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PC 02-19-03 Meeting AgendaAGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia FEBRUARY 19, 2003 7:00 P.M. CALL TO ORDER TAB 1) Committee Reports ................................................. (no tab) 2) Citizen Comments .................................................. (no tab) PUBLIC HEARING 3) Rezoning #04-03 of Ronald and Velma Simkhovitch, submitted byArtz & Associates, PLC, to rezone 6.37 acres from B3 (Industrial Transition) to B2 (Business General). This property is located at the intersection of Martinsburg Pike (Route 11) and Park Center Drive (Route 1323) and is identified with Property Identification Number 54A -1-A in the Stonewall Magisterial District. (Mr. Camp) .......................................................... (A) DISCUSSION ITEMS 4) Proposed Amendment to the Frederick County Zoning Ordinance, Article VIII, Section 165-77 B (2)(d), Existing Lots, which addresses the ability to reduce yard setbacks in the R5 District. (Mr. Camp) ........................................................... (B) 5) Proposed Amendment to the Frederick County Zoning Ordinance to add SIC 83 - Social Services, excluding SIC 836, Residential Care, to the list of allowed uses for the B2 (Business, General) Zoning District. (Mr. Camp) .......................................................... (C) 6) Other REZONING APPLICATION #04-03 RONALD AND VELMA SIMKHOVITCH Staff Report for the Planning Commission Meeting Prepared: February 3, 2003 Staff Contact: Jeremy F. Camp, Planner II 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. As this application proceeds through the legislative review process, the methods) of resolution for each issue proposed by the applicants) and/or recommended by the Planning Commission or Board of Supervisors will be stated in the text of this report. Reviewed Action Planning Commission: 02/19/03 Pending Board of Supervisors: 03/12/03 Pending PROPOSAL: To rezone 6.37 acres from B3 (Industrial Transition) to B2 (Business General). LOCATION: The property is located at the intersection of Martinsburg Pike (Route 11) and Park Centre Drive (Route 1323). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 54A -1-A PROPERTY ZONING & PRESENT USE: Zoned: B3 (Industrial Transition) District ADJOINING PROPERTY ZONING & PRESENT USE: North: Zoned M2 (General Industrial) District South: Zoned B3 (Industrial Transition) District East: Zoned M1 (Light Industrial) District West: Zoned M 1 (Light Industrial) District Zoned RP (Residential Performance) District PROPOSED USE: Retail/General Office Use: Vacant Use: Auto Sales & Salvage Use: Lumber Sales Use: Manufacturing Use: Equipment Sales Use: Residential RF.Z #04-03, Ronald & Velma Simkhovitch Property Page 2 February 3, 2003 REVIEW EVALUATIONS: Virginia Dept. of Transportation: Please see attached letter dated 01/16/03 from Ben Lineberry, Jr. P.E., Transportation Assistant Resident Engineer. Fire Marshal: Property is vacant and cleared which provides access. Extension of municipal water lines to provide fire protection for construction projects on site shall meet the requirements of Frederick County Code. Frederick -Winchester Serve Authority: No comments. County Engineer: We offer no comments at this time. A comprehensive review of the site will occur at the time of site plan submission. Sanitation Authority: No comment. Historic Resources Advisory Board: Please see attached letter from Rebecca Ragsdale, Planner I, dated 08/27/02. County Attorney: Proffers appear to be in proper form. City of Winchester: No comments. Planning & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Winchester City Quadrangle) depicts the zoning for the property which comprises the proposed rezoning as B2 (Business General). The Frederick County Zoning Map, retired June 1, 1987, indicates that the zoning of the parcel was changed to B3 (Business General) District. The current zoning of the property is B3. 2) Location The subject parcel is located on Martinsburg Pike (Route 11), on the southeast corner of the Martinsburg Pike (Route 11) and Park Centre Drive (Route 1323) intersection. According to the Virginia Department of Transportation's (VDOT) Functional Classification Map, found in the Comprehensive Policy Plan (page # 7-9), Martinsburg Pike (Route 11) is classified as a major collector road. Park Centre Drive (Route 1323), which provides access to Fort Collier Industrial Park, is classified as a local road. The property is surrounded by a mixture of industrial uses, with the exception of the residential uses which are located to the southwest of the property. REZ #04-03, Ronald & Velma Simkhovitch Property Page 3 February 3, 2003 3) Comprehensive Policy Plan The subject property is not in an area where a small area land use study has been adopted by the County. Nevertheless, the proposal to downzone 6.37 acres from the B3 Zoning District to the B2 Zoning District is consistent with many of the land use objectives found in the Frederick County Comprehensive Policy Plan. The property is located within the Urban Development Area (UDA) and the Sewer & Water Service Area (SWSA), and has access to a major collector road. The area located within the Interstate 81/Route 37 loop is generally recognized as an important industrial corridor by the Frederick County Comprehensive Policy Plan. Commercial uses are located to the north around the interstate exit, and near Stine Lane to the south. The Comprehensive Policy Plan specifies that development within a business corridor should implement quality design standards. These design standards may include screening the development from incompatible uses; enhancing the landscaping of the development for aesthetical purposes; and improving signage to enrich the character and increase property values. These types of design standards have been recently implemented in the review process of several other rezonings located along the Route 11 North corridor. In these cases, additional landscaping has been provided along Route 11 North and signage has been limited in number, height, size and style. The Frederick County Primary Road Improvement Plan identifies the portion of Martinsburg Pike, which adjoins the subject parcels, as a road for future improvement. The general plan identified in this document is to create an urban four -lane road system from the northern limits of Winchester to the intersection of Old Charles Town Road (Route 761). In addition, the Frederick County Comprehensive Policy Plan identifies Martinsburg Pike (Route 11) as a road designated for a future bicycle path. 4) Site Suitability No flood plains, lakes or ponds, wetlands, sinkholes, prime agricultural soils, steep slopes, or woodlands have been identified on the site. The Frederick County Soil Survey indicates that the primary soil type in the area of the subject parcels is Frederick-Poplimento loams, 2-7% slopes (1413). The limitations for development on this type of soil may include the soils shrinking and swelling effect, the clay subsoil, low strength, lack of permeability, and slope. None of these factors appear to be of major concern with the proposed development. The site exists within the Limestone/Carbonate Aquifers geologic area of the County. REZ 404-03, Ronald & Velma Simkhovitch Property Page 4 February 3, 2003 5) Intended Use The applicant has stated that the owner is seeking more flexibility in providing a variety of business, office and service uses. Through discussion, the applicant informed staff that the owner may develop a commercial plaza and a site for motor vehicle sales. 6) Potential Impacts. a) Transportation The applicant's Impact Analysis Statement calculates a maximum traffic impact of 3,408 vehicle trips per day (VPD) if the property is developed with the B2 zoning classification. This calculation is based on the maximum building structures of 100,000 square feet which is a proffered condition of the rezoning application. Based on the maximum potential building structures of 120,000 square feet, the current zoning of the property could produce an increase in traffic of 3,832 VPD. Planning -Staff Comment: The 2000 Virginia D partment of Transportation Daily Trak Volumes Jurisdiction Report 34 indicates that the Annual Average Daily Traffic for the portion of Martinsburg Pike (Route 11) adjoining the site of the proposed rezoning is 11, 000. An additional 3,408 vehicle trips per day on Martinsburg Pike (Route 11) translates into a 31 % increase in traffic. A potential increase of 34.9% is possible with the current zoning classification of B3. b) Historic Resources Information provided within the applicant's Impact Analysis Statement indicates that no historic sites or structures will be impacted as a result of the proposed rezoning. C) Water & Sewer The Impact Analysis Statement indicates that the anticipated water and sewer demand for the proposed development is 25,000 gallons per day. It also states that sewer and water shall be provided by the City of Winchester. d) Drainage The applicant's Impact Analysis Statement states that the existing water detention facility on the site is appropriately sized for the complete build -out of the site. It is also stated that there should be no adverse impact upon downstream drainage ways. REZ #04-03, Ronald & Velma Simkhovitch Property Page 5 February 3, 2003 7) Proffer Statement The applicant has submitted a proffer statement which has been signed by the property owner, notarized, and reviewed by the County Attorney's office. The following list is a summary of the conditions voluntarily proffered by the applicant: • An additional 12 trees along the existing detention facility, located at the intersection of Martinsburg Pike (Route 11) and Park Centre Drive (Route 1323). Planning Staff Comment: Staff assumes that these trees will be in addition to the trees normally required by the Frederick County Zoning Ordinance. Clarification by the applicant is warranted. Limiting the number of entrances to Martinsburg Pike (Route 11) to one. 4 Limiting the total square footage of buildings to 100,000 square feet. STAFF CONCLUSIONS FOR THE 02/19/03 PLANNING COMMISSION MEETING: The proposal to rezone this 6.37 acres from the B3 Zoning District to the B2 Zoning District is consistent with the fundamental principles of land use found in the Comprehensive Policy Plan. It would appear that the most significant changes that would result from this rezoning would be more commercial use in the area and a reduction of the buffer against the adjoining residential properties, located to the southeast. Staff has four areas of concern which the applicant should be prepared to address to the satisfaction of the Planning Commission prior to a recommendation being forwarded to the Board of Supervisors. These concerns are shown below: • Improved Landscaping Along Martinsburg Pike (Route 11) As mentioned in the above report, several other rezonings in the area have included additional landscaping along Route 11 North. Additional landscaping along the entire frontage of the parcel would ensure that the proposed development is consistent with other recent developments along the Route 11 North corridor. A quality landscaping plan might include additional trees, shrubs, and possibly a berm along Martinsburg Pike (Route 11). Signage To minimize the potential negative impacts that future signage could have, staff suggests that future signs on the parcel be limited in size, height, and style. Other rezonings in the area have proposed monument style signs, no more than 15 feet in height, and no more than 100 square feet in size. Limiting the total number of freestanding business signs to two may also be appropriate. REZ #04-03, Ronald & Velma Simkhovitch Property Page 6 February 3, 2003 Zoning Buffer Presently a category C zoning buffer is required between the subject property and the residential properties to the southwest. If rezoned, the required zoning buffer will be reduced to a category B. Staff suggests that the requirement for a category C buffer be maintained on the parcel to minimize the potential impacts that the proposed development may have on the neighboring residential properties. Exhibit C, attached with this report, shows the property line which is adjacent to the neighboring residential uses. Existing Violation The current storage of trucks and trailers on the property is a violation of the Frederick County Zoning Ordinance. Two pictures of the illegal trucks and trailers are attached with this report. Exhibit A depicts a view of the property from Martinsburg Pike (Route 11). Exhibit B shows the view of the property from Park Centre Drive (Route 1323). Staff believes that the owner of the property should commit to the removal of the existing violation immediately. O:IGgcndealCOMMENTSIREZON/NGLSmffReporil2oo3lRon&Vehna Simkhoviich—M EXHIBIT A f 4 i EXHIBIT A n •:7� nal. <s„� a 'r' :k i )"law �i�l1►• S�ir7r 4,"�' p� � �; -..�. rte+ I Irr Iv4.R#i�G'`Ra ��•:CI Ri ��; AJ w , , ,a'm 4X r v • 1-1�.�. -n 'Ail }. � F.°;C �`i•n� at ��n. � �'� 4 ! 0�! kg I %#i.xi ipypl Rap ILI y�� a 6 ,�. � ,� �,�i 4• *. �i fig i + X } 4 4- F 4'i' .��.., Jt �� .'iai'K' t ro'�.Ji '`, ♦., .t',', Y^^ +r„e' i,�.yF Kh` :r µ - l �°!'�3."+{,s?�'3r' 9:'. � �; � -4{r _b,.°I•� �i�'--: �.} Jd ... N" +C� ay,F�..tSi<'�r�efi°Yi,:•$'�«_ • OUTPUT MODULE APPLICANT: Simkhovitch Net Fiscal Impact LAND USE TYPE Retail (132) REAL EST VAL $6,508,838 Costs of Required Impact Credit: Credits to be Take Total Potential Adjustment For FIRE &RESCUE 9 Capital Faciltiies (entered in col sum only) Cur. Budget Cur. Budget Cap. Oper_Cap Equip Expend/Debt,S. Future CIP/ Taxes, Other Tax Credits Revenue- Net Capital Nei Cost Per (Unadjusted) Cost Balance Facilities Impact Dwelling Unit Fire and Rescue Department $33,297 Elementary Schools $0 $0 $0 $33,297 ERR Middle Schools $0 $0 $0 High Schools $0 $0 $0 $0 ERR Parks and Recreation $0 Public Library $0 $0 $0 $0 $0 ERR Sheriffs Offices $0 $3,895$0 $0 $0 $0 $3,8, $0 $3895 $0 ERR Administration Building $0 $0 ERR Other Miscellaneous Facilities $0 $9,339 $10,311 $0 $0 $0 $0 $0 ERR $19,650 $19,650 $0 ERR SUBTOTAL $33,297 LESS: NET FISCAL IMPACT $4,576,785 $13,234 $10,311 $0 $23,545 $23,545 $9,752 ERR NET CAP. FACILITIES IMPACT— $4,576,785 $4,576,785($4-576785 ERR --- $01 ERR INDEX: "1.0" If Cap. Equip Included 1.0 INDEX: "1.0" if Rev -Cost Bal, "0.0" if Ratio to Co Av g: 0.0 Rev -Cost Bal = 1.000 PLANNING DEPT PREFERENCES 1.0 1.0 Ratio to Co Avg = 1.342 ------------ — -------------------------------------- — ----------------- — -------------------------------------------------------------- - ------------------------------------------------------- METHODOLOGY 1. Capital facilities requirements are input to the first column as calculated in the model. 2. Net Fiscal Impact NPV from operations calculations is input in row total of second column (zero if negative); included are the one-time taxes /fees for one year only at full value. 3. NPV of future oper c ap equip taxes paid in third column as calculated in fis cal impacts. 4. NPV of future capital expenditure taxes paid in fourth cot as calculated in fiscal impacts. 5. NPV of future taxes paid to bring current county up to standard for new facilities, as calculated for each new facility. 6. Columns three through five are added as potential credits against the calculated capital facilities requirements. These are adjusted for percent of costs covered by the revenues from the project (actual, or as ratio to avg. for all residential development). NOTE: Proffer calculations do not include include interest because they are cash payments up front. Credits do include interest if the projects are debt financed. ------------------------ - - -------------------------------------------------------------------------------------------------------------------------------------------------------- NOTES`. Model Run Date 02/03/03 J FC Project Description: Assumes 100,000 square feet of retail land us es on 6.37 acres zoned B2 Zoning PIN 54A -1-A Due to changing conditions associated with development in the County, the results of this Output Module may not be valid beyond a period of 90 day s from the model run date. 2002MODEL COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY Philip A. Shur -et 14031 OLD VALLEY PIKE COMMISSIONER EDINBURG, VA 22824 January 16, 2003 VDOT Comments to Smikohoitch Rezoning 1276 Martinsburg Pike Frederick County JERRY A. COPP RESIDENT ENGINEER TEL (540) 984-5600 FAX(540)984-5607 The documentation within the application to rezone this property appears to have measurable impact on Route 11, Martinsburg Pike, and Route 1323, Park Center Drive. Routes are the VDOT roadways which have been considered as the access to the property referenced. The single transportation proffer of providing one new entrance along Martinsburg Pike does not adequately address the transportation concerns associated with this rezoning application. VDOT has currently requested a traffic impact analysis for this site detailing the potential impacts to the intersection of Park Center Drive and Martinsburg Pike. VDOT believes any necessary improvements to this intersection or to the particular site can be handled through the site plan review and would not require any transportation proffers. 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. Generation Manual, Sixth Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, 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. Thank you for allowing us the opportunity to comment. Ben H. Lineberry, k, P.E. Trans. Assistant Resident Engineer VirginiaDOT.org WE KEEP VIRGINIA MOVING !AN 2 8 2003 � August 27, 2002 Mr. Michael M. Artz, L.S. Artz and Associates, PLC 16 East Piccadilly Street Winchester, Virginia 22601 COUNTY of FREDERICK Department of Planning and Developer 540/665-5bi1 FAX: 540/665-6395 RE: Request for historic Resources Advisory Board (DRAB) Comments Simkhovich Property - Martinsburg Pike and Park Center Drive Dear Mike: Upon review of the referenced rezoning, it appears that the proposal does not significantly impact historic properties and it is not necessary to schedule a formal review of the proposal by the HRAB. According to the Rural Landmarks Survey, there are no significant historic structures located on the property. The National Park Service Study of Civil War Sites in the Shenandoah Valley does not identify any core battlefields that this proposed rezoning would impact. Thank you for the chance to comment on this application. Please call if you have any questions or concerns. Sincerely, Rebecca Ragsdale Planner I RAR/kae Attachments kI COMM IIIEES'lHRAB1Conunents`,Simkhovitch.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 :JAN ? 8 2000 M1 �v SHADE EQUIPMENT COMPANY, INC. 43 A 31 iADE EQUIPMENT CO, INC 43 A 29 p p 54A 1 15 M2 LU TTRELL Akre' IF SggS Ae fro/ y d; ev R \CRO: .... 54 .: I ZUCKERMAN 43 A. 35 "F � 'YYf,. GREEN BAY PACKAGING IN( 54 A 36L M1 KRAFT GENERAL FOODS INC 54 A 36H M1 54A i REZ#04-03 Ronald & Velma Simkhovitch PINS: 54A -1 -_ n4 N W 1y S 0 50100 Feet P REZONING REQUEST PROFFER PROPERTY IDENTIFICATION NUMBERS 54A -((I ))-A STONEWALL DISTRICT PROPERTY OF RONALD S. r VELMA B. SiiJinri0`v 11 Cri Preliminary Matters Pursuant to Section 15.2 - 2296 et. set., of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia shall approve Rezoning Application # 04-03 for the Rezoning of 6.37 acres from B3 Industrial Transition Zoning District to B2 Business General Zoning District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with Virginia lave. In the even that such rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successors or assigns. The subject property is more particularly described as a portion of the land conveyed to Ronald S. & Velma B. Simkhovitch by deed dated September 22, 1999 and recorded in Deed Book 948, Page 247, and further being a portion of the property designated as Parcel A on the plat of Boundary Line Adjustment dated December 2, 2001 and recorded and in Instrument #020000400, Both deeds being of record in the Frederick County Circuit Court Clerk's Office. See the attached plat by Artz & Associates dated March 29, 2002 for a specific delination of the proposed area to be rezoned Landscaping The development of the subject property and the submission of any Site Plan will provide for an additional 12 trees along the interior sides of the existing Detention Facility at the intersection of Martinsburg Pike and Park Center Drive. It will also provided for a three foot tall evergreen hedge adjacent to all parking lots along Martinsburg Pike and Park Center Drive. Tree or shrub size, species, and maintenance shall be in conformance with existing Zoning Regulations Street Connections The development of the subject property shall proffer only one connection to Martinsburg Pike (U.S. Route 11) Maximum Square Footage of Buildings The development of the subject property shall proffer that the maximum combined total square footage of buildings shall not exceed 100,000 square feet. REZONING REQUEST PROFFER Property Identification Numbers 54A -((I)) -A Shawnee Magisterial District PROPERTY OF RONALD S. & VELMA B. SIMKROVITCH Page 2 The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grant this rezoning and accept the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: PROPE T1 OWNER: BY- ATE: l � BY: DATE: NOTARY CERTIFICATE: / STATE OF VIRGINIA; CITY/COQ OF �� N s� to -wit: The foregoing in$trument was acknowledged before me this 1s' Lti day of 0tort , 20 0:7— by Ronald S. Simkhovitch and Velma B My commission expires Av. .30 dOD� ` Notary Public Simkhovitch JAN 2- 8 2003 RONALD S. & VELMA D. SIMKHOVITCH Rezoning Request B3 to B2 6.37 Acre Portion of an 8.45 Acre tract Stonewall Magisterial District Down Zoning Impact Analysis Purpose — The purpose of this rezoning request is to reduce the zoning on the 6.67 Acre Portion of an 8.45 Acre tract to allow the owner more flexibility in providing a variety of business, office and service uses. Background — Currently the property consists of an 8.45 Acre tract being a portion of the property conveyed to Ronald S. & Velma B. Simkhovitch by deed dated September 22, 1999 and recorded in Deed Book 948, Page 247, and further being a portion of the property designated as Parcel A on the plat of Boundary Line Adjustment dated December 2, 2001 and recorded and in Instrument #020000400. The site was once utilized as a Drive-in Theater_ It is now currently vacant. Proffers — One new entrance along Martinsburg Pike. Additional 12 landscape trees along the interior sides of the Detention Facility, three foot high evergreen hedge along parking areas adjacent to Martinsburg Pike and Park Center Drive, monument style sign Location — The property is located at the southeastern intersection of Martinsburg Pike (U.S. Route 11) and Park Center Drive (S.R. #1323), in Stonewall District. Site Suitability — The site is currently Zoned B3 and is located at a major arterial intersection. There are no flood plains, wetlands, steep slopes, woodlands, prime agricultural soils or soil conditions existing on the 6.37 Acre requested for B2 zoning that would create a developmental concern. Surrounding Properties — The use of the properties to the east of the CXS Railroad are industrial in nature (M1). Properties to the north and west are automotive and equipment sales (MI). The immediate property to the south is mixed zoning of B2 (lumber sales) and RP (vacant alley). Traffic Impacts - Anticipated traffic calculated as follows: B3 zoning is calculated based upon 120,000 sf retail.- Saturday etail:Saturday (peak day) average trips = 3,832 Saturday Peak hour trips — 511 B2 zoning based upon (retail) 100,000 maximum proffered sf Saturday (peak day) average trips = 3,408 Saturday Peak hour trips — 453. This down -zoning could decrease the anticipated traffic for this site. Sewage Conveyance and Treatment & Water Supply — Sewer and water services are to be supplied by the City of Winchester. A twelve inch water main is located on the western side of Martinsburg Pike and a six inch Sanitary Force Main is located on the eastern side. B3 zoning is calculated based upon 120,000 sf (1000sf floor space @ 250 gpd = 120000 / 1000 = 120 *250 =) 30,000 gpd B2 zoning is calculated based upon 100,000 sf (1000sf floor space @ 250 gpd = 100000 / 1000 = 100 *250 =) 25,000 gpd This comparison would equate to a net decrease of 5,000 gpd. Solid Waste Disposal Facilities — The amount of solid waste generated is calculated as follows: Existing B3 uses is based upon total 120,000 square -feet: 75,000sf Commercial/Retail—] employee/250sf = 300 employees Unit waste factor -5,75 Ib/employee/day = 5.75*300 = 1725 lb/day 45,000sf Office Space--] employee/300sf = 150 employees Unit waste factor -1.5 Ib/employee/day = 1.5 * 150 = 225 lb/day. Total 1950 lb/dav B2 uses based upon 100,000 maximum square feet proffer 55,300 sf Commercial/Retail-1 employee/250sf = 221 employees Unit waste factor -5.75 lb/employee/day = 5.75*300 = 1271 lb/day 42,000sf Office Spaced employee/300sf = 140 employees Unit waste factor --1.5 lb/employee/day = 1.5* 150 = 2101b/dav 2,700sf Restaurant—average meals served per day = 600, Unit Waste Factor -0.71 lb/meal served per day = 0.71 *600 = 426 Ib/day. Total 1907 lb/day. This comparison would equate to a net decrease of 43 lb/day Drainage — A Detention Facility exists on the site and is appropriately sized for complete build -out for the entire site. This facility was sized to contain a 100 year flood event. There should be no adverse impact upon downstream drainage ways. All runoff from this site enters the Redbud Run drainage area. Historic Sites and Structures — There are no known historic sites or structures on this property. Impacts on Community Facilities — This is not applicable in a "down zoning" request such as this from B3 to B2. Other Impacts — The potential B2 uses of this site is clearly consistent with the goals of the Comprehensive Policy Plan. This site is located along two major arterial highways and at the Route 37 exit to Route 11 South, as well as in close proximity to the Martinsburg Pike, I81 interchange. Necessary transportation and sewer & water facilities are already in place. This site is a large land area suited for a shopping center or general office environment in an area of Frederick County that lacks such diversity. Excellent access and visibility is a prominent feature of this site. REZONING APPLICATION FORINT FREDERICK COUNTY, VIRGINIA The fallowing 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, 1.07 North Kent Street, Winchester. 1. Applicant: Name: _Ak,2 A Telephone: Address: �'2-� - S 5 o c1 ` 0/-S 1 Pl Gc_� yDl LLy V1 C' c-9— a Z. Property Owner (if different than above) Name: �h PA -9 �- �(,� �tc� (jt "'�V� i'�� Telephone: Address: G/� G%t m bgz-c� WMW 3. Contact person if other than above Name: Telephone: 4. Checklist: Check the following items that have been included with this application. Location map_ Plat Deed to property Verification of taxes paid 11 Agency Comments Fees Impact Analysis Statement Proffer Statement Zzk'b ) 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please ligt below -all owners or parties .n interest of the laid to be rezoned: j C. O N q L- V S, S rn k o tr ! ii e lm,ff 6. A) Current Use of the Property: A-c,kra`C" B) Proposed Use of the Property: 7. Adjoining Property: PARCEL ID NUMBER ,54 4 — -?,5 _ _g, A - Z9., USE L,anoh.�►r 5�a,l.�s u ¢,S ZONING AA I ,J192 M! M2 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names Inames and route numbers): 6i'l�e�`�dC�7l�h b -f /vf l41,01 ��✓�r�i 1"ll�z 12 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. Name and Property Identificcation Number address Name g#A'r-T C—bne iql r6aA11 lnQG. a2-rHFtGu7 IL �00�3 Property# J4 'A_ �7to1-� NameAAL L�Lumf3p�- f�utc-b IN$ 5� �s D 'f3ave 29' 0 JZOAMO�e- VA Z4b77- Property 8x54 %r— Q� Name tQ'_p a Z v C"C-JK 4-� Ave - ve.Pro Property e # 4 3 —A Name--:5k)&Ae- EQO) 243-7 W I hGI X57 e12- VA -22CO f Property # 4 --;v -A 2 Name JC<� LS �7(Lv C e um QC7% ctf4'r fAm 5q. Su�i'6 Boz VA -Z-2-40S Pro e # Name Property # Name Property # Name Property # Name Property # Name Property # Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maxim -am possible density or intensity scenario for the proposed Zoning District as described on Page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number 54A — 1 - A Magisterial: �JTZa►�2W Fire Service: C L -Q A(L'09-DQt:�- Rescue Service: Gt,41-AU 2� OK_ Districts High School: _ Middle School: Elementary Schoo_l: 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zonin Zoning Reguested Total acreage to be rezoned 11. The following information should be provided according to the type of rezoning proposed : Number of Units Proposed Single Family homes: Townhome: Non -Residential Lots: Mobile Home: Office: Retail: Restaurant: Square Footage of Proposed Uses -2,ir--)0© G5, ---!*CIO _Z. -7 C>C) 13 Multi -Family: Hotel Rooms: Service Station: Manufacturing: Warehouse: Other: 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. r Owner(s):'�— i � r 14 Date: / Date: Date: 43-A-29 ZONED M2 I SHEET 1 OF 2 43-A-31 ZONED M16 M2 SHADE EQUIPMENT CO., INC. MARTIN5BUR£ PIKE _ —45 mri! P3J i to a. EED 72.55' R-k3C7 37'49'48 E CLEN=471.30' o .IIII I o BRG=N 39 04 14" m APPROX. LOCATION 0 r I OF PROP, ENTRANCE I cwt 0. � y APPROX. LOCATION 7J p a� ; �✓ OF ADDITIONAL z v PRO.FFERED TREES 0 SSIt�T1 IM 'S v nF TOTAL AREA PARCEL A � ~ -3.4547- J z A� 63747 ACRES Q I PROPOSED e: 6 a o ZONE: 62 0 �No z Z N N O F w E r • I Z 3 N 30'19'48" E 280 50�..-;��...-t uS o IN 43'33'32' E I N -8504'09" E - c '-82.85' d `227.7 -- 00-1 -0- -00— n I N N 2:0800 ACRES © QUARLEs 1 TO-REMAIN _ FUEL NG ED Ey,ISTING,. Q CENTER �I ZONE: B3 54A-1-g x '-QUAPL SPE � 63M ' !� 215.80' .9z S 4424'48" W 11771' d I " S . 4219'48"-7.y W 0 1 I 1., 36 ,rpA �6'A H C�RAi(ROAD I z� Zp7Jr� FOODS -i PLT H PROPOSED REZONING PORTIO! OF THE ! C) MICHAEL M. AR7Z q SIMKHOVITCH PROPERTY T. No. 195 FORMERLY THE WINCHESTER bRIVE-IN THEATER F STONEWALL DISTRICT, FREDERICK COUNTY, VIRGINIA �qHo s�R�E�o SCALE: I"= 100' DATE: MARCH 29, 2002 PRESENT OWNER: A--ta and ��mcfl$te:�, arc E 3uhslC�'4 a BaLltp Rn.fnw.-sn.. pj� RONNIE SMIKHOVITCH L*M WN-11=1 6 r TM #54A-((1))-A DB 948, P& 247 > VAL MM-1740 A 540-6.7-= M 510-EG7-9168 FRwECT pD303 MU Fra 1-eoo-75s-nM SHEET 2 OF 2 The following is the metes and bounds description of a 63747 Acre portion of an 8.4547 Acre tract of land, located at the southeastern intersection of Martinsburg Pike (U.S. Route_ 11), and Park Center Drive (S.R. #1323), in Stonewall District, Frederick County, Virginia, and being a part of the land conveyed to Ronald S. & Velma B. Simkhovitch by deed dated September 22, 1999 and recorded in Deed Book 948, Page 247, and further being a portion of the property designated as Parcel A on the plat of Boundary Line Adjustment dated December 2, 2001 and recorded and in Instrument #020000400. Said 6.3747 Acre portion is proposed to be rezoned B2. The residual portion (2.0800 Acres) is to remain zoned B3. BEGINNING at an iron pipe found in the eastern line of Martinsburg Pike (U.S. Route 11), a corner with Moore's Lumber & Building Supplies; thence with the right-of-way lines of said road N 31 °49'48" E 91.50 feet to a concrete monument found at the p.c. of a curve to the right and having a radius of 1869.86 feet; thence with the arc of said curve 472.55 feet Long Chord N 39°04' 14" E 471.30 feet to a rebar set at the southeastern intersection of said Martinsburg Pike and Park Center Drive (S.R. #1323); thence with the southern line of Park Center Drive S 58°49'12"E 529.65 feet to a rebar found, a comer with Quarles Petroleum, Inc.; thence with Quarles Petroleum, Inc. S 43033'32" W 227.13 feet to a rebar found; thence leaving said Quarles and creating two new zoning lines through the lands of said Simkhovitch with the remaining 2.0800 Acres S 85004'09" W 82.85 feet to a point-, thence S 30°] 9'48" W 280.50 feet to a point in the line of said Moore's; thence with Moore's N 5904012" W 483.98 feet to the beginning and containing 6.3747 Acres. COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 TO: Frederick County Planning Commission FROM: Jeremy F. Camp, Planner II�� RE: Discussion Topic - Proposed Amendment to Article VIII, Section 165-77 B (2)(d), Existing Lots, of the Frederick County Zoning Ordinance. DATE: January 31, 2003 During their January 2003 meeting, the Development Review and Regulations Subcommittee (DRRS) recommended the revision of Section 165-77 B (2) (d), of the Frederick County Zoning Ordinance. This ordinance presently allows the Zoning Administrator the ability to waive setbacks on existing lots in the R5 (Residential Recreational Community) Zoning District. However, because the text ofthe ordinance is located as a subsection of Section 165-77 (2), it only applies to existing lots of age -restricted communities, garden apartments and townhouses. Prior to the August 2000 Zoning Ordinance revision to the R5 District, this ordinance applied to all existing lots. Neither staff nor the DRRS believes that it was the intent at that time to change the basic function of this ordinance. Therefore, the DRRS directed staff to present the following changes to the Planning Commission and Board of Supervisors for consideration: Current Ordinance: 165-77 B (2)(d) Existing lots. The applicable dimensional requirements for the use shall apply to existing lots. However, the Zoning Administrator may allow reduced yard setback distances on existing lots of record currently zoned R5 District. The Zoning Administrator may also allow reduced yard setback distances on lots contained in previously approved master plans for R5 residential recreational communities. Proposed Ordinance: 165-77 B (3) Existing lots. The Zoning Administrator may allow reduced yard setbacks on existing lots of record, by a distance of up to 25% of the required setback, where topography or other environmental constraints create a hardship. To be considered a hardship, all conditions specified in Section 165-155 C (5), of the Frederick County Zoning Ordinance, must be met. Please review the proposed draft amendment, shown above, for discussion during the February 19`h Planning Commission Meeting. A copy ofthe entire R5 District ordinance, and acopyof Section 165-155 C (5) of the Frederick County Zoning Ordinance, is attached with this memorandum for your reference. JFC/PTD/ERL/cih Attachments 0: (Y)MA4177A 'S-.DRRSIProjee%c:Archive - Completed Pt q"¢e%c;2003?R5 SetliaekdP(Di.xcrcrsionMemn...pd 107 North Kent Street • Winchester, Virginia 22601-5000 § 165-73 ZONING § 165-75 ARTICLE VIII R5 Residential Recreational Community District § 165-73. Intent. (Amended 8-9-20001 The intention of the Residential Recreational Community District is to provide for a carefully planned recreational community which takes advantage of unique natural features and settings. Such communities shall be planned in a fashion that will protect and preserve natural and historic resources and features and that will protect and enhance the natural scenic value of the area to be developed and surrounding areas. The Residential Recreational Community District provides for a mixture of housing types and uses, including age -restricted communities, within a carefully planned setting. Special emphasis is placed on recreational and open space uses. Business and service uses are allowed to meet the needs of residential recreational communities. § 165-74. Master development plan. All land to be contained within the Residential Recreational Community District shall be included within an approved master development plan. The layout, phasing, density and intensity of development is determined through the adoption of the master development plan by the Planning Commission and the Board of Supervisors. Special care is taken in the approval of the master development plan to ensure that the uses on the land are arranged to provide for compatibility of uses, to provide environmental protection and to avoid adverse impacts on surrounding properties and facilities. Innovative design is encouraged. Special care is taken in the approval of R5 developments to ensure that necessary facilities, roads and improvements are available or provided to support the R5 development. Residential recreational community developments shall only be approved in conformance with the policies in the Comprehensive Plan. § 165-75. Rezoning procedure. (Amended 8-9-20001 In order to have land rezoned to the R5 Residential Recreation Community District, a master development plan, meeting all requirements of Article XVIII of this chapter, shall be submitted with the rezoning application. The rezoning shall be reviewed and approved following the rezoning procedures described by this chapter, including procedures for impact analysis and conditional 16605 10-25-2001 § 165-75 FREDERICK COUNTY CODE § 165-76 zoning. In adopting the rezoning, the master development plan submitted may be accepted as a condition proffered for the rezoning. The master plan review procedures described by Article XVIII must also be completed concurrently with or following the consideration of the rezoning. A. Impact analysis. Impact analysis, as required by this chapter, shall be used to evaluate all potential impacts, including impacts on surrounding lands, the environment and on public facilities and services. B. Land dedication. Land shall be dedicated in residential recreational community developments for public roads and public facilities necessary to serve the development as described by the Comprehensive Plan, the Capital Improvements Program and adopted road improvement programs. C. Addition of land. The Board of Supervisors may approve the addition of land to an approved recreational residential community through the procedures set forth in this chapter for the original approval of a residential recreational community development. § 165-76. Permitted uses. [Amended 8-9-20001 The following uses are allowed in the R5 Residential Recreational Community District: A. All uses allowed in the RP Residential Performance District. B. Age -restricted communities. C. All uses allowed in the B-1 Neighborhood Business District except for the following: (1) Car washes. (2) Funeral homes and crematories. D. Indoor and outdoor recreational facilities. E. Preserves and conservation areas. F. Restaurants. G. Hotels and lodges. H. Boat clubs and service areas. 16606 10-25-2001 § 165-76 ZONING § 165-77 I_ Service stations. J. Private campgrounds. K. Heliports or air strips. L. Recreational vehicle storage. M. General business offices. N. General merchandise store. O. Home furnishing store. P. Public sewer and water facilities and lines. Q. Waste recovery and recycling facility. R. Movie theater. § 165-77. Design requirements. [Amended 8-9-20001 A. Minimum size. No residential recreational community master development plan nor rezoning to the Residential Recreational Community District shall be approved for less than 500 contiguous acres. B. Dimensional requirements. (1) Areas shall be specifically designated for each different use on the master development plan. Within those areas, the uses shall meet the applicable dimensional requirements set forth for those uses in the RP, B1 and B2. (2) In age -restricted communities, garden apartments and townhouses may be approved with alternative dimensional requirements as described in this subsection. (a) The alternative dimensional requirements for garden apartments shall be as follows.- [11 ollows:[1] Front setback: [a] Thirty-five feet from road right-of-way of public roads, greenways and neighborhood collectors. [b] Twenty feet from road right-of-way of local streets and from parking areas and driveways. 16607 9-1-2000 § 165-77 FREDERICK COUNTY CODE § 165-77 [2] Side: 50 feet from perimeter boundary. [3] Rear: 50 feet from perimeter boundary_ [4] Minimum on-site building spacing shall be as follows: [a] Two-story buildings: [i] Thirty feet front and side. [ii] Fifty feet rear. [b] Three- and four-story buildings: [i] Forty feet side. [ii] Fifty feet front and rear. [5] Maximum building height. [a] Maximum building height for principal structures shall be 65 feet. [b] Maximum building height for accessory structures shall be 20 feet. [6] One and one-half parking spaces shall be provided for each one -bedroom unit, and two parking spaces shall be provided for each two-bedroom unit. (b) The alternative dimensional requirements for townhouses shall be as follows: [1 ] Minimum lot area: 2,000 square feet. [2] Minimum lot width: 20 feet. [3] Front setback: [a] Thirty-five feet from road right-of-way of public roads and greenways_ [b] Twenty feet from road right-of-way of neighborhood collectors, local streets and from parking areas and driveways. [4] Side: 30 feet from perimeter boundary. [5] Rear: 50 feet from perimeter boundary. [6] Minimum building spacing: 16608 9-1-2000 § 165-77 ZONING § 165-77 la] Thirty feet side. [b] Fifty feet front and rear. [7] Maximum building height. [a] Maximum building height for principal structures shall be 35 feet. [b] Maximum building height for accessory structures shall be 20 feet. [8] Two parking spaces shall be provided per unit. [9] Supplementary setbacks: [a] With the townhouse housing type, decks may extend five feet into rear yard setback areas. [b] Where the townhouse housing type abuts open space, decks may extend up to 12 feet into rear yard setback areas. [c] Front porches, stoops and steps may extend eight feet into front yard setback areas_ (c) In age -restricted communities, the following landscaping alternative may be provided when utilizing the single-family small lot housing type that front on private streets: minimum landscape plantings, in addition to the required street trees, shall be three trees and 12 shrubs. Trees shall be a minimum of two inches in caliper at time of planting, and shrubs a minimum of 12 inches in height at time of planting. (d) Existing lots. The applicable dimensional requirements for the use shall apply to existing lots. However, the Zoning Administrator may allow reduced yard setback distances on existing lots of record currently zoned R5 District. The Zoning Administrator may also allow reduced yard setback distances on lots contained in previously approved master plans for R5 residential recreational communities. C. Residential density. The gross density for residences in the residential recreational community development shall not exceed 2.3 units per acre for the development as a whole. 16608.1 9-1-2000 § 165-77 FREDERICK COUNTY CODE § 165-77 D. Commercial areas. Not more than 6% of the gross area of a residential recreational community shall be used for commercial uses. Commercial uses shall be located in village centers designated on the approved master development plan. The Planning Commission may require the submission of a generalized development plan depicting the type and location of uses, access and circulation patterns within identified village centers. E. Vehicle storage areas shall not exceed eight acres in size, shall be screened from view of any public street or adjoining residential property by a category B buffer utilizing at a minimum a landscape screen and shall comply with the requirements of § 165-35A of this chapter. F, Open space. A minimum of 35% of the gross area of any proposed development shall be designated as common open space. This open space shall be for purposes of environmental protection and for the common use of residents of the development. No more than 50% of the required open space shall be within lakes and ponds, wetlands or steep slopes. The Planning Commission may allow a larger amount of steep slopes to be utilized where the developer can demonstrate a viable plan for the use of these areas. Where age -restricted communities are approved with private streets, a minimum of 45% of open space shall be required. G. Recreational facilities. One recreational unit or equivalent recreational facilities shall be provided for each 30 dwelling units. The facilities shall be in a configuration and location that is easily accessible to the dwelling units that they are designed to serve. The design and amount of facilities shall be approved by the Planning Commission in conjunction with the Director of Planning and the Department of Parks and Recreation. When the single-family small lot housing type is used, the requirements of § 165-64A, Recreational facilities, shall be met. H. Buffers and screening. Buffers and screening shall be provided between various uses and housing types as if the uses were located in the RP, 131 or B2 Zoning District according to the uses allowed in those districts. Buffers and screening shall be provided accordingly as specified in § 165-37 of this chapter. Road efficiency buffers shall be provided according to the requirements of that section. In addition, along the perimeter boundary of the Residential Recreational Community District, buffers and screens shall be provided in relation 16608.2 9-1 -2000 § 165-77 ZONING § 165-77 to adjoining properties as if the uses in the planned community were located in the RP, B1 - and B2 Zoning Districts. The Planning Commission may allow alternative methods for achieving buffer and screening requirements and may waive the interior residential screening and road efficiency buffer requirements in age -restricted communities. 1. Sewer and water facilities. All residential recreational community developments shall be served by public sewer and water facilities owned by or dedicated to a public authority, J. Road access. All residential recreational community developments shall have direct access to an arterial or collector road or to roads improved to arterial or collector standards. K. Streets. The residential recreational community development shall be provided with a complete system of public streets dedicated to the Virginia Department of Transportation. The road system shall conform with the Frederick County Comprehensive Policy Plan and with road improvement plans adopted by the county. (1) Within any portion of a residential recreational community which qualifies as an age -restricted community, the Planning Commission may allow for the installation of private streets, provided that all streets conform to the construction details and materials of the Virginia Department of Transportation Standards and that a program for the perpetual maintenance of all streets is provided which is acceptable to the Commission. (a) Three classes of private streets shall be permitted in age - restricted communities and shall be identified on a MDP as follows: [1 ] Greenways. All private streets with a projected ADT of over 3,000 shall have a minimum right-of-way of 50 feet and shall have no direct lot frontage. Greenways shall be lined on both sides with street trees having a minimum caliper of two inches at the time of planting, spaced not more than 50 feet apart. Along the portions of right-of- way which abut mature woodland, the Planning Director may waive the requirement for street trees. The horizontal center line geometrics and vertical profile 16608.3 9-1-2000 § 165-77 FREDERICK COUNTY CODE § 165-77 design shall meet the VDOT criteria for subdivision streets with a design speed of 30 miles per hour (mph). [2] Neighborhood collectors. All private streets with a projected ADT of over 400 shall have a minimum right- of-way of 50 feet and may have lot frontage. Neighborhood collectors shall be lined on both sides with street trees having a minimum caliper of two inches at the time of planting, spaced not more than 50 feet apart. The horizontal center line geometrics and vertical profile design shall meet the VDOT criteria for subdivision streets with a design speed of 30 mph. [3] Local streets. All private streets with a projected ADT of 400 or less shall have a minimum right-of-way of 30 feet and may have lot frontage. Local streets shall be lined with street trees having a minimum caliper of two inches at the time of planting, spaced not more than 50 feet apart. The horizontal center line geometrics and vertical profile design shall meet the VDOT criteria for subdivision streets with a design speed of 20 mph. (b) The subdivision design plans and final subdivision plats for all lots contained within an age -restricted community that utilize private roads shall include the following language: The proposed private streets will not be maintained by the Virginia Department of Transportation or the County of Frederick. The maintenance and improvement of said private streets shall be the sole responsibility of the owners of the lots within the age -restricted community which are provided access via the private streets. (2) Within R-5 residential recreation community developments approved prior to 1980, the Planning Commission may allow the extension of existing private roads if no other means of access is available. L. Curb and gutter. All public and private streets shall be provided with curb and gutter. M. Alternative access. A combined system of pedestrian and/or bicycle access, in the form of paved sidewalks, interior walkways or bike paths, shall be provided to allow walking or bicycling between every 16608.4 9-1-2000 § 165-77 ZONING § 165-77 use, structure or recreational facility_ Such access shall be connected with existing travelways adjacent to the residential recreational community development. In age -restricted communities, at the time of master development plan approval, the Planning Commission may allow local streets without sidewalks to be used and incorporated into the system of pedestrian and bicycle access. The type and nature of trails to be used shall be identified, detailed and approved on the master development plan. N. Stormwater management. The requirements of § 165-32 of this chapter shall apply to the total residential recreational community development. O. Landscaping. Landscaping shall be in conformance with an overall landscaping plan or unifying concept for the development. P. Phasing. If a Residential Recreational Community District is proposed to be developed in phases, common open space shall be provided within each phase in proportion to the fraction of the total area of the development in each phase. Recreational facilities shall be provided with each phase in proportion to the fraction of the total dwelling units in each phase. Essential street entrances to the planned residential community shall be provided with the appropriate phases of the development as scheduled on the approved master development plan. Q. Property owners' association. A single property owners' association shall be provided for all phases of a recreational community development according to the requirements of § 165-34 of this chapter. R. Environmental protection. Upon recommendation of the Planning Commission, the Board of Supervisors may allow waivers of, or variations to, the environmental requirements of § 165-31 of this chapter in residential recreational communities. Such waivers shall be shown on the master development plan. In such cases, the environmental features and their function shall be preserved to the greatest extent possible. S. Other regulations. The residential recreational community development shall conform with all regulations of this chapter and the Frederick County Code unless specifically exempted by this article. 16608.5 9-1-2000 § 165-155 ZONING § 165-155 would effectively prohibit or unreasonably restrict the use of the property. Variances shall be granted to alleviate a clearly demonstrable hardship approaching confiscation. Variances shall not be granted to provide a special privilege or convenience sought by the applicant. A variance shall not be granted when the condition being alleviated is of a recurring nature so that the condition could better be alleviated by a zoning amendment. (3) When the granting of the variance will maintain the intent of this chapter. (4) Variances shall be granted to alleviate the following types of conditions: (a) Narrowness, shallowness, size or shape of a specific piece of property. (b) Exceptional topographic conditions. (c) Extraordinary conditions concerning the use of adjacent properties. (d) Other extraordinary conditions of the specific parcel of land. 0-X -->(5) Variances shall only be authorized if the Board finds the following: (a) That the strict application of this chapter would produce undue hardship as described above. (b) That such hardship is not shared generally by other properties in the same zoning district and the same vicinity. (c) That the authorization of such variance will not be of substantial detriment to adjacent property and that the character of the district will not be changed by granting the variance. (6) No variance shall be granted for any proposed use, development or activity in the Floodway District that will cause any increase in flood levels during the one -hundred -year flood. (7) When considering a variance application located within the floodplain districts, additional factors contained in Article XV, § 165-121, must be followed. [Added 8-12-19921 D. Procedures. Applications for variances shall be made to the Zoning Administrator in accordance with rules adopted by the Zoning 16685 10-25-2001 COUNT' of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 MEMORANDUM TO: Frederick County Planning Commission FROM: Jeremy F. Camp, Planner II RE: Discussion Topic - Proposal to add SIC 83 - Social Services, excluding SIC 836, Residential Care, to list of allowed uses for the B2 (Business, General) Zoning District DATE: January 31, 2003 Upon request by a local resident, the Development Review and Regulations Subcommittee (DRRS) recently considered adding SIC (Standard Industrial Classification) 83 - Social Services to the list of allowed uses in the B2 (Business, General) District and the MS (Medical Support) District. After review and discussion, the DRRS felt that all of the uses within SIC 83 - Social Services, excluding those listed under SIC 836 - Residential Care, would be appropriate uses within the B2 Zoning District. The DRRS did not fully support adding these uses to the MS (Medical Support) Zoning District. Therefore, the DRRS recommended that SIC 83 - Social Services, excluding SIC 836 - Residential Care, be added to the list of allowed uses for the B2 (Business, General) Zoning District. If approved as recommended, the following would be added to the list of allowed uses within the B2 District: Allowed Uses SIC Social Services, except for the following: 83 Residential Care 836 SIC 83 - Social Services, excluding SIC 836 - Residential Care, includes the following types of businesses: • Individual and Family Social Services (i.e. youth centers & marriage counseling services) • Job Training and Vocational Rehabilitation Services (i.e. job counseling & skill training centers) • Child Day Care Services (i.e. child care centers and preschool centers) • Social Services, Not Elsewhere Classified (i.e. advocacy groups & health systems agencies) Please consider the proposed ordinance amendment for discussion during the February 19" Planning Commission Meeting. A copy of SIC 83 and the current list of allowed uses within the B2 District is attached for your reference. JFC/ERL/cih Attachments U : v�n,ean�,:,s,r��r�rs°✓ .,;« a,��,;,�iYi'T''I�i`ii[f"1i'iI S�i'i`�'�' w„nIl(�hester, Virginia 22601-5000 § 165-82 ZONING § 165-82 j Allowed Uses Funeral homes and crematories Car washes Videotape rental Medical offices Standard Industrial Classification (SIC) 726 7542 784 801, 802, 803 and 804 Child day-care services 835 Civic, social and fraternal organizations 864 Public buildings — Public utility distribution facilities — Business signs — Directional signs — Residential uses which are accessory to allowed business uses — Parks — Churches — Restaurants [Added 12-9-19921 5812 Art dealers, art supplies and art framing — [Added 4-26-19951 Fire stations, companies and rescue squads — [Added 10-27-19991 Tobacco stores [Added 1-10-20011 5993 Accounting, auditing and bookkeeping services [Added 1-10-2001 [Amended 8-8-1990; 6-11-1991; 6-8-1994; 7-10-1996; 2-26-1997; 8-13-19971 B2 Business General District. The intent of this district is to provide large areas for a variety of business, office and service uses. 16613 7-20-2001 § 165-82 FREDERICK COUNTY CODE § 165-82 General business areas are located on arterial highways at major intersections and at interchange areas. Businesses allowed involve frequent and direct access by the general public but not heavy truck traffic on a constant basis other than that required for delivery of retail goods. General business areas should have direct access to major thoroughfares and should be properly separated from residential areas. Adequate frontage and depth should be provided, and access should be properly controlled to promote safety and orderly development. Nuisance factors are to be avoided. (1) Allowed uses shall be as follows: 16614 7-20-2001 Standard Industrial Classification Allowed Uses (SIC) Veterinary offices with all activities 074 and animals kept within the fully enclosed primary structure Animal speciality services, except veterinary, 0752 with all activities and animals kept within the fully enclosed primary structure [Added 1-10-20011 Communication facilities and offices, 48 including telephone, telegraph, radio, television and other communications Electric, gas and other utility 49 facilities and offices, excluding the following: Sanitary services 495 Paint, glass and wallpaper stores 523 Hardware stores 525 Retail nurseries and lawn and garden 526 supply stores General merchandise stores 53 Food stores 54 16614 7-20-2001 § 165-82 ZONING § 165-82 Standard Industrial Classification Allowed Uses (SIC) Automotive dealers and gasoline service 55 stations 704 Apparel and accessory stores 56 Home furniture, furnishings and 57 equipment stores 7218 Restaurants 58 Miscellaneous retail, except for 59 the following: 735 Fuel dealers 598 Finance, insurance and real estate offices Hotels and motels 701 Organization hotels and lodging 704 Personal services, including laundry and 72 funeral services, excluding the following: Industrial launderers 7218 Business services, excluding 73 the following: Miscellaneous equipment rental 735 Car washes 7542 Miscellaneous repair services 76 Motion picture theaters, except drive-in 7832 Videotape rental 784 Amusement and recreation services 79 operated indoors Golf driving ranges and miniature golf 7999 courses 16615 2-10-2001 § 165-82 FREDERICK COUNTY CODE § 165-82 Standard Industrial Classification Allowed Uses (SIC) Health services 80 Legal services 81 Child day-care facilities 8351 Membership organizations 86 Engineering, accounting, research, 87 management and related services General business offices — Model home sales offices — Self-service storage facilities — Public buildings — Public utility distribution facilities — Business signs — Directional signs — Building entrance signs — Residential uses which are accessory to — allowed business uses Parks — Churches — Libraries — Electrical supplies 506 Hardware and plumbing and heating 507 equipment Commercial batting cages operated outdoors — Adult care residences and assisted living — care facilities Flex -Tech — 16616 2-10-2001 § 165-82 (2) ZONING § 165-82 Standard Industrial Classification Allowed Uses (SIC) Fire stations, companies and rescue squads – [Added 10-27-19991 Advertising specialties – wholesale 5199 [Added 5-10-20001 Commercial sport and recreation clubs — [Added 10-25-20001 Uses permitted with a conditional use permit shall be as follows: Standard Industrial Classification Conditional Uses (SIC) Adult retail uses meeting the minimum requirements of this chapter, any conditions imposed by the Board of Supervisors, and with the following minimum conditions: (a) Such uses shall be located at least 2,500 feet from the property line of existing adult retail uses, schools, churches, parks, day-care facilities and residential uses and districts. (b) Such uses shall not be permitted in shopping centers and/or multi -tenant buildings. (c) All merchandise display areas shall be limited to enclosed structures and shall not be visible from the outside. (d) Business signs shall not exceed a maximum of 25 square feet. No wall - mounted signs or window displays shall be permitted. 16617 2-10-2001 § 165-82 FREDERICK COUNTY CODE § 165-82 Standard Industrial Classification Conditional Uses (SIC) (e) Hours of operation shall be limited to between 9:00 a.m. and 11:00 p.m. C. B3 Industrial Transition District. The intent of this district is to provide for heavy commercial activities, involving larger scale marketing or wholesaling, in locations that are separate from but in the vicinity of business and industrial areas. In some cases, such areas may be transitional, located between business and industrial areas. In these areas, there will be a mixture of automobile and truck traffic. Some of the uses in this district will require large areas of land and may have outdoor storage and display. It is intended that the uses in this district shall not be sources of noise, dust, smoke or other nuisances. Such industrial transition areas shall be provided with safe and sufficient access. Standard Industrial Classification Allowed Uses (SIC) Veterinary services with all activities and 074 animals kept within the fully enclosed primary structure [Amended 1-10-20011 Animal speciality services, except 752 veterinary, with all activities and animals kept within the fully enclosed primary structure [Added 1-10-20011 Landscape and horticultural services 078 Offices and storage facilities for 15, 16 and building construction contractors, 17 heavy construction contractors and special trade contractors Commercial printing 275 16618 2-10-2001 394 Major Group 83.—SOCIAL. SERVICES The Major Group as a Whole This major group includes establishments providing social services and rehabilitation services to those persons with social or personal problems requiring special services and to the handicapped and the disadvantaged. Also included are organizations soliciting funds to be used directly for these and related services. Establishments primarily engaged in provid- ing health services are classified in Major Group 80; those providing legal services are classi- fied in Industry 8111; and those providing educational services are classified in Major Group 82. Industry Group Industry No. No. 832 INDIVIDUAL AND FAMILY SOCIAL SERVICES 8322 Individual and Family Social Services Establishments primarily engaged in providing one or more of a wide varie- ty of individual and family social, counseling, welfare, or referral services, in- cluding refugee, disaster, and temporary relief services. This industry includes offices of specialists providing counseling, referral, and other social services. Government offices directly concerned with the delivery of social services to individuals and families, such as issuing of welfare aid, rent supplements, food stamps, and eligibility casework, are included here, but central office adminis- tration of these programs is classified in Public Administration, Industry 9441. Social Security offices are also classified in Public Administration, Industry 9441. Establishments primarily engaged in providing vocational rehabilitation or counseling are classified in Industry 8331; and fraternal, civic, and social associations are classified in Industry 8641. Activity centers, elderly or handi- capped Adoption services Adult day care centers Aid to families with dependent children (AFDC) Alcoholism counseling, nonresidential: except medical treatment Centers for senior citizens Child guidance agencies Community centers Counseling centers Crisis centers Crisis intervention centers Day care centers, adult and handi- capped Disaster services Emergency shelters Family counseling services Family location services Family service agencies Helping hand services Homemaker's service, primarily non- medical Hotlines Marriage counseling services Meal delivery programs Multiservice centers, neighborhood Neighborhood centers Offender rehabilitation agencies Offender self-help agencies Old age assistance Outreach programs Parole offices Probation offices Public welfare centers, offices of Referral services for personal and social problems Refugee services Relief services, temporary Self-help organizations for alcoholics and gamblers Senior citizens associations Service leagues Settlement houses Social service centers Telephone counseling service Traveler's aid centers Youth centers Youth self-help organizations SERVICES 395 Industry Group Industry No. NO. 333JOB TRAINING AND VOCATIONAL REHABILITATION SERVICES .835 836 8331 Job Training and Vocational Rehabilitation Services Establishments primarily engaged in providing manpower training and vo- cational rehabilitation and habilitation services for the unemployed, the un- deremployed, the handicapped, and to persons who have a job market disad- vantage because of lack of education, job skill or experience. Included are up- grading and job -development services, skill training, world -of -work orientation, and vocational rehabilitation counseling. This industry includes offices of spe- cialists providing rehabilitation and job counseling. Also included are estab- lishments primarily engaged in providing work experience for rehabilitees. Community service employment train- ing programs Job counseling Job training Manpower training Rehabilitation counseling and training, vocational CHILD DAY CARE SERVICES 8351 Child Day Care Services Sheltered workshops Skill training centers Vocational rehabilitation agencies Vocational rehabilitation counseling Vocational training agencies, except schools Work experience centers Establishments primarily engaged in the care of infants or children, or in providing prekindergarten education, where medical care or delinquency cor- rection is not a major element. These establishments may or may not have substantial educational programs. These establishments generally care for prekindergarten or preschool children, but may care for older children when they are not in school. Establishments providing babysitting services are clas- sified in Industry 7299. Head Start centers operating in conjunction with ele- mentary schools are classified in Industry 8211. Child care centers Nursery schools Day care centers, child Preschool centers Group day care centers, child Head Start centers, except in conjunc- tion with schools RESIDENTIAL CARE 8361 Residential Care Establishments primarily engaged in the provision of residential social and personal care for children, the aged, and special categories of persons with some limits on ability for self-care, but where medical care is not a major ele- ment. Included are establishments providing 24-hour year-round care for chil- dren. Boarding schools providing elementary and secondary education are classified in Industry 8211. Establishments primarily engaged in providing nursing and health-related personal care are classified in Industry Group 805. Alcoholism rehabilitation centers, resi- dential: with health care incidental Boys' towns Children's boarding homes Children's homes Children's villages Drug rehabilitation centers, residential: with health care incidental ! Group foster homes Halfway group homes for persons with social or personal problems Halfway homes for delinquents and of- fenders Homes for children, with health care incidental Homes for destitute men and women Homes for the aged, with health care incidental Homes for the deaf or blind, with healthcare incidental Homes for the emotionally disturbed, with health care incidental Homes for the mentally handicapped, with health care incidental Homes for the physically handicapped, with health care incidental 396 STANDARD INDUSTRIAL CLASSIFICATION Industry Group Industry No. No, 836 RESIDENTIAL CARE—Con. 8361 Residential Care—Con. Juvenile correctional homes Old soldiers' homes Orphanages Rehabilitation centers, residential: with health care incidental Rest homes, with health care incidental Self-help group homes for persons with social or personal problems Training schools for delinquents 839 SOCIAL SERVICES, NOT ELSEWHERE CLASSIFIED 8399 Social Services, Not Elsewhere Classified Establishments primarily engaged in providing social services, not else- where classified, including establishments primarily engaged in community improvement and social change. Organizations primarily engaged in soliciting contributions on their own account and administering appropriations and allo- cating funds among other agencies engaged in social welfare services are also included, but foundations and philanthropic trusts are classified in Finance, Industry 6732. Civic, social, and fraternal organizations are classified in Indus- try 8641; political organizations are classified in Industry 8651; and establish- ments which raise funds on a contract basis are classified in Industry 7389. Advocacy groups Antipoverty boards Community action agencies Community chests Community development groups councils for social agencies, exceptional children, and poverty Fundraising organizations, except on a contract or fee basis Health and welfare councils Health systems agencies Regional planning organizations, for social services Social change associations Social service information exchanges: e.g., alcoholism, drug addiction United fund councils