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PC 03-15-06 Meeting AgendaAGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia March 15, 2006 7:00 P.M. CALL TO ORDER TAB 1) February 1, 2006 Minutes..................................................................................................(A) 2) Committee Reports.................................................................................................. (no tab) 3) Citizen Comments.................................................................................................... (no tab) PUBLIC HEARING 4) Rezoning #02-06 of Shenandoah University, submitted by Patton Harris Rust & Associates, to rezone 1.2 acres from RP (Residential Performance) District to HE (Higher Education) District with proffers. The properties are located on the east and west sides of Tulane Drive (Route 797), approximately 650' north of Millwood Pike (Route 50), in the Shawnee Magisterial District, and are identified by Property Identification Numbers 64-A-109 and 64- A-110. Mr. Ruddy........................................................................................................................ (B) PUBLIC MEETING 5) Waiver Request for David and Linda Hicks, submitted by Artz & Associates, PLC, to consider a waiver to Article V — Design Standards, Section 144-17 — Streets, G 1 — Culs-De- Sac, of the Frederick County Subdivision Ordinance to exceed the 1,000' cul-de-sac length requirement by an additional 1,800'. The subject property is located north of Glaize Orchard Road (Route 682), .O6 miles east of Hunting Ridge Road (Route 608), and is identified by Property Identification Number 21-A-37 in the Gainesboro Magisterial District. Mr. Cheran....................................................................................................................... (C) COMMISSION DISCUSSION 6) Planning Commission Bylaws: Article IX Revisions Mr. Lawrence................................................................................................................... (D) 7) Work Program Priority Mr. Lawrence................................................................................................................... (E) 8) Site Plan 982-05 McClung -Logan Equipment Ms. Perkins..... .................. (F) 9) Other FILE COPY • 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 February 1, 2006. PRESENT: June M. Wilmot, Chairman/Shawnee District; George J. Kriz, Gainesboro District; Charles E. Triplett, Gainesboro District; Christopher M. Mohn, Red Bud District; Gregory S. Kerr, Red Bud District; Greg L. Unger, Back Creek District; John H. Light, Stonewall District; Robert A. Morris, Shawnee District; H. Paige Manuel, Member -At -Large; Philip A. Lemieux, Board of Supervisors Liaison; and Lawrence R Ambrogi, Legal Counsel. ABSENT: Roger L. Thomas, Vice Chairnlan/ Opequon District; Cordell Watt, Back Creek District; Gary R. Oates, Stonewall District; Richard C. Ours, Opequon District; and David Shore, City of Winchester Liaison. STAFF PRESENT: Eric R Lawrence, Planning Director; Mark R. Cheran, Zoning & Subdivision Administrator; John Bishop, Transportation Planner; Susan Eddy, Senior Planner; Candice Perkins, Planner 11,- Bernard l;Bernard Suchicital, Planner; Kevin Henry, Planning Technician; and Renee' S. Arlotta, Clerk. CALL TO ORDER Chairman Wilmot called the meeting to order at 7:00 p.m. INTRODUCTION OF JOHN J. BISHOP, TRANSPORTATION PLANNER Chairman Wilmot introduced Mr. John A. Bishop, Frederick County's Transportation Planner, who began his employment in the Planning Department on January 30, 2006. Chairman Wilmot welcomed Mr, Bishop on behalf of the entire Planning Commission. MINUTES Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the minutes of the December 7, 2005 Planning Commission meeting were unanimously approved as presented. Frederick County Planning Commission Page 1673 Minutes of February 1, 2006 D � n -2 - COMMITTEE REPORTS Development Review & Regulations Subcommittee (DRRS) — 01/26/06 Mtg. Chairman Wilmot reported that the DRRS did not have a quorum; however, Zoning and Subdivision Administrator, Mark R Cheran, reviewed the work that has been done on the sign ordinance and also talked about upcoming projects. CITIZEN COMMENTS Chairman Wilmot called for citizen comments on any item that was not already on the Commission's agenda for this evening. No one came forward to speak. PUBLIC HEARING Conditional Use Permit 910-05 of William Broy for an off -premise business sign to be located at 3605 Valley Pike. This property is identified with P.I.N. 63-A-84 in the Shawnee Magisterial District. Action — Tabled Planner Kevin Henry reported that this conditional use permit (CUP) is for an off -premise business sign proposed along the Route 11 South Corridor at 3605 Valley Pike; the property is zoned B3 (Industrial Transition) and consists of 0.33 acres. He said the sign will need to be set back ten feet from the property lines and contain no more than 100 square feet in area. Mr. Henry added that the Comprehensive Policy Plan recommends methods to preserve the appearance of the Route 11 South Corridor and specifically states to, "... limit or prohibit the use of off-site signs and encourage the use of monument -style signs." He said the Plan further suggests that controls along primary highways play an important role in establishing the character of business corridors. Mr. Henry said the staff is recommending, therefore, that this monument -style sign contain no more than 80 square -feet in face area, that it be limited to 12 feet in height, and that the open space at the bottom of the sign be removed. Mr. Henry next read a list of recommended conditions, should the Commission find the CUP to be appropriate. Mr. William A. Broy, the applicant, did not believe the 12 foot height and 80 square -foot face area recommended by the staff would be sufficient to provide good visibility. He described the size and style of the structure he had in mind. Mr. Broy said he wanted to keep the bottom of the sign off the ground so it would not be hit by gravel or mowing machines because of the cost to replace a damaged sign. Mr. Broy requested that his proposed sign be allowed to be 100 square feet in face area and 16 -feet in height. Frederick County Planning Commission Page 1674 Minutes of February 1, 2006 D LI U n F V -3 - Commissioner Kriz asked Mr. Broy how many existing and potential business were located behind him and Mr. Broy named five existing businesses, with the potential for five or six more. Commissioner Kriz also asked Mr. Broy if the entrance to his house was off of the highway and Mr. Broy replied yes; however, because of the traffic, it was a dangerous access. Mr. Broy believed a traffic light was needed here. Planning Director Eric R Lawrence commented that the staff is simply attempting to establish a standard. He said the policies of the County suggest that off -premise signs are not appropriate; however, there are occasions where an entrance sign of this type is beneficial for an unmarked development center. He said the sign should be a monument -style sign that is sized appropriately for the area. Mr. Lawrence explained that traffic in this area should be slowing down because of the new traffic signal at Hood and, ultimately, there will be an additional traffic light at Commonwealth; these traffic lights will slow dove the traffic and, therefore, a large sign should not be necessary. Chairman Wilmot called for public comments and the following person came forward to speak: Mr. Ron Hodgson, the owner of Sportsplex, located in the Shawnee District, calculated the potential for 15-20 businesses that could be approached off of Commonwealth Court. He said he has spent years trying to get a traffic light there because it is a hazardous intersection. Mr. Hodgson said that Sportsplex itself has about 400,000 visitors annually and represents on any particular given week 10-12,000 vehicles going through that intersection. Mr. Hodgson said that Sportsplex has had a problem with patrons finding them; for example, he said last weekend they had 15 college hockey teams, from New England all the way down to North Carolina, for tournaments and he had numerous comments about the difficulty they had finding his facility. Mr. Hodgson said that he would like to meet with Mr. Broy before the Commission made a decision on the CUP, because he was concerned that an 80-100 square foot sign would not be large enough to serve the business park area into the future. Mr. Broy returned to the podium and requested that the Commission table his CUP until he could work out some of the issues and meet with Mr. Hodgson. Upon motion made by Commissioner Morris and seconded by Commissioner Kriz, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously agree to table consideration of Conditional Use Permit 410-05 of William Broy for an off -premise business sign, at the applicant's request, in order to allow the applicant sufficient time to work out the issues and meet with adjoining property owners. (Commissioner Manuel abstained from voting and Commissioners Thomas, Watt, Oates, and Ours were absent from the meeting.) Consideration of the establishment of Red Bud Agricultural and Forestal District, a new Agricultural and Forestal District containing 879.98 acres with 43 parcels and managed by 24 property owners. The proposed Red Bud Agricultural and Forestal District is located in the Stonewall Magisterial District, along Red Bud Road, Pine Road, and Burnt Factory Road, north of Berryville Pike (Rt. 7), and east of I- 81, and straddling Red Bud Run. action — Reconu-nended Approval Frederick County Planning Commission Page 1675 Minutes of February 1, 2006 -4 - Planner Bernard S. Suchicital reported that all of the parcels in and surrounding the district are in agricultural or residential use. Mr. Suchicital stated that the proposed District lies outside of the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA), with the exception of one two -acre parcel, which he identified on the overhead screen for the Commission. Mr. Suchicital said that approximately half of the district is designated as developmentally -sensitive area (DSA); the remaining parcels currently have no land use designation, which indicates the area should remain rural. Mr. Suchicital added that this proposed district was presented to the Agricultural District Advisory Committee on January 10, 2006 and was voted unanimously for a recommendation of approval. He further added that the Agricultural District Advisory Committee believes that the proposed district is agriculturally significant and creation of this District would conform to the County's Comprehensive Policy Plan, which labels the area as historic, developmentally sensitive, and rural. Cormnissioner Morris commented that two of the parcels proposed to be included within the District are zoned RP. Commissioner Morris asked for the significance of adding those into the District, in terms of restrictions in subdivision and development. Mr. Suchicital replied that enlisting property within the District is completely voluntary by the property owner; he said that by choosing to join the Agricultural District, the property owner freezes his right to subdivide his parcel of land. He added that if the property owner wishes to subdivide, he would have to go through the process of meeting with the Agricultural District Committee, the Planning Commission, and the Board of Supervisors to take the parcel of land out of the District. Chairman Wilmot called for public comments and the following person came forward to speak: Mr. Mike McGuire, a resident on Pine Road, had questions on why the designation of his property was being changed. Mr. McGuire also inquired about a sewer line that was being installed; he said that his property was the only one on Pine Road that was being surveyed and he was concerned the service line would be placed through the middle of his property. Mr. Suchicital explained that the Agricultural District will maintain the existing nature of the area. He explained that the property owners are wishing to add another layer of review and legislation to hopefully persuade development to go in other areas outside of their own. He said the benefits are the continuation of the rural and agricultural characteristic of the neighborhood and a property owner must submit a request to have his property included within the District. It was determined that Mr. McGuire was sent a letter of notification because he was an adjoining property owner to the proposed District. Upon motion made by Coni nissioner Light and seconded by Conunissioner Triplett, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the establishment of the Red Bud Agricultural and Forestal District, a new Agricultural and Forestal District containing 879.98 acres with 43 parcels and managed by 24 property owners. The proposed Red Bud Agricultural and Forestal District is located in the Stonewall Magisterial District. (Commissioners Thomas, Ours, Watt, and Oates were absent from the meeting.) Frederick County Planning Commission Page 1676 Minutes of February 1, 2006 Hl rij F�Ai r-3 -5 - An amendment to the Frederick County Code, Chapter 165, Zoning, Article X, Business and Industrial Zoning Districts, Section 165-82, District Use Regulations, B1 (Neighborhood Business) District, enabling Health Clubs under the Standard Industrial Classification Code 7991 (SIC -7991). Action — Recommended Approval Zoning and Subdivision Administrator, Mark R Cheran, reported that the zoning ordinance currently does not allow health clubs to be located in the B 1 (Neighborhood Business) Zoning District. Mr. Cheran stated that the Development Review and Regulations Subcommittee (DRRS) considered this proposed amendment at its September 29, 2005 meeting and recommended that health clubs with a maximum square footage of 5,000 square feet be included as an allowed use in the B 1 District. At the Planning Commission's November 16, 2005 meeting, members supported the proposed amendment, but increased the maximum square footage from 5,000 to 10,000 square feet. Commissioners believed the 10,000 square feet would be reasonable and would still be in keeping with the intent of the B 1 Zoning District. Mr. Cheran said the Board of Supervisors received a memo from the staff on December 2, 2005 regarding the change; staff has not received any issues or concerns from the Board_ Chairman Wilmot called for public comments, 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 an amendment to the Frederick County Code, Chapter 165, Zoning, Article X, Business and Industrial Zoning Districts, Section 165-82, District Use Regulations, BI (Neighborhood Business) District, enabling Health Clubs, with a maximum of 10,000 square feet, to be included under the Standard Industrial Classification Code 7991 (SIC -7991). (Commissioners Thomas, Ours, Watt, and Oates were absent from the meeting.) Consideration of an entrance spacing waiver request for Robert and Sylvia Johnson permitted under Article IV, Section 165-29B(1), of the Frederick County Zoning Ordinance, which would allow a commercial entrance to be located less than 150 feet from an existing residential driveway and a state road. The property is located at 3595 Valley Pike and is identified by P.I.N. 68-A-83 in the Back Creek Magisterial District. Action - Approved Planner Candice E. Perkins reported that 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. She said the property is located at 3595 Valley Pike, it is zoned B3 (Industrial Transition) District, and is improved with a single-family dwelling. She said the entrance spacing for this site is 150 feet and the approval of the waiver would allow the placement of a new commercial entrance approximately 70 feet off the adjacent residential driveway and 127 feet off of Commonwealth Court. Ms. Perkins explained that the applicant would need a waiver of 80 feet off the adjacent residential driveway and 23 feet off of Commonwealth Court. Frederick County Planning Commission; --ll D I C 1 Page 1677 Minutes of February1, 2006 1 ZM. Ms. Perkins referred to the email from VDOT which stated they were satisfied with the separation provided. She noted that the County's entrance spacing requirements are more stringent than VDOT's, however, VDOT does support the County's requirements. Referring to the site plan included in the Commission's agenda packet, Ms. Perkins pointed out the entrance along the northern property line. She stated that the previous entrance spacing waiver, which showed the entrance at the southern property line, was denied at the Planning Commission's October 5, 2006 meeting. With the denial of that request, the Planning Commission directed the applicant to work with the adjacent property owner to remove the residential entrance and to pursue a shared entrance for both properties. Ms. Perkins stated that staff believes the location of the proposed new entrance would not facilitate an inter -parcel connection to the adjacent property, possibly leaving the adjoining property without means for commercial access, should it be developed in the future. Ms. Perkins added that approval of the waiver would still result in three entrances being located within close proximity and staff recommends that the two property owners work together to utilize a shared entrance. She further added that the applicant is willing to revise the entrance to a right -in, right -out only, instead of a full commercial entrance. Regarding a question from the Commission about the new application being substantially the same as the previous one, Ms. Perkins said that on the previous plan, the entrance was shown closest to Mr. Broy's property. With the new plan, the entrance is along the northern side of the property, adjacent to the Boyce property. Mr. Robert Johnson, the property owner and applicant, said that in order to ensure the entrance is used as a right -in, right -out only, he will improve the entrance with asphalt and painted arrows at the apron. Mr. Johnson presented a letter stating that he is providing easement on both sides of his property to the adjoining neighbors, Mr. Broy and Mr. Boyce. He said he revised his previous submittal by moving the driveway back to its original location, which is further away from Commonwealth Drive, and results in him being only 23 feet short. Mr. Johnson added that he has an existing turning lane in front of his property. He further added that the recently -installed traffic light at the Hood factory slows the traffic flow in this area. He said that the traffic signal planned for the intersection of Commonwealth Drive and Route 11 will further aid iii slowing the traffic flow. Commiissioner Mohn asked Mr. Johnson if he had approached Mr. Broy about obtaining an easement to get access to his site from Commonwealth Drive, instead of taking access off Route 11. Mr. Johnson replied no. Chairman Wilmot called for public comment and the following persons came forward to speak: Mr. William Broy, the adjoining property on the south side of Mr. Johnson, said that Mr. Boyce does not currently have access to Route 11; he said the turning lane that is being referred to by Mr. Johnson is what VDOT describes as a "runoff' lane for tractor and trailers. Mr. Broy commented that there are about 3,500 trucks that enter the Hood plant every day and this is a very dangerous location. He said that he has been talking with VDOT and the staff about putting in a 50 -foot wide roadway off of Commonwealth, but he would have to have assistance with the expense. He said it would help to take the traffic off of Route 11. Mr. Ron Hodgson, the owner of Sportsplex, said that his understanding is that Mr. Broy is willing to give an easement at the rear of his property so that Mr. Boyce, Mr. Johnson, and Mr. Broy would have access off of Commonwealth Drive. Mr. Hodgson believed this needed to be addressed because the traffic on Route 11 is extremely bad at the moment. Mr. Hodgson said that he would like to see Mr. Johnson's request tabled until all parties can get together and come up with a plan that works for everyone. Frederick County Planning Commission (rl n rl i3 I�p Page ] 678 Minutes of February 1, 2006 V I S n W H -7— Mr. Johnson returned to the podium and stated that he had spoke with Mr. Broy about the easement in the back a couple months earlier. Mr. Johnson said he would be interested in the easement; however, it seemed like the plans for this were some time into the future, and he needed to resolve the access issue for his property right away. Commissioner Unger commented that Mr. Johnson has moved his entrance down as far as he could, he has offered easements on both sides of his property, and, he is planning a right -in, right -out entrance. Commissioner Unger said he could not see how Mr. Johnson could do anything more. Upon motion made by Commissioner Unger and seconded by Commissioner Kriz, BE IT RESOLVED, THAT by a majority vote, the Frederick County Planning Commission does hereby recommend approval of an entrance spacing waiver request for Robert and Sylvia Johnson to allow a commercial entrance to be located less than 150 feet from an existing residential driveway and a state road, and with the caveat that the entrance be right -in, right -out only. The property is located at 3595 Valley Pike in the Back Creek Magisterial District. The vote was as follows: YES (TO APPROVE WAIVER): Molui, Kerr, Triplett, Kriz, Light, Morris, Manuel, Unger, NO: Wilmot (Commissioners Thomas, Ours, Watt, and Oates were absent from the meeting.) DISCUSSION Round Hill Sewer and Water Service— Consideration of a request to include approximately 33.5 acres of land into the Sewer and Water Service Area (SWSA). The properties are located south of Northwestern Pike (Rt. 50), north of the Winchester and Western Railroad line, east of Abrams Creek, and adjacent to Round Hill Road (Rt. 803). The subject parcels are identified by P.I.N.s 52 -A -71A, 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, 53B-1-13, 53B-1-12, and 5313-1-11 in the Gainesboro and Back Creek Magisterial Districts. No Action Required At This Time Senior Planner Susan K. Eddy reported that the Comprehensive Plans and Programs Subcommittee (CPPS) considered this request on January 9, 2006 and the Sanitation Authority's comments regarding capacity issues and future expansion plans raised considerable discussion. She said there was also discussion on previous efforts to extend water and sewer into rural community centers, specifically, the Stephenson and Brucetown areas; the CPPS was not certain how many of the residents in the Round Hill area actually wanted to hook into public sewer and water. She said there also was discussion regarding design standards and ordinance language that was not yet in place. Ultimately, she said the CPPS unanimously reeonnnended that the SWSA only be expanded to include all of the parcels currently bisected by the SWSA line, Frederick County Planning Commission ,,i Minutes of February 1, 2006 4{, p �y yc 'ji Page 1679 Im and west up to the VDOT site, and down to the rail lines, so that a clear definite boundary line is formed. Any further expansion west towards Poorhouse Road should be postponed until further studies have taken place, until design standards are implemented, and an ordinance adopted. The members also recommended consideration of moving the Urban Development Area (UDA) line into Route 37, since all the parcels in this area are planned for commercial use and not residential use. Commissioner Kriz recommended that the UDA issue be considered completely separate from the SWSA consideration to avoid confusion. Regarding the SWSA expansion, Commissioner Kriz believed the CPPS's decision to include the small area down to VDOT is as far as the Commission should go, because of the constraints of the Sanitation Authority, until a comprehensive study could be completed of the entire area. Coimnissioner Unger questioned whether even that small portion should be taken into the SWSA, if a study had not yet been done to determine how many residents wanted public water and sewer. He questioned who would pay for running the line. Commissioner Unger did not believe there was even enough land to warrant running sewer and water out there. Ms. Eddy explained that expansion of the SWSA line does not in itself hook up anyone. She said the moving of the line allows people within the line to come forward and run the line at their own expense. She said that if someone would come in with a request for rezoning, the Commission would require them to put the line in. Ms. Eddy said it would not commit the County in any way to paying for the line. Ms. Eddy stated that Board members had been approached by people whose property was bisected by the SWSA line and had questions about whether they were inside or outside of the SWSA; she said the action under consideration would clear up that situation. Cominissioner Light said the CPPS's discussion focused on the small existing subdivision in this area; he said if those residents wanted to have public water and sewer, the SWSA would be in place for those residents to hookup. He explained that as far as rumiing sewer and water to that area for development purposes, it does not have a UDA designation. Commissioner Light emphasized this would purely be to help residents in the area, if they had failing septic systems. Commissioner Kriz inquired how much of the 33 acres belonged to VDOT and Ms. Eddy replied at least half. She added that VDOT has not requested a sewer and water line extension. Planning Director, Eric R Lawrence, added that this is strictly a Sewer and Water Service Area Policy Boundary. He said the County is not discussing physically extending sewer lines, but is stating that these properties would qualify for sewer, if they wish to pay to extend the lines. Commissioner Morris was unsure the Commission had effectively addressed the points of the resolution passed by the Board of Supervisors. Commissioner Morris said that as he understood it, what really prompted this request was the Emmanual Baptist Church. He was not certain the church's questions had been effectively answered about the process or what the County could do; for example, who pays for the line and if the County did expand the SWSA, how could Emmanual Baptist Church expect that the line would ever come to them. Ms. Eddy stated that the Round Hill Plan was very clear in stating that "development" was going to pay to get the sewer and water line extended westward on Route 50. She said that if this area was already within the SWSA, then either of the churches could pay to run the line all the way down; however, she did not think this was likely. She said the steps required would include extending the line as a policy, entertaining rezoning applications, and having applicants come forward with development that would pay to install the line. Frederick County Planning Commissioni Minutes of February 1, 2006 Page 1680 MM Commissioner Morris said that he would like to feel confident that the two churches in particular understand and have all of their questions answered, not only about the process, but what historically has taken place. Commissioner Kriz pointed out that this was still a discussion item. He said it will need to go to the Board of Supervisors for discussion and then back to the Commission and Board for a public hearing. Commissioner Kriz said there will be plenty of time for input and understanding. Ms. Eddy reassured the Commission that she could clarify the particular issues in the report, especially if the Commission believes the process is not quite clear to the members of the churches. Chairman Wilmot asked Ms. Eddy to indicate the kinds of information that would be appropriate to accomplish before the County establishes the policy. Chairman Wilmot reiterated what Commissioner Kriz had said about there being ample time yet available for members of the public to participate in this process. Commissioner Triplett said that he understood that the Round Hill Methodist Church was also interested in having public water and sewer, as well. Staff had not been contacted by that particular church. No action was required at this time by the Commission. Staff said the Commission's comments would be forwarded to the Board of Supervisors. OTHER UNIFICATION STUDY FOR WINCHESTER AND FREDERICK COUNTY Commissioner Kriz announced that the Unification Study of Winchester and Frederick County is moving along very well and there will be public meetings that will be announced shortly. He said the website, www.winchester-frederick.com, gives much of the information regarding the unification committees. Commissioner Kriz said that everyone in both the City and the County will need to be educated on this to determine whether the two should be unified. COMMITTEE APPOINTMENTS Chairman Wilmot appointed Commissioner Oates and Commissioner Kerr as full members of the Development Review and Regulations Subcommittee (DRRS). She also appointed Commissioner Mohn as a full member of the Comprehensive Plans and Programs Subcommittee (CPPS) and Commissioner Oates as the liaison to the Historic Resources Advisory Board (HRAB). -10 - Chairman Wilmot stated that she would like to create an Ad -Hoc Task Force to study and update the Planning Commission's Bylaws. Chairman Wilmot said that along with Commissioners Morris and Thomas, she would like to have one additional volunteer from the Commission. Commissioner Mohn volunteered to join the committee. ADJOURNMENT Upon motion made by Commissioner Morris, seconded by Commissioner Kriz, and unanimously passed, the meeting adjourned at 8:40 p.m. Respectfully submitted, June M. Wilmot, Chainnan Eric R Lawrence, Secretary Frederick County Planning Commission Minutes of February 1, 2006 i I i j _- . i Page 1682 V��j �" • J • REZONING APPLICATION #02-06 SHENANDOAH UNIVERSITY Staff Report for the Planning Commission Prepared: March 1, 2006 Staff Contact: Michael T. Ruddy, Deputy Planning Director This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: March 15, 2006 Pending Board of Supervisors: April 12, 2006 Pending PROPOSAL: To rezone 1.2 acres from RP (Residential Performance) District to HE (Higher Education) District with proffers. LOCATION: The properties are located on the east side of Tulane Drive (Route 797) and west side of Price Drive, approximately 650' north of Millwood Pike (Route 50). MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBERS: 64-A-109 and a portion of 64-A-110 PROPERTY ZONING: RP (Residential Performance) District, HE (Higher Education) District, and B2 (Business General) District PRESENT USE: University Stadium and Residential ADJOINING PROPERTY ZONING & PRESENT USE: North: RP (Residential Performance) South: RP (Residential Performance) East: RP (Residential Performance) West: B2 (Business General) PROPOSED USES: University Facilities Use: Residential Use: Residential Use: Residential Use: Hotel & University Facilities Rezoning #02-06 — Shenandoah University March 1, 2006 Page 2 REVIEW EVALUATIONS: VirLyinia Dept. of Transportation: The documentation within the application to rezone this property appears to have little significant impact on Route 797. This route is the VDOT roadway which has been considered as the access to the property referenced. It is recommended the applicant proffer that all access to this property be through Tulane Drive. No access will be allowed along the frontage of Price Drive. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, and off-site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Fire Marshal: Water supplies for firefighting shall meet the requirements of Frederick County Code Section 90-4. Plan approval recommended. Millwood Station: No comments. Department of Inspections: No comment required at this time. Public Works Department: We have no comment at this time. Frederick -Winchester Service Authority: No comment. Sanitation Authority: No comment. Frederick -Winchester Health Department: The Health Department has no objection to the request as stated so long as no private drainfields or private/public wells are negatively impacted. Department of Parks & Recreation: No comment. Frederick County Public Schools: Based on the information provided that states no residential units will be part of the rezoning, there will be no impact to the school population upon build -out. Winchester Regional Airport: This property appears to be just on the outside edge of the Airport Support Area and the traffic pattern of the Winchester Airport. Due to the close proximity of this property to the flight pattern at Winchester Regional Airport, building occupants are likely to experience aircraft noise and fly -over nuisance from aircraft entering into or departing the flight pattern. As the airport continues to expand services and operations, noise associated with such expansion will likely increase. Property owners may be aware of the airport's existence, but should be forewarned about this potential problem. We advise the owner to take measures for noise attenuation during construction of their classroom facilities. This would help reduce any noise distraction during classes. Winchester Regional Airport if a vital line in the National Air Transportation System used by private Rezoning 402-06 Shenandoah University March 1, 2006 Page 3 citizens, commercial air carriers, businesses and industries throughout the region to transport people and goods around the world. During the last eighteen months, there has been a dramatic increase in jet transient traffic at Winchester. In addition, we now have a medevac helicopter conducting operations throughout the day and night. The Winchester Regional Airport has a direct and principal economic impact on our community and is continually working towards expanding operations. To be successful in our ventures, we need citizen support, which causes us concern regarding the potential for complaints about aircraft noise. Frederick County Attorney: Please see attached letter dated June 28, 2005 from Robert T. Mitchell, Jr., Esquire. Historic Resources Advisory Board: Upon review of the proposed rezoning, it appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the rezoning application by the HRAB. According to the Rural Landmark Survey, there are no significant historic structures located on the properties nor are there any possible historic districts in the vicinity. It was also noted that the National Park Service Study of Civil War Sites in the Shenandoah Valley does not identify any core battlefields that his proposed rezoning would directly impact. The properties are within the study area of the First and Second Battles of Winchester; however, this area has already lost its integrity. Planning & Zoning: 1) Site History The original Frederick County zoning map (U.S.G.S. Winchester Quadrangle) identifies the subject parcels as being zoned R-2 (Residential Limited). Site of the original farmhouse on the Lages land, the acreage that is now the College Park Subdivision, the property has been zoned RP (Residential Performance) since the consolidation of the existing R2 zoning classification with the R1, R3, and R6 zoning districts to create the RP (Residential General) District on September 28, 1983. The original College Park Subdivision was created around the parcels for which this current rezoning is being requested in 1970. The Pembridge Heights Subdivision further developed this area, including the residential lots located along Price Drive.. The remaining portion of parcel 64-A-110 that is not subject to this rezoning request which was acquired by Shenandoah University, contains both B2 (Business General) and HE (Higher Education) District zoned land, and has developed according to Master Development Plan MDP#01-91 which was revised in August of 1999 to enable a football stadium and fieldhouse facility on the east side of Interstate 81. Parcel 64-A-109, totaling 0.6 acres, and the 0.6 acre portion of Parcel 64-A-110 are subject to this 1.2 acre rezoning request from RP (Residential Performance) District to HE (Higher Education) District. Rezoning #02-06 — Shenandoah University March 1, 2006 Page 4 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. I-]] Land Use The subject properties included with this rezoning request are located within the boundaries of the Route 50 East Corridor Land Use Plan. The properties are located wholly within the Urban Development Area (UDA) and Sewer and Water Service Area (SWSA). The Route 50 East Corridor Land Use Plan recognizes the existing land uses of the parcels in this area and does not identify any desired future land use. However, the Eastern Frederick County Long Range Land Use Plan Map recognizes the institutional land uses associated with Shenandoah University in the vicinity of the properties. Such a land use designation could be applied to the subject parcels with the appropriate recognition of the character of the adjoining residential subdivision. The intent of the HE (Higher Education) District is to permit institutions of higher education in appropriate areas. Transportation The Comprehensive Plan does not presently identify any new road improvement projects in the immediate vicinity of this rezoning request. The street serving the existing and developing university facilities, Tulane Drive, was recently upgraded in accord with VDOT specifications to accommodate the development proposed with the Shenandoah University Master Development Plan. The intersection of Tulane Drive, Route 797, and Route 50 is of a standard that can accommodate the traffic anticipated from the currently master planned Shenandoah University project, the College Park Subdivision, and the properties included with this rezoning request. Price Drive, the existing residential subdivision street on which the properties have frontage, is of residential character and additional traffic of a non-residential nature should be discouraged. 3) Site Suitability/Environment The site does not contain any environmental or historical features. More specifically, there are no identified areas of steep slopes, floodplain, or wetlands that should be addressed through this rezoning application or would constrain the development of the properties under the I IE (Higher Education) zoning district classification. Parcel 64-A-110 does contain a stormwater management facility that was created in conjunction with the Tulane Drive Road improvement project. Rezoning #02-06 — Shenandoah University March 1, 2006 Page 5 4) Potential Impacts A. Transportation In a letter dated May 2, 2005, the Virginia Department of Transportation recommended that the applicant proffer that all access to this property be through Tulane Drive. They further stated that no access will be allowed along the frontage of Price Drive. Staff would concur based upon the rationale that Tulane Drive was recently improved to a standard that would accommodate the anticipated traffic from the developing areas of Shenandoah University. Price Drive is a residential street that serves the existing residential uses, the character of which should be preserved with this rezoning application. The applicant should be prepared to address this issue and the Proffer Statement provides the applicant the opportunity to do so. No additional measurable transportation impacts are anticipated from the development of this 1.2 acre site on Tulane Drive, Route 797, and the intersection of Tulane Drive and Route 50. Staff would concur with the application's statement that the requested rezoning will expand the area available for the development of planned facilities and ancillary uses, but will not result in a discernable increase in traffic above what has already been planned and approved. It should be ensured that the access for any traffic generated by the development of this acreage is via Tulane Drive. B. Sewer and Water Public water and sewer service is provided to the site by the City of Winchester. Wastewater generated by the development of this site will be conveyed to the Opequon Waste water Treatment Facility. The ongoing development of University facilities has ensured that sufficient water and sewer infrastructure has been provided to accommodate any additional development that may occur on this site. C. Community Facilities and Impacts The Frederick County Development Impact Model has not been applied to HE (Higher Education) District rezoning requests in recognition of the unique impacts and benefits that institutions of higher education provide to the community. The impacts of the development of facilities within the HE (Higher Education) District on the surrounding community should be carefully evaluated. In particular, when the land for which the rezoning request is being sought is part of a residential community and the surrounding land uses are residential. In recognition of the need to ensure that areas of HE (Higher Education) District are appropriately integrated with the surrounding comm, unity, the HE (Higher Education) District section of the Zoning Ordinance enables the Planning Commission to require distance buffers and landscaping and/or full screening on lots which abut residential land uses. The size of the buffers and nature of the screening shall be based upon the amount of separation and screening needed. Rezoning #02-06 — Shenandoah University March 1, 2006 Page 6 Staff has previously encouraged the applicant to be proactive with regards to any landscaping and screening that could be applied to this property to ensure that the long term use of the property is appropriately integrated with the adjacent residential uses. It would be preferable for the applicant to propose an approach to addressing this issue which ensures that whatever the ultimate use of the acreage, the surrounding properties are not negatively impacted. It is important to remember that buildings, signs, and structures within the HE (Higher Education) District may be erected up to 45 feet in height, structures may be located up to 35 feet from any street, and parking areas may be located within five feet of any property line. With the approval of the Master Development Plan for the Football Stadium and Fieldhouse, the University provided a landscape buffer that was twenty feet in width and consisted of a double row of evergreen trees adjacent to the residential properties. The properties that are subject to this rezoning request provide a gateway to the University grounds. The opportunity exists for the applicant to address this issue in a manner that is aesthetically pleasing, both as a gateway to the University Stadium complex and to the adjacent neighbors and ensures that any future impacts from the development of this acreage are mitigated. Staff continues to encourage the applicant to propose an approach that could be incorporated into the proffer statement in some form. 5) Proffer Statement — Dated April 26, 2005 and revised February 15, 2006 The Proffer Statement contains one proffer that seeks to address the site development as it relates to transportation access. This proffer states that site access shall be limited to Tulane Drive, the internal campus road network, and the two existing entrance points on Price Drive. This proposed proffer does not appear to limit site access in any fashion and would enable the development of the subject properties to occur with primary access being via Price Drive. A more desirable approach may be to limit access to the 1.2 acre site to the University's internal street system via the extension of the recently improved Tulane Drive, thus minimizing any potential impacts to Price Drive and the existing residential land uses. Accommodations in the Proffer Statement may be appropriate to enable the existing residential structure to continue to utilize Price Drive. However, any new development and/or redevelopment of the site under the HE (Higher Education) designation should utilize an internal access point on Tulane Drive extended. STAFF CONCLUSIONS FOR 03/15/06 PLANNING COMMISSION MEETING: The Shenandoah University rezoning application is generally consistent with the goals of the Frederick County Comprehensive Plan. Elements of the rezoning application have been identified that should be carefully evaluated to ensure that they fully address specific components of the Comprehensive Plan and the intent of the HE (Higher Education) District. The Planning Commission should ensure that the impacts associated with this rezoning request have been fully addressed by the applicant. Particular attention should be paid to ensuring that the potential development of the HE (Higher Education) land uses are appropriately integrated with the surrounding residential community. Rezoning 902-06 — Shenandoah University March 1, 2006 Page 7 Confirmation of the issues identified in the staff report, and any issues raised by the Planning Commission, should be addressed prior to the decision of the Planning Commission. Followin,a the requirement for a public hearing, a recommendation by the Planning Commission to the Board of Supervisors concernin'a this rezoning application would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Planning Commission. HALL, MONAHAN, ENGLE, MAHAN & MITCHELL n 2005 WILBUR C. HALL (1892-1972) THOMAS V. MONAHAN (1924-1999) SAMUEL D. ENGLE 0. LELAND MAHAN ROBERT T. MITCHELL, JR. JAMES A. KLENKAR STEVEN F. JACKSON DENNIS J. MCLOUGHLIN, JR. A PARTNERSHIP OF PROFESSIONAL CORPORATIONS ATTORNEYS AT LAW 16 7 EAST MARKET STREET 9 EAST BOSCAWEN STREET LEE5BURG, VIRGINIA WINCHESTER, VIRGINIA TELEPHONE 703-777-1050 TELEPHONE 540.662-3200 FAX 540.662-4304 E-MAIL law:,ers(phsllmorohan-Cpm June 28, 2005 Michael T. Ruddy, AICP Deputy Director Frederick County Department of Planning & Development 107 North Kent Street Winchester, VA 22601 PLEASE REPLY TO: P. 0. BOX 848 WINCHESTER, VIRGINIA 22604-0848 Re: Shenandoah University (Tulane Drive) Proposed Proffer Statement Dear Mike: I have reviewed the above -referenced Proposed Proffer Statement. It is my opinion that the Proposed Proffer Statement is generally in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, and is legally sufficient as a proffer statement, subject to the following: 1. Paragraph 1.1: I would pose the following questions for your consideration with regard to this proffer: (1) the proffer prohibits "new" student residential facilities; are there existing student residential facilities on the property?, and (2) is it the intent of this proffer to permit new residential facilities, if they are not student residential facilities? 2. Para a h 2.1: There is apparently an existing single-family detached dwelling on the property which has driveway access to Price Drive. It appears to be the intent of this proffer to not permit that entrance on Price Drive to be utilized as HALL, MONAHAN, ENGLE, MAHAN & MITCHELL Michael T. Ruddy June 28, 2005 Page 2 access to this property in general. If so, it would seem that there should be some language to limit the entrance on to Price Drive as solely for access to the dwelling. I have not reviewed the substance of the proffers as to whether the proffers are ific site, as it is my understanding that that suitable and appropriate for this spec review will be done by the staff and the Planning Commission. RTM/ks City of 5 A 107A MAHAVEER, INC 0d A 110 SHENANDOAH UNIVERSITY Zoning B2 6 A 107 APPLE BLOSSOM PROPERTIES, LP 6A 3 A APPLE BLOSSOM PROPERTIES Map Feat— Zoning tae e�lsas�n.n,.,�emnooe ws<dnl rns cmaa��ai saPP�n o�:v�n1 f,sP�/VeT5e5 /�/ � e� 8210u psineq !A Ra (Resitleneai, P�an�red Caenmuniry Oistrmp Hoa � aateaamea�,m ai7aasd�Da�arn 9 Ra(Rgierneal Ra�,Bareeai eOmmamry o�d„dl aama .+y Rda a .� eM (r=am as a< � �I ORA (Ra�a�A�aaa w�vmD Roaa Cen4Nines A HE(H, Ed.—DMi,d)wa Q RP (aegda�uai RenOm,aooa oiavmq �Taax� � �� ml wdad,�m. Dem wao-mo O M2'�neusbulG ate) ..I. MH (Moms Homa commw,�h Ds„kn 0 25 50 100 1l Feet Zoning RP P� a � b S� SPS 3TO"1 �V,O� 6NP 1�OD P E\ �a 12ryb )O LEa 6NP'•yF0\b PP8 EVPNS N 54A 1PRER SPNDRAP 1N1lLER.ORR15T0 64A 121204 CLARK, MICHAEL L 8 CYNTHIA S 64A 123 HOV ATTER, DNA CARLT U A 109 SHENANDOAH UNIVERSITY REZONING # 02 - 06 Shenandoah University (64-A-109,110) 6 A 111D PRICE, IDA M A ae _� M SxENAN xuIVEP&. Ver., .J4d s A A, 7510 011IDA M PAW 6 L lllwK� Map Features Zoning �n,e tiseas� a,(a�,—=.�eseeemeaos , , MSIMaa�=o,ort acct, REZONING # 02 — 06 H `� `� BR (0usinass, Geneal Dl'an�,i ommaaay Diebioy 6a R�I�psi akesrPonas Wm�s n his enriai Raoraa,o aI mmeni �zuiap Shenandoah R -d JerlMrlims O0 © HE (rli9ner za.mal^ea9u�s,� V 9A(R anw—1 area: omae gvlaaaaentai vertermanvaosr ct) .�s,4- ek. .,l. mt(ina:,naLLigM „tr,n' ParrBls ^� !, AI2 (Inaustnai, �enerN astnctl ,a M e��e Herne cemm��n o�,rr�ca University ,. ns •�� E� 0 25 50 100 (64-A-109, 110) PROPOSED PROFFER STATEMENT REZONING: RZ. # r -Z - c& Residential Performance (RP) to Nigher Education (HE) PROPERTY: 1.261 acres +/-; Tax Map Parcels 64-A 109, 64-A 110 (portion) [the "Property'] RECORD OWNER Shenandoah University APPLICANT: Shenandoah University PROJECT NAME: Shenandoah University- Tulane Drive ORIGINAL DATE OF PROFFERS: April 26, 2005 REVISION DATE(S): February 15, 2006 The undersigned hereby proffers that the use and development of the subject property ("Propert,/'), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced HE conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Shenandoah University - Tulane Drive Rezoning" dated April 26, 2005 (the "GDP"), and shall include the following: Site Development 1.1 Site access shall be limited to Tulane Drive, the internal campus road network, and the 2 existing entrance points on Price Drive. The entrances on Price Drive shall be subject to approval by VDOT of a transportation impact analysis at the time of site plan approval. SIGNATURES APPEAR ON THE FOLLOWING PAGES Proffer Statement Respectfully submitted, SHENANDOAH UNIVERSITY Date: is STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: Shenandoah University — Tulane Drive The for going instrument was acknowledged before me this qday of 2006, by "�VI C1'c i J t JJ -z My commis_ sio expires u 31-0 Notary Public Page 2 of 2 2/15/06 4". y EX l:lw y/� 40 ! i' .�'� A'"1' ��!"j?� +"•` d�'• ��r'.a. •tet( � y J ZONE r' r HEI .� � •. .-.,� Y � y .;� '.•�� R LLP �� t �� rp EX 1, PROP HE�- jts#fJ rP 0.6 W l +` 14 INPf r ; . q{� � % -z 1Jt A i.. - ....—.1- '•;�! ..�. -: ! -111 'R..": 4, DD -/ OFff , Ark rte:, SHENANDOAH UNIVERSITY TULANE DRIVE REZONING Patton} Harris, Rust & Associates, pc Zi 117 E. P St. Winchester, Yr mia 22601 a (b GENERALIZED DEW-LOPMENT PLAN ' 9 Q VOKIZ (540) 667-2139 FAA (540) 665-0493 FREVEPCK CfIMY, MGM SHENANDOAH UNIVERSITY TULANE DRIVE REZONING IMPACT ANALYSIS STATEMENT April 2005 A. INTRODUCTION This report has been prepared for the purpose of assessing the impact on Frederick County by the conditional rezoning of a 0.6 acre portion of parcel 64-A- 110, and parcel 64-A-109, totaling 0.6 acre (+/-), which are owned by Shenandoah University. The subject acreage is located on the east and west sides of Tulane Drive (Route 797), and west of Price Drive, approximately 650 feet north of Millwood Pike (US Route 50). Parcel 64-A-110 is currently split -zoned HE (Higher Education), B2 (Business General) and RP (Residential Performance), and parcel 64-A-109 is zoned RP. This application proposes the rezoning of the RP zoned portion of 64-A-110 and the entire area of 64-A-109 to the HE District. The total area subject to the proposed rezoning is therefore 1.20 acres (+/-). The portion of 64-A-110 subject to this rezoning was acquired by Shenandoah University from the owners of the adjoining Holiday Inn property, and consolidated with the HE zoned acreage by boundary line adjustment in 2002. Parcel 64-A-109 was acquired by Shenandoah University in April 2002. The HE zoned portion of the site is subject to an approved master development plan (MDP), the implementation of which has thus far been limited to Shentel Stadium and related facilities. The approved MDP provides for the development of additional facilities on the site, to include an events center and classroom facilities. In 2003, Shenandoah University completed improvements to Tulane Drive intended to meet the conditions of development indicated by the approved MDP, as well as the future use of the subject acreage. The requested rezoning will ensure the appropriate zoning for the properties owned by Shenandoah University on the east side of Interstate 81 to be designed in a cohesive and contextually compatible manner. Moreover, the HE District is the appropriate zoning designation for the subject acreage given its role supporting the established and planned facilities of the Shenandoah University campus. B. COMPREHENSIVE POLICY PLAN The subject parcels are located within the study area boundaries of the Route 50 East Land Use Pian. The properties are located wholly within the Sewer and Water Service Area (SWSA) and Urban Development Area (USA). The Route 50 Impact Analysis Statement Shenandoah University — Tulane Drive East Land Use Plan does not articulate a particular planned land use for the site, and instead merely identifies the existing zoning of the subject acreage. C. SUITABILITY OF THE SITE Existing Conditions and Use The B2 portion of Parcel 64-A-110 formerly contained the tennis courts used by guests of the adjacent Holiday Inn. These facilities have been removed due to the extension of Tulane Drive into the site, and no other improvements exist on either the B2 or RP zoned portions of this parcel. Parcel 64-A-109 contains a single family detached dwelling that was the original farmhouse for the acreage that is now College Park subdivision. The residential use of this structure has continued under the ownership of Shenandoah University. Access The subject acreage has approximately 300 feet of frontage along Price Drive, and is further accessed by Tulane Drive, which extends onto the site. The signalized intersection of Tulane Drive and Millwood Pike (U.S. Route 50) is approximately 650 feet south of the site. Environmental Features The site does not contain any environmental features that would either constrain or preclude site development. In particular, there are no identified areas of steep slopes, flood plain or wetlands/hydrologic soils on the parcels included in this application. Soils The General Soil Map of the Soil Survey of Frederick County, Virginia indicates that the soils comprising the majority of the subject acreage fall under the Weikert-Berks-Blairton soil association. The predominant soil type on the site is Clearbrook channery silt loam, 2 to 7 percent slopes (map symbol 913), as shown on map sheet number 36 of the survey. This soil type is not considered prime farmland. The characteristics of this soil type and any implications for site development are manageable through the site engineering process. D. TRANSPORTATION Ultimate vehicular access to the subject acreage will occur via Tulane Drive and the internal road network of the campus, which allows traffic entering the campus in the City of Winchester to reach the site by a connecting road that extends under Interstate 81. The internal road network will provide principal short term access to the site, as use of the Tulane Drive entrance will initially be limited to Page 2 4/01/05 Impact Analysis Statement Shenandoah University — Tulane Drive special event traffic. The traffic impacts associated with special events, such as football games and other activities at Shentel Stadium, will be managed effectively with the assistance of local law enforcement agencies. The Tulane Drive entrance is ultimately intended to accommodate day to day University traffic. In accord with VDOT specifications and approval, Tulane Drive has been improved and extended onto the subject site to support anticipated University -generated traffic. Traffic movements at the intersection of Tulane Drive and Millwood Pike will be controlled by the existing four-way traffic signal, and will further be managed by dedicated right and left turn lanes. The existing infrastructure both on and off site will result in adequate transportation facilities to support the impacts directly attributable to the requested rezoning. Indeed, the approved MDP for the HE zoned portion of the site provides for development of the University facilities that will be the principal traffic generators on the site, and further defines the transportation system necessary to serve such uses. The improvement of Tulane Drive and the internal connection under Interstate 81 were the key components of this system, and both are available for use. The requested rezoning will expand the area available for the development of planned facilities and ancillary uses, but will not result in a discernable increase in traffic above what has already been planned and approved. E. SEWAGE CONVEYANCE AND WATER SUPPLY Public water and sewer service is provided to the site by the City of Winchester. The site is served by a 12" water main that extends along the access road from the main campus of the University in the City of Winchester. Shentel Stadium is currently connected to this main by 8" lateral lines. Subsequent development on the site will be similarly served. Sufficient water supply and pressure for domestic and fire protection purposes is available to allow continued development of University facilities on the site. A 24" sewer main originating in the City of Winchester extends onto and traverses through the site. The sewer main crosses Abrams Creek and enters the site at a location generally coincident with the path of the access road, and continues across the site to the College Park subdivision. Shentel Stadium is currently connected to the main by 8" lateral lines. Subsequent development on the site will be similarly served. Sewage generated on the site will be conveyed to the Opequon Regional Wastewater Facility for treatment. F. DRAINAGE The subject acreage naturally drains north to Abrams Creek. Itis anticipated that low impact development techniques together with good erosion control practice will mitigate adverse stormwater discharge impacts. Actual specification of Page 3 4/01/05 Impact Analysis Statement Shenandoah University — Tulane Drive temporary and permanent facilities will be provided with final engineering and will comply with all local, state and federal regulations. G. SOLID WASTE DISPOSAL Solid waste generation will vary based upon the ultimate facilities developed on the site and the frequency and scale of special events hosted on the site. Solid waste will be transferred to the Frederick County landfill by commercial carrier. H. HISTORICAL SITES AND STRUCTURES The Frederick County Rural Landmarks Survey does not identify any potentially significant structures on the subject 1.20 acres or within close proximity of the properties. The subject properties are not located within the study boundary or core area of any identified Civil War battlefield. I. IMPACT ON COMMUNITY FACILITIES Shenandoah University contributes to the high quality of life enjoyed by the Winchester — Frederick County community in ways that are too numerous and diverse to effectively quantify. As a source of educational and cultural enrichment, Shenandoah University strengthens the fabric of our community through the promotion of achievement, understanding, and opportunity. The impacts of Shenandoah University are decidedly positive, and the requested rezoning will facilitate the continued growth and success of this important local institution. The Frederick County Fiscal Impact Model is not applied to HE rezoning requests given the unique nature of institutions of higher learning. Indeed, the planned expansion of Shenandoah University on the site will result in new facilities that will address existing community needs, such as the planned events center, and will not add discernable stress to public facilities, most notably schools. Page 4 4/01/05 Ah, 11 T�t�� y�- �.�3 y �#` r►y xis f ' �e' L s i t Y. ' t SHOUN AH �a � �, 4 17 ry 01 .' gyR§+.�.d .`- t - T,u1•r,.y,.,,r.��. w1p�`+ ;, A • ~r `°..," Y - 'e a.. `{`u't Fes► �'t'....ACS '+1.:,,r �, } A' "F it Ar SO ' arm r � r - ^► .1 aF t �'" f 7.: s,,� w S � 7 '� yyy/ 4i��• ', , 4:" � + � Tom' i ,. R JB;`. It .,, . JZ.16' SHfNANDOAH UNIVERSITY litTULANE DRIVE REZONING Patton, Harris, Rust &Associates, pc ti cn 117 E Picadillo St Winchester, Virginia 22601 O O LOCATION MAP VOICE (540) 657-2139 FAX: (540) 665-0493 ` �'' FREDERICK counrr, WRM14 iiY,jtt / (4, \ •i a 77 IM � Ifl N\V OAH i 'N6 ON00 PROP ZOWE_ Lr—f (�VE� . ''"' • `EX ZONE- B2_ t,.�l ' HO!@AY (imm TAS SHENANDOAH UNIVERSITY iCbj TULANE DRIVE REZONING o a SITE CHARACTERISTICS 0 I VIN � 5 ED C3 H- F�1 r--1 U � 0� OQ Patton, Harris, Rust & Associates, pc 117 E F �Cca&� SL Vm nester. Yu "fm 22601 VZE- (te) 667-2139 FAk (540) 665-0493 \ •i a 77 IM � jjj1 a� VIN � 5 ED C3 H- F�1 r--1 U � 0� OQ Patton, Harris, Rust & Associates, pc 117 E F �Cca&� SL Vm nester. Yu "fm 22601 VZE- (te) 667-2139 FAk (540) 665-0493 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA Ta he conpTet�d by Planraarlg. Staff Fee Armount Paid $ g nt-Nurr'��r. ._- Date 16ceived Zan�ri Ani endure PC Hearing' Date BOS' Hearing Date � The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Patton Harris Rust & Associates (PHR+A) Telephone: 540-667-2139 Address: 117 E. Piccadilly Street Suite 200 Winchester Virginia 22601 2. Property Owner (if different than above) Name: Shenandoah University Telephone: 540-665-4514 c/o Business Office Address: 1460 University Drive _ Winchester, Virginia 22601 _ 3. Contact person if other than above Name: Charles E. Maddox, Jr., Telephone: 540-667-2139 4. Checklist: Check the following items that have been included with this application. Location Map X Agency Continents X Plat X Fees X Deed of property X Impact Analysis Statement X Verification of taxes paid X Proffer Statement X 1 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Shenandoah University 6. A) Current Use of the Property: B) Proposed Use of the Property: 7. Adjoining Property: See Attached PARCEL ID NUMBER 254-1-2 64-A-107 64 -A -107A 64-A-109 64A-8-3-35 64A -12-3-111C 64A -12-3-111D 64A-12-3-210 64A-12-3-211 University Stadium (HE), Residence (RP) University Facilities (Academic/Cultural) USE University Commercial — Hotel Commercial — Hotel Residential Residential Residential Residential Residential Residential ZONING HE (City of Winchester) B2 B2 RP RP RP RP RP RP 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers). The properties are located on the east and west sides of Tulane Drive (Route 797), approximate 650 feet north of Millwood Pike (US Route 50). 2 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s) Date Charle . Maddox, Jr., P.E. 02/17/06 e Owner(s) ��—� -- Date 02/17/06 Shenandoah University Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.coJrederick.va.ns Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By Those Present: That I (We) (Name) Shenandoah University (Phone) 540-665-45 (Address) 1460 University Drive, Winchester VA 22601 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Deed Book on Page and is described as Parcel: 109,110 Lot: Block: A Section: 64 Subdivisi do hereby make, constitute and appoint: (Name) PHRA, Chuck Maddox, Jr. , Ron Mislowsky, Patrick Sowers (Phone) 540-667-2139 'Address) 117 E. Piccadilly Street Suite 200 Winchester Virginia 22601 o act as my true and lawful attorney-in-fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including X Rezoning (including proffers) _ Conditional Use Permits X Master Development Plan (Preliminary and Final) _ Subdivision Site Plan My attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this �•� day of �� , 200, Signature(s) \ -- State of Virginia, City/County of 1:1 1? (L 1 el To -wit: I, L�l- a V,- : Q,A YJ 1 +2, a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared before me .nd has acknr,ledged the s e before me in the jurisdiction aforesaid this �] day of ^, 200b . My Commission Expires: Oo Notary, is Adjoining Property Owners Rezoning Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. ID Name Address -A-110 t Shenandoah Univsi % Gene Fisher 1460 Universit Drive, Winchester, VA 22601 -A-111C Vir ' 'a A Bresnanan 101 Harvard Drive, Winchester, VA 22602 64-A-1 11D Ida M Price 102 Price Drive, Winchester, VA 22602 64A-12-3-204 Michael L & Cynthia S Clarke 104 Price Drive, Winchester, VA 22602 64A-12-3-210 Robert C & Jacqueline Gochenour, Jr. 111 Price Drive, Winchester, VA 22602 64A-12-3-211 Ona Carlton & Margaret F Hovatter 105 Price Drive, Winchester, VA 22602_ 64A-8-3=35 Ruth T Sherwood 103 Princeton Drive, Winchester, VA 22602 64A-12-3-205 Christopher & Sandra P Miller 106 Price Drive, Winchester, VA 22602 64A-12-3-206 HwTy F & Joyce M Evans III P.O. Box 1682, Winchester, VA 22604 64A-12-3-207 Eric D A & Holly B McMurtry 110 Price Drive, Winchester, VA 22602 64A-12-3-208 William R & Marie C Withers 112 Price Drive, Winchester, VA 22602 64A-12-3-209 1 John L & Pamela T Haines 114 Price Drive, Winchester, VA 22602 z 0 0 0 CD w OD . o: ^w ~ d Z Z O' O } Q Q �F o LL. z o E. za F= z w- z In O Ld z - o U � O 0= 2�3 'c J 0 w T ` o � . Q d U m V Q (i Cif L�j t a- z o N 0 F-,. 00 m F c:k J IZ IZ Q I_ I NOTE. THE BOUNDARIES SHOWN HEREON WERE DERIVED FROM PUBLIC RECORDS ARE 4OT THE RESULT OF A: CURRENT FIELD SURVEY. M_ 64A -E(12),)-(-3)-211 ONA C. & MARGARET HO-VATTER I D.B. 745, PC 1435 I ZONE: RP S8635'22"E 180.60' aI ro Cs Q. o 1 0 Tm. 64- fes))-1dg I SHENANDOAH UNIVER I-rr INST: f GZ0007057 0:6792 ACRES- w ZONE RR 3 00 T7 m _ � 0 Z I FN _ _ 179.06' S8635'22"E - - 179.26' NO2'34'21 "E b 78.08' 0- t l PORTION OF T.M. 64-((A))-110 CURRENTLY ZONED RP 'ss SHENANDOAH UNIVERSITY INST. # 020007057 F Or.641a ACRES I ro G C r7 En w 0 M C"1. O Z S87'2555"E 146.6 HARVARD DRIVE w `o EXHIBIT SHOMNG RTE. 1246 TWO PROPERTIES i CURRENTLY STANDING GRAPHIC SCALE IN THE NAME, OF o za ,Q as SHENANDOAH UNIVERSITY SHAWNEE WAGISTERIAL DISTRICT v ! FREDERICK COUNTY, VIRGINIA SCALE: 1' =40' DATE: AUGUST 12, 2005 F � I inch = 40 ft. No. 0023C " MONTGOMERY ` pal .140-9 Prosperity Dr. (5-40)450-32WVOIC SUfi�r'' Winchester; VA 602 E www.cdb22-meg.mm (540) 450-3235 FAX CG1< NTY of FREDERICK Department of Planning and Devenopment 540/665-5651 FAX: 540/665-6395 MEMORANDUM TO: Frederick County Planning Commission FROM: Mark R. Cheran, Zoning and Subdivision Administrator RE: Waiver Request — David and Linda Hicks DATE: February 28, 2006 Mr. and Mrs. David Hicks are requesting a waiver of the Chapter 144 Section 17G; Subdivision of Land, cul-de-sac length. The property is north of Glaize Orchard Road (Route 682), .06 miles east of Hunting Ridge Road (Route 608) in the Gainesboro Magisterial District. This proposed cul-de-sac is illustrated on Exhibit "A" Preliminary Sketch Plan for Babb Creek Estates. Background The applicant has submitted a Preliminary Sketch Plan for a Rural Preservation Subdivision with a cul-de-sac, 2,800 foot in length (Well Drillers Lane). The applicant contends that the topography and narrowness of lots on this site does not allow for a cul-de-sac of 1,000 feet as required by the Ordinance. Therefore, the applicant is requesting a wavier of the 1,000 foot cul-de-sac requirement of Chapter 144, to allow for a cul-de-sac of 2,800 feet. This waiver of cul-de-sac length is a Planning Commission action only and a recommendation is needed for this application. MRC/bad Attachments 107 North heat Street, Suite 202 - Winchester, Virghtia 2260-1-5000 § 14417 FREDERICK COUNTY CODE § 14.4-17 design of such features shall be determined based on traffic safety considerations. G. Culs-de-sac. (1) Culs-de-sac, permanently designed as such, shall not exceed one thousand (1,000) feet in length. The Planning Commission may waive this requirement in cases where extreme topography or other factors make it impractical. In no case shall the street serve more than twenty-five (25) lots. The turnaround provided shall have a right-of-way radius of not less than fifty (50) feet and a paved radius of not less than forty-five (45) feet. Loop streets are preferred to cuts -de -sac, where possible. (2) Any street dead -ended for access to an adjoining property or because of approved stage development, which is over two hundred (200) feet in length, shall be provided with a temporary, all-weather, fifty -foot turnaround. The plan shall note that the land outside of the normal street right-of-way shall revert to the adjoining landowners whenever the street is continued. Temporary culs-de-sac used to accommodate approved phasing or to provide access to adjoining properties shall not be restricted in length to the one -thousand -foot requirement for cuts -de -sac. The length of temporary cuts -de -sac shall not exceed the length specified by the phasing plan on an approved master development plan. H. Reserve strips. Reserved -land spite strips, serving solely to restrict access to existing or planned streets, shall not be permitted, provided that nothing herein shall prohibit areas for planting and landscaping where adequate access is otherwise available. I. Grades. Street grades shall not exceed ten percent (10%) on local streets or eight percent (8%) on collector streets. Ditches on grades greater than five percent (5%) shall be properly stabilized to prevent erosion and ensure positive drainage. Catch basins shall be installed where required under the current Virginia Department of Transportation standards. J. Widths. The right-of-way width for major streets shall conform to the Frederick County Comprehensive Plan and the requirements of this chapter. 14422 10-10-95 r ; ASHBY,, ROBERT N III 21 A 36 I � 1 ' r 21 A 37E DEHAVEN CHARLES STUAR/ JR ��lr ✓ '� rt r BUSH,DONALDS I� R tl I hil / % � is t r , ., f �/' � � � i��i\� r I -� • I -• � ii�� fl '�� r.��/.�..-.��A��. �� tied �ai� �� - 1 °t• ,.�J m / HICKS DAVID &BLIND rJ t'�� I �� tom,,.,• d l r ✓, 21 A 22 i HELM, RICHARD S ErALS )) I : 21 A 37B 1 SCHWASTA, WILLIAM S & MARIE A Ali a r .. r�. ..- ,. OZ'S v • ,ry � �' � .,, SHIFFLETT, RU_SS LL & JUNE Map Feaw— ,r� Subdivision Wavier NgW811• urDavid & Linda Hicks ullain0a Roatl Ce�tehlli5 �E 'e� H (21 -A-37) 0100 200 400 ^ Feel A V ROSE H -� i ASH TA 4�4 A A 21 A 3 ce 91168 NRLD6 �� 2f HICKS. nh ,21 4V41 RK fA wWASTA, OVILLIAM $ CL MARIE A r. 47 Map Feat -es Subdivision Wavier N David & Linda Hicks E—.— R..d C..-- 1 e (21 -A-37) swsA T"0 100 200 400 Fed COUNTY of FREDERICK Department of Planning and Development 107 North Kent Street ! Winchester, Virginia 22601-5000 Telephone: 540/665-5651 FAX: 540/665-6395 WAIVER/EXCEPTIONS REQUEST APPLICATION 1. Applicant: Name:66 a'L Telephone: Address: /(p `P/ ►Q r� el - W Cjjc�taj& U x/44 )-Z601 2. Property owner (if different than above): Name: Telephone:LLIJD� Address: �al.333 JV- V4- "2 Z c 3. Contact persona (if other than above): Name: Telephone:(�j'�(�� 4. Waiver request details (include specific ordinance requirements to be waived): C ul- �- CtQ- - _- aWD FT - 5. Property Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): lecatod A)xrlLA . &,Y -q - Uat O/za6zlet ALda0�111ct - 6. Parcel Identification/Location: Parcel Identification Number -)�) Magisterial District: �(�Urt4 �Lnw 'Q�a . t. 7. Property zoning and current use: Zoned: A Current Use: Q n Q District g. Attachments: Adjoining Property Owners List Existing/recorded and Proposed Plats OFFICE USE ONLY: Fee: $500 enclosed: Receipt #:� 9. List of Adjoining Properties: The following names and addresses are all ofthe individuals, funis, or corporations owning property adjacent to the property for which the waiver or exception is being sought, including properties at the sides, rear, and in front of (across street from) the subject property. (Use additional pages if necessary.) These people will be notified by mail of this application. NAME Kichard Address PropertyID # Address e - Or" L 1S •I�li��r VA 2Z�n� Property ID # o� I - ' 3 `� F � Address '33 �� i�c-i 11.25 LN • w irC�Le-S-brUR Property ID # ;�;Z I - f� - �n Address _;I�,VS Lc�_j,\e V�iKr Property ID # La i - A - 3--) Address�� Property ID # I LI -6— Address ss� 0 0,C: U lZc , LO I r� cyvnknr V F 2Z Property ID # laS �'} eve `. SZ2oqsC� Address n S bc� r 1�1; ��►' i! Z Property ID # a Address Property ID # Address Property ID # Address Property ID # Address Property ID # - Page 2 - Artz * Associates, P.L.C. I G East Piccadilly Street Winchester, VA 22GO I 540-GG7-3233 540-GG7-9188 (Fax) Toll free 800-755-7320 mikeartz@shentel.net February 23, 2006 Mark Cheran Subdivision Administrator Frederick County Department of Planning & Development RE: Waiver Request for Babbs Creek Estates — Length of Cul-de-sac Mark, The reason for the request for a waiver to the maximum length of a Cul -De -Sac is due to topography and narrowness of the parent tract. Sincerely Michael M. Artz, L.S. DsrANCE •A\\#� }..IJ+,a+l++++t + +++* +++;+; - CURVE RADIUS ARC LENGTH CHORD CHORD BEARING DELTA ANGLE LINE BEARING OISTPNCE IJNE BFMINC 375.51 i J -+' � \\� (f I + ; i+i + Ci 175.00 58.13 57.86' N 43'0512" E 19'0151' Ll N 273108 E 1231.58 L79 N 38.4432 W t+ 11�\\\�� // �'�-K�j'+'�n `� \ `♦\\` \\\�\. TM #21-A-22 + + ; �; + ; y +i + + ; C2 125.00' 88.37. 88.54 N 3720! E 40'3027 L2 N 16'0518 W 259.79 LZO N 09.4 53 W 542.18 I�JI IiI i \\ �' � `i + +/+ /� ; � � A\ \\�\ \ \\\\\\\ RICHARD S. HELM .& +1 _\ +++ + ; ;+++i+ C3 85.00 '94.43 - 89.65 N 19'4353 W 63'39 O6" L3 580'15'26 E -1.14 L21 N 48'1 43 E 599.47 i%!J/Jl 111j1r` X �4✓+ yh� �'Y� } }+++\+� \ \\\ \\`= KATHERINE G. + C4 55.00 116.48 95.89 S OSO5'33 W 121'1928 L4 S 854142 E 424.70 L22 N 66'0 45 E 628.42 +/F `'moi• \ \ \ \ ROCKWOOD,TRUSTEES INA + + ++ ++ ++ + CS 35.00 17.70 17.51 S 49'16 11 W 28'58 12' LS N 3334 16' E 59.18 L23 5 5507 39 E 21757 l //JJ / \ +' /a•' �'-� +/r ; + + t \. \� 1\\\ s +/ + +� \ \\\� 707149 M:_ + +- '+ ca 425.00 86.05 87.90 8 39'3024 W 11'5215 L6 N 573607 E 46.80 L24 N 755 55 E 348.48 /- + y ++ \ \\ + ++' C7 1809.00' 113.00 11298 N 7722 39 W 03'3445 L7 N 1705'40' E 68.48 L25 S 01'44 24 E 22.78 /_/ l_ �i��i/ / / + +f + /+ + + + + + t \ \\ 1\ \\ AaV 29 + + + + \+ k \+\+.�.++* + t �_�/�'�ia/i�/ ; y + ; ; + + /�- A4\ \ \ \ t[r zsa7 + C8 735.63' 118.11' 114.41 S 80'53.11 W 49'5335" lE N 51'3326" W 142.97 L26 530'3755 W 8-6637 ss _ f + h +J f +/ + + ,� + + + #QQ�\\ \\ \\ \\\x � ; +i\ * \�; `( \+ \k + t++; + C9 537.03 99.71 99.57 S 61'1533 W 10'3818 L9 S 68'2931 W 100.08 L27 N 88'1538 E �I / '- + i �. ++i + +/ + ; + \11 .\b\iL \� \\\v - 5'1, \\l•\+ �t++_F1 C70 505.18' 210.42 206.90 S 543844 W 2351 57 UO 5 19'1344 W 228.59 128 S 01'4424 E 1504.68 // / //� � + \, l I+ \#\•a\ \, \' * + �\ + ; + C71 111.49 70.69 89.51 S 605230 W 361938 L11 N 70'4616 W 90.00 129 N 854142 W 265.12 + \ \. i\ \+ �\\� L12 N 1741 1] W 316.74 L30 S 33'34 18 W 723.77 / ' + Y _ + + i + + + + 223.81 L31 5452831 W 28.73 ////j 3q./;�✓,(fi \`ir�v+ ; yZ/ti+ +� \\'A\* \ \\\ +i++ \+: \+ +\\�\�� L14 N3T4258 W 829.12 L32 5353418 W 228 //��/-3-F +}rte+(} + + 4 + + ;il-� ++LI'$+ + *� i. \`(\\\\1 \\\\\}I\ \\ 1 n\\\`-- + \+\ \\+�\+ TM #21-A-22 L75 N 6P2310 W 328.25 W3 5 253843 W 208.86/// f + ' + \ �\ x` \�\\ \ \+ RICHARD S. 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EXISTING R/W OF GLARE ORCHARD ROAD VA. RTE. 68�! IS 30' PRESCRIPTp1E+ // �/ // / \ \\ \ _ - \ / /� \\' \ \\ \ / / I I I I1: I / \y \\\\\\\\ \\ \\\\ ( ) @ 1 1 I ) I 11/l // ! ri/rp \ \\\ \ \ri/ \\ \ /1 I j \\\\ \\\\\\\\\\\\\\\\\\\\\\1 1 + + + + *+i.+' DEDICATION OF 25' FROM THE CENTERLINE OF THE EXISTING ROAD IS PROPOSED. I I t /// / //Jrri/i \��\\\ ' \\\\ 1 %��='l-_- _`\\ \\\ J �! 111111 ! \\\�\\\\\\�\�1\\\\\\\\\\\tl \ i++\+ S, +\++�++\,1 ++++ 4} + 2. PARENT TAX PARCEL N0. = 21-((A))-37 ZONE: RA 11 17]/�/J�J//� _ \ Jll \\\�\ \\\\\\1\\\ ` +\+ 1; u, + + CURRENT USE: AGRICULTURAL +�\ \�- _ 1 \l // / -_ �,\ \\ \� \_/ ///I l l \\\ \ Ill\\\\ \ \ \\\\\\\\\\ \I\ + 4 + + +\+ 711`\111(7/� ♦�\\\\ '1 �\ \\\\ 1\\\\\�\%"\N I l+ + ; + + + \ PROPOSED USE: RESIDENTIAL &AGRICULTURAL \ \ \�\\` / j ! / i \ \\\\�\ \\\\\\\\\\\\\�\\\`\\\\ ` ++P t I 1+1\ + 1 3. CONTOURSSHOWN HEREON ARE BASED ON TWO FOOT CONTOURS PROVIDED BY r�]�/(7 "\\\\\\\\\.11\�\\\��\�\,\\\\\��\i\�\\\\\ 'A+aI +1 MCKENZIESNYDER, INC. \ 1 \ �\\++\\\C\\�\ 1�\\1\\\ \1\\ \\1\I\ 1+ +1+, (\ '\\q\ 111 4. LOTS 1 THRU 11 WILL BE ASSIGNED NEW TAX PARCEL ID NUMBERS 21-8-1 +\\\,11\ \ I I \\ THRU 11. LOT 12 WILL RETAIN THE PARENT TAX PARCEL ID NO. 21-A-37. TM #21-A-36 . 5. PARENT TRACT (37) CANNOT BE FURTHER SUBDIVIDED PER SECTION 165-54D. CHARLES STUART ` t I j ! I Ii \\ `\� \\ 1+ 6. PROPOSED LANDSCAPING IS IN ACCORDANCE WITH SECTION 165-36A OF THE ZONING DE466/52(2 P - \A ORDINANCE.t�p%.TH Or ¢ 7. FLOOD ZONES SHOWN HEREON WERE DETERMINED BY GRAPHIC OVERLAY. SEE � It= /- RE.MA PANEL 510063-0075-B. ®' 8. 10' UTILITY & DRAINAGE EASEMENTS ARE TO BE CREATED ALONG ALL PROPERLY LINES. - _ MICHAEL M. ARTZ' AREA TABULATION: No. 1951 TOTAL AREA IN TAX PARCEL 21-((A))-37 = 55.6429 ACRES PER FIELD SURVEY EXHIBIT A" ALLOWED DENSITY (55.6429/5) = 11 LOTS PLUS 1 RURAL PRESERVATION LOT cc PROPOSED DENSITY = it LOTS PLUS 1 RURAL PRESERVATION LOTd RURAL PRESERVATION 40% PARENT PARCEL = (55.6429 X 0.40) = 22.2571 ACRES REQUIRED A'1' SURNF'y 22.2571 ACRES PROPOSED (40%) eT DATE DEs /1� GAINESBORO DISTRICT OWNER -DEVELOPER REVISIONS 6 zz os DRN ,,,," D An � � . U � �� l� � � � U /�11 � 1�- � - :DAVID A. d LINDA W. HICKS m FREDERICK COUNTY, TM# 21-A-37 Revised Lot La oul Per Owner AUGUST 8, I" =loo' VIRGINIA INST.# 050005037 Revised Lot Loyout per Owner 12/22/O5 CNI< 2005 • C_: COUNTY of F REDS IXX Department of Planning and DeveiepmQnt MEMORANDUM 540/665-5651 FAX: 540/665-6395 TO: Frederick County Planning Commission FROM: Eric R. Lawrence, AICP, Planning Director'" SUBJECT: Amending the Planning Commission's Bylaws DATE: February 28, 2006 Article IX Amendments of the Frederick County Planning Commission Bylaws states that the "bylaws may be amended by a majority vote of the entire voting membership after thirty days prior notice." The ad-hoc bylaws review committee suggests that we begin the review by changing the process by which the bylaws may be amended. As such, we will be utilizing the March 15, 2006 meeting to notify the Commission of the intent to modify Article IX after a 30 day period. The proposed amendments are included below. No action by the Commission is necessary at this time. ARTICLE IX — PROPOSED AMENDMENTS 9-1 These bylaws may be amended by a majority vote of the entire voting membership after thirty days prior notice at any time during the calendar year. 9-2 Planning Commission shall conduct an annual review of these bylaws in November of each calendar year to ensure their accuracy. All fnendm nts— tothese - bylaws sh shall be considered— y the Plannin,,- �7 7 b C6w.missioni-iii'- i�c6�cLett bet! oof each —eaten year. The Planning Commission shall adopt their -bylaws duringthe first meeting of each calendar 9-3 At the first meeting of the calendar year the By -Laws will be adopted. ERL/bad 107 North rent Street, Suite 202 . Winchester, Virginia 22601-5000 C� J COUNTY of FREDERICK Department of Planning and Development MEMORANDUM 540/665-5651 FAX: 540/665-6395 TO: Frederick County Planning Commission FROM: Eric R. Lawrence, AICP, Planning Director--, SUBJECT: 2006 Planning Project Prioritization DATE: March 3, 2006 Each year, the Planning Commission and the Board of Supervisors are provided the opportunity to participate in the prioritization of the Planning Department's planning projects for the ensuing year. Staff presented the preliminary project list to the Commission and Board during the annual Retreat, and sought input on the prioritization. Attached are the results of the prioritization effort to date. Staff will be available to discuss these results during the Planning Commission's meeting on March 15, 2005. The Department's work program for 2006, as well as the Retreat summary, is attached as information. The retreat summary contains a list of questions and goals that were voiced at the retreat. Staff will strive to address these issues throughout the years' planning studies and efforts. "Thank you. Attachments: Planning Project Prioritization 2006 Work Program 2006 Retreat Summary ERL/bad 107 North Dent Street., Suite 202 - Winchester, Virginia 22601-5000 2006 Department of Planning and Development LONG RANGE PROJECTS Rank Project Title 1 Comprehensive review of the County's Comprehensive Policy Plan. 2 (on -Going Effort) Develop a long range transportation plan which complements the regional effort made by the Metropolitan Planning Organization. 3 (On -Going Effort) Institute a study for the development of a land use plan for the Route 522 / Route 277 "triangle." 4 (On -Going Effort) Conduct an analysis of the Urban Development Area and develop strategies and policies which guide boundary adjustments. 5 Develop Corridor Land Use Plans to enhance gateways into the community. 6 (On -Going Effort) Develop a review and recommendation process for public projects to ensure compliance with section 15.2- 2232 of the Code of Virginia. 7 Develop Small Area Plans for the Rural Community Centers 8 (On -Going Effort) Expand opportunities for citizens to access various departmental information through the county's webpage. 9 (On -Going Effort) Assist in improvements to the county's Geographic Information System database to allow for enhanced analytical capabilities. 10 Develop an on-line process for the review and completion of various development applications. I Continue efforts to implement the Winchester -Frederick County Battlefield Network Plan through the development of grant applications and assistance in plan preparation. ? Round Hill and Brucetown Small Area Land Use Plan 2006 Department of Planning and Development CURRENT PLANNING PROJECTS Rank Project Title 1 Complete a comprehensive review and revision of Chapter 165- Zoning Ordinance of the Frederick County Code. 2 Complete a comprehensive review and revision of Chapter 144 - Subdivision Ordinance of the Frederick County Code. 3 Develop and Maintain Traffic Shed Analysis 4 Develop an objective rating system for the prioritization of major secondary road improvement projects within Frederick County. 5 Maintain Residential Growth Tracking Report 6 Review development design standards for commercial corridors within the county, primarily those leading into the City of Winchester. 7 Development Ordinance Amendments to implement Long Range Planning projects 8 Review Planning Department application packages and procedures to ensure that current standards and policies are adhered to. 9 Develop a process and standards for the implementation of proportional site development improvements. ? Develop ordinance for maximum occupancy load for residential dwellings ? Relocation of Stephens City exit. Department of Planning and Development 2006-2007 Work Program MISSION STATEMENT: The mission of the Frederick County Department of Planning and Development is to lead in the development of policies and procedures pertaining to all aspects of community growth and development, as well as administer existing policies and procedures fairly and accurately. VISION STATEMENT: The Frederick County Department of Planning and Development will achieve the Mission Statement through the monitoring of various local, state and national growth trends and issues to ascertain appropriate policies, regulations and procedures. The department will utilize this information to establish and maintain a process which will positively influence the type, quality and location of development to produce a livable community that is well balanced. The department will educate and advise elected and appointed officials of this information to allow for informed and consistent decision making. CORE VALUES: The Director of the Frederick County Department of Planning and Development will strive to ensure that all employees of the department recognize the following core values: • Professionalism in all interaction with elected and appointed officials and the general public. • Desire to improve upon current skills and education to benefit the employee, the department and the community. • Work as a team player within the department and with other county departments and agencies. • Approach county and departmental issues in a positive, solution oriented manner. • Provide quality customer service and strive to establish rapport with the general public. • Professionalism in appearance, dress and personal hygiene. Dept. of Planning & Development 2006-2007 Work Program Page 1 Department Description Current staff within the Planning Department includes the Director, Deputy Director, the Zoning Administrator, six professional planners, a Geographic Information System Analyst, an Administrative Assistant, two supporting clerical staff and a receptionist. The daily activities of the Planning Department involve a great deal of administrative work. Codes and ordinances pertaining to land use and development are administered and problem - solving assistance is provided to developers, landowners, and the general public. Daily activities include responding to numerous inquiries, review of development proposals, land use applications and building permits, preparation of various agenda materials, and the investigation of ordinance violations. In addition to the daily activities identified above, the Planning Department administers long- range planning projects and current planning projects. Examples of these projects include the formulation of land use policies; the development of land use plans; the establishment of transportation plans; the review of ordinance standards; and the drafting of grant applications. These projects are undertaken by staff with the assistance of various County committees, and generally require substantial coordination with other County departments, regional jurisdictions, and various state agencies. Dept. of Planning & Development 2006-2007 Work Program Page 2 I. 2006-2007 Goals, Objectives and Strategies GOAL: To maintain and improve our planning process in order to manage growth and development in Frederick County. Objective: Maintain an up-to-date Comprehensive Plan that is responsive to changing situations and current needs. Strategies Modify the Comprehensive Policy Plan format and review process. The County has traditionally reviewed the Plan on an annual basis. In order to continue in this tradition but reduce reproduction costs, the Plan has been reformatted and placed in a binder so that only those portions being updated would need to be reprinted. The Department will continue to explore options that improve the presentation of the Comprehensive Policy Plan while minimizing its production costs. Rural Area Study and Policy Development. The Planning Department targets to complete this project during 2006 unless a project of higher priority is assigned by the Board of Supervisors. This will be an effort to identify needed changes in policies and regulations in order to maintain the desired character of these areas. Build -out analysis of the UDA. This effort was aimed at determining when, if, and how the UDA should be expanded. The study has migrated to include New Urbanism design principles in an effort to create identities for the various areas of the county which are experiencing residential development. The project was ranked I" out of 10 long-range planning projects evaluated at the 2005 Planning Commission Retreat. Recommended areas for expansion of the UDA may result based on recommendations of the Rural Area Study. Institute a studv for the development of a land use elan for the Route 522 / Route 277 "triangle". This effort would be aimed at determining what land uses and transportation improvements are preferred to occur within this small area of the County. This project was ranked 2nd out of 10 long-range planning projects evaluated at the 2005 Planning Commission Retreat. As appropriate, this study will be integrated into the UDA study identified as the top long-range planning project for 2005. Dept. of Planning & Development 2006-2007 Work Program Page 3 Objective: Develop and maintain a computerized information system in order to better monitor development and aid in the collection, dissemination and analysis of information to support planning decisions. Strategies Assist in the effort to promote the use and expansion of the county's GIS. The Planning Department will continue to assist the GIS Department in developing the GIS through improving the accessibility of information to departmental databases. The Planning Department continues to become proficient in GIS technologies to allow for the GIS Department to spend more time on map conversion, updating and acquiring additional digital information, general system maintenance, and filling work orders from the department. Continue efforts to expand and improve the departmental web page. The Planning Department will continue to develop and expand the Planning Department Page for the County Web Site in 2006. The Planning Department will provide planning documents, meeting agendas, special land use study updates, and other related information for use on this site. Dept. of Planning & Development 2006-2007 Work Program Page 4 Objective: Prepare coordinated plans for community facilities. Strategies Annual update of the five-year Capital Improvements Plan (CIP) for major capital facilities. Continue efforts to improve the quality and accuracy of information provided. Search for new ways to achieve increased coordination and cooperation between various County departments and agencies in planning for capital facilities. Expedite and coordinate the design review of major development projects Investigate methods for improved communication and coordination with County agencies, such as the school system and the Sanitation Authority in planning and locating new facilities. Enhance the capital facilities review process to simplify adherence with the requirements of Section 15.2- 2232 of the State Code. GOAL: To initiate actions to put planning policies into effect. Objective: Maintain up-to-date development regulations which are effective in achieving their intended result. Strategies Continue to review and evaluate the effectiveness of development regulations. A comprehensive revision to the Subdivision Ordinance is an identified need which received a ranking of 1 st out of eight current planning projects. Staff will parallel the efforts made to establish the Rural Area Study and Policy Development by developing applicable regulatory provisions to the Zoning Ordinance and the Subdivision Ordinance. Work with the Development Review and Regulations Subcommittee to create specific amendments in response to concerns raised by citizens, appointed and elected officials, or staff members. Objective: Maintain and improve plans for roads in the County. Strategies Update the Secondary and the Primary and Interstate Road Improvement Plans. Work with the Win -Fred Metropolitan Planning Organization, Transportation Committee and the Virginia Department of Transportation to maintain up-to-date plans for needed road improvements. Dept. of Planning & Development 2006-2007 Work Program Page 5 Objective: Continue to develop and implement methods to preserve key historic sites that will assist with the promotion of tourism. Strategies Implement the Battlefield Action Plan concentrating on preservation methods that emphasize cooperative efforts with landowners. Objective: Ensure that new development adequately provides for the cost of new infrastructure. Strategy Continue to develop and refine impact analysis techniques in order to accurately project the financial impacts of new development on infrastructure. Use conditional zoning and explore other means of addressing these impacts. Monitor state-wide efforts to implement enabling legislation aimed at paying forrg, owth. GOAL To solve problems concerning land use and development. Objective: Address land use and development problems when they arise. Strategy Continue to train less experienced planning staff members to creatively address problems. Strive to improve staff performance, judgment, and customer relations. Work on improved lines of communication with the community stakeholders and appointed and elected officials in order to keep abreast of concerns. GOAL To provide information and advice to the Board of Supervisors, Planning Commission, County Administrator, public agencies, developers, citizens of the County, and the general public. Dept. of Planning & Development 2006-2007 Work Program Page 6 Objective: Keep the Board, the Commission, and the County Administrator well- informed of activities within the department of which they may receive inquiries. Strategy Hold regular work sessions between the Commission and Board in order to keep all parties well-informed of ongoing activities and to receive direction. Objective: Improve the quality and presentation of information provided. Strategy Use the Geographic Information S sy tem and other available computer systems and models to provide more useful and complete information in a format that is easy to comprehend. Expand on use of computer projection equipment in order to better display and explain land use application information and other agenda items. GOAL To provide user --friendly customer service. Objective: Meet the needs of citizens and other clients with information presented in a polite and helpful manner. Strategy Maintain an atmosphere and philosophy which emphasizes customer service. Continue to expand on the idea of a department web page Develop additional services and information which can be made available over the Internet. These services should include planning documents, meeting agendas, and other relevant Planning Department products, as well as enable the completion of on-line development application submittals. Dept. of Plarming & Development 2006-2007 Work Program Page 7 GOAL To provide opportunities for public involvement and education in the planning process. Objective: Involve the public early in planning and policy development. Don't wait until policies are developed to involve the public. Strategy Hold public events and fully involve the public in the discussion of issues. Provide clear and accurate information on issues to the public. Document and utilize the input received. Continue to participate in the Governments 12 Service Learning Program with the school system in order to expose students to the concepts of local government and planning. Also, explore other means of interacting with the school system. Dept. of Planning & Development 2006=-2007 Work Program Page 8 II. 2006-2007 WORK PROGRAM A. ADMINISTRATION - Administrative tasks will include the following: 1. Violations and Complaints - Formal complaints received concerning ordinance violations will be addressed in a timely and appropriate fashion based on the specifics of the occurrence. 2. Requests for Information - Requests will be responded to in a timely fashion to ensure conformance with the County -adopted FOI Policy. 3. Support Boards, Commission, and Committees - Issues will be thoroughly researched, recommendations on alternative approaches to addressing issues will be developed, and supporting information materials generated for an average of eight agendas per month. 4. Improved Customer Service - The staff will strive to develop new procedures and methods which result in faster turnaround of information requests, land use applications, and overall improved customer service. 5. Coordination with Agencies - The staff will continue to coordinate policy formulation, project development, and decision-making with federal, state, regional, and local agencies. 6. Record Keeping and Administrative Improvements - The staff will continue to work on improvements to record keeping and administrative procedures in an effort to improve overall office efficiency. 7. Capital Facilities Impact Model - The staff will continue the process of annual review and update to insure that the model remains current. 8. Grant Administration - The staff will continue to provide administrative oversight and management of Transportation Efficiency Act Grants (TEA -21); American Battlefield Protection Program Grants (ABPP); and Revenue Sharing Program Grants as they are approved for various projects. Dept. of Planning & Development 2006-2007 Work Program Page 9 B. DEVELOPMENT REVIEW - The overall number of development applications in calendar year 2005 remained high. The number of rezonings, conditional use permits, and subdivision design plans processed increased from the previous year; however activities associated with master development plans, site plans, and waivers decreased slightly. Staff will continue to review these applications and will work to improve review procedures as time permits. The table below identifies activities associated with the various applications over the past two calendar years. Development Application Activity Application Name 2005 Activity 2004 Activity Rezonings 17 14 Master Development Plans 11 12 Site Development Plans 93 72 Conditional Use Permits 10 25 Variances 28 9 Waivers & Exemptions 7 2 RP Subdivision Design Plans 36 25 RA Subdivision Design Plans 31 24 Violations 150 116 C. COMPREHENSIVE PLANNING - The Comprehensive Plans and Programs Subcommittee (CPPS) will prepare the annual update of the Comprehensive Policy Plan and Capital Improvements Plan. Comprehensive planning work items will be as follows: 1. Conclude the Evaluation of Rural Growth and Land Use Patterns - An analysis of current trends and issues associated with development within the Rural Areas Zoning District will be completed. This effort will include a process for public involvement and input and ultimately, will result in developing strategies, policies, and land use regulations which protect the rural character of the county and sustain agricultural land use. Dept. of Planning & Development 2006-2007 Work Program Page 10 2. Evaluation of growth and development within the UDA and SWSA - An analysis of County growth rates in comparison to the amount of land available within our service areas will be performed in an effort to determine how long before the areas reach capacity and what alternatives are available once that capacity has been reached. 3. Evaluation of land use policies applicable to the "Triangle." - A small area analysis of the portion of the County bounded by Fairfax Pike (Rt. 277) to the south, White Oak Road (Rt. 636) to the west, and Front Royal Pike (Rt. 522) to the east. 4. Eastern Road Plan - The Eastern Road Plan will be reviewed and revised to incorporate various components of the MPO -adopted road plan. Work towards implementing the ERP through developer and County efforts. 5. Comprehensive Plan Requests - Each year, requests are received to make certain revisions to the Plan. Such requests will be reviewed by the Comprehensive Plans and Programs Subcommittee (CPPS). D. ORDINANCE REVIEW - In addition to routine requests, activities of the Development Review and Regulations Subcommittee (DRRS) will include the following: 1. Zoning and Subdivision Ordinance Review - The Comprehensive Plan describes a need to monitor the effectiveness of the development regulations on an annual basis. There is an increasingly urgent need to do a comprehensive review of the Subdivision Ordinance and the Zoning Ordinances. Some of the issues that will require the development of new regulatory provisions include: Rural Area development regulations Residential recreational amenities in the UDA Design standards for commercial corridors 2. Development Review - The Subcommittee will review specific development issues in relation to particular developments as needed. E. TRANSPORTATION - Transportation planning work will include the following: 1. Transportation Planning —Evaluate and identify the right-of-way requirements for proposed Eastern Route 37 and the relocation of I-81 Exit 307. 2. Area Transportation Planning - Efforts will continue on implementing the road improvement plans that result from the NIlVO 2030 Transportation Plan. Special efforts will be made to ensure that the Eastern Road Plan is effective and up-to-date. There will be a need to continually work with the Virginia Department of Transportation to ensure that improvement projects are funded and implemented in a timely fashion. Dept. of Planning & Development 2006-2007 Work Program Page 11 3. Transportation Committee - Routine, annual work will continue with this committee of the Board of Supervisors including the primary and secondary road improvement plans. 4. TEA -21 Grant Applications - The staff will continue to apply for funding and administer the projects implemented under the TEA -21 programs for as long as those programs last. S. Prioritize Major Road Improvements - Staff will perform a review of major road projects within the Secondary Road Improvements Plan to ensure that funding for improvements reflects local priorities. 6. Interstate 81 Widening - Staff will continue to monitor the Interstate 81 improvement project and advise decision makers of local impacts resulting from this design. F. MAPPING and GRAPHICS - A major effort continues on implementing the County's Geographic Information System (GIS) Plan. 1. Improve Mapping Database - Staff will work to improve the mapping database to create a more efficient, useable and reliable data source for Planning related layers. Map conversion, acquisition of additional layers of information, user applications, and efforts to improve overall mapping and communication capabilities will continue. 2. GIS Steering Committee and Users Group - Staff will continue to actively participate as a member of the GIS Steering Committee. All planners on staff will participate in GIS User Groups to learn various software applications necessary to be proficient in GIS technologies. 3. Development of a County Web Page - Staff will continue efforts to develop a departmental web page which provides user-friendly information that is accessible over the Internet. G. HISTORIC PRESERVATION 1. Historic Resources Advisory Board - Staff will provide support to the Historic Resources Advisory Board (HRAB). The H AB will take the lead role in the following efforts: • Ensure that historic survey and other information is available to decision makers, property owners, and the public in a useful form. • Increase public awareness of the historic resources in the County. • Ensure that proper emphasis is given to historic values in the development review process. • Review development proposals. Dept. of Planning & Development 2006-2007 Work Program Page 12 • Continue the site recognition and plaque program. • Develop incentives to property owners for historic preservation. 2. Other Battlefield Issues - The staff will work to support the local and regional battlefield preservation efforts as described by the Battlefield Network Plan and the Comprehensive Policy Plan. H. ENVIRONMENTAL PLANNING - The staff will continue to monitor activity associated with the Potomac Basin Tributary Strategies Act and keep County officials informed of any significant developments. The staff will also work with various agencies on environmental issues such as flood plain management. I. OTHER 1. Improved Customer Service - Staff will continue to look for ways to improve public satisfaction with land use applications, review processes, and general information inquiries. 2. Citizen Involvement and Education - Staff will continue to work with government classes and other student groups to increase awareness of the planning process and local government activities. Staff will strive to develop new formats for public meetings which result in increased participation and a better means of sharing information. Dept. of Planning & DeveIopment 2006-2007 Work Program Page 13 III. 2006-2007 Work Program Summary WORKPROGRAM ITEM: STATUS: A. Administration Violations and Complaints Ongoing Requests for Information Ongoing Agendas, Minutes, Budgets, Reports, Correspondence Ongoing Record Keeping Improvements Ongoing Impact Modeling Ongoing B. Geographic Information System Mapping Ongoing Geographic Information System Database Development Ongoing Web Page Development Ongoing C. Development Review Review of Plans and Proposals Ongoing Evaluation of Review Procedures Ongoing Ordinance Review Ongoing D. Comprehensive Plannin Development of Rural Area Policies Ongoing Review of Comprehensive Plan Ongoing CIP Assessment and Projections Ongoing Eastern Road Plan and MPO 2030 Plan Ongoing Urban Development Area Review Ongoing Dept. of Planning & Development 2006-2007 Work Program Page 14 E. Transportation Planning MPO Area Transportation Planning Ongoing Transportation Committee Ongoing Interstate 81 Monitoring Ongoing MPO Implementation Ongoing Warrior Road — Tasker Road to Fairfax Pike Completed Primary and Secondary Road Plan Development Ongoing F. Historic Preservation HRAB Ongoing Battlefield Plan Implementation Ongoing Historic Area (HA) Overlay District Design Standards Ongoing G. Environmental Planning Ongoing H. Other Capital Improvements Plan Ongoing Citizen Participation and Education Ongoing Dept. of Planning & Development 2006-2007 Work Program Page 15 Department of Planning and Development, STAFF RESPONSIBILITIES 2006-2007 ✓ indicates staff.position with'lead role WIndicates staff position with'assistant.lead role:' TASK DIR. DEP. DIR. ZON. ADMN SEN. PLN TRANS PLN PLN II PLN I PLN ZON GIS ADM. SECT SECT OFF Tech Insp ANLST ASST. II I ASST II Operations w. Department V X X Management Improved Plan X X XX X X X X X X X X Review Process General Inquiries X X X X X X X X X X X X X X Public Assistance X X X X X X X X X X X X X X Record Keeping; X X X XX X X X X X ✓ X X X Improvements Database X X ✓ X X ✓ X Management General Correspondence: X X X XX X X X X X X ✓ X X Minutes ✓ �t e ndation1: X X X X X X X X X X X ✓ �c X P —1— Department of Planning and Development - STAFF RESPONSIBILITIES 2006-2007 Indicates staff position with lead role *_Indicates staff position with assistant lead role TASK DIR. DEP. ZON. SEN. TRANS PLN PLN PLN ZON GIS ADM. SECT SECT OFF DIR. ADMN PLN PLN II I Tech Insp ANLST ASST. II I ASST II Administrative :. Ordinance X X ✓ XX X X X X X X X X Administration Violations ✓ X sic X X X Subdivision ✓ X X X X X X Review and Admin. Building Permit, l `/ X X Business License Review TEA -21 Grants X X X✓ X sic X X X X X X X MPO X X X X ✓ X Implementation Route 37 X X X ✓ X X Oversight -2- Department. of Planning and Development- STAFF: RESPONSIBILITIES ✓-Indicates Stiff position.with.leadrole �k Indicates staff position with assistant-lead role TASK DIR. DEP. ZON. SEN. TRANS PLN PLN PLN ZON GIsADM. SECT SECT OFF DIR. ADMN PLN PLN II I Tech Insp ANLST ASST. II 1 ASST II A ..lications - CUP Review and X X ✓ X X X X X X Processing Master Plan X X 1/ X X X X X X Review/ X Processing Site Plan Review X X ✓ X X X X X X and Processing Rezoning Review X ✓ X XX X X X X and Processing Variance Review ✓ X X X X X X and Processing Department of Planning'arid:Development STAFF RESPONSIBILITIES 2006-2007 Indicates staff position with.lead role Indicates staffposition with assistant lead -role TASK DIR. DEP, ZON. SEN. TRANS PLN PLN PLN ZON GIs ADM. SECT SECT OFF DIR. ADMN PLN PLN II I Tech Insp ANLST ASST. II I ASST II :.Committee' an ; . ... Board Staffing ., . Comp. Plans and x x x x x x Programs Transportation x x x v x x x x Develop. Review x x X x X Board of Zoning x x x x Appeals Historic x x d x x x Resources Advisory Board Ag and Forest x District Conservation Easement Authority —4— Department. of Planning and Development STAFF RESPONSIBILITIES . 2006-2007 Indicates staff position with lead role - . �k Indicates staff position with 'assistant lead role TASK DIR. DEP. ZON. SEN. TRANS PLN PLN PLN ZON GIS ADM. SECT SECT OFF DIR. ADMN PLN PLN II I Tech InsP ANLST ASST. II I ASST II .Planning Pro'ects ` Rural Community X X X X X X Center Plans Land Use Plans X f/c X X X X X Environ. Plug. X ✓ X X Battlefield x X `/ X X Projects Neighborhood X ✓ X X X X X X Planning Housing Issues X X X X X EDC Support X V X *T X X X X X -5- Department of Planning and. Development STAFF RESPONSIBILITIES .2006-2007 Indicates staff position with lead role �k Indicates -staff position with"assistant lead role TASK DIR. DEP. ZON. SEN. TRANS PLN PLN PLN ZON GIs ADM. SECT SECT OFF DIR. ADMN PLN PLN II I Tech Insp ANLST ASST. II I ASST II Annual Projects Eastern Road Plan X X X ✓ �k X Update Annual Report X X X X X X ✓ X X X X X X CIP Update X X ✓ X X X X Zoning Ordinance X ✓ X X X X X X Review and Update Comp. Plan X ✓ X X X X X X X X X Update Dev Impact Model X X Technology :Update GIS X X X X X X X X X ✓ Web Page ! X X X X X X X X ✓ X Presentations Mapping X X X X X X X X ✓ X X I 2006 PC Retreat Summary Presentation 1: 2005 Annual Report The Frederick County Annual Report is prepared each year for the Frederick County Planning Commission, Board of Supervisors, and citizens. The purpose of the report is to evaluate past and present planning activities and to aid in comprehensive planning and development for the up coming year. The 2005 Planning Commission Retreat began with a presentation of this report. No questions were raised at this time. Presentation 2: Status Report on the Urban Development Area (UDA) Policy Study Effort No questions were raised at this time. Presentation 3: Innovative Planning that Illustrate Urban Villages Concepts Issues raised during the discussion: Comprehensive Plan should include a more detailed Road Plan to offer more guidance to developers. Roads should be built to serve the development that the County wants. • What is VDOT's position on private streets and alley ways development? m VDOT has become more flexible with road design, but does this address fire and rescue needs. ® In many age -restricted communities, the roads are privately controlled. How will senior citizens maintain the roads? o Are there any statistics that would show an advantage or disadvantage for a community to adopt a dense mixed-use planning tool? ® If the County wishes to go forward with a mixed-use village concept, will the County's Comprehensive Plan be amended to reflect the new transportation needs? Are there any examples of urban renewal available from other municipalities that show that a whole new transportation network had to be redone? * Would there be any legal or political repercussions if the County were to conduct a "what -if' exercise with currently approved projects. ® Is it a difficult task to ask developers to adhere to the County's new urban plans? Presentation 4: UDA boundaries and Potential Locations for Urban Villages Issued raised during discussion: • Who should take the lead to move this forward? The longer we wait, the more opportunities we miss. a Should a proffer model be built based on residential? What guarantees can the County receive to get the commercial component built? Presentation 5: Planning for Commercial and Industrial Tax Base Issues raised during the discussion: • What involvement with small business and land designated in the mixed -areas would the CDC have? • Developers currently working in Frederick County are not prepared to do commercial marketing for smaller areas. This County historically has not been a regional draw for commercial. • There is a concern that not enough land has been earmarked Industrial for the County's future needs. • Are larger areas identified commercial/industrial create a better focal point? • Shrinking the approval time for a rezoning seems difficult. A way must be found to work with the private sector. Presentation 5: Open Discussion and Work Program Priorities Issues raised during the discussion: • Do we owe the public to inform them that the County is seeking to right -size the UDA? A list of criteria should be established first to expand the UDA for worthwhile projects. • Applications should spell out spell out the criteria and the possibilities of success based on meeting certain needs. • The window of opportunity to establish an access corridor of the relocated exit -307 through Southern Hills will be closing soon. The County should make this a top priority study with the Transportation Committee. • The County should begin addressing issue of occupancy limits per residential unit before it grows out of hand. • An informational session should be held prior to major rezoning hearings. • Have the CPPS begin a study of the Rural Community Centers. a A comprehensive revision to the Zoning Ordinance needs to be looked at to possibly remove the numerous overlay districts. U IPC RE7REA712006 PC RetreatWeeting noteslRetreat Summary.doc l COUNTY of FPVVEDERICK Department of Planning and DevelapnLent 540/665-=651 FAX: 540/665-o395 MEMORANDUM TO: Frederick County Planning Commission FROM: Candice E. Perkins, Planner II'", , )F DATE: March 1, 2006 RE: Discussion — McClung -Logan Site Plan (Stonewall Industrial Park) At the March 15, 2005 Planning Commission meeting, staff will present the site plan for the McClung - Logan site to the Planning Commission for review. This site plan is being presented to the Planning Commission due to its implications on the planned route for Route 37. The site is located in the Stonewall Industrial Park in the Stonewall Magisterial District. The plans for Stonewall Industrial Park do not accommodate the Route 37 right-of-way. The property is located on Kentmere Court and is in the path of Route 37. In an effort to keep the Planning Commission and Board of Supervisors apprised of the Route 37 right-of-way, site plans and subdivisions that impact the right-of-way will be presented to the Planning Commission and Board of Supervisors for their review. On December 13, 2005 staff met with the applicant and the engineer to discuss the location of the buildings and uses on the site in reference to the location of Route 37 on the property to determine of anything could be shifted to lessen the impacts to the planned right-of-way. At that meeting, the engineer and applicant stated that they could not shift anything on the site. A full-sized copy of sheet 4 from the site plan has been included in your agenda, along with maps that show the planned route for Route 37 in regards to the location of this property. Action on the site plan is not required; this site plan is being brought for informational purposes only. Comments and suggestions are appropriate and will be forwarded to the Board of Supervisors at their April 12, 2005 meeting. Please contact me if you if you need any additional information. A representative from Triad Engineering, Inc. will be present at the meeting. 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