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PC 08-07-02 Meeting AgendaAGENDA FREDERICK COUNT`S PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia AUGUST 7, 2002 7:00 P.M. CALL TO ORDER TAB 1) June 5, 2002 and Revised May 1, 2002 Minutes .............................. (A) 2) Committee Reports ................................................ (no tab) 3) Citizen Comments ................................................. (no tab) PUBLIC HEARING 4) Proposed Amendment to Chapter 165, Zoning Ordinance, Article IV, Supplementary Use Regulations, Section 165-48.6, Commercial Telecommunication Facilities. The proposed amendment is intended to establish a minimum setback distance for commercial telecommunication towers when a setback waiver is requested, and to require engineer certification when the requested setback is less than the tower height. (Mr. Camp)......................................................... (B) 5) Proposed Amendment to Chapter 165, Zoning Ordinance, Article V, RA Rural Areas District, Section 165-55 C, Existing Structures. The proposed amendment is intended to clarify that only lots created around existing "dwellings" may qualify for a special 50 -foot side and rear yard setback. (Mr. Camp) ......................................................... (C) PUBLIC MEETING 6) Subdivision #07-02 of MBC, L.C./Frederick County School Board for the Millbrook Drive Access Road to Millbrook High School. This property is located on the north side of Berryville Pike (Rt. 7) and the east side of Denny Lane (Rt. 1220), and is identified with Property Identification Number 55-A-23, 25 and 26 in the Stonewall Magisterial District. (Mr. Davenport)....................................................... (D) DISCUSSION ITEM 7) Discussion on Planning Commission Discussion Items (Mr. Lawrence) ...................................................... (E) 8) 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 June 5, 2002. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; Roger L. Thomas, Vice Chairman/ Opequon District; Charles E_ Triplett, Gainesboro District; George J. Kriz, Gainesboro District; Greg L. Unger, Back Creek District; Cordell Watt, Back Creek District; Robert A. Morris, Shawnee District; William C. Rosenberry, Shawnee District; Pat Gochenour, Red Bud District; Marie F. Straub, Red Bud District; Richard C. Ours, Opequon District; John H. Light, Stonewall District; Gene E. Fisher, Citizen at Large; and Vincent DiBenedetto, Winchester City Liaison. ABSENT: Jay Cook, Legal Counsel. STAFF PRESENT: Eric R. Lawrence, Planning Director; Abbe Kennedy, Senior Planner; Jeremy F. Camp, Planner II; Rebecca A. Ragsdale, Planner I; and Renee' S. Arlotta, Clerk. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MEETING MINUTES - APRIL 17, 2002 and May 1 2002 Upon motion made by Commissioner Ours and seconded by Commissioner Thomas, the minutes of April 17, 2002 were unanimously approved as presented. Upon motion made by Commissioner Unger and seconded by Commissioner Light, the minutes of May 1, 2002 were unanimously approved as presented. Frederick County Planning Commission Minutes of June 5, 2002 Page 871 -2 - COMMITTEE REPORTS Development Review & Regulations Subcommittee (DRRS) - 05/23/02 Commissioner Thomas reported that the DRRS continued their discussions on the woodlands ordinance. Historic Resources Advisory Board (HRAB) - 05/21/02 Mtg. Commissioner Gochenour reported that the HRAB reviewed and recommended approval of a proposal to rezone 15 acres of the Allan property, located on Cedar Creek Grade, from RA to RP. She reported that the site is located within core areas of the Second Battle of Kernstown and within the study area of the First Battle of Kernstown; however, it was pointed out that the historic integrity of the area had already been compromised with existing adjacent development and the site was located within the County's UDA with available City water and sewer. Commissioner Gochenour reported that the other item of review was the Shenandoah Valley Battlefield Grants, which the HRAB reviewed and supported. Sanitation Authority (SA) - 05/21/02 Mtg. Commissioner Fisher reported that the SA's Engineer/Director, Mr. Wellington Jones, stated that due to the Commonwealth's budget cut-backs, their expenses for testing would increase; the SA also received a presentation of their draft 2003 Fiscal Year budget. Winchester Planning Commission (WPC) - 05/02 Mtg. Commissioner Ours reported that the WPC discussed the renewal of the conditional use permit for Camino Real's nightclub on Berryville Avenue and the recommendation was for denial. Commissioner Ours reported there was also an approval of a new subdivision. CITIZEN COMMENTS: Mr. Doug Dolan, a resident of the Red Bud District, came forward to provide general comments on smart growth, housing costs, and home ownership. Mr. Dolan said that growth issues are not unique to Frederick County and localities across the nation are facing issues on how to deal with growth. He Frederick County Planning Commission Minutes of June 5, 2002 Page 872 -3 - gave the Commission statistics on future housing start estimates, the source of future home ownership, and the affects of restricting development on housing costs. Mr. Dolan encouraged the Commission to resist pressures to slow or no -growth stances. PUBLIC HEARING Rezoning #02-02 of Sherwood Bryant, submitted by Painter -Lewis, P.L.C., to rezone 7.8691 acres from RA (Rural Areas) to B2 (Business General) District. This property is located approximately 200 feet east of the intersection of Gore Road (Rt. 751) and Northwestern Pike (Rt. 50), on the south side of Northwestern Pike (Rt. 50), and is identified with Property Identification Number 28 -A -63C in the Back Creek District. Action - Tabled for 60 Days Ms. Abbe Kennedy, Senior Planner, read the background information and review agency comments. Planner Kennedy stated that the site contains approximately 86.4 feet of frontage along Rt. 50, and Rt. 50 at this site is a four-laned, divided highway. She said there is an existing median break directly opposite the entrance for the site, which provides the site with good access and visibility from an arterial highway. Planner Kennedy pointed out that the recently -upgraded entrance to the new post office facility has access easements in place to allow both the parcel containing the new post office and the subject parcel to utilize the same entrance. She stated that the parcel is located within the Gore Rural Community Center; she reported no negative agency review comments. She said a specific use has not been identified; the applicant recognizes that the lack of available sewage treatment facilities will restrict the amount of commercial development on the property. Planner Kennedy next reviewed the proffers submitted by the applicant. She advised that future development ofthe site should consider the predominantly residential and agricultural uses in the vicinity of the subject site. She commented that this request for commercial zoning not only introduces an opportunity for service provisions to the Gore rural community, but also introduces visual and vehicular impacts. Planner Kennedy stated that the applicant could address the concerns of staff by addressing the following issues: increased building and parking lot setbacks; landscape buffer and screening techniques; limiting site access via Route 50 West; establish height limits for structures erected on the site; establish maximum sign heights and square footage that would be appropriate for the rural community center; limiting outdoor lighting and redirecting glare from adjoining properties; and the identification of uses permitted on the site, not those prohibited. Mr. John Lewis of Painter -Lewis, P.L.C. was present to represent the owner and applicant, Mr. Sherwood Bryant. Mr. Lewis said the owner is sensitive to keeping the rural character of the parcel and the owner lives adjacent to the subject parcel. "He noted that because there is no public water and sewer service in the area, the types of businesses able to utilize the site are limited in size and use. He said the owner has identified and eliminated uses by proffer in the B2 zone that are inappropriate for the rural community or which can't be supported without adequate sewer service. Mr. Lewis said they have also limited the total cumulative gross retail office floor area on the site to 40,000 square feet, which results in a floor area ratio (FAR) of 0.12; he said that by limiting the FAR on the property to 0. 12, the owner has ensured a low-density, low -impact Frederick County Planning Commission Minutes of June 5, 2002 Page 873 -4 - development similar to the adjacent commercial uses and it would be in keeping with the rural character of the community. Mr. Lewis commented that they have an NPDES Discharge Permit for 1,000 gallons per day; the existing post office uses 150 gallons, therefore, they have the capacity to place a use that would generate no more than 850 gallons per day. Mr. Lewis further commented that they do not plan to exceed the current design standards that fall in the B2 category of the zoning ordinance. Commissioner Morris inquired if the applicant had considered applying for a conditional use permit (CUP) for the intended use, rather than rezoning the property. Mr. Lewis replied that some of the speculative uses are not permitted under a CUP, but would be allowed under a rezoning, for example, mini - warehouses. Chairman DeHaven commented that the sign heights and square footage requirements in the B2 gone may be excessive ur a : ural community center and he suggested that the applicant take this into consideration. Chairman DeHaven also requested that the applicant consider limiting access to Rt. 50 only, which was reflected in the VDOT comment. Mr. Lewis replied that in his discussions with VDOT concerning the use of Rt. 750 for access, he explained that there may be some use that would be appropriate to have an entrance off of Rt. 750. Mr. Lewis inquired if this issue could be postponed until the site plan stage, when the actual use is known, before eliminating an access on Rt. 750. Chairman DeHaven called for public comments, however, no one was present to speak. Commissioners asked if representatives from VDOT, who were present, could comment on the Rt. 750 access issue. Mr. Steve Melnikoff, VDOT representative, stated that it is VDOT's contention not to have excess traffic on Rt. 750. He said that depending on the use, VDOT would consider an emergency access -type arrangement only, so that fire fighting equipment or emergency vehicles could access the rear of the building. Mr. Melnikoff stated that VDOT would prefer that access to Rt. 750 be prohibited at the rezoning stage and would not want to wait until the site plan stage. Members of the Commission had hoped residents of the Gore community would be present to express their views on the proposal, however, no residents were present. Commission members expressed their opinion of not wanting to see such uses as mini -storage warehouses or used car lots, because it would not be visually attractive from Rt. 5 0; however, they did believe some of the uses the applicant proffered out would be okay in this area. They believed that some new service provisions, properly done, would benefit the community. The benefits of rezoning a "commercial core" in the community center, rather than spreading commercial uses throughout the community, was pointed out. Commissioners suggested that the applicant may want to consider proffering out some additional uses that would be objectionable. Although members of the Commission were generally in favor of the proposal, they believed the applicant's proffer statement needed some clarification, the possibility of limiting sign height needed to be examined, and the applicant needed to re-examine the list of uses that would be prohibited. Upon motion made by Commissioner Thomas and seconded by Commissioner Light, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously table for 60 days Rezoning Application 402-02 of Sherwood Bryant, submitted by Painter -Lewis, P.L.C., to rezone 7.8691 Frederick County Planning Commission Minutes of June 5, 2002 Page 874 -5 - acres from RA (Rural Areas) to B2 (Business General) District, to allow the applicant to contact the residents of the area concerning their view of the proposal, to clarify the proffer statement, to examine the possibility of limiting sign height and size, and to re-examine the applicant's list of prohibited uses. Rezoning #03-02 of Hazel Lambert, submitted by Greenway Engineering, to rezone .73 acres from RP (Residential Performance) to B2 (Business General) District. This property is located at the southwestern corner of the intersection of Senseny Road (Rt. 657) and Greenwood Road (Rt. 656), and is identified with Property Identification Numbers 65A-7-8 and 65A-7-9 in the Shawnee Magisterial District. Action - Recommended Approval with Proffers Mr. Jeremy F. Camp, Planner, read the background information and review agency comments. Planner Camp stated that the rezoning does not directly conflict with the land use goals identified in the Comprehensive Policy Plan, however, the staff believed the application could be substantially improved to more effectively mitigate potential negative impacts. Planner Camp identified the potential impacts and issues which included, the Frederick County Bicycle Plan: the possible designation of additional land for future road improvements and a bicycle lane along Senseny Road; the negative impact to Fire and Rescue Service: provision of efforts to mitigate the projected negative impacts which were projected by the County's Capital Facilities Fiscal Impact Model; the visual impacts resulting from large signs and parking: the consideration of the utilization of less intensive signage and limiting all future parking to the southern portion of the two parcels; the impact of future business uses on existing residential uses: consideration of the provision of additional landscaping, particularly along Senseny Road, and consideration in prohibiting other potentially inappropriate uses. Planner Camp next reviewed the applicant's proffer statement, pointing out several items that needed clarification and providing staff comments on several others. Mr. Mark Smith of Greenway Engineering was representing Hazel Lambert, the property owner. Mr. Smith explained that Mrs. Lambert, a widow, is seeking to increase the value of the property by rezoning it, in order to assist with her retirement. Mr. Smith said that they are aware of VDOT's right-of-way constraints and this issue is addressed in their proffer; he stated they will dedicate right-of-way on Senseny Road and Greenwood Road. Mr. Smith said that he met with the adjoining property owners in Saratoga Meadows and, in those discussions, noise and sound became the issue. He said they offered the sound wall concept, which was acceptable; however, the lot owner to the rear preferred to have landscaping rather than a sound wall. Mr. Smith said he was not aware of the intended bicycle path, but will provide an additional easement, up to 10' in width along Senseny Road, as directed and requested by VDOT. Regarding the proffer made to Fire and Rescue Services, Mr. Smith said that overall, the fiscal impact analysis results were positive for their proposal. Mr. Smith added that he did not address signs or parking in the proffer because he wanted to give the potential future user the full flexibility the ordinance would allow, however, he would be willing to discuss height limitations for signs. Commissioner Straub inquired if this project would still be viable in light of VDOT's intention of widening Greenwood Road and the right-of-way that would be needed. Mr. Smith pointed to a hatched area Frederick County Planning Commission Minutes of June 5, 2002 Page 875 -6 - on a map which was land intended to be dedicated to VDOT for right-of-way. Commissioner Straub expressed concerns about the possibility of a two-story building that would hover over the adjoining property owner's swimming pool. Mr. Smith envisioned the future business structure having a residential flavor to its appearance; he believed a two-story structure was appropriate in this area, especially on this small -sized lot. Chairman DeHaven called for public continents and the following person came forward to speak: Mr. Robert Stiff, adjoining property owner at 104 Stirrup Cup Circle, said that he did have concerns, although some of those concerns have been addressed. Mr. Stiff said he was concerned about the possibility of a two-story structure overlooking his swimming pool and property. He told the Commission that he had erected a fence in his back yard, so some of the uses proposed will be okay with him. He commented on the possibility that the proposed use would improve the appearance of the corner property. He believed the sound wall was an appropriate measure; he believed lighting was still an issue; he was not in favor of a filling station, car lot, or batting cages. Mr. Stiff said that after a user has been identified, he would still like to be included in the approval process. Mr. Stiff thanked the Planning Staff and Mr. Smith for involving him in the process. He believed that developing the property could improve its appearance, if it is done properly. Commissioner Thomas responded to concerns raised about traffic on Senseny Road. He commented that the subject property is a three -quarter -acre commercial area on a corner that will be a neighborhood business and that he believed would not draw traffic from outside of the Senseny Road corridor. He said the developer has shown that he is willing to work with the neighbors; he suggested that the applicant review the proffer statement between now and the Board meeting and perhaps include a statement that the development would be aesthetically compatible with the surrounding residential neighborhood. Chairman DeHaven inquired if the bike path issue was a VDOT-constructed and maintained pathway; he asked if the easement offered by the applicant was a viable alternative to having it exist on dedicated right-of-way. Mr. Jerry Copp, VDOT's Resident Engineer, replied that he knew of no design plans for any bike path; he believed this was a County -initiated concept. In regards to the issue of the design of Greenwood Road to the south raised by another member of the Commission, Mr. Copp stated that while the project is on the outlying years of the Secondary Construction Program, VDOT has not begun any design whatsoever. Mr. Copp explained that when they were approached by the applicant, VDOT used the criteria for the north side of Senseny Road for Greenwood and applied that same criteria to the South side. He commented that this was the best they could do to establish a long-range vision. Chairman DeHaven also commented to the applicant that he believed the sound wall and landscaping easement approach was good, however, he got the impression it was an "either-or" situation. Mr. Smith hoped that if the rezoning was granted by the Planning Commission and the Board of Supervisors, that the Board ofZoning App6als would look favorably on allowing them to construct the wall. He said he did not see a need to add landscaping along the wall, especially on the B2 side and since the wall is intended to be constructed on the property line, there would not be the ability to provide landscaping on the residential side. Mr. Smith added that he would revise the proffer to eliminate the "adult retail" use and would Frederick County Planning Commission Minutes of June 5, 2002 Page 876 -7 - also re-examine some of the other uses; he would revise the proffer to include the provision of a ten -foot easement; he will revise the proffer to state that there will be no windows on the side of the structure facing the swimming pool; and, he would contact they neighbors again before the Board meeting. Mr. Smith intended to keep his option open for permitting a two-story structure; if the rezoning was not approved, they had the option of placing two two-story residential structures on the property. The Planning Commission believed a neighborhood business at this intersection was appropriate; they did not believe a neighborhood business at this location would draw additional traffic from outside of the Senseny Road corridor; they believed that the neighborhood business area needed to be concentrated and not spread out down Senseny Road; they believed the outstanding issues had been addressed by the applicant. Upon motion made by Commissioner Morris and seconded by Commissioner Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Rezoning Application #03-02 of Hazel Lambert, submitted by Greenway Engineering, to rezone .73 acres from RP (Residential Performance) to B2 (Business General) District with proffers submitted by the applicant to include: the provision of a ten -foot easement for a future bicycle path as required by VDOT; the elimination of an "adult retail' use; and the elimination of windows on the west side of any structures. This recommendation was made by the following majority vote: YES (TO APPROVE): Watt, Unger, Morris, Light, DeHaven, Thomas, Ours, Kriz, Fisher, Triplett, Rosenberry NO: Straub, Gochenour Rezoning #04-02 of Kimerly G. Henry, submitted by Painter -Lewis, P.L.C., to rezone .557 acres from B2 (Business General) to B3 (Industrial Transition) District, and .765 acres from B3 (Industrial Transition) to B2 (Business General) District. The parcels are located on Fort Collier Road, between Baker Lane and Huntington Meadows subdivision, and are identified with Property Identification Numbers 54-8-41, 42 and 24, and 54 -A -97L and 97F in the Stonewall Magisterial District. Action - Recommended Approval Mr. Eric R. Lawrence, Planning Director, described the proposed rezoning as an effort to clarify the location of some zoning district lines, utilizing Fort Collier Road as the zoning district boundary, which results in B2 on the south side of Fort Collier Road, and the B3 on the north side of Fort Collier Road. Director Lawrence said that in 1987, the property was rezoned from MI to a combination of B2 and B3. Since that rezoning occurred in 1987, Fort Collier Road was constructed at a slightly different location than when it was proposed as "Gordan Drive" and it actually severed some of the approved zoning. Director Lawrence stated that a subsequent relocation of a proposed road intended to provide a zoning district boundary does not allow the zoning district map to be redrawn when, or if, the proposed road is constructed on an alignment other Frederick County Planning Commission Minutes of June 5, 2002 Page 877 -8 - than what was proposed. He said the proper venue to correct the zoning district boundary is through an approved rezoning by the Board of Supervisors. Mr. John Lewis of Painter -Lewis, P.L.C. was present to represent the applicant Mr. Kimerly G. Henry. Chairman DeHaven called for public comment, however, no one came forward to speak. The Planning Commission had no concerns with the request and was not aware of any significant impacts that could result from the proposed rezoning. Upon motion made by Commissioner Thomas and seconded by Commissioner Ours, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Rezoning Application #04-02 ofKimerly G. Henry, submitted by Painter -Lewis, P.L.C., to rezone .557 acres from B2 (Business General) to B3 (Industrial Transition) District, and .765 acres from B3 (Industrial Transition) to B2 (Business General) District. The parcels are located on Fort Collier Road, between Baker Lane and Huntington Meadows subdivision, and are identified with Property Identification Numbers 54-8-41, 42 and 24, and 54 -A -97L and 97F in the Stonewall Magisterial District. Rezoning Application #05-02 of Red Bud Run, submitted by G. W. Clifford & Associates, Inc., to rezone 1.57.01 acres from RA (Rural Areas) to RP (Residential Performance) District to enable the construction of 300 single-family homes. This property is located north and adjacent to Berryville Pike (Rt. 7), east and adjacent to Woods Mill Road (Rt. 660), directly between Red Bud Road and Berryville Pike (Rt. 7), and is identified with Property Identification Numbers 55-A-105, 106 and 107 in the Stonewall Magisterial District. Action - Recommended Approval with Proffers Mr. Eric R Lawrence, Planning Director, stated that the 157 -acre site proposed for residential land use is located within the County's Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA), it has significant frontage along three state -maintained roads, and it can be served with public water and sewer with adequate capacities. He said that the applicant has submitted a proffer statement to attempt to mitigate the impacts associated with the residential rezoning proposal, which includes a monetary offer to offset costs associated with the capital facilities needs of various County service providers, the offer to limit the number of residential units to 300 single-family lots, the offer to signalize and improve the intersection of Berryville Pike and Woods Mill Road, and plans to construct a new east -west collector road on the site. Director Lawrence pointed out that while the applicant has been working with VDOT over the last year, as of May 23, 2002, VDOT has not reviewed nor commented on the applicant's traffic impact analysis. Director Lawrence advised the Commission to consider tabling the application until a complete review and comment is provided by the Virginia Department of Transportation. Director Lawrence continued, pointing out several issues the applicant should address, as Frederick County Planning Commission Minutes of June 5, 2002 Page 878 -9 - follows: 1) the applicant should consider strengthening the buffer along Berryville Pike in an effort to further preserve the historic viewshed, lessening the visual impact of the proposed development; 2) the applicant should consider the establishment of a buffer and landscape screen along Morgans Mill and Woods Mill Roads to lessen the visual impact of the development; consideration should be given to prohibiting private driveway entrances on Woods Mill Road and Morgans Mill Road; 3) the applicant should provide clarification as to who will own the proffered stream preservation parcel, as well as how: this parcel will be made available for public use; 4) the applicant should provide clarification as to why the traffic impact analysis does not include an information concerning the proposed cross roads on Woods Mill Road, justification as to why and how Morgans Mill Road should be cul-de-sac'd, illustrations as to what improvements to Woods Mill Road would be proposed to accommodate a 100 percent increase in traffic, and the applicant should provide their proposed improvements to Morgans Mill Road to increase sight distance at the proposed collector road connection; and 5) the applicant is encouraged to provide for historical interpretation sites and the preservation of natural and historical viewsheds; it may also be appropriate to establish increased buffers along Berryville Pike, the route utilized for troop movement. Director Lawrence pointed out that this rezoning request was not supported by the HRAB. He noted, however, that the applicant has provided an open space plan, which will provide an environmental and historical preservation corridor along Red Bud Run and along Berryville Pike. Regarding the school system, Director Lawrence noted that the applicant has proffered to construct a minor collector road connecting Woods Mill Road with Morgan Mill Road, which will link the school property with Woods Mill Road, eliminating the need for school bus traffic on Rt. 7. Mr. Charles E. Maddox, Jr., P.E., Vice President of G. W. Clifford & Associates was present to represent the applicants, Patrick A. McTiernan and Thomas M. McTieman. Mr. Maddox discussed ownership of the proffered stream preservation parcel, pointing out that the open space requirements were calculated outside of the 28 -acre stream preservation tract. He stated there were no density issues associated with the proposal. Mr. Maddox also discussed protection of the viewshed along Rt. 7; proposed project phasing for the master plan stage; and he reviewed the planned transportation improvements, including an expansive improvement plan for the Rt. 7 and Woods Mill Road Intersection. Mr. Maddox stated that VDOT has the commitment of the developer to improve Rt. 7 as described, to improve Woods Mill Road, and to provide a minor collector roadway. In answer to questions from the Commissioners, Mr. Maddox discussed the protection of Ash Hollow Run by use of stormwater detention ponds; the protection of Red Bud Run using bi-filtration instead of stormwater detention ponds; and he also spoke about how the integrity of the canyon wall along Rt. 7 had already been compromised by the construction of Rt. 7 and I-81. Commissioner Gochenour voiced her concern about the overcrowding of schools, the County's inability to provide services for the new development, and the fact that the HRAB was not in favor of this proposal. Chairman DeHaven called for public comments and the following persons came forward to speak: Mr. Charlie Boyd, a resident at the northwest corner of the intersection of Red Bud Road and Woods Mill Road, spoke about the heavily -traveled condition of Rt. 7 and he was concerned about the increased traffic impacts, especially at the Morgans Mill intersection. Mr. Boyd was also concerned about the Frederick County Planning Commission Minutes of June 5, 2002 Page 879 -10 - environmental impacts to Red Bud Run and the destruction of wildlife habitat along Red Bud Run. Mr. David Darsey, Stonewall District, commented that Rt. 7 was one of the most dangerous four -lane highways he had ever been on, especially because there were no shoulders along the road. He was concerned the addition of traffic from the new high school and the traffic from the proposed development would create a dangerous situation. Mr. Darsey also expressed concerns that building lots were possibly being proposed for some of the steep slope areas; he believed this would result in siltation problems to Red Bud Run. Mr. Jim Petry, Stonewall District, was in favor of the proposed project. He believed the improvement of the Rt. 7/ Woods Mill intersection depended on this development. Mr. Petry believed the proposed use was an excellent choice for this property; he also believed that people should have the right to use the land they own as they see fit. Mr. Petry stated that the County had the responsibility to provide housing and jobs for people within the community, especially for future generations. Mrs. Pam Kennedy, Gainesboro District, asked the following questions: who this proposal would benefit; what positive benefits will there be to the community; when will the impacts begin to be realized; is infrastructure in place; and, was this the best location. Mrs. Kennedy believed the proposal will negatively impact schools, increase population, increase road use, increase water consumption and sewerage, increase impacts on social services, decrease green area, decrease renewable groundwater, increase surrounding air temperature, increase vehicular traffic, and increase natural resource consumption. Ms. Kennedy said the costs to the community were higher than the benefits to the community; therefore, the proposal was not needed nor was it desirable. Mr. Doug Dolan, Red Bud District, said that from 1993 to 1995 he was co-chairman of the Winchester -Frederick County Battlefield Task Force in developing a comprehensive plan for Winchester and Frederick County, which was eventually incorporated into the Shenandoah Valley Battlefield Network Plan. He named several of the expert historians who also served on the Board at the time. Mr. Dolan commented that the area experienced much activity during the Civil War, however, only a few areas are significant. He believed it was unreasonable to attempt to save it all and, thereby, prevent growth. Mr. Dolan believed impact fees and proffers were eventually paid by the home buyer, not the developer. Mr. Dolan believed increased costs were due to population growth and immigration issues and were not the direct result ofproviding housing. He wondered, if by denying housing proposals, we were implying that people should not come to Frederick County; if we were implying that newcomers should move on. Mr. Dolan believed the proposed development will benefit those people who need housing. Mr. Mark Stivers, a resident of Stephenson, spoke about the ineffectiveness of the public advertisement placed in the newspaper for this proposal because it inadequately informed people whose property might be effected. Mr. Stivers mentioned that the National Park Service had at one time identified this property, along with some others, as a significant historical property. He said the Battlefield Network Plan, mentioned by Mr. Dolan, had left this property out. Mr. Stivers believed this was an oversight and resulted in this property being placed in the County's Urban Development Area (UDA). Mr. Stivers stated that he did not see the required public hearing sign posted on the property. He also noticed a discrepancy in the number of students projected by the school board and the County. Mr. Stivers believed this discrepancy created differences in the economic projections of the County's Fiscal Impact Model and what was actually occurring within the County. He also agreed with others who spoke about the dangerous situation at the Woods Mill Road intersection; he asked why the improvement of this intersection depended upon the promotion of growth at the intersection. Mr. Rivers complimented the owner and engineer on their watershed protection Frederick County Planning Commission Minutes of June 5, 2002 Page 880 -11 - plans; however, he inquired if the public should be prepared to do more to substantiate the evaluations made in the applicant's watershed protection plans, since everyone acknowledges that Red Bud Run is an extremely valuable watershed. Mr. Kevin Kennedy, Gainesboro District, believed this development will take away and degrade the rural nature of the County. Mr. Kennedy was concerned about discrepancies in the traffic projections; he was concerned about the impact of increased vehicular traffic onto intersections that have already been declared to be dangerous; and he was concerned about the costs to the County taxpayers created by this development. Mr. Howard Kittell, Executive Director of the Shenandoah Valley Battlefields Foundation, complimented Mr. Maddox and Mr. McTiernan on the thoroughness ofthe Civil War history included in their proposal, for the proposed environmental controls along Red Bud Run, and for their willingness to discuss proffers and concessions. Mr. Kittell said the Third Battle of Winchester is an extremely important site and is, in fact, equal to the Cedar Creek Battle. He said the only reason the Third Winchester Battle is not being considered as a unit of the National Park Service, even though it met all of the criteria, is because so much of its integrity has already been lost due to the construction of Rt. 7 and 1-81. He said that in 1999, the Board of Supervisors passed a Preservation Plan for Third Winchester which called for the preservation ofthe slopes along this portion of Rt. 7/ Berryville Canyon. Mr. Kittell said the Battlefields Foundation would like the 1999 Preservation Plan to be implemented as a part of this development proposal to ensure those slopes are preserved. He explained that these slopes will be a part of the entrance into a larger Battlefield Driving Tour included in the Network Plan for Frederick County. He also pointed out that the 1999 Preservation Plan recommends that Historic Overlay Zones be incorporated into rural areas when a rezoning is proposed. He requested that the recommendations proposed in the plan be taken into consideration as this particular property is developed. At this point, Chairman DeHaven closed the public comments portion of the meeting. Commissioner Thomas said he appreciated all ofthe public comments and the comments made were issues the Commission has struggled with over the last ten years, such as the proffer system and development costs. He believed the overriding issue here was whether the County wanted 300 homes built "inside the UDA" or "outside of the UDA." Commissioner Thomas disagreed with the summation that if Us plan is disapproved, there will be 300 less homes built in Frederick County. He believed that ifthe homes were not built on this property, within the UDA, they would eventually be built further north on Woods Mill Road, Red Bud Road, or other areas around Stephenson. Commissioner Thomas commented that when this occurs, the impact to the County is that no proffers are received and the operational costs to existing infrastructure increase. Mr. Thomas believed the number of rezonings that occur has no relation to the amount of houses that are built; he believed the number of houses built have a relationship to the population in the County. Commissioner Thomas believed that if the County wanted to preserve rural areas, development needed to occur inside the UDA. Other Commission members commented that this was a very good plan, however, they believed a formal comment was needed from VDOT on the transportation issues before they could forward a recommendation to the Board. Other Commissioners believed there were still unresolved problems with schools and parks and recreation, as well as VDOT. Upon motion made by Commissioner Thomas and seconded by Commissioner Kriz, Frederick County Planning Commission Minutes of June 5, 2002 Page 881 -12 - BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of Rezoning Application #05-02 of Red Bud Run, submitted by G. W. Clifford & Associates, Inc., to rezone 157.01 acres from RA (Rural Areas) to RP (Residential Performance) District to enable the construction of 300 single-family homes on property identified with P.I.N.s 55-A-105, 106 and 107 in the Stonewall Magisterial District. The majority vote was as follows: YES (TO APPROVE): Watt, Unger, Morris, Light, Thomas, Ours, Kriz, Fisher NO: Straub, Gochenour, Triplett, Rosenberry, DeHaven ADJOURNMENT No further business remained to be discussed and the meeting adjourned at 11:00 p.m. by a unanimous vote. Respectfully submitted, Eric R. Lawrence, Secretary Charles S. DeHaven, Jr., Chairman Frederick County Planning Commission Minutes of June 5, 2002 Page 882 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 May 1, 2002. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; Roger L. Thomas, Vice Chairman/ Opequon District; Charles E. Triplett, Gainesboro District; George J. Kriz, Gainesboro District; Greg L. Unger, Back Creek District; Cordell Watt, Back Creek District; Robert A. Morris, Shawnee District; William C. Rosenberry, Shawnee District; Pat Gochenour, Red Bud District; Marie F. Straub, Red Bud District; Richard C. Ours, Opequon District; John H. Light, Stonewall District; Gene E. Fisher, Citizen at Large; and Jay Cook, Legal Counsel. ABSENT: Vincent DiBenedetto, Winchester City Liaison. STAFF PRESENT: Evan A. Wyatt, Planning Director; Eric R. Lawrence, Deputy Planning Director; Patrick Davenport, Zoning and Subdivision Administrator; Jeremy F. Camp, Planner II; Abbe Kennedy, Senior Planner; Rebecca A. Ragsdale, Planner I; and Renee' S. Arlotta, Clerk. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MEETING MINUTES - MARCH 20, 2002 Commissioner Kriz pointed out a typographic error on Page 2. Upon motion made by Commissioner Kriz and seconded by Commissioner Fisher, the minutes of March 20, 2002 were unanimously approved with the correction as noted. COMMITTEE REPORTS Development Review & Regulations Subcommittee (DRRS) - 04/25/02 Commissioner Thomas reported that the DRRS discussed the woodlands ordinance and is seeking ways to improve the ordinance. He stated that the DRRS's discussion centered around the definition of a "woodland" and acceptable ways to preserve woodlands. Frederick County Planning Commission Minutes of May 1, 2002 Page 854 -2 - PUBLIC MEETING Waiver Request of Charles and Jolene Orndoff, submitted by GreyWolfe, Inc., for an exception to the Frederick County Subdivision Ordinance, Chapter 144-17(G) regarding cul-de-sac lengths. The property is identified with P.I.N. 33 -A -87A in the Stonewall Magisterial District. Action - Approved Chairman DeHaven stated that he would abstain from discussion and vote on this item because Mr. Orndoff had appointed him to his position on the Planning Commission. Chairman DeHaven turned the conduction of the meeting over to Vice Chairman Thomas. Commissioner Light said that he also would be abstaining from discussion and vote on this item because he, too, had been appointed to the Planning Commission by Mr. Orndoff. Zoning and Subdivision Administrator, Patrick T. Davenport, stated that the staffhas received a request from Mr. Gary Oates of GreyWolfe, Inc. who is representing Charles and Jolene Orndoff, for a waiver to the minimum cul-de-sac length requirement in order establish a rural preservation subdivision on undeveloped property. Administrator Davenport explained that the approximately 115.84 -acre tract, zoned RA, is situated at the terminus of Timber Lakes Lane (Rt. 811), and the proposed preservation parcel, accessed by Thistle Lane, contains frontage along I-81. He further explained that the applicant wishes to have the preservation parcel encompass the agriculturally -productive portion of the property; the applicant has stated that the proposed lots are located where the property is least suitable for agricultural activities. Administrator Davenport stated that a large portion of agricultural land will be permanently preserved, if this design configuration is approved, which meets the intent of the rural preservation concept. Administrator Davenport continued, advising that if the Commission determines the waiver to be appropriate, several items should be incorporated into the motion for approval, such as: 1) Incorporating Fire and Rescue comments into the roadway design plan; and 2) should the proposed layout be altered as a result of inability to obtain health systems, the revised layout will need to be resubmitted for consideration by the Planning Commission. The Commissioners had questions regarding the Fire and Rescue comments, the type of health systems that would be provided, and whether school buses would be able to get in and out of the subdivision. Administrator Davenport advised that Fire and Rescue was more interested in the width of the cul-de-sac, rather than the length, and whether it was wide enough to make a three-point tum; the soil work for the well and septic systems was being held off pending the outcome of the waiver request; and school buses would be able to turn around in the proposed cul -de -sat. Administrator Davenport pointed out that the applicant could design a loop road with more lots than currently proposed as a by -right use and no waiver would be needed; he said that Timber Lakes Lane is presently a dead-end street. Mr. Gary Oates, representing the Omdoffs, stated that he met on-site with VDOT representatives and they are in favor of the cul-de-sac design. Mr. Oates said he has no problems meeting Fire Frederick County Planning Commission Minutes of May 1, 2002 Page 855 -3 - and Rescue comments, as they follow the standard VDOT designs. Mr. Oates inquired if he would be required to bring the design plan back to the Commission, if the cul-de-sac length turns out to be shorter than originally requested. Vice Chairman Thomas replied that if the cul-de-sac length is shorter than requested, Mr. Oates would not need to come back before the Commission. Commissioner Rosenberry inquired if there were any restrictions on the width -to -depth ratio of the proposed lots. Administrator Davenport replied that the four -to -one depth -to -width ratio has been met on all of the lots. Vice Chairman Thomas called for public comments, however, no one came forward to sneak. Commissioner Morris believed that in light of what could be done on this property by -right, this proposal was considerably more desirable, especially the road extension to VDOT standards, the cul-de-sac for fire and rescue and school bus turnaround, and the rural open space to be preserved. Upon motion made by Commissioner Morris and seconded by Commissioner Ours, BE IT RESOLVED, That the Frederick County Planning Commission does hereby grant the waiver request for an exception to the Frederick County Code, Subdivision Ordinance, Chapter 144-17(G) regarding cul-de- sac lengths, by Charles and Jolene Omdoff, with the provision that should the cul-de-sac length be lengthened as a result of designing the health systems, the proposed layout will be brought back before the Commission for review. The vote on the granting of this waiver was as follows: YES (TO APPROVE THE WAIVER): Straub, Watt, Unger, Morris, Ours, Kriz, Fisher, Triplett, Rosenberry, Thomas NO: Gochenour ABSTAIN: DeHaven, Light Vice Chairman Thomas relinquished the chair back to Chairman DeHaven. Chairman DeHaven continued with the conduction of the meeting. Substantial in Accord Review of the Water and Sewer Facility Plan for the Northeastern Sewer and Water Service Area (SWSA), as submitted by the Frederick County Sanitation Authority, for conformance to the County's Comprehensive Policy Plan. Action - Recommended Approval Frederick County Planning Commission Minutes of May 1, 2002 Page 856 -4 - Deputy Director Eric R. Lawrence stated that the Sanitation Authority has submitted to the County a master plan for water and sewer facilities for the Rt. 11 North Service Area. Deputy Director Lawrence explained that this master plan provides the general location of the proposed water transmission mains and the sewer force mains that will facilitate utility services in the northeast portion of the County. He said that a recommendation is needed from the Commission concerning whether the Sanitation Authority's proposed master plan for the Rt. 11 North Service Area is substantially in accord with the 2000 Comprehensive Policy Plan. Deputy Director Lawrence continued, stating that the 2000 Comprehensive Policy Plan, which was adopted by the Board of Supervisors on September 27, 2000, included this area within the Sewer and Water Service Area (SWSA). Deputy Director Lawrence said that the Sanitation Authority's service area proposal is consistent with the SWSA boundaries in the 2000 Comprehensive Policy Plan. Sanitation Authority Engineer -Director, Mr. W. H. Jones, P.E., stated that the Sanitation Authority proposes facilities to serve the Northeast Land Use Plan, specifically the SWSA designated in that plan and he described the location of the facilities proposed, as follows: from I-81, in the vicinity of Welltown Pike, to Clearbrook, paralleling the Winchester & Western Railway, on the east side (Rt. 11 side) of the railroad; a sewer force main, varying in diameter from six to ten inches, extended to the existing Redbud Run Pump Station, which is in the vicinity of Miller Milling in the Ft. Collier Industrial Park; a 20 -inch water transmission main, which will connect to a transmission main along Rt. 672, from the Northern Water Plant, currently under construction. Mr. Jones explained that the transmission main is needed in order to provide transmission capacity for their source water supply at the Northern Water Plant. Mr. Jones explained that the existing transmission main along Rt. 11 is limited in its capacity to less than one -and -a -half million gallons per day (mgd); the Northern Water Treatment Plant under construction has a four mgd capacity; and the source water supply is 3.75 mgd. He said the Authority is seeking to build the transmission main along the railroad at this time in conjunction with the project to serve VDOT's I-81 rest area with water and sewer. He added that the Authority has also proposed water and sewer facilities to extend to VDOT's rest interchange area on 1-81; these will generally follow Route 11 on the highway right-of-way from Clearbrook to VDOT's rest area. He further added that a sewer force main will be extended and all of the wastewater from this area will be pumped back to the existing Sanitation Authority's sewer lines in the Ft. Collier Industrial Park. Mr. Jones continued, stating that the six mgd water capacity available from Clearbrook South can be transmitted through the 20 -inch main and, going north from Clearbrook, about one to one -and -a -half mgd is available. Mr. Jones said the Sanitation Authority believes this is adequate capacity to serve the area at this time. In addition, they believe the sewer line will have adequate capacity to serve what is reasonably expected in that area, should development occur. Chairman DeHaven stated for the record that since the proposed sewer line will be crossing property that he owns, he would not vote on this item. Commissioner Rosenberry 'inquired whether Mr. Jones was confident that the Sanitation Authority will have access to the required water. Mr. Jones replied yes. Mr. Jones said that this transmission main will provide the means to transmit the 3.75 million gallons of water available at the Clearbrook Plant, and the capability to treat it, to the Sanitation Authority's customers. He explained this is why the transmission line is need; the Authority can only transmit up to 1-1/2 mgd presently. Frederick County Planning Commission Minutes of May 1, 2002 Page 857 -5 - Commissioner Straub inquired where the funds would come from to pay for the extension. Mr. Jones mentioned three sources: contributions by landowners who desire access to the sewer line; $1 million dollars from VDOT so they can have water and sewer access for their new visitors center site; and funds borrowed by the Sanitation Authority, through revenue bonds, which will be paid by users of the system. Commissioner Straub asked if there would be rate hikes for current users of the system and Mr. Jones replied no. Commissioner Straub said she heard a story that the septic system at Stonewall School was damaged by the contractor with heavy equipment and this was the reason a pump and haul is done there. Commissioner Straub inquired if there was any money forthcoming from that contractor to extend the line to Stonewall. Mr. Jones told Commissioner Straub that she would have to talk with the School Board about it; he said that although he was not familiar with the reasons why they have a pump and haul operation there, he knew it was being done because the Sanitation Authority monitors and conducts the operation for the School Board. Mr. Jones added that there was also a pump and haul operation from the Clearbrook Park. He said the same contractor works the school during the school season and then works the park when school is closed. Commissioner Rosenberry asked if citizens would be required to hook up to the system. Mr. Jones replied no and gave an explanation as to why this is not recommended. Commissioner Gochenour asked Mr. Jones to identify the water sources. Mr. Jones stated there is 2.2 mgd available from the Clearbrook quarry, 1 mgd from the Whetzell Spring Well, and 1/2 mgd from the well on the plant site. Numerous other questions regarding protection of the water sources were discussed. Chairman DeHaven called for public comment and the following person came forward to speak: Mr. John Goode, a citizen of the Stonewall District, came forward to speak in favor of Mr. Jones' proposal. Mr. Goode read several ofthe objectives from the current adopted Comprehensive Policy Plan and believed the proposed Northeastern Sewer and Water Service Area Facilities Plan was in conformance with that plan. He stated that he, and other members ofthe Rt. 11 North Sewer Organizing Committee, have worked over several years in an attempt to sewer this area of Frederick County and Mr. Jones' submittal is consistent with those plans. Mr. Goode also commented that most of the infrastructure proposed, the force mains, the gravity flow, the pump stations, etc., are paid for with private funds and not by taxpayers. Mr. Frank March with Seaward International, Inc., located in the Clearbrook area, agreed with Mr. Goode's comments and stated Seaward International's support for the proposed Water and Sewer Facilities Plan. Mr. March said that he served as Vice Chairman of the Stonewall Sanitary Organizing Commission for Sewer, and their work was done in conformance with the Comprehensive Policy Plan. He said that Mr. Jones' Sewer and Water Facilities Plan for the Northeastern Sewer and Water Service Area supports the work that was accomplished by his committee. Commissioners supported the Sanitation Authority's objective of continuing to seek out additional access to additional water resources for the production of greater quantities. Commissioners believed Mr. Jones' proposal for the Water and Sewer Facility Plan for the Northeastern Sewer and Water Service Area wasin accordance with the adopted Comprehensive Policy Plan and forwarded a recommendation Frederick County Planning Commission Minutes of May 1, 2002 Page 858 of approval to the Board of Supervisors. Upon motion made by Commissioner Thomas and seconded by Commissioner Ours, BE IT RESOLVED, That the Frederick County Planning Commission does hereby endorse the Water and Sewer Facility Plan for the Northeastern Sewer and Water Service Area as being in accordance with the adopted Comprehensive Policy Plan and, therefore, recommends approval of the plan to the Board of Supervisors. YES (TO APPROVE): Rosenberry, Triplett, Fisher, Kriz, Ours, Thomas, Morris, Unger, Watt NO: Gochenour, Straub ABSTAIN: DeHaven, Light DISCUSSION Request by Greenway Engineering to Expand the Sewer and Water Service Area (SWSA) to incorporate a 10 -acre site, zoned RA, owned by Beverly Shoemaker, and identified with P.I.N 86-A-81, zoned RA (Rural Areas) District. This property is located on Fairfax Pike (Route 277), east of Double Church Road, in the Opequon Magisterial District. The property is currently utilized as a residence. No Action Required Deputy Director Lawrence stated that staff had received a request from Mark Smith of Greenway Engineering for the expansion of the Sewer and Water Service Area (SWSA) to incorporate a 10.03 - acre parcel located on Fairfax Pike in the Opequon Magisterial District. Deputy Director Lawrence recalled that recently, the County undertook a study to extend the SWSA in the general vicinity ofHudson Hollow Road and Fairfax Pike (Rt. 277), which was ultimately approved by the Board of Supervisors. He noted that this parcel is zoned RA and contains a residence, which the property owner intends to ultimately utilize as an office. Deputy Director Lawrence stated that the Comprehensive Plans and Programs Subcommittee (CPPS) considered this request during their meeting on April 8, 2002 and recommended inclusion of the 10 - acre tract into the SWSA. He said that the CPPS also restated their recommendation that all of the properties along the south side of Fairfax Pike, from Double Church Road to Sherando High School, should be included in the SWSA. Mark Smith of Greenway Engineering said that he is currently processing a conditional use permit to move the three employees from the older structure into the newer house because of the timing involved in processing a request for inclusion in the SWSA. Mr. Smith said this area is not a residential area and he plans to seek a rezoning in the near future, should the SWSA request be approved. Commission members discussed with Mr. Smith his intentions for the property. Frederick County Planning Commission Minutes of May 1, 2002 Page 859 -7 - Chairman DeHaven called for public comments, however, no one came forward to speak. Members ofthe Commission agreed with the recommendation ofthe CPPS that all of this area should be included in the SWSA because of the existing zoning and planning that has existed for that area. Discussion concerning proposed amendments to the Frederick County Code, Chapter 165, Zoning Ordinance, pertaining to the regulation of nonconforming uses, structures, and signs. Changes are proposed to Sections 165-148,165-149, 165-150, 165-151, 165-152, 165-153, and 165-156. The DRRS and staff have drafted the text amendments for consideration by the Planning Commission and the Board of Supervisors. No Action Required Planner Jeremy F. Camp stated that the Development Review and Regulations Subcommittee (DRRS) and the staff have worked together preparing draft amendments to the Frederick County Zoning Ordinance dealing with requirements for nonconforming uses. He explained that the proposed text amendments would clarify and increase the County's ability to regulate the sites of legally nonconforming uses, structures, and signs. He said the staff and the DRRS believed it was prudent to require that the nonconforming elements in the County be brought up to current design standards when an expansion is sought; the problem with the current ordinance is that it only requires the expanded area to meet current design standards. Planner Camp stated that the proposed amendments would go beyond current requirements by taking the entire site into consideration. He noted, however, that the amendments do allow for a small one-time expansion of legally nonconforming uses and structures without having to modernize the entire site. He added that after the one- time expansion, the new amendments would require the entire site to be brought into compliance with any future expansion. The staff and Commission reviewed and discussed the proposed changes. Commission members were in favor ofthe proposed amendments as presented by the staff and DRRS; they noted that this was an appropriate revision of another section of the ordinance that needed clarification. Commissioners instructed the staff to proceed with the discussion at the Board level and then, ultimately, a public hearing. OTHER RESOLUTION OF APPRECIATION FOR EVAN A. WYATT DEPARTING PLANNING DIRECTOR Chairman DeHaven said that Planning Director Evan A. Wyatt began employment with Frederick County on January 17, 1989 and his last day will be May 3, 2002. Chairman DeHaven read a Frederick County Planning Commission Minutes of May 1, 2002 Page 860 -8- Resolution of Appreciation from the Planning Commission to Director Wyatt for his service. Upon motion made by Commissioner Ours and seconded by Commissioner Kriz, the Planning Commission unanimously approved the Resolution of Appreciation. ADJOURNMENT No further business remained to be discussed and the meeting adjourned at 9:00 p.m. by a unanimous vote. Respectfully submitted, Eric R. Lawrence, Secretary Charles S. DeHaven, Jr., Chairman Frederick County Planning Commission Minutes of May 1, 2002 Page 861 TO: FROM: RM COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 54W665-6395 MEMORANDUM Frederick County Planning Commission Jeremy F. Camp, Planner H F-1 Public Hearing - Minimum Setbacks for Commercial Telecommunication Facilities DATE: July 24, 2002 In response to a request from the Planning Commission, the Development Review and Regulations Subcommittee (DRRS) has prepared a draft text amendment to Section 165-48.6, Commercial Telecommunication Facilities. If approved, the amendments will establish a minimum setback distance for commercial telecommunication towers when a setback waiver is requested, as well as require engineer certification when the requested setback is less than the tower height. The changes will provide clear guidelines for the Planning Commission and the Board of Supervisors to follow when reviewing applications for a new commercial telecommunication tower. Please review the proposed amendments attached with this memorandum for a public hearing during the August 7, 2002 Planning Commission meeting. The Planning Commission expressed to staffthat they felt the proposed amendment was appropriate during their June 19, 2002 meeting. The Board of Supervisors directed staff to schedule a public hearing for the proposed text amendments during their July 10, 2002 meeting. Changes are proposed only to Section 165-48.6, Commercial Telecommunication Facilities. JFC/ Attachment U: I COMMITTEESIDRRSIPROJECTSITELECOMMUNICATIONDAMAGEZONEIBOSDISCUSSIONMEMO.DOC 107 North ;Kent Street • Winchester, Virginia 22601-5000 Proposed Amendment: 165-48.6. Commercial telecommunication facilities. [Added 4-9-1997; amended 7-8-19981 The intent ofthis section is to ensure that the siting of commercial telecommunication facilities occurs through the conditional use permit public hearing process defined in Article III of this chapter. Commercial telecommunication facilities that locate on existing structures and towers shall be exempt from the conditional use permit requirement. The siting ofcommercial telecommunication facilities is permitted within the zoning districts specified in this chapter, provided that residential properties, land use patterns, scenic areas and properties of significant historic value are not negatively impacted. A. Information required as part of the conditional use permit application shall include, but not be limited to, the following: (1) A map depicting the search area used in siting each proposed commercial communications facility. (2) Identification of all service providers and commercial telecommunication facility infrastructure within a proposed search area. The applicant shall provide confirmation that an attempt to collocate on an existing telecommunication facility has been made. (3) Information demonstrating that the commercial telecommunication facility is in compliance with the Federal Communication Commissions established ANSMEEE standards for electromagnetic field levels and radio frequency radiation. (4) An affidavit signed by the landowner stating that he/she is aware that he/she may be held responsible for the removal of the commercial telecommunications facility as stated in § 165-48.6B(7). B. The following standards shall apply to any property in which a commercial telecommunication facility is sited, in order to promote orderly economic development and mitigate the negative impacts to adjoining properties: (1) The Planning Commission may reduce the required setback distance for commercial telecommunication facilities as required by § 165-2413(6) (7) of this chapter if it can be demonstrated that the location is of equal or lesser impact. When a reduced setback is requested for a distanee less than the height of the tower, a certified Vir is engineershall provideveerification.tothePl Conmassion that the tower is deaigned, and will be constructed, in a matter that if the tower collapses for any reason the caMpsed tower will be contained in an area around the tower with a radius equal to or lesser than the setback, measured from the center line of the base of the tower. In no case shall the setback dwtance be reduced to less than 2 the distance of the giver height. Commercial telecommunication facilities affixed to existing structures shall be exempt from setback requirements, provided that they are located no closer to the adjoining property line than the existing structure. 2) Monopole -type construction shall be required for new commercial telecommunication towers. The Planning Commission may allow lattice -type construction for new telecommunication towers that are located outside the Urban Development Area and are not adjacent to properties that are identified historic sites. 3) Advertising shall be prohibited on commercial telecommunication facilities except for signage providing ownership identification and emergency information. No more than two signs shall be permitted. Such signs shall be limited to 1.5 square feet in area and shall be posted no higher than 10 feet above grade. 4) When lighting is required on commercial telecommunication facility towers, dual lighting shall be utilized which provides daytime white strobe lighting and nighttime red pulsating lighting unless otherwise mandated by the Federal Aviation Administration or the Federal Communications Commission. Strobe lighting, shall be shielded from ground view to mitigate illumination to neighboring properties. Equipment buildings and other accessory structures operated in conjunction with commercial telecommunication facility towers shall utilize infrared lighting and motion -detector lighting to prevent continuous illumination. 5) Commercial telecommunication facilities shall be constructed with materials of a galvanized finish or painted a noncontrasting blue or gray unless otherwise mandated by the Federal Aviation Administration or the Federal Communication Commission. 6) Commercial telecommunication facilities shall be adequately enclosed to prevent access by persons other than employees of the service provider. Appropriate landscaping and opaque screening shall be provided to ensure that equipment buildings and other accessory structures are not visible from adjoining properties, roads or other rights-of-way. 7) Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such tower shall remove same within 90 days of receipt of notice from the Frederick County Department of Planning and Development. Removal includes the removal of the tower, all tower and fence footers, underground cable and support buildings. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower. If the tower is not removed within the ninety -day period, the county will remove the facility and a lien may be placed to recover expenses. U.• I COMMITTEESI DRRSI Projects I Telecommun icationDamageZone l textamendmentl65-48.6. wpd COUNTY 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 gw�-- RE: Public Hearing - Existing Structure (Dwelling) Setbacks DATE: July 24, 2002 Section 165-55C of the Frederick County Zoning Ordinance allows a subdivided parcel in the Rural Areas Zoning District to have reduced side and rear setbacks whenever created around an existing structure. The normally required side and rear setbacks for an orchard (200') or an agricultural use (100') do not apply for these types of lots. The trouble with this particular exemption is that it was probably intended to apply to existing dwellings, not all structures. However, the way the amendment reads today, a person can avoid having to provide agricultural and orchard setbacks for a subdivided lot if he creates that lot around an existing structure, which could be a house, but could also be a shed or barn, or any other structure. After discussion with staff, the DRRS believes the intent of this section was to have a 50' setback from an existing dwelling. The DRRS recommends that the following revisions be made to §165-55C: Proposed Amendment: Existing s' -z►wellings. The side or rear setbacks for any lot created around an existing use or str - dwelling or any family division lot shall be fifty (50) feet from all lot lines. Please review the proposed amendment for a public hearing during the August 7, 2002 Planning Commission Meeting. Staff discussed this proposed amendment with the Planning Commission during the meeting on June 19, 2002, and with the Board of Supervisors during their July 10, 2002 meeting. Changes are proposed to Section 165-55C, Existing Structures. JFC/ U. ICOMMI nL•'ESIDRRSIProjecl.vExisling Dwelling SelbackvWCPvblicHemingMewo.wpd 107 North Kent Street • Winchester, Virginia 22581-5000 PC REVIEW: 08/07/02 BOS REVIEW: 08/14/02 SOUBDMSiON ##07-02 MBC, L.C. (Frederick County School Board - Millbrook Drive Access Road) LOCATION: The property is located on the north side of Berryville Pike (Rt. 7) and the east side of Denny Lane (Rt. 1220). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 55-A-23, 25 and 26 PROPERTY ZONING & PRESENT USE: RP (Residential Performance) District and B2 (Business General); Land Use: Residential and Commercial ADJOINING PROPERTY ZONING & USE: Zoned RP (Residential Performance); B2 (Business General); MH1(Mobile Home Community); and RA (Rural Areas) District; Land Uses: Residential, Open Space and Educational SUBDIVISION SPECIFICS: Request to enable a boundary line adjustment with an adjoining property owner, enabling access to Route 7 (Berryville Pike). REVIEW EVALUATIONS: Virginia Dept. of Transportation: The application for subdivision of this property appears to have significant measurable impact on Berryville Pike (Route 7), the VDOT facilities which would provide access to the property. This section of street is currently not in the State's Secondary Road System.' However, all entrance design and drainage features must meet State requirements if the street is to be eligible for acceptance. A complete set of construction plans will be required for review. Fire Marshal: No comments at this time. Sanitation Authority: There are no water and sewer lines shown on this "Preliminary Plat of Subdivision." Water and sewer are available to the site. Subdivision #07-02, MBC, L.C. Page 2 July 25, 2002 Public Works: We offer no comments. Department of GIS: The road name of Millbrook Drive is approved for use in the Frederick County Road Naming System. Millbrook Drive has been reserved and will be incorporated into the system upon final subdivision. Structure numbers will be assigned as construction is permitted. NOTE: With all of the other Mill— road names already in the system, it may be advisable to select another road name that is more distinctive. Planning and Zoning: Public Meeting Requirement The Subdivision Ordinance requires that land divisions in the RP and B2 Zoning Districts, without an approved master development plan, be presented to the Board of Supervisors for final approval (§ 144-12-B). This boundary line adjustment will occur without the creation of any new parcels. A master development plan of the MBC, L.C. property remains a requirement to create any new parcels or to develop the existing tracts. This boundary line adjustment contains land zoned RP and B2 and does not have an approved Master development plan; therefore, Board review and action is necessary. Staff Review MBC, L.C., the subject property owner, is requesting approval for a boundary line adjustment as illustrated on Exhibit "A". The boundary line adjustment is to occur with the Frederick County School Board property which is situated on the northern side of the subject property. The area of the boundary line adjustment will separate the MBC, L.C. property into two portions. The intention of this boundary line adjustment is to enable the Frederick County School Board property to modify its current shape to enable a dedication of a 60' wide public right-of-way. This future public right-of-way is to enable a second access to Millbrook High School. STAFF CONCLUSIONS FOR 08-07-02 PLANNING COMMISSION MEETING: Staff is seeking administrative approval authority, therefore a recommendation from the Planning Commission to the Board of Supervisors regarding the boundary line adjustment request is desired. Should the Planning Commission forward a favorable recommendation, it would be appropriate to: ► Require the applicant to obtain approval of a master development plan prior to any future boundary line adjustments, development of existing parcels or subdivision of remaining property. A 55E 1 72A C 558 A 23 REGENCY ORNDORFF HEIGHTS 4' PROPERTY 55B A 29 COSTELLO 55B A 22 i 55B A 21 ASC LC 55B A 28 HODGSON fi. J, 55B A 27 .� WELCH 55B A 26 A CLINE 55B 21 A WLKINS DEVELOPMENT CORP 55 A 22 COUNTY SCHOOL BOARD OF FREDERICK 55B A 77 DOWNING 55 A 24 CHAN 55F 1 3203A SHENANDOAH HILLS HOMEOWNERSASSOC SUB #07-02 Location Map For: MBC, L.G. (Millbrook Drive) PIN: 55-A-23, 55-A-25, 55-A-26. R 1 �E 9 0 60 1770 Feet C 558 A 23 ORNDORFF L 4' 55B A 22 NEC, LC 55B A 21 ASC LC .� LC �. A �7 55B 21 A WLKINS DEVELOPMENT CORP 55 A 22 COUNTY SCHOOL BOARD OF FREDERICK 55B A 77 DOWNING 55 A 24 CHAN 55F 1 3203A SHENANDOAH HILLS HOMEOWNERSASSOC SUB #07-02 Location Map For: MBC, L.G. (Millbrook Drive) PIN: 55-A-23, 55-A-25, 55-A-26. R 1 �E 9 0 60 1770 Feet APPLICATION AND CHECKLIST SUBDIVISION FREDERICK COUNTY, VIRGINIA Date: May 30, 2002 Application # �!7-0 j Fee Paid Applicant: The County School Board of Frederick County, Virginia Address: 1415 Amherst Street Winchester, Virginia 22601 Attention: Al Orndorff Phone: 540/662-3888 Agent: Marsh & Legge Land Surveyors, P.L.C. Address: 560 North Loudoun Street Winchester, Virginia 22601 Attention: P. Duane Brown, L.S. Phone: 540/667-0468 Owner's Name: MBC, L.C. Address: 333 Wood Avenue Winchester, Virginia 22601 Attention: Mildred F. Cole Phone: 540/667-4729 Please list names of all owners, principals and/or majority stockholders: Mildred F. Cole Darlene Cole Dinah Krasich Deborah Isom Dexter Cole Jessica Krasich Tyler Spears Dawn Spears Jared Spears Contact Person: Charles E. Maddox, Jr., P.E. (G. W. Clifford & Associates, Inc.) Phone: 540/667-2139 Name of Subdivision: MBC, L.C. Subdivision Number of Lots: 7 Total Acreage: 17.4538 Acres Property Location: North side of Virginia Route 7 (Berryville Pike), east side of Virginia Secondary Route 1220 (Denny Lane). (Give State Route #, name, distance and direction from intersection) Magisterial District: Stonewall Property Identification Number (PIN): 55-A-23, 25 and 26 Property zoning and present use: RP and B2; Residential and Commercial Adjoining property zoning and use: RP, MI -11, RA and B2; Residential, Open Space and Educational Has a Master Development Plan been submitted for this project? No If yes, has the final MDP been approved by the Board of Supervisors? N/A What was the MDP title? N/A Does the plat contain any changes from the approved MDP? N/A If yes, specify what changes: N/A Minimum Lot Size (smallest lot): 15,284 Square Feet Number and types of housing units in this development: Number: 1 Types: Single -Family Detached - Traditional SUBDI WSION ADMINISTRA TOR vlcNITr W /I U VcD By OWNERS' CERTIFICA TE A iiAkQ0Y ACRES DA 7F THE ABODE AND FOREGOING BOUNDARY UNE ADJUSTMENT BETWEEN THE LAND OF THE COUNTY SCHOOL BOARD OF FREDERICK COUNTY, VIRGINIA AND A POR77ON OF THE LAND OF MBC, L. C., AS APPEARS IN 7HE ACCOMPANYING PLAT, IS Y✓ITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND 7RUS7FES, IF ANY. THE COUNTY SCHOOL BOARD OF FREDERICK CO., VA. MBC, L. C. By By NOTARY PUBLIC STA 7F OF CITY/COUNTY OF THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON DA TF BY ON BEHALF OF THE COUNTY SCHOOL BOARD OF FREDERICK CO., VA. NOTARY PUBLIC STA 7F OF CITY/COUNTY OF THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON BY DA 7F ON BEHALF OF MBC, L C. (NOTARY PUBLIC) (NOTARY PUBLIC) MY COMMISSION EXPIRES MY COMMISSION EXPIRES SURVEYOR'S CERTIF/CA TE I HEREBY CER 77f THAT THE LAND CONTAINED IN THIS BOUNDARY LINE ADJUSTMENT IS THE LAND CONVEYED TD THE COUNTY SCHOOL BOARD OF FREDERICK COUNTY, VIRGINIA BY DEED DATED 15 JUNE 7993 AND A POR7701V OF THE LAND CONVEYED TO MBC, L. C, A VIRGINIA UMI TED LIABILITY COMPANY, BY DEED DATED 1 DECEMBER 2000, SAID DEEDS RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF FREDERICK COUN7y; VIRGINIA IN DEED BOOK 798 AT PAGE 1385 AND AS 1NS7RUMENT ,f000013492, RESPEC77VEL Y. FINAL PLAT BOUNDARY LINE ADJUSTMENT SEH EN 7HE LAND OF THE COUNTY SCHOOL BOARD OF FREDERICK COUNTY, VIRGINIA AND A PORTION OF THE LAND OF MBC, L. C. STONEWALL MAGI57FRIAL DISTRICT FREDERICK COUNTY, VIRGINIA ID 3114-BLA DATE: JULY 23, 2002 IsMARSH Land SurL ,Qr T yr r -' SHEET 1 OF 5 TH P. Duane Brown No. 001285 J„a 25 ,,�a�z LgND SURvs�ll 560 NORTH LOUDOUN STREET 122601 0468 EXHIBIT "A" 469 )AF -ORR a SPO DONALD D. HODGSON & MELODY K. HODGSON PIN 55B -A-28 EDWARDCAO ERNEST R WELCH & PIN 55B -A-29 COSTELL BETTY J. WELCH PIN 55B -A-27 ROBERT M_ CLINE &\\ JUDITH A CLINE PIN 55B -A-26\ \ CHARLOTTE SCHULIFR ORNPIN 5 \\ & WANDA SCHULL R LARGENT \ PIN 55B -A-23,24,25 PIN &?r A-26 PN 55-A-26 MBC, LC. PIN 558-A-21,22\ O O L� P�5 PAL-215 e Vq LQ P�55--A-25 (t%gR�gR 0. � , Rs�J PIN 55-A 25 MO YAM CHAN & U WAH CHAN PIN 55-A-24 KEY MAP CP LIMITED PARTNERSHIP PIN 55-A-27 MBC, LC- PIN GP 55-A-23 OLD ROADBED THE COUNTY SCHOOL BOARD/ OF FREDERICK COUNTY, VIRGINIA NOTE: PIN 55-A-22 I. IRON RODS ARE 70 BE SET A T ALL CORNERS NOT PREWOUSL Y MONUMEN7ED GRAPHIC SCALE 290 0 100 290 4W 1 inch a 200 fL RNAL PLAT BOUNDARY UNE ADJUSTMENT BETWEEN THE LAND OF THE COUNTY SCHOOL BOARD OF FREDERICK COUNTY, WRG/N/A AND A POR770N OF THE LAND OF /ITEC, L. C. STONEVIALL MAGISTERIAL DISTRICT fREDERICK COUNTY, KRGINIA DA TE JULY 23, 2002 SCALE. • 1=200' SHEET 2 OF 5 TH OF P 'k G' P. Duane Brown No. 001285 July "O.Nb SUA`1E��4 MARSH 45c LEGG � v50 WWME Tom%, �GINU 22260 Land Surveyors, P.L.C. PRONE (540) 667-0468 M (540) 667-0469 DAF PIN 55B -A-26 PIN 55B -A-23,24,25 \ ROBERT M. CLINE & CHARLOTTE SCHULLER ORNDORFF JUDITH A. CLINE MBC, LC. & WANDA-SCHULLER LARGENT �B 86s PG X374 � PIN 55-A-26 DB 914 PG 587 \\ 7.970 ACRES (ADJUSTED AREA) \ �P 8.918 ACRES (ORIGINAL ARFA) \ INSTR. 1000013492 r \ EX. ZONING: B2 & RP\ h IRF aUSE COMMERCIAL & RESIDENTIAL PIN 55B -A-21,22 MBC, L.C. /R y tti INSTR. 1000013492 �-L sa'8 �i9s C2 Q sos �o_ /RF C5 41 h� MBC, L.C. PIN 55-A-26 00- 0�1'y1 0� 19 w �p k �✓ 7.970 ACRES (ADJUSTED AREA) 9Q9 (1.569 ACRES) 8.918 ACRES PIN (ORIGINAL /R PIN 55-A-26 INSTR. 55-A 26 EX. ZONING: B2 & RP G, 7.970 ACRES (ADJUSTED AREA) EX. USE COMMERCIAL & 8.918 ACRES (ORIGINAL AREA) JP RESIDENTIAL INSTR 1000013492 1 DL ZONING: B2 & RP EX. USE COMMERCIAL& lR 20>69, TRACT LINES S p6�ry� s`rss_ RESIDENTIAL . / T (HEREBY VACATED)� 9 �q R p Cl- � N OT, 1`I il%9�/q i �9? 5 0 1 s, �, (7.072 'g. 5 BAF g2 E AGRES)� �Ty R� F V FHOUN�NS s SPIN 55-A-24 MO YAM CHAN & U WAH CHAN ��o[D bxo>4 DB 691 PG 341 CURVE TABLE Na RADIUS I ARC TAN BEARINGCi1LI40 DELTA Cl 47x00 84L 28 42 N 017919 E 8321 107648 02 36a00 4.3 3 247. N 3o 32 E 407.40 6855 03 30a00 31&6 17,K8 N 345149 £ 30216 6028 C4 36a00 379.99' 209.85 S 345149 W 36259 6028:37' a 30Ro0 36aB 205887 S 303832 339.50' 6655,1 C6 53x001.9509'-47.8 S 017919 W 9,K9 1076 C7 44`017 22 11.42 S 13?? 56 E 2212 2YV636 78 5 00 9.8 ,h9 N a555*3' E 9.87' 01T74a1 W 53a 8522 4270• N 00VT79' E 8513' 09724 C70 36Qa0 71.80 36.02 N 5 892 E 7168 112540 C11 36QOD 3x219 164 N 29259 E 298.86 49x25 C12 35200 16YO-5 BT59' S 20714,3` W 16105 311-925' C13 3aao0 15,361 7453 S 502602' 151.9 29 20'12 MBC, LC PIN 55-A-25 \ MBC, L.C. 0.661 ACRES (ADJUSTED AREA) PIN 55-A-23 0.923 ACRES (ORIGINAL AREA) 7.143 (ADJUSTED AREA) INSTR. # 000013492 7.613 ACRES (ORIGINAL AREA) EX. ZONING: 62 INSTR. 1000013492 EX. USE RESIDENTIAL EX. ZONING: 132 DC USE: VACANT GRAPHIC SCALE too 0 50 too 200 1 Inch - 100 fL SHEET 3 OF 5 f7NAL PLAT BOUNDARY LINE ADJUSTMENT SEMEEN THE LAND OF `f' THE COUNTY SCHOOL BOARD OF FREDERICK COUNTY, WGINIA ,, AND A POP770N OF THE LAND OFwnMBC, C L. C. STONEWALL MAGISTER/AL DISTR/CT fREDEROCK COUNTY, KRC/N/A DATE JULY 2 2002 SCALE- 1 =100" ID 3114-BLA t LEGGE 5�STREETMARSH & ��G�2 Land Surveyors, P. L C. PHONE (540) 667-0468 FAX (540) 667-0469 DAF ('L1RVF TAR/ F Na I RADIUS I ARC TAN BEAR/N6 CHAFD OE'TA Cl 470.00 84.3' 4228' N 0179i9 E 84.21 1076'48' a 360.00' 43A04 247.05' N 303832 El 407.40' 683573' C3 300.00 31666 1748 N 345149 £ 30216 –60-2-557 64 360.00 379.99 209.85 S 345149 W 36259 607 CS 302A? 360.8 2A� S 303632339.50 685513 C6 53QOD 9ra09' 476 S 0179'19 W 94.97 1076'48 C7 44 2235 11.42 S 13777 56 E 221 29'0636" C8 530. 00 9.8 49 N 0555 E 9. 0104 01 19 f 9S 1 09724CIO 760.00 71.80 35.02 N 378" E 77 1125'40"360.00 30319' 16425' N 859" £ 29886' 4927257" C9 530.00 85.22 4270 N;__W�W C12 300.00 1620.5 8. 59 S 2071 161.05 . 1TV325 C13 300.00 15I61 7 S 502602 151.9 2920 2 PIN 558-A-29 EDWARD CARTER COSTELLO DB 668 PG 471 GRAPHIC SCALE 100 0 50 100 pOp 1 inch — 100 fL J PIN 55-A-27 CP LIMITED PARTNERSHIP �,Pa DB 887 PG 328 �P THE COUNTY SCHOOL BOARD OF FREDERICK COUNTY, VIRGINIA PIN 55-A-22 130.105 ACRES (ADJUSTED AREA) A128.425 ACRES (ORIGINAL AREA) A- DB 798 PG 1385 EX ZONING. ZONING: RA El USE EDUCATION U# PIN 5513-A-28 MBC, L.C. RF DONALD D. HODGSON PIN 55-A-26 MELODY K. HODGSON 7.970 AGES (ADJUSTED AREA) V1 \DB 770 PG 181$ / 8.918 ACRES (ORIGINAL AREA) \ 1� INSTR. 1000013492 0 EX ZONING: 82 & RP a DL USE. COMMERCIAL & RESIDENTIAL PIN 55B -A-27 ERNEST R. WELCH & \BETTY J. WELCH ryk DB 266 PG 310 k 0S PIN 55B -A-26 ROBERT M. CLINE & JUDITH A. CLINE DB 869 PG 1374 MBC, L.C. W PIN 55-A-26 (6.401 ACRES) 7.970 ACRES (ADJUSTED AREA) W 8.918 ACRES (ORIGINAL AREA) n INSTR. # 000013492 EX. ZONING: B2 & RP DL USE COMMERCIAL & RESIDENTIAL C N 6Sb6nD. (0.071 ACRE MBC, LC. s 47.4643` E PIN 55-A-23 137.72' 7.143 (ADJUSTED AREA) 7.613 ACRES (ORIGINAL AREA) INSTR. 1000013492 DL ZONING: B2 3a56' DC USE VACANT 872 15 tr ,�(�8,I ' TRACT LINES (HEREBY VACATED) � i � '( 3966 - E cl3 / S 6Sb606- 11 (7.072 AGES) N 1444'15' E TRACT LINE .569 ACRES) 22612(HEREBY VACATED) SEE SHEET 5 RNAL PLAT BOUNDARY LINE ADJUSWENT EETMEEN 7HE LAND OF THE COUNTY SCHOOL BOARD OF FREDERICK COUNTY, VRG/N/A AND A POR770fV OF THE LAND OF A95C, L. C. STONEWALL RAG/STc-R/AL D/S77?/CT FREDERICK COUNTY, KRG/N/A ID 3114-BLA DA 7E JULY 23, 2002 SCALE- l`_-100' w� N � a R1 150" NORTHERN ORG/N4 POWER CO E45SWENT (DE 255 PG. 599) SHEET 4 OF 5 THOFD�r P. Duane Brown No. 001285 LgND SUR`i���4 MSO NORTH WUIDOUN EET p — AR S H C L"GGE S�CHESTER, VIRGINIAS22601 Lard Surveyors, P.L.C. PHONE (540) 667-0468 FAX (540) 667-0469 DAF (1.569 ACRES) / ) N 14'44'15' SEE SHEET 4 I415" E I / 226.12' / (7.072 ACRES) gZ IRF IBC, L.C. Z Al 1428'46' E PIN 55-A-26 421.74' 77.970 ACRES (ADJUSTED AREA) THE COUNTY SCHOOL BOARD N W ' AIRF 8.918 ACRES (ORIGINAL AREA) OF FREDERICK COUNTY, VIRGINIA ni �k�ya9�g EIN`STR N 000019 p PIN 55-A-22ZON-- /RF N% J EDC USE COMMERCIAL , / 130.105 ACRES (AD�isftV AREA) Z 128.425 ACRES (ORIGINAL AREA) .RESIDENTIAL rn DB 798 PG 1385 I N EX ZONING. RA EX USE EDUCATIONI / mss 99J IABC, L.C. I n, PIN 55-A-24 / PIN 55-A-23 �• MO YAM CHAN & U WAH CHAN / 7.143 (ADJUSTED AREA) OH 360 p& DB 691 PG 341 / 7.613 ACRES (ORIGINAL AREA) o 71 UISTR. 1000013492 EX ZONING 62 EX USE VACANT S/492205- w S 512645- W 14a /9 125.56' IRF OLD ROADBED s so 'a�' w (COMMONWEALTH OF VIRGINIA 864'5 S 693;14? ' w N EX. R/W) 1s 0 yp- GRAPHIC SCALE 100 0 50 100 200 1 Inch — 100 fL FWNAL PLAT BOUNDARY LINE ADJUSTIVENT SETHEEN THE LAND OF THE COUNTY SCHOOL BOARD OF FREDERICK COUNTY, WG/N/A AND A POR770N OF THE LAND OF UBC, L. C. STONEWALL MAG157FR/AL D/STR/CT FREDERICK COUNTY, 19RGIN/A ID 3114-BLA DATE JULY 23, 2002 SCA LE:- 1 =100' SHEET 5 OF 5 S _ TH OF U Y�4/um.,.� P. Duane Brown No. 001285 J,,U, LgND SURy��o¢ MARSH & LEGGE 51m�o� STREETTII2, VIRGINIA 22601 Land Surveyors, P. L. C. PHONE (540) 667-0468 FAX (540) 667-0469 DAF TO: FROM: RE: DATE: COUNTY of FREDERICK Department of Planning and Development MEMORANDUM Frederick County Planning Commission Eric R. Lawrence, Planning Directorfrp, Planning Commission Identified Topics for Discussion July 25, 2002 540/665-5651 FAX: 540/665-6395 On July 17, 2002, the Planning Commission held a work session to identify issues that the Commission felt warranted greater consideration. The identified issues ranged from efficiency in customer service to Zoning Ordinance development. The Commission also raised concerns with the current transportation planning program. Attached is a list of the issues that were identified during the Planning Commission's work session. Staff would ask that each Commission member rank the issues in order of highest to lowest priority, in preparation for discussion during your August 7, 2002 Commission meeting. This ranking will be utilized to determine the order in which the issues will be addressed. The Commission also requested a list of potential evenings throughout the month which presently do not have regularly scheduled meetings. This information would assist the Commission determine, if discussion outside of a regular Planning Commission meeting is deemed appropriate, the available nights. That list of available evenings for the month of August and September are attached. Please let me know if you require additional information. Thank you. ERL/ch Attachment U'\Eric\Common\pc issues memo.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 2002 Planning Commission Discussion Topics Please rank the identified issues by placing a number between 1 and 9 in the left hand column of the table provided below. This number indicates the priority which you feel each project should be given; this ranking will be utilized to identify the priority for future Commission discussions. Blank rows have been incorporated into this table to provide an opportunity to identify additional projects which may warrant consideration. Use a "1" to represent the most important, top priority. Planning Commission Discussion Topics Rank Topics Efficiency of meetings, smoother running PC meetings. Provisions for better informing Commission regarding pending applications. Development of a defined procedure/methodology for working through issues. "Citizen Friendly" process. Work sessions, prior to formal public review of an application to iron out problems, might reduce length of public hearing meetings. Zoning Ordinance exceptions. Look into ordinance amendments to minimize the requests for exception. Woodlands disturbance is an example of an overly sought exception. "Small Urban Area" classification. What impact will the recently coined phrase have on the County. Transportation Planning. Revisit transportation planning from a local and regional perspective. Clarify Route 37; revise plans accordingly. Impact Model. Consider development of an additional model to analyze anticipated impacts on county operations. Managing residential growth in the UDA and RA. Commissioner's Name: Date: Available evenings during the months of August and September 2002 (when Commission activities are presently not scheduled) Friday, August 9, 2002 Tuesday, August 13, 2002 Thursday, August 15, 2002 Friday, August 16, 2002 Monday, August 19, 2002 Friday, August 23, 2002 Monday, August 26, 2002 Tuesday, August 27, 2002 Wednesday, August 28, 2002 Thursday, August 29, 2002 Friday, August 30, 2002 Thursday, September 5, 2002 Friday, September 6, 2002 Tuesday, September 10, 2002 Friday, September 13, 2002 Monday, September 16, 2002 Thursday, September 19, 2002 Friday, September 20, 2002 Monday, September 23, 2002 Tuesday, September 24, 2002 Friday, September 27, 2002 Monday, September 30, 2002