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PC 05-07-03 Meeting AgendaAGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia MAY 7, 2003 7:00 P.M. CALL TO ORDER TAB 1) March 19, 2003 Minutes ........................ (A) 2) Committee Reports ................................................. (no tab) 3) Citizen Comments .................................................. (no tab) PUBLIC HEARING 4) Request for Expansion of the Sewer and Nater Service Area (S WSA), submitted by G. W. Clifford & Associates, Inc., on behalf of WWW, L.C., for an addition of approximately 50 acres. This property is located north and adjacent to Route 50 West, approximately 1,700 feet west of the Route 50/Route 37 interchange, and is identified with Property Identification Numbers 52-A-13 and 53-A-79 in the Gainesboro Magisterial District. (Mrs. Kennedy) ................................... (B) PUBLIC MEETING 5) Proposed Technology Zone (Mr. Lawrence) ....................................................... (C) DISCUSSION ITEM 6) Proposed Amendment to the Frederick County Code, Chapter 165, Zoning Ordinance, Article IV, Section 165-24, Height limitations; exceptions, which addresses height exceptions for accessory parts of school structures. (Mr. Camp) .......................................................... (D) 7) Other MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on March 19, 2003. PRESENT: Charles S. DeHaven, Jr., Chairman/ Stonewall District; Roger L. Thomas,Vicc Chairman/Opequon District; John H. Light, Stonewall District; Greg L. Unger, Back Creek District; Cordell Watt, Back Creek District; Pat Gochenour, Red Bud District; Marie F. Straub, Red Bud District; Charles E. Triplett, Gainesboro District; Richard C. Ours, Opequon District; William C. Rosenberry, Shawnee District; Gene E. Fisher, Citizen at Large, Robert A. Morris, Shawnee District; and George J. Kriz, Gainesboro District. Lynda Tyler, Board of Supervisors Liaison; Vincent DiBenedetto, Winchester City Liaison. and Jay Cook, Legal Counsel. STAFF PRESENT: Eric R. Lawrence, Planning Director; Christopher M. Mohn, Deputy Planning Director; Abbe S. Kennedy, Senior Planner; and Renee' S. Arlotta, Clerk. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MEETING MINUTES - JANUARY 15, 2003 Upon motion made by Commissioner Kriz and seconded by Commissioner Straub, the minutes of January 15, 2003 were unanimously approved as presented. COMMITTEE REPORTS Historic Resources Advisory Board (HRAB) - 03/18/03 Mtg. Commissioner Gochenour reported that the HRAB received a presentation by Maral Kalbian on the Frederick County Rural Landmarks Survey, which generated a great deal of discussion. She said that as a result ofthis discussion, a very positive proposal was brought forth by the members present and, there was Frederick County Planning Commission Minutes of March 19, 2003 Page 1016 -2- a consensus for staff to seek the proper avenue to help this proposal come to fruition. Commissioner Gochenour reported that it was proposed that the HRAB would have a longer time frame on an application. She said the Board would like the application at least one month prior to the meeting where it would be discussed. Also, the members felt that it should be the applicant's responsibility to provide the historical information regarding the property up for review. Sanitation Authority (SA) - 03/18/03 Mtg. Commissioner Fisher stated that the SA's engineer reported 6.22 inches ofrainfall in February, resulting in a four -inch rain deficit since July of 1998; the Cover well has been started as a part of the SA's overall groundwater recharge study; the SA awarded a bid for the Parkins Mill sludge de -watering project and one for the Miller Heights sewer project. Winchester City Planning Commission - 03/18/03 Mtg. Commissioner Ours reported that the City Planning Commission recommended approval of the preliminary subdivision of 12 single-family residential lots in the Cedarmeade area; they approved a site plan for Phase I of the First Assembly Sanctuary on Middle Road; and they recommended approval of a rezoning of 4.3 acres from Medium -Density Residential (MR) District to Highway -Commercial (B2) District in the Battle Park subdivision. Commissioner Ours commented the proffer statement submitted with this particular rezoning was one of the most impressive proffer statements he had ever read. Winchester City Liaison, Mr. Vincent DiBenedetto, agreed that the proffer statement was very thorough and noted that Evan Wyatt with Greenway Engineering was the representative on that project. PUBLIC HEARING Rezoning #02-03 of the Winchester Medical Center, submitted by G. W. Clifford & Associates, Inc. to rezone 50.0540 acres from B2 (Business General) to B2 (Business General) with revised proffers, and 51.9676 acres from RA (Rural Areas) to MS (Medical Support). This property is located north and adjacent to Route 50 and west and adjacent to Route 37, and is identified with Property Identification Number 53-A-68 in the Gainesboro Magisterial District. (This application was tabled at the Commission's 02/05/03 meeting.) Action - Recommended Approval with Proffers Deputy Planning Director, Christopher M. Mohn, stated that unresolved issues, regarding corridor design and transportation, resulted in the Planning Commission tabling this application for 30 days with the applicant's consent. Deputy Director Mohn stated that since the February 5, 2003 Planning Frederick County Planning Commission Minutes of March 19, 2003 Page 1017 -3 - Commission meeting, numerous discussions have taken place between applicant and staff to clarify the issues of concern. He noted that the applicant has submitted a revised proffer statement, as well as a revised proffered Generalized Development Plan (GDP), and has sought to resolve outstanding issues concerning project design in various approaches, which include enhanced buffering, establishment of an architectural review committee, entrance sign restrictions, and detailed elevations and renderings of sight design features within the GDP. Additionally, he said the applicant has sought to address outstanding issues involving the project's transportation impacts through proffer revisions that would trigger indefinite suspension of development and a new traffic impact analysis at a designated threshold of traffic generation. Deputy Director Mohn described these revisions to the Commission in detail. In conclusion, he stated that the zoning districts requested through this application are fundamentally consistent with the applicable land use policies ofthe Comprehensive Policy Plan. Commission members had questions regarding the Level of Service (LOS) issues. Commissioner Thomas inquired about the status of Rt. 50 with the projected increase in traffic in 2006 and 2012, if the proposed development did not occur. Commissioner Thomas also inquired if the incremental increase in traffic from the proposed development caused the LOS to deteriorate or if the deterioration below a LOS "C" occurred with normal traffic growth at this location, in particular, because of the potential additional residential development on five -acre lots west of town. Deputy Director Mohn replied that a substantial discussion point between the staff, the applicant, and VDOT has been the acknowledgment that conditions on the Rt. 50 corridor are becoming more difficult with just background traffic generation alone. He pointed out that there was no other outlet for traffic, other than the Rt. 50 corridor, leaving some of the intersections strained. Deputy Director Mohn stated that in order to facilitate coordinated transportation planning in this area, the applicant has included the traffic generation for the WWW project (another adjacent rezoning application that has not yet come before the Commission for review), as a way of ensuring that all potential impacts are considered when developing improvements. Regarding the degeneration of service from Level C to Level D, Commissioners were interested to know if it occurred just at the peak hour or for several hours, and at how many intersections. Mr. Mohn replied that typically, degeneration occurred only at the peak hour at several of the intersections. During the discussion, it was pointed out that raising the LOS from D to C during Phase 2 was dependant on the off-site improvements that the applicant is neither able to guarantee or obligated to complete. Mr. Charles W. Maddox, Jr., with G. W. Clifford & Associates, Inc., and Mr. C. Douglas Rosen, with the Winchester Medical Center (WMC), were available to answer questions from the Commission. Mr. Maddox first addressed the LOS issue raised by some of the Commissioners. Mr. Maddox explained that if this project does not occur, by 2006, the background traffic, growing at 5% a year, will create a LOS "D" at some ramps. It was Mr. Maddox's opinion that with their proposed improvements, the LOS will not degrade further with the trips generated by the WMC. He explained that the applicant will provide an annual traffic count report to VDOT and Frederick County. Mr. Maddox stated that at such time this cumulative total reaches 14,000 trips per day or 70% of the total average weekday trip volume projected at build out, new development will be indefinitely paused through the withholding of site plan approvals, pending completion of a new traffic impact analysis. He said the applicant proffered that development will not be resumed unless or until it is determined that existing infrastructure is adequate to support additional traffic. Also, Mr. Maddox stated that the WMC is committed to the western access, if the Commonwealth Transportation Board (CTB) recommends it. Commissioner Morris raised the issue ofthe Round Hill Land Use Plan and the Comprehensive Policy Plan's intent to provide sewer to the Round Hill area. Commissioner Morris inquired of Mr. Maddox Frederick County Planning Commission Minutes of March 19, 2003 Page 1018 -4 - how the WMC's plan will help to accommodate that intent. Mr. Maddox replied that the proposed development could provide the core in achieving that goal for the existing uses in Round Hill; however, it could not implement the Comprehensive Policy Plan, because the capacity was not available. Mr. Maddox advised that the WWW project, the WMC, and the existing Round Hill area could be serviced by their proposal and the connections could be easily provided, if a public works project was initiated that would finance it. Commissioner Gochenour inquired about the impact of stop and go traffic on air quality and the effects of this project on the quality and quantity of water in the area. Mr. Maddox explained that the Sanitation Authority's recently constructed four -million -gallon water storage tank, located between the Diehl Plant to the south and the Clearbrook facility to the north, provided the ultimate capacity. Mr. Maddox stated that they will be extending a 20 -inch main from the tank down to the Rt. 50 corridor, which will serve the needs of the two projects, along with Round Hill. Mr. Maddox also commented that the City and the County have entered into an agreement to work within EPA guidelines over the next several years in order to allow this area to meet targets created by EPA on air pollution standards. As far as Mr. Maddox was aware, the plan did not call for any restriction on normal growth and development in Frederick County or Winchester. Commissioner Triplett inquired about the possibility of a third lane west of Rt. 37 on the eastbound lane of Route 50, which he believed would be beneficial. Mr. Maddox agreed and stated that they've shown this in their model as being needed "long-term." Mr. Maddox stated, however, that money is not available in their projects to finance that improvement and they have not proffered them. VDOT's Resident Engineer, Mr. Jerry Copp, was invited forward to answer questions from the Commission. Commissioner Thomas inquired about the possibility of the Commonwealth Transportation Board (CTB) approving the western access to the Rt. 37 Medical Center interchange. Mr. Copp replied that the purpose of the limited access was to provide free-flowing traffic. He advised that the County of Frederick would have to demonstrate the absolute need for the break, from a growth and traffic -planning perspective and then, coupled with that, positive engineering on how to make the interchange work. Commissioner Thomas cautioned that without the western access to the interchange, the overall transportation flow from this project, being channeled to one access point on Rt. 37, would cause significant problems on Rt. 50. Commissioner Thomas questioned whether the demonstration of the degradation of the LOS at that interchange from Rt. 50 onto Rt. 37 would be enough to satisfy the CTB. Mr. Copp replied that VDOT's review of 2006 traffic does not indicate traffic backing up on Rt. 37; however, from 2006 and on, VDOT has questions that have not been answered. In addition, Mr. Copp stated that the proposed access across Rt. 37 between campuses may help the situation; he said that it was proposed for vehicles, as well as pedestrians. Chairman DeHaven called for public comments, however, no one came forward to speak. Commissioner Thomas stated that the Development Review and Regulations Subcommittee (DRRS) worked long and hard on developing the Medical Support Zone and he believed this was a good opportunity to use that Zoning. Commissioner Thomas also believed this was a good project for Frederick County and that the WMC was one of the County's valued businesses and services in the area. He was concerned, however, that without the western access to the interchange, substantial degradation of the transportation system would occur. In addition, regardless of the western access, he believed substantial degradation of transportation would occur between now and 2010, unless VDOT conducts substantial improvements in the Rt. 37 Interchange and Rt. 50 West area. Commissioner Thomas believed the benefits outweighed the negatives. In conclusion, he said the Board of Supervisors will have to be the driving force to push that western access and the County will need VDOT's assistance. Frederick County Planning Commission Minutes of March 19, 2003 Page 1019 -5 - Chairman DeHaven stated that the WMC and the WWW project applicants deserve much credit with the way in which they have cooperated and the work they have done to make this a comprehensive study. However, Chairman DeHaven continued to have concerns about the transportation issues. He noted that additional lanes on Rt. 50, a connection to Rt. 522, a western access to Rt. 37, and the 2012 calculations have all been taken into account; however, discussion has not taken place on the fact that there's going to have to be another fairly large portion of development occuring before a connection can even be made to Rt. 37, even if it is approved. He pointed out that there's a big portion of that collector road that isn't included in either one of the proposals; he said that some type of development is going to have to occur to generate the funds to build the road. The other concern Chairman DeHaven had was the fact that the Commission was contemplating approving a project that violates the Comprehensive Policy Plan and this issue would have to be resolved. Beyond that, Chairman DeHaven supported the WMC's expansion. Commissioner Light agreed with previous comments and also strongly believed that the County needed to have the use of the WMC interchange active with the western access. He stressed the importance of working through the Transportation Committee to the CTB to acquire the upgrade of WMC's access. Commissioner Light also suggested that the total development and trip generation be brought back before the Commission at the completion of Phase I for both projects for analysis at 2006 and after. He reasoned that it would be helpful to step back from the project at that point to re-examine the traffic situation and the status of negotiation with the CTB. The Commission commended the Planning Staff and the project engineers for the quality of work and the cooperation between all the parties involved. Upon motion made by Commissioner Kriz and seconded by Commissioner Thomas, BE IT RESOLVED, That by a majority vote, the Frederick County Planning Commission does hereby recommend approval of Rezoning 402-03 of the Winchester Medical Center, submitted by G. W. Clifford & Associates, Inc. to rezone 50.0540 acres from B2 (Business General) to B2 (Business General) with revised proffers, and 51.9676 acres from RA (Rural Areas) to MS (Medical Support). The majority vote on this rezoning was as follows: YES (TO APPROVE): Watt, Unger, Morris, Light, Thomas, Ours, Kriz, Fisher, Triplett, Rosenberry, DeHaven NO: Straub, Gochenour Frederick County Planning Commission Minutes of March 19, 2003 Page 1020 MM DISCUSSION ITEM Discussion on EzPansion of :he Sewer and Water Service Area (SWSA) to include the entire area of the 70.9065 -acre WWW, L.C. site, which is located north and adjacent to Route 50 West, approximately 1,700 feet west of the Route 50/Route 37 interchange. The request would result in the addition of approximately 50 acres to the SWSA. The request has been submitted by Charles E. Maddox, Jr., P.E. of G.W. Clifford and Associates, Inc. on behalf of WWW, L.C. No Action Required Commissioner Light said that he would abstain from discussion on this item, due to a possible conflict of interest. Senior Planner, Abbe S. Kennedy, reported that the staff has received a request from G. W. Clifford & Associates, Inc. on behalf of WWW, L.C., owners of approximately 71 acres of land, for an expansion to the Sewer and Water Service Area (SWSA). Planner Kennedy said that the applicants have requested expansion of the SWSA to include approximately 50 acres of their entire 71 -acre tract, currently zoned RA (Rural Areas); approximately 21 acres of the site are presently located within the SWSA. She also reported that the applicant has also filed a rezoning application to rezone the entire site from RA District to B2 (Business General) District. She explained that the applicant's intent is to coordinate the rezoning request of the Winchester Medical Center (WMC) and WWW, L.C. in order to provide continuity in the extension of water and sewer services to this area. Planner Kennedy said that the applicant is deferring consideration of the WWW, L.C. rezoning petition pending resolution of the SWSA expansion request. Planner Kennedy continued, explaining that the easternmost 21 acres of the site are located within the SWSA and the Phase I boundaries of the Round Hill Community Land Use Plan; the remaining 50 acres subject to this request are located outside of the SWSA and within the Phase 2 boundaries of the Round Hill Plan. She said that each of the phases is planned for business/ office land uses. Planner Kennedy stated that the Comprehensive Plans and Programs Subcommittee (CPPS) reviewed this request during their February 10, 2003 meeting and was generally in favor of the request; however, additional information was deemed necessary prior to consideration by the Planning Commission. Specifically, assurances were desired that this SWSA expansion would facilitate adequate infrastructure capacity to enable future corridor growth and the ultimate extension of water and sewer to the Round Hill Community. Mr. Charles W. Maddox, Jr. with G. W. Clifford & Associates, Inc., the design engineers for the WWW, L.C. project, stated that sewering this existing community would be relatively easy because the drainage follows along Route 803. Mr. Maddox said that a collector line straight up Route 803 will drain flow from existing houses down to a point where it could be pumped over into the collection system that's being proposed by the two applicants, Winchester Medical Center (WMC) and WWW, L.C. He said that obviously, another lift station would be required somewhere to the west to pick up the remainder because of the ridge top that needs to be crossed. He next explained how Phase 2 of the sewer system to Round Hill would involve the long-term plan of the WMC. Frederick County Planning Commission Minutes of March 19, 2003 Page 1021 -7 - Commissioner Morris asked Mr. Maddox, what, in his estimation, would be left beyond the expansion for WWW, L.C., to get the infrastructure extended to the Round Hill community. Mr. Maddox replied that as rule of thumb, it could cost anywhere from $15-20,000 in capital costs per house to service an built 71 .f .. A.f,_.iA aL..a aL.. l .. ,.a.-._..��.. L L., lL,fl1 � 1__ existing built -out community. lull. Maddox believed that tic iiulaauu�,�ulc Shown with the W1V1\- and t1le WWW, L.C. was all that would be necessary to implement the Round Hill Plan, once financial feasibility is established. Commissioner Thomas recognized a water pressure problem on the western part of the site and inquired ifthere was something planned at the site to assist in the attainment of satisfactory water pressure. Mr. Maddox agreed that the higher areas of this site will be low pressure and they will have to boost the pressure here, in addition to boosting the pressure in order to serve Round Hill. Mr. Maddox said that the Sanitation Authority has commented that, as a part of this SWSA expansion request, they will want to see an elevated water storage tank. Mr. Maddox stated that an elevated water storage tank will become a part of this project. Commissioner Gochenour inquired as to how much water was presently available in the existing four -million -gallon -capacity tank and if the tank maintains a given level at all times. Commissioner Gochenour also inquired what water source was used for the tank. Frederick County Sanitation Authority Engineer/Director, Wellington H. Jones, came forward to answer Commissioner Gochenour's question. He identified a water booster station on Rt. 522, just across from Adelphia Cable, built in 1974, which boosts pressure to the tank. Mr. Jones stated that the Sanitation Authority manually operates that booster station and fills it when the tank gets low. Mr. Jones next described the Sanitation Authority's primary water sources which included: the southern water plant (the Diehl Plant) at Stephens City, with a source capacity of 3 1/2 mgd (3 mgd from the quarry and a 1/2 mgd from a well that will go on line this year), and the northern water plant, source capacity of 3 3/4 mgd, making a total of over seven million gallons of source water available. Mr. Jones said that Frederick County's demands are about four million gallons per day. He noted that the Authority has limited the transmission from the northern plant to about 1 1/2 mgd to the service area. Totaling the 3 mgd from the Diehl Plant and the 1 1/2 mgd from the north plant, Mr. Jones explained that the 4 1/2 mgd allows the Authority to meet the current demands of the service area. He said that by the end of this year, the Authority will have a transmission main built from Clearbrook into the service area and can then provide over 7 mgd of water to the Authority's customers. In addition, he said that the Authority has ten million gallons of treatment available. Mr. Jones continued, stating that since the quarries are reservoir, the Authority can, for a short-term basis, spin up and deliver almost ten mgd. He explained that this does not include the two mgd that the Authority can get from the City through its 20 -year contract which ends in the Year 2022; he said the contract allows them an increase to four mgd, if it's available from the City. Mr. Jones added that by the end of this year, the Authority will have over 11 mgd available total source to supply a demand of slightly over 4 million. Mr. Jones stated that considerable work has taken place over the past few years to achieve this position. Commissioner Straub said she understood there were problems with turbidity at the Clearbrook plant. Mr. Jones said the problems involved the operators familiarizing themselves with the new plant, which has been accomplished. He explained that the water industry has a responsibility to pump water from its plants that meets the requirements of the Safe Drinking Water Act; he said they have no desire to violate those requirements. Therefore, he said that when starting up a new plant, the operators are a little skittish and if things don't look like they are going well, they will shut the plant down and regroup; he said this occurred for about two months, however, the plant is running just fine right now. Frederick County Planning Commission Minutes of March 19, 2003 Page 1022 -8 - Commissioner Morris asked if Mr. Jones was satisfied that this particular request did everything reasonably possible to accommodate the Round Hill community with sewer service as designated in the Comprehensive Policy Plan. Mr. Jones replied that the requests before the Commission will definitely bring the sewer and water lines in the vicinity of the Round Hill community. He said that afterward, it's a matter of the feasibility of extending the lines within the community. He said that for the most part, water is easy to extend, but extending sewer is a bit more difficult. For example, Mr. Jones said the Authority just approved building sewer lines to serve the Miller Heights subdivision --a small subdivision of 29 lots on Rt. 50 across from Carpers Valley. He said the cost to extend sewer into that subdivision, even though it is tightly compacted, was about $13,000 per lot; he said it is expensive to serve existing homes. Mr. Jones said the capacity is there to serve Round Hill; the key is trying to finance the project. Commission members voiced support for the SWSA expansion request. Commissioners believed it was inappropriate to split a parcel in half with the SWSA line. They recalled that historically, the Commission's approach has always been to include the entire parcel, if a portion of the parcel was currently included in the SWSA. Commissioners saw no reason not to include this parcel entirely within the SWSA; the parcel was not split geographically by a break in drainage, the entire parcel was within the same drainage basin, and, therefore, it fit well into the sanitary service area. Commissioners were also pleased that this step brought the Round Hill community closer to getting services according to the land use plan. Also, the consensus of the Commission was that an effort needed to take place to align the County's Comprehensive Policy Plan to reflect the decisions currently being made by the Commission. No formal action was taken by the Commission. INFORMATIONAL ITEMS Planning Director Eric R. Lawrence announced that Lord Fairfax Community College will be conducting a four-part regional session entitled, "Shaping the Future," over the next two months. He said the meeting dates are April 16, April 30, May 14, May 28 and if any commissioners were interested in attending, to please let him know. Director Lawrence also announced that the Planning Department will be hosting two public meetings at the Stonewall Elementary School on Tuesday, April 1, and Monday, April 7, at 7:00 p.m. He said this will be an opportunity for the staff to present to the Community the four land use alternatives for the Northeast Land Use Plan. Frederick County Planning Commission Minutes of March 19, 2003 Page 1023 ADJOURNMENT unanimous vote. No further business remained to be discussed and the meeting adjourned at 9:05 p.m. by a Respectfully submitted, Eric R. Lawrence, Secretary Charles S. DeHaven, Jr., Chairman Frederick County Planning Commission Minutes of March 19, 2003 Page 1024 COUNTY of FREDERICK Department of Planning and Development MEMORANDUM TO: Frederick County Planning Commission FROM: Abbe S. Kennedy, Senior Planner *---) RE: WWW, L.C. - SWSA Expansion Request DATE: April 23, 2003 540/665-5651 FAX: 540/665-6395 Staff has received a request from Charles E. Maddox, Jr., P.E. of G.W. Clifford and Associates, Inc. on behalf of WWW, L.C., owners of approximately 71 acres of land, for an expansion to the Sewer and Water Service Area (SWSA). The property is located north and adjacent to Route 50 West, approximately 1,700 feet west of the Route 50/Route 37 interchange in the Gainesboro Magisterial District. Approximately 21 acres of the WWW, L.C. site are presently located within the SWSA. The applicants have requested that the SWSA be expanded to include the remaining 50 acres of the site. The entire 71 - acre tract is zoned RA (Rural Areas) District. Attached to this memo is information that has been prepared by Mr. Maddox in support of this request. An application has been filed by WWW, L.C. to rezone the site from RA to B2 (Business General) to develop a mix of office and retail land uses. The requested SWSA expansion is necessary to facilitate delivery ofthe services necessary to accommodate the proposed commercial development. The applicant therefore agreed with a staff request to defer consideration of the rezoning petition pending resolution of the SWSA issue. Comprehensive Policy Plan: The easternmost 21 acres of the site are located within the SWSA and the Phase 1 boundaries of the Round Hill Community Land Use Plan. The remaining 50 acres that are subject to this request are located outside of the SWSA and within the Phase 2 boundaries of the Round Hill Plan. Each of these phases is planned for Business/Office land uses. (Comprehensive Policy Plan, p. 6-51) As adopted, the Round Hill Community Land Use Plan expressly limits the boundaries of the SWSA and the extension of commercial land use to Phase 1 of the study area and a small portion of Phase 2. The Round Hill Community Land Use Plan further stipulates that commercial development beyond these existing boundaries should be delayed pursuant to a determination that expansion of the SWSA is appropriate. The Plan states the following: "It should be noted that only Phase 1, and a small portion of 107 North Kent Street • Winchester, Virginia 22601-5000 WWW, L.C. SWSA Expansion Request Page 2 April 23, 2003 Phase II, is inside the current Sewer and Water Service Area. It will ultimately be up to the Board of Supervisors to determine when it is appropriate to include other areas of the community within the Sewer and Water Service Area, a necessary first step to extending utilities. Development of any area would be dependent on the availability of appropriate infrastructure; therefore, the plan does not recommend rezoning land within the community for commercial development prior to the provision of central water and sewer." (Comprehensive Policy Plan, p. 6-47) Summary of Comprehensive Plans and Programs Subcommittee (CPPB) Discussion The CPPS reviewed this request during their February 10, 2003 meeting. The CPPS was generally in favor of the request; however, additional information was deemed necessary prior to consideration by the Planning Commission. Specifically, assurances were desired that this SWSA expansion would facilitate adequate infrastructure capacity to enable future corridor growth and the ultimate extension of water and sewer to the Round Hill Community. Summary of March 19, 2003 Planning Commission Discussion At the March 19, 2003 meeting of the Frederick County Planning Commission, Mr. Maddox stated that the infrastructure serving the expansion area would be designed and constructed with sufficient capacity to enable the ultimate extension of water and sewer service to the Round Hill Rural Community Center. It was clarified that although capacity for expansion would be provided, actual extension of sewer and water lines would not occur through the WWW, L.C. development, but rather incrementally through approval of subsequent development proposals along the corridor. Moreover, Mr. Maddox noted that an elevated water storage tank would be installed to ensure adequate water service within the proposed expansion area, pursuant to Sanitation Authority requirements. In general, the Commission favored the requested expansion, citing it as an improtant step toward the provision of public water and sewer service to the Round Hill Rural Community Center. As this request was scheduled as a discussion item, no public comment was received and no formal action was taken by the Commission. However, the Commission concluded its discussion by recommending that the Board of Supervisors schedule this request for public hearing. Summary of April 9, 2603 Board of Supervisors Discussion As this request was scheduled as a discussion item, no public comments were received and no formal action was taken by the Board. The Board agreed that this request should be considered through the public hearing process. Staff was, therefore, directed to schedule the request for its initial public hearing on the next available Planning Commission agenda. ASK/CMM/cih Attachments U:\COMMITTEES\CPPS\W W W_PCpublic_heaiing_wpd gllberl vv- difl rd & 25S-Dc>jat s, i s 1NCO"ORATED 1972 Engineers — Land Planners Water Quality 30 January 2003 Mr. Chris Mohn Frederick County Planning 107 N. bent Street Winchester, Virginia 22601 RE: WWW, LC SWSA Expansion Route 50-W/Round Hill Dear Chris, Boord of Directors- Presidernt: Thomas J. O'Toole. P.E. Vice Presidents: Charles E. Maddox, Jr., P.E. Earl R Sutherland, P.E. Ronald A- Mislowsky, P.E. David I Saunders, P.E. Directors: William L. Wright Michael A. Hammer Thomas W. Price Please consider this letter a request for the Frederick County Planning Coni-nission to adjust the SiNSA boundary in the Round Hill Comprehensive Plan to include the site boundary of the WVW, LC site. I have attached an exhibit which summarizes this request. As you know, the WMC and W VNi, LC are coordinating their rezoning requests in order to provide continuity ie extension of water and sewer services to this corridor. A presentation on the technical issues involved is ontained within the rezoning petitions and the FCSA comments. I am attaching this information for your use. Please also consider this letter as a formal request for you to hold advertising for the rezoning petition until we get a clear indication that expo--sion of the sewer and water service artia will be granted. I understand this issue wffl be reviewed by the FCCPPS on February 10th and we -Mll attend for this discussion. Thank you for your assistance. Sincerely yours, gilbe rlt w. ciifford & associates, inc. C. E. Maddox, Jr., P.E.7vice—p—res-Ijait CETv[W Enclosure i cc: Mr. Ritchie V'i ifluns Mr. Doug Rosen - An: 117 East Piccadilly Strcct_ Suite 200, Vdinclestcr, Virginia 22601 (540) 667-2139 Fax (540) 6654)493 e-mail g-�vcarain(2i�eaithlink-net IVIember,-lmerican Con.5ultlna Ej" lvneery C. ouncil "Coll BE A/1 PROP. ADJUSTMENT TO SWSA LUNE Ac WWPY PROPE-Rly SMSA ADdUSTUENT AREA MAGETER14L DISTRICT P?EDERICY COUNTY KRCMIA NW !TANK ff PROP, SEWER LINE: PROP, WATER LINE Q PROP. SEWER & PUMP STATION gilbert w- c1lifford e&& associates, inc. Er#wan Land Fbratzm wmior CwZ&V 117 E. P -=dilly SL 'Adwster, 'Arghia 22601 ,jOICE- (5j0) 50-2139 FAX, (510) 6&5-N93 09L gw=amdeadhnk Rt• 803 -- WWw PROPERTY rn CONCEPT PLAN )o NJ c AlNE580RU VACIStERIA! 9/5ThICT FREDERICK COUNTY, VIRG/N/A r r 1 if f L7 Silbert w. clifford associates, inc. mol— 1wa Piarvisra Water Cue* 117 E. Ricaflll S1. Winchesier• Ynginid 22601 y0ja. •(540) 667-2U9- FAX: (540) 665-R493 Figure Rezoningi'ouifflents WN, L. C. Frederick County Sanitation Authority bail to: Frederick Co. Sanitation Authority Attn: Engineer P.O. Box 1877 Winchester, VA 22604 (540) 865-1061 Hand deliver to. Frederick Co. Sanitation Authority Attn: Engineer 315 Tasker Road Stephens City, VA fill _mom t €nfnt� : aocc a# as G big rn x er as �> e 10 1 thin` r r .= - a gl�c cai 9 W prn � si to s x ac `:a 0 a� = v-crt Applicant's Name: Gilbert W. Clifford & Assoc. Lnc. Phone: (540)6167-2139 Mailing Address: c/o C. E. Maddox, Jr__ P.E. � 117 E. Piccadilly Street Suite 200 Winchester_ VA 22601 Location of Property- 1700 west of Route 37, just north and adjacent to U.S. Route 50. Current Zoning: RA Zoning Requested: B-2 Acreage: 67.0960 RA B-2 3.4640 RA B-2 0.3465 Sanitation Authority Comments See Page 2 (attached). Sanitation Authority Signature &Date: / ��✓ �� ��i �/�� Notice to Sanitati®n on o Please Return This Form to the Applicant Page 2 RezoninjZ Comments WVJW L.C. The western part of this site is outside the SWSA. The hydraulic grade line of the Authority's water system is not sufficient to provide adequate pressure to this part of the site. The consultant has proposed a water booster station to overcome this problem. However, no water storage is proposed. Provisions of reliable and continuous water service cannot be accomplished economically without storage. If the SWSA is to be expanded for this site, consideration should be given as to any other land in this vicinity that will be included in the SWSA. This will enable proper sizing of a water storage tank. Wastewater from this area will be pumped to the existing gravity sewer lines along U. S. Route 522 near Fox Drive. These lines have limited capacity available for this area and the expansion of the SWSA needs to include an evaluation of the impact on this capacity. riedefick County, v ugima IMPACT ANALYSIS STATEMENT -AND REZONENU AP?LICA-RON MATERIALS FOR REZONFqG REVIEW AND APPROVAL OF THE PROPERTY Gaiaesbo o TNI=u>s#erial D ct October, 2002 Prepared by.- Gilbert y: Gilbert W. Clifford & Associates, Inc. 117 E. Piccadilly Street Suite 200 Winchester, Virginia 22601 Phone: 540-667-2131 Fax:540-665-09493 E-mail: gwcaram c@earthhnL- net WWW G_ C ImpactAnalysis Statement E. Sewage Conveyance and Water Supply In order to provide service to this site a regional pump station and force main system need to be implemented under FCSA policies and procedures. Also a water main extension from north to south is required. The concept of this system was approved during the deGrange rezoning off site easement allowing this extension we've acquired by the FCSA during the western transmission line project extended south along SIA Route 37 from the Stonewall Industrial Park. The water main extension will be a from a 20" main intended to be a link in the west transmission loop shown in the master water plan of FCSA This main coupled with the 4 million gallon northwest tank facflity will provide adequate water quantity for commercial development of the WWW site. Site elevations .will create low pressure zones which are unsatisfactory for commercial water service. In order to provide pressure for daily usage and fire delivery, a booster pump system will be required as shown in Figure 12- A gravity sewer main extension will be required through the Winchester Medical Center site as shown_ The anticipated water demand and sewer flow allocation for the WWW and WMC sites are shown on the attached table. The system proposed is acceptable and manageable in providing sanitary sewer and water service to the proposed commercially rezoned site. PROP. WATER BOOSTER PUMP STATION PRO GRAVITY SEWER oad WATE/SERVICE y �6 o— r www PROPERTY SEwsy & PVATER PLAN 0 eAlj�RCRD VACISiER4L DISTRICT TRQ W/Cd CL NW TANK ":r7 PROP. SEWER SYSTEM -REGIONAL SEWAGE PUMP STATION gilbert w. Clifford �t associates, inc. waieraLuw 117 E Emig SL lixtestff, Virgin 22MI WX (540) 667-2139 F�"-- (Sao) 565--N93 PL%Ly'mr'grl'-,, Figure 12 j ` r%9/ WER, FM ;rCONNECTION r w", WITH FCSA X SYSTEM AT `;` '✓i/r SUNNYSIDE ":r7 PROP. SEWER SYSTEM -REGIONAL SEWAGE PUMP STATION gilbert w. Clifford �t associates, inc. waieraLuw 117 E Emig SL lixtestff, Virgin 22MI WX (540) 667-2139 F�"-- (Sao) 565--N93 PL%Ly'mr'grl'-,, Figure 12 Round Hill The process of formulating a plan for the Round Hill Community began on May 8, 1995 when the Frederick County Comprehensive Plans and Programs Committee (CPPC, a subcommittee of the County Planning Commission) and staff from the Department of Planning and Development, conducted a public meeting at the Round Hill Fire Hall. The CPPC held a second meeting on September 25, 1995 to present the draft Land Use Plan. In response to the opinions expressed by residents of the community throughout the process, and the desires of the Board of Supervisors, the plan recommends leaving portions of the Community Center designated as rural land use. In all, of the 1,100 acres within the community center, roughly 400 to 500 is designated to remain rural land. In conjunction with the recommendation to maintain large amounts of open space adjacent to the core area of the Community Center, the plan also calls for the development of a new zoning category tailored to accommodate rural community uses and building patterns. This recommendation is discussed in more detail later in the report. It should be noted that only Phase I and a small portion of Phase II is inside the current Sewer and Water Service Area. It will ultimately be up to the Board of Supervisors to determine when it is appropriate to include other areas of the community within the Sewer and Water Service Area, a necessary first step to extending utilities. Development of any area would be dependent on the availability of appropriate infrastructure; therefore, the plan does not recommend rezoning land within the community for commercial development prior to the provision of central sewer and water. It is also recommended that as land is developed over time and infrastructure extended, that consideration be given to how this development might further the long range goal of providing sewer to the core area of the community. There are a number of recommendations that are important elements of the proposed phasing. First, given the fairly uniform response from residents of the community, no area is proposed for high density residential development. As mentioned previously, the plan recommends that a new zoning category be adopted prior to development within Phase III, which, among other things, allows residential development within the Community Center at a density in keeping with traditional development patterns for the community. The new zoning classification should establish building location and use regulations which perpetuate existing development patterns. These regulations should be developed following a thorough examination of existing building patterns within the community- Standards addressing such things as minimum and maximum front setbacks and building height for structures within the core area of the community, permitted commercial uses and their scale, the location of parking areas as well as their size, and screening should all be considered_ The intended purpose being to permit the Frederick County 6-47 Comprehensive Plan Figure 13 200 rn O 150 r� 0 100 a.� 50 0 Phase .I 0 T)P.ccrintion of Phases _ _. - Round Dill Community Number of Lois by Acreage 0-112 112-1 1-2 2-5 5anaup Lot Size The first phase in the proposed plan contains approximately 110 acres. The area within the first phase is bounded on the west by the current limits of the Sewer and Water Service Area. The Service Area boundary falls along a natural drainage divide whichr�tnorth-South 3 �-The southern limit 50, approximately of the phase also one half mile west of Route 37, and roughly parallel follows a natural drainage divide. This divide runs in a southeasterly direction beginning near the intersection of Route 803 and Route 50, to a point on Route 37 approximately mid -way between the interchange with Route 50 and the railroad crossing. This phase calls for the establishment of a Business/Office Area immediately adjacent to the Route 37 interchange. Implementation of this phase is anticipated to begin within the near term. for our purposes we have assumed alive -year time frame. Business/Office development would require the extension of public sewer and water. Fredcrick County 6-49 Comprehensive Plan i _ - -. - -- �;-� ._.._ �_ :. � S.. �, .. ��,.... MEMORANDUM TO: Frederick County Planning Commission FROM: Eric R. Lawrence, Planning Director,: y RE: Technology Zone DATE: April 28, 2003 COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/665-6395 Attached is information regarding a proposed Technology Zone sought by the Winchester -Frederick County Economic Development Commission (EDC). This proposal will be presented to the Planning Commission during the May 7, 2003 scheduled public meeting, per Board of Supervisors' directive, to receive review and comment. Staff will forward the comments to the Board of Supervisors for their consideration. Please contact staff with any questions regarding this project. Thank you. ERL/cih Attachment U.\Eric\Common\2003\2003 ItrsUechnology Zone. PC. wpd 107 North Kent Street © Winchester, Virginia 22601-5000 \1 \' INwiNCHESTER 5 FREDERICK COUNTY ' \ Economic Development Commission MEMO DATE April 25 2003 TO: Eric Lawrence, AICP Director, Frederick County Department of Planning and Development FROM: Patrick Barker, AICP Executive Director SUBJECT: Technology Zone On Wednesday, April 23�d, the Board of Supervisors (BOS) approved a motion to bring the proposed Technology Zone to a public hearing at the BOS level. Prior to this public hearing, BOS has directed EDC to forward the appropriate information on the Technology Zone to Frederick County Planning Commission for review and comment. Please include this item for Frederick County Planning Commission's next scheduled public meeting. For background, the EDC is seeking Frederick County to adopt a Technology Zone with a focus on pharmaceutical/biotechnological companies. The City of Winchester is considering to amend their Technology Zone to include pharmaceutical/biotechnological companies, as well. The reasons to adopt a Technology Zone are many. Currently, the pharmaceutical /biotechnological industry is experiencing tremendous growth and becoming a critical cluster throughout Virginia. Examples include, the location of Eli Lilly in neighboring Prince William County and Governor Warner's new Biotechnology Initiative, charged with creating a statewide comprehensive strategy to kick-start the biotechnology industry. The EDC is undertaking a proactive direct marketing campaign to this industry. If approved, the EDC plans to "unveil" the Technology Zone to coincide this year's Biotechnology Industry Organization's annual trade show held in Washington DC during with the week of June 22"d Attachments: 1. Frederick County Code Text 2. Technology Zone Concept 3. Example of impact on local taxes Please advise on any questions and/or comments. 45 E. Boscawen Street S Winchester, VA 22601 phone: 540-665-0973 M fax 540-722-0604 ■ e-mail info@wininva.com web: hftp://www.wininva.com Draft, 04.16.03 ARTICLE XXIV CHAPTER 155 TECHNOLOGY ZONE Art. I. General Provisions, xxxx Art. II. Tax Rebates and Exemptions, xxxx Art. III. Rebate of Land Development Fees, xxxx Art. IV. Education and Promotion, xxxx ARTICLE I - GENERAL PROVISIONS SECTION xxxx. PURPOSE. The County of Frederick finds that the development of its commercial and industrial tax base requires incentives, and determines that the most appropriate method of offering incentives for the area described below is to create a technology zone in that area, as guided and authorized by the Code of Virginia, §58.1-3850. The County believes that the establishment of a technology zone will improve the economic conditions of Frederick County, which could, in turn, benefit the welfare of the citizens following procedures set forth in this article. SECTION xxxx. ADMINISTRATION. The Administrator of the Frederick County Technology Zone shall be the County Administrator or his designee. The Administrator shall determine and publish the procedures for obtaining the benefits created by this chapter and for the administration of this chapter following procedures set forth in this article. SECTION xxxx. DEFINITIONS. For the purposes of this chapter, the following words and phrases shall have the following meanings, unless clearly indicated to the contrary: (a) QUALIFIED TECHNOLOGY BUSINESS. The term qualified technology business shall mean a business, to the extent that it is involved in research and development and/or productions of any product, device, or service that is related to pharmacology and is further defined by the following Standard Industrial Classifications, Industry Groups, by the US Department of Labor: 283 Drugs to include 2833 Medicinal chemical and botanical products 2834 Pharmaceutical preparations 2835 In vitro and in vivo diagnostic substances 2836 Biological products, except diagnostics substances 3699 Ultrasonic cleaning equipment 3841 Ultrasonicmedical cleaning equipment 3845 Audiological equipment, electromedical page 1 of 5 Draft, 04.16.03 3845 Endoscopic equipment, electromedical 3845 Laser systems and equipment, medical 3845 Respiratory analysis equipment, electromedical 3845 Ultrasonic medical equipment, except cleaning 5047 Diagnostic equipment, medical - wholesale 5047 Electromechanical equipment —wholesale 5047 Laboratory equipment, dental and medical — wholesale 5047 Medical equipment — wholesale 5049 Laboratory equipment, except medical or dental — wholesale 7352 Invalid supplies rental and leasing Medical equipment rental and leasing 7629 Medical equipment repair, electrical 7699 Medical equipment repair, except electric 8371 Commercial physical and biological research To qualify, the company must have a minimum of three (3) employees and a taxable investment of at least ten thousand dollars ($10,000). The taxable investment may be established by the value of personal property; real estate owned; or the value of a lease of real property for the operation of the technology business. Existing Frederick County companies outside the boundaries of the technology zone which qualify under any of the criteria set forth above may be qualified as a technology company at the time of the adoption of this ordinance. A company meeting the criteria which moves into the technology zone may also qualify. (b) QUALIFIED ZONE RESIDENT. The term qualified zone resident shall mean an owner or tenant of real property located in the technology zone who expands or improves such property to facilitate the operation of a qualified technology business within the technology zone. The term property for this subsection shall be the unit or units for which a site plan is submitted or for which a building code application is submitted. SECTION xxxx. BOUNDARIES. The technology zone shall be that area located within the Frederick County's Urban Development Area (UDA). Any future modifications to the technology zone's boundaries will parallel those of the UDA. As stated in the above section, existing companies outside of the technology zone's boundary as of the time of the adoption of this ordinance shall be eligible to receive the benefits set forth in this ordinance. page 2 of 5 Draft, 04.16.03 ARTICLE II. TAX REBATES AND EXEMPTIONS SECTION xxxx. TAXES ELIGIBLE FOR REBATE. Qualified technology businesses shall receive a rebate of a percentage of the utility tax on local telephone usage, electric usage and cable television usage imposed by Article of Chapter of the Frederick County Code. (Ord. No.-) SECTION xxxx. TAXES ELIGIBLE FOR EXEMPTION. Qualified technology businesses shall be exempted from a percentage of the following local taxes: The business, professional and occupational license taxes and fees imposed by Chapter of the Frederick County Code. SECTION xxxx. AMOUNT OF REBATE OR EXEMPTION The amount of each type of tax rebate or exemption under xxxx or xxxx shall be a percentage of that tax paid or due by the qualified technology business each year. The percentage rebated or exempted each year shall be determined by the following schedule: Year 1 100% Year 2 80% Year 3 60% Year 4 40% Year 5 20% Year 1 is the calendar year in which the business becomes a qualified technology business if it qualified prior to June 30 of the year. Otherwise, year 1 shall be the year following the year in which the business becomes a qualified technology business. Qualified technology businesses shall receive the tax rebates or exemptions established by this article for five years. Once a business has qualified as a technology business, it shall not be entitled to additional periods of five years or any parts thereof by reason of expansion of investment or number of employees. If a business ceases to be a qualified technology business during a year in which the rebates or exemptions apply, they shall be prorated for the months the business was a qualified technology business. If a majority of the gross receipts of a qualified technology business is derived from the operations which qualify the business, all of its gross receipts shall be included in the rebates and exemptions. If a minority of a business' gross receipts is derived from such operations, the rebates or exemptions shall be applied only to that part of the gross receipts which is based on the sales or services via such qualifying operations. (Ord. No.xxxxxxx) page 3 of 5 Draft, 04 16.03 SECTION xxxx. PROCEDURE FOR REBATE OR EXEMPTION. In the case of rebates, each business desiring inclusion in the program shall pay the taxes listed 111 YYYYY nr YYYYY in fhp rYl;4nner prescrlhind by the FrPriprick C ni Inty Chide, The b SinPcc shall apply to the Administrator for certification as a qualified technology business. The application must be made within twelve (12) months of the month in which the applicant met the definition of a qualified technology business. The Administrator shall investigate such matters. Upon certification and proof that no taxes are outstanding at the time of application, the qualified technology business shall be entitled to the rebates created by this article. The Commissioner shall rebate taxes on a quarterly basis. Failure of the business to pay in full by the due date any of the taxes listed in this article, or other taxes imposed by the County shall result in forfeiture of the rebate of that tax for that year upon a finding by the Administrator that such delinquency is significant. In the case of tax exemptions, the business shall file all necessary tax applications. The business shall apply to the Administrator for certification. The application must be made within twelve (12) months of the month in which the applicant met the definition of a qualified technology business. The Administrator shall investigate such matters. Upon certification and proof that no taxes are outstanding at the time of application, the business shall be entitled to the exemptions created by this article. Failure of the business to pay in full by the due date any taxes imposed by the County shall result in the loss of the exemption for the remainder of the current year, ARTICLE III. REBATE OF LAND DEVELOPMENT FEES SECTION xxxx. APPLICABILITY OF REBATE OF LAND DEVELOPMENT FEES. The fees identified in this article shall be rebated as follows: (1) Any owner of real estate located within the area delineated in Section xxxx of this Code who plans to perform alterations to or to construct a structure in order to allow occupancy by one or more qualified technology businesses may apply, in writing, to the County Administrator, or his designee, for a rebate of the fees described in Sections xxxxx through xxxx, both inclusive, of this Code, provided at least 40% of the cost of the construction, expansion or rehabilitation of the structure is to house a "qualified technology business" as defined by Section xxxxx hereof. (2) The County Administrator, or his designee, shall carefully review the application to determine whether or not the applicant meets the definition of "qualified zone resident" stated in Section xxxx of this Code, and to determine whether or not a "qualified technology business" physically occupies the structure which is the subject of the application, as well as the additional criteria specified in (1), above. (3) Notwithstanding any other provisions of this Chapter, if the County Administrator, or his designee, determines that all of the conditions specified in (1) and (2), above, have been met by the applicant, he is authorized to rebate not more than twenty percent (20%) of the total amount of fees described in this Article and paid by the applicant. page 4 of 5 Draft, 04.16.03 (4) The applicant who initially qualifies hereunder may, thereafter, once each year for a period of five (5) years measured from the date of the first application, reapply for additional rebate of the same said fees, but shall be entitled to no more than twenty percent (20%) per year of the initial total of all such fees. At the time of each such subsequent application, the applicant must meet all of the criteria herein specified, and failure to do so will disqualify the applicant entirely from any further consideration for any additional rebate of such fees. However, an applicant who initially qualifies hereunder for a rebate shall not thereafter be disqualified solely because the qualified technology business is no longer occupying the subject structure if another qualified technology business has replaced it in the same structure. SECTION xxxx. BUILDING PERMIT FEES. Qualified zone residents shall be rebated the building permit fees imposed by Frederick County Code §xxxx. (Ord. No.) SECTION xxxx. ZONING ORDINANCE FEES. Qualified zone residents shall be rebated the fees imposed by xxxx et seq. of the Zoning Ordinance. (Ord. No.xxxx) SECTION xxxx. SUBDIVISION ORDINANCE FEE. Qualified zone residents shall be rebated the charge for the submission of a subdivision plat imposed by the Subdivision Ordinance xxx. (Ord. Noxxxx) SECTION xxxx. NONWAIVER. This article shall not be construed to waive the requirement of any application, permit, or approval from the County as mandated by other code sections. Nothing in this article shall be construed as waiving the right of the County of Frederick to collect any fines or penalties imposed by other sections of the Code. (Ord. Noxxxx.) SECTION xxxx. RESTRICTIONS. SECTION xxxx. EDUCATION AND PROMOTION. The Administrator or his designee shall develop programs to educate the public and potential businesses of the benefits of the technology zone. page 5 of 5 TECHNOLOGY ZONE CONCEPT of a The Winchester Medical Center and its education partner, Shenandoah University, have collaborated in several niches of the health science industry --physical therapy, nursing, hospital administration, etc. The newest addition is the Bernard J. Dunn School of Pharmacy located on the campus of the Medical Center. It is perceived that the pharmaceutical/biotechnological industry offers a good deal of promise for future growth, and the Winchester Medical Center -Shenandoah University partnership is well positioned to become a nucleus of pharmacy/biomedical business development in the community. That companies which establish a business operation in specific geographic areas of Winchester City/Frederick County that meet the criteria of a qualifying pharmaceutical/ biotechnological company would become part of a Technology Zone consortium with specific benefits. Among the benefits would be joint sharing of facilities and personnel/students as described between contractual arrangements between two or more parties. A second benefit would inure in the arena of local taxation. �+I z RX170A 6 Ugii A company which is involved in research and development of and/or production of any product or device that is related to pharmacology as defined by Standard Industrial Code 283, other medical equipment as identified by a variety of SIC codes, as well as 8731, research and development. More than 50% of the company's gross receipts must be derived from the qualifying operations. Qualifying as a Technology Zone company in no way prevents the company from qualifying for other business development programs at either the State or local level. A ercenta a of the utili.4 tax on local tele hone, natural gas and electric usage on the scale below. A percentage of the business license tax on the scale below. RT a to Year 100% Year 2 80% Year 3 60% Year 4 40% Year 5 20% Representing the Board of Supervisors, the Frederick County Administrator or his designee Representing the Winchester City Council, the Winchester City Administrator or his designee 45 E. Boscawen Street, Winchester, VA 22601 Phone: (540) 665-0973; Fax: (540) 722-0604 WINCHESTER] FREDERICK COUNTY Email: info@wininva.com Economic Development Commission Web: www.wininva.com LOCAL TAX IMPACT EXAMPLE A. Company annual property tax payments, non qualifying for Technology Zone benefits, manufacturing operation (approx. 150,000 sq.ft.): Real estate: $43,406 Machinery and tools: $50,408 $93,814 B. Company adds qualifying research and development operation, constructs additional 15,000 sq.ft. in laboratory space. Research and development operations benefit from Technology Zone classification. Additional annual property taxes: Real estate: $ 4,340 Personal property: $10,080 $14,420 C. Total property taxes paid annually: $108,234 D. Temporary tax ioss to county is in the business license tax category, which manufacturers do not pay. Assume qualifying Technology Zone research and development operations generate $1,000,000 per year in income. The tax benefit for the qualifying company is over a five year period. It is the same amount that the county will not be collecting over the same period: Year 1 $3,600 Year 2 $2,880 Year 3 $2,160 Year 4 $1,440 Year 5 720 Total tax saving/loss $10,800 County then collects 100% of business license tax due after year five (in this example, $3,600/year) 45 E. Boscawen Street, Winchester, VA 22601 +tom Phone: (540) 665-0973; Fax: (540) 722-0604 WINCHESTER IFREDERICK COUNTY Email: info@wininva.com �`� Economic Development Commission Web: www.wininva.corn C • r COUNTY of FREDERICK Department of Planning and Development MEMORANDUM' TO: Frederick County Planning Commission FROM: Jeremy F. Camp, Planner II`� DATE: April 23, 2003 RE: Discussion - Proposed Amendment to Section 165-24 (Proposed height exception for specific parts of school structures) 540/665-5651 FAX: 540/665-6395 The Frederick County DRRS recently reviewed and recommended approval of a proposed amendment to Section 165-24; Height limitations; exceptions, of the Frederick County Zoning Ordinance. Greenway Engineering presented the proposed amendment to the DRRS, on behalf of the Lord Fairfax Community College. If approved by the Board of Supervisors, the amendment would allow certain parts of school structures to exceed the maximum height limitation of the underlying zoning district. The amendment would only apply to the parts of a school structure with an accessory function. In other words, the amendment is not intended to increase the number floors a school building can have. It is intended to allow architectural features to exceed the maximum height requirement. Fore example, stage towers, and ceilings of gymnasiums, would qualify for this exemption. Just as with the other height exceptions in the Zoning Ordinance, an increased setback of one foot would be required for every foot over the maximum height of the underlying zoning district. Prior to proposing the subject amendment, the Lord Fairfax Community College met with staff to review their plans to build a cultural arts center on their campus. Primarily due to the stage within the structure, the architectural blueprints ofthe cultural arts center was designed to be 75 feet in height. Staff informed the community college that the proposed cultural arts center is not permitted to exceed 35 feet, the maximum height allowed in the RA Zoning District. Therefore, the proposed amendment would allow the cultural arts center to be built as planned by the Lord Fairfax Community College. It would also; however, apply to all other future school structures in Frederick County. Please review the proposed amendment for discussion during the May 7, 2003 Planning Commission meeting. Attached is a copy of the current ordinance, proposed modifications (showing changes), and proposed ordinance. All comments voiced during the Planning Commission's discussion of the proposed amendment will be forwarded to the Board of Supervisors for their discussion. JFC/ERL/cih U..ICOMM17TEESIDRRSIProjects110031School HeightIPC_DiscussionMemo.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 ABLE OF CURRENT ORDINANCE II. PROPOSED MODIFICATIONS (shows changes) III. PROPOSED ORDINANCE CURRENT ORDINANCE: § 165-24. Height limitations; exceptions. [Amended 4-10-1991 ] A. No structure shall exceed the height limitations described in this chapter. B. Exceptions to height requirements. (1) The maximum height requirements shall not apply to the following: (a) Barns and silos. (b) Belfries. (c) Bulkheads. (d) Chimneys. (e) Church spires and towers. (f) Flagpoles. (g) Monuments. (h) Domes and skylights. (i) Masts and aerials. (j) Radio and television transmission towers and commercial telecommunication facilities. [Amended 4-9-1997] (k) Smokestacks and cooling towers. (1) Utility poles and towers. (m) Water tanks. (n) Windmills. (2) Parapet walls may be up to four feet above the height of the building on which the walls rest. (3) Solar collectors, air conditioners and other mechanical equipment may exceed the height limitations if they are screened from the public view of surrounding properties and rights-of-way. (4) Automated storage facilities in the M1 and M2 Zoning Districts shall be exempt from the maximum height requirement. This exemption shall be granted only when the facility is provided with full sprinkling for fire protection according to the specifications of applicable codes. Such exemptions shall be approved by the Frederick County Fire Marshal. In no case shall the height of these facilities exceed 100 feet in height. (5) All of the above exceptions shall be allowed only if they accomplish the purpose for which they are intended, if they are not intended for human occupancy and if they do not infringe on the solar access of surrounding properties. (6) General office buildings in the B2 and B3 Zoning Districts and hotel and motel buildings in the B2 Zoning District shall be exempt from the maximum height requirement of those zoning districts. In no case shall the height of such buildings exceed 60 feet. When such exemptions are proposed adjacent to existing residential uses, the Planning Commission shall review the site development plan pursuant to the provisions of § 165-37A(3). [Added 3-8-2000 EN] (7) If any of the above exceptions exceed the height limitation of the proposed zoning district, the structure shall be required to be set back the nominal setback or required buffer distance plus one foot for every foot over the maximum allowed height of that zoning district. [Added 6-9-1993; amended 3-8-2000] U:ICOMMI7-TEESIDRRSIProjectsl2003lSchool HeightlCurrent Ordinance.wpd LEGEND • Language removed is shown in ,.t_k t • Language proposed is shaded. PROPOSED MODIFICATIONS: § 165-24. Height limitations; exceptions. [Amended 4-10-1991] A. No structure shall exceed the height limitations described in this chapter. B. Exceptions to height requirements. (1) The maximum height requirements shall not apply to the following: (a) Barns and silos. (b) Belfries. (c) Bulkheads. (d) Chimneys. (e) Church spires and towers. (f) Flagpoles. (g) Monuments. (h) Domes and skylights. (i) Masts and aerials. (j) Radio and television transmission towers and commercial telecommunication facilities. [Amended 4-9-1997] (k) Smokestacks and cooling towers. (1) Utility poles and towers. (m) Water tanks. (n) Windmills. (2) Parapet walls may be up to four feet above the height of the building on which the walls rest. (3) Solar collectors, air conditioners and other mechanical equipment may exceed the height limitations if they are screened from the public view of surrounding properties and rights-of-way. (4) Automated storage facilities in the M1 and M2 Zoning Districts shall be exempt from the maximum height requirement. This exemption shall be granted only when the facility is provided with full sprinkling for fire protection according to the specifications of applicable codes. Such exemptions shall be approved by the Frederick County Fire Marshal. In no case shall the height of these facilities exceed 100 feet in height. (5) All of the above exceptions shall be allowed only if they accomplish the purpose for which they are intended, if they are not intended for human occupancy and if they do not infringe on the solar access of surrounding properties. General FF buildings 7' +hA 7 rl T2Z 7� '.-t, Tlictrietc and hotel nrul motel kv) General oiiice uildings in +,.� B<. and n b �. n 2. buildings in the B2 Zoning District shall be exempt from the maximum height requirement ofthose zoning districts. In no case shall the height of such buildings exceed 60 feet. When such exemptions are proposed adjacent to existing residential uses, the Planning Commission shall review the site development plan pursuant to the provisions of §165-37A(3). [Added 3-8-2000 EN] (7) Structures related to schools without residential components may exceed the maximum height of the underlying zoning district. In no case shall structures exceed 75 feet in height. The only portions of structures related to schools without residential components that may exceed the height in the underlying zoning district are for uses accessory to the primary functions of the structure. (4) (8) If any of the above exceptions exceed the height limitation of the proposed zoning district, the structure shall be required to be set back the normal setback or required buffer distance plus one foot for every foot over the maximum allowed height of that zoning district. [Added 6-9-1993; amended 3-8-2000] U: I COMMI7TEESIDRRSIProjectsl20031Schoo! HeightlModifications.wpd PROPOSED ORDINANCE: § 165-24. Height limitations; exceptions. [Amended 4-10-1991 ] A. No structure shall exceed the height limitations described in this chapter. B. Exceptinns to hPitrhtrPgi„iri rr ty. (1) The maximum height requirements shall not apply to the following: (a) Barns and silos. (b) Belfries. (c) Bulkheads. (d) Chimneys. (e) Church spires and towers. (f) Flagpoles. (g) Monuments. (h) Domes and skylights. (i) Masts and aerials. (j) Radio and television transmission towers and commercial telecommunication facilities. [Amended 4-9-1997] (k) Smokestacks and cooling towers. (1) Utility poles and towers. (m) Water tanks. (n) Windmills. (2) Parapet walls may be up to four feet above the height of the building on which the walls rest. (3) Solar collectors, air conditioners and other mechanical equipment may exceed the height limitations if they are screened from the public view of surrounding properties and rights-of-way. (4) Automated storage facilities in the M1 and M2 Zoning Districts shall be exempt from the maximumheight requirement. This exemption shall be granted only when the facility is provided with full sprinkling for fire protection according to the specifications of applicable codes. Such exemptions shall be approved by the Frederick County Fire Marshal. In no case shall the height of these facilities exceed 100 feet in height. (5) All of the above exceptions shall be allowed only if they accomplish the purpose for which they are intended, if they are not intended for human occupancy and if they do not infringe on the solar access of surrounding properties. (6) General office buildings in the B2 and B3 Zoning Districts and hotel and motel buildings in the B2 Zoning District shall be exempt from the maximum height requirement of those zoning districts. In no case shall the height of such buildings exceed 60 feet. When such exemptions are proposed adjacent to existing residential uses, the Planning Commission shall review the site development plan pursuant to the provisions of § 165-37A(3). [Added 3-8-2000 EN] (7) Structures related to schools without residential components may exceed the maximum height of the underlying zoning district. In no case shall structures exceed 75 feet in height. The only portions of structures related to schools without residential components that may exceed the height in the underlying zoning district are for uses accessory to the primary functions of the structure. (8) If any of the above exceptions exceed the height limitation of the proposed zoning district, the structure shall be required to be set back the normal setback or required buffer distance plus one foot for every foot over the maximum allowed height of that zoning district. [Added 6-9-1993; amended 3-8-2000] U: ICOMMITTEESIDRRSIProjectsl20031School HeightWroposedOrdinance.wpd