135.87 ac Q aG a a� `L N ! 53 A 88 r r� 235.1 ac 7'a 52 A 256 425.9 ac f @P 'L0o k br. E 52 A 313A iFrederick County Dept of 52 A 300 11235 ac o - .4 Planning & Development 305.43 acP IAO w ' 854�� 2 - 107 N Kent St 52 5aO' >9 Winchester, VA 22601 www.CO.FREDERICK.VA.US '7•QsagA., .. ' ` d '`6 c��a 3 A 14584 act December 2005 r N ° 41 A 55 ! - 151.98 Round Hill 225 29 .% g1 41 A 170 42 A 180 Community 2 A 1 '.29 p• ao- '�--�._� 274.16 ac. 105.26 Ac: Land Use Plan 5 f ` ;� 52 A 47 48 \ Total Study Area 156.67 ac. 52 Pac.._ 53 A 1 2q5 ,.� 96.69 ac. 1180 Acres ' f ♦ 52 2 A55 7fi?28 l o N S !,y '1-, 53 A 89 rycy Q^ m 60 P yt' .120:9 ac. �\ Feet o 0 750 1,500 52 A 92Asu,9s / f 55 ac. w ti `� e� _- _ � h�� Proposed Traffic Signal % 52 A e ; Proposed Collector Roads a9.ba ro Phase 1 - 110acres 6 P c `�fi �n aylr q O / �� 2 11 a 'f t - m m +�r3�p `' Phase 2 - 180acres 4 !! �3 ac0 J Phase 3 - 300acres • a ,�� . Streets 62 A Primary Roads Q m r 14. 8aL•1 � . 14.241 Secondary Roads 'd'?3 i7 \ y y ✓ Terciary Roads c � Winchester City Roads 52 A 124 1' - � — — �� 115.66 ac. !! 52 A 261 �. !/ .� 14"V railroads 135 87 ac Lakes Pt Streams Parcels as �� ! •• N 53 .1 Urban DevelopmentArea 235., ac. Ca. r 52 A 256 ��= V "SWSA ® 425.9 ac. � �O �' F1 e r ' 4.1 Community Centers Frederick County Dept of 52 A 313A o�` Planning & Development 112.35 ac. of - s3 52 'A 300 1s'S 107 N Kent St �. 305.43 ac. 310 N 4 a9 ? 62 P z Winchester, VA 22601 www. CO. FREDERICK.VA.US 1p�° w June 1996 Updated as of Dec 2005 -°h 1T 1OS3 ac.A 9 53 A 92A - d f ra 145.84 ac. !' t cM 7!`I h j 41 A 55 Y f _ Y 151.98 as Q f/ 41 Round Hill 2 A 1 ?2 41�9. ^ 41 A 170 \ 42 A 180 p ems' Sas 274.16 a05.266C' C. Community 1 � c 1 J P �m Zoning 52 A 47 * " - 156.67 ac 511 Sac. \\\ 53 A 1 2A' 96.69 ac w 55 ea s? 'v �- �` s x a' ' o r e_?czQ Feet . 0 750 1,500 yQo- w 0n`�h� y yy@c. 53 A 69 v' •r 120.9 as / 10 Streets ss ^V Primary Roads Secondary Roads 52 Tertiary Roads 55 ac 53 A A Winchester City Roads 73.34 ac rs+ood.Il � 63 /�/ railroads Lakes 52 A C �'"_—•-._ 449 89. - . a _ .,r�,,,_ Streams P I• , Yn'� �[t�4Y+lts'4 p • u w Parcels 52 �Z o r a Q��P > f Urban Development Area 9 '.#*41PSWSA 4 Community Centers 52 A 122 C1 ry - .r 40 61 (Business, Neighborhood District 62 (Business, General District b ) rR� 23F a! y p �5t _ yr s B3 (Business, Industrial Transition District) EM (Extractive Manufacturing District) 52 A 124 >�; \ 4`� L+ ` HE (Higher Education District) 115.66ac - 52 A 261 � - � � � M1 (Industrial, Light District) s 135.87 ac ,� ,!`<,. 9 - M2 (Industrial, General District) - MH1 (Mobile Home Community District) '40 MS ( Medical Support District) N O � �y +� R4 (Residential, Planned Community District) � 53 A 8$ - R5 (Residential Recreational Community District) N r 235.1 ac- - RA (Rural Areas District) B 1 RP (Residential Performance District) oIn, In, ,r 52 A 313A 4 Frederick County Dept of 112.35 a 52 A 300 c Planning &Development 305.43 ac a x ' " ,� xe.S4� e? 107 N Kent St 57 5gO i9� >x Winchester, VA 22601 s www.CO.FREDERICK.VA.US poor �7 13aca 53 A 92A �,� 145.34 an December 2005 CPPS Recommended SWSA Expansion ® Recommended SWSA Expansion Urban Development Area SMA Road Network /V Primary Roads /N/ Secondary Roads Terciay Roads Winchester City Roads 0 Feet J 250 500 1,000 Frederick County Dept of Planning & Development 107 N Kent St, Suite 202 Winchester, Virginia 22601 540.665.5651 www.CO.FREDERICK. 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